Speakers at the forum largely agreed that there is a strong need for mandatory due diligence legislation on the national just like on the European level. There were also repeated calls for a new business model to be developed for the future. The commitment by BMZ leadership comes after years of attempts to enhance human rights due diligence among German companies based on the voluntary German National Action Plan on Business and Human Rights (NAP) and its monitoring mechanism. This approach, as findings in annual stock-taking reports have shown in the past two years, has not produced the desired results.

Jonas Burgheim, founder and director of the Cares Project, was a participant to the forum. In his prior professional role as a BMZ senior policy officer, he contributed importantly to laying the basis for the implementation of the NAP during its initial years of application (as of 2016). Jonas Burgheim actually was among the first German government staff to identify and point to the need for a mandatory approach to human rights due diligence in the long-run. He also lobbied for a prominent inclusion of the human rights due diligence theme in the 2020 German EU presidency, of which today’s forum are a result. More than two years on, these efforts are now proving to have provided fertile ground for law-making processes on a German and an EU level.

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Providing consultancy services in business and human rights just like in human rights and sport, the Cares Project has been an advisor to leading actors in German and European high level sports. Latest clients include the Council of Europe, the German high level athletes’ representation Athleten Deutschland e.V., and the German Football Federation (DFB) among others. With the publication, Jonas Burgheim now provides a glimpse at subject-specific insights into content and challenges of business and human rights work in sports. Following an introductory part providing some foundational information on UNGP and NAP, Burgheim shares considerations on the specific nature of the current business model in high level sports. As centre piece of the article, he then addresses the state of play and the particular challenges faced in implementing human rights due diligence in (German) high level sports before providing an outlook at the potential future relevance of and approach to the theme in a larger policy setting.

Burgheim describes that German high level sports, just like large parts of private business in general, are still in the early stages of taking on business and human rights responsibilities. While first sporting organisations are re-calibrating their role thereto, this can only be considered an initial step of a so far hesitant implementation process. According to Burgheim’s analysis, the depth and intensity of human rights considerations in sports will increase along with a general business obligation to observe human rights requirements in the future. This development is assumed to be fueled by the expected legal steps on German and EU levels.

For more detailed information and individual consultancy services, please be in touch in making use of the Cares Project’s contact form.

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As a basis for the negotiations, the ILO Sectoral Policies Department had provided an Issues Paper on “Decent work in the world of sport” which provided an overview of a range of central questions and fundamental principles pertaining to workers’ rights in sports. As a part of this Issues Paper, central reference was also made to relevant legal cases and international instruments pertaining to workers’ rights and, more broadly, human rights in sport. Generally based on this preparatory work, the, according to ILO good practice, strictly formalised discussions were moderated by a presiding member state representative (Irish Ambassador to the United Nations, Mr Michael Gaffey). A central theme of the negotiations, notably between athletes’ and employers’ organisations, came to be that of collective bargaining linked to the athletes’ freedom of association.

The core paragraph 4 of the Global Dialogue Forum’s eventually adopted outcome document “Points of Consensus” reads:

“All workers, including athletes, regardless of the type of employment relationship,require, as a minimum,to be protected by the fundamental principles and rights at work.Social dialogue is based on respect for freedom of association and the effective recognition of the right to collective bargaining.Social dialogue, including collective bargaining,has diverse forms and levels depending on the contexts and traditions of each country.Consultations, exchanges of information and other forms of dialoguebetween social partners and with governments and other stakeholdersare also important.“

The Global Dialogue Forum can, therefore, well be considered a first step toward a regularised professional working environment in sport with from a content point of view many more to come. Next to this general evolution, it was a noteworthy Forum development that the concept of “autonomy of sport” was deleted from the draft outcome document due to an intervention of the member state representatives’ speaker; her request for this deletion was duly accepted by both workers and employers. The IOC took part in the Forum without an active speaking role.

The Global Dialogue Forum was also attended by Mr Jonas Burgheim for the Cares Project. As founder and director he attend in his Sport Cares capacity due to the intrinsic link to and policy relevance in the human rights risk assessment for Athleten Deutschland e.V. The Global Dialogue Forum allowed for Jonas Burgheim to build on his existing network and continue the regular expert exchange with stakeholders in international sport policy and human rights.

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A central content contribution to the Dialogue Forum was provided by Prof Dr Günther Bachmann, General Secretary of the German Council for Sustainable Development. His presentation themed “Sustainability – A Very Special Mega-Trend” was followed by a number of dialogue formats throughout the event. The broad width of delegates attending the event included representatives from state and regional football federations just like actors from civil society next to experts and representatives on sustainability and human rights in sport. They included former German nationals Cacau, now DFB commissioner for integration, and Thomas Hitzelsperger, current chairman of the board at VfB Stuttgart football club and DFB commissioner for diversity.

A panel discussion inlcuding Prof. Dr. Günther Bachmann, Björn Fecker (head of the DFB social responsibility committee and the Green faction in Bremen state parliament), Sylvia Schenk (Transparency International) and Thomas Hitzlsperger provided for a general look at themes of sustainability and human rights while upholding an organised football perspective. Subsequent specialised expert discussions enabled specific considerations, exchange of experiences made, and suggestions for potential next steps to take in football and sports.

Jonas Burgheim, founder and director of the Cares Project, contributed to the event upon invitation by DFB. He provided an expert contribution to the panel “Fair Play, Human and Children Rights”. The panel allowed for an animated exchange of participants from in- and outside DFB on the perspectives and challenges in the field of football and human rights in practice. It also gave room to suggestions for further steps to take in implementing the DFB statutory human rights committment. This will also be of relevance for a successful hosting of the European football championship 2024 in Germany according to statements made by representatives of the event organisers during the dialogue forum.

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In his remarks, Mr Burgheim described the basic origins and general practices in UN human rights policy. He also alluded to the everyday relevance of (business and) human rights themes and pointed to the enormous potential which lies in a progressive publicly-governed business and human rights approach. In drawing reference to core policy fields such as social (in)justice, migration, climate change, and general threats to functioning democratic systems, Jonas Burgheim underscored the impact a sensible human rights and sustainability policy will have on central developments in society, politics, and the economy for years to come. He applauded the organisers and civil society actors for their increasing engagement and involvement in international negotiation processes, such as e. g. through the Treaty Alliance  with regard to the Binding Treaty negotiations.

The event was held at the Brandenburg Gate in Berlin, Germany, where it attracted the attention of an interested public and passers-by. The introductory remarks were followed by a panel discussion and a live on-line interview with an expert present at the Geneva negotiations as well as the screening of the negotiation session itself. Themes and dates of other public presentations were announced by the organisers of Demos e.V.

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Are you interested in the results of the event? Please contact us for more information.

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In his intervention, Jonas Burgheim addressed the interrelation of the United Nations Sustainable Development Goals (SDGs) and human rights. His claim was to accord a greater focus to the human rights aspects embedded in the SDGs as part of the implementation process. This was based on the fact that the large majority of the SDG targets in fact carry human rights references, a major step forward from the preceding Millennium Development Goals (MDGs). Business and their responsible conduct were identified as being paramount to achieving successful SDG implementation during an active discussion following Mr Burgheim’s intervention.

Further contributors to the event were Mr Kai Philipp Schinck, Policy Advisor to the chair of the Parliamentary Advisory Council on Sustainable Development of the German Bundestag, and Ms Victoria Leonhardt, Operations Manager for ShareTheMeal (World Food Programme), the first official app against global hunger.

More information on the specific event can be found at:
https://greenbuzzberlin.de/event/greenbuzz-berlin-goes-politics-sustainable-development-goals/

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In his article “Human Rights and Sport in the International Policy Arena” Burgheim takes his readers on a tour d’horizon through exisiting human rights policy with a relevance for sports. He points to some of the most pressing and challenging themes in this policy area while creating an understanding for underlying processes. His particular focus is on the intersection of public and private interests and includes a strong call for a universal respect for human rights – including in sports. Burgheim also suggests paths of evolution in this field for the future.

The publication is available in an open access format at: https://www.zeitschriftfuermenschenrechte.de/open-access/zfmr_2_2016.pdf

As a reference, please use:
Jonas Burgheim, Human Rights and Sport in the International Policy Arena, in: Journal for Human Rights/Zeitschrift für Menschenrechte 2/2016, pp. 26-43, Wochenschau Verlag, Schwalbach 2017

ISSN: 1864-6492
ISBN (electronic format): 978-3-7344-0435-1

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Cares Project Founder and Director, Jonas Burgheim, served as Academic Secretary of the evaluation panel and composed the report “Evaluation of the Danish Council for Independent Research – Report of the Evaluation Panel” in close exchange with the evaluators. A mix of methods was applied during the evaluation process: desk studies were conducted next to extensive personal interviews with researchers, leading representatives from Danish universities and other research bodies, from industry, private foundations, the board and the secretariat of DFF, as well as with the Danish Minister for Higher Education and Science, Ms Sofie Carsten Nielsen. Jonas Burgheim provided his services in close cooperation with the Danish Agency for Science, Technology and Innovation. The study “Bibliometric Analyses of the scholarly and scientific output from grants funded by the Danish Council for Independent Research from 2005-2008” was produced to underpin the evaluation process.

Official information can be accessed at: https://ufm.dk/en/publications/2014/evaluation-of-the-danish-council-for-independent-research

As a reference, please use:
Ministry of Higher Education and Science, Danish Agency for Science,Technology and Innovation: Evaluation of the Danish Council for Independent Research – Report of the Evaluation Panel, Copenhagen, 2014

ISBN: 978-87-93151-30-7
ISBN (electronic publication): 978-87-93151-31-4

Date of Publication: 21 October, 2014
62 pages

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