PSB constitution may open doors to confrontation between stakeholders

ISLAMABAD: As the Pakistan Sports Board (PSB) has convened a seminar for tomorrow (Friday) to discuss the newly-formulated sports policy 2024-2029, the Board’s invitation to departments and federations did not mention any discussion or deliberation on the controversial constitution recently approved by the Board and awaiting approval of the Cabinet.

Unlike the sports policy that does not have any controversial clause, the PSB’s Constitution passed by the Governing Board is a blunt violation of the agreement reached between the Ministry for Inter-Provincial Coordination (IOC) and International Olympic Committee (IOC) in Lausanne (Switzerland) in 2014. That agreement was reached on the request of the Government of Pakistan that was facing fears of international ban from all sporting events.

The new PSB Constitution (a copy available with ‘The News’) awaiting approval from the Federal Cabinet has several controversial clauses. These include Clause (x) “national team” means any team representing Pakistan in any sports event or tournament, held either within or outside Pakistan, and is recognised by the Board. That means the team will be genuine which gets the PSB’s backing. Fact of the matter is that it is the sole responsibility of the respective federation to select the team for any international event. The new constitution gives unlimited powers to the PSB to control the federations and that is in direct violation of the IOC Charter protected by the United Nations.

Functions of the Board of Governors in the new constitution are: To regulate affiliation of national sports federations while determining criteria, conditions and fee for the grant of such affiliation and monitoring the functioning by making regulations and provisions for admission, affiliation, monitoring and control of affiliated sports federations; to make codes of conduct/guidelines relating to, including but not limited to, efficiency and discipline and other issues involving sports, on and off the field, and to take measures for their

implementation amongst its affiliated national sports federation, sports organizations and persons. The PSB has also taken over the position as selectors and managers of the sports federations. It will be the PSB and not the international body that will formulate the federation’s constitution.

Powers and duties of the PSB include: To regulate, through rules, the selection and composition of national teams and their officials for participation in sports events and other sports competitions both within and outside Pakistan; to affiliate, recognise, assist and guide the national games and sports organizations in executing their programmes of sports activities, provided that no sports organisation would be affiliated with the Board unless its constitution is in conformity with the model constitution to be provided by the Board;

Provided further that the sports organisation which is not affiliated with Pakistan Sports Board shall not use the word Pakistan with its name; Provided also that no athlete or team of any national sports federations, sport organization, association or club shall travel abroad without permission of the PSB Board.

The PSB will also appoint an election commissioner to conduct federations’ elections. The concept of appointing adjudicators to settle federations and athletes’ matters has also been revived; To appoint the election commissioner and determine his terms and conditions of appointment; To appoint the adjudicators and determine his/their terms and conditions of appointment.

Article 16 of the PSB’s new constitution says that the election commissioner shall have the authority to issue guidelines and directives to ensure fair and transparent elections.

In case an ad-hoc committee has been appointed by the respective international body for running the affairs of the sports federation, the international body shall devise a mechanism for holding of the elections of that federation expeditiously in consultation with the PSB director general.

The election commissioner has been authorized to oversee elections even at a lower level. The election commissioner shall also oversee elections at club, tehsil, district and provincial level under the mechanism approved by the Board.

In yet another blunt violation of international norms protected by IOC Charter, the PSB has been empowered to take over federation’s working which would be direct interference in federations matters.

Clauses identified in Article 21 say: In case of suspension of any sports federation by the Board of Governors, the board of governors shall constitute an interim committee out of the pool of eminent sportspersons, sports administrators and sports managers maintained by the Board to run the affairs of that suspended national sports federation as an interim measure until a complete and full inquiry is completed; In case of adverse findings by the inquiry committee against national sports federation, the office bearers of such national sports federation shall be barred to hold offices in any national sports federation and the suspension of such national sports federation may not be withdrawn; The interim committee constituted under this constitution shall conduct the elections of such national sports federation; The Board shall maintain a panel of adjudicators for resolution of disputes. The panel of adjudicators shall consist of eminent sportspersons including reputable persons from civil society having legal expertise or background of civil service to be assisted by the legal advisor of the Board; Any person or an entity in case of having any dispute, complaint or grievance regarding the working, functioning, performance of the national sports federations affiliated with Pakistan Spots Board or any other sports matter may file a petition in the dispute resolution section of the Board which shall process the said petition and forward the said petition to the President who shall refer

the said petition to the adjudicator from the panel of the adjudicators who shall decide the said petition within thirty days. ‘The News’ has learned that majority of the federations have no clue as to what would be up in store for them in coming days. If the constitution is approved by the federal cabinet in coming days it will open up the doors for yet another confrontation between stakeholders like the one that deprived Pakistan’s participation in international events including the Islamic Games. The fears of international ban only disappeared once the Ministry submitted an undertaking with the IOC in 2014, promising not to intervene in federations’ affairs.