Şike Belâsı ile Etkili Mücadele Kıstasları


In order to foster a culture of good governance at all levels, the 47 member States of the Council of Europe are encouraged to: apply zero-tolerance policy regarding corruption in sport, ensure anti-money laundering and anti-corruption mechanisms, make sure that whistle-blowers benefit from effective protection…

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Better governance in sport

How to promote good governance in sport? In a Recommendation adopted today, the Committee of Ministers invites European governments to take measures, aimed in particular at better fighting corruption in sport.

In order to foster a culture of good governance at all levels, the 47 member States of the Council of Europe are encouraged to:

☛        apply a zero-tolerance policy regarding corruption in sport;

☛        ensure that their national legislation effectively allows for investigation, prosecution and mutual legal assistance in cases of corruption offences in sport;

☛        ensure anti-money laundering and anti-corruption mechanisms are used to prevent and respond to cases in the field of sport;

☛          introduce compliance with good governance principles as criteria for the awarding of public grants to sports organisations and for sports events

☛        encourage the leaders of their national sport movement to comply with and actively promote good governance principles while acting within the framework of international sports organisations;

☛        encourage sports organisations to strengthen transparency and accountability, take good governance measures within their own regulations and procedures, and to achieve a balanced representation in the diversity of their members – including gender equality – within their decision-making processes

☛        encourage co-operation to address any kind of corruption in sport;

☛        prevent conflicts of interest within bodies – public or private – which are in charge of both elite sport performance and sport integrity, particularly as regards the fight against doping and the manipulation of sports competitions;

☛        make sure that whistle-blowers benefit from effective protection.

 

Recommendation CM/Rec(2018)12 of the Committee of Ministers to member States on the promotion of good governance in sport

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage, and of facilitating their economic and social progress;

Having regard to its Recommendations [ No. Rec(92)13-rev ]on the Revised European Sports Charter, [No. Rec(92)14-rev ]on the Revised Code of Sports Ethics, [Rec(2005)8] on the principles of good governance in sport and [CM/Rec(2011)3]on the principle of autonomy of sport in Europe;

Recalling the Criminal Law Convention on Corruption [(1999, ETS No. 173), t]he Civil Law Convention on Corruption [(1999, ETS No. 174),] the Additional Protocol to the Criminal Law Convention on Corruption [(2003, ETS No. 191)] and the Convention on the Manipulation of Sports Competitions [(2014, CETS
No. 215);]

Recalling the 11th Council of Europe Conference of Ministers responsible for Sport [(Athens, Greece, 2008),] which identified corruption as a new challenge to sport;

Having noted the work and conclusions of the 13th Council of Europe Conference of Ministers responsible for Sport [(Macolin/Magglingen, Switzerland, 18 September 2014),]in particular on the risk of corruption in sport, and of the 14th Council of Europe Conference of Ministers responsible for Sport [(Budapest, Hungary, 29 November 2016),]on the theme of better governance in sport through enhanced co-operation between public authorities and sports organisations;

Welcoming the two Resolutions adopted at the 15th Council of Europe Conference of Ministers responsible for Sport [(Tbilisi, Georgia, 16 October 2018)] on “Protecting human rights in sport: obligations and shared responsibilities” and on “Fighting corruption is sport: scaling up action”;

Considering its Recommendation [Rec(2005)8, ]which specifies minimum requirements with regard to the governance of sports organisations and stressing its belief that the consistent application of the principles of good governance in sport would be a significant factor in helping to eradicate corruption and other malpractice in sport;

Considering its Recommendation [CM/Rec(2014)7] on the protection of whistleblowers, stressing the importance of their protection and their role in preventing and identifying offences, and in strengthening democratic accountability and transparency;

Welcoming the national and international initiatives to implement gender mainstreaming in sport in line with its Recommendation [CM/Rec(2015)2] on gender mainstreaming in sport, because gender equality is key to promoting diversity in and through sport, but also to improving sport governance;

Considering Parliamentary Assembly Resolutions [1875 (2012)]“Good governance and ethics in sport”, [2053 (2015)] “The reform of football governance”, [2199 (2018)] “Towards a framework for modern sports governance” and [2200 (2018)]“Good football governance”;

Convinced that the successful implementation of effective good governance policies within sports organisations, including codes of ethics and adherence to international standards, would contribute to the strengthening of their position with respect to governmental authorities and the general public, on the basis of mutual respect and trust;

Having noted that deficiencies in the governance of sports organisations are hindering their capacity to prevent and respond to threats to their integrity, such as corruption, doping and manipulation of sports competitions and are creating an uncertain, unsafe and unfair environment for athletes;

Acknowledging that the legitimacy and autonomy of the sport movement depends on upholding the highest standards of ethical behaviour and good governance;

Acknowledging that public authorities have a key role to play in promoting the implementation of good governance principles;

Being aware that effective prevention of and response to corruption in sport may call for changes in legislation and policies, but also in social attitudes towards corruption in the private sector,

Recommends that the governments of member States facilitate, support and follow up the implementation of good governance in sport, in particular in order to strengthen the fight against corruption in sport and by taking the following steps:

1.            ensure that their national legislation effectively allows for investigation, prosecution and mutual legal assistance, including police and judicial co-operation, in cases of corruption offences in sport;

2.            apply a zero-tolerance policy regarding corruption in sport;

3.            ensure that the competent authorities use the relevant anti-money laundering and anti-corruption provisions and mechanisms to prevent and respond to cases in the field of sport;

4.            monitor directly or indirectly progress towards the implementation of good governance principles by their national sport movement;

5.            consider introducing compliance with good governance principles as criteria for the awarding of public grants to sports organisations and for sports events;

6.            encourage the leaders of their national sport movement to comply with and actively promote good governance principles while acting within the framework of international sports organisations;

7.            encourage sports organisations acting on their territory to:

☛           apply the principles of democracy in their decision-making and operations, and further strengthen their transparency, inclusiveness and democratic ways of functioning, as well as their accountability;

☛           develop and implement appropriate good governance measures within their own regulations and procedures;

☛           foster a good governance culture through educational initiatives;

☛           achieve a balanced representation in the diversity of their members – including gender equality – within their decision-making processes;

☛           co-operate with independent experts reviewing the good governance of sports organisations, where appropriate;

☛           publish the results of any self-assessment on good governance;

☛           establish external evaluations and audit policies, as appropriate;

☛           share information on corrupt practices with law-enforcement authorities;

 

8.            encourage co-operation with all key stakeholders to address any kind of corruption in sport;

9.            prevent conflicts of interest within bodies – public or private – which are in charge of both elite sport performance and sport integrity, particularly as regards the fight against doping and the manipulation of sports competitions;

10.          make sure that whistle-blowers benefit from effective protection, and in particular are covered by national frameworks for protection, as defined in Recommendation [CM/Rec(2014)7]irrespective of their contractual relation with their organisation.

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