3 | Human rights risks and challenges
In the sporting context, following the Review of
Australia’s Sports Integrity (the Wood Review) in
2018, Sport Integrity Australia was established in
July 202080 with an independent Complaints Service
for National Sporting Organisations that have
signed up to the National Integrity Framework.81
Additionally, the National Sports Tribunal has
jurisdiction for resolving certain disputes for eligible
individuals and sporting bodies. With respect to the
FWWC2023, it is likely that only a limited number of
people may be eligible to access these mechanisms.
Some stakeholders expressed reservations about
the appropriateness of sports integrity bodies also
being responsible for the resolution of matters
relating to discrimination, harassment and abuse of
players, due to a lack of human rights expertise.
It is important that such legislation takes into
account rights to freedom of expression and
association, the right to protest and the ability of
journalists to perform their jobs by gaining access
to tournament sites. There is a possible risk to
human rights defenders who may seek to exercise
their rights to freedom of expression during this
time, where security forces are not adequately
trained to respect human rights. In general, this
is not expected to be a significant risk, but should
be taken into consideration in the planning of the
tournament.
Of particular note, stakeholders in these
consultations expressed concerns that vulnerable
people may not have consistent access to trusted,
accessible and transparent grievance mechanisms,
or access to a comprehensive overarching
mechanism that can deal with all complaints, that
has the following characteristics:
Based on past experiences of MSEs held in
Australia, such as the Sydney 2000 Olympics and
the 2018 Commonwealth Games, it is possible
that some international arrivals, including athletes
or members of their team entourages, may seek
asylum. Risks in this regard include refoulement –
in the event that the individual is unable to lodge a
claim for or to access protection or to obtain legal
support in order to do so. This will require further
assessment once team selections and country
qualifications have been carried out.
•
accommodate their identities, for example
cultural or ethnic identity, and the ways in
which they have been made vulnerable
•
provide trained staff who are competent
to respond to complaints in a way that
centres the targeted person and their
experience and is culturally safe and
trauma informed
•
can facilitate access to effective solutions
in a timely manner, and
•
keep them informed about how their
complaints will be addressed.
(f) Other human rights issues to be considered
(i) Risks to freedom of expression and association:
security forces and special event legislation
It is likely that special event legislation may be
introduced by national/state governments of the
host countries for the duration of the tournament
with respect to the tournament sites.
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(ii) Refugees and asylum seekers – risks to asylum and
non-refoulement rights
(iii) Technology, artificial intelligence and risks for
rights to privacy and non-discrimination
The AHRC recently concluded a three-year project
on Human Rights and Technology,82 which identifies
both the risks and opportunities that technology,
and emerging technologies, present for human
rights. NZHRC has carried out a similar piece of
research.83 Drawing on that work, and the extensive
stakeholder engagement conducted, FIFA should
consider the human rights implications, such as
the rights to privacy and non-discrimination, of any
technology that is created or used to facilitate the
operations of the tournament. This will include the
use of artificial intelligence by security, ticketing
apps and websites, COVID-19 protocols, or apps
that are developed as communication tools,
complaint mechanisms and/or information portals.