TOBY DANIEL MENDEL 39 Chartwell Lane Halifax, N.S, B3M 3S7 Canada Tel: +1 902 431-3686 Fax: +1 902 431-3689 E-mail: toblil@hfx.eastlink.ca Citizenship: Canadian/British EDUCATION Doctorate of Law, Cambridge University, Cambridge, United Kingdom (1994-present) Areas of Specialisation: Public International Law, Refugee Law, Humanitarian Law, Human Rights, Use of Force, State Responsibility, Jurisprudence Thesis: “From Co-ordination to Co-operation: International Law and the Refugee Regime” Certificate of Postgraduate Legal Studies, Cambridge University, Cambridge (19941995), earned but awarded only in the event of failure to complete the Ph.D. Degree Areas of Specialisation: Public International Law, Refugee Law, Human Rights, State Responsibility, Law of International Organisations Bachelor of Law, Dalhousie University, Halifax, Nova Scotia (1989-1992) Areas of Specialisation: International Human Rights, Property, Constitutional Law, Immigration Bachelor of Arts, Honours Mathematics, McGill University, Montreal, Quebec (19801984) Toby Mendel Page 2 AWARDS AND SCHOLARSHIPS Social Sciences and Humanities Research Council of Canada Doctoral Fellowship. Canadian Government Fellowship to pursue a Ph.D. (1994-1997) W.M. Tapp Studentship. Full scholarship to pursue a Ph.D. in law at Gonville and Caius College, Cambridge (1994-1997) Smith, Lyons Essay Prize. Award winning essay (1992) Nova Scotia Barristers' Society Prize. Highest overall standing in third year (1991-1992) Borden & Elliot Prize. Highest Standing in Constitutional Law (1991-1992) Blake, Cassels & Graydon Prize. Highest standing in the Law of Business Associations (1991-1992) Law Foundation of Nova Scotia Scholarship. Highest non- Law Foundation Scholarship standing (1990-1992) Human Rights Internship. Philippines Environment and Resource Management Project (1991) Carswell Prize. Highest overall standing in second year (1990-1991) Honourable Richard B. Hanson Prize. Highest standing in Constitutional Law (19901991) Honourable Alistair Fraser Scholarship. High overall standing (1989-1991) McGill MacCaskill Scholarship. High overall standing (1980-1983) McGill Entrance Award. High overall standing (1980) Mathematics Olympiad Contest. First Place in Nova Scotia (1979) Toby Mendel Page 3 EMPLOYMENT EXPERIENCE Law Programme Director, ARTICLE 19, London (1997-current) Responsibilities: managing the Law Programme at ARTICLE 19; pursuing international litigation, for example before the European Court of Human Rights and UN Human Rights Committee; assisting governments and NGOs draft media and freedom of information laws; running the Media Law Analysis Unit, a centre of excellence for media law analysis and reference; assisting lawyers who are bringing human rights cases before national courts in countries around the world; drafting - and providing legal analysis and commentary - for country and thematic reports on freedom of expression and media law; promoting high international human rights standards, for example through the UN, the Council of Europe and publications; developing and delivering training sessions and seminars on various freedom of expression issues. Senior Consultant, Oxfam-Canada, Ottawa, Ontario (1994-1996) Responsibilities: providing expert advice on democratisation and local governance; developing a local governance training programme for Southern Africa; running programme development consultative meetings and workshops; drafting programme proposal, Democratization and Civil Society in Southern Africa. Human Rights Policy Analyst, Policy Branch, Canadian International Development Agency (CIDA), Hull, Quebec (1992-1994) Responsibilities: drafting policy on human rights, democratisation and good governance; developing and delivering related training courses for CIDA officers; developing and maintaining a body of information and reference material; representing CIDA at meetings and conferences; developing policy implementation strategies; liaising with human rights NGOs; lead Branch person on the UNHCR, ICRC and UN human rights bodies; advising on CIDA projects to promote human rights and democratisation; public promotion and advocacy of CIDA's policy in these areas. Legal Aid Worker, Dalhousie Legal Aid Service, Halifax, Nova Scotia (1992) Toby Mendel Page Responsibilities: representing clients before administrative tribunals and at court proceedings; community outreach work; research. 4 Toby Mendel Page 5 EMPLOYMENT EXPERIENCE CONTINUED Tutor, Indigenous Blacks and Micmacs Programme, Faculty of Law, Dalhousie University, Halifax, Nova Scotia (1990-1992) Responsibilities included teaching property law to a group of students and teaching a variety of subjects on an individual basis. Human Rights Internship, Funded by the Philippines Environment and Resource Management Project, Dalhousie University, Halifax, Nova Scotia, hosted by the Legal Assistance Center for Indigenous Filipinos, Manila (1991) Responsibilities included researching and writing on the legal problems of indigenous peoples in the Philippines (including land tenure, environmental issues and human rights abuses) and advising indigenous peoples of their legal rights. Research Assistant, For Mary Ellen Turpel, Faculty of Law, Dalhousie University, Halifax, Nova Scotia (1991) Responsibilities included reorganising the “International Human Rights” course outline and designing a new course casebook. Labourer Teacher, C.P. Rail, Vancouver, British Columbia, under the auspices of Frontier College, Toronto, Ontario (1989-1990) Responsibilities: working as a labourer on a remote, mobile rail gang in British Columbia, Alberta and Saskatchewan; serving as an educational resource for the rail workers during the evenings (teaching English as a second language, doing literacy work, providing access to further education and organising recreational activities). Department Head (Mathematics), Zimbabwe Ministry of Education, Gutu, Zimbabwe, under the auspices of the World University Service of Canada, Ottawa, Ontario (19851988) Responsibilities: heading the mathematics department at a remote Government Secondary School in Nerupiri, Gutu, Zimbabwe (the school had 1000 students and no electricity or running water) with responsibility for department organisation and proper implementation of the syllabus; teaching (mathematics and geography) to upper-level classes; supervising the five other teachers in my department; participating in extra-curricular activities (drama, sports, grounds improvement). Toby Mendel Page 6 PUBLICATIONS “Restrictions on Political Expression” in European Audiovisual Observatory, Political Debate and the Role of the Media (2004, Strasbourg, European Audiovisual Observatory) “Legislation on Freedom of Information: Trends and Standards” PREM Note No. 93 (October 2004, Washington, World Bank) “International Norms Relating to Freedom of Expression and Contempt of Court” (2004) 14 Law and Society Trust Review 15 Freedom of Information: A Comparative Legal Survey (2003, New Delhi, UNESCO) “Article 19: What it is and Why it is Important” (2003) 3 Media Law and Resource Centre Bulletin 157 “National Security vs. Openness: An Overview and Status Report on the Johannesburg Principles” in Campbell Public Affairs Institute, National Security and Open Government: Striking the Right Balance (2003, Syracuse, Campbell Public Affairs Institute) Report on Media Law Reform in Mongolia (2003, Ulan Bator, Mongolian Foundation for an Open Society) “Freedom of Information: An Internationally Protected Right” (2003) 1 Comparative Media Law Journal 39 “Freedom of information legislation: progress, concerns and standards” in Transparency International, Global Corruption Report 2003 (2003, London, Profile Books Ltd.) False News Provisions: The Mark Chavunduka and Ray Choto case in Zimbabwe (2000, London, ARTICLE 19) Secrets, Spies and Whistleblowers: Freedom of Expression and National Security in the United Kingdom (2000, London, ARTICLE 19 and Liberty) “Freedom of Information as an Internationally Protected Human Right” in American Civil Liberties Union International Civil Liberties Report (2000, Los Angeles, ACLU) Public Service Broadcasting: A Comparative Legal Survey (2000, Kuala Lumpur, UNESCO and the Asia-Pacific Institute for Broadcasting Development) Defining Defamation: Principles on Freedom of Expression and Protection of Reputation (lead drafter) (2000, London, ARTICLE 19) Toby Mendel Page 7 “The Right of the Public to Know and Freedom of Entertainment: Information Seen From the Consumer’s Angle” in Report on Privacy and Freedom of Expression (2000, Strasbourg, Council of Europe) Obscenity Laws and Freedom of Expression: A Southern African Perspective (member of drafting team) (2000, London, ARTICLE 19) “Laws and Norms Governing the Press” in The Media and the Government: In Search of Solutions (1999, Jakarta, UNESCO) The Public’s Right to Know: Principles on Freedom of Information Legislation (1999, London, ARTICLE 19) Submission to the UK Government on the Freedom of Information Bill (1999, London, ARTICLE 19) Kid’s Talk: Freedom of Expression and the UN Convention on the Rights of the Child (member of drafting team) (1999, London, ARTICLE 19) “Journalist Confidentiality”, in Pollecutt, L., ed., Protection of Media Sources in South Africa (1998, Johannesburg, ARTICLE 19 and Freedom of Expression Institute) “Guiding Principles for Access to Information Laws” (1998) 3(3) Southern African Media Law Briefing 9 “Freedom of Expression and Investigative Journalism” in New Perspectives on Combating Corruption (1998, Washington, Transparency International and the World Bank) “Freedom of Information: Guiding Principles for Access to Information Laws” (1998) 3(3) Southern Africa Media Law Briefing 9 Walls of Silence: Media and Censorship in Syria (member of drafting team) (1998, London, ARTICLE 19) Response to the United Kingdom Government White Paper on Freedom of Information (1998, London, ARTICLE 19) Oasis Under Surveillance: Media and Censorship in Tunisia (member of drafting team) (1998, London, ARTICLE 19) “International Law and Jurisprudence on Press Freedom” in Lucas, R., ed., Press and Media Freedom in Jordan (1998, Amman, Jordan, Sindbad Publishing House) “Protection of Journalists Confidentiality” (1997) 2(2) Southern African Media Law Briefing 3 Blaming the Press: Jordan’s Democratization Process in Crisis (member of drafting team) (1997, London, ARTICLE 19) Toby Mendel Page 8 Romania: An Analysis of Media Law and Practice (member of drafting team) (1997, London, ARTICLE 19) “Refugee Law in Tanzania” (1997) 9 International Journal of Refugee Law 35 “Responsibility of the State of Origin”, working paper, Cambridge University, 1995 “Refugees Revisited: International Law and Massive Involuntary Migration”, Certificate of Postgraduate Study/Ph.D. Registration Paper, Cambridge University, 1995 Human Rights, Democratization and Good Governance: A CIDA Policy Statement (member of drafting team) (1994, Ottawa, Canadian International Development Agency) Rights, Democratization, Governance and Development: An Issues Paper for CIDA’s Policy Committee (member of drafting team) (1993, Ottawa, Canadian International Development Agency) “Problems With the International Definition of a Refugee and a Solution” (1992) 1 Dalhousie Journal of Legal Studies 7 “Time for the United Nations Security Council to Restructure?” (1992) 1 Dalhousie Journal of Legal Studies 161 Toby Mendel Page 9 PAPERS and PRESENTATIONS “Problems with Defamation Law”, presented at International Seminar on Promoting Freedom of Expression With the Three Specialised International Mandates, ARTICLE 19, London, 2000 “Legal Aspects of Public Service Broadcasting: Guaranteeing Independence and Accountability”, presented at Seminar on Legal, Financial and Administrative Aspects of Public Service Broadcasting, UNESCO, Asia-Pacific Institute for Broadcasting Development and the Sri Lanka Rupavahini Broadcasting Corporation, Colombo, 2000 “Freedom of Expression and Media Regulation”, presented at International Workshop on Media Regulation, Alliance of Independent Journalists and ARTICLE 19, Jakarta, 2000 “Comparative Legal Approaches to National Security”, presented at International Seminar on Media Freedom, National Security and Election Reporting, Centre for Policy Alternatives and ARTICLE 19, Colombo, 2000 “Legal Aspects of the Right to Freedom of Information”, presented at Seminar on Freedom of Information, British Council and ARTICLE 19, Oxford, 2000 “Legal Restrictions on the Press”, presented at Regional Conference on the Media in the Middle East, International Press Institute and International Freedom of Exchange Network, Amman, 2000 “Defamation Law: Trends and Developments”, presented at International Colloquium on Freedom of Expression and Defamation, Centre for Policy Alternatives, Commonwealth Press Union and ARTICLE 19, Colombo, 1999 “Criminal Content Restrictions”, presented at Conference on Media and the Judiciary, Commonwealth Judges and Magistrates Association and ARTICLE 19, Nairobi, 1999 “Developing a New Press Law”, presented at Seminar on the Media and the Government: In Search of Solutions, UNESCO and the Indonesian Ministry of Information, Jakarta, 1999 “International Law Perspectives on the Challenge Facing the Nigerian Media”, presented at Media Laws Reform Workshop, Media Rights Agenda, Nigerian Human Rights Commission and ARTICLE 19, Lagos, 1999 “Defamation and Insult Laws and Public Officials”, presented at Freedom of Expression and the European Court of Human Rights, Kaliningrad State University and ARTICLE 19, Kaliningrad, 1998 Toby Mendel Page 10 “The Role of the Government in Promoting Minority Rights through the Media”, presented at The Role of the Media in Protecting Minorities, International Service for Human Rights and Minority Rights Group, Geneva, 1998 “National Security and Freedom of Expression”, presented at Legal Aspects of Freedom of Expression, Belarus Association of Journalists and ARTICLE 19, Minsk, 1997 “International Law and the Jordanian Press Law Amendments”, presented at Press and Media Freedom in Jordan, Al-Urdun Al-Jadid Research Center, ARTICLE 19 and Arab Institute for the Media, Amman, 1997 “The Belarus Press Law in Comparative Context”, presented at Media in Belarus: Toward a Legal Basis – the Rights and Obligations of Journalists, Council of Europe and World Association of Newspapers, Minsk, 1997 “Guidelines for Election Broadcasts in Transitional Democracies”, presented at the Media Regulation and Practice Seminar, Council of Europe and ARTICLE 19, Tirana, 1997 “International Law from Co-ordination to Co-operation”, presented at the International Seminar, Humanitarian Emergencies: Government and Non-Governmental Relations, Refugee Studies Program, Oxford University, 1996 “Analytical Model for Planning Programming Interventions”, prepared for the CIDA Human Rights Programming Training Course, 1993-4 “CIDA Policy on Human Rights and Democratization”, presented at the Department of Foreign Affairs/CIDA Human Rights Course, Ottawa, 1992-4 “Racism in International Development”, presented at the Youth Taking Action for Global Change Conference, Port Hope, 1993 “Political Aspects of Sustainable Development”, presented at the Sustainable Development Course, CIDA, Ottawa, 1992-3 Toby Mendel Page 11 POSITIONS/ACTIVITIES Board Member: Derechos (Human Rights Organisation), USA (1998-present) Member: Gonville and Caius College Middle Common Room Committee (1995-1996) Trainer: Cambridge Undergraduate Law Mooting Team (1994-1995) President: Catalpa Cooperative Housing Association (1993-1994) Member: Philippines Environment and Resource Management Project Fellowship Selection Committee (1991-1992) Contributor: Weldon Times, Law Students' Newspaper (1990-1992) Co-ordinator/Member: Halifax-Dartmouth Coalition Against Apartheid and Metro Coalition for a Non-Racist Society (1989-1992) Coordinator: Publicity Committee of the African Students Society (1989-1991) Member: Lawyers for Social Responsibility, Halifax Chapter (1989-1991) Director: Nerupiri Drama Society for the Masvingo Province Drama Festival (1987-1988) Fund Raiser: Canadian funding for an alternative tractor/water pump for Nerupiri Government Secondary School (1987) Coordinator: Nerupiri Grounds Improvement Committee (1986-1988) Coach: Nerupiri Marathon and Volleyball Teams (1986-1988) Undergraduate Representative: McGill Board of Governors (1983-1984) Co-ordinator: McGill Anti-Apartheid Committee (1982-1984) Contributor: McGill Daily student newspaper (1980-1984) Travel: extensively including: Africa; Costa Rica; Eastern Europe; Egypt; Israel; Peru; the Philippines; Sri Lanka; Turkey; and Western Europe (1980-1996) Toby Mendel Page LANGUAGES English, French (very good), Spanish (functional with reading and writing skills), German (basic) MEMBERSHIPS American Society of International Law International Law Association (ILA), British Branch British Representative, Internally Displaced Persons Committee of the ILA REFERENCES Available upon request. 12