Impartial, external to the projects arbitration body.
FOSS projects are often developed by international groups of people dispersed in a few countries, organised with a structure but with no formal body to keep them accountable to the law of any of the country, and even if there is a Code of Conduct in the project and someone willing to investigate and enforce it, the person is doing it in their free time. Often those who are meant to provide protection by ensuring a CoC are implicitly dependent or are part of the power structure (there is nothing like a division of powers as in modern democracies), so they actually face a conflict of interests (the reputation of the project and loyalty to those in power being on one of the sides and a fair resolution on the other, which sometimes is the opposite one) and individuals who seek protection or just a fair treatment are left by themselves.
If there is any private relationship involved, or a suspicion of such, whoever is stronger wins, regardless of any rights (or wrongs and Rights). That’s also very easy to exploit and present the conflict as such, to discredit the other person. The community won’t get involved not to take parts and there is no external, impartial arbitration body.
It is known as “The Tyranny of Structurelessness”, after an essay by American feminist Jo Freeman that concerns power relations within radical feminist collectives. After Wikipedia article:
The essay (…) reflected on the feminist movement’s experiments in resisting leadership hierarchy and structured division of labor. This lack of structure, Freeman writes, disguised an informal, unacknowledged, and unaccountable leadership, and in this way ensured its malefaction by denying its existence. As a solution, Freeman suggests formalizing the existing hierarchies in the group and subjecting them to democratic control.
Mobbing is regulated by Labour Law. In FOSS with no formal employment there is no protection from mobbing.
No common law, every country has its own slightly different rules, every person is in a different country. What are the legal obligations for online communities?
Sexual harassment is (?) also regulated by Labor Law (?). In a regular workplace, there are legal obligations related to prevention and response, that were established to create a safe and respectful work environment. What about volunteering?
Sexual assault usually impossible to prove. Words against words. Implicit power with no accountability but much too loose, together with the reputation that fuels the authority and power that comes with it. May happen at the intersection of online and offline. Ex. hospitality exchange is prone to that, as it creates perfect conditions.
Project misappropriation - one person was told, by the umbrella organisation’s Ombudsman, it was a mistake to make the other person a FOSS project co-admin (a common practice in anarchist, equal-power emphasising groups). But as I did, they moved the reposotory (with all references, the history, GH stars and followers) because they could.
UN Women Infographic: The crucial role of legal frameworks in advancing gender equality