IOC Charter: How it can impact on Kenya

Kenya's Sports minister Hassan Wario gives a press conference gives a press conference on August 25, 2016, at his office in Nairobi. Kenya's runners impressed at the Rio Olympics, but to the country's shame its officials were equally distinguished when it came to corruption. Six gold medals -- including in both men's and women's marathons -- six silvers and one bronze put Kenya in 15th place overall and made it the top African nation by far, yet a shameful shadow hangs over what was the best Kenyan Olympics performance ever. / AFP PHOTO / SIMON MAINA

National Olympic Committee Secretary General FK Paul was yesterday digging in for a fight with Sports CS Hassan Wario for disbanding the local Chapter of the International Olympic Committee.

But just what does the IOC charter say about Wario’s move?

A look at the Olympic Charter reveals that Wario’s action is likely to be seen as government interference by the IOC, which could see the country banned and jeopardise its participation in future Olympic, All Africa and the Commonwealth games.

According to article 27.3 of the IOC charter, only National Olympic Committees (NOCs) have the exclusive authority to enter teams in all competitions patronised by it.

This means that Sports Kenya, which has now taken over the role of the National Olympic of Kenya (NOCK), will not be recognised by the IOC.

Article 27.6 further says Olympic Committees must preserve their autonomy and resist pressures of any kind, including but not limited to political, legal, religious or economic pressure, which may prevent them from complying with the charter.

The Olympic Charter expressly states that the IOC board will not hesitate to sanction its affiliates in case of infringement of the charter.

Article 27.9 reads: “The IOC executive board may take any appropriate decisions for the protection of the Olympic Movement in the country of an NOC, including suspension of or withdrawal of recognition from such NOC if the constitution, law or other regulations in force in the country concerned or any act by any government or other body causes the activity of the NOC or the making of its will to be hampered.”

“The IOC executive board shall offer such NOC an opportunity to be heard before any such decision is taken.”

Last year, the IOC banned the Kuwait Olympic Committee (KOC) to protect the Olympic Movement in Kuwait from what it termed as undue government interference.

The IOC was protesting a new rule enacted by the Kuwait government which was viewed as interference with the operations of the Kuwait Olympic Committee.

Before taking the move on Kuwait, the IOC board gave the government a deadline of October 27, 2015 to either freeze the application of the new sports law.

However, the deadline expired without the Kuwait government changing the law and hence the ban followed.

In a statement released by the IOC on the matter, it said it was banning the Kuwait Olympic Committee to protect the Olympic movement from government interference.

The IOC said the ban will have the following consequences - Kuwait will not be allowed to participate in any activity connected with the Olympic movement, or exercise any right conferred upon it by the Olympic Charter of the IOC. Kuwait is also to miss out on IOC financial assistance.