http://www.icann.org/en/announcements/announcement-23oct08-en.htm and states:
5.14 Recommendation 16
That any outstanding issues relating to Ombudsman reports 05‐1090 and 06‐317, should be dealt with as soon as possible by the ICANN Board or the ALAC (as appropriate).
The WG believes that this recommendation is a matter for the ICANN Board to deal with.