Right of reply

I wish to refer to the article on the Sports Law of Sri Lanka under the above mentioned caption published in the Sunday Times of July 19, 2015 in Sunday Musings with S R Pathiravithana.

Whilst appreciating the contents of the said article, we wish to provide some facts and clarifications to the readers of the sports columns in order to enable them to have a complete picture of what is happening with regard to the Sports Law in Sri Lanka They are as follows;

1. The present impasse commenced as a result of the original intrusive amendments brought to bear on the Sports law of 1973, by gazette notification of January 15, 2013, issued by the then Minister, which impinged on the provisions of the universally accepted principles of the Olympic Charter. Although it has been mentioned that inputs of all the sports associations had been taken into consideration, it appears obvious that the principles of the "Olympic Charter" had not been given due regard to in the amendments introduced in January 2013. The main principles of the Olympic Charter, which is a minimum requirement, comprises " the independence of association, respect for volunteerism and transparency and accountability in governance."2. The issue on hand is not about what the National Sports Associations may agree with the Ministry of Sports, but, whether the Sports Law provisions do respect the values and minimum requirements enshrined in the Olympic Charter. What needs to be borne in mind is that different sports are at varying stages of development, some of which are well empowered and some which are not and there are some which are well developed over long years of efforts by their volunteering bodies and some which are in the process of development and or in their nascent stages. Further, there are a few Sports Bodies which have paid CEOs to run their day to day administrations and there are many sports associations who do not enjoy such a privilege. Further, it is only a hand full of National Sports Associations that do get assistance from the Ministry of Sports and many who do not get any assistance at all from the Ministry of Sports. Therefore, Sports in Sri Lanka are in a situation where one size certainly cannot fit all. Hence the reason that the Sports Law that could bring in stringent regulations regarding terms of office of officebearers, is looked upon as an infringement of the independence of association of volunteering associations, particularly those NSAs who do not get any assistance at all from the Ministry of Sports and are run by volunteers who raise funds through their own efforts.

3. It is for that reason that the Ministry of Sports should be seen as playing the function of a body appel- late and not a controlling body of volunteering sports associations. It should play a cooperating role with the relevant National Sports Associations, helping them to monitor their progress and to also play a partnership role with the NSAs in identifying talent in the respective sports and to provide help to obtain whatever sponsorship assistance, as when and where required and as deemed appropriate. This approach becomes even more valid when the Ministry of Sports does not have the strength of financial or human resources to react efficiently to the needs of all the sports being practiced in Sri Lanka.

4. Given the above, any Sports Law provision that impinges on the independence of association, like setting of time limits for office-bearers of volunteering associations will naturally create turmoil and counterproductive situations. The logical and practical thing to do is to set up a completely independent Dispute Resolution Panel (DRP) that can be had recourse to, wherever the situation demands. There are various mechanisms to represent and ensure people’s rights. Even in other situations that require ensuring of people’s rights, there are arbitration procedures and or legal procedures that do ensure it. These do not require direct ministerial interference where many things could also happen under the guise of being a people’s representative.

5. Of course, sports should be developed through a cooperative spirit involving all stake holders and not through control mechanisms. It goes without saying that there should be put in place appropriate checks and balances to ensure governance and the progress and development of the sports right through the years, like talent identification, regular training, competitions and monitoring of progress of the sport . Then, wherever there are situations of stagnation and or inefficiencies, they can be acted upon in a timely and efficient manner through the cooperation of all stakeholders, viz; NSA, NOC, Ministry of Sports and the active participants. Through this cooperative spirit and approach, the minimum requirement of the independence of association, respect for volunteerism and transparency and accountability in governance can be best ensured.

Finally, it is not a "One word pandemonium" as can be simply put, but, it is about a one approach solution to ensuring that the minimum requirements of the Olympic Charter are given due regard to and is respected.

It is to be noted that Dr. Mayya Gunasekera was also a part of the Sri Lanka delegation that met with the International Olympic Committee in Lausanne, which agreed to revamp the Sports Law of Sri Lanka, in keeping with the universally accepted principles of the “Olympic Charter”.

Maxwell De Silva (Secretary General), National Olympic Committee