[input-to-atrt2] URGENT: Question on GAC Advise on .africa ---Fw: A new case has been created - Case 00105642

sbekele sbekele at dotconnectafrica.org
Sun Jul 21 17:32:12 UTC 2013 


DearITRT2 Chair and Team:
 
In a follow-up of the below case I submitted for you earlier, I thought it was appropriate to share with you the below text to the questions directed to the ICANN Board during the ICANN 47 public forum meeting on 18th July. 

We did not receive any immediate answer, we were told they will 
revert back to us.  Therefore, we look forward to the assistance of your
 good office to get the necessary answers to our questions as well as review the issue.

Thank you for your anticipated follow-up and action.
Sophia
_________________________________________
This
 is a complete unabridged version of the comment/questions raised by Ms.
 Sophia Bekele, Executive Director/CEO, DotConnectAfrica Trust,at the 
ICANN-47 Public Forum Meeting - Durban, Republic of South Africa, 18th 
July 2013.  A shorter version was read out at the ICANN Public Forum 
Meeting on Thursday, July 18, 2013 due to constraint of time.

Background:
DotConnectAfrica Trust’s application for the .Africa generic Top-Level Domain name (Application ID: 1-1165-42560)
 received a GAC Objection Advice at the ICANN-46 Beijing Meeting in April 2013.

According to the GAC Beijing Communiqué( https://gacweb.icann.org/display/gacweb/Governmental+Advi...) - now termed Beijing GAC Advice- (https://gacweb.icann.org/display/gacweb/Governmental+Advisory+Committee), DCA Trust’s application received a ‘Consensus Advice’: that it was the 
consensus of the entire GAC that the .Africa new application submitted 
by DCA Trust should not be approved.  Since the Beijing GAC Advice was 
published on 11th April 2013, DCA Trust has continued to question the 
validity of the ‘GAC Consensus’ that led to the GAC Objection Advice 
against its application.

DCA Trust is aware that the Kenyan GAC 
Advisor, Mr. Sammy Buruchara had objected to the GAC Advice on its 
behalf and had sent an email memorandum to the GAC Secretariat with a 
copy to other recipients.  According to how GAC is expected to conduct 
it' official business, Principle 41, a member country can in fact put 
its objection in writing should they not be present at the meeting.  DCA
 had also amplified this in its written Response to the GAC Objection 
Advice. http://newgtlds.icann.org/sites/default/files/applicants/...

Amidst
 this climate of a questionable consensus, the GAC Objection Advice was 
accepted by the ICANN New gTLD Program Committee through its Resolution 
2013.06.04.NG01.   The decision is already the subject of a 
reconsideration request. (http://www.icann.org/en/groups/board/governance/reconsideration/bekele-to-icann-ceo-14jun13-en.pdf) that has been submitted by DCA Trust to the ICANN Board Governance Committee since June 19, 2013. 

However,
 for the interest of accountability and transparency, DCA Trust is still
 looking for answers regarding how the consensus was reached by the 
ICANN GAC at Beijing to issue a GAC Objection Advice against its 
application.

Pertinent Questions:

I would draw the 
attention of  Ms. Heather Dryden, Chair of the ICANN GAC, ICANN Board 
Member, and  member of the New gTLD Program Committee to the following -

(1)
 An Email communication was written to you by Mr. Sammy Buruchara on 9th
 April 2013, stating that he was now “the newly appointed Kenya 
Government Advisor to the GAC”, and at the same time informing you that 
“should the situation arise, Kenya does not wish to have a GAC advice on
 DotConnectAfrica Application for .africa delegation.”

(2) 
Why this written objection was not taken into account and advisement as 
clear indication that there was no consensus on the issue.  It appears 
you chose to ignore Kenya’s written objection – an action that has now 
resulted in a questionable GAC Objection Advice against DCA’s 
application for .Africa new gTLD.

(3) Clarify under whose 
auspices did Ms. Alice Munyua attended the Beijing GAC Meeting since we 
understand her accreditation as Kenya’s representative to the GAC 
expired at the ICANN-45 Toronto Meeting.  Furthermore, the above email 
communication from Mr. Sammy Buruchara also noted that: “It has come to 
my attention that Alice Munyua has introduced herself as the Kenya's gov
 representative to the GAC.  This is inform (sic) you that Kenya does 
not stand by what Alice states in the GAC since she ceased to be the 
Kenyan Government advisor for GAC on the day of my appointment.” 

We
 would like to know why this important disclaimer on Mr. Alice Munyua as
 conveyed by Mr. Sammy Buruchara was ignored and how she was allowed to 
attend the Beijing GAC Meeting and contribute to deliberations on GAC 
Advice even though she was no longer accredited to the ICANN GAC. We 
would like to know how, as Chair of the GAC, you allowed this 
irregularity to occur. 

(4) Finally, we would like to know under what accreditation is Ms. Munyua currently attending  the GAC meetings.


With best wishes,
Sophia 
Support our "YES" to .africa Campaign!
www.dotconnectafrica.org
Follow us ontwitter and facebookEmail us at:yes2dotafrica at dotconnectafrica.org
Visit our press room
 
Nobody believes the official spokesman... but everybody trusts an unidentified source. -Ron Nesen 

________________________________




>________________________________
> From: sbekele <sbekele at dotconnectafrica.org>
>To: "input-to-atrt2 at icann.org" <input-to-atrt2 at icann.org> 
>Cc: "confidential at atrt.info" <confidential at atrt.info> 
>Sent: Wednesday, July 17, 2013 7:44 PM
>Subject: Fw: URGENT: Question on GAC Advise on .africa ---Fw: A new case has been created - Case 00105642
> 
>
>
>
>Dear ITRT2 Chair and Team
>
>Below is the email message that I have sent  to the New gTLD program customer service team regarding the GAC advise we received on our .africa application, which in turn has affected the processing of our application.
>
>We would also like to bring this issue to your attention, as we have observed that you have been in deliberation with GAC on the issue of GAC transparency and code of conduct this week at Durban.  More importantly, since our re-consideration is being reviewed
 this week by the governance board.
>
>We would appreciate your consideration of the matter soonest possible.
>
>Respectfully,
>With best wishes,
>Sophia 
>Support our "YES" to .africa Campaign!
>www.dotconnectafrica.org
>Follow us ontwitter and facebookEmail us at:yes2dotafrica at dotconnectafrica.org
>Visit our press room
> 
>Nobody believes the official spokesman... but everybody trusts an unidentified source. -Ron Nesen
>----------------------------------------------------------------------------------------------------------------
>Sophia Bekele (Ms), BS, MBA, C.I.S.A, C.C.S, CGEIT, CBS International, Inc ,Ca, USA/Africa +1 925-935-1589:US Tel;+1 925-818-4322:US ;+251-91-120-1449 :ET; +254-73200-4097 Kenya Cell, skype: sbekele, Google:"sophia bekele"
>
>________________________________
>
>PRIVILEGED AND CONFIDENTIAL COMMUNICATION NOTICE. The information contained in this email message is legally privileged and confidential, and is intended solely for the uses of the addressee. Any unauthorized dissemination,distribution  or copying of this email is expressly prohibited. If you have received this email message in error, please notify the sender immediately and delete this message and any attachments. Thank you.
>
>
>----- Forwarded Message -----
>>From: New gTLD Customer Service <newgtld at icann.org>
>>To: "tas at dcaregistry.com" <tas at dcaregistry.com> 
>>Sent: Monday, July 15, 2013 7:46 PM
>>Subject: A new case has been created - Case 00105642
>> 
>>
>>
>>  
>>Dear Sophia Bekele: 
>>Thank 
you for contacting New gTLD Customer Service. Case 
#00105642 has been created to address your inquiry. A member of the Customer 
Service Center will follow up with you shortly. To review your case, log into 
the CSC Portal at https://myicann.secure.force.com/.
>> 
>>This 
is a system-generated email. Please do not respond to this email.
>> 
>>This 
case has the following information:
>>
>>
>>Account: DotConnectAfrica Trust 
>>Subject: GAC advise that affected our appliction processing
>>Description: Dear Christine: 
>>
>>Per the Questions I raised during the New gTLD update session today at the ICANN Durban meeting, and to your your response, I am forwarding the following email that evidences that Mr. Sammy Buruchera , as a Kenya appointed representative has sent email to GAC Chair and others regarding Kenya's objection to the GAC advise over DCA's application. 
>>
>>Thank you for your attention and I look forward to hearing from you soonest. 
>>
>>Sophia 
>>
>>
>>---------------------------------------------------------------------------------- 
>>FW: Change of Kenya's GAC Advisor 
>>Show Details 
>>
>>---- Forwarded Message ----- 
>>From: Sammy Buruchara <buruchara at me.com> 
>>To: Sophia Bekele <sbekele at dotconnectafrica.org> 
>>Sent: Wednesday, April 10, 2013 10:14 AM 
>>Subject: FW: Change of Kenya's GAC Advisor 
>>
>>Sophia, 
>>FYI. 
>>
>>I hope the mail got them on time. 
>>
>>Regards 
>>Sammy 
>>
>>From: "Katundu , Michael" <Katundu at cck.go.ke> 
>>Date: Wednesday, April 10, 2013 9:16 AM 
>>To: "Heather.Dryden at ic.gc.ca" <Heather.Dryden at ic.gc.ca> 
>>Cc: "gac at gac.icann.org" <gac at gac.icann.org> 
>>Subject: FW: Change of Kenya's GAC Advisor 
>>
>>Dear Heather; 
>>
>>My colleague Sammy Buruchara says that the email below bounced. He has requested me to forward it to you. 
>>Regards, 
>>Michael 
>>
>>From: Sammy Buruchara [mailto:buruchara at me.com] On Behalf Of Sammy Buruchara 
>>Sent: Tuesday, April 09, 2013 10:32 PM 
>>To: GAC Secretariat 
>>Cc: fadi.chehade at icann.org; Katundu , Michael 
>>Subject: Re: Change of Kenya's GAC Advisor 
>>
>>Dear Heather, 
>>
>>As the newly appointed Kenyan Government advisor to the GAC, I wish to inform you that I was not able to attend the Beijing meeting due to an unforeseen personal circumstance. 
>>
>>It has come to  my attention that Alice Munyua has introduced herself as the Kenya's gov representative to the GAC. 
>>
>>This is inform you that Kenya does not stand by what Alice states in the GAC since she ceased to be the Kenyan Government advisor for GAC on the day of my appointment. 
>>
>>Further, should the situation arise, Kenya does not wish to have a GAC advise on DotConnect Africa Application for .africa delegation. 
>>
>>Regarda 
>>Sammy Buruchara 
>>GAC Advisor 
>>
>>I am also forwarding this email, which I did not mention at the New gTLD session but is also relevant. 
>>
>>------------------------------------------------------------- 
>>----- Forwarded Message ----- 
>>From: Sophia Bekele <sophiabekele at yahoo.com> 
>>To: "Fadi.chehade at icann.org" <Fadi.chehade at icann.org> 
>>Cc: "heather.dryden at ic.gc.cn" <heather.dryden at ic.gc.cn>; "gacsec at gac.icann.org" <gacsec at gac.icann.org>; "tarek.kamel at icann.org" <tarek.kamel at icann.org>; "sebastien.bachollet at icann.org" <sebastien.bachollet at icann.org>; Olivier MJ Crepin-Leblond <ocl at gih.com>; "steve.crocker at icann.org" <steve.crocker at icann.org>; "ssene at ntia.doc.gov" <ssene at ntia.doc.gov>; "cherine.chalaby at icann.org" <cherine.chalaby at icann.org>; Sammy Buruchara <sammy at nbnet.co.ke>; Katundu Michael <Katundu at cck.go.ke> 
>>Sent: Wednesday, April 10, 2013 7:29 AM 
>>Subject: URGENT Attention: GAC and .africa issue discussed yesterday 
>>
>>10 April 2013 
>>Dear Mr. Chehade, 
>>
>>I hope this email finds you well. 
>>
>>It has come to our attention that the .africa application submitted by DotConnectAfrica was a subject of lengthy discussion at the GAC meeting today by Ms. Alice Munyua, a person who we are informed is not a GAC Representative of a Country. 
>>
>>Kindly note we are also aware of her replacement by Mr. Sammy Buruchara as Kenya GAC Advisor to ICANN.  Therefore, we are perturbed that Ms. Munya could go on discussing issues in ICANN as GAC member. 
>>
>>We expect Ms. Munya to immediately cease from her posturing as an official member of ICANN GAC and.discussing any .africa matter at this capacity 
>>
>>With kindest regards, 
>>Sophia
>> 
>> 
>>Kind 
regards,
>>
>>New gTLD Customer Service 
>>
>>
>>Applicant CSC Portal: https://myicann.secure.force.com/
>>Email: 
newgtld at icann.org
>> 
>> 
>>DISCLAIMER: This email 
is for information only and does not represent all requirements and criteria 
that the applicant must satisfy. ICANN is not providing legal, financial, 
business or any other kind of advice. This email does not represent a 
modification to the Applicant Guidebook, or the terms and conditions to the new 
gTLD program. This email also does not represent a waiver of any ICANN policy, 
procedure or agreement. In the event that any information provided in this email 
appears to be inconsistent with any information published elsewhere by ICANN, 
please do not rely on this email without confirmation or clarification from 
ICANN.
>> 
>>********************PLEASE 
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>>Thread ID: ref:_00Dd0huNE._500d06xowK:ref
>>You must include this text in any reply to this email. 
Thank you.
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>>  
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