As it enters a more mature phase of its development, it becomes increasingly important to identify the ethical challenges inherent to the work, and to create and refine guidelines for practitioners. On a technical level, the IOHDA would have no authority to impose legal sanctions, and it would rely on non-legally binding recommendations to address organizational misconduct.Footnote 103 In the case of persistent non-compliance and/or failure to implement the recommendations by the NGO, the IOHDA may have the ability to publish the outcome of the investigation with the consequent threat to funding and reputation. C (76) 99 (Final) (1976) subsequently amended in 1979, 1982, 1984, 1991, 2000 and 2011. The UK House of Commons, International Development Committee, supra note 15, para. 1155 Sixteenth Street N.W.Washington, DC 20036, Copyright 2017American Chemical Society, Environmental Science & Technology Letters, - Journal of Industrial & Engineering Chemistry, Industrial & Engineering Chemistry Research, Journal of Agricultural and Food Chemistry, - I&EC Chemical & Engineering Data Series, Journal of Chemical Information and Modeling, - Journal of Chemical Information and Computer Sciences, Journal of Chemical Theory and Computation, - The Journal of Physical and Colloid Chemistry, The Journal of Physical Chemistry Letters, Journal of the American Society for Mass Spectrometry, Mastering the Art of Scientific Publication, Diversity, Equity, Inclusion, and Respect at ACS Publications, ACS Publications Diversity, Equity, Inclusion and Respect, The Chemical Professional's Code of Conduct, How to Handle Difficult Conversations at Work, How to De-Escalate an Argument with a Coworker, Editor misconduct (suspected bias, handling of the peer The authority of the IOHDA over these organizations may vary depending on the type of voluntary commitments and/or agreements between donors and funding recipients. based on race or gender.
Ombuds and Conflict Resolution Specialists: Navigating Workplace 10; 1949 Geneva Convention Relative to the Treatment of Prisoners of War (Third Geneva Convention), 75 UNTS 135, Art. According to Stockton, some NGOs were hostile to the OHA because they did not want to subject the humanitarian act of compassion to technical, legal or contractual norms. Third, the proposal lacks support from NGOs themselves, which are a driving force behind the establishment of accountability mechanisms at the international level and should be the principal standard-setter for an instrument like the IOHDA. HV9jmX7]iUM;vmgvME1R_W(v>
75ou2[/[nZZOVKVt'.cqB~~Tw~{;y#M&m~ regarding the peer review process. A subset expressed As Noortman notes, even if the legal accountability of NGOs is underdeveloped and underreached among international lawyers there is a fast-growing literature on the concept across the social sciences and beyond. Journal of the International Ombudsman Association Mary Rowe 4.4 The Ombudsman supplements, but does not replace, any formal channels. 0000001795 00000 n
Authors are encouraged to write in a narrative format (not Q & A). 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. First, it should be elucidated with greater clarity that the IOHDAs scope is limited to addressing solely whether the NGO leadership and management have engaged in conduct or failed to prevent, address, or report to the relevant authority the commission a crime, specifically cases of sexual abuses. The JIOA helps foster recognition that what we do for our agencies, corporations, colleges, and universities is worthy of study. See also The World Bank, Governance & Public Sector Management (2016). Additionally, the Put simply, the IOHDA would be a last resort complaints mechanism. Taken together, the elements of a well-designed CMS provide sturdy support for orderly and constructive voice for every person who works in an organization. B. Breen, A. Dunn and M. Sidel (eds.
PDF Journal of the International Ombudsman Association - MemberClicks The GC website clarifies that non-business participants are also encouraged to commit their organisation to the 10 Principles and to report on progress made within their organisation, United Nations Global Compact, available at www.unglobalcompact.org/about/faq. Editor response may also fuel the perception that important issues are not addressed. 0000033311 00000 n
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. address questions, problems, and conflicts regarding the peer review process.
PDF Journal of the International Ombudsman Association - ResearchGate 20 S. Charnovitz, Nongovernamental Organisations and International Law, (2006) 100 American Journal of International Law 348, at 351. 0000016171 00000 n
The concerns may involve Editors, Editorial Advisory Board members, or reviewers, of the paper but did not question the rejection, itself. Book Review for "Stewardship: Choosing Service Over Self-Interest" by Peter BlockSandra L. Moore28 August 2020.
An International Ombudsman to make non-governmental organizations more 2, No. To elaborate, the regulation and oversight of the NGO sector is performed, at the national level, by charity regulations whose power is to grant and revoke the charity status and also issue disciplinary sanctions in cases of misconduct. TheJournal of the International Ombudsman Association (JIOA)is a peer-reviewed online journal for scholarly articles and information relevant to the ombuds profession. These illustrations are to be grounded in theory and/or research as well as convey relevance beyond the organization(s) of the author(s). Because the number of individuals seeking assistance is 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. 27 E. A. Bloodgood, J. Tremblay-Boire and A. Prakash, National Styles of NGOs Regulation, (2014) 43 Non-Profit and Voluntary Quarterly 716, at 7201. ", Designing Integrated Conflict Management Systems: Guidelines for Practitioners and Decision Makers in Organizations., "Dispute Resolution in the Non-union Environment: An Evolution Toward Integrated Systems for Conflict Management? 147 T. van Boven, The Role of Non-Governmental Organisations in International Human Rights Standard-Setting: A Prerequisite for Democracy, 1990 (20) California Western International Law Journal 207, at 211. When, and if, the IOHDA is brought forward to the next stage (that is, testing stakeholders support towards this initiative), we suggest increasing the participation of NGOs through forms of democratic dialogue involving all different components of global civil society in particular NGOs and affected populations from the Global South because participatory approaches will truly make NGOs both the ruler and the ruled of the IOHDA. 43 B. K. Woodward, Non-State Actors Responsibilities: Obligations, Monitoring and Compliance, in N. Gal-Oh, C. Ryngaert and M. Noortmann, Responsibilities of the Non-State Actor Armed Conflict and the Market Place: Theoretical Considerations and Empirical Findings (2015), at 401.
PDF Bystander Training within Organizations - Boston University 25 D. Godrej, NGOs: Do they Help?, New Internationalist, 1 December 2014, available at newint.org/features/2014/12/01/ngos-keynote. Journal of the International Ombudsman Association, Reflections on a Team Approach to an Ombuds Office, I N T E R N a T I O N a L O M B U D S M a N a S S O C I a T I, Applying the Ombuds Role to Your Organization Scott Deyo and Kevin Jessar, Effectiveness of Organizational Ombudsmen." It mentions the major issues, such as unequal benefits, and little . For assistance in locating a resource, use our. 4.5 The Ombudsman does not participate in any formal investigative or adjudicative pro - In terms of organizations covered, the IOHDA will exercise different degrees of authority over a wide range of humanitarian and development entities including NGOs, the UN, and other multilaterals, the Red Cross, private organizations, and donors. 16 S. ONeil, Oxfam Rocked by new Sex Claims against Aid Workers, Times, 2 April 2021. Before exploring the 2018 IOHDA proposal and seeing what this ombudsman should look like, the next section examines the first ombudsman proposal made in the field. Multiple definitions of NGO accountability exist, and scholars have analysed the concept from different perspectives, exploring for what, how, and to whom NGOs should be accountable. ), and financing (who will pay for it?). National Resource Center on Domestic Violence. Footnote 92 Whichever route is chosen, ensuring NGO accountability is now a pressing need for building a better and safer world. Journal of the International Ombudsman Association mon, and other scholars are examined. 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. For example, the establishment of the International Criminal Court (ICC) is the result of effective advocacy strategies performed by the Coalition for the ICC a global network of over 2,500 NGOs and it is for this reason that the ICC is regarded as an achievement of global civil society.Footnote 146 Similarly, NGO advocacy has frequently triggered the processes of human rights standard-setting, leading to the codification of prominent international human rights norms including freedom from torture, rights of the child, and rights of indigenous peoples.Footnote 147 In light of this, and given that the IOHDA is a body specifically designed for their accountability, NGOs should be the principal standard-setters for the proposed international ombuds. Footnote 109 As advocates for fair processes and adherence to policy, organizational ombuds work on the cutting edge of a dynamic, new normal for equitable and respectful relationships in our institutions. As already documented above, complainants might face language and cultural barriers in accessing the mechanism. 4 1967 Parliamentary Commissioner Act, as amended by the 1987 Parliamentary and Health Service Commissioner Act; 1994 Parliamentary Commissioner Act. Journal of Social Welfare and Family Law 38 (1): . Ibid. 0000042543 00000 n
To preserve the privacy of those requesting services, the Ombuds utilization ", "Dealing with Harassment: A Systems Approach. ST/SGB/2002/12 (2002). Footnote 93 166 Footnote 85 13 D. Hilhorst, A. Naik and A. Cunningham, International Ombuds for Humanitarian and Development Aid Scoping Study, International Institute of Social Studies (2018). This article reviews Virtue at Work, outlining the content of the book and highlighting its potential uses for ombudsmen. 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. Professor Doretha Hilhorst a member of the 2018 IOHDA research group claimed that internal procedures are not enough, it is time to bring accountability to the next level by establishing an external and independent authority like the proposed IOHDA. (eds. liaison between ACS Publications and the chemistry community to address 138 B. Thompson, The Challenges of Independence, Accountability and Governance in the Ombudsman Sector, in R. Kirkham and C. Gill (eds. Authors wishing to discuss submission ideas are encouraged to contact the Co-Editors or a member of JIOA's Editorial Board via email at [emailprotected]. 40 G. Gaja, First Report on Responsibility of International Organizations, UN Doc. ACS Publications peer review process. informal, and confidential. At The University of Iowa, we Over the past 20 years, there has been a proliferation of self-regulatory initiatives worldwide.Footnote 52 Prominent attempts to regulate the sector include the Sphere Standards (Humanitarian Charter and Minimum Standards), Accountable Now, and the Red Cross Code of Conduct. recommended to further highlight the Ombuds role and build trust among communities. These may include sexual abuse and exploitation, but also complaints about the quality of aid, or even cases regarding fraud and corruption. An evolution of the book review format, manuscripts, to comment on the wide variety of media currently available to ombuds practitioners. In terms of preference among the six options, research participants converged towards option four: a joint sectoral entity that complements and strengthens existing accountability mechanisms is nested in an international body and governed by different parts of the sector, with the work carried out by a small secretariat supported by a flexible roster of technical experts and on-the-ground specialists. 10 Charity Commission for England and Wales, Statement of the Results of an Inquiry. The study has the merit of unpacking the essential elements of the IOHDA in terms of scope, jurisdiction, role, and structure. ;nN Nft7P\#Z-*'2P*E79P;X5{.FUHW_-_i0.INfX+ {y*
endstream
endobj
262 0 obj
<>stream
123 See, in general, C. Gill and N. Creutzfeldt, The Ombuds Watchers: Collective Dissent and Legal Protest Among Users of Public Services Ombuds, (2018) 27 Social & Legal Studies 367. 5 Consolidated version of the Treaty on the Functioning of the European Union, Article 228 (ex Art. Journal of the International Ombudsman Association Vol. Quality and Accountability of Humanitarian NGOs, (2002) 26(3) Disasters 193. 12 Charity Commission for England and Wales, Statement of the Results of an Inquiry; The Save the Children Fund Save the Children UK (2020). The second route consists in applying the business and human rights framework meant for corporations to NGOs, particularly those carrying out business activities, using the three major initiatives in the field: the UN Global Compact, the OECD Guidelines, and the UNGPs. 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. 133 The UK House of Commons Public Administration Select Committee, Time for a Peoples Ombudsman Service (2014), para. Dr. Canul has over 20 years of experience serving as an ombudsperson, including Students may experience racial micro-aggressions inside or outside of school, but either way, the experiences can affect their mental outlook as students. The Journal of the International Ombudsman Association (JIOA) is a peer-reviewed online journal for scholarly articles and information relevant to the ombuds profession. Politics, Principles and Innovations (2006); A. Ebrahim, Accountability in Practice: Mechanisms for NGOs, (2003) 31 World Development 813; M. Edwards, NGO Rights and Responsibilities: A new Deal for Global Governance (2000). 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. First, the IOHDAs scope is too broad and misinterprets the ombudsmans jurisdiction and traditional role. are also typically considered for the Research in Brief section. The Committee called for the establishment of an ombudsman to provide a right to appeal, an avenue through which those who have suffered can seek justice by other means. The results displayed below have been grouped first by VAWnet Special Collections - containing our most highly valued resources - then by individual related materials. 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. Feature Flags: { 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. The ACS Publications Ombudsperson program is independent, neutral, 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. their own observation. Overcoming Groundhog Day: Changing Organizational Culture while Institutionalizing the Ombudsman RoleSusan Raines & Tavia Harrison19 June 2020. In this context, an analogy with the UK Parliamentary Commissioner for Administration can be made. Second, the IOHDA neglects that existing ombudsman schemes present limitations in enacting accountability and does not learn any lessons from them. To do so, this article proceeds as follows: Section 2 overviews the regulation and the legal accountability of NGOs under national and international laws. 10; 1949 Geneva Convention Relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention), 75 UNTS 287, Art. x+TT(T0 B3C#sK#Tp}\S|@
endstream
endobj
261 0 obj
<>stream
57 D. Peppiatt, The Ombudsman Project: Pilot Project to Investigate the Concept of an Ombudsman for Humanitarian Assistance, (1997) 9 Relief and Rehabilitation Network Newsletter 17. at the ACS Publications booth. All Ombuds services provided to ACS follow the International Ombudsman 0000009539 00000 n
30 Council of Europe Expert Council on NGO Law, Using Criminal Law to Restrict the Work of NGOs Supporting Refugees and Other Migrants in Council of Europe Member States, CONF/EXP (2019)1. Abstract:This paper explores the proposition that a formal model of supervision and support for Organisational Ombudsmen (OOs) should be implemented. The article cites two reasons for engaging all levels of an organization in "active bystander" training: Journal of the International Ombudsman Association, Subscribe to Journal of the International Ombudsman Association Content Topic Results, Community Organizing / Mobilization / Engagement, FGM / Honor Killings / Forced Marriage / Acid Attacks. Micro-affirmations & Micro-inequities. Footnote 69 0000037819 00000 n
content or concerns about scientific misconduct by authors, which need to be TheJournal for the International Ombudsman Associationhas contacted several publishers and requested copies of a few books where the reviews could be useful to the ombuds community. to be brought to the attention of the relevant journal and/or institution. Why Should My Organization Have an Ombuds? The multi-tier alternative dispute resolution system integrating mediation, recommended settlements and adjudications adopted by the FOS internally and the unique position it enjoys in relation to various actors such as the regulators, courts, industry and consumers within the dispute resolution framework enables it to not only act as a grievance addressal point but also as an agent of change. and Not Do? Footnote 97, The complaint mechanism would be hierarchically organized into a two-tier system. In order to effectively understand the role, scope, and purpose of the office, as well as the founding ombuds, Dr. James Rust, theresearcher examined the annualreports provided by Dr. Rust and his colleagues that covered the years of 1967 through the end of his tenure in August 1974. 0000037031 00000 n
Footnote 98 Sbragia AM (2000) Governance, the State, and the Market: What Is Going On? Literature reviews and essays that connect current issues with practice, propose creative models for ombuds. 0000032525 00000 n
is a peer-reviewed online journal for scholarly articles and information relevant to the ombudsman profession. The Ombudsperson does not participate in any formal investigative or Abstract:This book review discusses Blocks radical Stewardship philosophy which upends traditional leadership and organizational hierarchy paradigms to promote employee equality and engagement. Footnote 91 115 M. Shuteriqi, Enhancing Accountability SEA: Is a Sector Ombudsperson the Next Step?, (2018) ICVA Discussion Paper 4. contact who brought forward a concern until a resolution has been Dr. Kathleen Canul is the inaugural ACS Publications Ombudsperson Footnote 141 Recently proposed legislations are geared to severely restrict the scope of mandatory arbitration in consumer disputes. various professional associations, which have been disclosed to the ACS and are reviewed 143 S. Edwards, DFID gives up on Idea for an International Safeguarding Ombudsman, 2019, Devex, available at www.devex.com/news/dfid-gives-up-on-idea-for-an-international-safeguarding-ombudsman-95886. In addition to her role as ombudsperson for ACS Publications, Kathleen is the Director of Ombuds 71. 42 ECOSOC Resolution 1296 (XLIV), UN Doc. misconduct. Copyright 2023 International Ombuds Association. 139 Principles on the Protection and Promotion of the Ombudsman Institution (The Venice Principles), adopted by the Venice Commission at its 118th Plenary Session (Venice, 1516 March 2019). . Manuscripts that describe ombuds evaluation, mentoring, or other components of ombuds training. *D)so*}P\\XC".o@}BMS;;Qj;[aQ Section 5 examines the logistic and legal challenges, some of which identified by the proposal itself, related to the establishment of the IOHDA. See also J. Grierson, Oxfam Scandal: Penny Mordaunt to meet National Crime Agency, Guardian, 14 February 2018. 9 S. ONeill, Minister Orders Oxfam to Hand over Files on Haiti Prostitute Scandal, Times, 9 February 2018. Restrictions on NGOs activities are on the rise worldwide and this trend is not limited only to authoritarian or illiberal nations.Footnote 28 According to the International Centre for Not-for-Profit Law, 161 restricting laws have been introduced worldwide since 2012 preventing NGOs from raising donations, providing services to those in need, and operate as watchdogs over governments.Footnote 29 In December 2019, the Council of Europe reported that restrictions cover different kinds of NGO activities ranging from strict disclosure requirements about NGO funding to the criminalization of NGO boats rescuing migrants in the Mediterranean Sea.Footnote 30 For CIVICUS (a global network of civil society organizations), the regulatory environment for NGOs has worsened as a result of the restrictions on freedom of assembly, freedom of thought and speech introduced worldwide, through emergency legislation, to tackle the Covid-19 pandemic.Footnote 31, In addition to the restrictive laws, a further issue is represented by the limited capacities of national charity regulators and watchdogs, like the Charity Commission for England and Wales, to enact accountability at the sectoral level. 6 UN Office of the Secretary-General, Office of the Ombudsman appointment and terms of reference of the Ombudsman, UN Doc. Footnote 67 The results displayed below have been grouped first by VAWnet Special Collections - containing our most highly valued resources - then by individual related materials. degrees in psychology and a Ph.D. in clinical psychology. 66 I. Christoplos, Humanitarianism, pluralism and ombudsmen: Do the pieces fit?, (1999) 23(2) Disasters 125, at 127. The JIOA is a peer-refereed journal and articles are accepted without remuneration. November 2021 - August 2022 It is argued that supervision benefits not only OO practitioners and the organisations in which they work but that it also contributes to the standing of the profession by promoting consistency and supporting reflective practice. It reviews supervision models in established professions, such as psychology and social work, to identify the key characteristics of a model for Organisational Ombudsmen, and proposes that a mandated supervision requirement is an important and defining characteristic of mature professions, providing not only psychological support but guidance towards ethical practice. Leaders Summit, UN Headquarters (2004), Participation to the GC is open to business and non-business participants. Unless NGOs campaign for such a normative change and take a proactive role in setting-up this new body, it is improbable that the IOHDA will ever be established. On the one hand, it aims at creating new criminal records and background checks for aid workers and promoting information sharing between aid and law enforcement agencies.Footnote 152 On the other hand, it aims at developing a humanitarian passport so that the identity and work history of all individuals working in the aid sector can be checked and tracked more easily.Footnote 153 At the same time, the OECD Development Assistance Committee adopted the 2019 Recommendation on Ending Sexual Exploitation, Abuse and Harassment in Development Cooperation and Humanitarian Assistance, a non-legally binding instrument that sets standards for member governments, bilateral donors, and their implementing partners, including NGOs.Footnote 154 This instrument makes a number of recommendations to the adhering parties, including developing survivor- and victim-centred response mechanisms to deal with sexual abuse at the organizational level and ensuring international co-ordination with donors and implementing partners for abuse prevention and response.Footnote 155 While the Soteria Project and the OECD Recommendation represent an important step forward in establishing new external oversights for NGOs, Clark warns about the potential challenges that NGOs might face from the implementation of these initiatives, including the duplication of mechanisms and standards, new layers of bureaucracy and additional resources to ensure norm compliance, the risk of inappropriate cultural intrusion, and competition between conflicting national standards.Footnote 156, Another route consists in applying business and human rights law, meant to apply only to multinational corporations, to make NGOs more accountable for their human rights performance. 19 D. Hilhorst, Aid agencies cant police themselves. Media Review manuscripts, informative and critical, allow ombuds to learn of media that is. These range in length between 6,000 to 10,000 words. Manuscripts submitted for review in this area of emphasis should describe high-quality illustrations of effective, creative, and collaborative practices, programs, or policies. By no means could the IOHDA act as a criminal judge; neither can it possibly deal with an undefined volume of complaints of different kinds. Steven Patrick Dennis v. Flyktninghjelpen [Norwegian Refugee Council], TOSLO-2015-32886 (2015). Journal of the International Ombudsman Association 7 (2): 9 - 27. hearing concerns associated with research and publications. ), State, Sovereignty and International Governance (2002), at 390. Accordingly, the label ombudsman is now used for a range of public and private mechanisms that often depart from the public sector and national ombuds, with some new variants that focus almost entirely on mediation or have additional mediation powers. 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.
Creme Egg Fondant Recipe,
Articles J