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CAS ruling puts new focus on small football nations

New ruling from CAS on Gibraltar’s application for UEFA membership could have an impact on FIFA and UEFA policy on aspiring football federations. New documents from FIFA’s Working Group on Small Nations show how potential member federations from small nations and independent territories are prioritized.
26 August 2011

Gibraltar is one of the nations waiting to get closure on their application to join UEFA. Photo: Gibraltar (in red) at the Island Games 2011 by Steve Menary
Gibraltar is one of the nations waiting to get closure on their application to join UEFA. Photo: Gibraltar (in red) at the Island Games 2011 by Steve Menary 

FIFA’s attempts to help places left outside the world body are set to be hit by a Court of Arbitration for Sport (CAS) ruling this week that has upheld Gibraltar’s controversial attempt to join the international game.

Documents obtained by Play the Game show that FIFA has ranked places outside the world body in three categories – see table - with Gibraltar amongst the lowest priority but CAS has ruled that UEFA must now do everything in its power to let the British colony into the European body by the 2012 Congress in Turkey next June.

The ruling could have major repercussions at FIFA as world and European champions Spain have previously threatened to quit all international football if Gibraltar is allowed to join UEFA and play internationals.

UEFA change of rules
Neither CAS nor the Gibraltar Football Association (GFA) would comment but UEFA, which has 30 days to appeal the ruling, told Play the Game: “UEFA has received the CAS decision on the Gibraltar case and while reviewing it, took note that it does not grant immediate membership. UEFA is now studying its implications and possible next steps.”

The GFA applied to join UEFA in 1999 but shortly after, the European body changed its membership criteria so that all new members had to be recognized as countries by the United Nations.

This move was not made retrospective, allowing the four British Home Nations and the Faroe Islands to retain membership, and used to reject Gibraltar and bar subsequent new applicants such as Greenland and Kosovo.

Because the change was made after their application, the GFA went to CAS in 2006 and secured a ruling upholding their application but when Gibraltar’s potential membership went to a UEFA vote, the influential Spanish FIFA executive committee member Angel Maria Vilar Llona urged members to reject the colony. Of UEFA’s then 52 members, only England, Scotland and Wales supported Gibraltar.

FIFA’s list of priority
Now European football is likely to face yet another contentious vote supporting a place that FIFA’s own small nations working group believes merits the least attention and describes as ‘politically sensitive’ in the committee notes.

The group, which was chaired by former English FA President Geoff Thompson and led by Urs Kluser, met three times before outlining its aims and objectives at a world body meeting last October, which PTG has secured the notes for.

Kluser went on three missions to try and understand the problems faced by places left outside FIFA and visited the Pacific state of Tuvalu, the Dutch Caribbean territory of Sint Maarten and the British dependency of Jersey.

In addition to ranking places in order of priority from independent nations to politically sensitive cases, the notes, which FIFA has confirmed, read:

  • The priority should go to the first category, while assistance for the non-independent territories (second category) could be considered only if channelled through their parent Member Association and/or confederation. FIFA must make sure that this would not mean a decrease in the assistance already provided by the MA and confederation

  • To stress clearly that any assistance provided by FIFA does not mean political recognition of the applicant and should not be considered as a first step towards becoming a FIFA member

  • Assistance should not include FAP or Goal projects


The latter is controversial as Greenland and French Guiana – a CONCACAF associate but not recognised by FIFA – have both received funding for Goal projects through the Danish and French federations respectively.

Working group on hold
FIFA president Sepp Blatter did visit Greenland last October but Kluser left the world body last year and with Thompson stepping down earlier this year, the activities of the working group have – according to insiders – ground to a halt.

At the 2010 meeting Costakis Koutsokoumnis, President of the Cyprus FA, which opposes attempts by the largely unrecognised Turkish Republic of Northern Cyprus to play internationals, insisted that a “mechanism” be found to define politically sensitive cases. The notes show Thompson replying that this would be “decided on a case-by-case basis with the option of calling upon experts for help.”

As a result, the group’s next meeting scheduled for March 1 2011 did not take place and there is little evidence of FIFA, which had been engulfed by corruption problems for most of this year, making any attempt to engage with any of the identified as potential members.

No news from FIFA
Sources in Sint Maarten told Play the Game there had been no contact with FIFA since Kluser’s visit in 2010 and described the state of football on the Caribbean island as a “mess.” Recent visitors to Palau – another country cited by FIFA as needing help and eligible to join – reported no evidence of organised football activity at all and a member of the Monegasque Football Federation told Play the Game: “Concerning FIFA, we do not have any contact with them.”

Tuvalu will play in the football tournament at this month’s South Pacific Games in New Caledonia, along with Kiribati, which had applied to join FIFA. This application was discussed at last year’s meeting and a decision made to visit the Pacific islands.

That did not happen and the Kiribati FA had to visit FIFA’s Zurich HQ on June 17 to start a dialogue, which is now finally expected to involve an official visit to the islands next month.

The leisurely pace of the FIFA group, which some aspiring members had hoped would organise some form of competition, is also evident in another application from the Zanzibar FA, whose application was sent to Switzerland on August 27 2010. This was discussed and rejected on October 27 2010 but the Zanzibar FA only found out last week about the latest rejection, which follows another snub from FIFA in 2005.

“This [latest] request was examined by the Associations Committee in March 2011 and by the FIFA Executive Committee meeting,” says FIFA in response. “As Zanzibar does not fulfil the basic condition of being a country recognized by the international community they were informed on 21 June 2011 that their request had been rejected accordingly.”

FIFA has allowed the Football Federation of Kosovo (FFK) to join its transfer matching system to stop clubs in the former Yugoslav republic losing players without compensation, but will not accept the FFK as a member until Kosovo, which has been recognised by 81 countries across the world, is allowed into the UN.

This is unlikely for as long as Serbia’s ally Russia sits on the UN Security Council and an appeal earlier this year by the FFK to allow Kosovo to play international friendlies was rejected by FIFA.

“Why should they care about a small country like Kosovo when there is nothing in it for them,” says former Kosovo manager Edmond Rugova.

Relying on national associations

With little sign of help from FIFA, some places left isolated from the world game are increasingly relying on national associations at their mother country.

The Dutch FA trains coaches from its colonies and in 2008, the Fédération Française de Football staged the first Coupe de l’Outre Mer for French territories and overseas departments. Now a bi-annual tournament costing €900,000 to stage, this is the only competition open outside of their region to the likes of Guadeloupe, Martinique and Reunion, which were all named in FIFA’s second tier of applicants.

The tournament is also open to those French dependents that have managed to join FIFA, such as Tahiti, a member since 1990, and New Caledonia, which was allowed to join in 2004 on the grounds that a vote for independence is scheduled for between 2014 and 2019.

In 2005, FIFA provided U$D 400,000 from its Goal scheme towards a U$D 907,000 artificial turf in the New Caledonian capital of Noumea and three years later covered the entire U$D 400,000 cost of extending a technical centre, again in Noumea. In Tahiti, FIFA also funded the whole cost of a U$D 400,000 technical centre at Pirae in Tahiti from Goal funds but many unaffiliated places outside the world body are increasingly left in limbo with no support.

“A lot of smaller nations fall into this Catch 22 situation - FIFA want to see so much before they give any help but there's no way to get to that point unless you already have some funding or people willing to work hard for free for a long time, which most places don't,” says Paul Watson, an Englishman who travelled to Pohnpei in Micronesia and organised a football league – an experience he chronicles in a book due out next year called Up Pohnpei (Profile 2011).

New Caledonia’s entry was cited by the Zanzibar FA in its latest application to join FIFA and has also been brought up by Guadeloupe.

Alain Soreze at the Ligue Guadeloupéenne de Football says: “We look (sic) the example of New Caledonia. But response [from the FFF] is Guadeloupe do not have the same political and administration statute like New Caledonia.”

For those British dependents aspiring to FIFA membership, there is only the football at the bi-annual Island Games football championship but Gibraltar, Jersey, the Isle of Man and Guernsey are hoping to stage a tournament next June, when the Mediterranean side could well have something off the pitch to celebrate too.

 
charles mitchell, Palau, 07-03-13 04:56:
please support palau football
www.palaufootball.sportingpulse.net
El Hadj Mahmood Edward Packinson Packinson, France, 01-03-12 15:38:
I definetely support all the new candidatures. FIFA and the regional body should admit all the neew countries because legally the old examples are sufficient. If Wales is member(UK colony), if Belarussia(Russian colony)is member, if Tahiti(French colony) is member, if Puerto Rico(US colony) is member, so should be also members Jersey, Greenland, Aland, Northern Cyprus, Kosovo, Monaco, Catalonia, Sint Maarteen, Northern Marianna Commonwealth and etc.
Toni , , 25-09-11 14:36:
What happens if UEFA or FIFA reject CAS decisions as it happened with Gibraltar's case. It's like a government rejecting its own Supreme Court decisions. What is the resolution, dissolution of FIFA/UEFA, revolution or what?
Kenneth , , 04-09-11 00:54:
England did not support Gibraltar's application at the UEFA Congress as it abstained during the voting process
Albert Yome, Gibraltar, 03-09-11 23:29:
The Gibraltar FA has been around since 1895, longer than Spain's RFEF (1909) so it'w not as if we're the new boys on the block. Gibraltar sporting associations already belong to world governing bodies for Swimming, Athletics, Hockey, Basketball, Rowing and other sports. Spain continues to use its government to interfere with sport at all levels, even disabled and children's sports which is an absolute disgrace.
T Baalawy, , 03-09-11 02:36:
FIFA has dicrimanated Zanzibar,FIFA REFUSAL LETTER FOR ZANZIBAR MEMBERSHIP HAS NO BACK BORN. IF ZANZIBAR WAS NOT AN AFRICAN COUNTRY WOULD HAVE BEEN ADMITTED. I SEE ELEMENTS OF RACISM AND CORRUPTION INTO FIFA. Zanzibar is going to take FIFA into court now.


THIS IS A FIFA APPLICATION LETTER THAT ZANZIBAR SUBMITTED TO FIFA 12/08/2011. FIFA MUST BE CORRUPTED BY DENYING ZANZABAR MAMBERSHIP.

1. We are honoured to be once again making an official application to
become members of this most acclaimed organization that unites, brings
joy and inclusion to billions of people around the world – FIFA.

2. You will recall that our first application was tendered in 2001, but
we could not get the opportunity of being heard and our case be
decided on merits and weight of evidence we had tabled. It was rather
decided on legality and practices that are more inclined towards loose
interpretation of the FIFA Statues.

3. Zanzibar’s application to join FIFA was rejected on 5 March, 2005
while just a year earlier the French overseas territory New Caledonia
was admitted as a new member on the grounds that this self governing
territory was in the process of going into referendum to decide its
fate which at any rate in the finality of events France will remain
in-charge of foreign affairs.
That referendum is not scheduled until 2014. In the meantime New
Caledonia enjoys all FIFA fruits and who knows if they will finally
decide to be under French or go alone. At the same time it still holds
its position as non participating member of French FA.

4. The case of Liechistein has also come to our knowledge and we see
as one of the many contradictions in FIFA membership. This country is
not member of any regional group and certainly not the United Nations
and hence its status as member of the international community is
questionable.
But because Liechistein has the luck of having geographical location
in Europe, even though its foreign affairs is controlled by
Switzerland and has no soccer league of its own, with its clubs
playing in the Swiss league, it is accorded full FIFA status and
prized with a one representation in European club tournaments.
Liechistein does not organise and supervise football activities in its
territory and only deals with its national team, and fortunately in
the spirit of FIFA inclusive policy she has been privileged of having
legal status with FIFA.
Such wide discretion arrangment we see with another FIFA member in the
name of San Marino which is also allowing its clubs to play in foreign
league in the Italian Serie C2/B.

5. Yet another evidence of FIFA open mindedness or flexibility in
awarding membership or admission of new members can be seen in the
cases of US Virgin Islands as well Puerto Rico which are just
appendages of the United States of America.
These are not countries but rather territories which have to use the
travelling documents of the US, because they do not have their own.
While Puerto Rico has gone through various referenda to determine
their future like the road New Caledonia is taking, there is no such
intention for US Virgin Islands, and as such their status will remain
the same – not a country, not a member of any regional arrangement and
certainly not of the United Nations (UN).
US Virgin Islands runs a four team soccer league.

6. Than there is the British Virgin Islands which have no status in
the UN and is having limited autonomy but yet has been welcomed into
the fold of FIFA and enjoying full membership rights. By all
standards the islands of British Virgin Islands are not recognised as
a country by the international community because it is a territory
under the British administration.

7. The case of US Virgin Islands and British Virgin Islands clearly
contradicts the FIFA Statues which provides that only one association
from one country shall be allowed to become FIFA member.
While this might be excused on the original members under the British
blanket – England, Wales, Scotland and Ireland, it provides unfair
advantage to others to allow United States and United Kingdom to have
extra members in such a manner.
Zanzibar stands and it can be legally proved, to have more autonomy
than all other mentioned examples of territories which have been
accorded FIFA membership.

8. The example of Faroe Islands is even more pertinent to Zanzibar
application and yet another example of how FIFA regards the question
of membership in a wide eyed and positive approach. With a population
of 50,000, a self governing territory with their very own flag, the
Faroe Islands are essentially part of the Danish hegemony and has its
representation in the Danish legislature.
While FIFA regulations clearly stipulates that a country would be
admitted as a member if it first becomes member of the regional
confederations but Faroe Islands was first admitted as FIFA member on
2 July, 1988 and two years later 18 April, 1990 was taken into the
UEFA fold, as the law was than standing.

9. While FIFA has not provided definition of the phrase “recognised by
the international community” to the meaning it attaches to a country,
it has been using various other methodologies which tend to justify
even more readiness to welcome more members in its football family
fold.
As a result the criterion used by FIFA now is that of UN membership as
gauge for the term recognised by the international community but while
the UN has 190 members, the FIFA membership is 209 meaning that 17
countries which do not have UN membership are members of FIFA.

10. FIFA reasons for denying Zanzibar membership was based on the part
of its Statute that specifically provides that an application will be
considered if an applicant is a country recognised by the
international community.
But also FIFA could not welcome Zanzibar in the membership because it
will be allowing two members from one country because Tanzania is
already FIFA member on it its own status.
Other criterion for admission to membership is a proof that a country
organises and supervises soccer activities in its own territory and
Zanzibar fulfils that condition with flying colours and has even all
the levels of divisions as required by FIFA.
These are:
Premier Division 12 teams
First National Division
Second Division
Third Division
Central League and under it there is Junior League and Juvenile League.
Zanzibar also has Women Football.

11. We would like to submit that these stands are some of the strength
and positiviness that FIFA should consider in making the decision of
Zanzibar membership and admitted as full member of the world soccer
governing body.

12. Consider the following in as far as Zanzibar’s practice in
international relations which under the Tanzania Union arrangement but
Zanzibar having a free hand.
a) Zanzibar has welcomed more than 50 world leaders with 21 gun salutes
accorded to visiting top foreign dignitaries
b) Zanzibar is the only place aside of Dar es salaam, the commercial
capital of Tanzania that Foreign Missions have set up their offices
and these include Consulates of Sultanate of Oman, Egypt, China,
United States Indian, Mozambique, Sweden and Norway.
c) All major UN offices have their offices in Zanzibar and on the lead
of course is the UNDP. These are namely the UNICEF, WHO, ILO and
UNFPA.
d) Zanzibar has the capacity of dealing directly with foreign entities
on matters pertaining to Zanzibar interests.

13. Zanzibar supervises and runs its own soccer matters.
a) It has its own full structured football association and has
never been a branch or part of the Tanzania Football Federation at any
time.
b) No Zanzibari has ever held any position in the Tanzania Football
Federation
c) Zanzibar has and runs a five tier league as directed by FIFA
d) Is member of regional body CECAFA
e) Is associated member of regional confederation CAF
f) Zanzibar has played 114 international matches from 1961 to date
against full FIFA members
g) Zanzibar has played Tanzania 23 times – 6 friendly matches and 17
competitive ones

14. To strengthen Zanzibar case it is very important for FIFA to
understand the internal setup in Tanzania where the Union is governed
by what is known as Articles of Union which recognises only 22 items
specifically approved by the Constitution to be Union Matters.
And a sport is not one of them as such each side deals with it
separately and with full autonomy.
The Union Matters are as following:
1. The Constitution of Tanzania and Government of United Republic
2. Foreign Affairs
3. Defence and Security
4. Police
5. Emergency Powers
6. Citizenship
7. Immigration
8. External borrowing and trade
9. Service in the Government of United Republic
10. Income tax paid by individuals, corporations, customs duty and
excise on good manufactured in Tanzania collected by Customs
Department
11. Harbours, matters relating to air transport, posts and telecommunications
12. All matters concerning coinage, currency for the purpose of legal tender,
Banks and all banking business and exchange control
13. Industrial licensing and statistics
14. Higher Education
15. Mineral oil resources, including crude oil and natural gas
16. The National Examination Council of Tanzania
17. Civil Aviation
18. Research
19. Metrology
20. Statistics
21. The Court of Appeal
22. Registration of Political Parties.

15. Zanzibar can assure FIFA that it can fulfil its international
obligations by fielding competitive teams and not like Cayman Islands
which recruited mercenaries to play in World Cup Qualifiers, and many
other small members who are not able to meet this requirement.
Incidentally, it was easy for the Cayman Islands to recruit British
player-mercenaries because the Cayman Islands use British passport and
British currency.
There is also strong argument for that as Zanzibar has never missed
out in the participation of the regional tournament from the days of
Sunlight Cup, Gossage Cup to the now East and Central African Senior
Challenge Cup.
But also Zanzibar has not missed out in any of club
tournaments in East and Central Africa and has been honouring its obligations in
continental club Competitions – The Champions League and Confederation
Cup- since it has become Associated Member of CAF.
Zanzibar has as well hosted many a times international
matches at its home turf.

16. It has been stated before that Zanzibar has full autonomy within
the Union arrangement of the United Republic of Tanzania. It posses
all traits of a country including:
. Executive President
. Fully fledged court system
. Legislature
. Runs its own full financial budget
. Has its own Sports Council
. Sports Minister
. Sports Council
. Its own football association
. A league system from age 10 to Premier League
. Has no constitutional connection with Tanzania Football Federation (TFF)

17. We believe Zanzibar is a unique case where by the FIFA Statute of
one country one association would not apply or if does it would be to
the effect of copying the good examples of Faroe Islands and Denmark,
or the US Virgin Islands and United States or that of British Virgin
Islands and United Kingdom or even that of Cayman Islands and United
Kingdom.
Our case is not like that of Gibraltar and Spain where Spain threatens
to pull out of FIFA if the former is admitted or the unwillingness of
United Kingdom allowing Jersey Islands to join this august
organization.
In our case the United Republic of Tanzania is in full support of
Zanzibar joining the FIFA fray. .

18. We humbly appeal to FIFA to reconsider our case on the strength of
the above arguments and mainly for sporting reasons. Zanzibar has a
very high population of soccer lovers and we believe we have one of
the highest per capita in the world of players per population.

19. Zanzibar will be more than ready to welcome a FIFA delegation
that will be assigned to look deep into our application to join the
global game through the global organization
Angess , , 31-08-11 14:50:
It is unfair to consider Kosovo football case the same as Osetia, Turkish Cyprus or what ever. At least Kosovo have been known by 81 countries (including the big powers like US, GB, Germany, etc).
Iain Jeffree, , 30-08-11 20:15:
It wii be interesting to see what the reaction of both FIFA & UEFA will be to this ruling.

I do hope the CAS will publish these documents for all to see.
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