Second Part: Application form in Word HUMAN RIGHTS COUNCIL SECRETARIAT APPICATION APPOINTMENTS HRC22 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 hrcemrip@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: 15 January 2013 (midnight, GMT). Shortlisted candidates will be interviewed at a later stage. If encountering technical difficulties, you may contact us by email: hrcemrip@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 PERSONAL DATA Family Name: Lux García First Name: Otilia Maiden name (if any): Lux García Middle name: Inés - Sex: Male Female Date of birth ( d-MMM-yy): 21-ene-49 Place of birth: Guatemala Nationality(please indicate the nationality that will appear on the public list of candidates): Guatemala Any other nationality: Candidates to the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) Indigenous origin:Maya - Kiche 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 Group of Latin American and Caribbean States (GRULAC) Group of Eastern European States (GEE) 2|Page 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.) RELEVANT EXPERTISE (200 words) Knowledge of international 3|Page The experience on drafting papers related to human rights, Historical Clarification Commission of the violation of Human Rights and Acts of Violence during the war in Guatemala lasted 36 years, aimed for clarifying the situation objectively and impartiality. I had the opportunity to make readings and interpretation on instruments of International and National Law for the development of the Report’s findings of the Memoria del Silencio of CEH (Historical Clarification Commission). I also contributed with conclusions on extrajudicial killings, genocide against the Mayan people, rape of indigenous women, massacres, torture, disappearances, kidnappings, psychological warfare and reconciliation Recommendations for the people of Guatemala. I have promoted the defense of women rights and Indigenous People, based on the experience gained in previous years at the CEH, and my participation as an expert of Indigenous People Rights at the United Nations, New York. On the other side, I was a Member of the Congress of the Republic of Guatemala wich allowed me to create laws based on the need for justice in violation of the women rights against domestic violence by creating laws as the Law against Femicide, Trafficking Act against children and young women. This experience has given me writing topics related to respect and promote the rights of Indigenous Peoples, women and Children Six years of participation as an expert on the Indigenous Peoples Rights at the Indigenous Permanent Forum at United 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. Nations, NY, being vice president. For six years I was the focal point about human rights of women, indigenous and childhood, this allowed me to be more involved in reading instruments. With the indigenous movement and women in the Latin America I knew more about the international instruments for the protection and promotion of human rights of women and indigenous peoples and children. I was an adviser for UNICEF Latin America, as an expert and focal point on children from Indigenous Permanent Forum, UNESCO, for which I have knowledge about childrens rights. I get experience in the Truth Commission in Guatemala, called Historical Clarification Commission on Human Rights Violation and acts of violence during the war in Guatemala, as Member of the Congress of Guatemala for four years. At the present time, at work, we observe and detect acts of violence against indigenous women, in order to perform the complaints, wich are handled with instruments like CEDAW, BELEM DO PARA, OIT 169 convention and other instruments relate with human rights. All this works needs readings of investigative character. ESTABLISHED COMPETENCE (200 words) Nationally, regionally or internationally recognized competence related to human rights. (Please explain how such competence was acquired). I have been a national and international speaker on Human Rights, Indigenous Peoples Rights and Women's and indigenous children rights. In fact I made use of inputs provided by national legislation and international instruments relating to human rights. My work has been recognized in the Congress of the Republic of Guatemala, due to my view on the legislation committee and constitutional point, were you can analyze and debate in order to come to a consensus of the laws bieng 4|Page proposed. As part of the mechanisms for makers of law, I participated in several public hearings where the organization of civil society gave their opinions of agreements or disagreements related to the proposed law. to perform this task you need to have knowledge on the Constitution of the Republic, as for specific laws relating to the proposed law; it also requires knowledge of international instruments to be invoked, and supplies to support the structure of the law. 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 I have the time available, reason for which I am applying, and that the mechanism is a means to achieve greater access to justice and respect for the rights of indigenous peoples, including women and children. Course as part of Human Rights. III. LANGUAGES (READ / WRITTEN / SPOKEN) Please indicate all language skills Languages Arabic Chinese English French Russian Spanish Mother tongue: Kiche 6|Page Read Not Easily Easily Write Easily Not Easily Speak Not Easily Easily IV. Motivation Letter (600 word limit) In order for you to consider me as a possible candidate for the Expert Mechanism on Indigenous Peoples, to the Human Rights Council of the United Nations. I start by saying that indigenous peoples are ancient and subjects of collective right, who have authorities and jurisdiction of their own, with spirituality and language, knowledge and ancestral culture and education of their own, with land and territory and a permanent struggle for autonomy and self-determination. States and its socio-economic policies and ways of doing politics, have not worked for the welfare and development of identity tied to the recognition and full exercise of the collective rights of indigenous peoples, rather historical inequalities, discrimination, racism, and violence still persist with policies and strategies that are determinal and threat against the life of indigenous people. The dispossession of their lands by the extractive industry, for pharmaceutical firms, by mining logging, oil and hydropower, as oil palm plantings in indigenous territories are threatened by having a healthy and dignified life. Everything is done without prior free will and informed consent of indigenous people in their own territories. This is a clear violation of human rights. Their efforts to protect mother earth and nature, their expressions, and movement organizations have been sensured by the states. These policies break the social group and causes great social conflicts, promoting violence against women and men in the villages and causing murders. Economic policies established by the States and the interests of transnational industry put aside the participation of indigenous people and is felt even more when national laws do not advance in the indigenous agenda or social policies to achieve the fullness of life of these peoples (kaxalak mayib kaslemalil) Citizen participation is the cornerstone of human development, however this is not possible if it continues to deny the individual and collective rights of indigenous peoples, women and children. If it continues to deny cultural rights, if it to insult the languages, if the threat continues to the existiency and diversity. If continued dispossession of ancestral lands, and the deterioration of Mother Earth. The Expert Mechanism, can be achieved through functions that the states open transparent dialogue with indigenous peoples, and women in order to achieve understanding, harmony, justice and peace, once the rights of indigenous people are recognized and respected . Also, the link with this 7|Page recommendations specific to Indigenous peoples, and others can do a whole harmonized work to overcome the scourges that afflict indigenous peoples. Reasons for wich I would like to be part of the Expert Mechanism in order to protect and promote human rights of indigenous people, including women and children. The aim is to achieve the enjoyment of social, political, economic and environmental impacts of indigenous peoples and this gives way to new more just and democratic societies, more human and sensible with greater dignity and greater participation in economic and political life. In addition, I am interested in opening transparent dialogues with harmonious rules, capable of showing respect for the dignity of life and the rights of any human being especially historically excluded people. However, it is a call to The States to apply international instruments for the protection and enjoyment of human rights and access to and administration of justice. I think another strength I could benefit the project with, would be that I would work attached to objectivity, impartiality and consistency with the spirit of international instruments protecting human rights through the fulfillment of the functions the Expert Mechanism on Human Rights Council of the United Nations mandates and promote such as peace and harmony between people, communities, and people among the States. OTILIA INES LUX GARCIA DE COTI 8|Page V. EDUCATIONAL RECORD NOTE: Please list the candidate’s academic qualifications: (university level and higher) Name of degree and name of academic institution Licenciatura en administración educativa 9|Page Years of Attendance 1981 Place and Country Guatemala 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 Executive director of FIMI (Foro Internacional de Mujeres Indígenes in Spanish) One Year untinl now Global Deputy of Guatemala Congress Four years Guatema la Vice president of Indigenous Permanent Forum Six years New York, USA Representative of Guatemala to the Executive Board of UNESCO Four years Paris, France Minister of Culture of Guatemala Four Year Guatema la Commissioner of the Truth Commission in Guatemala Two Years Guatema la 10 | P a g e 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 11 | P a g e 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. No 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. 12 | P a g e