Third-party complaint procedure is widely incorporated in the practice of multiple companies such as Adidas Group, Durham University, International Accreditation Council for Business Education, and Fair Labor Association which use this mechanism to monitor compliance with the standards adopted by them.
As it is defined by the Merriam-Webster’s dictionary, a third-party complaint is:
“a complaint filed against a third party by a defendant or plaintiff alleging that the third party is liable for all or part of a claim or counterclaim in dispute between the original parties”.
In other words, it implies that if even some organization does not owe any direct obligations to you, there is still an opportunity for you to provide the organization with feedback and influence the situation on behalf of those individuals and communities whose interests you represent.
Feedback and complaint mechanisms are often interconnected and examined together, but the ALNAP’s researchers Bonino, F. with Jean, I. and Knox Clarke, P. consider keeping them separated important as process of complaining is much more sensitive in terms of ensuring confidentiality and anonymity, as well as regarding appeal and redress.
Third-party complaint mechanism is especially demanded in the humanitarian context, particularly since affected parties are often not able to effectively defend their interest due to various circumstances.
Anna Wood, accountability consultant of World Vision, identifies such third-party mechanisms in the NGO-community as:
- the Ombudsman, “an independent special office or person who offers a dispute-resolution service and to whom community members can go with their complaints and grievances about an agency”,
- and Advisory Boards that “can be composed of a range of representatives, including persons independent of the programme and the NGO, as well as beneficiaries and wider stakeholders”.
‘The Ombudsman: a limited mediator?’
Ombudsman is widely used across the world as it is a lower-cost and flexible mechanism and able to provide independence, impartiality, neutrality and confidentiality. For example, Save the Children Norway promoted establishment of Ombudsman to institutionalize protecting children’s rights in different countries.
Although the lack of direct authority may be a challenge, the Ombudsman mechanism can and should be applied to all aid actors in humanitarian and development settings including NGOs, the UN, the Red Cross, private organizations and donors, as it is noted in the International Ombuds for Humanitarian and Development Aid Scoping Study of the International Institute of Social Studies.
As for the NGOs, Ombudsman mechanism can be incorporated into grant or partnership agreements between donors and grant-holders, for example, as a part of reporting process. Their implication allows to directly receive feedback and complaints from beneficiaries and further process it within relevant bodies. However, the World Vision highlights that Ombudsman can be less effective in circumstances of poor public services and judicial systems, a situation especially common to the humanitarian and development sectors.
The role of advisory bodies in humanitarian projects
Different advisory bodies also can exercise functions of third-party complaint mechanism. While action of Ombudsman is more concentrated on resolving complaints, a focus of advisory bodies lies more on guidance and advice. Composition of such kind of bodies as well as scope of their works significantly varies from case to case depending on the mandate goals of organization for which it serves.
For example, the Advisory Board supporting the Humanitarian Coordinator of the Myanmar Humanitarian Fund composed of representatives of local and national NGOs, international NGOs, UN System, and contributing Donors is responsible for “ensuring that all stakeholders are treated fairly and that the management of the Fund abides by established policies”.
However, existence of such bodies is limited by the time line of the program and, according to the World Vision Overview, their success primarily depends on the willingness of the agency to accept it, as well as skilled moderation and facilitation.
As the other methods of complaint, third-party complaint mechanism can help to provide safer environment in communities, avoid corruption or abuse, and to promote community empowerment. But it is important to note that ensuring their effectiveness can be still challenging in some circumstances.
References
Adidas Group. Summary of Third Party Complaint Mechanism
Durham University. Third Party Complaints Procedure
IACBE. Procedure for Third-Party Complaints
Fair Labor Association. Third Party Complaint Procedure
Merriam-Webster Dictionary. Legal Definition of Third-Party Complaint
Bonito F., Jeam I., Knox Clarke P. Humanitarian Feedback Mechanisms. Research, evidence and guidance
Wood A. Overview of NGO-Community Complaints Mechanisms
Myanmar Humanitarian Fund. Advisory Board: Terms of Reference
About the Author
Diana Tcarevskaia has a bachelor’s degree in International Relations and now she is a current student of a master’s program in Sociology at the Ural Federal University. Diana has experience in writing donor grant proposals for humanitarian projects in different spheres including health, refugee assistance, forced marriage, earthquake recovery implemented in such countries as Albania, Colombia, Lebanon, Somalia and others.
