[atrt2] Further reference on Whistleblowing task

Avri Doria avri at ella.com
Sun Jun 9 15:45:25 UTC 2013

The section from the pre-AOC One World Trust report on "Independent Review of ICANN’s Accountability
and Transparency – Structures and Practices"


Recommendation 4.1: ICANN should clearly describe the integrated nature of the
Ombudsman, Reconsideration Committee and Independent Review Panel of Board
actions. The links between the three functions and their integrated nature need to be
properly communicated.

100. While ICANN has three mechanisms for investigating complaints from
members of the ICANN community, the organisation does not have a policy or
system in place that provides staff with channels through which they can raise
complaints in confidentiality and without fear of retaliation. Having such a policy
(often referred to as a whistleblower policy) is good practice among global
organisations. A whistleblower policy that provides such protections serves as an
important means of ensuring accountability to staff as well as preventing fraudulent
behaviour, misconduct and corruption within an organisation.

101. The United Nation’s whistleblower policy is an example of good practice. It
includes a definition of whistleblowing consistent with good practice and provides
multiple channels for reporting violations thus offering safeguards against
institutionalized conflict of interest, protection for outside parties, and mandatory
discipline for those who retaliated against complainants. To embed the whistleblower
policy in the organisation’s culture, the UN also trains staff and senior management
on the implementation of the policy.

102. While whistleblower protections already exist under both Californian state law
through the California Labour Code and Federal law through the Sarbanes-Oxley Act,
ICANN should comply with good practice and develop an organisation-wide
whistleblower policy. This would clearly state the protections afforded to staff, provide
multiple channels through which a complaint can be made and clearly identify the
steps of the complaints process.


The idea of Independent Expert might involve OWT to follow up on this recommendation for their evaluation of the program that ICANN instituted in response.

Apologies for not having provided all this information by the deadline.


More information about the atrt2 mailing list