Safeguarding Complaints and Procedural Fairness: What Sports Bodies Can Learn from Tounkara v FIBA
In a previous article published by LawInSport in 2022[1], our colleague Richard Bush examined the serious allegations of systemic sexual abuse made against officials of the Mali Basketball Federation (FMBB), and the subsequent report published by the FIBA Independent Integrity Officer (FIBA Report). That article identified a few specific points of possible interest to international federations that might be helpful in informing their approach to safeguarding, including:
- some universal themes relating to abuse in sport,
- the need for a proactive approach and monitoring in respect of national federations, and
- the important differences between ‘safeguarding’ and ‘disciplinary’ regulation.
Earlier this year, the Court of Arbitration for Sport (CAS) published its decision in CAS 2024/A/10915 Djelika "Mami" Tounkara v. FIBA (Mami Decision)[2], which arose in the context of the sexual abuse that took place in Malian basketball.
This follow-up article summarises the Mami Decision (which ultimately concerns the determination of a technical legal point) and identify two specific points - not addressed in the previous article - that can be derived from the case, including:
- the protection of whistleblowers, and
- the possibility of allowing complainants the rights to challenge certain decisions relating to their cases.
These points could serve as guidance to national and international sports governing bodies.
Article Outline
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- Tags: Athlete Rights | Athlete Welfare | Basketball | Court of Arbitration for Sport (CAS) | Dispute Resolution | Fédération Internationale de Basketball (FIBA) | Mali | Regulation | Safeguarding
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Written by
Alasdair Muller
Alisdair is a Legal Director in Bird & Bird’s Sports Group in London, specialising in disputes and regulatory matters.
He has acted in relation to various aspects of sports rightsholders' anti-piracy programs (ranging from High Court actions against individuals to applications for dynamic blocking injunctions) and handling regulatory and compliance matters dealt with under sports governing bodies' own internal arbitration systems.
Victoria Boylett
Victoria is an associate in Bird & Bird’s Sports Group in London, where she advises national and international sports governing bodies on a wide range of regulatory issues.
She has guided clients through complex matters related to eligibility, anti-doping, and safeguarding, as well as representing them in disciplinary proceedings. She has also been involved in several comprehensive reviews of rules and regulations for governing bodies, helping to ensure they are robust and fit for purpose.
Victoria trained at Bird & Bird, during which time she was seconded to a national sports governing body. She qualified into the sports team in 2024.
