Rights of the athlete
The evil that men do lives after them. – William Shakespeare
In a very timely program, this morning the Philippine Olympic Committee Athletes’ Commission is holding an online seminar defining the rights and responsibilities of a national athlete. Lecturer at the webinar is Atty. Alberto Agra, the innovative and erudite head of Pilipinas Obstacle Sports Federation, which has racked up multiple Guinness World Records in the last two years. Agra told The STAR that he will attempt to answer 13 questions about the relationship between national sports associations (NSAs) and athletes representing the country in international competitions. This writer will attempt to provide some context for some of the questions, given recent issues and controversies between NSAs and athletes.
The first questions are the following: are national athletes employees of their NSAs or the Philippine Sports Commission? If not, how do we classify them? What is the overall obligation of an NSA to its national athletes? In this writer’s perspective, athletes are not employees of NSAs, simply because of the nature of their tenure. Many national associations dissolve their national teams every year. Others only form them months before an international meet like the Southeast Asian Games. Neither are they employees of the PSC, which is a government agency with regular employees and offices under the Office of the President. The Incentives Act provides rewards for their accomplishments. Luckily, President Marcos is very supportive of national athletes.
What are the benefits of national athletes under the law and from their NSAs? Must an NSA provide for a safe environment / space for national athletes? Definitely, athletes deserve compensation for the value that they bring to the national team. But how much they are worth is a gray area that NSAs exploit, bargaining down the fees of athletes whose playing careers are limited by age and injury. An NSA must provide all the resources an athlete needs: training equipment, facilities, travel, food and accommodations, and a good work environment. If team officials like the coach badmouth an athlete whom the team needs, then that is a demotivating factor for the athlete in question, not to mention unbecoming of a coach. Also, issues like an athlete’s health and ability to compete should be given the benefit of the doubt. A team or NSA may have its own medical personnel, but their agenda is to keep their jobs. They may say an athlete is fit to compete even if it isn’t so. Besides, the relationship is transitory, so the athlete deserves to be respected for his or her long-term goals, as well.
On other matters, what are the other responsibilities / obligations of national athletes? Can a national athlete get sponsors other than those secured by the NSA? The athlete represents the country, the national team and the NSA. This implies that personal appearances and promotional activities are included in their responsibilities, but only to a certain extent. We all know that the more popular players have the heavier burden in this regard. Also, an athlete can have his own sponsors, particularly if they supported the athlete before or in between stints with the national team. The athlete can (some would say should) do endorsements on behalf of and in support of the national team, but should not be obligated to do so for the economic benefit of individuals (like the coach, for example). In cases of conflict between brands, generally the brand that sponsored first – whether for the team or athlete – has priority. But there are ways to satisfy both on a case-to-case basis.
Lastly, in the event of abuse, where can national athletes seek redress? This is a complicated matter, like protesting the judging or results of a match. As we know, it is nearly impossible to reverse the results of game. Even though there would be value in serving justice to the athlete, nobody really cares after the fact. There is always the judicial system, particularly if the athlete has powerful backers, but it is a long, tedious, murky process that can take several years. So all told, the athlete must think very carefully if he or she should really go through the rigmarole of navigating personality issues and not even be appreciated. For certain, Atty. Agra will provide a deeper, more comprehensive dialogue.
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