[CCWG-ACCT] CCWG-Accountability-WS2-Plenary-ICANN59-Agenda and documents - Additional Documents 2

[farzaneh badii]

Thank you.

On the ombuds office issue, I don't think the recommendations for
maintaining the independence of ombuds are sufficient. I think the report
equates independence and neutrality, but they are not the same thing and I
don't see recommendations for maintaining neutrality.
One of the recommendations is to have a 5-year fixed term contract with one
year probation. I think this recommendation is inspired by  how judges
receive remuneration (give them a life long contract), and the rationale
behind it might be that by  giving ombuds a  fixed contract of five years,
they are put in a vacuum isolated from any economic incentive to affect
their decision. I don't think that can work here with the ombuds office. I
believe the ombuds office should be an external office and should not
consist of just one person to resolve disputes but there should be multiple
ombuds available. The source of revenue of one person should not be reliant
on the ombuds contract. Moreover, mingling and hanging out with the
community members can certainly affect the neutrality of the ombuds, or it
might appear to the community as such. I don't see any recommendations
about how to avoid that in this document.

I won't be in Johannesburg, so would be grateful if you could take my
comments into consideration when discussing the ombuds office.

Farzaneh

On Wed, Jun 21, 2017 at 11:34 PM, Chris LaHatte <chris at lahatte.co.nz> wrote:

> I have read the ombudsman external evaluation report, and consider it a
> valuable, well considered and important study. I support the adoption of
> their recommendations. I would also like to note the recognition of Dr
> Frank Fowlie in some of the initial establishment of the office. While he
> was not necessarily a figure popular with some members of the community,
> his academic work and research was critical to the establishment of the
> office and has, in my view, been under recognised.
>
>
>
> Enjoy the meeting in Johannesburg! I will follow you from Oslo.
>
>
>
> Regards
>
>
>
> Chris LaHatte LLB MMgt (Dip Res) FAMINZ (Mediation/Arbitration) FCIArb
>
> Barrister/Mediator/Arbitrator
>
> Phone +6444720777 <+64%204-472%200777> Cell +64210705236
> <+64%20210%20705%20236>
>
> Wellington
>
> New Zealand
>
>
>
> _______________________________________________
> Accountability-Cross-Community mailing list
> Accountability-Cross-Community at icann.org
> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/accountability-cross-community/attachments/20170622/5cef539c/attachment.html>