By Jeff Najjar
Sports remains
one of the most popular recreational activities in the world and generates
annual revenues of more than $145 billion. Corruption
in sports is not a new phenomenon, with match-fixing, illegal transfer of players, money laundering, and rigged construction contracts for
stadiums and international tournaments
commonly occurring in international sports. However, the recent indictments of nine
current and former Federation International de Football Association (FIFA)
officials on charges of racketeering and money laundering have brought the
systemic culture of corruption in global sport bodies to the forefront of
international attention.
The FIFA scandal
is not unique in international sports corruption. For example, the leadership of the FIVB—which
oversees international volleyball—has faced years of corruption allegations.
Additionally, the International Wrestling Federation (IWF) and the organizations that govern
international handball and cycling have faced similar
allegations of corruption. Although international efforts to combat corruption
have made substantial progress, international sports bodies reside within a global governance void that falls outside the scope of current
international anti-corruption regimes.
International
and domestic sporting events are big business.
For instance, the Sochi Winter Olympics were estimated to have cost $51 billion. However,
sports organizations are commonly afforded “non-profit” or “non-governmental
organization” status in many jurisdictions. The
non-profit or non-governmental status allows organizations such as FIFA to
operate with minimal effective external oversight. The lack of effective external enforcement is
facilitated by countries such as Switzerland and the United Arab Emirates,
which have historically afforded organizations favorable tax breaks and legal
status. Despite occasional threats by Swiss
politicians to increase
efforts to eliminate corruption, there has been little substantive change in
preventing corruption until the most recent indictments of the nine current and
former FIFA officials. Despite the lack
of accountability, corrupt organizations such as FIFA can be reformed in a
similar fashion to how the global community responded to the doping scandal
with the Tour de France.
In 1998, the
Tour de France was marred by a doping scandal, known as the Festina affair, when the winning team was found with
banned steroids, syringes, and other doping related products and
paraphernalia. The Festina team’s
director, doctor, and nine riders were all arrested. At the same time, the International Olympic
Committee (IOC) was involved with a scandal over bribes given by the Salt Lake City organizing
committee, which had been awarded the 2002 Winter Games. Although the Festina affair had raised global
awareness toward scandals and corruption in sports, the institution best
situated to respond to the doping scandal was itself ironically involved in a
bribery scandal. Therefore, reform had to come from another source.
The global governance void in this particular scandal was filled by the
creation of the World Anti-Doping Agency (WADA), which is co-governed by sports
organizations and governments. WADA
became part of international law when it was formalized under the international
treaty, the United Nations Education, Scientific, and Cultural Organization in
2005. More than 170 nations are party to
the treaty, including the United States and have become widely successful as a global governance regime.
International
authorities can address situations such as the FIFA scandal by using a similar
approach. A treaty framework can
establish cooperative and coordinated international policies to combat
corruption in sports that allows countries to engage in shared approaches to
investigations and sanctions. The success of this cooperative approach has
recently been demonstrated by the joint efforts of U.S. and Swiss authorities
in prosecuting FIFA officials. Moreover,
this cooperative model can be strengthened through the establishment of a
reform mechanism to fill the global governance void, such as the creation of an
international agency like WADA.
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