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Line 27: − − It is not the only applicant for [[.africa]], and the other applicant, [[Registry.Africa]], a subsidiary of [[UniForum SA]], has received the support of the African Union (AU). As such, ICANN's [[GAC|Governmental Advisory Committee]] has consistently opposed DotConnectAfrica's application; issuing both an Early Warning and a full GAC objection. These are strong signals to the [[ICANN Board]] that the application should not be allowed to proceed towards implementation. Should the [[ICANN Board]] go against any GAC warnings it is required to explain its actions. DCA's .africa application was one of two applications to receive the full GAC objection in the body's first rulings on the topic, issued in its April 2013 Beijing Communiqué.<ref>[http://newgtlds.icann.org/en/applicants/gac-advice GAC Advice, NewgTLDs.ICANN.org]</ref><ref>[https://gacweb.icann.org/display/gacweb/Governmental+Advisory+Committee Beijing Communique Download, GACweb.ICANN.org]</ref> Line 152:
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Removing obsolete details
'''DotConnectAfrica (DCA)''' is a not-for-profit, non-partisan organization that has its base of operation in Nairobi, Kenya and headquartered in I/F River Court 6th Denis Street Port Louis, Mauritius, Africa. Its main objective is to sponsor, establish and operate the proposed new Top Level Domain (TLD) [[.africa]], pronounced as dotAfrica that will cater for the needs of the African and Pan-African constituency and also to address the lack of adequate internet policy in Africa. DCA is well represented in Addis Ababa Ethiopia, South Africa, London United Kingdom, and California, USA. <ref>[http://www.dotconnectafrica.org/about/ About DCA]</ref>
'''DotConnectAfrica (DCA)''' is a not-for-profit, non-partisan organization that has its base of operation in Nairobi, Kenya and headquartered in I/F River Court 6th Denis Street Port Louis, Mauritius, Africa. Its main objective is to sponsor, establish and operate the proposed new Top Level Domain (TLD) [[.africa]], pronounced as dotAfrica that will cater for the needs of the African and Pan-African constituency and also to address the lack of adequate internet policy in Africa. DCA is well represented in Addis Ababa Ethiopia, South Africa, London United Kingdom, and California, USA. <ref>[http://www.dotconnectafrica.org/about/ About DCA]</ref>
==Mission==
==Mission==
DCA aims to accomplish the following missions:
DCA aims to accomplish the following missions:
== Application to ICANN ==
== Application to ICANN ==
The DotAfrica [[.africa]] gTLD application was submitted by DCA Trust during the application window that opened on 12 January 2012 and closed on 22 May 2012. DCA hopes to win the mandate from ICANN for the management of the [[.africa]] gTLD to enable it administer this resource on behalf of its Pan-African constituency and other stakeholders around the globe.<ref>[http://gtldresult.icann.org/applicationstatus/applicationdetails/1276;jsessionid=2500230032894FB8CB3F16550E33DF0Farchive.constantcontact.com/fs053/1102516344150/archive/1110237447043 ICANN New gTLDs - Application Details]</ref>
The DotAfrica ([[.africa]]) gTLD application was submitted by DCA Trust during the application window that opened on 12 January 2012 and closed on 22 May 2012. DCA hopes to win the mandate from ICANN for the management of the [[.africa]] gTLD to enable it administer this resource on behalf of its Pan-African constituency and other stakeholders around the globe.<ref>[http://gtldresult.icann.org/applicationstatus/applicationdetails/1276;jsessionid=2500230032894FB8CB3F16550E33DF0Farchive.constantcontact.com/fs053/1102516344150/archive/1110237447043 ICANN New gTLDs - Application Details]</ref>
# "..the understanding as presently clarified by this communication is that DCA Trust has applied for the same 'Africa' geographical name string as UniForum and this will be confirmed by the outcome of the Independent String Similarity Panel who will review "applied-for gTLD strings against other applied-for gTLD strings. It is ridiculous for anyone to suggest that DCA Trust has applied for .dotAfrica as a geographic name without seeing the exact details of the underlying application which is yet to be evaluated by ICANN or considering the stipulations of the Guidebook regarding String Similarity Reviews and how String Contention Sets are arrived at.<ref>[http://archive.constantcontact.com/fs053/1102516344150/archive/1110237447043 Press Commentary: DCA Trust & UniForum SA have both applied for the same 'Africa' Geographic NameString]</ref><ref>[http://www.prlog.org/11899992-dca-trust-and-uniforum-sa-have-both-applied-for-the-same-africa-geographic-name.html Press Commentary: DCA Trust & UniForum SA have both applied for the same 'Africa' Geographic NameString]</ref>, <ref>[http://www.circleid.com/posts/20120725_dotconnectafrica_clarifies_its_africa_bid_at_eaigfl DotConnectAfrica Clarifies its .africa bid at EAIGF]</ref>
# "..the understanding as presently clarified by this communication is that DCA Trust has applied for the same 'Africa' geographical name string as UniForum and this will be confirmed by the outcome of the Independent String Similarity Panel who will review "applied-for gTLD strings against other applied-for gTLD strings. It is ridiculous for anyone to suggest that DCA Trust has applied for .dotAfrica as a geographic name without seeing the exact details of the underlying application which is yet to be evaluated by ICANN or considering the stipulations of the Guidebook regarding String Similarity Reviews and how String Contention Sets are arrived at.<ref>[http://archive.constantcontact.com/fs053/1102516344150/archive/1110237447043 Press Commentary: DCA Trust & UniForum SA have both applied for the same 'Africa' Geographic NameString]</ref><ref>[http://www.prlog.org/11899992-dca-trust-and-uniforum-sa-have-both-applied-for-the-same-africa-geographic-name.html Press Commentary: DCA Trust & UniForum SA have both applied for the same 'Africa' Geographic NameString]</ref>, <ref>[http://www.circleid.com/posts/20120725_dotconnectafrica_clarifies_its_africa_bid_at_eaigfl DotConnectAfrica Clarifies its .africa bid at EAIGF]</ref>
DCA Trust has made explicit commitment in its [[.africa]] application to ICANN that the Trust will establish a full-service Internet registry which will be operated by DCA Registry Services Ltd. in accordance with the technical and operational criteria and other specifications stipulated by ICANN in the new gTLD Applicants' Guidebook.
DCA Trust has made explicit commitment in its [[.africa]] application to ICANN that the Trust will establish a full-service Internet registry which will be operated by DCA Registry Services Ltd. in accordance with the technical and operational criteria and other specifications stipulated by ICANN in the new gTLD Applicants' Guidebook.
<big><i>Note:</i></big> Application to ICANN for DCA "AFRICA" geo-string is indicated as ".dotafrica" during the ICANN reveal date, on the ICANN website, dated 15 June 2012. <ref>[http://gtldresult.icann.org/applicationstatus/applicationdetails/1276;jsessionid=2500230032894FB8CB3F16550E33DF0Farchive.constantcontact.com/fs053/1102516344150/archive/1110237447043 ICANN New gTLDs - Application Details]</ref> To minimize public confusion the company issued immediate press release to clarify its position on the matter.<ref>[http://www.prlog.org/11899992-dca-trust-and-uniforum-sa-have-both-applied-for-the-same-africa-geographic-name.html DCA Trust and UniForum SA have both applied for the same ‘Africa’ Geographic Name]</ref> In October 2012, DotConnectAfrica Trust (DCA Trust) received a change to their string to ".africa" from ".dotafrica".The change was officially approved by ICANN at the time when DCA was clarifying about the error in its application.<ref>[http://archive.constantcontact.com/fs053/1102516344150/archive/1110237447043.html DCA Trust & UniForum SA have both applied for the same 'Africa' Geographic Name]</ref> <ref>[http://archive.constantcontact.com/fs053/1102516344150/archive/1110566675283.html DotConnectAfrica Clarifies its .africa bid at EAIGF]</ref><ref>[http://archive.constantcontact.com/fs123/1102516344150/archive/1111325860695.html Goodbye .DOTAFRICA - A significant landmark Victory in the battle for .Africa gTLD]</ref> During that time the competitive applicant for [[.africa]] was claiming that ICANN had confirmed that there is only one applicant for the .africa [[TLD]]).<ref>[http://africainonespace.org/news_item.php?id=45&title=ICANN%20AGREES%E2%80%A6THERE%20IS%20ONLY%20ONE%20APPLICANT%20FOR%20.AFRICA&utm_source=DCA+Trust+%26+UniForum+SA+have+both+applied+for+the+same+%27Africa%27+Geographic+Name+&utm_campaign=+DCA+Trust+%26+UniForum+SA+have+both+applied+for+the+same++%27Africa%27+Geographic+Name+String&utm_medium=archive ICANN agrees there is only one applicant for .africa]</ref>The ICANN update can be viewed at the New gTLD Current Application Status page.<ref>[http://gtldresult.icann.org/application-result/applicationstatus/applicationdetails/1276 DotConnectAfrica Application Details: Application ID: 1-1165-42560]</ref>
<big><i>Note:</i></big> Application to ICANN for DCA "AFRICA" geo-string is indicated as ".africa" during the ICANN reveal date, on the ICANN website, dated 15 June 2012. <ref>[http://gtldresult.icann.org/applicationstatus/applicationdetails/1276;jsessionid=2500230032894FB8CB3F16550E33DF0Farchive.constantcontact.com/fs053/1102516344150/archive/1110237447043 ICANN New gTLDs - Application Details]</ref> To minimize public confusion the company issued immediate press release to clarify its position on the matter.<ref>[http://www.prlog.org/11899992-dca-trust-and-uniforum-sa-have-both-applied-for-the-same-africa-geographic-name.html DCA Trust and UniForum SA have both applied for the same ‘Africa’ Geographic Name]</ref> In October 2012, DotConnectAfrica Trust (DCA Trust) received a change to their string to ".africa" from ".dotafrica".The change was officially approved by ICANN at the time when DCA was clarifying about the error in its application.<ref>[http://archive.constantcontact.com/fs053/1102516344150/archive/1110237447043.html DCA Trust & UniForum SA have both applied for the same 'Africa' Geographic Name]</ref> <ref>[http://archive.constantcontact.com/fs053/1102516344150/archive/1110566675283.html DotConnectAfrica Clarifies its .africa bid at EAIGF]</ref><ref>[http://archive.constantcontact.com/fs123/1102516344150/archive/1111325860695.html Goodbye .DOTAFRICA - A significant landmark Victory in the battle for .Africa gTLD]</ref> During that time the competitive applicant for [[.africa]] was claiming that ICANN had confirmed that there is only one applicant for the .africa [[TLD]]).<ref>[http://africainonespace.org/news_item.php?id=45&title=ICANN%20AGREES%E2%80%A6THERE%20IS%20ONLY%20ONE%20APPLICANT%20FOR%20.AFRICA&utm_source=DCA+Trust+%26+UniForum+SA+have+both+applied+for+the+same+%27Africa%27+Geographic+Name+&utm_campaign=+DCA+Trust+%26+UniForum+SA+have+both+applied+for+the+same++%27Africa%27+Geographic+Name+String&utm_medium=archive ICANN agrees there is only one applicant for .africa]</ref>The ICANN update can be viewed at the New gTLD Current Application Status page.<ref>[http://gtldresult.icann.org/application-result/applicationstatus/applicationdetails/1276 DotConnectAfrica Application Details: Application ID: 1-1165-42560]</ref>
<big><i>Benefits to Africa:</i></big>
<big><i>Benefits to Africa:</i></big>
DotConnectAfrica application received a GAC Objection advice which they submited a response<ref>[http://newgtlds.icann.org/en/applicants/gac-advice GAC Advice Response]. Published 2013 May 22. Retrieved 2013 May 22.</ref> . New gTLD Program Committee and subsequently gave recommendation that the GAC advice be followed. However the NGPC also gave the organization a channel through which they would appeal by seeking relief according to ICANN’s accountability mechanisms (see ICANN Bylaws, Articles IV and V) subject to the appropriate standing and procedural requirements.
DotConnectAfrica application received a GAC Objection advice which they submited a response<ref>[http://newgtlds.icann.org/en/applicants/gac-advice GAC Advice Response]. Published 2013 May 22. Retrieved 2013 May 22.</ref> . New gTLD Program Committee and subsequently gave recommendation that the GAC advice be followed. However the NGPC also gave the organization a channel through which they would appeal by seeking relief according to ICANN’s accountability mechanisms (see ICANN Bylaws, Articles IV and V) subject to the appropriate standing and procedural requirements.
After the objection, DotConnectAfrica refused to back down and contacted the African Union as well as ICANN.<ref>[http://www.thereporterethiopia.com/index.php/living-and-the-arts/art/item/880-a-delayed-evaluation-pass-score-for-africa-competition A delayed evaluation "pass" score for .Africa competition].</ref> <ref>[http://www.dotconnectafrica.org/icann-related-2/icann-outreach-and-participation/letters-to-icann/#sthash.bCRzIBQX.dpuf Request for Immediate Reconsideration and Our Response to NGPC Resolution].</ref>. DCA also requested for a Reconsideration which ICANN denied prompting that organization to begin the Independent Review Process<ref>[http://www.icann.org/en/news/irp/dca-v-icann Independent Review Process].</ref><ref>[http://allafrica.com/stories/201401221336.html DCA Trust Takes '.africa' Case With Icann to Independent Review Process Panel].</ref><ref>[http://www.cio.co.ke/news/main-stories/dca-trust-takes-%E2%80%9C.africa%E2%80%9D-case-with-icann-to-independent-review-process-irp-panel DCA Trust takes “.africa” case with ICANN to Independent Review Process (IRP) Panel].</ref>
==IRP Process: DCA Vs ICANN ==
During ICANN new gTLDs initial evaluation of applications, DotConnectAfrica’s application passed all the evaluation criteria including Financial, Technical and Operational Capability Evaluation Panels. Its application was stopped due to the governmental objections effected at the ICANN Beijing meeting. DCA also requested for a Reconsideration which ICANN denied prompting that organization to begin the Independent Review Process. In January 2014, DotConnectAfrica Trust filed for an independent review of its application.<ref>[http://www.cio.co.ke/news/main-stories/dca-trust-takes-%E2%80%9C.africa%E2%80%9D-case-with-icann-to-independent-review-process-irp-panel DCA Trust takes “.africa” case with ICANN to Independent Review Process (IRP) Panel]</ref><ref>[http://allafrica.com/stories/201401221336.html DCA Trust Takes '.africa' Case With Icann to Independent Review Process Panel]</ref><ref>[https://www.icann.org/resources/pages/dca-v-icann-2013-12-11-en DCA Trust V ICANN]</ref>
'''IRP Injunction awarded DCA:''' DotConnectAfrica Trust (DCA) has won Round one in its case against ICANN for the ".africa" domain. The win stems from the fact that DCA received an Injunction it requested in its IRP Proceedings in an arbitration process, and the Injunction ruled that "ICANN must immediately refrain from any further processing of any application for .africa until this Panel has heard the merits of DCA’s Trust Notice of Independent Review Process and issued its final decision regarding the same". ICANN had in March 24 2014 proceeded to sign a contract with ZACR who are competitors for the ".africa" string, sparking an outrage that ICANN was continually mistreating DCA Trust.<ref>[http://www.cio.co.ke/news/top-stories/dca-trust-wins-first-round-against-icann-in-injunction-on-dotafrica-domain DCA Trust wins first round against ICANN in injunction on DotAfrica domain]</ref><ref>[http://www.humanipo.com/news/43884/dotafrica-launch-further-delayed-by-dotconnectafrica-injunction/ dotAfrica launch further delayed by DotConnectAfrica injunction]</ref> <ref>[http://www.circleid.com/posts/dca_receives_an_injunction_it_requested_in_its_irp_proceedings/ DCA Receives an Injunction It Requested in Its IRP Proceedings]</ref><ref>[http://domainnewsafrica.com/breaking-dotconnectafrica-wins-dotafrica-injunction-against-icann-in-first-new-gtld-irp-case/ Breaking: DotConnectAfrica wins .africa injunction against ICANN in first new gTLD IRP case]</ref><ref>[http://allafrica.com/stories/201405131325.html DCA Trust Wins First Round Against Icann in Injunction On Dotafrica Domain]</ref><ref>[http://tandaabiashara.com/tribunal-freezes-icann-processing-on-africa-independent-review-panel-rules-in-favor-of-dotconnectafrica/ Tribunal freezes ICANN processing on .africa: Independent Review Panel Rules in favor of DotConnectAfrica]</ref>
'''Panel accepts DCA’s position on procedural framework on DotAfrica IRP:''' The IRP panel on 14 August 2014, issued a Thirty Three (33) Pages ruling<ref>[http://www.dotconnectafrica.org/wp-content/uploads/2014/08/DECLARATION-ON-THE-IRP-PROCEDURE-DCA-Trust-vs-ICANN-14-AUGUST-2014.pdf IRP Panel’s Declaration of the IRP Procedure]</ref> to accept DotConnectAfrica’s position on the procedural framework of the IRP proceedings. The Panel has ruled terming its Declaration and the future Declaration on the Merits of the case are binding on ICANN. (ICANN wanted this to be “advisory” and not “binding”. DCA is represented by an international law firm Weil, Gotshal & Manges LLP based in New York while ICANN is represented by a Los Angeles-based Law Firm Jones Day LLC, which has been working with ICANN nearly since its inception.<ref>[http://www.cio.co.ke/news/top-stories/panel-accepts-dca%E2%80%99s-position-on-procedural-framework-on-dotafrica-irp Panel accepts DCA’s position on procedural framework on DotAfrica IRP]</ref> <ref>[http://allafrica.com/stories/201409110194.html Africa: Panel Accepts DCA's Position On Procedural Framework On Dotafrica IRP]</ref> <ref>[http://www.thedomains.com/2014/08/16/irp-panels-declaration-of-the-irp-procedure-in-the-case-of-dotconnect-africa-trust-vs-icann/
IRP Panel’s Declaration of the IRP Procedure in the case of DotConnect Africa Trust vs ICANN]</ref> <ref>[http://domainingafrica.com/panel-interprets-declarations-as-binding-on-the-africa-irp-lectures-icann-on-core-accountability-implications/IRP Panel’s Declaration of the IRP Procedure Panel interprets Declarations as binding on the .Africa IRP, Lectures ICANN on core accountability implications]</ref><ref>[http://www.newsgtlds.com/2014/08/dotconnectafrica-update-irp-panel-rules.html DotConnectAfrica Update: IRP Panel Rules to Accept DCA's Position On Procedural Framework]</ref>
'''DCA Trust Prevails in IRP Panel’s Final Declaration:'''
On July 9 2015 The IRP panel made its final ruling which declared DotConnectAfrica as the prevailing party of the DCA Trust Vs ICANN IRP.<ref>[https://www.icann.org/en/system/files/files/final-declaration-09jul15-en.pdf IRP Panel’s Final Declaration]</ref>
The panel made the following concluding declarations:
148 Based on the foregoing, after having carefully reviewed the Parties’ written submissions, listened to the testimony of the three witness, listened to the oral submissions of the Parties in various telephone conference calls and at the in-person hearing of this IRP in Washington, D.C. on 22 and 23 May 2015, and finally after much deliberation, pursuant to Article IV, Section 3, paragraph 11 (c) of ICANN’s Bylaws, the Panel declares that both the actions and inactions of the Board with respect to the application of DCA Trust relating to the .AFRICA gTLD were inconsistent with the Articles of Incorporation and Bylaws of ICANN.
149 Furthermore, 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.
150 The Panel declares DCA Trust to be the prevailing party in this IRP and further declares that ICANN is to bear, pursuant to Article IV, Section 3, paragraph 18 of the Bylaws, Article 11 of Supplementary Procedures and Article 31 of the ICDR Rules, the totality of the costs of this IRP and the totality of the costs of the IRP Provider. <ref>[http://www.theregister.co.uk/2015/07/15/icann_dot_africa_review/ Unredacted: ICANN's hidden role in fierce battle over .Africa rights]</ref><ref>[http://www.domainmondo.com/2015/07/dca-trust-irp-decision-icann-failed.html DCA Trust IRP Decision: ICANN Failed the Global Internet Community]</ref><ref>[http://ethioinfodesk.com/ethiopian-born-entrepreneur-sophia-bekele-wins-africa-domain-name-accountability-suit-against-icann/]</ref> <ref>[http://www.ipjustice.org/digital-rights/icann-loses-independent-review-panel-decision-for-unfairly-treating-tld-applicants-improper-deference-to-governments/ ICANN Loses Independent Review Panel Decision For Unfairly Treating TLD Applicant & Improper Deference to Governments]</ref><ref>[http://domainnewsafrica.com/icann-loses-dotafrica-case-irp-panel-rules-favor-dca/ ICANN loses .Africa case: IRP panel rules in favor of DCA]</ref><ref>[http://cio.co.ke/news/main-stories/dca-trust-wins-.africa-irp,-icann-to-pay-over-kshs-60-million-in-costs DCA Trust wins .africa IRP, ICANN to pay over Kshs 60 million in costs]</ref><ref>[http://tandaabiashara.com/breaking-dotconnectafrica-trust-victorious-on-its-challenge-of-icann-board-over-dotafrica/ Breaking: DotConnectAfrica Trust victorious on its challenge of ICANN Board over .africa]</ref><ref>[http://allafrica.com/stories/201507141174.html East Africa: DCA Trust Wins .Africa IRP, ICANN to Pay Over Kshs 60 Million in Costs]</ref><ref>[http://www.bna.com/review-panel-chides-n17179933491/ Review Panel Chides ICANN Board, Government Reps]</ref>
==Letter to U.S. Congress==
==Letter to U.S. Congress==
==References==
==References==
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[[Category:Organizations]]
[[Category:Organizations]]