[CCWG-ACCT] [Ws2-ombudsman] IOO WS2 Sub Group first Report to the CCWG-Accountability WS2 for consideration at Sept Meeting

[Stephanie Perrin]

Is this report now open for comments?  Tremendous amount of work, 
congratulations, but I have quite a few comments.

Kind regards

Stephanie Perrin


On 2017-09-19 18:52, Robin Gross wrote:
> I agree with Farzaneh.  These are important reforms we are *supposed* 
> to be doing here.  Not merely window dressing to meet a deadline.
>
> Thanks,
> Robin
>
>> On Sep 19, 2017, at 8:53 AM, farzaneh badii <farzaneh.badii at gmail.com 
>> <mailto:farzaneh.badii at gmail.com>> wrote:
>>
>> Thank you Seb.
>>
>> I had a cursory review and I don't see what I have recommended is 
>> implemented or been considered. I could not properly attend all the 
>> the Ombuds group meetings but I don't think that means my comments 
>> should not be considered.
>>
>> I have to raise my concerns which I have reiterated over and over in 
>> that group and seems like not many people agree with me, so I might 
>> have to file a dissent but I'd like to raise my concerns here as well:
>>
>> 1. I don't think we can solve the problem of independence by giving 
>> the ombudspersons a 5 year contract. I have provided my reasons 
>> before. If by 5 years fixed contract you mean the Ombuds office as an 
>> entity should be given a fixed term contract that is fine. But 
>> ombudspersons getting fixed five-year contract won't solve the problem.
>>
>> 2. Ombuds has to be an office and not a person. At the moment it's a 
>> person. I think to maintain the independence of the office, we need 
>> to have preferably an external organization that provides ombuds 
>> services and its revenue is not only dependent on ICANN. That way we 
>> can ensure independence.
>>
>> 3. Under no circumstances, the ombudspersons should socialize and 
>> befriend community members ( this is a very obvious independence 
>> element, have you ever encountered the decision maker of your case at 
>> a social event talking and smiling at the party you filed a complaint 
>> against? It is written in first year legal text books that 
>> independence is very much affected by social encounters and interactions)
>>
>> I don't think the current recommendations are sufficient enough to 
>> expand the ombuds office mandate. But I do need written reasons for 
>> not considering the points I have made. It is simply not enough that 
>> the WS2 group on Ombuds did not agree with my comments.
>>
>> Please let me know what the process would be to file a dissent or if 
>> we can discuss it during the plenary.
>>
>> Best
>>
>> Farzaneh
>>
>>
>>
>>
>> Farzaneh
>>
>> On Tue, Sep 19, 2017 at 4:16 AM, Sebicann Bachollet 
>> <sebicann at bachollet.fr <mailto:sebicann at bachollet.fr>> wrote:
>>
>>     19th September 2017,
>>
>>     Dear Co-Chairs,
>>
>>     The WS2 Sub-Group on ICANN Ombuds Office (IOO) is very pleased to
>>     present to the plenary of the CCWG on ICANN Accountability WS2
>>     our Report
>>     titled ‘CCWG-Accountability-WS2-Ombudsman-DrafRecommendationsV2.2’
>>     for first reading, discussion, review, comments and
>>     consideration. It was finalized, on Monday 18^th of September
>>     2017 at the 30^th meeting of the IOO Sub-Group.
>>
>>     As IOO Sub Group Rapporteur I will be pleased to answer any
>>     questions and discuss any comments from our CCWG.
>>
>>     I would like to take this opportunity to thanks the participants
>>     of our IOO Sub-group and Bernard for his support to finalize the
>>     attached documents.
>>
>>     All the best
>>
>>     IOO Sub Group Rapporteur,
>>
>>     Sebastien Bachollet
>>
>>     Attached:
>>
>>      1. IOO first Report
>>      2. External evaluator’s final report
>>
>>
>>
>>
>>
>>
>>
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>
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