[governance] Statement on Sexual Harassment at ICANN 55

[Wisdom Donkor]

Dear All,

I listen to lady speak vividly at the public forum and i followed up with a
statement on Human rights.  Sexual harassment is a type of discrimination
based on sex. When someone is sexually harassed it can undermine their
sense of personal dignity. It can prevent one from earning a living, doing
their job effectively, or reaching their full potential. Sexual harassment
can also poison the environment for everyone else. If left unchecked,
sexual harassment in the workplace has the potential to escalate to violent
behaviour.

Organisation that do not take steps to prevent sexual harassment can face
major costs in decreased productivity, low morale, increased absenteeism
and health care costs, and potential legal expenses. Under the Ontario *Human
Rights Code*, sexual harassment is “engaging in a course of vexatious
comment or conduct that is known or ought to be known to be unwelcome.” In
some cases, one incident could be serious enough to be sexual harassment.
Some examples of sexual harassment are:



   - asking for sex in exchange for a benefit or a favour
   - repeatedly asking for dates, and not taking “no” for an answer
   - demanding hugs
   - making unnecessary physical contact, including unwanted touching
   - using rude or insulting language or making comments toward women
   (or men, depending on the circumstances)
   - calling people sex-specific derogatory names
   - making sex-related comments about a person’s physical characteristics
   or actions
   - saying or doing something because you think a person does not conform
   to sex-role stereotypes
   - posting or sharing pornography, sexual pictures or cartoons, sexually
   explicit graffiti, or other sexual images (including online)
   - making sexual jokes
   - bragging about sexual prowess.

Both women and men may experience sexual harassment in employment, but
women tend to be more vulnerable to it because they often hold
lower-paying, lower-authority and lower-status jobs compared to men. At the
same time, even women in positions of authority may experience sexual
harassment.


Applying the *Human Rights Code*

The* Code* says every person has the right to be free from unwelcome
advances or solicitation in employment. “Employment” includes applying and
interviewing for a job, volunteer work, internships, *etc*. It also
includes activities or events that happen outside of normal business hours
or off business premises, but are linked to the workplace and employment.

Preventing and responding to sexual harassment

ICANN should  have a legal duty to take steps to prevent and respond to
sexual harassment. They must make sure they have poison-free environments
that respect human rights. From a human rights perspective, it is not
acceptable to ignore sexual harassment, whether or not someone has formally
complained or made a human rights complaint.

When deciding if an oraganisation has met its duty to respond to a human
rights claim, tribunals are likely to think about:

   - the procedures in place at the time to deal with discrimination and
   harassment
   - how quickly the organiation will responded to the complaint
   - how seriously the complaint was treated
   - the resources made available to deal with the complaint
   - if the organization provided a healthy environment for the person who
   complained
   - how well the person who complained was told about the action taken.

Organisations can prevent many cases of sexual harassment by having a
clear, comprehensive anti-sexual harassment policy in place. In cases of
alleged sexual harassment, the policy will alert all parties to their
rights, roles and responsibilities. Policies must clearly set out how the
sexual harassment will be dealt with promptly and efficiently.

Everyone should know about the anti-sexual harassment policy and the steps
in place for resolving complaints. This can be done by:

   - giving policies to everyone as soon as they are introduced
   - making all members, *etc.* aware of them by including the policies in
   orientation material
   - training people, including people in positions of responsibility,
   about the policies, and educating them on human rights issues.

An effective sexual harassment policy can limit harm and reduce liability.
It also promotes the equity and diversity goals of organizations and
institutions and makes good business sense.
Taking steps to keep a poison-free environment will help make sure that
sexual harassment does not take root, and does not have a chance to grow.
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