Post DCA Vs ICANN IRP: DCA calls for a Joint Cooperative Framework with ICANN

DotConnectAfrica Wins ICANN IRPDCA has called for a Joint Cooperative Framework with ICANN, following the final IRP ruling.  Here is DCA Trust’s response   after the ICANN board’s resolution and interpretation of the IRP report. The DCA response contained most of the points that would have addressed some of the recent developments on ICANN’ reaction to the IRP ruling and public comments.

Immediately after the IRP Ruling ICANN was found to have redacted most of the incriminating details, the contents of ICANN’s role in failing DCA before the Initiation evaluation. The report in summary is well detailed in this 3 series blog.

John Jeffrey,  ICANN’s Counsel wrote a  Blog titled “.AFRICA IRP Declaration – Clearing Up Some Facts” , which was was meant to explain the reasons behind the redactions and reaction of public opinion, however failed to address the specific matter that ICANN was actually the root cause of the failure of the .africa application to proceed independently.

The blog tries to explain the impact of panel’s ruling as regards that ICANN pursuant to Article IV, Section 3, paragraph 11 (d) of ICANN’s Bylaws, the Panel recommends that ICANN continue to refrain from delegating the .AFRICA gTLD and permit DCA Trust’s application to proceed through the remainder of the new gTLD application process. Post IRP declaration, DCA Trust had demanded that

“ZA Central Registry who should now be removed immediately from the new gTLD program; and for ICANN to cooperate fully with DCA Trust to ensure that the IRP Panel ruling is implemented so that .Africa can be delegated to DotConnectAfrica Trust under a cooperative framework that will satisfy the stipulations of DCA’s charitable objectives.”

The actions by ICANN have so far not helped in resolving the DCA case, especially that ICANN appears to have withheld DCA’s Letter in response to ICANN’s adoption of IRP final ruling, and not published it until 06 August 2015.

Below are the six ( ) points that DCA demand should be addressed by ICANN.

  • ICANN should immediately remove the ZACR application from the new gTLD Program, as per the reason already adduced.
  • ICANN should compensate DCA Trust for injuries and harms suffered as a result of ICANN’s violations of its Bylaws and Articles of Incorporation which materially affected DCA Trust.

  • A Joint Cooperative Framework should be immediately established between DCA Trust and ICANN to enable us reach common ground on .Africa going forward, and resolve differences if any.

  • DCA Trust’s application should be permitted by ICANN to proceed through the remainder of the new gTLD application process with a view to delegating the .Africa string to DCA Trust based on its application that has already satisfied all evaluation criteria.

  • DCA Trust should be allowed to reach mutual accommodation with the AUC regarding .Africa new gTLD.

  • If ICANN is not willing to do what we have indicated, then we think that there is a difference of opinion, and the dispute should be resolved through another juridical process or direct negotiations between DCA Trust and ICANN.

DCA also concludes that “Since we cannot work with ICANN under a cloud of distrust and antagonism, evident hostility by competitors, and unfair/discriminatory practices against DCA Trust by ICANN, we would prefer to explore cooperative mechanisms with guaranteed redress so as to achieve a successful resolution of this issue between DCA and ICANN within the shortest possible time.”