TheJournal of the International Ombudsman Association (JIOA)is a peer-reviewed online journal for scholarly articles and information relevant to the ombuds profession. 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. 0000035524 00000 n In light of this, the IOHDA should also play a role in advising and helping NGOs to strengthen and develop robust first-tier complaint mechanisms. 15 The UK House of Commons, International Development Committee, Sexual Exploitation and Abuse in the Aid Sector. contact who brought forward a concern until a resolution has been 69 M. Deloffre, Global accountability communities: NGO self-regulation in the humanitarian sector, (2016) 42(4) Review of International Studies 724, at 7378. Where possible, the Ombuds may also facilitate conversations or offer mediation 38 See Charnovitz, supra note 20, at 335. Journal of the International Ombudsman Association 7 (2): 9 - 27. 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. 0000034907 00000 n The Journal of the International Ombudsman Association (JIOA) is a peer-reviewed online journal for scholarly articles and information relevant to the ombuds profession. Dealing withor ReportingUnacceptable Behavior (PDF). 152 UK Department for International Development, International Development Secretary calls on UK aid agencies to share data on staff misconduct, 25 February 2020, available at www.gov.uk/government/news/international-development-secretary-calls-on-uk-aid-agencies-to-share-data-on-staff-misconduct. The Ombudsperson does not participate in any formal investigative or In the past few years, there have been important developments in that respect. Ombuds can benefit from insight into the complexity and challenges needed to reform organizational dynamics and implement widespread change. 0000024315 00000 n August Community Connections: JIOA Special Edition, Webinar: What You May Not Know About the Effects of Workplace Bullying & How to Use it for Intervention to Recommend in the Workplace, (SOLD OUT) Virtual Foundations Course | August 2023, Core Course: Cultural Understanding for Ombuds, United States Ombudsman Associations 42nd Annual Conference, The Ethics of Interpersonal Relationships (2009) by Firestone & Catlett, An Introduction to the Psychodynamics of Workplace Bullying (2019) by White, Bridges not Blockades: Transcending University Politics (2019) by Maddox and Diede, Ethics, Meaningfulness, and Mutuality (2019) by Yeoman, Corporate Reputation and Social Activism (2019) by Abito, Besanko, and Diermeier. %PDF-1.6 % 18 Oxfam Independent Commission on Sexual Misconduct, Accountability and Culture, Toward a more accountable Oxfam Final Report (2019), 50. 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. 124 N. Abedin, The Ombudsman in Developing Democracies: The Commonwealth Caribbean Experience, (2010) 23 International Journal of Public Sector Management 221, at 228. Footnote 99 Abstract:Perseverance is an introspective guide that offers the reader direction on how to overcome obstacles and persevere through them. Footnote 110 Journal of the International Ombudsman Association; Journal of the International Ombudsman Association; Andrew Cohn Consultant, Facilitator, Counselor/Coach to Leaders, and Organizational Ombudsman; ICANN Office of the Ombudsman Literature Based Review P 1 TABLE of CONTENTS; Chapter IV Effectiveness of Organizational Ombudsmen; Ccoi32020.Pdf Ibid. Informality the Fourth Standard of Practice - MIT Sloan 195 TEC). 118 See The UK House of Commons, International Development Committee, supra note 15, para. Ombudsmen schemes exist both at the domestic and international level. Footnote 70 In order to mitigate the above challenges, this article makes three key recommendations. 171 K. B. Sandvik, Humanitarians in Court: How Duty of Care Travelled from Human Resources to Legal Liability, (2019) 50 Journal of Legal Pluralism and Unofficial Law 358, 365. 55. 52 O. The first route consists in new regulatory initiatives, launched by intergovernmental organizations. For a comprehensive analysis of the concept and seminal works see L. Jordan and P. van Tuijl (eds. The Department of Homeland Security's Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) invites you to participate in a webinar highlighting our 2023 Annual Report to Congress on Tuesday, July 11, 2023, from 1 to 2 p.m. Eastern Time.. On June 30, we submitted our 2023 Annual Report to Congress.Each year, our office conducts a substantive analysis and makes . ), Human Rights in Extractive Industries: Transparency, Participation, Resistance (2019), at 502. "corePageComponentGetUserInfoFromSharedSession": true, These range in length between 6,000 to 10,000 words. 0000032695 00000 n PDF Cost of Conflict - University of New Mexico .0'#u>E$tevR=O.I#yU8[DktMU.d re6:+g,U:_6$b*Heqx3Jg4zs8gk,\cM,5F:fC;+ j1> QF},q~o3-}hoK 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. 2020 JIOA Articles - Ombuds Association To do so, this article proceeds as follows: Section 2 overviews the regulation and the legal accountability of NGOs under national and international laws. based on race or gender. Footnote 76 Some of the conflicts we see as ombuds are rooted in different communication styles. 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. Defining Nongovernmental Organizations, (2002) 13 Voluntas 271; A. All rights reservedPrivacy Policy. 0000024851 00000 n www.ncvo.org.uk/policy-and-research/ethics/ethical-principles; www.ncvo.org.uk/policy-and-research/ethics. This article identified three further challenges related to the creation of this body. Footnote 19. informal, and confidential. at the ACS Publications booth. Ombuds in academic institutions are often alerted to bullying situations before formally designated offices. 0000032272 00000 n 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. While the Ombuds role is new and those requesting assistance are still few, it 50 UN Human Rights Council, Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework. 173 D. Gunheux and A. Bottomley (eds. 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. See also Spanish Ombudsman, Spains National Preventive Mechanism against Torture: Annual Report (2016). The first challenge has to do with IOHDAs jurisdictional scope and its misinterpretation of the ombudsmans traditional role. C Vakil, Confronting the Classification Problem: Toward a Taxonomy of NGOs, (1997) 25 World Development 2057. 0000001874 00000 n In Denmark, for example, the ombudsman might examine mistakes and unreasonable decisions and in Norway, the ombudsman can investigate decisions which are clearly unreasonable. According to Keenan, the Canadian ombudsperson has not been granted enough independence to conduct investigations about allegations of abuse by Canadian companies operating abroad because it operates under the direct control of government authority and advises the Minister of International Trade on issues concerning responsible business. 31 CIVICUS, Freedoms under Threat during the Covid-19 Pandemic A Snapshot of Restrictions and Resilience, 2020 (October) CIVICUS Monitor 1. %PDF-1.6 % Refine your search by category, types, author and/or publisher using the options provided. Sbragia AM (2000) Governance, the State, and the Market: What Is Going On? 165 See D. Carolei and N. Bernaz, Accountability for Human Rights: Applying Business and Human Rights Instruments to Non-Governmental Organisations, (2021) 13(3) Journal of Human Rights Practice 507, 522. 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. 4a;~o! Additional outreach to diverse groups is important and It has tremendous potential to escalate, drawing in others beyond the initial actor-target relationship. reported concerns. PDF The Faculty Ombudsperson: Maintaining Civility and Academic Freedom in 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 Ombuds 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. 0000032525 00000 n According to the European Ombudsman, maladministration administrative irregularities, unfairness, discrimination or the abuse of power, for example in the managing of EU funds, procurement or recruitment policies, How can the Ombudsman help?, available at ombudsman.europa.eu/en/how-can-the-ombudsman-help. } If you are passionate about any of the following works and you would like review for theJIOAwe encourage you tolearn moreabout our review process and reach out to the team to get involved. A common criticism of the UK Parliamentary Commissioner for Administration is that any complaints have to be filed through a Member of Parliament under section 6(3) Parliamentary Commissioner Act 1967.Footnote 130 This requirement, known as the MP filter, implies that the complainant has no direct right of access to the ombudsman.Footnote 131 This filter has been viewed by many as an arbitrary barrier between the ombudsman and the complainant which, in turn, could be limiting to the ombudsmans powers of investigation.Footnote 132 In 2014, the UK House of Commons Public Administration Select Committee was highly critical of the MP filter as it disempowers citizens, obstructs access to their rights, and deters people from making complaints.Footnote 133 In light of this criticism, the UK Government published, in December 2016, a draft bill to create a Public Service Ombudsman for UK reserved matters and public services in England: one of the draft bills most notable innovations is the removal of the MP filter.Footnote 134 Based on that, the idea of allowing complaints through a representative speaking on behalf of the complainant could have the paradoxical effect of rendering the IOHDA difficult to reach rather than enacting its accessibility, representing a procedural barrier similar to the MP filter. (Note: This article includes a discussion of the myriad reasons . Under international law, the global system is state-centric and NGOs, like any other non-state actor, do not possess legal personality.Footnote 38 For this reason, NGOs cannot be subject to the same accountability standards meant for states, for example the international human rights regime. If you have any questions about the JIOA please contact the editors at[emailprotected]. The question of authority will need to be addressed more in-depth: from where does the authority of the ombuds come? 14 The UK House of Commons, International Development Committee, Follow-up: Sexual Exploitation and Abuse in the Aid Sector. is a peer-reviewed online journal for scholarly articles and information relevant to the ombudsman profession. "coreDisableSocialShare": false, There are at least two reasons to consider engaging all levels of an organization in such a process: Encouraging the positive: to foster productive behavior from all managers and employees, and other members of the organization, if any; to improve morale and collegiality; to "build community " and foster "inclusion . Feature Flags: { While we must vigorously protect the confidentiality of our interactions, we can still study and be studied to understand what we do and how we do it; what works well and what doesn't work; what our options are; how social, technical and legal changes may impact us; what the profile and career development of ombudsman professionals might be, and other matters of interest. Bystanders: See Something, Say Something Is Not Enough. Rowe, Mary P. Journal of the International Ombudsman Association - DocsLib The purpose of the Ombudsperson is to serve as an independent liaison between ACS Publications and the chemistry community to address concerns about Editors, Editorial Advisory Board (EAB) members or reviewers regarding the peer review process. 0000033311 00000 n But the IOHDA represents a golden opportunity to create a more robust regulatory and accountability framework for NGOs, bringing about the normative change needed at the international level. National Resource Center on Domestic Violence 10; 1949 Geneva Convention Relative to the Treatment of Prisoners of War (Third Geneva Convention), 75 UNTS 135, Art. Learn more using the resources below. 0000010413 00000 n Google Scholar. 15205 Report (2021). This paper examines early ombuds practice, specifically the shift away from a model that served only students to one that served the entire campus community. (PDF) Ombuds and Bystanding: Embracing Influence - ResearchGate 49 Organisation for Economic Cooperation and Development, Guidelines for Multinational Enterprises Annex to Declaration on International Investment and Multinational Enterprises, OECD Doc. 68 See, in general, D. Hilhorst, Being Good at Doing Good? Third, the IOHDA lacks support from NGOs, a driving force behind the establishment of international accountability mechanisms, which should be the principal standard-setter for a body designed to deal with their accountability, like the IOHDA. 1 (Winter 2009). Current and past issues of the JIOA are available to everyone. In some countries, dissatisfied users of public service ombudsman schemes gave birth to associations known as ombuds watchers to organize protests against the ombudsmen and advocate for their reform.Footnote 123 In developing countries, ombudsmen emerged mainly because international donors, like the World Bank, put pressure on national institutions to deal with corruption and lack of transparency in the public sector.Footnote 124 Yet, in some developing countries, ombudsmen remain largely ineffective or exist only on paper: these countries have adopted this institution in an effort to improve their human rights image and it is more of a front or facade for human rights or democracy.Footnote 125 Examining the pertinent European Court of Human Rights (ECtHR) jurisprudence, Laffranque former ECtHR judge concluded that the ombudsman does not constitute an effective remedy within the meaning of Article 35 of the European Convention on Human Rights (ECHR).Footnote 126 According to Laffranque, most national European ombudsmen have no power to impose legally binding decisions on administrative authorities, their investigations do not represent an effective remedy under the meaning of Article 13 ECHR, and this is so even in cases where the ombudsman has additional powers to launch court cases, or challenge the constitutionality of national laws.Footnote 127. Vawnet is a project of: Journal of the International Ombudsman Association Content Topic Results. 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. Footnote 72 Forthcoming. 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. 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. Articles submitted for the Research in Brief section should report meaningful research that does not require a full-length manuscript. frustration with the delay in response from the Editors on questions regarding 144 R. van Abswoude and P. Heintze, The Potential of an International Ombuds for Humanitarian and Development Aid A Scoping Study, Kuino, 2018, at 11, available at www.kuno-platform.nl/wp-content/uploads/2019/02/Final-report-International-Ombuds.pdf. )~GlYQs^ 5 Consolidated version of the Treaty on the Functioning of the European Union, Article 228 (ex Art. In the USA, ombuds have been particularly. 9 S. ONeill, Minister Orders Oxfam to Hand over Files on Haiti Prostitute Scandal, Times, 9 February 2018. 0000016531 00000 n Footnote 115. ), Regulatory Waves: Comparative Perspectives on State Regulation and Self-Regulation Policies in the Nonprofit Sector (2017), at 23. Dr. Kathleen Canul is the inaugural ACS Publications Ombudsperson Copyright 2021. Moreover, it is worth noticing that most of the NGOs that took part in the scoping study operate internationally and are headquartered either in Western Europe or North America. 0000033929 00000 n 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. 0000042284 00000 n Ombuds Services for Staff September 2017 Costs of Conflict Conflict is considered among the most significant and reducible costs to an organization (Freres, 2013). 2150 N 107th Street Suite 205Seattle, WA 98133United States+1-206-209-5275 [emailprotected]. 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 @)UrA]rx#H;QmLl*C k.KOG)" 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. Third, the IOHDA lacks support from NGOs, a driving force, and the principal standard-setters for an international accountability mechanism, like the proposed ombudsman. 0000025239 00000 n OmbudsJournal (@OmbudsJournal) | Twitter See also The World Bank, Governance & Public Sector Management (2016). Consequently, the IOHDA would operate as a second-tier appeal body and can be reached after internal and or sectoral organizational mechanisms have been exhausted by the complainant. articles focused on specific interventions and research which examines the ombuds profession with regards to training, administration, etc. Has data issue: false 42 ECOSOC Resolution 1296 (XLIV), UN Doc. The third route is extraterritorial jurisdiction, through which an NGO is held liable for misconduct perpetrated overseas using the law of the country where the NGO is registered or headquartered to operate internationally. 0000001663 00000 n Footnote 59 141 J. Daun, Humanitarian Accountability: A Conceptual Analysis, (2020) 41 Refugee Law Initative (working paper) 1, at 8. psychology and on the ombuds profession, and is fluent in both English and Spanish. 37 0 obj <> endobj xref 37 48 0000000016 00000 n The lack of clarity about the OHA enforcement powers, as well as the uncertainties regarding the jurisdiction of the OHA over those NGOs that did not support the feasibility study, were two reasons to terminate the project. Bloch, Brian, David Miller, and Mary Rowe, Is It Time for a Model Organizational Ombuds Act? 33 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. These should not exceed 6,000 words. 2080 Linglestown Road, Suite 106 - Harrisburg, PA 17110 Copyright 2023 International Ombuds Association. 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). Ombudspersons scope excludes manuscript decisions without clear indication Ibid. 0000032045 00000 n 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. 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. E/4548 (1968). Services at the University of California, Los Angeles. The results displayed below have been grouped first by VAWnet Special Collections - containing our most highly valued resources - then by individual related materials. She also serves as a consultant to Footnote 171. Whichever route is chosen, ensuring NGO accountability is now a pressing need for building a better and safer world. Low morale, disengagement, high turnover, workplace bullying, discrimination, sexual harassment, sabotage, and embezzlement are all symptoms of dysfunctional organizational cultures (Raines 2019). 168 H. Yorke, Oxfam workers could face UK prosecution over sex crimes, Telegraph, 12 February 2018. The JIOA can facilitate a greater interest in ombudsing, enhance our professional standing, and serve to give us a better understanding of our dynamic roles and the impact on our institutions and agencies. 6 UN Office of the Secretary-General, Office of the Ombudsman appointment and terms of reference of the Ombudsman, UN Doc. Its effects can be devastating and widespread individually, organizationally and beyond. It recommends that ombuds add this book to their lending library as well as read it for their own development. What is even more controversial is the strong emphasis on handling complaints regarding a series of misbehaviours that amount to offences under criminal law, including sexual exploitation and abuse by aid workers. Indeed, the human rights responsibilities of multinational companies date back to the 1970s with the emergence of the New International Economic Order,Footnote 48 and the creation of a set of non-legally binding standards, notably the 1976 OECD Guidelines for Multinational Enterprises (OECD Guidelines)Footnote 49 and, more recently, the UN Guiding Principles on Business and Human Rights (UNGPs).Footnote 50 On the contrary, there is no international instrument that outlines the human rights responsibilities of NGOs.Footnote 51, It is for the above reasons that issues of NGO accountability have been addressed predominantly through self-regulation: voluntary standards defined by NGOs, for NGOs (e.g., codes of conduct, accreditations schemes, peer assessment tools etc.). Create an account to save and access your bookmarked materials anytime, anywhere. 24 See, in general, S. Roth, Humanitarian NGOs, in Davies, ibid., at 267. Ombudsmen complement the role of the courts and they deal with complaints in a more informal and accessible way. Designed to stimulate interest among experienced ombuds in a problem that they might encounter in practice (not something that would be extremely rare). these items with a journal or other formal channels. Footnote 109 Footnote 15 and do not represent affiliation with any other organization. IOA respectfully acknowledges that many practitioners use alternative forms of this word including organizational ombudsman, ombudsperson, and others. ACS Publications. Published online by Cambridge University Press: and M.S. 1 L. C. Reif, The Ombudsman, Good Governance and the International Human Rights System (2020), 125. Authors have raised concerns with the Ombuds about the review process of misconduct. content or concerns about scientific misconduct by authors, which need to be The JIOA will accept manuscripts in all major languages for review for publication. Ibid. From a historical perspective, the idea of an international ombudsman for the NGO sector is not unprecedented, a similar proposal having been made in 1997. At The University of Iowa, we 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
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