Please find attached letter received from Tonga Tag with regards to players having the choice to play any Tag code they wish.
A view that is shared by Tag20 Rugby Internationale….
TO WHOM IT MAY CONCERN
Tonga Tag, TONGA is writing to you under the instructions of The Tongan Sports Federation to give Formal Notice in accordance to the Complaints proceedure filed with The New Zealand Sports Ministry and the Office of Sports Minister Hon. Murray McCully.
We hereby give Formal Notice and advise you, Tonga Tag intentions of legal pursuit with Any code in The Sport of Tag in violation of International Representative Rights for a Country -with sights to resolve.In light of recent illegal and unsportman like nature from a New Zealand Tag organization, it has been unfortunate to undertake these proceedures.Tonga Tag has made contact with Tag 20 Rugby New Zealand and New Zealand Tag football advising both organizations the boundaries and limitations of Club/Organization jurisdiction when engaging in an International Tournament.It is with regret Tonga Tag reports there is a violation of freedom of choice and unjust individual limitation under the Human Rights & Anti-Discrimination Provisions in Sports Treaties [Article 1] of the Charter specifically mentions “…every human being’s fundamental right of access to physical education and sport”. Universal Declaration of Human Rights.(II) 2001 – Article 4(1) prohibits discrimination in access to sports facilities or sports activities on the grounds of sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, and birth or other status.It has been brought to our attention persons with intent to represent Tonga in The Tag20 code will be disallowed to participate in NZTFI national competitions or modules due to their participation in Tag20 code with accordance to NZTFI rules and regulation passed Monday 8th August 2011.“[As democratically voted by the NZTFI affiliates on Monday August 8th 2011, A resolution was passed stating. Any individual (player, coach, manager ,referee, administrator) who participates or registers at any non affiliated module, event, tournament will not be eligible to compete in any NZTFI Representative sanctioned tournament or Event. All individual/s have the right and are entitled to register and participate at affiliated and non affiliated modules at the same time if they so choose but must clearly understand they forfeit there right to play representative tag under the NZTFI.The NZTFI are focussed on a loyalty rewards program and protecting its brand and services it has built and provided to its members. It is simply a business decision based on what is best for the development of the game. We provide an array of membership benefits and financial incentives to all those who will join us.]“This is in violation of the above International Sporting and Human Rights Statue and Declarations Act.
As mentioned previously in written correspondence with both Tag codes and Organizations – Club or Organizations’ rules DO NOT have jurisdiction at an international tournament level.
This International Representative Rights super cedes club rules of local or national membership.
The NZTFI rules stated above has violated a ‘Human being’s fundamental right of access’ by unjust and unreasonable limitation beyond its national jurisdiction.
Tonga Tag is consistent with International sporting rules and regulations affiliated with Commonwealth, Olympic, World games and International Sporting Federations. Where a person(s) is selected and is qualified to represent a Country, their international representation DOES NOT effect their status to continue or return to participate in their local and national games.
This means any person(s) representing Tonga DOES NOT forfeit their eligibility to participate locally and nationally regardless of the Organization’s rules.
Previous communications regarding this NZTFI rule was depicted as a clause in the NZTFI Constitution. Tonga Tag has learned NZTFI misinformed Us.
On these grounds stated above in reference to Non-jurisdiction enforcement, Unjust and Unreasonable rules violating Human fundamental Rights to participate in any sport activity, Tonga Tag TONGA gives Formal Notice to All Tag Codes.
Any Organization or Country giving advise to representatives of Tonga in the Sport of Tag implying forfeit Rights to participate and qualify to compete nationally is in violation of International Sporting governance and Human Rights Regulations. In the case of such violation Tonga Tag will commence legal proceedure. Tonga Tag advises we have sought legal counsel and our position is legally validated.
Should any person(s) represent Tonga in the Sport of Tag either in Tag20 or NZTFI, their International participation DOES NOT compromise or forfeit their eligibility to participate locally or nationally in any given code in the Sport of Tag.
Please advise your members of Tonga Tag’s position and correct any misunderstanding regarding Tongan players eligibility to resume qualifying nationally in any particular Tag Code as local and national rules give provision to International Standings. (As all sports)
Tonga Tag is not affiliated to any Tag code. The Sport Tag (with all variations and codes) is a Registered Sport in Tonga. Tonga Tag is the Executive National Body. No one can represent Tonga in the Sport of Tag without our written permission. Our National Tag Body concerns only international participation in any Tag code.
We request to accommodate our Formal Notice herein with accordance to The International Sports and Human Rights Laws.
In a response of decline Tonga Tag will commence Legal Proceedures and prohibit non-abiding Organization(s) from submitting a Tongan Tag Team in their specific Code and in any given Tournament. We do not wish to resort to an unfavourable path that hinders The Spirit of Sports and depletes Community Wellbeing.
Tonga Tag is happy to meet with Tag20 and NZTFI codes to agree on Terms.