Independent Review Panel "schools" ICANN in DotConnectAfrica Trust Case

The Independent Review Panel in the Dot Connect Africa case (see below) has issued a 33-page "Declaration on the IRP Procedure" (pdf) that should be required reading for every member of the ICANN Board of Directors, as well as every participant in the ongoing enhancing accountability and IANA transition processes. If nothing else, the Panel has shown it has read, understands, and takes seriously ICANN's articles of incorporation and by-laws, as well as appicable law. Beginning at page 8, the Panel reviews and reiterates the "Mission and Core Values" of ICANN, as well as ICANN's accountability to the "global internet community" noting, inter alia, that "ICANN is not an ordinary California non-profit organization. Rather, ICANN has a large international purpose and responsibility..." 

Money quote at page 9:

"32) In carrying out its mission, ICANN must be accountable to the global internet community for operating in a manner that is consistent with its Bylaws, and with due regard for its core values."

Below is an excerpt from the Declaration (p. 32) indicating next steps and that the Declaration and the future Declaration on the Merits of the case are binding on the parties (ICANN wanted this to be "advisory" not "binding"):

INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION
Independent Review Panel
CASE # 50 2013 001083

DotConnectAfrica Trust (“Claimant” or “DCA Trust”) and

Internet Corporation for Assigned Names and Numbers (ICANN) (“Respondent” or “ICANN”)

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ICANN fails to follow its own Bylaws and procedures says IRP panel

"Our bylaws are very important to us. They capture our mission of security, stability and accessibility, and compel the organization to be open and transparent." -- from the ICANN website

ICANN may claim its bylaws are important, but apparently ICANN doesn't follow its bylaws. At least that is what an IRP panel ruled yesterday in the DotConnectAfrica (DCA) Trust Case #50117T108313, full decision here (pdf), stating "In the Panel’s unanimous view, it would be unfair and unjust to deny DCA Trust’s request for interim relief when the need for such a relief by DCA Trust arises out of ICANN’s failure to follow its own Bylaws and procedures." (emphasis added)

The details of how ICANN failed to "follow its own Bylaws and procedures" are set out in full in the decision. Suffice to say, this is one more reason for the global multistakeholder community to question ICANN's pretenses of competency and accountability. Excerpt from the decision (pp.7-8) is set out in the graphics below:

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