OCM: Crisis Management! Look at your Constitution please

Before setting up a crisis management committee, as announced at a press conference after the Executive Board meeting today, the Olympic Council of Malaysia Executive Board should have and ought to have read its own constitution before embarking on such a move.

While quoting the OCM constitution is justifying the decision to hold their Executive Board meetings once every two months instead of the practice of once a month, those who sat in the meeting , if they had the knowledge or ability, could have pointed out to the President on the various regulations already in place to address issues such as the one plaguing the Malaysian Karate Federation .

Painstakingly below are the various articles that prove that there is no need to form any more committees had they bothered to read and understand the rules that govern them.

Articles and Sub-Articles from OCM’s Constitution on Dispute Resolutions

ARTICLE 5 : OBJECTS

The objects of the OCM shall be:-

 

5.13. To do all things necessary with regard to settling a dispute or disputes as between a Member and the OCM, or as between a Member and another

Member, or as between a Member and its members.

5.14. To resolve a dispute or disputes of athletes and officials belonging to a

Member of OCM or a member belonging to a Member of OCM, amicably

through the means of mediation [an alternate dispute resolution (ADR)] or

through arbitration, whichever is deemed appropriate in the circumstances

of the matter.

5.15. The settlement of a dispute by mediation/arbitration shall be final with no further appeal to the courts for further adjudication.

This clearly shows that it is within the jurisdiction of OCM to look into settling disputes based on current set up and not necessary to set up another committee as is the case.

 

ARTICLE 6 : POWERS

The OCM shall be empowered:-

 

6.14 To settle any dispute that may arise between a Member and another

Member of OCM and between a Member of OCM and its own members.

6.15. Any member who fails to present himself after having received notice to settle a dispute referred to in this section, shall be deemed to have waived

his right to resolve the dispute and therefore the dispute could be settled

in his absence.

6.16. To take disciplinary action against a Member or an athlete or an official of OCM, who acts in breach or in violation of any of the provisions of the OCM’s Constitution.

 

10.1.6. exhaust all available internal processes and procedures pursuant to the Articles and By-Laws of the Constitution of OCM, with regards to any dispute or complaint or grievance before resorting to any other ramification.

 

ARTICLE 10:  MEMBERS’ OBLIGATIONS

10.1. A Member of the OCM shall:-

10.1.1. abide by the Constitution, By-Laws and any Rules or

Regulations issued from time to time.

 

10.1.6. exhaust all available internal processes and procedures pursuant to the Articles and By-Laws of the Constitution of OCM, with regards to any dispute or complaint or grievance before resorting to any other ramification.

 

10.2. Office-Bearers and representatives of the OCM and of Members of the

OCM shall:-

10.2.1. act honestly, fairly, prudently and in good faith and in the

interest of his organization and of sport;

10.2.2. exercise due care, fairness, diligence and skill of a reasonably

prudent person, in carrying out his duties and responsibilities;

10.2.3. no representative of the OCM is permitted to enter into any

business of the OCM when his position is in conflict of interest thereof; if permitted, he is required to declare such interest in writing and in advance for the prior approval of the Executive Board;

10.2.4. no office-bearer or representative of the OCM and its Members shall engage in any activity of any nature which may conflict with his duty and loyalty to the OCM and/or his organization, or which may reasonably be construed to be detrimental to the interest and reputation of either or both

organizations and of sports.

10.2.5. Office-bearers or representatives of the OCM, except for professional sports administrators, shall not accept any compensation or monies of any kind in consideration for their services or the performance of their duties.

 

ARTICLE 22 : DISPUTES

22.1 Any dispute between a Member and OCM, or with another Member of OCM or between a Member of OCM and any of its member (state or club or individual), shall be resolved amicably in the first instance through the

process of ADR, namely, mediation and if amicably resolved at this stage,

the matter shall be deemed fully settled with no further recourse.

22.2 Mediation shall be carried out by the process of appointing a mediator(s) by the parties concerned from the panel members of the ADR Mediation Committee of OCM. Before commencement of mediation, the mediator(s) shall be agreed to by both the parties concerned. The mediator’s role is that he acts independently and facilitates the mediation process. The procedure to be decided by the mediator and agreed to by the parties concerned. If the mediation is successful, the parties shall sign an agreement agreeing to the amicable settlement of the dispute and such agreement shall be final, conclusive and binding upon the parties.

22.3. If, however, mediation fails then the unresolved dispute shall be referred either to the Minister of Youth and Sports where his decision shall be final in accordance with Section 24 of the Sports Development Act 1997 or to arbitration where the parties to the dispute shall agree and consent to a

arbitrator(s) being appointed. The arbitrator(s) shall be appointed from the

panel members of the ADR Arbitration Committee of the OCM. The

governing Rules shall be made known to the parties concerned prior to the

appointment of the arbitrator(s). The role of the arbitrator(s) is to arbitrate

the dispute. He acts independently ad adopts an acceptable procedure as

agreed to be the parties or as provided by the rules. The arbitrator(s) shall

at the conclusion of the arbitration process, make an Award which shall be

binding on the parties concerned. The Award shall be binding on the

parties unless challenged in which case Article 22.5 shall apply.

22.4. The process of mediation and arbitration is an alternate means of resolving a dispute amicably pursuant to the Constitution and By-Laws of OCM.

22.5 Any decision after the process of arbitration may be submitted exclusively by way of an appeal to the International Court of Arbitration for Sport (ICAS) in Lausanne, Switzerland, which will resolve the dispute

definitively in accordance with the Code of Sports-Related Arbitration. The

time limit for appeal is twenty-one (21) days after the reception of the

decision concerning the appeal.

22.6. All national bodies shall first exhaust all available internal remedies if

possible, pursuant to the Article/Clause of its own Constitution including

disciplinary action before the commencement of the mediation or arbitration process.

22.7. The OCM ADR Committee shall evaluate all written disputes submitted to it, for further action as deemed justified.

Footnote; this is public knowledge and it is surprising that none of those who attended the Executive Board meeting are aware of the provisions in the constitution of OCM.

This clearly shows that selective choice of provisions of the sacred document are utilised to benefit circumstances.

I therefore call join the OCM Executive Board to respect the sanctity of its own constitution and they can start by putting right the appointment of the National Olympic Academy Director which currently violates its constitution.