Second Part: Word APPLICATION FORM FOR SPECIAL PROCEDURES MANDATE HOLDERS

advertisement
Second Part: Word APPLICATION FORM FOR SPECIAL PROCEDURES
MANDATE HOLDERS
Independent expert on the effects of foreign debt and other related
international financial obligations of States on the full enjoyment of
human rights, particularly economic, social and cultural rights
How to start the application process:
- The application process has been split into 2 parts, the first part is a Webbased survey and the second part is an application form in word which can be
downloaded, completed and returned by email. Both parts and all sections of
the application form should be filled in for the application to be processed.
The first part, i.e. the Web-based survey is used to collect information for
statistical purposes such as personal data (i.e. name, gender, nationality),
contact details, mandate/s applying for and nominating entity. The webbased survey should only be completed once, i.e. multiple selection
allowed to indicate if the candidate is applying for more than one mandates.
This is the second part, i.e. of the application form in Word which can be
downloaded, completed and saved in word format and then submitted as an
attachment by email. Information provided in this form, includes a motivation
letter of maximum 600 words, will be used as received to prepare the public
list of candidates who applied for each vacancy and will be made available to
concerned parties, including through the OHCHR Internet.
Once completed the application form in Word should be submitted by email to
hrcspecialprocedures@ohchr.org
If the candidate is applying for more than one mandates, an application form
needs to be completed and sent for each mandate.



A maximum of 3 reference letters can be attached, in pdf format, to the
application sent by email. No additional document is required.
Application Deadline: 31 OCTOBER 2013 (midnight, GMT).
Shortlisted candidates will be interviewed at a later stage.
If encountering technical difficulties, you may contact us by email:
hrcspecialprocedures@ohchr.org or fax: + 41 22 917 9011
An acknowledgment will be sent when we receive both parts of the
application process, i.e. the information through the web-based
survey and the application form through email.
1|Page
Second Part: Word APPLICATION FORM FOR SPECIAL PROCEDURES
MANDATE HOLDERS
Independent expert on the effects of foreign debt and other related
international financial obligations of States on the full enjoyment of
human rights, particularly economic, social and cultural rights
I PERSONAL DATA
Family Name:
Bohoslavsky
First Name:
Juan
Maiden name (if any):
Middle name: Pablo
Sex:
Male
Female
Date of birth ( d-MMM-yy): 29-Apr-76
Place of birth: Bahia Blanca, Argentina
Nationality(please indicate the
nationality that will appear on the public
list of candidates): Argentinean
Any other nationality: Italian
II. MANDATE - SPECIFIC COMPETENCE/QUALIFICATION/KNOWLEDGE
NOTE: Please describe why the candidate’s
competence/qualifications/knowledge is relevant in relation to the
specific mandate:
QUALIFICATIONS (200 words)
Relevant educational
qualifications or equivalent
professional experience in the
field of human rights; good
communication skills (i.e. orally
and in writing) in one of the
official languages of the United
Nations (i.e. Arabic, Chinese,
English, French, Russian,
Spanish.)
2|Page
As my academic and professional background has
focused on international law, human rights law, and
economics from multiple perspectives, I believe I am
well-suited to contribute to the multi-disciplinary and
complex matters that I would tackle as independent
expert.
For several years now I have been intensively
researching, specifically on sovereign debt and human
rights. I have published books and articles in
prestigious worldwide publications. I recently coedited and co-authored a book entirely dedicated to
sovereign debt and human rights (Hart, forthcoming).
As a professor, I have taught courses on human rights
and sovereign insolvency.
My present experience at UNCTAD gave me the
opportunity to combine academic and political work
on sovereign debt, financial crises and MDGs. I am in
charge of coordinating an expert group in this area; I
also negotiate with states and other stakeholders to
build international consensus around UN instruments.
Additionally, I had the opportunity to participate in
meetings organized by the current Independent Expert
on Foreign Debt and Human Rights.
I worked for UN-ECLAC on topics related to
investment, public utilities and human rights. I also
Second Part: Word APPLICATION FORM FOR SPECIAL PROCEDURES
MANDATE HOLDERS
Independent expert on the effects of foreign debt and other related
international financial obligations of States on the full enjoyment of
human rights, particularly economic, social and cultural rights
worked for the Argentinean state on matters of
investments and human rights. I have carried out my
professional and academic activities in English and
Spanish.
RELEVANT EXPERTISE (200
words)
Knowledge of international
human rights instruments,
norms and principles. (Please
state how this was acquired).
Knowledge of institutional
mandates related to the United
Nations or other international or
regional organizations’ work in
the area of human rights.
(Please state how this was
acquired).
Proven work experience in the
field of human rights. (Please
state years of experience.
ESTABLISHED
COMPETENCE
(200 words)
Nationally, regionally
or internationally
recognized competence
related to human
rights. (Please explain
how such competence
was acquired).
3|Page
Having studied law in Latin American, European and
American universities, earning a postdoctoral degree in
law, I spent 12 years studying and researching human
rights law. I worked for a firm litigating class actions
representing collective consumers’ rights (1999-2003).
I was managing director of the Argentinean water
supply company, in which the human right to clean
water was the regulatory pillar (2006). I was legal
consultant for the claim of Aguas Argentinas against
the Argentina in the ICSID (2005/6), and I defended
the Argentinean state in the case "Yacyreta" (binational dam) in the ICC (2007/9). In both cases
human rights legal reasoning was crucial. I worked as
a legal consultant for UN-ECLAC where I performed
research on human rights, investment, and water in the
Latin American context (2009/10). I was a law
professor (currently on leave), having taught courses
on human rights and sovereign insolvency (2009-11).
Since 2011 I have worked for UNCTAD coordinating
the expert group of the project on Responsible
Sovereign Financing. Debt crisis prevention and
resolution are intrinsically linked to social, economic
and cultural rights, so human rights law is one of my
daily professional tools. In the context of this project I
have participated and represented UNCTAD in a
number of human rights and international fora,
including the UNHRC, UN GA, G20 and G24.
For the last decade I have been closely following the debates and
worked intensively on the links between economics and human
rights, more specifically on how sovereign debt and human rights
interact. I have worked for private, national, and UN sectors,
gaining theoretical, practical and political knowledge on how
human rights law can be put in motion in the context of
economically complex problems, such as foreign investment and
sovereign financing. Working for the UN in the specific field of
debt crisis prevention and resolution from a legal perspective
embedded in the UN approach to global economic challenges has
been a great opportunity to learn about the important role that
human rights law can play in the global agenda on economic
Second Part: Word APPLICATION FORM FOR SPECIAL PROCEDURES
MANDATE HOLDERS
Independent expert on the effects of foreign debt and other related
international financial obligations of States on the full enjoyment of
human rights, particularly economic, social and cultural rights
reforms. I co-authored a book on the UNCTAD approach to
sovereign debt:
http://ukcatalogue.oup.com/product/9780199674374.do#.Uk68IHIk
Vio; and another on sovereign debt and human rights, specifically:
http://www.hartpub.co.uk/books/details.asp?isbn=9781849464383
(forthcoming), for which Philip Alston wrote the foreword. I have
also worked on transitional justice and lenders’ responsibility. I
recently co-authored a book on this topic:
http://www.sigloxxieditores.com.ar/fichaLibro.php?libro=978-987629-344-0 (Please see the annex on the publications on sovereign
debt).
FLEXIBILITY/READINE
SS AND AVAILABILITY
OF TIME (200 words)
to perform effectively
the functions of the
mandate and to
respond to its
requirements,
including participating
in Human Rights
Council sessions in
Geneva and General
Assembly sessions in
New York, travelling on
special procedures
visits, drafting reports
and engaging with a
variety of
stakeholders.
(Indicate whether
candidate can dedicate
an estimated total of
approx. three months
4|Page
If I am appointed Independent Expert I will not continue working
as Sovereign Debt Expert for UNTCAD. Instead, I will move to
Argentina to teach law. Before I was appointed Sovereign Debt
Expert at UNCTAD I obtained a tenured position as a law professor
at the National University of Rio Negro (Patagonia, Argentina),
where for two years I designed and ran a “Global Administrative
Law” Masters Program. I will have full flexibility to effectively
perform the functions of the mandate and respond to its
requirements.
Second Part: Word APPLICATION FORM FOR SPECIAL PROCEDURES
MANDATE HOLDERS
Independent expert on the effects of foreign debt and other related
international financial obligations of States on the full enjoyment of
human rights, particularly economic, social and cultural rights
per year to the work of
a mandate)
5|Page
Second Part: Word APPLICATION FORM FOR SPECIAL PROCEDURES
MANDATE HOLDERS
Independent expert on the effects of foreign debt and other related
international financial obligations of States on the full enjoyment of
human rights, particularly economic, social and cultural rights
III. LANGUAGES (READ / WRITTEN / SPOKEN)
Please indicate all language skills
Languages
Arabic
Chinese
English
French
Russian
Spanish
Mother
tongue:
Spanish
6|Page
Read
Not
Easily
Easily
Write
Easily
Not
Easily
Speak
Not
Easily
Easily
Second Part: Word APPLICATION FORM FOR SPECIAL PROCEDURES
MANDATE HOLDERS
Independent expert on the effects of foreign debt and other related
international financial obligations of States on the full enjoyment of
human rights, particularly economic, social and cultural rights
IV. Motivation Letter (600 word limit)
Sovereign debt has deep intergenerational and global redistributive implications, which lead to a
careful examination of the problem of global distribution of political authority and economic
development. As international human rights law can (and should) contribute to understanding and
transforming global political economy, this mandate is extremely relevant from every possible
point of view.
On the face of it, the mandate on Foreign Debts and Human Rights presents the professional
challenge of interacting with a broad and diverse range of stakeholders. Throughout my
professional career (almost 15 years), I have worked extensively with most of the types of
stakeholders involved in this initiative, including private banks, governments, NGOs, Bretton
Woods institutions, UN agencies, and scholars. In several of my past jobs, I have dealt with issues
related to international law, human rights, global economy and finance. I believe my strong
background in working with diverse stakeholders and issues have equipped me well to understand
the needs and views of diverse clients and working with multi-disciplinary and complex legal and
economic matters including more specifically debt relief, capacity of debt repayment and its
implications, bilateral, multilateral and private financing, debt litigation and odious debt.
I have been researching sovereign debt for several years now. My Ph.D. thesis was on the criteria
for distributing losses in sovereign insolvencies. Having published academic pieces on the link
between sovereign financing and human rights in highly renowned publications from Latin
America, Europe, China, and the U.S. (please see the annex) I am knowledgeable about academic
developments and I have developed networks from many different countries and backgrounds.
I have participated in many official international, regional and national meetings, including events
organized by the World Bank, IMF, UN-ECLAC, UNCTAD, EU, NGOs, UN Human Rights
Council, G20, G24, and a number of states all around the world. These experiences have been
enriching in terms of understanding how to effectively intervene and interact in international
relations, law and finance.
I think that the combination of intensive professional experience as an international lawyer and a
strong academic background specifically on sovereign debt and human rights could be of value for
this mandate. This combination has equipped me with better technical tools for my work and a
more realistic vision for my academic activity. I am also experienced at working with a high degree
of independence.
The experience I gained working for UNCTAD on international debt has familiarized me with the
mandate, vision, dynamics, and expectations related to this position, not only from the standpoint
of the UN, but also from those of other international stakeholders involved in the debates around
foreign debt and human rights.
I am already familiar with this mandate I am applying for; I have participated in some of the
meetings organized by the current Independent Expert, who has been a member of the UNCTAD
Expert Group I coordinate.
Finally, I strongly believe human rights law applies and offers solutions in sovereign debt contexts
and can prevent human rights abuses and provide relief, both judicial and non-judicial, to the
7|Page
Second Part: Word APPLICATION FORM FOR SPECIAL PROCEDURES
MANDATE HOLDERS
Independent expert on the effects of foreign debt and other related
international financial obligations of States on the full enjoyment of
human rights, particularly economic, social and cultural rights
afflicted. Behind these claims is a conception that the outcome of sovereign debt should primarily
benefit the population which I think is consistent with the goals of this mandate.
8|Page
Second Part: Word APPLICATION FORM FOR SPECIAL PROCEDURES
MANDATE HOLDERS
Independent expert on the effects of foreign debt and other related
international financial obligations of States on the full enjoyment of
human rights, particularly economic, social and cultural rights
V. EDUCATIONAL RECORD
NOTE: Please list the candidate’s academic qualifications: (university
level and higher)
Name of degree and name of academic
institution
Years of
Attendance
Place and
Country
Global Fellow from Practice and
Government. Post-Doctorate in Law (New York
University)
2008-2009
New York (US)
Doctorate in Law (Salamanca University), and European
Doctorate (research at Vienna University)
2003-2005
Salamanca (Spain)
and Vienna
(Austria)
LL.M in Corporate Law (Austral University)
2000-2002
Buenos Aires
(Argentina)
Lawyer (National University of Comahue)
1993-1998
Rio Negro
(Argentina)
9|Page
Second Part: Word APPLICATION FORM FOR SPECIAL PROCEDURES
MANDATE HOLDERS
Independent expert on the effects of foreign debt and other related
international financial obligations of States on the full enjoyment of
human rights, particularly economic, social and cultural rights
VI. EMPLOYMENT RECORD
NOTE: Please briefly list ALL RELEVANT professional positions held,
beginning with the most recent one:
Name of Employer
Functional Title
Main functions of position
Years of
Attendance/
Work
Place
and
Country
* (This list of positions does not include some others, such as Law
Professor between 2009-2011)
UNCTAD. Sovereign Debt Expert (P-4). Coordinate the Expert
Group of the project on " Responsible Sovereign Lending &
Borrowing"; analyze the inputs received from experts and
governments and draft the principles accordingly; coordinate
regional consultative meetings; carry out research on these issues.
Feb. 2011Present
Geneva,
Switzerlan
d
UN-ECLAC. Legal consultant. Conduct extensive research on
topics of international economic law, human rights and foreign
investment in Latin America.
May 2009Dec 2010
Viedma,
Argentina
Argentinean federal state. Lawyer. Legal advisory. Defend the
Argentinean state in the case "Yacyreta" in an international
arbitration court (International Chamber of Commerce, Paris);
provide legal assistance to the National Defense Ministry and the
Planning Ministry on foreign investment, contractual issues,
international litigation, and international law; managing director
(with Secretary status) of the national water supply company
representing the federal state in the company board.
June 2005April 2009
Buenos
Aires,
Argentina
Law firm. Partner. Provide consultancy services and litigate on
behalf of corporations (banks and insurance companies) and NGOs.
Feb. 1999Feb. 2003
General
Roca,
Argentina
10 | P a g e
Second Part: Word APPLICATION FORM FOR SPECIAL PROCEDURES
MANDATE HOLDERS
Independent expert on the effects of foreign debt and other related
international financial obligations of States on the full enjoyment of
human rights, particularly economic, social and cultural rights
VII. COMPLIANCE WITH ETHICS AND INTEGRITY PROVISIONS (of
Council Resolution 5/1)
1. To your knowledge, does the candidate have any official, professional,
personal, or financial relationships that might cause him/her to limit the extent
of their inquiries, to limit disclosure, or to weaken or slant findings in any way?
If yes, please explain.
No
2. Are there any factors that could either directly or indirectly influence,
pressure, threaten, or otherwise affect the candidate’s ability to act
independently in discharging his/her mandate? If yes, please explain:
No
3. Is there any reason, currently or in that past, that could call into question
the candidate’s moral authority and credibility or does the candidate hold any
views or opinions that could prejudice the manner in which she/he discharges
his mandate? If yes, please explain:
No
4. Does the candidate comply with the provisions in paragraph 44 and 46 of
the Annex to Human Rights Council resolution 5/1?
Para. 44: The principle of non-accumulation of human rights functions at
a time shall be respected.
Para. 46: Individuals holding decision-making positions in Government
or in any other organization or entity which may give rise to a conflict of
interest with the responsibilities inherent to the mandate shall be
excluded. Mandate-holders will act in their personal capacity
11 | P a g e
Second Part: Word APPLICATION FORM FOR SPECIAL PROCEDURES
MANDATE HOLDERS
Independent expert on the effects of foreign debt and other related
international financial obligations of States on the full enjoyment of
human rights, particularly economic, social and cultural rights
Yes. Furthermore, as I noted earlier, if I am appointed as Independent Expert I will not continue
working for UNCTAD (the fixed-term contract is renewed every May) and I will return to
Argentina to focus on academic work.
12 | P a g e
Second Part: Word APPLICATION FORM FOR SPECIAL PROCEDURES
MANDATE HOLDERS
Independent expert on the effects of foreign debt and other related
international financial obligations of States on the full enjoyment of
human rights, particularly economic, social and cultural rights
5. Should the candidate be appointed as a mandate holder, he/she will have to
take measures to comply with paragraphs 44 and 46 of the Annex to Council
resolution 5/1. In the event that the current occupation or activity, even if
unpaid, of the candidate may give rise to a conflict of interest (e.g. if a
candidate holds a decision-making position in Government) and/or there is an
accumulation of human rights functions (e.g. as a member of another human
rights mechanism at the international, regional or national level), necessary
measures could include relinquishing positions, occupations or activities. If
applicable, please indicate the measures the candidate will take.
See please the previous answer.
You will receive an acknowledgment when we receive both parts of the
application process, i.e. the information through the Web-based application
and the Word application form by email.
Thank you for your interest.
13 | P a g e
Download