I would like to share some ideas regarding UCoC and experience while I was acting as an administrator of Chinese Wikipedia chatting groups. Please first allow me to introduce myself: I used to be a former drafter of Chinese Wikipedia IRC protocol (Zhwiki’s IRCPOL) but abandoned to continue the work for the reason of massive problems existing in Chinese Wikipedia members that makes me feel unable and powerless to change through improving local protocols.
Within my knowledge and experience, and apart from political disputes, I have found several problems that might not or seldom occurred in the anglophone communities:
1. Non-Universal Usage:
The rules as to harassment stated that "Behaviour can be considered harassment if it is beyond what a reasonable person would be expected to tolerate in a global, intercultural environment". That requires the administrators for the knowledge of "reasonable man test". Such a test is widely and commonly used, and regarded as the objective test in the common law world. However, it is unfriendly for people from countries adopting legal systems other than the common law system. Those people shall be familiar with the test which is relatively depending on a subjective judgment of an admin on a certain issue. The uncertainty of the test is confirmed in various appeal cases in which the House of Lords held that the Court of Appeal made mistakes in adopting this test. Without a declaration of the certain standards or necessary training, I think it is inappropriate to use the term "reasonable man" since the test, which was already being adopted in Zhwiki’s IRCPOL before the UCoC was well-drafted and completed, has been proved its unfriendliness to those who come from China and Taiwan where both jurisdictions are of the Continental Law.
2. Connective Penalties in Instant Messaging (IM) and on Wikimedia Projects
The user’s behaviours in IM may affect people’s view of that user. However, it is unclear whether the restriction on Wikimedia Projects can be given directly to a user breached the UCoC or, breached policies and guidelines in IM (such as canvassing). Without Safe and Trustee team or Stewards or Ombudsman Commission, can the administrators (admins) use the messages in IM as evidence to punish the wrongdoers in Wikipedia or other projects? I wish the Community and the Board may clarify that in UCoC.
3. Refusal of User Rights:
Some admins disagree with the point that users have the right of freedom of speech but adopted the rules of "Wikipedia:User access level" which the right for using instant messaging is a user access level and can be withdrawn. That causes admins to prefer to use the restriction and penalty which is beyond the reasonable proportionality for groups' order and peacefulness. That may cause the problem of admins’ preference on rules to be adopted for punishment purpose rather than for educational purpose in certain events. For example, I have seen that several Chinese Wikipedian involved in oral conflicts which the admin somehow prefer to warn and mute both sides for the reason of civility, instead of dispute resolving. User rights might be a blocker for admins and bureaucrats to think of a reasonable penalty and apply the Code in an appropriate manner.
4. Problems with Administrators & Bureaucrats:
It is common and usual for admins and bureaucrats to directly being granted equivalent power. But it is also somehow dangerous and problematic since some Wikimedia project communities lost its capability which they ought to review the competency of their executive members. Even worse, the Community might force the candidates to think and act in the particular way which the Community encouraged (such as "politics first, articles then") but we may consider as unreasonable. That may be caused by the reason of either politics, gender, region or any other issue. On that ground, the executive members may keep the same view or even hold bias on an issue. It is foreseeable that such a scenario will make Chapter 3.2 of UCoC in-executable as the same as the saying goes "quis custodiet ipsos custodes" (English: who watches the watchmen). This, for users, especially for outsiders who are interested in Wikipedia, might be a bad experience and without in-time and reasonable remedies.