Title: Office of the Ombudsperson
Course: Code of Ethics and conduct OAS - 3rd Edition > Section: Module 4. Channels for Victims, Duty to Report Misconduct, and Whistleblowing

What is the Office of the Ombudsperson, and how does it work?

The Office of the Ombudsperson (OMB) was created by the Permanent Council in 2015 as one of the GS/OA as oversight bodies, is the only conflict resolution mechanism outside the OAS’s existing formal channels. It is independent and autonomous, reports to political bodies, and collaborates with different actors within the Organization to prevent, attend to and manage workplace issues.

The Office functions as an organizational Ombuds, which does not conduct formal investigations but rather informal fact-finding. The OMB adheres to generally accepted international standards of practice for organizational Ombuds, including those of the International Ombudsman Association (IOA): independence, confidentiality, impartiality, neutrality and informality, and principles of justice and fairness. Communications made to the Office are not notice to the Organization.

What is an Ombudsperson?

The Ombudsperson is an independent, confidential, informal, and neutral professional, who provide services to the GS/OAS to manage, resolve, and prevent workplace environment problems. It also assists the Organization in identifying or surfacing issues or potential issues related to policy gaps, inconsistencies, trends, systemic issues, etc.

 The Ombudsperson:

- Does not advocate on behalf of any individual, but rather advocates for fair and equitably administered processes.

- Supplements, but does not replace formal dispute resolution channels.

- Does not make binding decisions, mandate policies, or formally adjudicate issues. All communications with the Ombudsperson are held in strict confidence, with the only exception being where there appears to be imminent risk of serious harm, and such risk is determined by the Ombudsperson. Personnel and Other Human Resources who avail of the Ombudsperson’s assistance will not be subject to retaliation

In carrying his/her functions, the Ombudsperson shall have direct access to the highest level of authority and to all Personnel and Other Human Resources. All Personnel and Other Human Resources, including staff members in managerial positions, are expected to cooperate with the Ombudsperson. The Ombudsperson shall have unrestricted direct access to all information in the General Secretariat, in accordance with the legal framework of the General Secretariat, and shall be free of any interference that could affect the independence and neutrality of his/her functions. All information received by the Ombudsperson shall be used solely for the Ombudsperson functions.

What does the Ombudsperson do?

The Ombuds does ... | The Ombuds does not ...
- Provide assistance to all human capital.
- Identify procedural irregularities, trends and systemic issues.
- Advocate for fair and equitably administered processes.
- Offer non-binding recommendations to all hierarchy  levels within the Organization.
- Provide a safe space to raise issues;
- Create nor change policies.
- Testify in any formal processes.
- Give legal advice.
- Conduct formal investigations.
- Annul decisions made by authorities; nor;.
- Advocate on behalf of any individual within the Organization.

Coverage of the Office

 The Office provides services to 100% of the human capital of the GS/OAS, without distinction as to type of contract, location, or hierarchy:

- Staff Members
- Local Personnel
- Associate Staff Members
- Consultants
- Interns
- Volunteers
- Personnel or subcontractors of Independent Contractors who provides janitorial, messenger, security and other related services at the GS/OAS buildings.

Services offered by the OMB:

Some of the services offered by OMB are: evaluation of options; recommendations; mediation; listening, with no additional action required; guidance on competent resources; actions related to case management; informal fact-finding, among others.

When can you contact the OMB?

- If you are uncertain about how to address and resolve a workplace-related concern or conflict.
- If you want the off-the-record and independent mechanism to assist you in working through a problem.
- If you feel that a GS/OAS policy is unclear or has been unfairly or erroneously applied and you are unsure whether to initiate a formal grievance process (such as request for a hearing and reconsideration).
- If you are concerned about misunderstandings or perceived unfairness.
- If you are concerned about possible discrimination or harassment.
- If you have questions about performance appraisals or other processes or policies and want to discuss them with the ombudsperson.
- If you have a complex and/or systemic workplace-related conflict situation.