The present situation of National Olympic Committee of Sri Lanka
Saturday, 1 March 2014 05:36
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Following is the joint statement issued by 20 member associations affiliated to the NOC
The objective of this press briefing is to explain the correct situation of the NOC constitutional matter and the postponement of the NOC elections. In the past we have observed many misleading paper articles given by the NOC President and Secretary General to convince the sports loving people in this country that their struggle is only to safeguard the autonomy of National Sports Associations.
We will be giving you the total picture of the situation which will clear all doubts and will prove that their intention is only to maintain their positions illegally without facing the election. The following facts will prove their shameful intention. There are 25 National Federations affiliated to the NOC and of them, representatives of 20 Sports Federations are gathered here today to protest, the irregularities and the malpractices committed by the President and the Secretary General of NOC.
Background
A disparity had been in existence in regard to certain clauses of the constitution of NOC and the Olympic Charter from the very inception. Hence the constitution of NOC has not been approved by the IOC.
The NOC has not made much of an effort to rectify this situation for the last 17 years. The NOC last conducted elections on 30 July 2009 and the fresh elections were due before 13 July 2013.
The present President and Secretary General after realising that it would not be possible for them to retain their positions democratically have written to the IOC without the approval of the Executive Committee, and that the prevailing sports law and regulations will not create an environment to conduct an impartial election and therefore, to permit them to post pone the election. The President and Secretary had cited the recent regulations promulgated by the Minister of Sports as the elements which are restricting the autonomy of the Sports Federations.
The majority of the membership are of the view that certain regulations are restricting the autonomy of the NFs. However the Minister has now agreed to change such regulations. Then the IOC summoned both parties to their headquarters and came to an agreement to change the regulations which are a threat to the autonomy of the NFs within six months and to change the act within nine months and to conduct the NOC elections within six months as per the new constitution which is going to be adopted by the General Committee of the NOC and subsequently approved by the IOC.
Present situation in implementation of IOC directives
The NOC President and the Secretary General are demanding that the Minister change many regulations which will be beneficial to sports in general. They are trying to change most of the regulations to their own benefit. As the NOC President and Secretary are not keen in sorting out this situation, it can be prolonged for years where they can maintain their positions without facing an election.
The proposals submitted by the President and the Secretary General regarding the amendments to the sports regulations were not discussed with the NFs. These two are not willing to meet the members of NFs because they have no answers for the questions and queries which will be raced by the membership.
Misinterpretation of facts by the NOC President and Secretary General
They have informed the National Federations that fresh elections are mandatory for this year.
As per the IOC guidelines the elections for NFs are mandatory if they had conducted the election as per a constitution which had not been approved by the world body.
The President of the NOC had informed the media that the IOC had instructed him to limit the NOC Executive Committee to only the Office Bearers. IOC have confirmed that this is not true.
Violation of the constitution by the present President and Secretary General
1. Twenty members of the Executive Committee of NOC sent a letter on 3 December 2013, requesting a Special General Meeting of the NOC but the Secretary General had informed us that a Special General Meeting cannot be convened as it is not required at this juncture. As per the clause No. 12.7 the Secretary General or the President has no authority to refuse such a request.
Recently the Secretary General has summoned the office bearers for a meeting and the existing constitution of NOC does not provide any authority to establish such an organ in the NOC of Sri Lanka.
As per the article 4.5 of the NOC constitution, the representatives of NFs have to be nominated only from among the office bearers of that association. But present Secretary General, Assistant Treasurer and Assistant Secretary are not eligible to hold office under clause 4 of the NOC constitution.
Article 3.1 of the constitution of NOC clearly states that the term of elected office bearers is limited to four years. The present office bearers of NOC have exceeded this four year term by seven months now.
It is not clear whether the constitution of NOC can be violated by the President and the Secretary General at any time for their benefit.
Fraudulent acts committed by Secretary General of NOC
The committee appointed to verify the correctness of the NOC constitution which was tabled at the Executive Committee meeting held on 27 November 2013 by the Secretary General of the NOC, has reported that the particular clause of the said constitution (clause 4.1) has not been changed by the General Committee and it was a manipulation by the Secretary General of the NOC which was done with the intention of personal benefit. It is sad to mention that a person who has committed such a disgraceful act is holding the position of Secretary General of NOC.
According to the circumstances and the prevailing environment it can be envisaged that the
constitutional matter will not be sorted out by the present President and Secretary General of NOC because this situation will be the best for them to retain their positions without facing an election.