Proefschrift

83 3 CONCEPTUAL FRAMEWORK 2. People Two questions need to be answered when considering who is involved and is allowed to participate in the feedback. The selection of involved actors can have socio-political implications and might alter the power dynamics of stakeholders (Cornwall 2008; Mohan 2001 in: Gigler et al., 2014) a. Who Provides the Feedback? In the accountability process during the review stage the forum that holds an actor accountable for its conduct is the entity that provides feedback. Depending on the type of accountability, political, legal, administrative, professional or social accountability (Bovens, 2007), a different forum provides the feedback. In case of political accountability, it is the politicians of political parties who, as representatives of voters, are the forum. For legal accountability, civil or administrative courts are the forum that holds actors accountable. Administrative accountability is enforced by quasi-legal forums such as auditing offices and (national or local) ombudsmen. Professional accountability is based on codes-of-conduct and practices that are created by professional associations, for example in hospitals and schools, and enforced by professional supervisory bodies as forums. Finally, social accountability is a recent form of accountability in which non-governmental organizations, interest groups and the public are stakeholders that public organizations feel obliged to give account to regarding their performance by means of public reporting and establishment of public panels. In the case of a feedback mechanism for the Comprehensive Human Oversight Framework a forum could be a political entity in case of a formal investigation to the conduct (or responsibility) of a minister for political accountability. Legal accountability in case of investigation, the forum is a criminal court or a trial for war crimes. For professional accountability, a professional supervisory body within a Ministry of Defense could act as a forum. Administrative accountability can be performed by a third-party auditing committee. Social accountability is not applicable as feedback system of a Comprehensive Human Oversight Framework as this is not a formal process and the possibility of judgement and sanctions is lacking. b. Who Monitors, Responds to, and Acts on the Feedback? The outcome of the review process depends on the type of accountability that is applicable. In case of: ͳ political accountability, it could be a report with directions based on a hearing, inquires or proceedings process;

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