FOOTBALL'S SOCIAL RESPONSIBILITY - TIME FOR ACTION - BEFORE, DURING AND AFTER THE FIFA WORLD CUP IN QATAR
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
FOOTBALL’S SOCIAL RESPONSIBILITY – BEFORE, DURING AND AFTER THE FIFA WORLD CUP IN QATAR TIME FOR ACTION
Contents Introduction 3 Summary 4 The Commission’s recommendation concerning a boycott 4 The Commission’s recommendations for demands that FIFA take action to improve the situation in Qatar and avoid future sports-washing 5 The Commission’s recommendations concerning the need to strengthen the platform underpinning NFF’s human rights activities 6 Human rights and labour rights challenges linked to the World Cup in Qatar 7 How NFF can contribute to permanent change in Qatar and FIFA 9 NFF and FIFA’s duty to contribute to permanent change in Qatar 9 NFF must work for permanent change within FIFA 11 How NFF can combat sports-washing in football 12 Need to strengthen NFF’s platform for working with human rights 13 Recommended initiatives to effect change 16 Boycott 16 Dialogue and demands 19 On-site demonstrations 19 With the Extraordinary Congress into the future 20 Timelines for developments in Qatar, FIFA and NFF from 2010 to 2021 21 The Commission’s members 30 The Commission’s mandate 30 Plenary meetings of the Commission 32 Reports/sources/interview list 32
1. Introduction The Commission considers that the FIFA World Cup (World Cup) should never have been awarded to Qatar in 2010. With this as its starting point, the Commission has been surprised that neither NFF nor FIFA has been willing or able to quickly and clearly demand that the competition’s organisers and the Qatar authorities ensure improvements in the situation for migrant workers in the country. FIFA has adopted a new policy intended to ensure that human rights and labour rights are upheld going forward, but they have not lived up to these standards with respect to taking responsibility for improving the situation for workers in Qatar. The absence of adequate action in solidarity with migrant workers has for a long time been a collective failing on the part of the international footballing community. The immense international attention surrounding the World Cup has contributed to international pressure for legal reforms in Qatar. For the Commission, it has been important to illuminate how Norwegian football can contribute to the World Cup being used to implement these reforms so that they will benefit as many migrant workers as possible, as effectively as possible. The Commission has sought to bring together relevant information and, on this basis, arrive at recommendations which NFF’s Extraordinary Congress must now discuss and vote on. The objective is that this report will assist the sport’s elected representatives to decide how best Norwegian football can help international football to take greater responsibility before, during and after the 2022 World Cup in Qatar. The Commission has interpreted the mandate it was given by NFF’s governing board to mean that we, in this report, should provide the Extraordinary Congress with a basis for deciding: 1. What is the problem with awarding the World Cup to Qatar, and what do we want changed? 2. Initiatives to succeed in achieving the desired changes. 3. How to avoid “sports-washing” and strengthen Norwegian football’s platform for human rights compliance and enhancement. For the Commission, it has been important to see how Norwegian football can in future strengthen its engagement to prevent football being misused for political whitewashing, and instead exploit its full potential as a positive force for Norway and the international community. Given the relatively short time between the Commission started its work and the report was due to be delivered to NFF’s governing board and its Extraordinary Congress, the Commission decided to break into working groups with specific tasks to achieve the most effective collection and processing of relevant information. In addition to various working group meetings, the full Commission has met 18 times. The award of the World Cup to Qatar has prompted national and international debate, with strong views being expressed. In its endeavours, the Commission has sought to be fact-based, but some of the recommendations inevitably rest on subjective assessments. This is particularly evident in the recommendations concerning the initiatives Norwegian football must implement to reach the objectives that the Commission is agreed on. As for most football matches, the outcome of sports diplomacy is uncertain. Just as in football, success depends on thorough preparation, competence, good judgement and helping each other to play well. In its assessments, the Commission has emphasised the importance of proposing measures that encourage as many as possible to concerted action. In sports diplomacy, going it alone quickly descends into empty posturing. The Commission hopes that it will be possible to bring Norway’s whole sporting community together in support of a shared platform and shared goals with respect to these ethical issues. Norwegian sports have a total of 250 representatives in international positions, but they lack a unified understanding of what our international efforts should achieve. In conclusion, the Commission would like to pay tribute to the individuals who have taken the initiative to put this debate high on the national and international agenda. You have made a vital difference and have helped make human rights an integral part of football and not a separate issue that sport can influence from the outside. Now it is up to the democratic process and NFF’s Extraordinary Congress to decide which ethical choices Norwegian football shall make. Choices which will have an impact for a long time to come and far beyond Norway’s borders. 3
2. Summary The Commission’s recommendation concerning a boycott A majority of the Commission, comprising 12 of 14 members, considers that boycotting the World Cup would not be the most effect way of strengthening human and labour rights in Qatar. Nor would a boycott be the most effective way of persuading FIFA to introduce permanent changes to promote greater respect for human rights. This view is based on a review of the facts, interviews and expert assessments. The majority rests its conclusion on the fact that while there is little likelihood that a boycott would contribute to permanent changes in either Qatar or FIFA, there is a risk that it could cause Norwegian football to lose opportunities to exert its influence at a time when international football’s ethical foundations are under pressure. The majority gives weight to statements by international human and labour organisations asserting that further dialogue, with clear demands, is necessary for the reforms to be implemented and benefit all migrant workers. The Commission’s majority therefore recommends that NFF’s Extraordinary Congress vote to send a clear message to FIFA and the organisers in Qatar demanding the implementation of the important reforms that will ensure all migrant workers in Qatar a working environment that is neither dangerous nor injurious to their health, as well as acceptable pay and living conditions. The majority considers that this is important to help ensure the reforms adopted in Qatar are implemented, which should be a precondition for the entire international football community’s participation in the World Cup. The Commission’s majority points out that it is the responsibility of NFF’s governing board to implement the decisions taken by the organisation’s Annual Congress. The majority considers that the NFF Ethics Committee will be an important factor in verifying whether Congress decisions regarding human rights activities have been satisfactorily implemented by NFF. Through dialogue with the major international human and labour rights organisations with a presence in Qatar, the committee will also be able to assess the situation in the country on an ongoing basis. Important indicators will be: • That the workers’ demands are met, including the payment of accrued wages. • That members of the free press are permitted to enter the country. • That the implementation of the reforms intended to strengthen migrant workers’ rights in Qatar are not reversed. The Ethics Committee must submit written quarterly reports to NFF’s governing board, which must publish it on www.fotball.no. The Ethics Committee must also report on its assessment of NFF’s human rights activities at each Annual Congress, starting in March 2022. Given the highly censurable and insecure situation for migrant workers in Qatar, commission members Kjersti Løken Stavrum and Tom Høgli consider that a separate assessment of conditions in the country must be made immediately prior to the start of the FIFA World Cup Qatar 2022 tournament. The risk of new revelations of censurable conditions in the run-up to December 2022 is very real. These members consider that this could cause further embarrassment to the World Cup tournament itself and the wider football community. Given the weakness that FIFA and NFF have hitherto exhibited, and therefore the lack of confidence in their efforts going forward, it is natural that the Ethics Committee should lead this assessment and submit its conclusions in a publicly available report shortly before the tournament begins. A minority of the Commission, comprising two of its 14 members, want NFF’s Extraordinary Congress to vote in favour of boycotting the World Cup if it takes place in Qatar. If the tournament is relocated to another host country, where systematic and gross human rights violations have not been documented, Norway will take part if we qualify. It is important that Norway does not accept the use of football to legitimise the abuse of human rights and violation of football’s values, or whitewash dictatorships. Norwegian football has an independent responsibility to stand up for what is right. There are limits to what Norwegian football can a participant in. The minority considers that neither Qatar nor FIFA have implemented changes good enough to make it morally defensible to participate in the tournament if it takes place in Qatar. The 4
minority consider that there are no indications that Qatar will succeed in, or is willing to, implement good enough changes for us to consider it acceptable to participate in the World Cup in Qatar. The minority considers it clear that the reforms adopted in Qatar have not been implemented on the ground. The minority disagrees with the majority’s view that a boycott would place Norway on the sidelines with respect to changes in FIFA. The minority view a boycott as the most powerful weapon we have and will attract massive international attention. It is their opinion that a boycott could therefore help to demand a new standard for what football can accept both within FIFA and outside it. The minority finds it worrying to experience that, step by step, international football is moving its ethical position away from what should be our moral standards. They find that workers’ rights are particularly poor, while financially strong actors have their interests enhanced. The 2022 World Cup and the European Super League are examples of incidents where money and powerful people are able to shape football to far too great an extent. That is why the protests against the 2022 World Cup send a clear message that enough is enough. That is why it is now vital that Norway takes a clear stand and sets the political agenda for international football going forward. The Commission’s recommendations for demands that FIFA take action to improve the situation in Qatar and avoid future sports-washing The award of the World Cup to Qatar challenges football’s ability to take its social responsibility seriously. Many migrant workers in Qatar live and work under unacceptable conditions. According to international labour rights organisations, the biggest challenges in Qatar today relate to construction sites that are not part of the World Cup infrastructure programme. Nevertheless, the Commission considers that football has a responsibility to extend the standards applicable to World Cup-related building work to the whole of the construction industry and other parts of working life in Qatar. Since 2010, the authorities in Qatar have adopted important reforms, which are intended to help achieve this. However, international human and labour rights organisations agree that the challenge going forward lies in the implementation of these reforms. For a long time, FIFA’s view was that they had no responsibility for working conditions linked to the construction of stadiums in host countries. In 2015, a complaint was filed against FIFA in Switzerland, under the OECD’s established grievance procedure, citing abuse of migrant workers’ rights in Qatar. This was the start of a great many changes in FIFA’s policies. These included adoption of a human rights policy and changes in the criteria for the award of championship competitions. Clear criteria for the award of competitions, as well as procedures to secure compliance therewith, are a necessary precondition for the prevention of sports-washing. In 2016, FIFA decided to include an article on human rights in its Statutes, and announced that human rights would be integrated into the criteria for the award of the 2026 World Cup. An important initiative that FIFA implemented in the period 2017–2020 was the establishment of an independent advisory committee on human rights. The committee’s final report set out important recommendations for FIFA’s further endeavours, and the Commission has attached importance to these in its own assessment. The Commission expects that NFF will: • Immediately contact FIFA when NFF becomes aware of serious new incidents in Qatar. NFF must ask FIFA to exert its influence with the Supreme Committee and the authorities in Qatar to achieve the fastest possible change. • Ask FIFA to engage with the authorities in Qatar to secure the establishment of enhanced inspection mechanisms to enable abuses against workers to be quickly uncovered and stopped. • Be more explicit in demanding that FIFA actively takes responsibility for ensuring that the workers who are building stadiums and other World Cup-related infrastructure in Qatar receive what they are entitled to. FIFA should also use its influence generally on behalf of migrant workers in Qatar. This includes efforts to establish the right to unionise. • Support the start-up of a resource centre for migrant workers, which is currently being established, by contributing initial capital. NFF should strongly encourage FIFA to do the same. • Demand that the authorities in Qatar implement adequate measures to ensure that members of the LGBTQI+ community feel welcome and safe as participants or guests during the World Cup. • Demand that FIFA incorporate a permanent, independent human rights committee as a key part of the FIFA organisation, with members nominated by internationally recognised human rights organisations. In addition, a greater focus on independence is crucial in connection with nominations to all independent bodies in FIFA. 5
• Secure a binding assurance from FIFA that the award criteria adopted in 2016 will apply to all future FIFA championship competitions, for men and women and at the club level. NFF should also work for the adoption of a provision that future awards will be withdrawn if host countries fail to meet specific demands for change within a specific timeframe. • Ask FIFA to demand a guarantee from the authorities in Qatar that members of the free press will be allowed to enter the country and access the facilities before, during and after the World Cup. This is particularly important to verify the quality of the information and follow-up of conditions in the country, and involves easy access to a visa for any journalist who wants one. • Demand that FIFA issues quarterly reports to all football associations about the preparations for the competition, with clear performance indicators. • Invite the Norwegian Olympic and Paralympic Committee and Confederation of Sports to engage in an inclusive process to agree on how we can jointly build and rebuild trust in sport’s international ethical foundations through tangible steps and measures to prevent sports-washing and help to strengthen human rights. The Commission’s recommendations concerning the need to strengthen the platform underpinning NFF’s human rights activities The Commission finds that there is remarkably little focus on human and labour rights in general in the work NFF does, despite the wide international network that Norwegian football is part of. There is a considerable risk that national teams and clubs play matches or hold training camps in countries where there are serious human rights challenges. It is therefore astonishing that NFF does not seem to have a stronger focus on due diligence methodology and risk analysis. Norwegian football’s efforts to boost respect for human rights must permeate all levels in the organisation, but the greatest responsibility lies with its leadership. The Commission considers that NFF’s leadership will in future have to have a stronger focus on how it can give Norwegian football interests greater impact in UEFA and FIFA. If Norway is to have legitimacy and power in the international effort to influence FIFA, UEFA and other associations, the Commission believes it is important that Norwegian football adopts guidelines for how Norwegian football, in the form of its associations, leagues, clubs and leaders, should address issues relating to human rights. The Commission will also recommend a review of the Ethics Committee’s mandate and function, to give it responsibility for verifying that the measures NFF’s Annual Congress adopts to strengthen its human rights activities are actually implemented. The Ethics Committee should also be given responsibility for reporting to NFF’s Annual Congress on developments in Qatar and whether necessary reforms there are being reversed. The Commission expects that NFF will: • Put endeavours to promote human rights far higher on its own agenda. This means, for example, embedding respect for human rights as a key aspect of Norwegian football’s international interests in NFF’s strategy. Work on this topic must also been reported to the Annual Congress and included in the annual report. • Develop a comprehensive strategy for how Norwegian football can strengthen its own participation in and ability to influence international forums and committees, in order to increase acceptance of Norwegian football’s priorities, particularly work to promote human rights, participation and equality, and to combat sports-washing and corruption. NFF should establish a committee to propose guidelines for Norwegian football on matters relating to human rights. • Review the Ethics Committee’s mandate and function, and give it responsibility for verifying that the human rights-related measures adopted by NFF’s Annual Congress are actually implemented. This means reporting to the Annual Congress on the implementation of decisions, starting with the Annual Congress in 2022. To ensure the Ethics Committee has the capacity and competence needed to perform this additional task, the Commission urges the forthcoming Extraordinary Congress to consider a resolution to increase the Ethics Committee’s membership. • Become a member of the UN Global Compact and work for FIFA to do the same. • Ensure that NFF acts as a “responsible consumer” in connection with Norwegian participation in international events, by choosing suppliers who can demonstrate that they are working actively to avoid involvement in gross human rights and/or labour rights abuses. 6
• Introduce procedures to offer players and support staff linked to national and club teams a thorough introduction to the human rights situations prevailing in the countries they are going to visit, to build trust and pave the way for informed, individual choices concerning, for example, the exercise of free speech. 3. Human rights and labour rights challenges linked to the World Cup in Qatar Link to background memo on working conditions in Qatar BWI The Building and Wood Workers’ International (BWI), is an international labour organisation that promotes the interests for workers in the construction and wood-processing industries. BWI is made up of 351 trade unions representing 12 million members in 127 countries. BWI has been working inside Qatar to improve migrant workers’ living and working conditions since 2010. Labour rights Protecting human rights, including labour rights, is primarily the responsibility of the state. This is established in international law through a series of conventions, agreements that states choose to sign up to or not. Compliance is meant to be secured by the states adopting laws and establishing courts and authorities that work to protect human rights. These rights are not restricted to the state’s own citizens, but apply to everyone inside its territory. Members of the International Labor Organization (ILO) have decided that when a state becomes a member of the ILO, it is automatically bound by all eight of the ILO’s core conventions (on child labour, forced labour, freedom from discrimination, freedom of association and collective bargaining). Qatar is a member of the ILO. The most important measures introduced in Qatar since 2015 The most important measures introduced by the authorities in Qatar since 2015 are: • “The Domestic Workers Law”, which limits working hours and mandates daily rest breaks, one day off a week and paid holiday. • More than four workers are no longer permitted to be accommodated in the same room. • Labour Committees have been established to resolve work-related disputes and increase workers’ protection under the law. • The introduction of fines and prison sentences for the withholding of wages (wage theft), as well as a fund to support and accelerate the payment of unpaid wages. • A non-discriminatory new minimum wage (to be implemented in 2021). • The adoption of legislation to remove the most problematic and restrictive aspects of the kafala system, including the requirement that workers obtain exit permits and no-objection certificates if they wish to change to a new employer. • Ratification of two key international human rights conventions, even though Qatar has reserved the right to ignore some of their key obligations, including the right of workers to form and join trade unions. • The adoption of new legislation to ensure workers are better protected from heat stress during the summer months. 7
The kafala system The kafala system is used in the Gulf states to control migrant workers, primarily in the building and construction sector. The system requires all unskilled workers to have a sponsor in the country, usually the employer, who is responsible for visa matters and the workers’ legal status. This system has been fiercely criticised by human rights organisations as exploitative because employers can confiscate workers’ passports and exploit them with very little risk of legal consequences. FIFA’s 2010 decision to award of the World Cup to Qatar has been criticised particularly on the grounds that legal protections in the country are inadequate, that the award was not based on sporting criteria and that it was part of a “sports-washing” effort to boost Qatar’s standing in the eyes of the world. It has also been alleged by various media that corruption was involved in the award. The Commission has examined conditions relating to the construction of the World Cup venues and other competition-related infrastructure. In the opinion of the Commission, conditions at these sites are better than in the rest of the country. The authorities in Qatar assert that there were 37 fatalities directly linked to the construction of World Cup stadiums in the period 2010 to 2019, 34 of which were recorded as not work-related. Conditions for migrant workers in Qatar were highlighted by The Guardian newspaper in an article published in February 2021. Here, the total number of migrant workers who have died in Qatar in the same period was estimated at 6,500. Medical experts have pointed out that the large number of non-work-related deaths ascribed to cardiopulmonary disease among young men is probably due to fatal heat stroke caused by working in high temperatures, and that such deaths are therefore linked to the censurable conditions in which many workers live and toil. It is unfortunate that a number of different figures for work-related deaths are being circulated, and that they do not provide a basis for comparison with other countries and situations. The ILO’s statistics for 2020 indicate that there were 43 work-related deaths in Qatar in a 10-month period. This figure is considerably lower than The Guardian’s claim, though it is substantially higher than the figure stated by the authorities in Qatar. Human Rights Watch, Amnesty International and the UN, through the International Labor Organization (ILO), are among those who have repeatedly warned of censurable conditions for many migrant workers in Qatar. This includes long-hours and demanding work at dangerously high temperatures, low or missing wages, failure to recognise trade unions, and poor living conditions. In addition, the workers have been subject to the so-called kafala system, like other migrant workers in the Gulf region. This system prevents them leaving the country or changing jobs, without first obtaining their employer’s permission. These challenges are reinforced by the fact that migrant workers make up approx. 99 per cent of the workforce in Qatar’s construction industry. The Commission has found that the legislative amendment giving workers the right to change their employer has had an impact. Since the law went into effect in September 2020, over 70,000 people have made use of this right, according to official figures. The ILO confirms that a large number of employees who have changed jobs since the change in the law. Even though this must be considered an indication of extreme discontent, such job swaps create a powerful incentive for employers to treat their workers well – to secure continuous operations and prevent costly employee churn. In this way, the competition for workers generates positive change. The Commission recognises that Qatar has introduced tangible measures and important legislative changes to improve conditions for migrant workers and abolish the kafala system. Nevertheless, it considers that there is a long way to go before this has been implemented nationwide, as organisations like Amnesty have underlined. The need for enhanced implementation is also emphasised strongly by the World Cup organiser in Qatar (Supreme Committee). The Commission has given weight to BWI’s reports that international efforts to influence the World Cup organisers have produced results, and that inspections have confirmed improvements in health and safety at the stadiums. Deaths linked to the construction of the World Cup stadiums are therefore far lower than in Qatar as a whole. This confirms BWI’s conclusion that the World Cup organisers have secured better working conditions for migrant workers than is the standard in the rest of the country. At the same time, the Commission would like to point out that both the organiser and FIFA must take responsibility for the conditions experienced by migrant workers engaged in the construction of other World Cup-related infrastructure. 8
Although the biggest challenges in Qatar relate to construction sites that are not part of the World Cup programme, the Commission considers that football and FIFA have a broader social responsibility. Several of the Commission’s recommendations to NFF’s Extraordinary Congress are therefore measures that are intended to “transfer” the standards applying to World Cup-related construction projects to the entire construction industry and other parts of Qatar’s working life. In the face of this challenge, it is reassuring that BWI, ILO, the International Trade Union Confederation (ITUC) and Amnesty are unanimous not only in their view of the importance of the improvements that have been introduced in Qatar since the World Cup was awarded, but also in their assessment of the most important challenges going forward. All the experts that the Commission has talked to have pointed out that implementation of and compliance with the reforms and improvements that have been initiated to date will be the main challenge going forward. The Commission wishes to underline that FIFA has both the opportunity and the responsibility to ensure that these reforms do not remain simply words on a page, but lead to better conditions for all workers in the country – also after the World Cup’s floodlights have been turned off. This must include a working environment that is neither dangerous nor injurious to the health of the workers, as well as acceptable pay and living conditions. NFF must here take a clearer responsibility and work actively with specific initiatives to support the joint international pressure being brought to bear by actors both within football and outside it. 4. How NFF can contribute to permanent change in Qatar and FIFA Link to memo on FIFA’s processes for compliance and handling human rights challenges NFF and FIFA’s duty to contribute to permanent change in Qatar Organiser of the 2022 FIFA World Cup. The Supreme Committee for Delivery and Legacy (SC) was created in 2011, and is responsible for planning the tournament on behalf of Qatar. This includes building stadiums and other necessary infrastructure. One aspect of the SC’s responsibility is to ensure that the first World Cup in an Arab country leaves behind the impression of a region characterised by a sustainable economy, education and social development. Immediately after Qatar was awarded the 2022 World Cup, the international trade union movement became involved and issued five specific demands for Qatar’s continued staging of the tournament: 1. Abolition of the kafala system 2. Respect for trade union rights 3. Introduction of a minimum wage 4. Introduction of a mediation service 5. Cooperation with responsible international recruitment agencies The trade union movement’s objective was to bring about permanent change in the entire country, though its initial focus was on cooperation with the World Cup organisers. After more than two years of negotiation, a Memorandum of Understanding (MoU) was signed in November 2016 between the Building and Wood Workers’ International (BWI) and the Supreme Committee (SC) organising the competition. The agreement gave the BWI the right to perform health and safety inspections at the building sites. BWI’s entitlement has gradually been expanded to cover more general labour rights. For a long time, FIFA’s view was that they had no responsibility for working conditions during the construction of stadiums in host countries. The turning point came in 2015, when a complaint was filed against FIFA in Switzerland, under the OECD’s established grievance procedure, citing abuse of migrant workers’ rights in Qatar. This is an example of how FIFA’s policies have been altered in several key areas following external pressure. 9
In January 2020, FIFA and the competition organiser in Qatar, World Cup Qatar 2022 LLC (Q22), launched a joint plan to prevent human and labour rights abuses before, during and after the 2022 World Cup. Under this plan, FIFA will ask critical questions, while the SC and Q22 are the entities that will actively implement the policies by setting standards for suppliers, as well as monitoring and dealing with non-compliant working conditions. An important part of the plan is the mapping of risks relating to various deliveries to the 2022 World Cup. In the Commission’s opinion, FIFA has taken too little responsibility for the conditions experienced by the workers in Qatar, including those workers directly involved in the construction of the stadiums. Despite the fact that FIFA is responsible for the tournament, there are grounds to question the extent to which the positive changes made on behalf of migrant workers can be ascribed to FIFA. Instead, changes seem to have occurred primarily at the initiative of the Supreme Committee in Qatar following pressure from the international community. The Commission finds it extremely unfortunate that NFF’s senior leadership endorsed the award to Qatar in 2010, and that it was not until 2013 that NFF first expressed concern about the lack of respect for human and labour rights in Qatar. The Commission wishes to underline that although the resolution passed by NFF’s governing board in 2016 concerning collaboration with the Norwegian Confederation of Trade Unions (LO) and the Norwegian Ministry of Foreign Affairs in order to influence migrant workers’ conditions was important, it came too late. The Commission also considers that NFF could and should have been clearer in its demands to FIFA. The strategy of working closely with Nordic counterparts to exploit the contacts others have with UEFA and FIFA was correct, but also showed that NFF has not given priority to building its own relationships and positions in the past decade. The Commission considers that NFF, both in conjunction with its Nordic counterparts and in its own clear voice, must demand that FIFA works actively vis-à-vis the authorities in Qatar to oblige them to implement, continue and expand the reforms after the World Cup. This will also be important if the positive development in Qatar is to continue to have a ripple effect in the region, as several of the Commission’s interviewees have pointed out. To succeed in permanently strengthening human and labour rights, FIFA must contribute actively in a broad and unified engagement with various international actors, such as Amnesty, the international trade union movement, the UN and the business community. The Commission recommends that NFF: • Immediately contacts FIFA when it learns of serious new incidents in Qatar, to request that FIFA exerts its influence with the Supreme Committee and the authorities in Qatar to achieve the fastest possible change. • Asks that FIFA works vis-à-vis the authorities in Qatar to establish enhanced inspection mechanisms to quickly identify and stop the abuse of workers. • Works to persuade FIFA to demand that the authorities in Qatar improve migrant workers’ legal protection through mechanisms that ensure abusive employers are held to account. • Challenges FIFA to take further steps to ensure respect for workers’ right to unionise. • Supports the start-up of a resource centre for migrant workers, which is currently being established, by contributing initial capital. NFF should strongly encourage FIFA to do the same. • Demands that FIFA take an active role in helping to ensure that workers engaged in the construction of stadiums and other World Cup-related infrastructure in Qatar receive what they are entitled to. This means, for example, that FIFA must be kept informed by the Supreme Council of any non-conformances, and must follow up the Supreme Committee’s activities with respect to the workers concerned. • Asks FIFA to demand a guarantee from the authorities in Qatar that members of the free press will be allowed to enter the country and access the facilities before, during and after the World Cup. This is particularly important to verify the quality of the information and follow-up of conditions in the country, and involves easy access to a visa for any journalist who wants one. • Demands that the authorities in Qatar implement adequate measures to ensure that members of the LGBQTI+ community feel welcome and safe as participants or guests during the World Cup. 10
NFF must work for permanent change within FIFA The principle of due diligence Since companies often have a huge impact on people’s lives, standards have been established at the international level for companies’ responsibilities with respect to human rights. In 1999, the UN Global Compact was established. This sets out a number of key principles for companies’ ethical responsibilities, which companies can choose to endorse. The UN and the OECD (which are two intergovernmental organisations) have subsequently established a shared framework for how companies (like FIFA) should work to ensure that they do not cause or contribute to human rights abuses, including labour rights violations. The methodology, which is internationally recognised, builds on the principle of due diligence, and involves a continuous process containing five elements: establish a policy; perform a risk assessment to identify where in the organisation the risk of serious abuses is greatest; ensure compliance and that incidents that have occurred are dealt with; appoint someone in the company to be explicitly responsible for this area; ensure that measures and processes are working through regular follow-up. Reports must also be submitted internally to the board, while external reporting must describe how the organisation addresses risk, which risks have been identified and how they are dealt with. The process is dynamic, in that all the phases are interlinked, with changes being made when failings are discovered, and the changes subsequently reported. FIFA’s criteria for awarding championship competitions have been modified since Qatar was awarded the World Cup in 2010 (See the section on “sports-washing” in Chapter 5 below). In FIFA’s assessment of Qatar’s application in 2010, neither human rights nor the risk of human rights abuses was adequately addressed. At that time, the issue was not on FIFA or Qatar’s radar. In 2017, FIFA adopted a human rights policy. It is ambitious and builds on the due diligence methodology recommended by the OECD and UN. The policy has been adopted at the highest level in FIFA and states that human rights must be an integral part of all processes within FIFA through risk assessment and follow-up, and that internal structures to ensures this happens will be established. Furthermore, human rights has become a fixed agenda item for the annual FIFA Congress. Despite FIFA having an established policy and award criteria that protect human and labour rights, it has subsequently awarded other FIFA-related championships without making any demands. It is important that FIFA, in its future practice, demonstrates a willingness and an ability to implement these changes. One of FIFA’s most operative measures is that it had an independent Human Rights Advisory Committee in the period 2017–2020. The committee’s mandate was to work to strengthen FIFA’s efforts to secure respect for human rights. The now defunct committee comprised eight experts on human rights, labour rights, the protection of children in sports and the fight against corruption. Committee members were drawn from the UN, trade unions, academia, civil society and business. The committee published its final report in February 2021, in which it concluded that FIFA had initiated many important measures during the four-year period. The committee disclosed that FIFA had acted on 60 per cent of its recommendations and that 40 per cent are, completely or partly, in the process of being initiated. However, the committee also made several criticisms, including the fact that FIFA had not included human rights requirements in the award criteria for all championship competitions, but only for the award of the for men’s and women’s World Cup. The committee also said that even though FIFA has achieved much in Qatar, there is still a considerable risk of serious human rights abuses, particularly against migrant workers in the construction sector and other sectors linked to the World Cup, such as hotel operations, but also with respect to protecting the rights of ticket-holders and other visitors during the World Cup itself. With respect to the situation facing workers in Qatar, the committee considers that it takes far too long to give workers the help they need when abusive conditions are discovered. FIFA should therefore take a more active role to change this. The Commission would like to point out that even though FIFA has made important changes to the award criteria and adopted a human rights policy, they have done too little to ensure that these new standards have any kind of retroactive effect. FIFA should have assumed a far greater responsibility for ensuring that all migrant workers directly or indirectly associated with the World Cup preparations receive what they are entitled to. Nor, in the Commission’s opinion, has FIFA used the opportunities the competition affords to make unqualified demands that the authorities in Qatar fully implement the adopted reforms for the benefit of all the migrant workers in the country. 11
The Commission expects that NFF will: • Demand that FIFA incorporate a permanent, independent human rights committee as a key part of the FIFA organisation, with members nominated by internationally recognised human rights organisations and other relevant and independent actors, such as the UN, trade unions, academia, civil society and the business community. • Work actively to ensure FIFA establishes a system to ensure transparency and independence in connection with nominations to all independent bodies in FIFA. 5. How NFF can combat sports-washing in football Sports-washing The term “sports-washing” is used when a state organises, sponsors or takes ownership of high-profile sporting events or sports organisations for the purpose of diverting attention away from conditions for which that same state has been heavily criticised. Sports-washing is a tactic that has been and is still used particularly by states that commit or permit human rights abuses or crimes against humanity. According to Amnesty, sports-washing is really a PR campaign to enhance the country’s international reputation. An important way of preventing sports-washing is to establish good criteria for the award of championships, as well as procedures to ensure the criteria are applied. FIFA has listed a great many criteria that countries seeking to host championships must address. The criteria cover, for example, infrastructure, arena facilities and training camps, as well as guarantees relating to security, financial matters, etc, from all governing levels. The award criteria contained no items specifically relating to human rights until May 2016. In other words, the championship that was eventually awarded to Mexico/USA/Canada was the first in which weight was given to human rights. In 2016, FIFA decided to include an article on human rights in its Statutes, and announced that human rights would be integrated into the award criteria for the 2026 World Cup. Applications to host major championships must therefore now contain an independent report on the applicant country’s human rights situation, with an assessment of risk, a description of how stakeholders’ views have been taken into account when preparing the report, and a plan for how human rights challenges in the country concerned will be handled with the approval of its governing authorities. The human rights aspects detailed in the application documents will then be assessed by an independent third-party before FIFA’s members proceed to a vote. In connection with the 2018 award of the World Cup to Canada/Mexico/USA, these procedures were followed, and the process showed that the criteria and the intention to carry out a transparent assessment of the applicant countries’ human rights status worked as intended. The Commission considers that FIFA’s award of the FIFA Club World Cup to China in 2019 shows the importance of applying the award criteria and procedures adopted for the World Cup to other types of FIFA-related competitions. FIFA has argued that the short time they had available in connection with the 2019 award meant that they had to “modernise” the award process through a simplified and accelerated procedure, where they involved a number of potential “host member associations” before they concluded by proposing the Chinese Football Association to the FIFA Council meeting. Nevertheless, FIFA claims that they are retaining human rights requirements both in the award and execution of FIFA championship competitions, and always expect host countries to guarantee and pledge to uphold human rights in their tournament-related activities in accordance with internationally recognised human rights standards and FIFA’s own human rights policy. The Commission points to FIFA’s independent human rights committee which, in its 2020 report, sharply criticised the fact that FIFA did not apply the award criteria demanding documentation of the potential host country’s human rights situation when it awarded the Club World Cup to China in 2019. The Commission therefore considers that it is absolutely necessary for the criteria to apply to all types of championship competition under FIFA’s auspices, and that UEFA and the other confederations introduce the same standards. 12
The Commission expects that NFF will: • Demand that FIFA commit to following the procedure and award criteria it adopted in 2016 in the award of all future FIFA-related championships. • Take the initiative to ensure that UEFA’s award criteria and procedures have the same minimum requirements as FIFA. • Obtain a commitment from FIFA confirming that in all future championships they will draw up detailed strategies for the actual execution of the championship. While the award criteria and policy have been made permanent in FIFA, the framework for the actual execution applies only to the World Cup in Qatar. • Work to ensure that future awards are withdrawn if the host country has not met FIFA’s specific change requirements within a specific timeframe. • Demand that all championships are predicated on members of the free press being granted entry to the country and access to the facilities before, during and after the competition. This must also include Club World Cups that have already been awarded. • Demand that FIFA issues quarterly reports to all football associations about the preparations for the competition in Qatar, with clear performance indicators. • Ensure that FIFA’s rules relating to human rights requirements when awarding championships are complied with in connection with all votes at the FIFA Congress, and that no championship is awarded outside this regime. • Invite the Norwegian Olympic and Paralympic Committee and Confederation of Sports to engage in an inclusive process to agree on how we can jointly build and rebuild trust in sport’s international ethical foundations through tangible steps and measures to prevent sports-washing and help to strengthen human rights. This also means that members of the free press must have access to all championships and Olympic Games. 6. Need to strengthen NFF’s platform for working with human rights FIFA/UEFA FIFA is currently made up of 211 different associations, which are all entitled to attend and vote at the annual FIFA Congress, FIFA’s highest decision-making body. The FIFA Council comprises the president and 36 members. FIFA also has a number of different committees, the majority of which are appointed by the FIFA Council, and where geographic representation plays an important role. While FIFA’s president is elected directly by the FIFA Congress, the other members of the Council are appointed by the six different confederations. UEFA is the largest confederation, with seven members on the FIFA Council. The most effective way for European football associations to attempt to influence FIFA is through UEFA. At the same time, the confederations have a large degree of autonomy and are, among other things, responsible for the World Cup qualifying competitions. In its work and strategy, NFF focuses internationally on practical human rights activities, particularly the right of women and girls to participate in football. The Commission finds that there is remarkably little focus on human and labour rights in general in the work NFF does, despite the wide international network that Norwegian football is part of. There is a considerable risk that national teams and clubs play matches or hold training camps in countries where there are serious human rights challenges. It is therefore astonishing that NFF does not seem to have a stronger focus on due diligence methodology and risk analysis. The Commission considers that NFF has a particular responsibility to raise awareness and ensure good routines among all actors in Norwegian football, but that membership of FIFA also conveys an obligation to work actively vis-à-vis UEFA and FIFA. Norwegian football’s efforts to boost respect for human rights must permeate all levels in the organisation, but the greatest responsibility lies with its leadership. This leadership responsibility means building a clear institutional platform for this type of value-related issues. The NFF’s current strategy contains a chapter entitled “Norway 13
will influence football’s development internationally”, in which it states that Norway wishes to play a role in the development of international football. The importance of promoting the status of women’s football and preventing any further widening of the gap between the clubs/countries with the greatest resources and the smaller leagues/ nations is particularly highlighted. The Commission will recommend that the strategy plan more clearly describes Norway’s ambitions as a standard-bearer for human rights, but also equality in football, as well as the fight against corruption. Such a goal will have considerable legitimacy given the decades-long efforts NFF has made in the area of development cooperation and women’s right to participate in the Middle East, North Africa, Southeast Asia and the Balkans. The inclusion of human rights activities in the strategy will be an important factor in raising Norwegian football’s awareness and ensuring that the governing board and Annual Congress regularly discuss these kinds of issues. It is unfortunate that at the many Annual Congresses since 2010, Qatar is mentioned only twice, and only once at the initiative of the governing board. The Commission considers that NFF’s leadership should in future have to have a stronger focus on how it can give Norwegian football interests greater impact in UEFA and FIFA both by giving higher priority to its own international participation and through strategic alliances with other associations. FIFA’s committee structure is extensive, with many committees comprising representatives from associations worldwide. NFF does not currently have a single member on any of FIFA’s decision-making committees and bodies. NFF currently has seven representatives on different UEFA committees. It is worth noting that six of these are men. The Commission considers that NFF should mobilise to obtain political appointments and positions in both UEFA and FIFA, in order to gain acceptance for Norwegian football’s interests, as well as secure a correct balance among the holders of all international offices. It is today’s practice for the NFF’s governing board to nominate representatives to the various international committees. A mentoring and training programme should be established, which can prepare candidates for membership of international bodies, including adequate training in how best to promote the human rights perspective. It must be an explicit objective to obtain positions in UEFA/FIFA, and there must be a specific goal relating to the proportion of women on international committees and subcommittees. In the Commission’s view the Nomination Committee must prioritise the proposal of candidates to NFF’s governing board with international competence, who can represent NFF internationally and promote Norwegian football’s interests. The top clubs should have similar ambitions and goals with respect to international influence in both the men’s and the women’s game. The Commission further recommends that today’s procedures for NFF’s decision to support host countries be made known, reviewed and, if necessary, revised. A good argument can be made for a broader, democratic process involving the entire Norwegian football organisation before this type of choice is made. Clear procedures and transparency surrounding the decision will help raise awareness of and strengthen the importance of the choice of host venue, and a thorough process and broad support will also give Norwegian football leaders a clearer mandate in their dialogue with FIFA and FIFA’s members. If Norway’s efforts to influence FIFA, UEFA and other associations are to have legitimacy and be successful, the Commission believes it is necessary to start with ourselves. Norway is seen as having a strong value platform and a wide-ranging humanitarian engagement, with support from the country’s Foreign Ministry. However, we have very few guidelines for how Norwegian football, its associations, leagues, clubs and leaders, ought to address issues relating to human rights. Agreement on a platform that Norway’s entire footballing community can get behind would be extremely valuable. The Commission therefore proposes that a broadly encompassing committee be set up in the autumn of 2021 to propose an entirely new set of guidelines or “Code of Conduct”, which will address the issues and dilemmas Norwegian football encounters in the area of human rights. Such a policy document should be presented to the NFF’s Annual Congress in 2022, and must be seen in light of the similar work that the Norwegian Olympic and Paralympic Committee and Confederation of Sports is carrying out. The Commission will also recommend a review of the Ethics Committee’s mandate and function, with an emphasis on how its real independence can be enhanced. According to its mandate, the committee shall be an autonomous and independent body, appointed by and reporting to NFF’s Annual Congress. This is important to secure institutional learning on the part of football’s highest decision-making body. The Commission recommends that the Ethics Committee be given greater authority. This means having responsibility for verifying that the measures adopted by NFF’s Annual Congress with a view to strengthening the organisation’s human rights activities are actually carried out. Such a responsibility includes reporting on developments in Qatar, based on the 14
assessments of international trade union and human rights organisations. It will also include reporting on NFF’s efforts to implement all the decisions taken by the Extraordinary Congress. Reports should be made to all Annual Congresses and in writing between Congresses. This will require the Ethics Committee to increase its capacity and competence. The Commission will therefore recommend that NFF’s Extraordinary Congress resolve to increase the committee’s membership and that the governing board ensures that the committee has sufficient administrative resources to accomplish its work. In line with NFF’s general principle of transparency, the committee should have the opportunity to speak freely to the media, as well as publish meeting agendas and those parts of the minutes it feels should be made available to the wider Norwegian footballing community. Operating sustainably means taking responsibility for human and labour rights, the climate/environment and anti-corruption activities. By continuing its work under the UN’s Guiding Principles on Business and Human Rights, as well as endorsing the UN Global Compact (UNGC), FIFA will commit to including the ten UNGC principles in its own strategies and action plans. FIFA can report on its efforts within these areas annually through the UNGC. This will necessitate clear commitments and transparency with regard to their implementation, and FIFA will set a positive example for other organisations and business entities. The Commission expects that NFF will: • Make more explicit in NFF’s strategy that respect for human rights is a key aspect of Norwegian football’s international interests. • Draw up a strategy for how Norwegian football can strengthen its participation and influence in international forums and committees, in order to gain acceptance for Norwegian football’s adopted priorities, particularly efforts to promote human rights, participation and equality, and to combat sports- washing and corruption. • Review Norwegian football’s procedures for deciding which candidate to host championship competitions NFF should support. • Establish a committee to propose guidelines for how Norwegian football should address human rights issues. Reviews the Ethics Committee’s mandate and function, and give the committee responsibility for verifying the implementation of the measures adopted by the Annual Congress to strengthen NFF’s human rights activities. This means reporting to the Annual Congress on the status of implementation, initially at the Annual Congress in 2022. To ensure that the Ethics Committee has sufficient capacity and competence to undertake these additional tasks, the Commission urges the Extraordinary Congress to consider a resolution to expand the committee’s membership. • Become a member of the UN Global Compact and work to get FIFA to do the same. • Ensure that NFF acts as a “responsible consumer” in connection with Norwegian participation in international events by choosing suppliers who can demonstrate that they are working actively to avoid involvement in gross human rights and/or labour rights abuses. • Introduce procedures to offer players and support staff linked to national and club teams a thorough introduction to the human rights situations prevailing in the countries they are going to visit, to build trust and pave the way for informed, individual choices concerning, for example, the exercise of free speech. • Report to each Annual Congress on human rights activities in general and the follow up of the specific human rights-related measures adopted by the Annual Congress in particular. 15
You can also read