28 August 2009

Mr Pierre Weiss
General Secretary
IAAF
[email protected]

Dear Sir

Caster Semenya:

Complaint against Athletics South Africa and the President of this organisation, Leonard Chuene

AfriForum, as civil rights NGO in South Africa, herewith officially submits a complaint against Athletics South Africa (ASA), the President of the ASA (Mr Leonard Chuene), and members of the South African Government with the IAAF, because of their actions regarding the Caster Semenya-saga.

Secondly AfriForum also officially requests the IAAF to take action against those who are responsible for the disclosure of information regarding the controversy about her gender, which caused the violation of the privacy of Ms Caster Semenya.

Ms Semenya's achievements provided an ideal opportunity for the promotion of mutual recognition and respect amongst communities in South Africa, however the disclosure of the information, as well as the manner in which Mr Chuene and South African politicians handled the situation, has now incited racial polarisation both internationally and within South Africa.  The fact that the excellent feat of a South African athlete is exploited for political gains and to promote division, is a sad turn of events that contravenes the ethical values of Athletics.

AfriForum believes that the IAAF should take firm action against those involved in order to prevent further harm from being caused.

1)   Complaint against the ASA, Mr Leonard Chuene and members of Government in South Africa

AfriForum request the IAAF to censure the ASA in terms of Article 14 of the constitution of the IAAF.  Clauses 3 (b) and (c) of Article 14 stipulate that the IAAF may censure a member if such a member, or the government of a country, were to breach the aims, constitution or rules of the IAAF.  AfriForum is of the opinion that ASA, Mr Chuene, as President of the ASA, as well as members of the South African Government, indeed breached the aims, constitution and rules.  This opinion is based on the following:

The constitution of the IAAF clearly specifies in Article 3 that one of the IAAF's aims as body affiliated with the IOC, is to play a leading role in the promotion of the aims of the Olympic Movement.  These aims are contained in the Olympic Charter and the IAAF therefore has to ensure that this Charter's aims are respected in Athletics.

The Olympic Charter's fundamental principles include amongst other aims:  "to place sport at the service of the harmonious development of man, with a view to promoting a peaceful society concerned with the promotion of human dignity.  Any action which incites racial and regional polarisation, therefore is directly in contravention of the Olympic Charter and all which an organisation such as the IAAF, which is a part of the Olympic Movement, stand for.

Mr Chuene incited racial and regional polarisation with his statements.  In media reports attached, Mr Chuene is quoted as having said:

"We will not allow that Europeans describe our children.  They are our children."

"It would not be like that if it were some young girl from Europe."

"Caster Semenya is facing intense scrutiny because she is African."

"If it was a white child she would be sitting somewhere with a psychologist, but this is an African child."

"Why is it that we don't celebrate one of our own?  Is it because she is African?"

"Chuene went on to blame racist South Africans for writing letters to the IAAF."

"This is about racism."

"These are ... the same people who bring black people down and the same people who refuse to believe that Africans can make it on the world stage."

According to the attached media reports, the Chairperson of the Parliament of South Africa's Portfolio Committee on Sport, Mr Butana Komphela, had said the following:

"Komphela slammed the IAAF's action as sexist and racist saying: ‘Just because she is black and surpassing her European competitors, there is all this uproar'."

"There where many white female athletes participating in the competition who resemble men, but were not subjected to gender tests."

The Olympic Charter also stipulates in Article 2 (10) that the role of the IOC is "to appose any political ... abuse of sport and athletes".  This is precisely what Mr Chuene and South African politicians have done.

To make matters worse, the ASA held a media conference at the time of Ms Semenya's return to South Africa, which was used to provide a platform for politicians of a political party, namely the ANC, to exploit Ms Semenya and Athletics for political purposes.  During this event, the ANC Youth League's President, Mr Julius Malema, and an ANC Member of Parliament, Ms Winnie Madikizela-Mandela, also made polarising statements (see the attached media reports).

A Minister in the South African Government, Ms Noluthando Mayende-Sibiya, also yelled at the crowd from the podium during Ms Semenya's arrival in South Africa: "Down with the IAAF".

The IAAF stipulates constitutionally in Aticle 3 (5) that this organisation has to apply the rules of Athletics.  Mr Chuene brought the rules of Athletic into disrepute by questioning the IAAF's tests.  This questioning not only undermines the credibility of the rules of the IAAF, but undermines the authority of the IAAF itself.  In order to ensure future respect for the rules of the IAAF, the undermining thereof cannot be tolerated. In media reports attached, Mr Chuene is quoted as follows:

"Let me warn professors and scientists that the only scientists I believe in are the parents of this girl."

"One scientist from a stupid university somewhere is going to erase the entire life of this girl."

"Why should we worry about other peoples tests."

2)   AfriForum requests that action should be taken against those responsible for the disclosure of the gender testing of Ms Semenya.

The individual who has suffered most as a result of this debacle, is Ms Caster Semenya.  What should have been a moment of glory for her, has now turned into a fiasco which has violated her privacy and her human dignity.  AfriForum appeals to the IAAF to leave no stone unturned to determine who has been responsible for the disclosure of the information, and to take firm action against the guilty party.

We thank you in anticipation for your attention to this issue and look forward to your response.

Yours sincerely

Kallie Kriel
Chief Executive Officer
AfriForum

Source: AfriForum

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