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Future Of FINA: Part 1 - Who Decides

Jun 1, 2011  - Craig Lord

This month, SwimNews considers the future of FINA as the governing body prepares to vote on constitutional change at an Extraordinary Congress in Shanghai this July, as outlined in our introductory article.

Fundamental difficulties at the heart of FINA are the decision-making process, accountability, a reluctance to deal with the balls and chains of history that it could so easily free itself from and genuinely celebrate the fine history that  is there for all to see (call it culture, and we shall return to that theme later in the series) - and communication, not just with the wider world of swimming but within the organisation. Time and again as a reporter I have spoken to senior figures at the helm of national, continental  and indeed the international federation on critical issues only to be told "I don't know", "as far as I'm aware, we've never discussed that", "the Bureau had no say in that decision", and so forth. 

There has been a tendency to blame one section or another for problems arising in the areas outlined above. But there are two sides to every coin and if accusations of abuse of position and power hold water, then so too does the view that those who feel left out, kept in the dark, believe decisions are taken in their name without their say so have a duty to ask questions, stand up, thump a tub and make sure that they are indeed informed all along the way and that they demand that of all who represent them and the sport of swimming at national and international level.

On suits in 2009, on the tragic death of Fran Crippen in 2010, in common with other moments of crisis down the years, FINA has given the impression of being out of control, a lack of clarity leading to accusations of skulduggery or  just plain incompetence. While such things cannot be ruled out, they are rarely the main cause of chaos. 

For explanation of why things go wrong, it is helpful to look at where FINA finds itself on the treadmill of history and development. In one sense, amateur days are long gone, replaced by a sport that spends several million dollars a year on prizes to athletes (the spoils go to the few but the corresponding commercial conditions imposed apply to all), spends sizeable amounts each year on development schemes, attracts vast sums from selling broadcast rights and enters into substantial commercial deals with "partners" and "sponsors".

On the other hand, the professional part of FINA comes down to a small operation based in Lausanne and headed by executive director Cornel Marculescu, a man who wields considerable executive power and as the workhorse at the centre of aquatic sports exercises it. Constitutionally, he has no vote at executive level, and therefore no ultimate accountability for the things that FINA does or does not do. That rests with the Bureau of just over 20 individuals, most with a vote and led by an executive that includes FINA President Dr Julio Maglione, of Uruguay, Honorary Secretary Paolo Barelli, of Italy, and Honorary Treasurer Pipat Paniangvait, of Thailand.

Those last two titles, regardless of who holds the position, carry substantial influence yet they are a throwback to an era when the secretary did indeed do secretarial work and the treasurer did indeed keep the books. Many argue today that those titles ought to be scrapped: the secretarial work and the book keeping work belongs to the professionals engaged to do that work under prevailing law and any relevant international standards and agreements. What is needed, say those who seek a more professional style of governance, is a board, renumeration attached and transparent in the books for all to see, with fixed tariffs for expenses and other costs that, again, are transparent.

The current system of "volunteers", some of who receive daily stipend rates so high that the sums cannot be considered as anything other than a living (but untaxed) wage, is common in international sports circles. Similar models can be found at the IOC, FIFA and many other international federations governing Olympic sports.

On the positive side, that system enables many who can far more comfortably be described as volunteers to take time out of work, sometimes away from family, to give of their time and energy and make a wonderful contribution to the sport and help to keep the show on the road. Time keepers, officials and others fall into this category, for example, while some who hold high office also double as officials who roll up their sleeves come the biggest of moments and play an active part in the running of meets on a number of levels.

On the negative side, the system is open to abuse. I know of commission members who have absolutely no knowledge or experience of the subject they are supposed to be an expert in, people who arrive, take their fee, pick up the kit, the t-shirt, the bag of freebies, eat the dinner, pick up a fat expenses fee (untaxed, unaccounted for by the individual) and then return home without having made a single contribution to the sport. They are there because they serve a political purpose higher up the food chain: you place my friend here and I will support what you call for and vote that way come the time. No point in anyone denying it: it happens and there has been ample proof of that down the years. 

All of which highlights a rub that is reflected in some of the power shifts inherent in the proposals for constitutional change below - not only is there a struggle in FINA to decide who decides but also who might be capable of deciding, who is worthy of making decisions, who really knows their sport, who is accountable, what the consequences of failure might be (a factor almost absent from the system, many believe) and where the voting power rests, among individuals and entire continental groupings.

Even those at the heart of FINA often find it hard to fathom out who has decided what and with what authority, while surprise is often expressed by those unfamiliar with the system and the rule book when decisions appear out of the blue. In May, for example, FINA issued a raft of new bylaws for aquatic sports in a release to federations around the world, a move necessary because those laws do not appear in the current FINA Handbook. Many ask such questions as "how is that possible", and "doesn't Congress have to agree those"? Many of the answers (but not all), can be found in the FINA Constitution that many in the sport are unfamiliar with. Just as significant to knowing who decides is who is then responsible for getting the information down to the miners: after FINA (at whatever level) takes a decision, the flow of information from international to domestic federation may then take many months to reach professional coaches and others at the coal face of the sport - if the information reaches them at all in some cases.

Consultation with users, so to speak, is poor. Witness what happened on suits but also on starting blocks of late, where no-one bothered to ask the most important people: the swimmers (when it came to devising backstroke models in particular).

Given all of that surface background, Part 1 of our series starts at the bedrock with a look at some of the constitutional changes proposed by FINA and the shift of power that is inherent in those proposals, including extending the powers and roles of the FINA President and granting more power under certain circumstances to the office of Honorary Secretary, a role that some in world swimming would like to see abolished altogether. The proposals also redefine the role of Executive Director and outline the chain of responsibility, control of and duties of the incumbent. 

Not the most digestible of stuff below but it is the bone on which the meat of swimming power rests.

PROPOSALS FOR CONSTITUTIONAL CHANGE

The current constitution in full.

(renumbered existing clauses and large parts of the existing constitution and likely to be left in current form, are excluded for the purpose of this exercise; all proposed rewording and/or changes to the constitution are in italics) 

NAME

Until now, the name of the organisation has sat in the constitution as just that: a name. The proposal is to add FINA's function as  "the world governing body for the sport of Aquatics". Rule C1 is called Name but may then also need to be changed to "Name and Function (or Purpose)". Consideration is given in rule 3 to the term "sport of Aquatics", which in fact covers five Olympic sports.

SITE

It is proposed to change rule C 2 from "Site" to "Legal status and headquarters". Currently, the constitution states that FINA shall be located in the City of Lausanne, Switzerland. The proposal is to introduce a degree of flexibility, while noting the superb tax arrangements inherent for Olympic sports bodies that base themselves in the backyard of the International Olympic Committee. The new wording would be: "FINA is established for an indefinite period with legal status as an association in accordance with Art. 60ff of the Swiss Civil Code. FINA has its headquarters in the city of Lausanne, Switzerland."

DEFINITIONS

Wide-ranging change is proposed for rule C3, or definitions, with five of seven new entries placed at the top of what swells from 11 to 18 points proposed, as below. The choice of words and subtle changes to those in some cases remove a degree of authority from FINA Congress. The proposals: 

  • C 3.1 Aquatics - means swimming, open water swimming, diving, water polo, synchronised swimming and Masters programme/activity.
  • C 3.2 Club - means a club or society of competitors affiliated to a Member Federation. 
  • C 3.3 Competitions shall include FINA world championships, world cups, world leagues and world series events and tournaments, events sanctioned by FINA Members, and international events in any of the aquatics disciplines. 
  • C 3.4 Competitor - means a person who takes part in competitions.
  • C 3.5 Continental Organisations - mean organisations formed by the FINA Member Federations from the same geographical Continent.
  • C 3.6 FINA Bureau - means all Bureau Members elected or serving in accordance with C 17 and C 15.6.
  • C 3.7 FINA Executive - means the Executive Committee consisting of five (5) Members - the FINA President, the FINA Honorary Secretary, the FINA Honorary Treasurer and two members to be nominated by the President in consultation with Continental Organisations, each of them from different Continents in accordance with C 17.6.
  • C 3.8 FINA Other Committees - means any committee including all members appointed by the Bureau for special tasks in accordance with FINA Rule C 18.1.2 and C 18.2. 
  • C 3.9 FINA Rules - mean the Constitution, General Rules, By-laws, Technical Rules, Facilities Rules, Medical Rules, Doping Control Rules, and any other regulations adopted by FINA.
  • C 3.10 FINA Technical Committees - means the FINA Technical Committees one for each of the five FINA disciplines and Masters including all members therein appointed by the Bureau in accordance with FINA Rules C 18.1.1 and C 18.2. 
  • C 3.11 Officers - mean the President, the Honorary Secretary and the Honorary Treasurer.
  • C 3.14 Member Federation shall mean the Federation affiliated to FINA in a country or Sport Country recognized by FINA in accordance with C 8
  • C 3.16 Swimsuits worn by competitors - whenever used in these rules means the attire worn by competitors. (replaces the term "costumes")

 OBJECTIVES 

  • C.5 The objectives of FINA are: 
  • C 5.1 to promote and encourage the development of Aquatics [replacing the word "swimming"] 
  • C 5.2 to provide drug free sport (as is)
  • C 5.3 to promote and encourage the development of international relations (as is)
  • C 5.4 to encourage participation in Aquatics disciplines at all levels throughout the world regardless of age, gender or race,
  • C 5.5 to adopt necessary uniform rules and regulations and to hold competitions in Swimming, Open Water Swimming, Diving, Water Polo, Synchronised Swimming, and Masters, 
  • C 5.6 to organise World Championships and other FINA competitions, 
  • C 5.7 to encourage the increase of facilities for Swimming Aquatics disciplines throughout the world with the support of other interested parties

MEMBERSHIP 

C.7

  • C 7.2 Only one Member Federation from each country or Sport Country may be affiliated to FINA, and such Member shall be recognised by FINA as the only national governing body for Aquatics in such country or Sport Country. The jurisdiction of a Member shall be limited to the political boundaries of the country or Sport Country that it represents.
  • C 7.4 Members must seek approval of the FINA Bureau for any change of name and/or constitution before such changes are valid.

RIGHTS AND DUTIES OF MEMBERS 

C.8

  • C 8.1.3 to be recognised as the only Aquatics [replacing the word "swimming"] governing body of its Country or Sport Country, by everybody, including its National Olympic Committee. 
  • C 8.2 All Members are obliged 
  • C 8.2.5 to insert in its constitution, rules and regulations such provisions as may be required by the FINA Rules, 
  • C 8.2.6 to manage its affairs independently and not be influenced by third parties,
  • C 8.2.7 to participate in International Aquatics Competitions especially in the FINA World Championships and other FINA competitions,
  • C 8.2.8 to hold elections at least every four years, to notify FINA of the dates and the location of the elections, and to provide FINA the minutes of its Congress no later than 60 days after conclusion of the Congress.

MEMBERSHIP

Among additions proposed for all those wishing to join FINA is "a formal undertaking to observe and abide by the FINA Rules and the World Anti-Doping Code."

C9 APPLICATION FOR MEMBERSHIP 

  • C 9.1 Application for membership shall be submitted to the FINA Bureau with 
  • C 9.1.2.1 its official address and contact details;
  • C 9.1.2.2 a copy of its current constitution and rules and regulations;
  • C 9.1.2.3 a list of its main officers;
  • C 9.1.2.4 a list of its active membership (i.e. number of clubs, athletes, coaches, officials);
  • C 9.1.2.5 a formal undertaking to observe and abide by the FINA Rules and the World Anti-Doping Code.

C 10 TERMINATION OF MEMBERSHIP 

  • C 10.3 The FINA Bureau shall have the power to expel or suspend a Member for significant violation of the FINA Rules. The respective Member is allowed to appeal the Bureau’s decision to the next General Congress. From the decision of the General Congress, the respective Member Federation may appeal to the CAS.

SANCTIONS

The proposal for a sanction to be imposed for any who "falsely and openly question the integrity of FINA" is one that will surely raise questions. For example: who judges what is false? And is it possible in law to interpret the "openly" as being separate from  the "falsely", thus carrying the potential to stifle genuine and legitimate debate about aspects of FINA governance, particularly at times of crisis. There is also provision made for any who may be falsely accused of falsely questioning FINA to appeal to CAS should sanction be imposed.

C 12 SANCTIONS 

  • C 12.1.3 for bringing the sport into disrepute including but not limited to falsely and openly questioning the integrity of FINA
  • C 12.3 Sanctions shall be imposed by the FINA Executive except in cases involving violation of DC Rules in accordance with C 12.5 and in cases referred to the Disciplinary Panel in accordance with C 12.6. 
  • C 12.9 Appeals 
  • C 12.9.2 A Member, member of a Member, or individual sanctioned by the Doping Panel or Disciplinary Panel may appeal the decision directly to CAS.

C 14 CONTINENTAL ORGANISATIONS 

  • C 14.3 FINA may in exceptional circumstances authorise a continental organisation to grant membership to a federation that belongs geographically to another continent and is not affiliated to the continental organisation on that continent. 
  • C 14.4 Each continental organisation shall hold elections at least every four years, notify FINA of the dates and the location of the elections, and provide FINA the minutes of its Congress.
  • C 14.5 Championships/Games FINA Sanction 

The championships/games shall be supervised by one or more FINA representatives. The Organising Committee of championships/games shall provide full board accommodation and travel expenses for the FINA Delegate(-s). 

C 15 GENERAL CONGRESS 

  • C 15.2 The General Congress of FINA shall consist of: 
  • C 15.2.1 two (2) duly appointed delegates of each affiliated Member. Each delegate shall have one vote, provided, however, where a Member is represented by only one delegate, such delegate shall be entitled to two votes. Notice of the appointment of delegates, certified in writing by the Member they represent, must be lodged with the FINA Executive Director at least thirty (30) days [Executive Director replacing the Honorary Secretary] prior to the commencement of the Congress. A Member may have no more than two delegates present at the General Congress. 
  • C 15.2.2 all members of the Bureau who may speak but will have no vote, 
  • C 15.2.3 the Honorary Life President who may speak but will have no vote, and 
  • C 15.2.4 all Honorary Members who may speak but will have no vote
  • C 15.2.5. A Member may participate and vote in a meeting of the General Congress provided that:
  • C 15.2.5.1 it has paid all membership fees due to FINA; and
  • C 15.2.5.2 during the preceding twelve (12) months it has participated in at least one International Aquatics Competition (the FINA World Championships, other FINA competitions, Continental Competitions, Regional Competitions or other international Competitions); and
  • C 15.2.5.3 it is not suspended.
  • C 15.2.6 A Member that is not suspended but is otherwise in breach of FINA Rules or other FINA requirement may participate at the meeting of the General Congress but shall not be eligible to vote unless the Bureau determines that there was a justifiable reason for the breach in question.
  • C 15.2.7 Members shall only be represented by delegates. Delegates shall be affiliated to the Member which they represent. A delegate may represent only one Member.
  • C 15.2.8 Continental Organisations as listed in C 4 may appoint up to 3 representatives who may attend the General Congress as observers.
  • C 15.3 The President of FINA, or in his absence the Honorary Secretary, shall preside at all General Congress meetings [Honorary Secretary replacing "one of the Vice-Presidents appointed by the Bureau].
  • C 15.4 The General Congress shall be convened every four (4) years before the opening of the FINA World Championships (50m). (rule reads on as is).
  • C 15.5 A special or extraordinary meeting of the General Congress shall be convened by a decision of the Bureau or upon receipt of a written request of one third of the Members. The FINA Honorary Secretary shall call such a meeting, not to be held earlier than five (5) months from the date of the notice, which shall state the  date, location and agenda for the meeting. No subject shall be discussed at the special meeting other than the matters stated in the requisition. The quorum shall be thirty (30) Members [an increase from 20].(rule reads on as is).
  • C 15.7 The General Congress has a quorum if more than half of the Members are represented. If a quorum is not present at the previously announced opening time of the Congress, the meeting shall not open until one hour later, at which time the quorum shall not be fewer than fifty (50) [replacing 40] Members. Decisions by the Congress are made on vote of a majority of those Members present and voting. 
  • C 15.8 At each regular General Congress the following items shall be included on the agenda: 
  • C 15.8.2 report of the Bureau on its activities during the time since the previous  General Congress presented by the FINA President,
  • C 15.10 Any alteration of or addition to the Constitution agreed upon by the Congress shall become effective immediately unless otherwise determined at the time of such approval. Any alteration of or addition to the General Rules agreed upon by the Congress shall not become effective earlier than two (2) months after the decision has been made,  unless otherwise decided by the Congress. 

C 16 TECHNICAL CONGRESS 

  • C 16.3 The Technical Congress shall consist of: 
  • C 16.4 The President of FINA, or in his absence the Honorary Secretary shall preside at all Technical Congress meetings [replacing "one of the Vice-Presidents appointed by the FINA Bureau].
  • C 16.8 Any alteration of or addition to the Technical Rules agreed upon by the Technical Congress shall not become effective earlier than two (2) months after the decision has been made unless otherwise decided by the Technical Congress.

BUREAU

The importance of use of the English language and the interpretation of that is highlighted  in C.17, where the words "or confirmed" may be added to the phrase that says Congress shall elect the Bureau. Among questions of language and interpretation: The proposed change does not clarify in the same place whether Congress has the authority to veto a choice made by others.

C 17 BUREAU 

  • C 17.1 The Bureau shall consist of: 
  • C 17.1.4  five (5) Vice Presidents one from each of the five Continents,
  • C 17.1.5 fifteen (15) additional members [up from 14]. 
  • C 17.1.7 The Chairman of the Athletes Committee shall be a member of the FINA Bureau. 
  • C 17.1.8 The maximum age of the elected Bureau Members C 17.1.1- C 17.1.5 must be no more than eighty (80) years in the year of the election for the FINA Bureau. 
  • C 17.3 The voting members of the Bureau shall be elected or confirmed by the General Congress. All the Bureau members, except the Honorary Life President, the Immediate Past President, the Immediate Past Honorary Secretary the Immediate Past Honorary Treasurer and the Chairman of the Athletes Committee, shall be of different countries or Sport Countries.  Candidates for voting Bureau membership shall be proposed by the Member from which they come. Persons not actually in attendance may be elected if a written declaration of consent is presented. 
  • C 17.3.1 The newly elected FINA Bureau shall take office at the conclusion of the FINA World Championships (50m).
  • C 17.4 The FINA Bureau shall consist of twenty three (23) members. Fifteen (15) members shall be elected by the General Congress in accordance with the elections of their respective continental organisations and the following geographical representation: 
  • C 17.4.1 three (3) from Africa, 
  • C 17.4.2 four (4) from America, 
  • C 17.4.3 three (3) from Asia, 
  • C 17.4.4 four (4) from Europe, 
  • C 17.4.5 one (1) from Oceania. 
  • The Continental Organisations shall inform in writing the FINA Executive Director at least three (3) months in advance of the names of their candidates. Only candidates proposed by the respective Continental Organisations can be presented for vote in the General Congress. 
  •  C 17.4.6 Another eight (8) members shall be elected from the world at large, not exceeding one (1) from Africa, two (2) from Asia, one (1) from Oceania, two (2) from the Americas and two (2) from Europe.
  • For this election, candidates must be nominated in writing to the FINA Executive Director at least three (3) months before the Congress by the Member Federation to which they are affiliated
  • C 17.5.4  The President, the Honorary Secretary and the Honorary Treasurer must be from different Continents. 
  • C 17.5.5 Five Vice Presidents who shall be elected on the basis of continental representation, one for each of the continents of Africa, America, Asia, Europe, and Oceania. At the election of the Vice Presidents only the Members from the respective continents may nominate and vote on their candidates. The Continental Organisations shall inform in writing the FINA Executive Director at least two (2) months in advance of the name of the elected Vice-President by the Continental Congress. Only candidates proposed by the respective Continental Organisations can be presented for vote by the General Congress.
  • C 17.6 The Executive Committee shall consist of  five members, the President, the Honorary Secretary, the Honorary Treasurer and two other members to be nominated by the President in consultation with Continental Organisations, to achieve the representation of the five continents.  The Executive Committee will be responsible for making decisions on matters referred to it in the FINA Rules and Regulations or matters referred to it by the Bureau or for other cases, which need decisions between the meetings of the Bureau. 
  • C 17.9 The travel and hotel expenses of the Bureau Members and Honorary Members when travelling on FINA missions or appointments shall be paid by FINA. The Honorary members will be invited to the FINA World Championships and only if possible to the Olympic Games.
  • C 17.10 Any vacancy in the office of President shall be filled for the remaining term by the Honorary Secretary. Otherwise, the Bureau shall have the authority to fill any vacancy,  until the next General Congress, which occurs through death or resignation of any member of the Bureau elected in accordance with C 17.3 or of any Committee member, subject to compliance with the appropriate geographical representation set out in C 17.4 and consultation with the respective Continental Organisation. 
  • C 17.12.8 to appoint the FINA Financial Auditors in accordance with the FINA Rules
  • C 17.12.14 to appoint the Executive Director on proposal of the FINA President. The Executive Director shall attend all FINA meetings. The Executive Director shall be an ex officio member of the Bureau without vote. The Executive Director shall manage the FINA Office. 
  • C17.14 The principal elected officer of FINA shall be the President. 
  • C17.14.1 The President shall inter alia have the following roles and duties:
  • C17.14.1.1 to preside at all meetings of the Congress, the Bureau and the Executive Committee.
  • C17.14.1.2 to represent FINA in all dealings with the IOC and the Association of Summer Olympic International Federations (ASOIF) and any other relevant international organisations.
  • C17.14.1.3 to negotiate or oversee the negotiation of all major contracts on behalf of FINA in consultation with the members of the Executive Committee and Executive Director.
  • C17.14.1.4 to evaluate the performance of the Executive Director and make an annual report to the Bureau in this regard.
  • C17.14.1.5 to be an ex officio member of all Committees and Commissions.
  • C17.14.1.6 to create any task force or working group he may deem necessary or advisable to address any urgent situation.
  • C17.14.1.7 to be responsible, as the principal elected officer of FINA, for the oversight of the operations of the FINA Office and, where appropriate, to take such measures as he may deem necessary for the proper administration of FINA. He shall periodically report to the Bureau in this regard. Such oversight shall be conducted in close co-operation with the Executive Director.
  • C17.14.1.8 to maintain relations with the Confederations, Members, commissions and committees
  • C17.14.2 The Honorary Secretary shall have the following roles and duties:
  • C17.14.2.1 in the absence of the President conduct the Congresses and FINA Bureau Meetings with all the rights and duties,
  • C17.14.2.2 represent FINA in the absence of the President with the occasion of FINA competitions, ceremonies or other activities requiring the presence of the highest FINA authority. 
  • C 17.14.2.3 coordinate in cooperation with the Executive Director:
  •  - the FINA relations with the Continental Organisations
  •  - the World Competition Calendar in coordination with the Continental Organisations
  •  - the FINA Committees agendas
  •  - finalizing the minutes from the meetings of Congress, Bureau and Executive.
  • C17.14.3 The Honorary Treasurer shall have the following roles and duties:
  • C17.14.3.1 chair the Finance Committee,
  • C17.14.3.2 fulfill the obligations as specified in FINA Rule C 24.1 and C 24.2,
  • C17.14.3.3 be responsible for the financial planning of FINA,
  • C17.14.3.4 supervise the current amount of income and expenditure,
  • C17.14.3.5 draw up the four-year budget together with the FINA Executive Director and the FINA Accounting Department,
  • C 17.14.4 The FINA Office shall carry out all the administrative work of FINA under the direction of the Executive Director.
  • C 17.14.5 The Executive Director is the chief executive of the FINA Office
  • C 17.14.6 The Executive Director shall be appointed on the basis of an agreement governed by private law.
  • C 17.14.7  The Executive Director shall be responsible for:
  • C 17.14.7.1 implementing decisions passed by the Congresses, Bureau and Executive in compliance with the President’s directives;
  • C 17.14.7.2 properly managing and keeping the accounts of FINA;
  • C 17.14.7.3 compiling the minutes for the meetings of the Congress, Bureau meetings and Executive Committee meetings
  • C 17.14.7.4 FINA’s correspondence;
  • C 17.14.7.5 coordination of the Confederations, Members, commissions and committees;
  • C 17.14.7.6 the appointment and dismissal of staff working in the FINA Office in consultation with the FINA President.
  • C 17.14.7.7 signing decisions on behalf of any FINA Committee, provided that no other ruling exists in the respective regulations. 

C 18 COMMITTEES 

  • For the first time a number of commissions would take on the status of committees
  • C 18.1 FINA shall have Technical Committees, Other Committees and FINA Jurisdiction Panels.
  • C 18.1.1 The Technical Committees are:
  • C 18.1.1.1 the Swimming Committee consisting of 15 members,
  • C 18.1.1.2 the Open Water Swimming Committee consisting of 15 members,
  • C 18.1.1.3 the Diving Committee consisting of 15 members,
  • C 18.1.1.4 the Water Polo Committee consisting of 15 members,
  • C 18.1.1.5 the Synchronised Swimming Committee consisting of 15 members,
  • C 18.1.1.6 the Masters Committee consisting of 15 members,
  • C 18.1.2 The Other Committees are:
  • C 18.1.2.1 the Sports Medicine Committee consisting of 8 members,
  • C 18.1.2.2 the Doping Control Review Board (DCRB) consisting of 8 members,
  • C 18.1.2.3 the Athletes’ Committee consisting of up to 12 members,
  • C 18.1.2.4 the Coaches’ Committee consisting of up to 12 members,
  • C 18.1.2.5 the Finance Committee consisting of up to 4 members,
  • C 18.1.2.6 the National Federation Relations Committee consisting of up to 5 members,
  • C 18.1.2.7 the Development Committee consisting of up to 5 members,
  • C 18.1.2.8 the Legal Committee consisting of up to 5 members,
  • C 18.1.2.9 the Media Committee consisting of up to 10 members,
  • C 18.1.2.10 the Awards Committee consisting of up to 5 members.
  • C 18.1.3 FINA Jurisdiction Panels:
  • C 18.1.3.1 - the FINA Doping Panel consisting of 6 members,
  • C 18.1.3.2 - the FINA Disciplinary Panel consisting of 6 members,
  • C 18.1.4 The Bureau shall be entitled to nominate any kind of Ad Hoc Committee or Working Commission when it is considered appropriate. 
  • C 18.2.1 
  • The members of the Technical Committees and the Other Committees shall be appointed by the Bureau at its first meeting, subject to the approval of the Member Federation to which each appointee is affiliated. Members appointed for a committee shall be from different Member Federations.
  • C 18.2.2 FINA Committee members shall serve at the pleasure of the FINA Bureau and may be appointed for such number of successive terms as considered appropriate by the FINA Bureau. The chairman of the Technical and Other Committees, except of Sports Medicine Committee, DCRB and Doping Panel, shall be appointed only for three (3) terms maximum.
  • C 18.2.3 Members may nominate persons for consideration for appointment to a FINA Committee by providing notice of such nomination in writing, signed by the President of such Member, to FINA Office two (2) months prior to the commencement of the General Congress.
  • C 18.2.4 Nominated persons shall be:
  • C 18.2.4.1 in the case of a Technical Committee, those who are recognised experts in the respective discipline, capable of, and interested in, actively and regularly attending the meetings of such Technical Committee;
  • C 18.2.4.2 in the case of the Sports Medicine Committee, those who are qualified sports medicine physicians in active practice or academic positions with experience with Aquatic athletes and are capable of, and interested in, actively and regularly attending the meetings of the Sports Medicine Committee;
  • C 18.2.4.3  in the case of any other Committees, those who are knowledgeable in and skilled in the area for which the committee has been established, capable of, and interested in, actively and regularly attending the meetings of such committee.
  • C 18.2.5 From the members appointed to the FINA Technical Committees, the Masters Committee, the Coaches Committee and the Sports Medicine Committee, the FINA Bureau shall appoint a Chair, a Vice- Chair and an Honorary Secretary for each FINA Committee, and such individuals, together with the FINA Bureau Liaison (as defined in C 18.6), shall be known as the “Commission” for the respective FINA Committee. The Chairman of these Commissions shall be the FINA Bureau Liason.
  • C 18.2.6 Subject to the supervision of the FINA Bureau, the Technical and Masters Committees shall be responsible for:
  • C 18.2.6.1  the conduct of the competition in the respective discipline, 
  • C 18.2.6.2 the control of all technical equipment and installations prior to and during the event,
  • C 18.2.6.3 making rosters for officials, and
  • C 18.2.6.4 investigating cases of protest as preparation for the Jury of Appeal.
  • C 18.4 The absolute majority of members (50% plus one member) shall form a quorum at any meeting of the Committee. [replacing the specification of "seven members].
  • C 18.6 The FINA Bureau shall have the authority to fill any vacancy which occurs through death, resignation or removal of any member of the Technical or Other Committee.
  • C 18.7 For any Committee, the Bureau may appoint a Bureau Member who shall serve as ex officio to the Committee and ensure necessary communication between the Bureau and the Committee. This person shall be known as the Bureau Liaison. The Bureau Liaison shall have the obligation of participating in the Committee’s meetings and discussions and fairly and accurately representing the activities and decisions of the Committee to the Bureau. The Bureau Liaison shall be an advocate for the Committee regardless of his/her personal views.
  • C 18.8 For the purposes of membership on the Athletes Committee, all athletes on the Committee must have competed at the World Championships and/or Olympic Games for their country.  In addition, each athlete must be a current athlete in the sport or be within 12 years since the date of their last competition at an Olympic Games or World Championships.
  • The chairman of the Athletes Committee shall be proposed by the President and confirmed by the Bureau.
  • C 18.9 All recommendations or decisions made by any Committee require the approval of the Bureau before becoming effective. 

C 19 POWERS AND DUTIES OF THE TECHNICAL COMMITTEES 

  • C 19.1 The powers and duties of the Technical Swimming, Open Water Swimming, Diving, Water Polo, Synchronised Swimming and Masters Committees are: 
  • C 19.1.1 to analyse the requirement for improvements of the Technical Rules for Swimming, Open Water Swimming, Diving, Water Polo, Synchronised Swimming and Masters, and to consider corresponding proposals received from any Member. When the Technical Committee decides on a proposal on amendments or changes to the Technical Rules, the decision by vote should be made with at least two thirds (2/3) positive vote of the participants on the respective Technical Committee Meeting. 

C 20 POWERS AND DUTIES OF THE OTHER COMMITTEES 

  • C 20.1 The composition, specific duties and powers of the individual committees shall be stipulated in special organisation regulations.
  • C 20.2 Each Committee may propose amendments to its regulations to the FINA Bureau.
  • C 20.3 Sport Medicine Committee
  • The Sport Medicine Committee shall deal with all medical aspects of all Aquatic disciplines.
  • C 20.4 The powers and duties of the Athletes Committee are:
  • C 20.4.1 to bring input of athletes’ experience to the organization of FINA World Championships,
  • C 20.4.2 to collaborate in the Technical Rules proposals and amendments for each discipline,
  • C 20.4.3 with the occasion of FINA World Championships, to be in contact with participating athletes and bring forward their suggestions and remarks.
  • C 20.4.4 The representative of Athletes Committee shall participate in the Technical Committee meeting in disciplines where he is specialized.
  • C 20.4.5 The Chairman of the Athletes Committee as an ex officio member of the FINA Bureau shall bring on any issue/problem that athletes experience when required.
  • C 20.5 The powers and duties of the Coaches Committee are:
  • C 20.5.1 in the coordination with the Development Committee, to fulfil FINA development programme requirements,
  • C 20.5.2 to participate in the Coaches Certification programme for each discipline,
  • C 20.5.3 to bring the coaches experience and requirements with occasion of FINA Competitions to the respective management committee of the event,
  • C 20.5.4 to be in a contact and bring forward recommendations and proposals from the coaches around the world,
  • C 20.5.5 to advise on any proposal or amendments to Technical Rules for each discipline
  • C 20.6 Finance Committee
  • C 20.6.1 The Finance Committee shall be proposed by the President and approved by the Bureau. The Finance Committee shall be chaired by the Honorary Treasurer and may include such other members as the Bureau may deem particularly suited to contribute to oversight the financial affairs of FINA by virtue of their relevant expertise and experience.
  • C 20.6.2 The Finance Committee shall analyse the FINA Budget and the Financial Statement prepared by the FINA Office and submit them to the FINA Bureau for approval.
  • C 20.7 The powers and duties of the National Federations Relations Committee are:
  • C 20.7.1 to deal with any issue concerning the autonomy of FINA Members,
  • C 20.7.2 to send delegates if requested by FINA Executive when there is a violation of FINA Rules, especially when interference of other parties in the autonomy of FINA Members occurs,
  • C 20.7.3 to make proposals on rules and regulations related to the FINA Members Autonomy and independence.
  • C 20.8 The powers and duties of the Media Committee are:
  • C 20.8.1 to supervise the functioning of the FINA Communication Department.
  • C 20.8.2 to lease FINA Communication Department a net of journalists around the world especially on the territories of FINA Members,
  • C 20.8.3 to meet and coordinate with the Organising Committees of FINA Competitions,
  • C 20.8.4 to provide the necessary services to the media around the world,
  • C 20.8.5 to update the media guide for FINA Competitions,
  • C 20.8.6 to take all necessary efforts to preserve the best image of FINA and all Aquatics sports around the world.
  • C 20.9 The Powers and Duties of the Legal Committee are
  • C 20.9.1 to provide legal expertise to the Bureau and to give recommendations regarding legal matters whenever needed.
  • C 20.9.2 to assist the Bureau, Committees and the Commissions drafting amendments to the FINA Rules.

DOPING CONTROL REVIEW BOARD (DCRB) 

  • C 21.1 The FINA Doping Control Review Board (DCRB) shall consist of eight persons appointed by the Bureau. No two members of the DCRB shall be from the same country or Sport Country.  A majority of the Members of the DCRB shall be either physicians licensed in internal medicine, endocrinology, clinical pharmacology or sports medicine, with specific training in interpretation of urine steroid profiles, or analytical chemists with experience in WADA accredited laboratories or their equivalent. 
  • C 21.1.1 Members shall nominate persons for consideration for appointment to the DCRB by providing notice of such nomination in writing signed by the President of the Member to the FINA Executive Director prior to the commencement of the General Congress.
  • C 21.1.2 Members of the DCRB shall be appointed by the FINA Bureau, at its first meeting following its election in accordance with applications received from individuals nominated by the Member Federation to which they are affiliated.
  • C 21.1.3 Members of the DCRB shall serve at the pleasure of the FINA Bureau; and may be appointed for such number of successive terms as considered appropriate by the FINA Bureau

C 22 DOPING PANEL 

  • C 22.2 Members shall nominate persons for consideration for appointment to the FINA Doping Panel by providing notice of such nomination in writing, signed by the President of the Member, to the FINA Executive Director at least two (2) months prior to the commencement of the General Congress.
  • C 22.2.2 Members shall nominate persons for consideration for appointment to the FINA Doping Panel who are known for their ability, their impartiality and their knowledge about the FINA Rules as well as their experience of sport in general and the Aquatic sports in particular. They shall also have legal training and experience and experience and knowledge of doping matters.
  • C 22.2.3 Members of the FINA Doping Panel shall be appointed by the FINA Bureau, at its first meeting following its election in accordance with applications received from individuals nominated by the Member to which they are affiliated.
  • C 22.2.4 Members of the FINA Doping Panel shall serve at the pleasure of the FINA Bureau and may be appointed for such number of successive terms as considered appropriate by the FINA Bureau.
  • C 22.2.5 On the proposal by the President, the FINA Bureau shall appoint one of the members of the FINA Doping Panel to be Chair 
  • C 22.3 A person may not serve on the FINA Doping Panel if he or she: 
  • (a) is a member of the Bureau or of a Technical or Other Committee of FINA, or 

  • C 22.5 The FINA Doping Panel shall conduct hearings and impose sanctions pursuant to FINA DC Rules. 

C 27 DISSOLUTION

  • C 27.1 FINA may be dissolved only by a 2/3 majority vote at a Special Congress convened for this purpose.
  • C 27.2 In the event of dissolution, the Congress shall appoint a liquidator who shall discharge all debts and liabilities incurred on behalf of FINA. The remaining assets, if any, shall be donated as directed by the Special Congress to a suitable body for the ongoing promotion and development of Aquatics.
  • C 27.3 At the conclusion of the liquidation, the liquidators shall submit a final report to the Congress, which shall declare the liquidation closed.

That concludes our trawl of the bulk of proposals for change - but the story does not end there.

In part 2 of our series we consider the lot of a group of professionals who are largely left out of the decision-making process of the sport they play such a pivotal role in: coaches.