A/HRC/40/51
the existing system appears to be ineffective in dissuading clubs from violating regulations
in force that are supposed to represent a first line of a child protection mechanism.
57.
There has also been a growing practice in some countries wishing to quickly obtain
sporting success at the elite level by getting athletes to change their nationality. This has led
to exploitative situations, notably involving runners. There have been several cases of young
African athletes being offered contracts to become citizens of countries in the Gulf region or
Central Asia. Upon arrival, the contracts are found to be non-existent and the athletes are
regularly exploited.21
58.
In the Middle East, the kafala sponsorship system can place children in vulnerable
situations. Under previous FIFA regulations governing eligibility to play for representative
teams, countries in the Middle East had made use of this system in order not to fall foul of
regulations when recruiting future players to represent their countries. In 2008, the FIFA
rules on eligibility to play for representative teams were changed to prevent countries from
exploiting children and fielding entire teams of foreign-born players.22
59.
The kafala sponsorship system entails a direct tie between the person entering a
country and the employer or sponsor. The inherent power imbalance of the relationship
between the sponsor and the sponsored individual can lead to “restrictions on free movement,
confiscation of passports, delayed or non-payment of salaries, long working hours, untreated
medical needs, and violence”.23
2.
Third party ownership
60.
The question of third party ownership in the context of football has raised grave
human rights concerns. Third party ownership consists of an agreement between football
clubs and third parties (individuals, investment funds, businesses, etc.) to own parts of the
“economic rights” of players. This system gives the parties a real power of control over clubs
and the players, and can have a direct impact on their agency and right to freely decide on
their career choices.24 Generally speaking, even though this system refers to the purchase of
the “economic rights” of players, it commodifies their person and can lead to a relationship
of ownership with the third parties.
61.
The practice first developed in Latin America and reached epidemic proportions. In
Brazil, for example, it is understood that up to 90 per cent of footballers in the First Division
were playing under a third party ownership agreement. 25
62.
The response of FIFA was to ban third party ownership in 2015. Nonetheless, the
practice persists across the world, and FIFA has opened numerous investigations and issued
sanctions against several clubs.26
3.
Sports academies
63.
Closely linked to third party ownership is the development of football academies in
the Global South. The main aim of these academies is to scout very young talent, in some
cases children as young as 10, in order to be able to transfer them to the Global North
following intensive training. Abuses are frequent, with children facing arduous schedules
with little contact with their families, and ultimately having little or no say about their career
choices once they are transferred out of the academies. Big clubs often will use third party
ownership schemes through their ownership of smaller clubs to ensure that they can directly
source young talent from these academies, in direct violation of the FIFA ban. 27
21
22
23
24
25
26
27
M. Kelner, “‘We are treated like sporting slaves’: Ethiopian lifts lid on trade in athletes”, Guardian, 3
August 2017.
FIFA, circular No. 1147 to the members on eligibility to play for representative teams, 18 June 2008.
ILO Regional Office for Arab States, Employer-Migrant Worker Relationships in the Middle East:
Exploring Scope for Internal Labour Market Mobility and Fair Migration (Beirut, 2017), p. 3.
FIFPro, “FIFPro versus third party ownership”, 29 March 2014.
KPMG Associates, Project TPO, 8 August 2013.
See www.fifa.com/governance/news.
Spiegel Online, “How clubs profit by exploiting young African Talent”, 9 November 2018.
9
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