The UN experts Wednesday commended the International Olympic Committee (IOC) for considering allowing individual athletes from Russia and Belarus to take part in international sports competitions as neutral athletes.
"We urge the IOC to adopt a decision in that direction, and to go further, ensuring the nondiscrimination of any athlete based on their nationality," he added.
On January 25 and following discussions with two special rapporteurs, the executive board of the IOC issued a statement referring to the need to respect the rights of all athletes to be treated without any discrimination, following the Olympic Charter.
A few days after the Russian invasion of Ukraine in February 2022, the IOC recommended the ban of Russian and Belarusian athletes and officials such as judges from international competitions. The experts said the recent statement appeared to be a reversal of that policy.
"The IOC recommendation raised serious issues of direct discrimination because athletes should not be discriminated against based on their nationality," the UN experts said.
"We understand the desire to support Ukrainian athletes and the Ukrainian Olympic community, who suffer terribly from the war, together with all other Ukrainians," they said. "But the Olympic Committee and more widely the Olympic community has also the compelling obligation to abide by the Olympic Charter, and more widely international human rights norms prohibiting discrimination."
"When states so flagrantly ignore human rights, we have a greater obligation to stand in support of our common values," the experts added.
They said while understanding that all precautions must be taken to prevent sports competitions from being instrumentalised, no athlete should be required to take sides in the conflict.
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Referring to the IOC's condition that only Russian and Belarussian athletes who have not actively supported the war in Ukraine would be permitted to compete in a neutral capacity, the experts urged the IOC to take more steps to align its recommendations with international human rights standards on non-discrimination.
"This condition opens the door to pressure and interpretation. The same rules must apply to all athletes, whatever their nationality. This includes the rule that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited," they said.
The experts are Alexandra Xanthaki, special rapporteur in cultural rights, and Ashwini KP, special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance.