What alleged WADA non-compliance could mean for the Philippines

The Philippines is facing a possible ban on its flag not being flown in major sporting events such as the Olympics and the Asian Games.

The development was revealed on Friday after the Philippine Olympic Committee released a copy of a letter furnished to them by the World Anti-Doping Agency on the Philippine Sports Commission's non-compliance with the WADA code.

In the letter dated January 23, it is stated that "Should the outstanding non-conformities not be solved by 22 January 2024, the Philippines Sports Commission would be automatically alleged as non-compliant by WADA’s Executive Committee."

The January notice was a follow-up of a previous letter sent last September 22, 2023. However, the PSC was given 21 days or until February 13, 2024 "to dispute WADA’s allegation of non-compliance and/or the consequences of non-compliance and/or the reinstatement conditions proposed by WADA."

The PSC, meanwhile, said that the Philippine National Anti-Doping Organization (PHI-NADO) has reported to the government sports body that it is 'nearing closure' of WADA's requirements within the given 21-day period.

Pending conformities

WADA cited PSC's four outstanding non-conformities with the code:

• The PSC shall develop and implement a Test Distribution Plan
• "Include all RTP (Registered Testing Pool) athletes from sports or disciplines with an EPOs Minimum Level of Analysis (MLA) of 30% or greater in their ABP (hematological module) and that a minimum of three blood ABP tests be planned (as well as collected and analyzed)."
• The PSC shall share and maintain the list of its athletes in the RTP through WADA's management system
• The PSC shall prosecute cases in a timely manner and notify the parties, including WADA and the national anti-doping organization, about the said decision.

In the fourth point raised by WADA, it cited a case where an athlete was tested positive for a prohibited substance in 2016, but the athlete is yet to be notified, despite repeated follow-ups with the PSC.

Possible consequences

If the PSC would not dispute within the said time frame the non-conformities cited by WADA,  "the allegation of non-compliance will be deemed admitted, the consequences of non-compliance and the reinstatement conditions proposed by WADA will be deemed accepted, and this Formal Notice will automatically become a final decision with immediate effect."

However, if the government's sports agency will submit a dispute, then WADA will file a formal notice of dispute with the Court of Arbitration for Sport (CAS).

According to its website, CAS is "institution independent of any sports organization which provides for servic­es in order to facilitate the settlement of sports-related disputes through arbitration or mediation by means of procedural rules adapted to the­ specific needs of the sports world."

In the document given by WADA to the PSC, non-compliance with the code may result to:

• losing the Philippines' WADA privileges which includes holding WADA offices or being a member of its board or committees or receiving WADA funding for certain programs
• "The Philippines Sports Commission’s Representatives will be ineligible to sit as members of the boards or committees or other bodies of any Signatory (or its members) or association of Signatories until the Philippines Sports Commission is Reinstated."
• the Philippines will not be awarded hosting rights to regional, continental, and World Championships and events by Major Event Organizations
• "The Philippines’s flag will not be flown at regional, continental and World Championships, and Events, organized by Major Event Organizations"
• The Philippine flag will not be flown at the Olympics and the Paralympic Games

Flag ban in the Olympics

One recent example of a flag ban in a sporting event such as the Olympics was back in 2021 during the 2020 Tokyo Games.

In the 2020 decision, Russia was deemed non-compliant with the WADA code, which resulted in the CAS handing it a two-year ban, including the Tokyo Olympics, 2022 Winter Olympics in Beijing, and the 2022 World Cup in Qatar.

However, Russian athletes were still allowed to compete as long as they were clean. 

When the Olympics was held, Russian athletes were flying the 'ROC' flag, but the word 'Russia,' its flag, and its anthem were not allowed. The Russian flag colors of red, blue, and white were also allowed to be in the athletes' uniforms. 

In another case back in 2023, WADA fined the Olympic Council of Asia for allowing the flag of North Korea to be flown despite a ban imposed on the said country. The flag of North Korea was banned in major sporting events, outside of the Olympics and the Paralympic Games, due to non-compliance with doping rules. 

—JKC, GMA Integrated News