SECOND PART: APPLICATION FORM IN WORD (appointments to be made at HRC26 in June 2014) Special Rapporteur on trafficking in persons, especially women and children [HRC res. 17/1] 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: Thursday, 3 April 2014 (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: APPLICATION FORM IN WORD (appointments to be made at HRC26 in June 2014) Special Rapporteur on trafficking in persons, especially women and children [HRC res. 17/1] I. PERSONAL DATA Family Name: Giammarinaro First Name: Maria Grazia Maiden name (if any): Middle name: Sex: Male Female Date of birth ( d-MMM-yy): 23-giu-53 Place of birth: Palermo, Italy Nationality(please indicate the nationality that will appear on the public list of candidates): Italian Any other nationality: 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 I have extensive knowledge and experience in human rights, in particular women's rights, non-discrimination, and trafficking in persons. These stem from my university qualifications, and my work as a Judge, a policy-maker and a diplomat. Since 1991, I have been a Penal Judge in Italy. In this position I have dealt with organized crime cases, including trafficking. I have also developed many good practices regarding victims' rights. From 1996 to 2001, as the Head of the Legislative Office of the Minister for Equal Opportunities, I drafted the Italian legislation on non-discrimination and trafficking, inspired by a human rightsbased approach and gender mainstreaming. From 2006 to 2010 I worked at the European Commission and drafted the EU Directives on trafficking and sexual exploitation of children. More recently, as the OSCE Special SECOND PART: APPLICATION FORM IN WORD (appointments to be made at HRC26 in June 2014) Special Rapporteur on trafficking in persons, especially women and children [HRC res. 17/1] 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. 3|Page Representative for Combating Trafficking in Human Beings (2010 to 2014), I advocated the protection of trafficked persons’ rights, in line with the OHCHR Recommended Principles and Guidelines on Human Rights and Human Trafficking. I have excellent oral communication skills in English, French and Italian, including in front of a large audience and in a diplomatic environment, and have participated as speaker in innumerable high-level conferences, seminars and training sessions. My knowledge of human rights instruments and mandates is profound and based on direct participation in relevant negotiations, as well as in academic debates. In particular, I was a member of the Italian delegation during the negotiation of the CEDAW Optional Protocol, the International Criminal Court Statute, and the UN Convention against Transnational Organized Crime and the Trafficking Protocol. Furthermore, I was the Scientific Expert of the Secretariat of the Council of Europe during the negotiation of the Convention on Action against Trafficking in Human Beings. I have trained judges and prosecutors on a regular basis, and have given lectures on trafficking and victims' rights in the Universities of Oxford, Coimbra, Cork, Rome, London and Vienna. I have also published numerous articles on related topics in English, French and Italian. As OSCE Special Representative for Combating Trafficking in Human Beings, I negotiated an Addendum to the OSCE Action Plan on trafficking in human beings, which required a profound knowledge of all international instruments directly or SECOND PART: APPLICATION FORM IN WORD (appointments to be made at HRC26 in June 2014) Special Rapporteur on trafficking in persons, especially women and children [HRC res. 17/1] indirectly related to the subject. Moreover I cooperated with the UN Special Rapporteurs on Trafficking, and Contemporary Forms of Slavery, and highlighted multiple links between trafficking and other human rights issues, including discrimination and torture. ESTABLISHED COMPETENCE (200 words) Nationally, regionally or internationally recognized competence related to human rights. (Please explain how such competence was acquired). 4|Page My competence in the field of human rights and human trafficking developed firstly at the national level, during my tenure at the Ministry of Equal Opportunities (19962001). It was further recognized at the regional and international levels during my service at the European Commission (2006-2010), in particular in the role of coordinator of the EC Expert Group on trafficking in human beings, and more recently, as OSCE Special Representative, where I hosted and chaired the Alliance against Trafficking in Persons, a wide consultative platform including all UN Agencies, international organizations and NGOs active in anti-trafficking action. During my OSCE mandate, I carried out 11 country visits, including meetings with Government officials - several at the level of Ministers - and with members of Parliaments, the Judiciary, Academia and civil society organizations. Several country visits received follow-up visits, including discussions with experts about the implementation of my recommendations. Moreover, I was heard by the competent Committees of Parliaments in Germany, UK, Italy and Portugal. In 2012, I received the prestigious "Hero Acting to End Modern-Day Slavery” award from then-US Secretary of State Hillary Rodham Clinton, in recognition of my "exemplary leadership … to fight human SECOND PART: APPLICATION FORM IN WORD (appointments to be made at HRC26 in June 2014) Special Rapporteur on trafficking in persons, especially women and children [HRC res. 17/1] trafficking in the OSCE region …." FLEXIBILITY/READINESS 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 per year to the work of a mandate) 5|Page Upon the expiration of my mandate as OSCE Special Representative, I returned to my previous functions as a Judge at the Criminal Court of Rome. In this position I enjoy remarkable flexibility in the organization of my work, as my obligation to be present at the Court is limited to the days on which I determine to schedule my hearings. This implies that I could adjust my own calendar according to the requirements of my mandate, should I succeed. Therefore I would be able to participate in Human Rights Council Sessions and General Assembly Sessions in New York, which are planned much in advance. I would also be able to plan special procedures visits, draft reports and engage with stakeholders, taking advantage of the possibility to plan my judicial work with large autonomy. According to my current functions, I am available and ready to dedicate at least three months per year to the work of the Special Rapporteur Mandate. Moreover, should I succeed, it is my intention to ask the Italian National Judicial Council to adjust my work situation and enable me to dedicate more time - approximately six months per year - to the UN Mandate. SECOND PART: APPLICATION FORM IN WORD (appointments to be made at HRC26 in June 2014) Special Rapporteur on trafficking in persons, especially women and children [HRC res. 17/1] 6|Page SECOND PART: APPLICATION FORM IN WORD (appointments to be made at HRC26 in June 2014) Special Rapporteur on trafficking in persons, especially women and children [HRC res. 17/1] III. LANGUAGES (READ / WRITTEN / SPOKEN) Please indicate all language skills Languages Arabic Chinese English French Russian Spanish Mother tongue: Italian 7|Page Read Not Easily Easily Write Easily Not Easily Speak Not Easily Easily SECOND PART: APPLICATION FORM IN WORD (appointments to be made at HRC26 in June 2014) Special Rapporteur on trafficking in persons, especially women and children [HRC res. 17/1] IV. Motivation Letter (600 word limit) My interest in the position of UN Special Rapporteur on trafficking in persons, especially women and children is twofold; it stems from my previous working experiences as a Judge, a legal expert, a policy maker and, more recently, a diplomat, and from my personal commitment to preventing and fighting against trafficking in persons, with a particular focus on protecting the rights of trafficked and exploited persons. I started to deal with this issue in 1996, when I was Head of the Legislative Office of the Ministry of Equal Opportunities of Italy. In this position I drafted Italy’s legislation on trafficking, which is inspired by a human rights-based approach and is still considered among the most effective in Europe. In addition, I was a member of the Italian delegation during the negotiations of the UN Convention against Transnational Organized Crime, in particular the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, the CEDAW Optional Protocol, and the Rome Statute of the International Criminal Court. As a Judge, I have dealt with a significant number of trafficking cases, and contributed to establishing good practices, especially related to the protection of victims’ rights during criminal proceedings. During the same period I was the Scientific Expert of the Secretariat of the Council of Europe for the duration of negotiations of the Convention on Action against Trafficking in Human Beings. I also served as a National Seconded Expert at the European Commission from 2006 to 2010. In this position, I drafted and negotiated the EU Directive on preventing and combating trafficking in human beings, and protecting its victims. In fact I was involved in key roles in the development of anti-trafficking legislation and instruments, in Europe and at a global level. Lately, my experience as the Special Representative for Combating Trafficking in Human Beings of the OSCE (Organization for Security and Co-operation in Europe) gave me the opportunity to re-confirm and further develop a solid human rights-centred approach to anti-trafficking action, especially inspired by the Recommended Principles and Guidelines on Human Rights and Human Trafficking. Recently, such an approach has been at the core of the drafting and negotiation of an Addendum to the OSCE Action Plan against Trafficking. 8|Page SECOND PART: APPLICATION FORM IN WORD (appointments to be made at HRC26 in June 2014) Special Rapporteur on trafficking in persons, especially women and children [HRC res. 17/1] During my OSCE tenure I developed and consolidated the practice of carrying out country visits, followed up by reports and recommendations that were subsequently made public. In the fulfilment of my mandate I enjoyed a great deal of autonomy. The publication of reports helped establish a transparent methodology and highlight the results achieved, as well as challenges and failures to comply with international protective obligations towards victims. In a number of countries, legislation, regulations and policies were amended or refined following my recommendations. My interest in the position of UN Special Rapporteur on trafficking in persons is related to the potential of this role to further develop the prevention of and fight against trafficking at the global level. The invaluable role of the UN Special Rapporteurs is linked to their independence, impartiality and potential effectiveness. The diplomatic skills I acquired during my tenure as OSCE Special Representative would help ensure the cooperation of governments. Over the past four years I have had direct contacts with various government agencies, including at the level of Ministers. Furthermore, my professional skills and ethical integrity as a Judge would ensure impartiality, neutrality and objectiveness in the fulfilment of my mandate. In conclusion, I would like to build upon my widely recognised leadership and experience, as well as at the legislative and diplomatic levels, to promote the advancement of the whole spectrum of trafficked persons’ rights. 9|Page SECOND PART: APPLICATION FORM IN WORD (appointments to be made at HRC26 in June 2014) Special Rapporteur on trafficking in persons, especially women and children [HRC res. 17/1] 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 Degree in Italian Literature (Specialization in Sociology), University of Palermo 1971-1975 Palermo, Italy Degree in Law (Specialization in Civil Law), University of Palermo 1981-1986 Palermo, Italy Public Competition for the Italian Judiciary Qualification: 8^ out of 300 1989 10 | P a g e Place and Country Rome, Italy SECOND PART: APPLICATION FORM IN WORD (appointments to be made at HRC26 in June 2014) Special Rapporteur on trafficking in persons, especially women and children [HRC res. 17/1] 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 Criminal Court of Rome - Judge (Current position, also held in the past) Years of Attendance/ Work Since 1 March 2014; Place and Country Rome, Italy 2001-2006; 1991-1996 Organization for Security and Co-operation in Europe (OSCE) - Soecial Representative and Co-ordinator for Combating Trafficking in Human Beings from 2010 to February 2014 Vienna, Austria European Commission, DG Justice and Home Affairs National Seconded Expert responsible for trafficking in human beings, sexual exploitation of children and penal aspects of irregular migration 2006-2010 Brussels, Belgium Presidence of the Council of Ministers - Department of 1996-2001 Equal Opportunities - Head of the Legislative Office and Adviser to the Minister for Equal Opportunities 11 | P a g e Rome, Italy SECOND PART: APPLICATION FORM IN WORD (appointments to be made at HRC26 in June 2014) Special Rapporteur on trafficking in persons, especially women and children [HRC res. 17/1] 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 12 | P a g e SECOND PART: APPLICATION FORM IN WORD (appointments to be made at HRC26 in June 2014) Special Rapporteur on trafficking in persons, especially women and children [HRC res. 17/1] As a member of the Italian Judiciary and as a Judge, I enjoy full independence, which is guaranteed to all Judges and Prosecutors by the Italian Constitution and legislation. 13 | P a g e SECOND PART: APPLICATION FORM IN WORD (appointments to be made at HRC26 in June 2014) Special Rapporteur on trafficking in persons, especially women and children [HRC res. 17/1] 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. In my position as a Judge, I am not part of any government decision making position, and therefore there is no possibility of any conflicts of interest. 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. 14 | P a g e