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27 February 2025

TAS Rules Against RS Berkane, Supports USM Alger

The Court of Arbitration for Sport emphasizes neutrality and rectifies CAF's partiality.

On December 13, 2023, the Court of Arbitration for Sport (CAS) delivered a decisive verdict favoring USM Alger and the Algerian Football Federation (FAF) against RS Berkane and the Royal Moroccan Football Federation (FRMF) concerning the use of political symbols on soccer jerseys. This landmark ruling not only nullifies the sanctions previously imposed on USM Alger by the Confederation of African Football (CAF) but also casts a spotlight on the politicization of football by Moroccan authorities, which the CAS found to be a direct violation of international sports regulations.

The case stemmed from RS Berkane's jerseys, which displayed a map of Morocco including Western Sahara, territory recognized as non-autonomous by numerous United Nations resolutions. The CAS emphasized in their judgment, "The territorial map of Morocco, including Western Sahara, on the disputed jerseys constitutes a political message," determining this was against the rules set forth by both CAF and FIFA.

This ruling followed months of deliberation and was expected by many observers who viewed RS Berkane's actions as provocative. The CAS reinforced the principle of political neutrality within sports, which is embedded not only in CAF regulations but also upheld universally by FIFA. According to the CAS, all sports equipment, including jerseys, must be devoid of any political, religious, or personal messages. This principle is clearly enshrined under article 1.03 of the CAF regulations. The CAS stated: "This decision reaffirms our legal position and emphasizes our commitment to defend the club's rights."

The USM Alger management publicly expressed their gratitude for the ruling, highlighting the significance of lawful conduct within the sport. They released a statement saying, "This decision reinforces our belief in fairness and integrity. We are thankful for the support from our fans and our government, which aided us throughout this process." The acknowledgement of the Algerian government's role, including President Abdelmadjid Tebboune's backing, reflects the heightened political dimensions entwined within this case.

The saga began when RS Berkane sought approval from CAF to wear their jerseys depicting the contested Western Sahara region. The initial acceptance of these jerseys by CAF was seen by many as indicative of the Moroccan influence within the African football governing body. The CAS ruling, by overturning this approval, emphasizes the importance of upholding sportsmanship and ensuring political agendas do not taint the essence of athletic competition.

With the CAS ruling now public, it signifies not only a victory for USM Alger but also strikes a blow against the manipulation efforts led by Fouzi Lekjaa, head of the FRMF. The CAS's condemnation of political symbols on jerseys exposes the broader issue of governance within the CAF and recognizes the failures of the organization to enforce its own policies impartially. The ruling serves as a clear warning against any attempts to intertwine geopolitical narratives with sports, asserting "the attempts of Morocco to manipulate African football for its territorial ambitions will not be tolerated."

The repercussions of this decision will likely resonate throughout African football, potentially reshaping the governance dynamics within the CAF, particularly under the administration of Patrice Motsepe. Critics have long argued Motsepe has failed to address the influence of Moroccan officials adequately, which has created perceptions of bias within CAF's regulatory framework.

Looking to the future, this ruling could deter similar attempts at politicizing sports and may galvanize other nations within the African football community to assert their rights concerning regulatory fairness and neutrality. The victory by USM Alger marks not only the preservation of their rights but also showcases the necessity for strict adherence to sports regulations.

Consequently, the CAS ruling sends a resounding message: politicization has no place on the football field. This case creates important precedents for future governance issues to maintain the integrity of football across Africa.