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: MARIÑO MENENDEZ First Name: FERNANDO M. Maiden name (if any): Middle name: Sex: Male Female Date of birth ( d-MMM-yy): 1-oct-45 Place of birth: NOIA (SPAIN) Nationality(please indicate the nationality that will appear on the public list of candidates): SPANISH Any other nationality: NO 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 Doctor in Law (University of Bologna; 1970 : Summa cum Laude and Extraordinary Award). Diplome in Public Law of the Hague Academy on International Law (1976). Diplome of the Center for Studies and research of the Academy (1980). Chair in Public Internationa Law at Universities of Córdoba(1983), Zaragoza (1984-1990)and since 1990 at University Carlos III(Madrid). Founder and first Director (1994-2010) del “Instituto Universitario de Estudios Internacionales y europeos “Francisco de Vitoria” of the University Carlos III. Founder and Director within the Institute of the post degree Master on: “International solidary action and social integration" which include special studies on Protection of foreigners and migrants rights. (since 1998; actually at its 15th edition); and Founder and codirector of the Expert Course on “Protection of rights of 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] indigenous people" (since 2005; actually at its 7th edition). In cooperation with the "Indigenous University" and "the International Indigenous Fund". Director of the Chair Concepción Arenal to promote the teaching and investigation of “Rights of vulnerable persons and groups” I My mother tongue is spanish. I can read and write very fluidly the english language and I speak it with middle command . As to french , I read it very fluidly, I write it with command and I speak it not easily 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 He has been the academic Tutor and Director of more than 15 Doctoral Thesis in International Law of human rights.He teaches the "Universal system of protection of human rights" as a Doctorate discipline since 2008; discipline that he also taught at the American University (Washington D.C. 2003-2011) Has imparted lessons, courses and Seminars on international protection of human rights by U.N.in several Universities and Institutions: (among others) the Peace University of United Nations ( Costa Rica 1991); the Refugees Studies Center of the Oxford University (2004 and 2005); the Barrister College of Tokyo (2008); and the Seminar of the Interamerican Court on Human rights ( Bogotá, 2011).Has published and edited more than 20 books and about 120 articles and other collaborations. A relevant part of them on the international protection of human rights of migrant workers, refugees and women. President (1998-2002) of the Association for Human rights of Spain (1998-2002), the oldest one of its category in spanish democracy (since 1977).At the session of the pertinent Committee (New York, 1994) 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] he got for the Federación (after bargaining and winning the ruled vote) the Statute A, as consulting NGO before the ECOSOC. Is member of the Governing Council of the Auditoría Democrática Andina (since 2000). ESTABLISHED COMPETENCE (200 words) Nationally, regionally or internationally recognized competence related to human rights. (Please explain how such competence was acquired). 4|Page He directed the delegation of the Federation of Human rights at different sessions of the Commission of Human Rights of United Nations (Genêve: 1994,1995 y 1997) and at the U.N. Conference on Human rights (Vienna, 1993). Formally invited by UNO Women,he took the word at the session in New York (March -2013) of the Commission on the juridical and social Statute of Women (ECOSOC) to support the adoption by U.N. of a Protocol for the investigation and documentation of the crime of Femicide. Member of CAT (2011-2013) and elected as its Chairman for the period 20022004.He was the main Rapporteur of the relevant General Observation number 2, adopted in 2007. He was the Head of the Inquiry Missions (to investigate denounces of "systematic tortute") to Brazil (see the Report on CAT/C/39/2) and to Lebanon (2013). He integrated the Special Mission of the Committee sent to Senegal to follow the implementation of its decision in the case "Souleymane Guengueng vs. Senegal", on which he was the Rapporteur. This decision opened the way to the sentence of the I.C.J. ( 20th july 2012) in the case "Questions relating to the obligation to prosecute or extradite (Belgium vs. Senegal". Since 2005 he has acted as the Rapporteur for New claims and interim measures. Since 2013 he has participated in the control visits made as 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] member of the NMPT of Spain to places of privation of liberty. 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 certainly may dedicate as indicated,three months per year to the Work of the Mandate. Even more time, if it were necessary , taking into account the exigences to participate in Human Rights Council sessions in Geneva and G.A. Assembly sessions in New Yorkand travelling on special procedure visits and engaging with a variey of Stakeholders.My University has specially reduced my teaching obligations to take into account my international activities for the protection of human rights. 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: spanish 6|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) MOTIVATION LETTER From the beginning of my professional life, forty years ago, have I obeyed to my vocation and personal compromise for working in defense and international protection of h.r., especially of the most vulnerable collectives and persons.I have got skills, knowledges and experience as a defensor of human rights from the civil society, as member and Chairman of Committe against torture of United Nations, as professor, researcher and academic professional, teaching in several Universities and other Institutions and as member of internal public institutions for the protection of h.r.All of them include activities and initiatives to protect women and children against any form of violence I have worked as member and President (1998-2002) of the Association for human rights of Spain. I was elected in 2001 as member of the Committee against torture of United Nations, and reelected for two periods more (2005-2013).I was also elected its Chairman for the period 2002-2004. I hav got practical experience in the universal system,atending International Conferences on H.R., presiding NGO delegations to the International Commission on H. R. of U.N. and mainly as member and Chairman of the CAT.Among my responsibilities in it, have been to act as the Head of the last two Inquiry Missions realized by the Committee: to Brazil and to Lebanon (718 April 2013).Besides I have been for more than 10 years Rapporteur on admission of new individual claims and on provisional measures on which I have helped the Committee to develop the doctrine of non refoulement. Recently, I have been invited by the Curatorium to the Summer session (2016) of the Hague Academy of international law for teaching a course on “The prohibition of torture in contemporary International Law”. As professor in Public International Law, since 1969 I have taught International Law of human rights in several Universities. I am Chair in Public International Law, since 1990, at University Carlos III, where I founded the Institute Francisco de Vitoria for International and European Studies (in 1994). I founded the Chair Concepcion Arenal to promote the teaching and investigation of “Rights of vulnerable persons” (1994). It published the Code on the international protection of children. Madrid, 1998 (in Spanish).One of my deepest concerns have been the protection of women H.R. including 7|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] trafficking as one of their gravest violation.Already in 1996 I edited the volume on The international protection of women rights after the Beijing Conference of 1995. In February 2011, I organized an international Seminar on the “Crime of Femicide” with the presence of Ms. R. Manjoo, Special rapporteur of the U.N. for the violence against women. A volume of the Seminar was published ("Feminicidio. El fin de la impunidad". Valencia 2013). As to the protection of irregular migrants and refugees, for 14 years I have been the Director of a University Postgraduate title related to the Protection of Refugees and irregular migrants.I have worked in narrow relationship with ACNUR and the spanish Commission for Refugees. Its activities have been also relevant for the fight against trafficking of persons and produced a seminal volume in Spain:" Un mundo sin desarraigo: el Derecho Internacional de las migraciones". (F. Mariño, Coord.)Madrid 2006 I have been elected in 2013 and for 4 years, as member of the National Mechanism for the Prevention of torture of Spain, established to implement the norms of the OPCAT. Y have already visited places of detention of minors, even foreigners. The international instruments adopted and the work already made by U.N. and its special rapporteurs since 2005 (Sigma Huda and Joy Ngozi Ezeilo) constitute the best testimony of the deep concern of the International Community for the eradication of trafficking of persons, especially women and children, and its associated forms of “modern enslavement”. Along the lines already traced by them I would be ready to add my modest efforts, should I be elected. 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] 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 Licenciate in Law 1963-1967 University of Barcelona Doctor in (Public International ) Law 1968-1970 University of Bologna (Italy) Diploma in Public(International) Law 1976 The Hague Academy on International Law Diploma of the Center for Studies and research 1980 The Hague Academy on Internatonal Law 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] 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 Elected as Member of the "National Mechanism for the Prevention of Torture of Spain" (established to implement the OPCAT) 2013-2017 Spain Chair in Public International Law at three spanis Universities 1982-2014 Universit y Carlos III Madrid (Spain). Since 1990 Member (since 1992) and President of the "Association for Human Rights of Spain" 1998-2002 Madrid (Spain) Member of the Committee agains torture od United Nations. Chairman of the CAT(2002-2004) 2001-2013 United Nations. Genêve 10 | 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] 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: 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] YES 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] 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. I am actually member of the Spanish National Mechanism for the Prevention of Torture. Should I be appointed as Mandate Holder, if necessary I would formally relinquish this positionwithout any truble. 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