[CCWG-ACCT] RES: Jurisdiction Proposed Questions and Poll Results

[parminder]

On Friday 30 December 2016 02:51 AM, Martin Boyle wrote:
> Hi Parminder,
>
> I find your reference to "special immunities" worrying.  Given that the accountability model relies on legal action for enforcement, we do need to be sure that jurisdiction does not inhibit this action.

Martin, it is possible to maintain legally enforceable accountability
mechanisms even with jurisdictional immunities, like those provided
under US International Organisations Immunities Act. International
Fertilizer Development Centre, the standard example I have used,
continues to be a US non profit even as if has immunities under this
Act. But all this we can know only know fully well when we begin explore
such possibilities. But look at the kind of time spent and forces
devoted to prevent even begin looking into these issues, and seeking to
just carry on the status quo, which as you can see is not acceptable to
many. These are socio-political issues, and everything is a trade off
among many things. We need to first explore the options that people are
proposing here before we reach conclusions. But can you believe it that
we are now stuck for some weeks about why we should not even ask a
particular question from the general public to assemble information
about such problems and possibilities.
parminder
>
> Over the years there has been a number of cases where immunity has become a barrier to enforcing accountability.  I'm sure those who drafted the rules did not intend them to protect the organisation from accountability, but I seem to remember issues in athletics, football (soccer), the Olympics, satellite organisations and the Red Cross (although I don't have any analysis of what went wrong in the different cases).
>
> I have read a number of the mails on this issue, but had not been following the prior discussion.  Is there anything that I can read that does an analysis of specific issues related to the jurisdiction and how these might be addressed in different jurisdictions?
>
> Martin 
>
>
> Martin Boyle
> Consultant
>
> Sent from my iPhone
>
> On 29 Dec 2016, at 05:38, parminder <parminder at itforchange.net> wrote:
>
> special immunities