Olympics
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ASA considering Semenya appeal at Swiss Federal Tribunal

Olympic Sports

Athletics South Africa (ASA) is considering approaching the Swiss Federal Tribunal after the Court of Arbitration for Sport (CAS) dismissed Caster Semenya's appeal against new IAAF regulations.

The ruling on Wednesday saw Semenya lose her appeal against regulations to limit naturally-occurring testosterone levels in athletes with differences of sexual development (DSDs).

The national governing body for athletics was "deeply disappointed and profoundly shocked" as a CAS panel dismissed the appeal by double Olympic 800-metres champion Semenya, who would be required to take testosterone blockers to compete in her events.

"ASA respects the CAS decision and will now review the ruling and decide whether to consider the option of taking this matter to the Swiss Federal Tribunal within the 30 days as stipulated in the ruling," it said in a statement.

"We are, however, reeling in shock at the how a body held in high esteem like CAS can endorse discrimination without flinching.

"We are deeply disappointed and profoundly shocked that the CAS award is in favour of upholding the new IAAF regulations for female athletes."

ASA went on to compare the regulations to apartheid, where South African citizens were separated by race and afforded differing rights based on their skin colour.

The statement continued: "South Africa knows discrimination better and CAS has seen it fit to open the wounds of Apartheid, a system of discrimination condemned by the whole world as a crime against humanity.

"For CAS does not only condone discrimination, but also goes to lengths to justify it, (which) only undermines the integrity that this body is entrusted with. We believe their decision is disgraceful."

The South African government, represented by minister of sport Tokozile Xasa, voiced their displeasure at the verdict, and encouraged ASA to continue to fight on Semenya's behalf.

Xasa said in a statement: "As the South African government we have always maintained that these regulations trample on the human rights and dignity of Caster Semenya and other women athletes.

"ASA should continue to lobby other National Athletics Associations in other jurisdictions to internally oppose these regulations.

"We too in government will continue to lobby through other international organisations on our opposition to these regulations and to continue to put the necessary pressure on the IAAF to see the impact of these regulations on global human rights tenets and frameworks."

Furthermore, ASA felt "compelling" evidence in Semenya's favour had been placed before CAS and had been ignored: "ASA was confident of a favourable outcome given the human rights, medico-legal and scientific arguments and evidence that we believe invalidated the regulations.

"It is these facts that have left ASA shocked that CAS rejected these compelling factors in favour of the IAAF.

"Given the profound and global effect, plus consequences the implementation of the regulations will have, the regulations may warrant to be tested in a higher tribunal with jurisdiction to pronounce on the CAS ruling."

CAS ruled the regulations were necessary for female athletes with DSDs who compete in events ranging from 400-metres to a mile, thus ruling out both of Semenya's preferred events (800m and 1500m).

This is ostensibly to ensure fair competition by medically limiting their blood testosterone level to under 5 nmol/L, which is double the normal female range of below 2 nmol/L.

The IAAF welcomed the verdict on Wednesday, saying it was "pleased that the regulations were found to be a necessary, reasonable and proportionate means of achieving the IAAF's legitimate aim of preserving the integrity of female athletics in the restricted events".

If Semenya wants to participate in her favoured 800m and 1500m at the IAAF World Championships in September, she would need to start taking the suppressant drugs right away. Or, she would need to change distances and qualify for Doha in the 5000m.

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