Pit Stop for Justice? Legal Accountability and Sportswashing in Formula 1

Written by Mrinmoyee Chatterjee

INTRODUCTION

This paper explores the intersection of global sporting events and human rights, with a focus on Formula One (“F1”)  racing in autocratic states. It examines how countries like Saudi Arabia, Bahrain, and Azerbaijan use F1 as a tool to ‘Sportswash’ their image on the international platform, while continuing to commit serious human rights violations. Through drawing on documented cases and political advocacy efforts from F1 drivers and human rights organisations, this paper highlights the complicity and inaction of the Fédération Internationale de l'Automobile  (“FIA”), F1, and Formula One Group (“FOG”). This paper also proposes a comprehensive set of reforms and an analysis of comparative jurisprudence that could help F1, FOG, and FIA to take accountability for their inaction on the global stage, while enhancing transparency for the public regarding how these entities are fulfilling their obligations. As both an academic inquiry and a fan's appeal, this paper argues that if F1 is to remain credible and respected, it must evolve beyond entertainment and embrace its responsibility as a global,  cultural, and political actor.

On 26th February 2024, a coalition of major human rights groups released a public reprimand addressed to the F1 CEO Stefano Domenicali and copied it to FIA, teams, sponsors and drivers. The letter urged the aforementioned to express serious concerns over the role of F1 in ‘Sportswashing’ ahead of the Bahrain Grand Prix. The term Sportswashing refers to the strategic use of sporting events on a global platform by states to improve their international image and further distract the public from the ongoing human rights abuses, corruption, and/or political repression. These states, by hosting and/or sponsoring major sporting events, seek to associate themselves with the positive values of sports and further mask domestic and international criticism.

It is not a new concept wherein sports have been used as a tool to further political agendas. During the time of the Ancient Greeks, sports were often used as a form of propaganda by the government. To demonstrate Athens' wealth and might, especially to his Spartan adversaries, Athenian politician Alcibiades staged an over-the-top win in the Olympic chariot race in 416 BCE. Into the 20th century, sports were still being used for political ends. In order to dispel ideas of Italian weakness, Benito Mussolini utilized the International Federation of Association Football (FIFA), the World Cup in 1934 as a stage to exhibit his nation's sporting accomplishments, particularly their tournament victory. Similarly, Adolf Hitler utilized the 1936 Summer Olympics in Berlin to further his agenda of Aryan supremacy and German revival. When the World Cup was staged in Argentina in 1978, during the military dictatorship, thousands of people were tortured and disappeared by the junta just a few miles from the stadiums. Sports have always been an influential tool used by governments to bolster their political legitimacy and alter public opinion around the world.

In recent years, F1 has become a prominent example of Sportswashing by providing a platform for the practice to grow, with races being held in politically sensitive countries accused of serious human rights violations. This paper believes that, with the ever-growing popularity of sports, the obligations of the FIA also grow in tandem with it, regarding its role under the international human rights frameworks. Therefore, this paper critically examines F1’s involvement in Sportswashing and contends that both  FIA and the F1 management have binding human rights responsibilities under the international norms. Lastly, the paper also proposes reforms so as to ensure that sports do not become complicit in legitimising authoritarian regimes.

THE EXPANSION AND THE ABUSE

F1 predominantly began in Europe, later laying its tracks in different parts of the world such as Australia, Morocco, the United States of America, and Japan. In 2004, F1 finally dove into the Middle Eastern sector and held the first Grand Prix in Bahrain. By 2011, political turmoil rose in Bahrain, leading to the cancellation of the Grand Prix due to the brutal killing of protesters on the streets and in the custody of unchecked security forces. It was also then that Mr. Kareen Fakhrawi, co-founder of Bahrain’s only independent newspaper, was killed, which Amnesty International deemed to be an “all-out campaign to end independent reporting” in the country. The very next year in 2012, on the eve of the Bahrain Grand Prix, a protester, Mr. Salah Abbas Habib, was killed by firing by the police officer which lead to a widespread protest in the country for cancelling the race but despite severe pressure from the citizens, F1 went ahead with the race. Further in 2017, Bahraini activist Najah Yusuf was tortured, sexually assaulted, and sentenced to three years in prison after she criticised the Bahrain Grand Prix on social media. Recently, on 5th March 2023, four individuals staged a peaceful protest near the Bahrain International Circuit and within a span of a few minutes, they were arrested, verbally assaulted, threatened, and coerced into signing a plea agreement that would restrict their right to protest in the future.  Throughout these various atrocities, F1 failed to condemn the violence that occurred due to its presence in the country.

One more similar incident that sprang up from the Arabian peninsula is that of the Saudi Arabian Grand Prix. The most notable case of Sportswashing in the aforementioned Grand Prix was when missile attacks were launched during the Friday free practice sessions. The missile strikes were carried out in retaliation for Saudi Arabia’s involvement in the Yemen civil war. The missiles had hit an oil refinery approximately eleven kilometres away from the Jeddah Corniche circuit, which resulted in visible smoke trails. This even sparked a comment from the four-time world champion Max Verstappen saying, “I smell burning, is it my car?” which further fuelled serious concerns. The incident ignited debates on whether it is safe to host races in active conflict-stricken areas, yet the Grand Prix proceeded as scheduled. It is believed that financial considerations played a major role in the decision to continue with the race, as Saudi Arabia had reportedly signed a lucrative contract valued at 900 million dollars to host F1 races over the next decade, making it a significant source of revenue for the sport.

Now moving towards Central Asia, Azerbaijan has also used F1 to improve its image on the global platform. A coalition of the British lawmakers and the Armenian community leaders had issued a strong appeal to the CEO of F1, urging the organisation to reconsider its relationship with Azerbaijan amid the ongoing human rights abuses wherein six Armenian political prisoners are being held without fair legal proceedings and have been subjected to treatment which violates various mandatory obligations under the International Covenant on Civil and Political Rights and the European Convention on Human Rights (“ICCPR”). Further, in the letter it has been highlighted that the human rights violations that are taking place in the country and how the broader pattern of repression is being masked by international events like F1, allowing the regime to improve its image while continuing domestic abuse. The letter also asserts that the presence of F1 in the country legitimizes these violations.

These incidents raise relevant questions as to why FIA and F1 are actively facilitating Sportswashing, which led to 90 European legislators in 2022 writing to the president of FIA, Mohammed Ben Sulayem. The letter questioned the silence of the FIA towards the atrocities and the granting of year-long contracts to these nations. The letter demanded that the FIA adopt a clear human rights policy and apply consistent moral standards globally. Specific cases were raised to highlight the urgent need for action. Lawmakers and human rights groups stressed that F1’s continued presence in Gulf states risked endorsing grave abuses and called for races in these regions to be cancelled unless meaningful reforms occur.

F1 ON HUMAN RIGHTS OBLIGATIONS

Despite various open letters to the respective heads of FIA and F1 and pleas of citizens facing daily abuse from their autocratic governments, FIA and F1 have failed to address their role in Sportswashing and their obligation towards condemning Human Rights violations in host countries. Though FOG includes a Code of Conduct regarding human rights, the only redressal measure that they have is a compliance team consisting of two legal counsels, who do not even possess any experience in human rights practice. Further, it has been specially stated by one of their legal counsels that, “we ‘FOG’ don’t see ourselves as a political organisation. We just want to bring a great entertainment spectacle to as big an audience as possible to as many countries as we can reach”. This comment showcases their actual intention. At the close of 2021, the World Council for Automobile Mobility and Tourism (“WCAMT”), the FIA’s body overseeing societal issues related to motoring, held its Annual General Assembly. During this session, Prince Zeid Ra’ad Al Hussein, former UN High Commissioner for Human Rights, and Rachel Davis, Vice President of the non-profit Shift, presented a series of proposals aimed at adapting the UN Guiding Principles on Business and Human Rights (UNGPs) to the FIA’s specific context. These proposals stemmed from an initiative the FIA began in 2020 as part of its Diversity, Inclusion, and Human Rights Strategic Framework. The expert group examined three core areas of FIA’s operations: its role as an employer and purchaser, its authority as motorsport’s global regulator, and its influence in the mobility sector. However, the fact that neither the strategic framework nor the recommendations have been made public highlights the FIA’s ongoing shortcomings in transparency and good governance.

This lack of transparency and public accountability has not gone unnoticed even within the sporting community. The seven-time World Champion Lewis Hamilton has been one of the few voices who have been consistently speaking out against F1’s and FIA’s engagement with autocratic regimes, accused of human rights violations. “I can’t do everything, and I can’t do it alone. I need allies,” Hamilton declared, calling for broader support to advocate for human rights in countries visited by F1. Over the past few years, Hamilton, alongside fellow World Champion Sebastian Vettel, has emerged as a prominent figure in pushing the sport to confront its social implications. Their efforts have demanded not just performative solidarity but real accountability from F1 and FIA in how and where the sport operates.

POSSIBLE REFORMS

At present, F1 stands at crossroads. As the sport gradually expands into politically sensitive regions, the need for a transparent and enforceable human rights framework has become unavoidable. Other international sporting bodies like FIFA have already taken steps in this direction, proving that reform is not only possible but necessary in today’s scenario.

One of the first steps that F1 and FIA should take is the public adoption and implementation of a robust human rights policy that aligns with the UN Guiding Principles on Business and Human Rights (“UNGPs”). The UNGPs are unanimously approved by the United Nations Human Rights Council and are ‘soft law’; though they are not legally binding, they are widely recognised by various global actors. Further, it should be made a mandate that every stakeholder that are associated with F1 and FIA should be subjected to the human rights policy. This can be followed by the setting up of an F1 Human Rights Advisory Board, which would be tasked with publishing reports and evaluating F1’s and FIA’s progress related to human rights issues and can further make recommendations as to how F1 and FIA can effectively tackle the human rights issues linked to their activities.

Further, F1 and FIA can follow a similar path by collaborating with multi-stakeholder initiatives focused on embedding human rights in sport. Just as FIFA joined the Steering Committee of the Mega-Sporting Events Platform for Human Rights in 2017, a coalition that brought together a wide range of actors, including international organizations, governments, athletes, unions, sponsors, and civil society.  FIA could align itself with comparable platforms or even become a member of the now-established Centre for Sport and Human Rights. This would allow FIA to work alongside experts and other governing bodies to assess, implement, and monitor human rights responsibilities across all aspects of its operations. By engaging with a collective structure dedicated to upholding human rights in the context of global sport, F1 would demonstrate its commitment to reform and to holding all event stakeholders accountable throughout the entire lifecycle of a Grand Prix, from planning and preparation to execution and legacy.

This paper also suggests that it would be beneficial for F1 to set up a grievance redressal body accessible by all stakeholders for issues related to human rights, with a panel consisting of legal counsels and experts having experience in dealing with human rights cases. The entire mechanism should be transparent in its working so as to further promote accountability.

Lastly, the paper suggests that F1 should set up a due diligence committee that would conduct human rights risk assessments and provide a mitigation plan for host countries before the commencement of every Grand Prix. This process, as well, should be transparent, and reports should be published publicly, which would add a second layer to accountability owed by the sport. Additionally, host country contracts should include strict and specific clauses focused on the protection of human rights. This would place a clear obligation on both the host countries and F1 to actively safeguard individuals from abuse and to ensure a remedy is provided to victims when violations occur. More importantly, these contracts should also incorporate termination or suspension clauses in the event of non-compliance.

The paper also encourages athletes and other relevant stakeholders to submit their disputes to the Court of Arbitration (“CAS”) and/or Human Rights Council (“HRC”), once all the aforementioned internal remedies have been exhausted. Both the authorities, especially CAS, provide an independent and specialised forum for the resolution of ethics-related disputes in sports, ensuring impartiality, fairness, and procedural compliance with international standards are maintained.  By submitting to CAS or even HRC, stakeholders can receive timely and legally enforceable decisions that uphold the integrity of F1.

The aforementioned measures would ensure that human rights are not treated as an optional consideration, but as a binding commitment with real and enforceable consequences, strengthening accountability and deterring future abuses.

COMPARITIVE JURISPRUDENCE

When similar challenges had arisen in other sports, governing bodies implemented a comprehensive set of measures to mitigate the issue of Sportswashing, measures that this paper believes the FIA and F1 could adopt as well.

In 2017, FIFA introduced a “Human Rights Policy” that provided standards aimed at preventing complicity in human rights abuses. Similarly, the English Premier League considered the addition of human rights criteria to its ‘directors’ and ‘owners’ test.  While there is no guarantee these standards would mitigate the issue of Sportswashing, they nonetheless help clarify the cost and reputational damage of doing business with an authoritarian regime. Furthermore, as showcased in the planning of the 2026 World Cup in North America, such standards help empower civil society groups to effectively monitor and challenge malign influence.

Another interesting measure that was undertaken by the German and Swedish football leagues is the participatory model for review. Wherein supporters of the sports have a say in club management, and regulators have an oversight role in league operations. Participatory models such as this were also recommended in the UK’s “fan-led review of Football Governance,” launched in 2021. These models empower citizens to scrutinize investment decisions; these reforms not only promote accountability but also uphold the democratic sanctity of world sports.

Subsequently, the International Olympic Committee (“IOC”) has also taken steps, advancing its internal frameworks to safeguard integrity in sports. These safeguards not only uphold ethical integrity on the field but also at an organizational level, a complex task at its very core, which often stretches beyond the traditional limits of sporting jurisdiction. Following the recognition of this, the IOC established the International Partnership Against Corruption in Sport (“IPACS”) in 2017. This initiative brings together international sporting bodies, intergovernmental and governmental authorities to collectively address corruption risks and foster good governance in sports.

IPACS has previously deployed expert task forces to tackle core vulnerabilities, including corruption in infrastructure procurement for major global sporting events, the integrity of the selection process for hosting rights, and the strengthening of internal governance frameworks to limit opportunities for misconduct. IPACS has promoted collaborations between law enforcement agencies,  sports organisations, and judicial systems, which helps bridge the enforcement gap that corrupt actors usually exploit during misconduct. The work of the IOC and IPACS illustrates that systemic, cross-sectoral partnerships are essential to insulating the sports world from corrosive external influence and ensuring its institutions remain credible and accountable.

CONCLUSION

The prestige and the global reach of F1 come with immense influence and accountability. With a viewership of over 750 million, the sporting spectacle does not operate in a vacuum. F1’s decision as to where to hold the Grand Prix and how to interact with the host nation and its civilians carries a significant social, political, and ethical implication. Over the years, F1 and FIA have turned a blind eye to severe human rights violations in countries like Saudi Arabia, Bahrain, and Azerbaijan, thereby becoming an effective tool for Sportswashing.

From inhumane torture and imprisonment of Bahraini activists, to unlawful detention of Armenian political prisoners in Azerbaijan, to the ongoing humanitarian crisis in Yemen exacerbated by the Gulf states, the record is troubling. Lawmakers, civil societies, and even F1 drivers like Vettel and Hamilton have also courageously voiced their opinions, calling on the sport to move beyond neutrality and take a staunch moral stance. The inconsistency in applying human rights standards, wherein action was taken against Russia over its invasion of Ukraine, but silence persisted on Gulf atrocities, further undermines the credibility and integrity of F1 and the FIA.

Though the paper believes that the path to reform is not unfounded, since other global sporting bodies like FIFA, IOC, and the English Premier League, for instance, have shown efforts towards curbing human rights issues and taking accountability for their action. Therefore, F1 can and must also do the same. It should adopt the UNGPs, ensuring transparency in its operation and integrate human rights due diligence into all of its aspects, from race locations to sponsorships. Crucially, this must include an enforceable grievance mechanism, a transparent investigation into abuses, and mandatory human rights clauses in all host countries. Moreover, partnering with independent human rights experts and engaging with civil society organisations would help build a framework of accountability and trust. These measures would send a strong message that F1 does not compromise on ethical standards.

In the end, the question that remains is not whether F1 can afford to take human rights seriously, but whether it can afford not to. The reputational risk of inaction is growing day by day, as is the moral imperative to align the sport’s operation with its values. Being an avid watcher and a fan of F1 racing, I wish for the sport to be seen as more than just a commercial enterprise but as a force for good in the world; therefore, it must evolve into a sport that races not only for speed and spectacle but also for justice and dignity. The time for reform is now, and F1 has both the platform and the power to lead by example.

*The Author is a legal Scholar from India

(The Image used here is for representative purposes only)

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