On ratification of the International Convention against Doping in Sport
Law of the Republic of Kazakhstan dated December 7, 2009 № 220-IV
"Kazakhstanskaya Pravda" was from 09.12.2009, № 288 (26032), "Egemen Kazakhstan" 2009 zhyl 2 zheltoksan № 410 (25809), "Official Gazette" of 26.12.2009, the, № 52 (470) Bulletin the Parliament of Republic of Kazakhstan, 2009, № 24 (2553), Art. 120
Ratify the International Convention against Doping in Sport, adopted in Paris on 19 October 2005.
of Kazakhstan Nursultan Nazarbayev
AGAINST DOPING IN SPORT
Paris, October 19, 2005
The General Conference of the United Nations Educational, Scientific and Cultural Organization, hereinafter referred to as "UNESCO", at its 33rd session, held on 3-21 October 2005 in Paris,
Considering that the aim of UNESCO is to contribute to peace and security by promoting collaboration among nations through education, science and culture,
Referring to existing international instruments relating to human rights,
Considering resolution 58/5, adopted by the General Assembly of the United Nations, 3 November 2003 concerning sport as a means to promote education, health, development and peace, in particular paragraph 7,
Conscious that sport should play an important role in protecting the health, moral, cultural, and physical education and in promoting international understanding and peace,
Noting the need to encourage and coordinate international cooperation for the elimination of doping in sport,
Expressing concern over the use of doping by athletes in sport and its impact on their health, the principle of fair play, the elimination of fraud and the future of sport,
Mindful that doping puts at risk the ethical principles and educational values enshrined in the International Charter of Physical Education and Sport of UNESCO and the Olympic Charter,
Recalling that the Anti-Doping Convention and the Additional Protocol, adopted in the framework of the Council of Europe are the instruments of public international law, on which the policies and of intergovernmental cooperation in the fight against doping,
Recalling the recommendations on doping adopted by the Second, Third and Fourth International Conference of Ministers and Senior Officials Responsible for Physical Education and Sport, organized by UNESCO in Moscow (1988), Punta del Este (1999 ) and Athens (2004), as well as resolution 32 C / 9, adopted by the General Conference at its 32nd session (2003),
Taking into attention World Anti-Doping Code, adopted by the World Anti-Doping Agency on 5 March 2003 in Copenhagen at the World Conference on Doping in Sport, and the Copenhagen Declaration on Anti-Doping in Sport
Also taking into account the impact that top athletes have on young people,
Considering the need for expansion and ongoing research to improve methods of detection of doping and better understanding of the factors influencing its use, in order to maximize the effectiveness of strategies for the prevention of doping,
Considering the importance of education on an ongoing basis athletes, athlete support personnel and the general public on the prevention of doping,
Taking into account the need to strengthen the capacity of members to implement programs to combat doping
Considering that public authorities and organizations responsible for sport have complementary functions for the prevention of doping in sport and combat it, in particular to ensure the proper conduct of sporting events based on the principle of fair play and the health of their members,
Recognizing that these authorities and organizations must work together to achieve these goals for maximum independence and transparency at all appropriate levels,
Determined to take further and more active joint efforts to eradicate doping in sport
Recognizing that the elimination of doping in sport depends partly on the progressive harmonization of anti-doping standards and practices in sport and the cooperation of the national and global levels,
Adopts this Convention on the nineteenth of October 2005.
Article 1 - Purpose of the Convention
The purpose of this Convention in the policies and programs of UNESCO in the field of physical education and sport is to promote the prevention of doping in sport and combat it in its elimination.
Article 2 – Definitions
The following definitions should be interpreted in the context of the Code. However, in case of conflict, the provisions of the Convention advantage.
For the purposes of this Convention:
1. "Accredited doping control" means laboratories accredited by the World Anti-Doping Agency.
2. "Anti-doping organization" means an entity that is responsible for adopting rules for initiating, implementing or enforcing any part of the doping control process. This includes, for example, the International Olympic Committee, the International Paralympic Committee, other organizations holding major events and conduct testing at their, World Anti-Doping Agency, international federations and national anti-doping organizations.
3. "Doping violation" in sport means one or more of the following offenses:
(a) the presence of a prohibited substance or its metabolites or markers in a sample taken from the athlete;
(b) the use or attempted use of a prohibited substance or prohibited method;
(c) refusing to take tests or failure to appear at sampling without good cause after receiving notification in accordance with the anti-doping rules or otherwise evading sample collection from;
(d) violation of applicable requirements regarding athlete availability for competition testing, including failure to provide required whereabouts information and missed tests which are assigned based on reasonable rules;
(e) tampering or attempting to tamper, with any part of doping control;
(f) possession of prohibited substances or methods;
(g) trafficking in any prohibited substance or prohibited method;
(h) administration or attempted administration of a prohibited substance to any athlete, or the use or attempted use of a prohibited method against him, or assisting, encouraging, aiding, abetting, covering up or participation in any other form, related to the violation or any attempted violation of anti-doping rules.
4. "Athlete" for the purposes of doping control, any person who participates in sport at the international or national level, as defined by each National Anti-Doping Organization and accepted by States Parties, as well as any other person who participates in sport or participating in a sporting event at a lower level, as recognized by the States Parties. For the purposes of education and training programs, "athlete" means any person who participates in sport under the authority of a sports organization.
5. "Athlete support personnel" means any coach, trainer, manager, agent, team staff, official, medical or paramedical personnel working with athletes or treating athletes participating or preparing to participate in a sporting event.
6. "Code" means the World Anti-Doping Code, adopted by the World Anti-Doping Agency on 5 March 2003 in Copenhagen which is attached as Appendix 1 to this Convention.
7. "Competition" means a single race, match, game or singular athletic contest.
8. "Doping control" means the process including test distribution planning, Sample collection and handling, laboratory analysis, results management, hearings and appeals.
9. "Doping in sport" means the occurrence of violations of anti-doping rules.
10. "Duly authorized doping control teams" means doping control teams operating under the authority of international or national anti-doping organizations.
11. "In-competition testing" for purposes of differentiating between in-competition and out-test, if the rules of an International Federation or other relevant Anti-Doping Organization as otherwise provided, a test where an athlete is selected for testing in connection with a specific competition.
12. "International Standard for Laboratories" means the standard which is attached as Appendix 2 to this Convention.
13. "International Standard for Testing" means the standard which is attached as Appendix 3 to this Convention.
14. "No advance notice" means a doping control which takes place without prior warning to the athlete, which is continuously chaperoned from the moment of notification through Sample provision.
15. "Olympic Movement" means all those who agree to be guided by the Olympic Charter and who recognize the authority of the International Olympic Committee, namely the international federations of sports on the program of the Olympic Games, the National Olympic Committees, the Organizing Committees of the Olympic Games, athletes, judges and referees, associations and clubs, as well as all organizations and institutions recognized by the International Olympic Committee.
16. "Non-competition" doping control means any doping control which is not conducted in competition.
17. "Prohibited List" means the list which appears in Annex I to the Convention, in which the prohibited substances and prohibited methods.
18. "Prohibited method" means any method so described on the Prohibited List, which is included in Annex I to this Convention.
19. "Prohibited substance" means any substance so described on the Prohibited List, which is included in Annex I to the Convention.
20. "Sports organization" means any organization that serves as the body that sets the rules of the event for one or several sports.
21. "Standards for Granting Therapeutic Use Exemptions" means those standards that appear in Annex II to this Convention.
22. "Testing" means the parts of the Doping Control process involving test distribution planning, Sample collection, handling and sample transport to the laboratory.
23. "Therapeutic Use Exemption" means an exemption granted in accordance with the Standards for Granting Therapeutic Use Exemption.
24. "Use" means the application, ingestion, injection or consumption by any means whatsoever of any Prohibited Substance or Prohibited Method.
25. "World Anti-Doping Agency" (WADA) means the fund of that name established under Swiss law on 10 November 1999.
Article 3 - Means to achieve the objectives of the Convention
To achieve the objective of the Convention, States Parties undertake:
(a) at the national and international levels, appropriate measures, consistent with the principles of the Code;
(b) encourage all forms of international cooperation aimed at protecting athletes and ethics in sport and sharing the results of research;
(c) to promote international cooperation between States Parties and leading organizations in the fight against doping in sport, in particular with the World Anti-Doping Agency.
1. In order to coordinate the fight against doping in sport at national and international level, States Parties commit themselves to the principles of the Code as the basis for the measures provided for in Article 5 of the Convention. Nothing in this Convention shall prevent States Parties other measures in addition to the Code.
2. Code and the most recent version of Appendices 2 and 3 are for information purposes and are not an integral part of this Convention. Appendices as such do not create the States Parties any international legal obligations.
3. Notes are an integral part of this Convention.
Fulfilling the obligations set out in this Convention, each State Party undertakes to take appropriate measures. These measures may include legislation, regulation, policies or administrative practices.
This Convention does not alter the rights and obligations of States Parties which arise from other agreements previously concluded with the object and purpose of the Convention. This does not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Convention.
Article 7 - Domestic coordination
States Parties shall ensure the application of this Convention, by, in particular, domestic coordination. To fulfill its obligations under this Convention, States Parties may use the anti-doping organizations and sports institutions and organizations.
1. States Parties shall, where appropriate, measures to restrict the availability of prohibited substances and methods in order to restrict their use by athletes in the sport, except where such use is based upon a therapeutic use exemption. These include measures to control the spread of prohibited substances and methods among athletes and, therefore, measures to control the production, movement, importation, distribution and sale.
2. States Parties shall take measures to prevent and limit the use by athletes of prohibited substances and methods in sport and possession, except when they are used with the authorization of their therapeutic use, or, where appropriate, to encourage the adoption of such measures relevant entities, under their jurisdiction.
3. No measures taken in accordance with this Convention shall not prevent the availability for legitimate purposes of substances and methods that are otherwise prohibited or controlled in sport.
States parties must themselves or encourage sports organizations and anti-doping organizations to adopt measures, including sanctions or penalties against athlete support personnel in violation of anti-doping rule or other offense connected with doping in sport.
States Parties shall, where appropriate, to encourage producers and distributors of nutritional supplements to establish best practices in the marketing and distribution of nutritional supplements, including information on their chemical composition and quality assurance.
States Parties shall, where appropriate:
(a) provide funding within their respective budgets to support national testing program across all sports or assist sports organizations and anti-doping organizations in financing doping controls in the form of direct subsidies or grants, or by recognizing the costs of such controls when determining the overall subsidies or grants provided by those organizations;
(b) Take steps to withhold sport-related financial support to individual athletes or athlete support personnel who have been suspended following an anti-doping rule violation, during the period of their suspension;
(c) withhold some or all financial or other sport-related support from any sports organization or anti-doping organization, which does not comply with the Code or applicable anti-doping rules in the Code.
States Parties shall, where appropriate:
(a) promote and support sports organizations and anti-doping organizations within their jurisdiction of doping control in accordance with the Code, including proactive monitoring, non-competition and in-competition testing;
(b) Encourage and facilitate the negotiation by sports organizations and anti-doping organizations of agreements permitting their members to be tested by duly authorized doping control teams from other countries;
(c) undertake to assist their jurisdiction sports organizations and anti-doping organizations to gain access to an accredited doping control laboratory for testing for doping control.
Article 13 - Cooperation between anti-doping organizations and sports organizations
States Parties shall promote cooperation between anti-doping organizations, public authorities and sports organizations within their jurisdiction and those organizations and agencies under the jurisdiction of other States Parties in order to achieve the internationally agreed development goals of the Convention.
States Parties undertake to support WADA in the important mission to the international fight against doping.
Article 15 - Equal funding of the World Anti-Doping Agency
States parties to support the principle of equal funding of public authorities and the Olympic Movement approved annual core budget of the World Anti-Doping Agency.
Recognizing that the fight against doping in sport can only be effective if the athletes be tested without notice and timely transportation of samples to laboratories for analysis, States Parties shall, where appropriate and in accordance with domestic law and procedures:
(a) subject to the relevant regulations of the host countries assist WADA and anti-doping organizations, acting in accordance with the Code, and in the conduct of competitive-competition doping controls on their athletes both on its territory and abroad;
(b) assist in the timely movement across borders of duly authorized doping control teams for events Doping Control;
(c) cooperate to expedite the timely shipping or carrying across borders of samples in such a way as to ensure their safety and security;
(d) assist in the international coordination of doping controls by various anti-doping organizations, and cooperate to this end with the World Anti-Doping Agency:
(e) promote cooperation between doping control laboratories within their jurisdiction and those laboratories under the jurisdiction of other States Parties. In particular, States Parties with accredited doping control laboratory should facilitate assistance to laboratories within their jurisdiction of other States Parties in order to enable them to acquire the experience, skills, and learn the necessary methodology to create their own laboratories, if they so desire;
(f) encourage and support reciprocal testing arrangements between designated in accordance with the Code anti-doping organizations;
(g) mutually recognize the doping control procedures and results management, including the sport sanctions thereof, of any anti-doping organization in accordance with the Code.
1. A "Fund for the Elimination of Doping in Sport", hereinafter referred to as "the Voluntary Fund." Voluntary Trust Fund shall consist of funds raised in accordance with the Financial Regulations of UNESCO. All contributions of the participants, as well as other parties are voluntary.
2. The Voluntary Fund shall consist of:
(a) contributions made by States Parties;
(b) contributions, gifts or bequests which may be made available:
(i) other States;
(ii) organizations and programs of the United Nations, particularly the United Nations Development Programme United Nations and other international organizations;
(iii) public or private organizations or individuals;
(c) any interest due on the resources of the Voluntary Fund;
(d) funds raised through collections and donations of activities in favor of the Voluntary Fund;
(e) any other resources authorized by the Voluntary Fund, to be developed by the Conference of Parties.
3. Contributions of States Parties to the Voluntary Fund is not considered to be a replacement for States Parties to pay their share of the annual budget of the World Anti-Doping Agency.
The Voluntary Fund allocated by the Conference of the Parties for the funding of its activities, in particular to assist States Parties to develop and implement anti-doping programs in accordance with the provisions of this Convention and consistent with the purposes of the World Anti-Doping Agency, and can be used to cover costs associated with implementation of this Convention. Voluntary Fund may be attached to No political, economic or other conditions.
Article 19 - General principles of education and training
1. States Parties undertake, within their means, to support, develop and implement education and training programs on anti-doping. For the sporting community in general, these programs should aim to provide updated and accurate information on the following:
(a) the harm of doping to the ethical values of sport;
(b) effects of doping on health.
2. For athletes and athlete support personnel, especially at the beginning of their training, these programs should aim to provide updated and accurate information on the following:
(a) doping control procedures;
(b) the rights and responsibilities of athletes in regard to anti-doping, including information about the Code and the anti-doping policies of the relevant sports organizations and anti-doping organizations, including the impact of anti-doping rule violation;
(c) list of prohibited substances and methods, as well as the therapeutic use of prohibited substances;
(d) nutritional supplements.
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