Use of the Om - budsman O % ce is voluntary, and is not a required step in any grievance process or organizational policy. Copyright 2023 International Ombuds Association. Hostname: page-component-68c7558d77-qsvkb As with all submissions, authors wishing to discuss potential submissions in languages other than English are encouraged to contact the Editors or members of JIOAs editorial board. Published in the November, 2012, edition of the Independent Voice, the newsletter of the International Ombudsman Association. 25 D. Godrej, NGOs: Do they Help?, New Internationalist, 1 December 2014, available at newint.org/features/2014/12/01/ngos-keynote. Media Review manuscripts, informative and critical, allow ombuds to learn of media that is. In the UK, the most quoted definition of maladministration is that of a Cabinet Minister, Richard Crossman, who in 1967 who listed bias, neglect, inattention, delay, incompetence, ineptitude, perversity, turpitude and so on. As it stands from the scoping study, the proposed ombuds should have the authority to respond to all kinds of complaints raised by the affected populations.Footnote 116 This is a broad scope which could cause ambiguity in terms of determining the ombudsmans jurisdiction and competence. This page includes articles (from 1980 to the present, in reverse chronological order) about conflict management system (CMS) design. 0000001874 00000 n Abstract:This paper explores the proposition that a formal model of supervision and support for Organisational Ombudsmen (OOs) should be implemented. FQ^0{nFB;Yn I?ca?Oh% 6w>^Zd;pu}8,F\BI#?x^~GTsrU_8U URrtNs.no=lGM x+]e~F ,LLfd)[MI/ R7@neD a]yR>Amw"rp8;ugM;;{;_\ endstream endobj 38 0 obj <> endobj 39 0 obj <> endobj 40 0 obj <>/Font<>>>/Fields[]>> endobj 41 0 obj <> endobj 42 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC/ImageI]/XObject<>>> endobj 43 0 obj <>stream See also H. K. Anheier and S.Toepler, Policy Neglect: The True Challenge to the Nonprofit Sector, (2019) 10 Nonprofit Policy Forum 1. These close ties with the Canadian government expose the ombudsperson to allegations that it lacks appropriate investigate powers to report its findings publicly and impartially and to encourage governmental pressure on companies in the event of non-compliance.Footnote 136 This criticism is particularly pertinent for the issue of the IOHDAs independence considering the uncertainties regarding how this ombudsperson would be sponsored and managed: as noted previously, the fundamental question is whether NGOs or institutional donors (like aid agencies and national governments) should bear the costs of creating and sustaining this new accountability mechanism.Footnote 137 This implies that potential threats to the IOHDAs independence could come from several sources, including institutional donors and NGOs self-interests. The establishment of an international ombudsman for NGOs could fill a regulatory and accountability gap in global governance, but this article has shown that there are several issues that makes the IOHDA proposal ambitious, logistically and legally. Besides the challenges highlighted in the feasibility study, NGOs were not particularly enthusiastic about the OHA. IOA respectfully acknowledges that many practitioners use alternative forms of this word including organizational ombudsman, ombudsperson, and others. Abstract:Coaching individual visitors is an indispensable and foundational task of the organizational Ombudsman role. One of these initiatives is Project Soteria, led by INTERPOL, which aims at tackling sexual abuse through new criminal records and background checks for aid workers, granting them a humanitarian passport. Recently proposed legislations are geared to severely restrict the scope of mandatory arbitration in consumer disputes. In general, the role and status of NGOs has been formally acknowledged in some international treaties, including the UN CharterFootnote 35 and the Geneva Conventions.Footnote 36 At the regional level, there has been a more comprehensive attempt to regulate the status of NGOs through the European Convention on the Recognition of the Legal Personality of International NGOs.Footnote 37 International law does not place any involuntary and direct obligations upon NGOs from which their liability could arise for a shortfall in compliance. Los Angeles, and is a member of the International Ombudsman Association. 166 4a;~o! The Ombudsperson will handle cases confidentially dynamics. A Brief History of the Student Ombudsman: The Early Evolution of the Role in US Higher EducationRyan Smith13 March 2020. these items with a journal or other formal channels. brought to the attention of the relevant journal and/or institution. A subset expressed Option one is that the IOHDA could be constituted through sectoral self-regulation initiatives and/or internal organizational regulation and its authority would be rooted in voluntary commitments.Footnote 79 Option two proposes setting up the IOHDA in the form of a single private entity, such as an NGO/organization, under national law.Footnote 80 Option three consists of framing the IOHDA as an individual donor mechanism that draws its authority from funding agreements.Footnote 81 Option four is a joint sectoral ombuds model, supported by donor funding requirements.Footnote 82 Option five contemplates the establishment of the IOHDA as an inter-governmental body set up through an international treaty.Footnote 83 Finally, under option six, IOHDA would be a UN inter-governmental body/mechanism established through a resolution adopted by a UN body.Footnote 84. Dr. Kathleen Canul is the inaugural ACS Publications Ombudsperson 0000032463 00000 n Footnote 3 Footnote 90 Second, the IOHDA neglects that existing ombudsman schemes present limitations in enacting accountability and does not learn any lessons from them. The JIOA invites IOA members, other ombuds, and additional professionals to reach out to their colleagues with their ideas, research findings, theories, and recommendations for best practices and to engage in ongoing discussions of critical issues.Submissions are encouraged from all contributors regardless of affiliation with the International Ombudsman Association. 173 D. Gunheux and A. Bottomley (eds. 0000016531 00000 n Yet, charity regulators are often underfunded to perform their oversight and regulatory tasks,Footnote 32 have limited geographical and jurisdictional scope to assess NGOs misconduct overseas,Footnote 33 and do not provide an avenue to ascertain NGOs liability nor do they offer victims of NGOs abuses reparations.Footnote 34, Looking at international law, the regulation and accountability of NGOs is equally challenging. Footnote 135 In 2016, Steven Patrick Dennis, a Canadian citizen, filed a lawsuit before the Oslo District Court against his former employer the Norwegian Refugee Council (NRC) over an incident that happened in Kenya.Footnote 166 The Oslo District Court held that the NRC owes a duty of care to their employees when they operate in hostile environments overseas.Footnote 167 In the aftermath of the Oxfam GB scandal in Haiti, Andrew MacLeod (former chief of operations of the UN Emergency Coordination Centre) advanced the possibility of using extraterritorial jurisdiction noticing that if they [victims] were adults, perpetrators should be charged in front of the courts in Haiti because prostitution is illegal. Footnote 89 Bystander Training within Organizations* - MIT Sloan 0000032045 00000 n Footnote 65 All rights reservedPrivacy Policy. regarding the peer review process. with B.A. reached and will inform them of the outcome, if appropriate. Historically, the first official mention of the term NGO in a legal document is Article 71 of the 1945 UN Charter, which, however, omits to provide a definition of what an NGO is.Footnote 20 Defining the term NGO is tough because of the diversity of the NGO sector and considering that multiple and, sometimes, even conflicting definitions of NGO, exist across disciplines.Footnote 21 According to Kamminga, NGOs are best defined negatively emphasizing what they are not: (i) they are private actors, not controlled or established by states; (ii) they are not revolutionary forces that seek to overthrow governments with violence, like liberation movements or armed opposition groups; (iii) they do not aim to acquire state powers, as opposed to political parties; (iv) they are not for profit, in opposition to companies; (v) they are not disrespectful of the law although they might occasionally engage in civil disobedience and this criterion distinguishes NGOs from criminal organizations.Footnote 22 NGOs are important actors for the promotion of human rights, sustainable development and social justice: their contribution to standard-setting, reporting, fact-finding and for the overall promotion, implementation, and enforcement of international norms, especially human rights, is significant.Footnote 23 In addition to advocating on behalf of those unheard or unable to speak for themselves, NGOs play humanitarian and disaster-management roles bringing aid to those affected by armed conflicts, natural disasters, and famines.Footnote 24 Likewise, NGOs are key players in the field of international development and, in some countries, like in Bangladesh, they operate as a parallel government as they invest more money in development than the national government.Footnote 25 In recent years, there has also been an expansion of NGO activities at sea, ranging from protests aimed at scrutinizing the environmental impact of business actions to search and rescue operations for migrants.Footnote 26, Regulating NGOs, while promoting their legal accountability through regulatory intervention, is a challenging task. 15205 Report (2021). the integrity of the review process and stated they will no longer submit to a Total loading time: 0 Footnote 95 Sponsored by the Dutch Government, the 2018 IOHDA scoping study was conducted by the International Institute of Social Studies, Rotterdam University.Footnote 71 The study involved contributions from 76 participants including donors, governments, UN representatives, national and international NGOs, the Red Cross, and experts in the field. It has tremendous potential to escalate, drawing in others beyond the initial actor-target relationship. Second, it neglects existing ombudsman schemes presenting limitations, including the MP filter (UK Parliamentary Commissioner for Administration) and could lack impartiality and sufficient investigative powers to assess misconduct (Canadian Ombudsperson for Responsible Enterprise). ), NGOs in International Law: Efficiency in Flexibility? There are, of course, pros and cons to each of these options. 61 J. Mitchell and D. Doane, An Ombudsman for Humanitarian Assistance?, (1999) Disasters 115, 11619. 0000036327 00000 n 122 Footnote 106. A/RES/3202 (S-VI) (1974), where the UN General Assembly provided in Section V of the Resolution that all efforts should be made to formulate, adopt and implement an international code of conduct for transnational corporations. } Its effects can be devastating and widespread individually, organizationally and beyond. Footnote 88 Donors are likely to get involved too in managing and setting up the organizational machinery, considering that IOHDAs authority and existence will depend on donors funding. Section 5 examines the logistic and legal challenges, some of which identified by the proposal itself, related to the establishment of the IOHDA. liaison between ACS Publications and the chemistry community to address The Journal supports the work of the Press Council of Ireland and the Office of the Press Ombudsman, and our staff operate within the Code of Practice. and M.S. misconduct. 1 (Winter 2009). the International Ombudsman Association, it is critical to distinguish the role of ombuds from other dispute handling offices like HR (Human Resources), EAP (Employee Assistance Programs), Legal B. Breen, A. Dunn and M. Sidel, Regulatory Waves: an introduction, in O. to be brought to the attention of the relevant journal and/or institution. As a side benefit, many of the tasks related to culture change initiatives raise the profile and secure the institutionalization of the Ombudsman office, highlighting the unique set of processes, skills, and attributes unduplicated by other units in the organization. More participation from grassroot organizations, NGOs based in the Global South, and of the affected populations, would have been desirable both in the scoping study and, at a later stage, in the standard-setting process of the IOHDA. Footnote 92 At The University of Iowa, we 05 September 2022. Ombuds Services for Staff September 2017 Costs of Conflict Conflict is considered among the most significant and reducible costs to an organization (Freres, 2013). %o4)z}L/Ed! The Chinese Journal of Global Governance 2019-10-14 | Journal article | Author DOI: 10.1163/23525207-12340041 2150 N 107th Street Suite 205Seattle, WA 98133United States+1-206-209-5275 [emailprotected]. Footnote 19. Topics include: provision of both informal and formal optionsfor all employees and managers and other constituentsto raise any work-related concern; the need for a choice of options about most concerns, with multiple access points for complainants; the importance of providing a zero-barrier option in the CMS (such as an organizational ombuds) to reduce the risks that members of the organization (including bystanders) may face in raising concerns and good ideas; a self-help guide for ombuds office constituents (including bystanders) about how to consider taking action about harassment, abuse, and bullying; coordination of the informal and formal complaint-handling options provided by various organizational structures in an integrated conflict management system (ICMS); an example of an informal coordination structure (Portia) for an ICMS; and. Some of the conflicts we see as ombuds are rooted in different communication styles. In this way, the international ombuds could emerge more effective in providing accountability compared to existing schemes, paying particular attention to the issue of accessibility of the IOHDA for the complainants (if the complaint can be filtered through a representative) and the issue of ensuring the IOHDA impartiality from donors pressure and NGOs self-interests. See also Council of Europe Committee on Legal Affairs and Human Rights, Restrictions on NGO activities in Council of Europe Member States (Draft Report), Doc. See also K. Lattu, To Complain or not to Complain still the Question: Consultations with Humanitarian Aid Beneficiaries on their Perceptions of Efforts to Prevent and Respond to Sexual Exploitation and Abuse (2008). The Journal of the International Ombudsman Association (JIOA) is a peer-reviewed online source of scholarly articles and info relevant to the ombuds profession. Abstract:College and university ombuds were created throughout the United States in the late 1960s in response to campus tensions created by the Vietnam War and a growing university bureaucracy. 40 G. Gaja, First Report on Responsibility of International Organizations, UN Doc. PDF Journal of the International Ombudsman Association - ResearchGate In addition to her role as ombudsperson for ACS Publications, Kathleen is the Director of Ombuds 21 For an analysis on the problems of classification and definition of NGOs see K. Martens, Mission Impossible. of the paper but did not question the rejection, itself. Abstract:Mandatory arbitration is facing a backlash in the United States of America. More involvement of actors from the Global South is an imperative in light of the recent calls to decolonize the aid sector, unpack locally-led development, and shift the power from Northern to Southern NGOs. Apart from a handful of NGOs representatives that took part in the scoping study, there has been no real commitment by NGOs to backing the IOHDA through official campaigns and advocacy activities at the international level.Footnote 145 In general, NGOs are a driving force behind the establishment of international accountability mechanisms. If they are children, they should be charged in front of UK courts for breaking international sex tourism laws.Footnote 168 The statutory inquiry launched by the Charity Commission into Oxfam GB highlighted that NGOs are expected to report suspected criminal activity to overseas law enforcement authorities.Footnote 169 Nonetheless, there still could be occasions in which reporting may not be feasible, such as when the victims consent is legally required for reporting, or when the victim lacks trust in the local criminal justice system because there can be a real risk of harm for cultural reasons (e.g., in situations of pregnancy outside of marriage, prostitution, sex with teenagers, or people of the same sex).Footnote 170 Likewise, in explaining why Dennis succeeded in holding NRC accountable, Sandvik noted that taking NGOs to court through extraterritorial jurisdiction is an extraordinary complicated, expensive and time-consuming process, involving multiple jurisdictions and languages. 0000017603 00000 n Footnote 2 Journal of the International Ombudsman Association 7 (2): 9 - 27. The article discusses the author's insights on the inequalities faced by people who are perceived to be different in the work environment. Sort by date published, date added, or alphabetically. psychology and on the ombuds profession, and is fluent in both English and Spanish. ), Research Handbook on the Ombudsman (2018), at 1256. PDF The Impact of Direct and Indirect Communication The purpose of the Ombudsperson is to serve as an independent Journal of the International Ombudsman Association Wajngurt JIOA 2019 | 4 The one who exhibits the original uncivil behavior gets a heightened sense of power as others ignore the unchallenged critique of coworkers in front of others, the downplay of accomplishments of co-workers, or the yelling and screaming at targets in front of others. A subset stated that they have lost faith in and Respect (DEIR) panel discussing the function of the Ombuds role. This is a significant challenge because the scoping study indicates that one of the next steps is to investigate the support of the stakeholders towards this initiative.Footnote 142 While the UK House of Commons International Development Committee has been consistently sympathetic towards the establishment of the IOHDA, the UK Department for International Development labelled the same proposal as impractical and controversial and concluded that it should be abandoned.Footnote 143 When questioned about the feasibility of the IOHDA, Professor Doretha Hilhorst responded that, even if the international ombudsman should play a complementary role in promoting accountability in light of the proposed two-tier system, organizations like the UN and the Red Cross are sceptical about it because they do not see the need for external oversight as complementary to internal mechanisms.Footnote 144 Beyond the support that the IOHDA should gain in international diplomacy circles among governments, international organizations, and donors, there is the further challenge of getting the support of NGOs themselves. ORCID Consider Generic Options When Complainants and Bystanders Are Fearful., Supporting Bystanders: See Something, Say Something is Not Enough., "If You Have Been Harassed or Bullied: Some Ideas to Consider, A Questionnaire for Analyzing your Conflict Management System Based on the Functions Needed in a Conflict Management System., Portia: It is Not a Crisis Committee, But One Might Want a Portia Anyway., "An Organizational Ombuds Office In a System for Dealing with Conflict and Learning from Conflict, or Conflict Management System. In other jurisdictions, the concept of maladministration is broader than that employed in the UK. Evidence of innovation must go beyond simple measures of satisfaction and, instead, illuminate effectiveness and usefulness. OmbudsJournal (@OmbudsJournal) | Twitter More detail and further work about the development of the proposed model in terms of legal basis, organizational structure, costs, and nesting, is needed too. Journal of the International Ombudsman Association 3 (1): 9-23. Footnote 77, The IOHDAs authority could come from a number of sources ranging from a voluntary agreement or moral pressure to national or international laws. An Online Resource Library on Gender-Based Violence. Additionally, the Ombuds attended the ACS Conference In order to mitigate the above challenges, this article makes three key recommendations. 22 M. T. Kamminga, The Evolving Status of NGOs under International Law: A Threat to the Inter-State System?, in G. Kreijen et al. By the same token, Penny Mordaunt (UK Secretary of State for International Development, 20172019) highlighted that there is a risk that an international ombudsman might replicate certain regulatory institutions that are already in place at the national level, like the Charity Commission for England and Wales. This is a vital question because it is proposed that the IOHDA could have authority over a wide range of organizations, including those NGOs choosing not to support it actively. These may include sexual abuse and exploitation, but also complaints about the quality of aid, or even cases regarding fraud and corruption. "coreDisableEcommerceForArticlePurchase": false, 0000025239 00000 n National Resource Center on Domestic Violence ), Regulatory Waves: Comparative Perspectives on State Regulation and Self-Regulation Policies in the Nonprofit Sector (2017), at 23. Additionally, Dr. Canul has served as an ombuds consultant, taught courses in Although differences exist across countries in their regulatory approaches towards NGOs, governments typically regulate three core aspects: first, NGO registration and dissolution; second, NGO ability to engage in advocacy and political activities; and, third, the scope and the extent to which an NGO can engage in economic activities.Footnote 27 Increased state regulation is rarely a viable route to promote more NGO accountability, because it carries the risk of restrictive and intrusive policies by governments that wish to curb NGOs activities for pure political reasons. Third, the IOHDA lacks support from NGOs, a driving force, and the principal standard-setters for an international accountability mechanism, like the proposed ombudsman. www.ncvo.org.uk/policy-and-research/ethics/ethical-principles; www.ncvo.org.uk/policy-and-research/ethics. Footnote 118 0000046184 00000 n 0000001795 00000 n For instance, the study acknowledges that constituting the IOHDA within the framework of international law as per options five and six would give it strong authority and international reach, but this option would require significant inter-governmental agreements. 0000032337 00000 n 164 J. H. Knox, letter sent to Pavan Sukhdev, President, Marco Lambertini, Director-General, WWF International Gland Switzerland, MediaFire, 30 June 2021, available at www.mediafire.com/file/djd94a93rq79b24/Knox+Comments+on+WWF+Safeguards+-+30+June+2021.pdf/file Footnote 91 journal. In that case, there are three options available: (i) referral with or without accompaniment; (ii) enquiry, investigation, and recommendations; and (iii) liaising with the NGO, with a follow-up and escalation if necessary. Create an account to save and access your bookmarked materials anytime, anywhere. Published online by Cambridge University Press: frustration with the delay in response from the Editors on questions regarding 10; 1949 Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (Second Geneva Convention), 75 UNTS 85, Art. Official Report HC 734 Col 51 (1967). The first route consists in new regulatory initiatives, launched by intergovernmental organizations. In this context, an analogy with the UK Parliamentary Commissioner for Administration can be made. These factors all matter in terms of ensuring and maximizing the independence of the ombuds from its sponsorship.Footnote 138 In that respect, the 2019 Venice Principles on the Protection and the Promotion of Ombudsman Institution provide guidance regarding the procedure of appointment and dismissal of the ombudsman, as well as its term of office.Footnote 139 These principles provide an optimal version of independence, where an ombuds is appointed by and reports to the legislative body, to investigate the administrative branch of the government.Footnote 140 Albeit not written for the international or private sector ombudsmen, the Venice Principles can be relied upon to draft provisions governing the relationship between the IOHDA and its sponsor(s) whether that be NGOs or institutional donors ensuring that a set of adequate standards will be met when it comes to appointing, dismissing, and remunerating the pertinent ombuds. 0000042543 00000 n The final report gave two options to NGOs: option one (Pilot Test) called for a pilot to test the OHA on the field involving NGOs outside the UK.Footnote 62 Option two (Do Nothing) offered NGOs the possibility of considering the study as a stand-alone project without taking further actions.Footnote 63, In March 2000, the OHA proposal was aborted, and the project took a different direction following a meeting of NGOs at the International Federation of Red Cross in Geneva.
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