The UNESCO Convention Against Doping in Sport - Research Paper Example

Topic: (Question 2) Examine the UNESCO Convention Against Doping in Sport. Which provisions of the Convention would it be the responsibility of Customs to enforce? What legislative changes would need to be made under your existing legislation for your country to comply with the Convention? (If your country is already a party to the Convention, examine the legislative changes that were made to enable you to become a party. Name: Course: Tutor: Date: Abstract In this research paper, the various provisions found in article 8 of the UNESCO Convention against doping in sport are covered. These provisions are mandatory for implementation by all countries that are members of United Nations. Legislative changes that have enabled Australia to become a party to this convention are examined. Introduction The General Conference of the United Nations Educational, Scientific and Cultural Organization, (UNESCO) meeting was held from 3-21 October 2005 in Paris. The main aim of the UNESCO is to contribute to peace and security by endorsing collaboration among states via education, science and culture (Angela & Anne, 2006). Sport play vital role in the fortification of health, morals, culture and physical education promotion of international understanding and peace. Thus there is need to encourage and coordinate international cooperation towards the elimination of doping in sports. It was also concerned about the use of doping by athletes in sports and the consequences thereof for health, fair play principle, and the eradication of cheating and the future of sport. The convention was mindful that doping endangers the educational values as well as ethical principles embodied in the International Charter of Physical Education and Sports of UNESCO and in the Olympic Charter. It was also aware of the ongoing need to conduct and promote research with the objective of perking up detection of doping and improve understanding of the factors influencing use in order to make preventive strategies more effective and was also aware of the importance of ongoing education of athletes, athlete aid personnel and the society at large in averting doping, putting in mind of the need to build the capacity of States Parties to in order to implement anti-doping programmes (Georg, 2004). Aware of those public authorities and the organizations responsible for sports have complementary responsibilities to prevent and combat doping in sports, notably to ensure the proper conduct, on the basis of the fair play principle, of sports proceedings and to protect the health of the participants. It also recognizes the fact that authorities and organizations must work together for these purposes, while ensuring highest degree of independence and transparency at all appropriate levels, while determining to take additional and sturdier cooperative action aimed at the eradicating of doping in sports. Governments play a vital role in the fight against doping in sport, but governments cannot act alone, and need to coordinate efforts with sport to ensure success. Sport can work in partnership with the Australian Sports. Anti-Doping Authority (ASADA) to drive robust anti-doping programs, sanction cheaters, educate athletes and athlete support personnel about the dangers and consequences of doping, and collect important information on doping risks and trends. It also recognizes that the elimination of doping in sports is reliant in part upon continuous harmonization of anti-doping standards and habits in sport and collaboration at the countrywide and global levels. This Convention was adopted on 19th October 2005. In order to achieve the objectives of the convention one must abide by the obligations contained in this convention, each state party undertakes to adopt appropriate measures. Some of those measures may comprise legislation, regulation, policies or directorial practices (Singh, 2011). “Doping in sport” means an incident of an anti-doping rule violation (Detlef & Peter, 2010). Doping in sport mainly involves the use of substances or methods that artificially enhance athletic performance. Although doping is not a new phenomenon, policymakers remain concerned about the health effects and ethical implications associated with the continued use of performance-enhancing substances in competitive sports. Anti-doping rules have been in place for various sports and in various countries since 1920s, but many claim that the enforcement of anti-doping rules is fundamentally limited by a lack of uniform standards across sports and countries (Singh, 2011). The UNESCO Convention against doping in Sport is the most recent response to such criticism. It seeks to harmonize anti-doping commitments for sport. Eighty-seven states are parties, to the Convention as of 4th, July 2008 (Detlef & Peter, 2010). Treaty Commitments in the Convention against doping in Sport States Parties to the Convention are required to harmonize national laws, regulations, policies, and administrative practices with the principles of the Code (David, 1986). This includes: restricting availability of prohibited substances or methods, applying WADA’s standards for granting therapeutic use exemptions, funding domestic anti doping test programs (David, 1986). By applying sanctions to doping violators and withholding monetary support from athletes and athlete support personnel found committing an anti-doping rule violation, or from sporting organizations that are not adhering to the Code (David, 1986). Also, by promoting anti-doping research and education by facilitating international anti-doping cooperation by funding WADA activities. Finally encourage producers and distributors of nutritional supplements to institute best practice in the labeling, marketing and distribution of products which might include prohibited substances (Angela & Anne, 2006). Every two years, States Parties are also required to provide the Conference of Parties with status reports on their compliance with the Convention. States Parties are the sole voting members of the Convention’s Conference of Parties. Statement of the problem Different countries have the problem of relating the aspect of the UNESCO Convention against Doping in sport to their domestic customs legislation. Objective To strengthen your understanding of the application of Conventional International Customs Law under your domestic customs legislation. Methodology To write this research paper I will examine the UNESCO Convention against Doping in Sport and also analyze the Australia national frame work of anti-doping in my country. The following provisions are the responsibility of customs to enforce:- Customs is an agency or bureau in a state responsible for collecting and safeguarding customs tasks and for controlling the movements of goods that consist of animals, transports, personal effects and hazardous or unsafe items in and out of a state. The import or export of a number of goods may be restricted or forbidden as stipulated in the local legislation and regulations, and these rules are enforced by customs agency (Angela & Anne, 2006). These provisions are found in the article 8 of UNESCO Convention against Doping in Sport and they are aimed at hampering the accessibility and use in sport of prohibited or outlawed substances and methods. These requirements consist of: 1. States Parties adopting measures to hamper or restrict the accessibility or availability of outlawed substances and methods in order to control and restrict their use in sport by athletes, and with exemptions of use based upon a therapeutic purpose. These measures are against trafficking to athletes, and measures to control production, movement, importation, distribution and sale. 2. States Parties adopting, or encouraging, the relevant entities within their authority to adopt measures to check and to restrict the use and custody of prohibited or outlawed substances and techniques by athletes in sport, unless the utilization is based upon a therapeutic employment exemption. 3. And ensuring that no measures taken pursuant to this Convention will hinder the availability for rightful purposes of substances and methods otherwise prohibited or controlled in sports (Maxwel, 2009). According to UNESCO Convention Against Doping in Sport the following terms in relation to the above provisions were defined as follows; 1. Utilization or Attempted Use The use of prohibited substances or methods is defined to include the application ingestion, injection or consumption by any means whatsoever. This definition is limited to the physical intake of prohibited substances or employment of prohibited methods and does not seem to contemplate questionable whether circumstantial evidence alone of use or attempted use for example, receipts for the purchase of a prohibited substance-would provide an adequate basis for sanctions under the Code. 2. Possession. The term possession, as used in the Code, includes actual physical possession or constructive possession of a prohibited substance or substances. The official Comment establishes that steroids found in an athlete's car or home medicine cabinet under the joint control of an athlete and spouse would constitute prima facie violations of the Code 3. Trafficking. One might suppose that trafficking in a prohibited substance or method would be the most obvious basis for proving a violation of the Code in the absence of analytic proof from a laboratory. Surprisingly, however, the term is defined restrictively as an activity to vend, provide, administer, ship, send, deliver or dispense [an agent] to an athlete either directly or through one or more third parties (David, 1986). Legislative changes that were made to enable Australia to become a party In order to achieve the objectives of the convention one must abide by the obligations contained in this Convention, each state party undertakes to adopt appropriate measures. The measures to be taken may include legislation, regulation, policies or administrative practices. My country is already a party to the Convention (Singh, 2011). There were legislative changes that were made to enable us to become a party. Under the Australian Sports Anti-Doping Authority Act 2006 (ASADA) legislation, ASADA has the power to conduct comprehensive investigations into allegations of doping in Australian sport (Singh, 2011). The legislation also provides for the exchange of sensitive information between ASADA, the Australian Customs and Border Protection Service, the Australian Federal Police and the State and Territory Police Forces (Singh, 2011). In order to become a party of the convention various legislative changes were made in terms of roles and responsibilities to various departments and commissions (Singh, 2011). Department of the Prime Minister and Cabinet (DPMC) The DPMC was made to provide policy advice on sport issues and initiatives that complement the activities of other relevant agencies and authorities, including the Australian Sports Anti-Doping Authority (ASADA) and the Australian Sports Commission (ASC) (Angela & Anne, 2006). DPMC was also given the responsibility of administering the Australian Sports Anti-Doping Authority Act 2006 (the ASADA Act). Concerning the International Convention against Doping in Sport (the UNESCO Convention), the DPMC was give legislative responsibility by the Australian Government where it was required to work in partnership with other government bodies, like the State and Territory Governments, to meet the set obligations (Singh, 2011). DPMC was also given a legislative responsibility to administer the Sport Anti-Doping Program. The Program provides funding for Australia’s international anti-doping commitments and the Anti-Doping Research Program (ADRP) (Maxwel, 2009).  The ADRP was to provide funding to academic and scientific organisations to undertake anti-doping research to improve the analytical capability for detecting the use of prohibited substances or prohibited methods in sport, and to help develop practical doping prevention strategies (Maxwel, 2009). Australian Sports Anti-Doping Authority (ASADA) ASADA made to be the key implementation agency for Australia’s anti-doping program. Under its legislation, in order to control doping, ASADA was given the following responsibilities: education; investigation of potential anti-doping rule violations (ADRVs); presentation of cases at hearings, and Monitoring the compliance of National Sporting Organisations (NSOs) with the Code and the ASADA legislation. ASADA’s legislation was also able to provide for the establishment of the following: Anti-Doping Rule Violation Panel (ADRVP) The ADRVP was established on 1 January 2010 and was given the responsibility of making decisions about possible ADRVs and making recommendations about the consequences of its decisions, including possible sanctions, while maintaining a register of its findings. Australian Sports Drug Medical Advisory Committee (ASDMAC) The Australian Sports Drug Medical Advisory Committee (ASDMAC) was also enacted. As required under the Code, the ASDMAC its main purpose was to consider, and where appropriate approve, applications by athletes for the justifiable beneficial use of a prohibited substance. Both the ADRVP and the ASDMAC have exercised their specific powers and functions independently from the broader anti-doping activities carried out by ASADA. Australian Sports Commission (ASC) The Australian Sports Commission (ASC) was enacted, the ASC’s was given the following roles and responsibilities in relation to anti-doping (Detlef & Peter, 2010): determine whether to withhold some or all recognition, funding and servicing to its recognised and funded NSOs that are not in compliance with the ASC’s terms and conditions of funding, based on consideration made by of ASADA about NSO compliance, enforce appropriate sanctions resulting from an ADRV with respect to Australian Institute of Sport (AIS) athletes and other persons bound by the ASC Anti-Doping Policy (such as Australian Government Sport Training Grant recipients); assist and liaise with ASADA and other anti-doping organisations in relation to the conduct of any investigation and/or hearing into an ADRV; and Develop and implement, in consultation with ASADA, comprehensive programs and education initiatives for AIS scholarship holders and National Talent Identification and Development athletes about pure performance. Other Australian Government agencies There are a number of other Australian Government agencies that have a role to play in anti-doping matters, particularly in investigations of doping allegation in Australian sports, including the National Measurement Institute, the Australian Customs and Border Protection Service, the Therapeutic Goods Administration and the Australian Federal Police (Angela & Anne, 2006). State and Territory Governments State and Territory Governments which were set up have contributed to Australia’s international obligations under the UNESCO Convention and the Code through: committing to the objectives of the National Anti-Doping Framework; expecting state sporting organizations (SSOs) (including state institutes of sport/state academies of sport) to demonstrate compliance with the sports’ anti-doping policy (as approved by ASADA) as a condition of receiving State/Territory funding, contributing to anti-doping education; supporting the enforcement of sanctions resulting from an ADRV, including the appropriate withdrawal of funding for an athlete and/ or athlete support personnel and access to state/territory government facilities (including state institutes of sport/state academies of sport) as provided for by the sanction; supporting cooperation between ASADA and relevant Australian/State Government law enforcement agencies in investigations of potential ADRVs, for example, through bilateral agency agreements; and Encouraging and assisting SSOs to support NSOs to fulfill their anti-doping roles and responsibilities. State and Territory Governments may also test athletes outside the national testing pool where provided for by that jurisdiction’s legislative and resourcing requirements (Georg, 2004). National Sporting Organizations The legislative roles and responsibilities that were given to NSOs: Use of best efforts to assist athletes to fulfill their responsibilities under the NSO’s anti-doping policy, including providing accurate athlete contact information; Provision of support and assistance to anti-doping organizations, including ASADA, with an aim of conducting doping control while providing information relating to Registered Testing Pools as requested; Development and implementation of legislative roles, in consultation with ASADA and the relevant International Federation, drug education and information programs for athletes and athlete support personnel; Implementation and promotion of anti-doping policies and rules as approved by ASADA in accordance with the National Anti-Doping (NAD) Scheme and the relevant International Federation; To ensure that all members in terms of, athletes, athlete support personnel and other persons have access to anti-doping policies, rules or programs which conform with the Code; Provision of assistance, while liaising with ASADA and other anti-doping organizations in relation to the conduction of any investigation or hearing into an alleged ADRV; recognition and enforcement of any sanction applied by the Court of Arbitration for Sport (CAS) or other sporting tribunals in respect of an ADRV; to withhold funding to any person, during any period of his/her prohibition, to any athlete or athlete support person who has committed an ADRV and/or to its members that do not in conform to the Code; and Provision of Monitoring and assisting SSOs to meet their roles and responsibilities under the National Anti-Doping Framework. NSOs, in conjunction with their affiliated State/Regional Sport Organizations, were given the obligation to implement anti-doping measures to the degree required by their respective International Federation. NSOs were also required to acknowledge ASADA’s functions and powers under the ASADA Act and the National Anti-Doping Scheme and cooperate with ASADA in facilitating the execution of those functions and powers as reasonably required by ASADA (Detlef & Peter, 2010). State Sporting Organizations In addition to their obligation to implement anti-doping measures to the extent required by their respective International Federations and NSOs, SSOs. They were also given a legislative role in the education of athletes, particularly junior athletes as to the dangers of doping and their obligations as athletes. Professional Associations Relevant professional associations, For example medical associations, were given a legislative role in developing and implementing codes of conduct, good practices and ethics relating to sport practices which are consistent with the principles of the Code, which includes provisions that encourage governments and the sporting community to work with relevant professional associations to develop such policies. Conclusion The main purpose of the Convention within the UNESCO framework of the strategy and programme of activities in the area of physical education and sports is to promote the prevention and fight against doping in sports, with a view to its elimination. It also recognizes the fact that authorities and organizations must work together for these purposes, while ensuring highest degree of independence and transparency at all appropriate levels, while strengthening the cooperative action aimed at the elimination of doping in sports Governments play a vital role in the fight against doping in sport, but governments cannot act alone, and need to harmonize efforts with sport to ensure success. In Australia, Sport has worked in partnership with the Australian Sports Anti-Doping Authority (ASADA) to drive robust anti-doping programs, sanction cheaters, educate athletes and athlete support personnel about the dangers and consequences of doping; this has enabled it to collect important information on doping risks and trends (David, 1996). Article 8 of the convections provides the provisions that are enforced by the customs. References Angela, J., & Anne, A. (2006). Gene Doping in Sports: the Science and Ethics of Genetically Modified Athletes. London: Elsevier Academic Press. David, R. (1986). Drugs in Sports. New York: Routledge. Detlef, T., & Peter, H. (2010). Doping in Sports. New York: Springer Heidelberg. Georg, A. (2004). European Integration anf Sport:Selected papers on the 1st Conference of the. London: Rutgers University. Maxwel, J. (2009). The Price of Perfection:individualism and Society in the era of Biomedical Enhancement. United States of America: John Hopkins University Press. Singh, J. (2011). United Nations Educational, Scientific, and Cultural Organization (UNESCO). New York: Routledge. Read More