The Macolin Convention: the entry into force of a match-fixing treaty
The Convention on the Manipulation of Sports Competitions (the Convention of the manipulation of Sports Competitions) originated within the Council of Europe and was opened for signature on September 18, 2014 by the Council of Ministers responsible for sport.
On May 16, 2019, Switzerland became the fifth country to ratify the Convention on the Manipulation of Sports Competitions, or the Macolin Convention.
Now that five countries have signed the treaty – Moldova, Norway, Portugal, Ukraine and Switzerland – the treaty will enter into force on September 1, 2019.
Belgium signed the treaty but has not yet ratified it.
The Macolin Convention, referring to the Swiss city where the treaty was concluded, aims to combat match fixing and match fixing and more generally the manipulation of sporting events.
Professional sports practice has been increasingly commercialized and mediatized in recent years. At the same time, an increasing number of illegal activities has also been observed since the turn of the century.
In particular, the rise of the gambling industry, often insufficiently controlled by the government, is cited in the treaty as a reason for the increasing number of cases of manipulation of sports competitions.
In addition to damaging the integrity of the sport, this also leads to economic damage. After all, professional sports competitions benefit from the unpredictability of results. A predictable competition will not attract viewers or sponsors.
Objective
The Macolin Convention must provide an answer to the above cross-border problems. Its main objective is to prevent, detect and punish manipulation of sports competitions.
Preventive measures
The first part of measures is preventive in nature. States Parties should encourage information, training and research to combat the manipulation of sporting events.
Measures regarding sports organizations
Sports organizations are encouraged to organize themselves in such a way that acts of competitive distortion are discouraged, including by prohibiting stakeholders in sports competitions (e.g. players) from placing bets on them.
Competitions where the risk of manipulation is greater should be monitored more intensively. In addition, sports organizations must provide a scheme in which whistleblowers are protected. The treaty also recommends appointing referees to officiate a particular match as late as possible. In this way, an attempt is made to protect the integrity of the referees and to prevent them from being approached with the request to manipulate a sporting match.
In order for a violation of the internal rules regarding the manipulation of sports competitions to be effectively punished, sports organizations must provide for disciplinary measures. However, any disciplinary sanction does not affect the possibility of civil or even criminal prosecution for the manipulation of a sports competition.
Measures against betting organizers
The contracting parties must then take measures with regard to sports betting organizers. Betting on sporting events for minors is prohibited, as are bets on sporting events of minor importance. After all, the risk of manipulation is high.
It should be made impossible for sports betting operators to bet on their own products. In addition, treaty parties are obliged to take measures to prevent a sports betting operator from abusing its position as a sponsor. Operators must also report suspicious bets to the competent authorities.
Furthermore, the Parties should, to the extent possible, limit access to illegal sports betting operators. This can be done, among other things, by blocking their website.
Creation of a national platform
The treaty provides for the establishment of a national platform responsible for the fight against the manipulation of sports competitions. The platform’s task is to collect and analyze information regarding suspicious sports betting. If it deems it necessary, the platform must forward this information to the sports organization in question or the competent authorities. The national platform therefore functions as a central coordination center for the fight against the manipulation of sports competitions.
Furthermore, each party to the treaty must ensure that the manipulation of sports competitions can also be punished under criminal law. Not only the manipulation itself is targeted, but also the laundering of the proceeds resulting from it.
The full text of the Macolin Convention can be found here: https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/09000016801cdd7e
More information about the Macolin Convention can be found here: https://www.coe.int/en/web/sport/manipulation-of-sports-competitions
For more information about match fixing / match fixing: https://www.sport advocaten.be/matchfixing-spelenvervalsing/