FIFA Disciplinary Rules – The Xhaka and Shaqiri cases

It is perhaps a tribute to globalisation that when Switzerland played against Serbia on Friday 22 June 2018 in a football match relevant for Group E of the Russia 2018 FIFA World Cup (the “World Cup”), Switzerland included as many as four players on its starting line-up who self-identify as having Albanian ethnicity.

Two of these footballers, Granit Xhaka and Xherdan Shaqiri (their families having fled the predominantly Albanian-speaking region Kosova when faced with oppression from the Serbian rule of Slobodan Milosevic) scored the goals that won the match for Switzerland.  Each celebrated his own goal with a hand gesture known as the ‘Albanian Eagle’ – a tribute to the symbol featured on the flag of the Republic of Albania.

Following a complaint by the Serbian FA, FIFA swiftly issued a statement which stated that “The FIFA Disciplinary Committee has opened disciplinary proceedings against the Swiss players Granit Xhaka and Xherdan Shaqiri for their goal celebration during the match Switzerland vs Serbia.

The charge against Xhaka and Shaqiri appears to be for an alleged breach of Article 54 of FIFA’s Disciplinary Code which states that “Anyone who provokes the general public during a match will be suspended for two matches and sanctioned with a minimum fine of CHF 5,000”.  But is the hand gesture which both footballers made in celebration of their goals a provocation?

FIFA’s overarching policy is to ensure that football matches are not used as a platform for the promotion of political statements.  For example, FIFA’s current Equipment Regulations state that a political or comparable symbol, image or statement must not be included within the:

  • ‘Decorative Elements’ of playing equipment (Regulation 8.3);
  • any form of advertising for sponsors, products, Manufacturers featured on playing equipment (Regulation 57.1);
  • any form of advertising for sponsors, products, Manufacturers featured on any special equipment brought onto the playing field (Regulation 57.2);
  • any form of advertising for sponsors or manufacturers featured on the equipment used my match officials (Regulation 58.1); and
  • any form of advertising for sponsors or manufacturers featured on the equipment used or worn by ball boys and girls, player escorts and flag bearers. (Regulation 59.1).

What constitutes ‘political symbols, images or statements’ is not entirely clear, but the contemporary geo-political context is taken into account.  By way of illustration, in November 2016, in a somewhat controversial decision, the FIFA Disciplinary Committee fined the English, Northern Irish, Scottish and Welsh FAs for ignoring warnings not display poppies on their football shirts in commemoration of Armistice Day.  FIFA has since taken a U-turn and now allows the poppy to feature on black arm bands.

Most unsurprisingly, FIFA does allow the display of the national flags of most countries.  In fact of course, international football teams play under the banners of their national flags.

Returning to the Xhaka/Shaqiri matter, is the ‘double-headed Eagle’ symbol political or provocative in any way?  The ‘Albanian Eagle’ is a symbol of national identification for ethnic Albanians.  It is as much political as any other element of any national flag.  It has no secondary or innuendo meaning so displaying it does not in itself have any geo-political context.  By doing the gesture Xhaka and Shaqiri appear to have been expressing a tribute to the country and/or ethnic group they feel they have ties with.

Of course tensions between nations will mean that there will always be animosity between the people of different ethnicities or nations.  This inherently means that the national symbols and/or flags of their rival countries will be loathed or despised.  It is understandable why the Serbian fans will feel aggrieved: by the events occurring on 22 June 2018: two Albanian footballers helped to beat them in the World Cup finals.

International football is the platform for people to display their national pride whilst playing the beautiful game.  Xhaka and Shaqiri merely displayed their pride for their ethnic country (albeit whilst playing for Switzerland) at the biggest world stage.  If FIFA’s Disciplinary Committee proceeds with sanctioning Xhaka and Shaqiri FIFA will set a bad precedent which completely undermines the national pride that international football is designed to promote.

By Andi Terziu

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