Sports Law in Developing Countries: Analyzing the unique legal and regulatory challenges sports face in developing countries.

2. Zimbabwe Cricket:

In 2019, the International Cricket Council (ICC) suspended Zimbabwe Cricket due to government interference in its operations. The Zimbabwean government had dismissed the board of directors and appointed its administrators, breaching ICC rules on non-interference.[4] This case underscores the fragility of governance in sports organizations in developing countries and the impact of external political pressures.

3. Kenyan Football Federation (FKF):

The FKF has repeatedly faced allegations of financial mismanagement. In 2021, the Kenyan government disbanded the federation, citing corruption and embezzlement of funds. FIFA responded by suspending Kenya from international football, adversely affecting players and fans.[5] This scenario illustrates how poor governance can lead to broader consequences, including international isolation.

Reform of governance structures would be most important and crucial in order to effectively address the institutional challenges that sports organizations are facing currently in different developing countries all over the world. The adoption of best practices recognized internationally, such as the well-established principles from some leading bodies like the International Olympic Committee (IOC) and FIFA, will significantly improve the transparency and accountability of any operation of a sports organization. Perhaps one of the most important reforms would be the institution of independent oversight mechanisms specifically fashioned to monitor operational activities systematically while putting strict emphasis on adhering to ethical and financial regulations that govern good governance. Mandatory audits and public disclosure of financial records are crucial in controlling corruption and mismanagement. Active involvement of all athletes as well as other interested parties in the various decision-making processes has been a route to making governance more inclusive and also extremely equitable. More importantly, the enforcement of robust sports laws tailored to address a myriad of major issues relating to governance and corruption could provide the basis for solid and sound legal frameworks. This is important because it provides assurance of sports organizations’ integrity but also helps sports bodies enjoy sustainable development that helps all.

FINANCIAL, COMMERCIALIZATION, AND INFRASTRUCTURE ISSUES

A. Challenges in Securing Funding for Sports Initiatives

The greatest challenges facing developing countries’ sports programs in obtaining financial resources are that such governments have budgetary constraints and fluctuations in their economy, and many of the available resources are shared with others. In many countries, a very minute percentage of their national budget is allocated to sports organizations in these countries to handle the more urgent issues, which include education, healthcare, and infrastructure development. For example, India’s budget for sports was never more than 1 percent of national expenditure and such a fact also kept construction and training at their lowest.[6] Private funding through sponsors and international organizations, such as FIFA and the International Olympic Committee, complement governmental allocations and provisions often. Dependence on external sources can be irregular and unpredictable, however. Besides, minor sports projects and community-based systems have difficulties in sourcing sponsorship, especially considering their low profile and minimal market appeal compared to high-profile sporting events. Since this does not equally weigh the scales, such support networks are not adequate for less developed and rural societies.

B.  Legal Implications of Sponsorships, Broadcasting Rights, and Commercialization

In developing countries, commercialization generates quite important legal issues that all pertain to the law of sports. This involves, closely, indirect sources of income such as a sponsor also ends up being engaged in contracts. Altogether, litigation is rife over things like payment delays, contract breaches, and others. By way of example, during the year 2020, there were legal troubles grappled with by the Bangladesh Cricket Board following a brand rights conflict.[7]

Monopolism and scrutiny follow high-value broadcasting apparently as broadcasting rights of important events are liable to fall into such traps. Often, due to heavy legal settings, developing countries cannot make laws and enforce intellectual property for broadcasting rights. It goes under the term signal piracy or a fake replicating the signal altogether, and huge profits become smaller because of such meaningless piracy. Of these, illegal steaming is the one underlined as an example of how, despite all the pledged measures, still passes huge challenges, as shown during the case of the IPL.[8]

Additionally, commercial activities touch on ethical concerns about athletes’ exploitations and legal issues concerning the licensing of athletes. Sometimes, sponsorships are linked to restrictions that are placed on subverting the autonomy of athletes. In a good number of cases, athletes from such countries are paid miserably because there is an inherent deprivation of fairness and equity when compared with athletes anywhere in developed nations.

C.  Infrastructure Development Issues

Infrastructure development is still a challenging issue for sports in developing countries. While building these state-of-art facilities, there are concerns to be addressed, like land acquisition, reasons for delay in construction, and compliance with international standards. Land acquisition for sports infrastructure; most of the time it results in conflicts and valued by people, especially when that acquirement touches, or rather displaces local communities. For example, according to local reports, in Delhi, the construction of Commonwealth Games facilities in 2010 led to public demonstrations due to forced evictions and inadequate compensation to those affected.[9]

PPPs have emerged as a possible solution for sports infrastructure financing and management. However, they are faced with challenges. Such problems can be mismanagement, lack of transparency, and conflicting interests between the public and the private stakeholders involved. For instance, sports stadia development has undergone criticisms for cost overruns and missed deadlines in Kenya when using PPPs.[10]

Compliance with international standards is another challenge. Major international events, such as the Olympic Games or the FIFA World Cup, are held where both the infrastructure and operational requirements are regulated. Yet again, developing countries have difficulties because financial weaknesses, lack of skills, or resources would hinder compliance with those benchmark standards. Noncompliance not only denies local people a chance to host such events but also acts as a barrier to the global competitiveness of local athletes and teams.

ATHLETE RIGHTS AND LABOR ISSUES

A. Lack of Robust Employment Contracts and Welfare Protections

Arrangements emerging legal agreements under which athletes in developing countries foresee themselves often characterize vague terms and leave them vulnerable to exploitation. Many sports organizations fail to provide specific definitions in contracts of employment that clearly spell out salary and wages, incentives, and bargain mechanisms as he or she explains. This oversight could result in late payments, arbitrary terminations, or inadequate insurance coverage in the event of an injury incurred while training or competing. A case in point is complaints by several Nigerian footballers during the year 2021, who staged, for instance, due to delayed payment of employees’ wages, a protest procession against their clubs. Given the apparent neglect of implementation of this system in consideration of the welfare of athletes, it is a challenge that extends to other athletes.[11]

Furthermore, the absence of a social security or pension plan catering to the retirees of former athletes worsens financial insecurity. Athletes retiring in developing countries do not have pensions or social schemes for their retirement years, unlike their colleagues in developed countries. Such conditions leave them struggling with all financial commitments right after their sports careers. Legal frameworks prescribing minimum employment benefits for athletes either remain poor or less enforced, leaving significant gaps in regulation.

B. Issues of Child Labor, Exploitation, and Unfair Treatment

The grim reality of this exploitative environment leads child athletes into endless hours of training, very little or no formal schooling, and the worst living arrangements seen in a very substantial field that is deprived of any form of physical and traditional recreation. Such children are also the most famous breed being trafficked illegally to countries across borders mutilating all the international child security laws.[12]

Abuse is another vice, with young athletes being physically or verbally abused by their coaches and administrators. It is an open secret that there are no effective monitoring systems and, of course, loose application of the law to save children from such things. The 2001 International Labour Organization’s Convention on Worst Forms of Child Labor aims to ban and eliminate the most dangerous forms of child labor including exploitation in sports, but little progress has been made in implementation in developing countries.[13]

C. Gender Disparities and the Role of Law in Ensuring Equality

Gender discrimination in sports grows significantly in developing countries, with female athletes usually facing systemic discrimination regarding financing, facilities, and opportunities. In many cases, male-dominated organizations generally prioritize the male tournament, leaving a female game to be sidelined and mostly under-financed. For example, in India, Varsha cricket will be funded disproportionately compared with latent or wrestling, even though female athletes have begun making their name in these games.[14]

The rules related to gender discrimination in the field of sports are usually weak or not implemented. While international instruments like the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) talk about gender equality, states’ domestic laws hardly spell out those needed provisions against discrimination in sports. Again, there are issues of sexual harassment and exploitation against female athletes that have always been ignored on the grounds of societal stigma and also the unavailability of honest legal means of redress.

ANTI-DOPING AND FAIR PLAY

A. Challenges in Enforcing Anti-Doping Regulations in Developing Countries

Because developing countries cannot currently provide ample money, meager expertise, and weak frameworks on institutions, issues on enforcement of anti-doping regulations in said countries prevail to date. There are vast numbers of failed countries because NADOs struggle to have anti-doping policies that correspond to and comply with global standards required by the WADA Code. Accredited laboratory constructions and sustains, conducting actual testing procedures, and international demands are not cheap for NADOs.[15]

For instance, cultural attitudes toward doping always undermine the efforts of enforcement. Many athletes and coaches lack education on anti-doping rules, or they are made to think that doping is a necessary evil to achieve success in competition. Educational initiatives meant to raise the level of awareness concerning the ethical and health implications of doping are quite insufficient, hence leaving athletes exposed to misinformation and coercion.

B. Institutional and Resource Gaps in Implementing Anti-Doping Measures

Institutional gaps also perpetuate the problem. Most developing countries do not have independent and functional NADOs, which they depend on for anti-doping services that are underfunded and understaffed. Testing programs are not as strong, neither is the training of the anti-doping officials. As of 2020, only a little less than 15% of African countries had WADA-compliant testing laboratories. Samples would be sent outside for analysis and thus delays in getting results as well as cost is increased.[16]

The lack of standard procedures and advanced technology also comprises some factors that affect the enforcement. The best example can be cited when talking about the fact that out-of-competition testing, which is a crucial aspect of an anti-doping campaign, cannot take place in developing countries mainly due to logistical problems and financial troubles. More significantly, the athletes’ biological profiles are not traced over time simply because there exist inadequate good databases and monitoring systems.

EXAMPLES OF DOPING SCANDALS AND THEIR LEGAL IMPLICATIONS

1. Indian Weightlifting Scandal (2006):

In 2006, several Indian weightlifters tested positive for banned substances during international competitions, leading to the suspension of the Indian Weightlifting Federation by the International Weightlifting Federation.[17] This scandal underscored the systemic issues within the Indian sports administration, including insufficient testing and a lack of accountability among coaches and officials.

2. Kenyan Athletics Crisis (2016):

Kenyan athletics has been marred by a series of doping scandals, with over 50 athletes testing positive between 2012 and 2016. The Athletics Integrity Unit (AIU) identified systemic failures, including inadequate testing protocols and a lack of deterrents for doping.[18] Despite Kenya’s reputation for producing world-class athletes, these scandals have tarnished its image and highlighted the urgent need for reform.

3. Nigerian Sprinter Blessing Okagbare (2021):

Blessing Okagbare, a prominent Nigerian sprinter, was suspended just before the Tokyo Olympics for testing positive for human growth hormone. The case revealed gaps in Nigeria’s anti-doping framework, including delayed testing and insufficient education for elite athletes about prohibited substances.[19]

The enforcement of anti-doping regulations in developing countries faces significant institutional and resource challenges. Scandals in nations like India, Kenya, and Nigeria highlight systemic weaknesses that compromise fair play. By strengthening anti-doping frameworks, fostering international collaboration, and promoting education, these countries can address the issue effectively and uphold the integrity of sports.

THE ROLE OF INTERNATIONAL ORGANIZATIONS AND TRADITIONAL SPORTS

A. Influence of FIFA, IOC, and Other International Bodies in Shaping Local Sports Law

International organizations, such as FIFA, the International Olympic Committee (IOC), and the World Anti-Doping Agency (WADA), play a significant role in the development of sports laws in developing countries. These bodies set global standards for governance, ethics, and anti-doping measures, which local sports organizations are required to adopt to maintain membership and eligibility for international competitions.[20]

For example, for instance, FIFA’s statutes require that the national football federations are free of governmental interference. Accordingly, several developing countries have had to amend their sports laws to fit FIFA requirements since failure to adhere to these results in suspension from international competitions.[21] Likewise, the IOC as seen in its Olympic Charter emphasizes anti-discrimination, fair play, and the welfare of athletes which frames national policies.

However, in developing countries, the implementation of these standards often poses challenges due to resource constraints and socio-political factors. International bodies provide technical assistance and funding, but the effectiveness of these initiatives depends on the commitment and capacity of local authorities.

B. Legal and Cultural Considerations in Preserving Traditional and Indigenous Sports

In many developing countries, traditional and indigenous sports are of significant cultural importance because they represent heritage and community identity. Examples include Kabaddi in India, Sepak Takraw in Southeast Asia, and Dambe boxing in Nigeria.[22] However, modern sports such as football and cricket dominate the global scene, relegating traditional games to obscurity. These sports also need legal and cultural interventions to preserve them. The governments and sporting bodies should fund and develop infrastructures for the promotion of Indigenous games and involve these games in the school curriculum. International collaborations like UNESCO Traditional Sports and Games also stress the preservation of intangible cultural heritage.[23] The legal framework should discuss intellectual property so that traditional games like this cannot be commercially exploited without the benefit of local communities. Adopting GI tags could help safeguard the origin of traditional sports and generate economic benefits for its practitioners.

EXAMPLES OF SUCCESSFUL INTERNATIONAL COLLABORATIONS AND RECOGNITION OF TRADITIONAL SPORTS

1. Kabaddi’s Global Recognition:
Kabaddi, a traditional Indian sport, has gained international recognition through events like the Pro Kabaddi League (PKL) and its inclusion in the Asian Games. Collaboration between the Amateur Kabaddi Federation of India (AKFI) and international bodies has boosted the sport’s popularity and ensured standardized rules for global competitions.[24]

2. Sepak Takraw Development in Southeast Asia:
Sepak Takraw, a traditional Southeast Asian sport, has benefited from the efforts of the Asian Sepak Takraw Federation (ASTAF) and its inclusion in the Southeast Asian Games. Support from regional governments and international organizations has helped standardize the sport and promote its growth globally.[25]

3. IndigeNous Sports in Africa:
In Africa, initiatives by organizations like the African Union Sports Council (AUSC) have revived interest in indigenous games such as wrestling and stick fighting. These efforts, often supported by UNESCO, highlight the cultural significance of traditional sports while promoting their inclusion in local and international events.[26]

International organizations play a pivotal role in shaping sports laws and promoting fair play in developing countries, while traditional and indigenous sports require legal and cultural recognition to thrive. Collaborative efforts between governments, international bodies, and local communities are essential for achieving these goals. By balancing global standards with cultural preservation, developing countries can create a dynamic and inclusive sports ecosystem.

POLICY RECOMMENDATIONS AND CONCLUSION

Strengthening sports law in developing countries requires a four-pillar policy approach: governance, athlete welfare, commercialization, and infrastructure. In addition, these developing countries should have in-depth legal frameworks corresponding to international standards, such as the World Anti-Doping Code and FIFA statutes, blended with their contextual ties.[27] National sports organizations must have clear governance structures, which may include an independent oversight body, anti-corruption policies, and regular audits. For example, the Australian Sports Commission Act in Australia ensures accountability and integrity in sports administration.[28] Governments should also focus on grassroots sports programs to develop talent and ensure inclusiveness. PPPs can be very important in funding and developing local infrastructure. This demonstrates how PPPs can be an incentive for grassroots engagement,[29] and Brazil especially invested a lot in community sports facilities before the 2014 FIFA World Cup. Sportsmen too should be empowered by some assurance of fair wages, social security, and protection from exploitation.

Athletes’ commissions can be set up, and the European Union’s Athlete Career Programme may be adopted to enable athletes during and after their careers.[30] International cooperation is also important, with developing countries benefiting from partnerships with such organizations as the International Olympic Committee (IOC) and UNESCO, funding, technical expertise, and training programs. For example, what such cooperation can do well can be a good example- cooperation of the IOC with African nations towards Olympic value development and strengthening the sports structure of the particular countries.[31]

Strategic interventive examples related to other regional reformations as well are pretty significant. Transformation Charter for South African Sport in South Africa is one such example, focusing on inclusivity, grassroots development, and equitable resource allocation to address historical inequalities in sports.[32] India’s National Sports Development Code brought about measures to improve transparency, fair elections in the sports federations, and the welfare of athletes, which led to better governance standards.[33] Japan’s strategy in hosting international events, like the 2020 Tokyo Olympics, exemplified best practices in infrastructure development, sustainability, and community involvement. It was shown that long-term planning should be incorporated with sports law and policy.[34]

CONCLUSION

From the analysis of sports law in developing countries, it is found that there is a need for comprehensive legal frameworks, robust governance, and inclusive policies to deal with persistent challenges such as corruption, resource constraints, and inadequate infrastructure. However, the success stories of South Africa, Brazil, and Japan show that it is possible to make meaningful reforms. Such integration of international norms with local demand can only produce the future for sports law in developing countries other words, giving precedence to the welfare of the athletes while protecting traditional sports and fostering partnerships globally for a sustainable, all-inclusive ecosystem of sports. Sports can be an excellent instrument in economic development, social integration, and the preservation of the culture of developing countries if managed through strategic investments and reforming the law governing them.

DAKSH BHARGAVA

VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES.

[1] James A. R. Nafziger, International Sports Law 3 (2d ed. 2020).

[2] Dennis Coates, The Economic Legacy of the 2010 FIFA World Cup, S. Afr. Rev. Econ. 45, 45-67 (2012).

[3] International Olympic Committee suspends Indian Olympic Association over governance issues, The Guardian (Dec. 4, 2012).

[4] ICC suspends Zimbabwe Cricket over political interference, BBC Sport (July 18, 2019)

[5] FIFA suspends Kenya Football Federation over government interference, Reuters (Feb. 24, 2022)

[6] Government of India, Ministry of Finance, Union Budget 2023-24 Highlights.

[7] Sponsor Sues Bangladesh Cricket Board Over Branding Dispute,” ESPN Cricinfo (Jan. 20, 2020)

[8] Piracy Plagues IPL Broadcasting,” The Economic Times (May 14, 2021).

[9] Evictions Mar Commonwealth Games Preparations in Delhi, The Hindu (Aug. 30, 2010).

[10] Kenya’s Sports Stadia Projects Dogged by Delays, Daily Nation (July 8, 2019).

[11] “Nigerian Footballers Protest Over Unpaid Salaries,” BBC Sport (Mar. 12, 2021).

[12] “Child Trafficking in Sports: A Growing Concern,” The Guardian (June 8, 2018).

[13] International Labour Organization, Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (No. 182) (2001).

[14] Gender Disparity in Indian Sports Funding, Hindustan Times (Oct. 15, 2022).

[15] World Anti-Doping Agency, Annual Report 2022.

[16] “Africa Lacks Anti-Doping Labs,” BBC Sport (Aug. 10, 2020).

[17] Indian Weightlifting Federation Suspended for Doping, The Hindu (Dec. 5, 2006)

[18] Doping Crisis in Kenyan Athletics, Reuters (Mar. 22, 2016)

[19] Blessing Okagbare Suspended for Doping Violation, Al Jazeera (July 31, 2021).

[20] International Olympic Committee, Olympic Charter (2022).

[21] FIFA, FIFA Statutes (2021).

[22] The Role of Traditional Sports in Preserving Culture, The Guardian (July 15, 2020).

[23] UNESCO, Traditional Sports and Games as Intangible Cultural Heritage (2019).

[24] “Pro Kabaddi League Boosts Global Recognition of Kabaddi,” Hindustan Times (Dec. 10, 2021).

[25] “Sepak Takraw’s Growth in Southeast Asia,” Straits Times (Mar. 8, 2021).

[26] African Union Sports Council, Reviving Indigenous Sports in Africa (2020).

[27] World Anti-Doping Agency, World Anti-Doping Code (2021).

[28] Australian Sports Commission Act 1989 (Cth) (Austl.).

[29] “Brazil’s Grassroots Sports Initiatives Before the 2014 FIFA World Cup,” BBC Sport (June 10, 2014).

[30] European Union, Athlete Career Programme Report (2020).

[31] International Olympic Committee, Olympic Solidarity Annual Report (2022).

[32] Department of Sport and Recreation South Africa, Transformation Charter for South African Sport (2012).

[33] Government of India, National Sports Development Code of India (2011).

[34] “Sustainability and Legacy of the Tokyo 2020 Olympics,” The Japan Times (Aug. 10, 2021).