closed ICANN Office of Ombuds Framework and Process

Outcome

The Public Comment proceeding on the ICANN Office of Ombuds Framework and Process (Ombuds Framework and Process) received 11 submissions from individuals, organizations, and community groups. These submissions have provided valuable suggestions and recommendations for improvement. Submissions concentrated on six main thematic areas related to the Ombuds Office: independence and governance of the Ombuds Office; equal and safe access; transparency and accountability; scope and authority; timing and timelines of Ombuds Office processes; and Ombuds Office processes and principles. The submissions have generated extremely useful feedback, not just for the improvement of the Ombuds Framework and Process, but also for other aspects of Ombuds Office operations.

The Public Comment proceeding on the Ombuds Framework and Process makes a valued contribution to the Ombuds Office’s efforts to articulate clear standards and processes for Ombuds complaint and conflict resolution. For example, the Ombuds recognizes the need to include a clearer and more detailed commitment for the timely handling of complaints and has been provided with suggestions for how to do this from community members. The submissions also help to further clarify the Ombuds’ role, scope, and responsibilities.

The Ombuds will take the community submissions into consideration in the revision of the Ombuds Framework and Process document prior to submitting it for Board approval. Operational comments related to the implementation of the Ombuds Framework and Process – such as the provision of plain language materials and visual diagrams – will inform the plans for the implementation of the Ombuds Framework and Process. Some actions have already been completed or are currently underway, such as an updated Ombuds website with more user-friendly information about the Ombuds Office and the forthcoming Annual Report with the publication of case management data and associated observations to guide systemic learning.

The Ombuds thanks everyone who took time to share their feedback and questions about the Ombuds Framework and Process. The number and quality of the submissions reflect the community’s commitment to upholding fair and respectful treatment across ICANN.

What We Received Input On

This Public Comment proceeding seeks to obtain community input on the draft ICANN Ombuds Office Framework and Process. The Framework and Process clarifies what community members can expect from the Office and what the Ombuds can and cannot do. The Charter of the Ombuds Office is set out in the ICANN Bylaws, Article 5, which provides the framework for the scope of the Ombuds Office.

The draft Framework and Process document sets out definitions and standards and processes for conflict resolution, as well as the Ombuds role, scope, and responsibilities with respect to unfairness complaints, harassment complaints, and reconsideration requests. It further provides information about time scales, responsibility to respond to the Ombuds Office, and a channel for feedback and complaints about the Ombuds Office.

Community input is essential to ensure that the Office serves the community and meets the needs of the community as is called for in the ICANN Bylaws. A clear, transparent process provides a means to hold the Ombuds Office accountable while clarifying what community members can expect from the Ombuds Office.

Background

The operative Board-approved Ombuds Framework, published in 2009, sets out information related to how the Ombuds Office manages complaints. The ICANN Ombuds Office has evolved significantly since the publication of this Framework, including addressing Board-approved Work Stream 2 (WS2) recommendations to improve the Office and incorporating anti-harassment responsibilities into the role.

The ICANN Ombuds is revising the Framework to reflect the evolution of the Ombuds Office, to address emerging needs in the ICANN community, to clarify process, and to further align with good practice Ombuds professional standards and processes. To that end, the Ombuds Office has undertaken benchmarking with other ombuds offices, peers, and international standards, while developing the revised Framework and Process. International standards benchmarked include the following: complaint handling (ISO 10002:2018); dispute resolution (ISO/DIS 10003) and investigation (ISO/TS/37008); and the International Ombuds Association Code of Ethics.

This draft is the result of extensive preparations, including discussions with the ICANN Board at Board Workshops on 12 September and 26 October 2025. WS2 Recommendations 5.2.1

(distinguishing different categories of complaint), 5.4 (requirement to respond to Ombuds), and 5.5 (timelines) are addressed in this revised Framework and Process. 

What Will Remain the Same: The Ombuds role and scope are set out in the ICANN Bylaws, Article 5. The nature and scope of the ICANN Ombuds role have remained essentially the same since the current Framework was approved in 2009 (except that since 2016, the Ombuds has also had a role relating to Reconsideration Requests as set out in the Bylaws, Article 4).  Notably, the role, scope, and responsibilities include resolving complaints and disputes, issuing reports and/or recommendations, and notifying the Board of serious breaches of administrative fairness and applicable review procedures.

What the Proposed Changes Are: Consistent with the Bylaws. Article 4 (as it relates to the Ombuds) and Article 5, the revised Ombuds Office Framework and Process proposes numerous changes, including:

• Providing greater detail, including providing a list of definitions for terms used in the document and defining Ombuds Office standards and principles.
• Moving from jurisdiction to scope: The term “jurisdiction” was used previously, but “scope” is more aligned with the informal nature of the ICANN Ombuds role.
• Distinguishing between conflict/dispute resolution and complaint processes: The revised Framework and Process differentiates between informal conflict resolution processes, such as mediation, and other processes where the Ombuds has a determinative role, such as a harassment complaint made pursuant to the Community Anti-Harassment Policy.
• Including information about different Ombuds Office processes: The revised Framework and Process document articulates the role, steps and methods, and outcomes for each process resulting in a more detailed document.
• Building in a “first-level resolution” process for unfairness complaints: A first-level resolution provides an opportunity for the respondent, where appropriate, to address the complaint and, where possible, solve the problem without an investigation.
• Assessing unfairness: The Ombuds Office proposes a set of fairness criteria aligned with good practice standards in the sector.
• Responsibility to respond: Clarifying the responsibility of parties to respond to the Ombuds Office.
• Feedback and complaints about the Ombuds Office: Providing a channel for giving feedback or making a complaint about the Ombuds Office.

Supporting Information