The applicability of the 'United Nations convention against corruption' to the area of sports corruption (match-fixing).

AuthorJones, Karen L.

The area of sports corruption is getting a lot of publicity today, and rightfully so. Almost daily, there are new reports of sports corruption. On-going investigation into incidences of sports corruption consumes hundreds if not thousands of law enforcement hours per incidence. With so much attention being given to the area of sports corruption, it is imperative that we have laws in place that provide appropriate remedy to this critical area of national and international law.

Recent debate around sports corruption, in particular in the area of match-fixing, has focused on the laws that are in place to properly address this problem. There is no single definition of match-fixing, however, in its most basic form, match-fixing is: The act of losing, or playing to a pre-determined result, in sports matches by illegally manipulating the results in your favour. (1)

The European Commission report on Match-Fixing in Sport: A Mapping of Criminal Law Provisions in EU 27 (2) clearly shows the discrepancy and deficit in how sports corruption in general or the crime of match-fixing specifically is addressed at a national level. Further, the report is explicit in pointing out the lack of uniformity in criminal provisions to address the problem of match-fixing. (3)

The problem of sports corruption and particularly match-fixing is one that has international impact. It is often noted that even when a match-fixing incident occurs within a particular country, the impact and even the direct involvement is international. (4) Because of the international aspects of match-fixing, it is important to have means of addressing this problem at an international level. However, there is no specific international law that directly addresses the issue of match-fixing.

Within the realm of international law is the area of international norms and standards that are often created by international organizations such as the United Nations. In this regard, the United Nations created an international instrument to address corruption in the United Nations Convention against Corruption (5), taking effect 14 December 2005.

As then Secretary General of the United Nations, Kofi Annan, states in the forward to the Convention:

"... It will warn the corrupt that betrayal of the public trust will no longer be tolerated. And it will reaffirm the importance of core values such as honesty, respect for the rule of law, accountability and transparency in promoting development and making the world a better place for all." (6) This statement by Kofi Annan does not specify any particular type of corruption. Instead he more broadly refers to "the corrupt" suggesting a broader application of this Convention. This statement also mirrors much of the public sentiment relative to "sports corruption" and the impacts on the integrity of the game. In a communication of 18 January 2011, the European Commission states: "Match-fixing violates the ethics and integrity of sport." This shared recognition of corruption as not just an issue of law but an issue of values in addition to the goals of restoring trust and integrity is central to a fight against corruption in any form.

When confronted with issues of sports law or lex sportiva (7)...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT