[Ws2-ombudsman] Final Comments on Draft Report

[farzaneh badii]

Thank you Lars,

I had commented on the report on the ccwg-accountability mailing list but
since could not attend the meeting in Johannesburg don't know if it was
discussed.

This is what I think we should consider in the report:

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.

Best

Farzaneh

Farzaneh

On Fri, Jul 14, 2017 at 2:38 PM, Lars Hoffmann <lars.hoffmann at icann.org>
wrote:

> Dear all,
>
>
>
> Our next call has been deferred until Wednesday 19 July 1900UTC [local
> time
> <https://www.timeanddate.com/worldclock/fixedtime.html?msg=WS2%3A+Ombudsman+Subgroup&iso=20170719T19&p1=%3A&ah=1>
> ].
>
>
>
> This call will be the final opportunity for the Subgroup to submit
> comments/feedback to Debra and Phil, the independent assessors, before they
> submit their Final Report.
>
>
>
> As some of you may not be able to make the call, please make sure to* submit
> comments/feedback on-list*by Wednesday, 23 UTC [local time
> <https://www.timeanddate.com/worldclock/fixedtime.html?msg=WS2%3A+Ombudsman+Assessment+-+Final+Feedback&iso=20170719T235959&p1=%3A&ah=1>
> ].
>
>
>
> Many thanks and best wishes,
>
> Lars
>
>
>
>
>
> Here is a link to the Draft Report: https://community.icann.org/
> download/attachments/59643286/2017_0619%20%20ICANN59%
> 20Ombuds%20Review%20Report%20.pdf?version=1&modificationDate=
> 1498003374000&api=v2[community.icann.org]
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_download_attachments_59643286_2017-5F0619-2520-2520ICANN59-2520Ombuds-2520Review-2520Report-2520.pdf-3Fversion-3D1-26modificationDate-3D1498003374000-26api-3Dv2&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=J4rVei4WZIn6-raGBj5dwYkl2jzyfta0KTxH92lGiro&m=-u66zqhvSC347locheHRonwXPNe3VyAwCevrzdV9akU&s=cHMYMJkqmPzl8lVmATL4GgwPfIJ4FJCCUJoI7eyD1GE&e=>
>
>
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