FIFA’s evolving stance on commemorative symbols: The poppy appeal case
On 11 November 2016, England played Scotland in a FIFA 2018 World Cup qualifier match at Wembley Stadium. The match was not particularly memorable for anything that happened on the pitch (at least for those of us north of the border). Rather it was the furore that followed the match that was most widely reported. In particular, the fact the Scottish and English players wore black armbands with a poppy symbol, given the match’s proximity to Remembrance Sunday sparked fierce debate. As many readers will be aware, poppies are traditionally regarded as a symbol of remembrance of soldiers who have died during wartime, especially in both world wars.1
There were numerous media reports leading up to the game querying whether or not the English and Scottish players would indeed wear poppies to mark the occasion2. Many commentators claimed it was the right thing to do (Theresa May classified FIFA’s attitude towards poppies as “utterly outrageous”3 whilst others questioned whether the risk was really worth it4). The risk was, of course, disciplinary sanctions being imposed by FIFA.
In light of the broader tensions between sport and politics, this article considers FIFA’s case against the home nation Football Associations for wearing and/or displaying poppies during international matches, and their subsequent change in approach towards such commemorative symbols. Specifically, it looks at:
FIFA’s rules and regulations preventing “political symbols” and the lack of specification
The meaning of “political”
The meaning of “equipment”
The first instance decision against the home nation FAs
The appeal decision and CAS proceedings
FIFA’s change in approach towards commemorative symbols
Comment on the tensions between sport and politics
The author acts for the Scottish FA.
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- Tags: Court of Arbitration for Sport (CAS) | Fédération Internationale de Football Association (FIFA) | FIFA | FIFA Disciplinary Committee | FIFA 2018 World Cup | FIFA Laws of the Game | Football | Politics | Scottish FA | The FA | The Football Association (The FA) | UEFA | Union of European Football Associations (UEFA) | United Kingdom (UK)
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Neeraj Thomas is a Partner at CMS working across the Sports and Regulatory and IP Disputes teams.
Neeraj has significant expertise is in the sports and disciplinary area and has provided lead advice to the largest Scottish sports governing bodies on a number of high-profile disciplinary issues involving clubs and players over the last few years. Neeraj has also been heavily involved in advising on, drafting and implementing and thereafter managing the new disciplinary rules for various sports governing bodies. Neeraj has also acted for number of, clubs and players/athletes in a wide range of sports and regulatory matters.