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Sunday, 19 April 2015

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Sports Ministry, NOC must strengthen their dialogue

Minister of Sports and Tourism Navin Dissanayake has defended his decision to appoint an interim committee to administrator Sri Lanka Cricket (SLC), stating that it was his "sovereign right".

"I have every sovereign right to act as the minister. My actions are very much within our laws," he was quoted as saying. Minister Dissanayake was quite right in making such statement because the National Sports Law permits the Sports Minister to take such action if a national sports association (NSA) is going astray. But at the same time, he should justify his decision with concreate evidence that the Ex-Co of that NSA is corrupt.

The International Cricket Council (ICC) bowled a doosra last week, stating that it will "withhold its next financial distribution due to Sri Lanka, pending an investigation into possible government interference in Sri Lanka cricket". The ICC board, which met in Dubai last Thursday to discuss whether the appointment was a breach of the ICC's constitution, supported an ICC governance review committee recommendation that it write to the sports ministry, "seeking a full and proper explanation.

Minister Dissanayake feels that an election to the SLC is not going to help the investigations, but would only complicate it. Dissanayake had said that the interim administration would improve the structure of the game and also change the SLC voting system.

The Sports Minister is making an all-out effort to refine Sri Lanka sports, investigate corrupt deals of officials and punish those who are proven guilty. Although the international sports bodies welcome exposing corruption, they would not tolerate politically-appointed interim committees by any government of a member country.

This is a tricky situation. The minister wants to make a thorough investigation on large-scale corruption allegation against some senior SLC officials of the previous regime. The minister says he was compelled to appoint an interim administration for the SLC as it would not be possible to conduct a smooth and transparent investigation while the accused officials hold office. But many question the presence of the former Treasurer Nuski Mohommed in the new interim committee too.

The international sports bodies look from a different angle. Direct involvement by a sports minister on internal matters of any national sports body is something no international spots governing body would permit, no matter how genuine the intentions are. Although Minister Dissanayake has done so with good intensions, certain world bodies take a difference stance.

Two of the world's largest international sports bodies - the International Olympic Committee (IOC) and the world football governing body FIFA recently asked Sri Lanka to revoke its decision to hold elections under controversial provisions to the National Sports Law in assure autonomy and jurisdiction of national sports associations.

This is an alarming situation as the IOC and FIFA would not hesitate even to take disciplinary action against their local member associations if we do not comply with their international regulations.

But they must also respect the law of the land and the Constitution which is supreme. If the country's sports laws are not falling in line with international regulations, we must rectify those with at least minimum requirement. Minister Dissanayake is bound to carry out the law of the land, which was in place before he had assumed office.

Minister Dissanayake last week wrote to the IOC, stating that no pressure whatsoever was exerted to any sports body or federation by the Sports Ministry. "We categorically deny that any pressure had been exerted to any sports body or federation by our Ministry," Minister Dissanayake stated in his letter to the IOC.

He was responding to a letter sent by the world Olympic body which instructed Sri Lanka to reverse its decision to hold elections under the new amendments to the Sports Law, as recommended by the previous National Sports Council headed by Dr. Maiya Gunasekera. The IOC is of the view that the new laws would not ensure autonomy and jurisdiction of national sports associations.

The IOC and FIFA communications came as the Sports Ministry was planning to hold elections under controversial provisions of the Sports Law and the subsequent regulations made on January 15, 2013. Minister Dissanayake has assured that he would never permit any interference or politicisation of any sports body in the country.

"We wish to inform you that we will on our part comply with the roadmap created on these new timelines stated above and assure you that the present government of Sri Lanka and the Ministry will ensure and take every possible step to work very closely with the IOC, Olympic Council of Asia, Association of National Olympic Committees (ANOC) and all other international sports federations and that we will no way permit any interference or politicisation of any sports body in Sri Lanka," the Minister stated in his reply dated April 10, 2015.

It is unfortunate that Minister Dissanayake has been dragged into this unwarranted controversy, just days after he had assumed office. All these new sports laws had been drafted by the previous regime and the minister has been forced to pay for their sins.

Even most of the national sports associations (NSAs), which had teamed up with the previous regime and confronted with the National Olympic Committee (NOC), are now going behind top NOC officials, pleading their support to change new legislations. The new regulations prevent officials who had served in an Ex-Co of a NSA for more than four years seeking re-election to any post.

However, the IOC stood its ground and instructed Dissanayake's predecessor to refrain from brining legislation that would contradict accepted regulations of international sports bodies. Since then, there has been a dialogue between the Sports Ministry and the NOC to draft new legislations which would comply with the IOC and its member federations.

Minister Dissanayake has said that a joint committee appointed to amend the Sports Law and the Regulations to fall in line with the guidelines of the IOC, international bodies has made significant progress. The committee has informed the Minister that the process would take time until June 30.

Once the draft is made, it would be sent to the Attorney General and the Legal Draftsman's Department. It is only after this procedure that that the Bill would be presented to the Parliament. It is understood that this process would take a minimum of four to six months. However, with the likely dissolution of the Parliament soon, this would even take a longer duration.

Under the circumstances, Sri Lanka will have to deal carefully with the international sports bodies.

The alarming letters from the IOC, FIFA and the ICC should be carefully studied and the Sports Minister should consult knowledgeable advisors to find a cause of action that would diplomatically handle the situation.

The IOC has demanded that revisions of the Sports Law and regulations before May 31 in consultation with the NOC of Sri Lanka and NSAs to ensure full compatibility with the principles which governs the Olympic movement. Since this is not practical at this juncture, it is advisable for the Sports Ministry to consult the NOC and jointly present the case to the IOC to seek an extension.

 

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