Second Part: Word Format APPLICATION APPOINTMENTS HRC 19
HUMAN RIGHTS COUNCIL SECRETARIAT
APPLICATION FORM APPOINTMENTS HRC 19
How to start the application process:
- The application process has been split into 2 parts, the first part is a Webbased application 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 application 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 web-
based application 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 of the application form in Word format 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 format 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: 30 November 2011 (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
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PERSONAL DATA
Sex: Male
Date of birth (
Female d-MMM-yy): 24-Jan-62
Nationality (please indicate the nationality that will appear on the public list of candidates) : USA
Any other nationality:
If you are applying for the Expert Mechanism on the rights of
indigenous peoples
Indigenous origin:
I. MANDATE
Indicate the specific mandate applied for:
Note: Please select ONE only. If you are applying for more than one mandate, please submit a separate form for each mandate.
1. Expert Mechanism on the rights of indigenous peoples
2. Independent Expert on the promotion of a democratic and equitable international order
3. Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence
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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.)
My educational qualifications include training in international relations and international law: B.A., magna cum laude,
Columbia University, 1984; M.Phil
(International Relations), University of
Cambridge, 1985; J.D. Yale Law School,
1989. Since I was graduated from law school in 1989 I have extensive experience in the field of human rights in North
America, Africa, and Asia. From 1993 to
1996 I served as the Associate Director of the Schell Center for International Human
Rights at the Yale Law School, an interdisciplinary research, advocacy, and educational center. From 1996 to 1997 I served as a consultant to the South African
Truth and Reconciliation Commission in
Cape Town, a position I continued while in the US from 1997 to 2000. Since 1997 I have been a professor of law at Seattle
University where I teach and write in the areas of international human rights law, international criminal law, and transitional justice. From 2005 I have worked in
Cambodia on issues of human rights and transitional justice in my capacity as a legal advisor to the Documentation Center of
Cambodia. Finally, since 2009 I have served as one of three international
Commissioners on the Kenyan Truth Justice and Reconciliation Commission. I write and speak extensively in public in English as a law professor and in connection with the positions listed above.
RELEVANT EXPERTISE (200 words)
Knowledge of international human rights instruments,
For twenty-seven years I have developed extensive knowledge of international human rights instruments, norms and principles, including the UN and the three
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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. formal regional human rights systems.
This knowledge was acquired through formal studies at the University of
Cambridge (1984-85) and at Yale (1986-
1989), and through teaching, researching and writing in the area of human rights law at the Yale Law School (1993 – 1996),
Seattle University School of Law (1997 –
2009), and the University of the
Witwatersrand (2006-2009). My human rights expertise has developed beyond the classroom through my work as a lawyer for human rights claimants before US courts, the UN human rights system, and the
European and American regional human rights systems. I also served as a consultant in the area of international human rights to the South African Truth and Reconciliation Commission (1996-
2000); as a fellow in human rights with the
Community Law Centre of the University of the Western Cape (1996-1997); as a legal advisor to the Documentation Center of
Cambodia (2005 – present); and as a
Commissioner with the Kenyan Truth
Justice and Reconciliation Commission
(2009 – present). Finally, I have written extensively in the area of international human rights law, and am co-author of the best-selling law school textbook in the
United States on international criminal law.
ESTABLISHED COMPETENCE
(200 words)
Nationally, regionally or internationally recognized competence related to human rights. (Please explain how such competence was acquired).
I have been recognized for my expertise in human rights nationally, regionally, and internationally. Nationally, I was a corecipient of the Trial Lawyers for Public
Justice Foundation’s Trial Lawyer of the
Year Award in 1995 for work I did on human rights cases in US courts.
Regionally and internationally I was chosen as the first recipient of the Bram Fischer
Visiting Professorship in Human Rights at the University of the Witwatersrand in
2006-2007; as an Honorary Professor at the University of the Witwatersrand (2007
– present); and by the African Union’s
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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)
Panel of Eminent African Personalities as one of three international commissioners with the Kenyan TJRC. I have been asked to speak on human rights in countries throughout the world, including Mexico,
Canada, the United Kingdom, Indonesia,
Cambodia, Kenya, Burundi, Rwanda,
Tanzania, Uganda, and South Africa. I have also been asked to contribute articles on human rights to peer-reviewed journals and peer-reviewed book collections, and been asked to act as a peer reviewer, most recently for a volume on African perspectives on international criminal law.
My competence has been recognized both within the academy (through the leadership positions I have undertaken) and in the profession (through my work in Cambodia,
South Africa, and Kenya).
As a tenured law professor in the United
States I have the time and flexibility to fulfill effectively the functions of the mandate of the Special Rapporteur on the
Promotion of Truth, Justice, Reparation and
Guarantee of Non-Recurrence. In addition to being able to devote three months during the northern hemisphere summer, as an established and tenured law professor I have the flexibility to travel when necessary during the northern hemisphere academic year. This would allow me to participate in Human Rights
Council sessions in Geneva and General
Assembly sessions in New York. Given my previous work in the area, I already have developed extensive relationships with a variety of stakeholders in the areas of human rights, international criminal law,
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and transitional justice.
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III. LANGUAGES (READ / WRITTEN / SPOKEN)
Please indicate all language skills
Languages Read
Easily
Not
Easily
Write
Easily
Not
Easily
Arabic
Chinese
English
French
Russian
Spanish
Mother tongue:
Speak
Easily
Not
Easily
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IV. Motivation Letter (600 word limit)
My educational, academic, and practical experience in the areas of human rights, international criminal law, and transitional justice make me uniquely qualified for the position of Special Rapporteur on the promotion of truth, justice, reparation and the guarantee of non-recurrence.
My training and experience in human rights and transitional justice is extensive, developed for over twenty-five years both in academia and the field; holistic, incorporating bodily integrity, civil and political rights with economic, social, cultural, and environmental rights; diverse in approach, combining academia, advocacy, and conciliation; and global in experience, including North America, Asia and Africa.
For more than twenty-five years I have taught international human rights law, international criminal law, transitional justice, poverty law, and economic development. I have published articles or books in each of these fields. I have represented individuals and organizations in human rights cases brought in US federal courts; the American, European, and African regional human rights systems; and the UN system, including the Human Rights Committee, the Committee Against Torture, and the 1235 and 1503 procedures. I have worked directly with two truth commissions, South Africa and Kenya, and with the Documentation Center of Cambodia which performs many of the functions of a more traditional truth commission.
I approach human rights holistically, combining expertise in bodily integrity and civil and political rights with expertise in economic, social and cultural rights, and rights related to development and environmental justice. I developed and taught an inter-disciplinary clinical class with students from law, business, architecture and public health on housing and economic development. I worked with the Community Law Centre at the University of the Western Cape pursuing socio-economic rights under the new South African
Constitution; I taught property and poverty law as a legal academic; I practiced housing and environmental law in New York City; and the Kenyan
TJRC approaches human rights holistically.
I have worked extensively to reconcile the pursuit of truth, justice and reparations. This includes first-hand experience with victims and survivors of mass atrocities, as well as engagement with perpetrators, both individual and institutional, in pursuit of establishing the truth of historical violations and setting the stage for the pursuit of justice (including reparations) and reconciliation. I have taught and published widely in these areas, and my publications include the largest selling casebook on international criminal law in the US.
My interests, experience, and perspective are global. I have worked directly with transitional justice mechanisms in North America, Asia, and Africa. I have worked for greater global understanding between the global north and
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global south through my own work in Africa and Asia, and through the creation of a global human rights advocacy program in Africa that brings together students from the global north with students from Africa.
I see three broad challenges to the practice of transitional justice today: 1) the relationship among transitional justice mechanisms and more traditional justice mechanisms such as the International Criminal Court; 2) addressing historical injustices through a holistic approach to human rights that is sensitive to the inter-relationships among those rights; and 3) developing mechanisms of transitional justice that combine a sensitivity to the demands of justice while recognizing that the ultimate goal is peace and reconciliation based upon a just social order.
My experience and expertise provide me with the insight and skills to address these and other challenges facing the practice of transitional justice globally.
If given the opportunity to serve as the UN Special Rapporteur on the promotion of truth, justice, reparation and the guarantee of non-recurrence, I will work to further develop solutions to these and other challenges.
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V. EDUCATIONAL RECORD
NOTE: Please list the candidate’s academic qualifications: (university level and higher)
Name of degree and name of academic institution
JD, Yale Law School
M.Phil. (International Relations), University of
Cambridge
B.A. (History), magna cum laude, Columbia
University
Years of
Attendance
1986-1989
1984-1985
1981-1984
Place and
Country
New Haven,
USA
Cambridge,
England
New York, USA
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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
Kenyan Truth Justice and Reconciliation Commission,
Commissioner -- oversee all aspects of commissions work; chaired Human Rights Violations Committee and Finance and Administration Committee
Seattle University School of Law.
Professor of Law (2009 - )
Director, International & Comparative Law Programs
(2005 - 2009)
Director, Global Justice Advocacy (South Africa)
(2007 - 2009)
Director, Center for Global Justice (2006 - 2008)
Associate Professor (2000 - 2009)
Assistant Professor (1999 - 2000)
Visiting Professor (1997 – 1999)
Teach upper level classes in Public International Law,
International Human Rights Law, International
Criminal Law, and Transitional Justice. Oversee and develop the law school’s international and comparative law programs, including summer programs in Brazil and South Africa, and directing the research-focused Center for Global Justice.
Years of
Attendance/
Work
2009- present
1997- present
Place and
Country
Kenya
Seattle,
USA
2006 - present
University of the Witwatersrand School of Law
Honorary Professor (2007- present)
Bram Fischer Visiting Professor of Human Rights
(2006-2007)
Truth and Reconciliation Commission, South Africa
International Law Consultant
International Law Consultant on a variety of legal and policy issues, including scope and definition of the
Commission’s mandate, international and comparative human rights and criminal law, and
1996 -
2000
Johannes burg,
South
Africa
Cape
Town,
South
Africa
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international humanitarian law.
COMMUNITY LAW CENTRE, UNIVERSITY OF THE
WESTERN CAPE, Cape Town,
South Africa
Visiting Professor at human rights research center.
Research and writing on transitional justice in South
Africa, and the implementation of economic and social rights under the new South African
Constitution.
YALE LAW SCHOOL, New Haven, CT
Associate Director, Orville H. Schell, Jr. Center for
International Human Rights
Visiting Lecturer and Research Fellow
Co-directed inter-disciplinary human rights program at Yale Law School. Responsibilities included teaching international human rights at law school and college levels; teaching and supervising students in international human rights law litigation clinic; organizing speaker series and conferences on contemporary human rights issues; and acquire, review, and edit human rights scholarship for publication.
BERLE, KASS & CASE, New York, NY
Associate
Specialized in housing, environmental, land use, notfor-profit corporate and tax, and human rights law in
18-attorney Manhattan law firm. Represented notfor-profit and for-profit housing and real estate developers, low-income coops, environmental groups, and international human rights organizations.
YALE LAW SCHOOL, New Haven, CT (1989-1991)
Assistant Clinical Professor (1990 - 1991)
Clinical Teaching Fellow (1989-1990)
Taught Workshop on Shelter for the Homeless, an inter-disciplinary transactional law school clinic consisting of law, business, architecture, and public health students working with not-for-profit organizations in the area of homelessness, housing, and economic development. Taught Immigration
Clinic and supervised students representing refugees
1996-1997
1993-1996
1991-1993
1989-1991
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Haven,
USA
New
York,
USA
New
Cape
Town,
South
Africa
New
Haven,
USA

in political asylum claims in the U.S. Assisted in the creation of an environmental law clinic.
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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
Yes
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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.
If such a situation were to arise, I would either relinquish the conflicting position or relinquish the position of Special Rapporteur.
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