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

[Seun Ojedeji]

Interesting comments. A few comments of mine inline:

Sent from my mobile
Kindly excuse brevity and typos

On Sep 19, 2017 4:54 PM, "farzaneh badii" <farzaneh.badii at gmail.com> wrote:

:

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.


SO: Sorry do you mind stating what the problem is here? However I see some
benefit with giving the ombudsperson job guarantee. Where I come from there
is some level of job security for confirmed govt staff in that you can just
get dismissed by any head of the govt org without proper hearing.

Perhaps there can be an exception for the ombudsperson that the decision to
terminate his/her contract will include the community and not just left to
ICANN HR/management alone.



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.


SO: Fine with the making it an office, but I am not sure we will be solving
all independence issues by giving the role to an external organization. It
may indeed create so much more problem than ever imagine(it's such a small
world). I actually think a path of external in this context might further
create mis-trust as I don't see how that guarantees trust unless we are
saying that the external organization will also be paid by an external body
and not by ICANN. Even that will only isn't enough to guarantee
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)


SO: Okay I think this is way too much. What exactly are we trying to turn
that person holding the office into? A ghost or something like that ;-) If
he can't socialize with the community how does he/she know/learn about the
community? Ofcourse it's fine to expect some level of decorum from such
person just like one expects of ICANN leaders like the Board, SO/AC leaders
et all.

Regards


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>
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 18th of September 2017 at the 30th 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
>
>
>
>
>
> _______________________________________________
> Ws2-ombudsman mailing list
> Ws2-ombudsman at icann.org
> https://mm.icann.org/mailman/listinfo/ws2-ombudsman
>
>

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