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