August 4, 2002	Sunday	Jamadi-ul-Awwal 24,1423

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LAHORE, Aug 3: Six clauses of the national Sports Policy-2001 are the basis of contention between the Ministry of Sports and the Pakistan Olympic Association (POA) and the various sports federations of the country.

The policy was announced on Feb 16 2001, but could not be implemented after a lapse of 17 months, due to the opposition of the POA and its affiliated federations.

The national sports federations are apprehensive that the government through this policy will share the autonomous status of the federations and its affiliated units with district sports officer, the provincial sports board, provincial government at the regional level and the Pakistan Sports Board at the national level.

The POA and the national sports federations restricted themselves to the IOC Charter which forbids government pressure or involvement in the National Olympic Committees (NOC) and its affiliated units.

“Under the supreme authority of the IOC, the Olympic movement encompasses organisations, athletes and other persons who agree to be guided by the Olympic Charter.

The criterion for belonging to the Olympic movement is recognition by the IOC. The organisation and management of sport must be controlled by the independent sport organisations recognised as such”, the IOC Charter’s clause 5 stated. Similarly, clause No 29 states “the International sports federation maintains its independence and autonomy in the administration of its sport”.

The Para-2 of the policy instructed that clubs in each sports shall be established in each tehsil on area basis and they must register with the sports officers of the provincial government deputed in tehsil for scrutiny, financial help, utilisation of the government sporting facilities where it is necessary.

Whereas the charter of the IOC directs clearly that management, organisation of sports must be controlled by independent and autonomous sports bodies. Some sub-paras of clauses 5,6,7 and 8 of the policy also provide for the direct intervention of PSB, provincial sports boards and the provincial government in the affairs of the sports federations/associations.

“5. ROLE OF THE PAKISTAN SPORTS Board.

In addition to the tasks already being performed by PSB, it will undertake following tasks to assist in implementation of sports policy-2001:

The POA is mainly opposing the clause-10-b of the policy which prohibits the office-bearers of the national federations and the POA itself from being elected for more than two-terms, each of four years.

In principal this clause is not against the IOC Charter, but the experts declared it against the article-17 of the Constitution of the Islamic Republic of Pakistan.

The IOC Charter under its clause 24 only restricts its president for two terms of four years each.

“The IOC elects, by secret ballot, a president from among its members, for a term of eight years, renewable once for four years. Candidatures are declared three months before the date of the opening of the session at which the election is due to take place”, the IOC’s clause 24 stated.

However, the IOC does not impose this instruction on any of the National Olympic Committee to elect their president according to it.

The experts, however, describe this clause of the policy militates against article-17 of the Constitution.

In their view, article-17 guarantees the right of every citizen to be member of Association for the achievement of some lawful objectives and this right is guaranteed by article-17 of the Constitution and it does not impose any restriction upon the tenure of the members of the Associations.

The right conferred by article-17 of the Constitution has been interpreted by the Supreme Court as including the right to take part in elections and remain in office as long as the office bearers enjoy the confidence of the majority of the members, the expert opined.