PROMOTING U.S. CANDIDATE FOR OAS HUMAN RIGHTS

UNCLAS SECTION 01 OF 05 STATE 028833 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PHUM PGOV PREL OAS XM CA IAHRC SUBJECT: PROMOTING U.S. CANDIDATE FOR OAS HUMAN RIGHTS COMMISSION ¶1. (SBU) This is an action message (see paras 7-8). ¶2. (SBU) Summary: The United States has nominated Dinah L. Shelton for a seat on the Inter-American Commission on Human Rights (IACHR). Shelton is a professor of international law at The George Washington University Law School and an expert on human rights law. She will stand for election to the IACHR by secret ballot at the Organization of American States (OAS) General Assembly in San Pedro Sula, Honduras on June 1-3. Posts are requested to approach foreign ministries and other appropriate contacts to seek host government support for Profesor Shelton's candidacy, drawing on points in paragraph 9. Posts may also provide copies of Shelton's curriculum vitae, as excerpted in paragraph 11. End summary. ¶3. (U) Background: The IACHR is an autonomous organ of the OAS that advances the promotion and protection of human rights throughout the Americas. Given our strong and historic support of the IACHR, it is a priority that the United States maintain strong representation on the Commission. The IACHR is composed of seven Commissioners who serve four-year terms, with the possibility of re-election to one additional term. Commissioners are nominated by governments and elected by the OAS General Assembly, but serve in their personal capacity representing all OAS Member States. A U.S. nominee has served on the Commission since its inception in 1959, with the exception of one term (2003-2006). The current U.S. member of the IACHR, Paolo Carozza of the University of Notre Dame Law School, has opted not to seek re-election this year. ¶4. (SBU) This is a contested election. There are three IACHR vacancies this year and four eligible candidates. The OAS General Assembly will elect Commissioners by secret ballot June 1-3 in San Pedro Sula, Honduras. Only one incumbent, Victor Abramovich of Argentina, is seeking reelection. Mexico has nominated former Federal Electoral Tribunal judge Jose de Jesus Orozco Henriquez, and Colombia has nominated former Constitutional Court judge Rodrigo Escobar Gil. There would have been five eligible candidates, but Saint Kitts and Nevis announced its candidate, Dr. Henry Browne, after the deadline for submissions. ¶5. (SBU) The U.S. nominee - Professor Shelton - is highly-respected in the area of human rights and international law, has written extensively on human rights matters, and is the first female the United States has nominated to the IACHR. It is critical that the United States Government persuade fellow OAS member states to elect a U.S. nominee to the IACHR. Professor Shelton's service on the IACHR will demonstrate U.S. commitment to the Western Hemisphere's primary human rights body and the inter-American system as a whole. Having a U.S. nominee on the IACHR also ensures that the Western Hemisphere's diversity of legal tradition is represented on the IACHR. Additionally, U.S. nominees on the IACHR traditionally offer solid human rights experience and a voice of reason and balance to a body composed of Commissioners with widely varying levels of experience. ¶6. (U) Professor Shelton has extensive knowledge of Latin America and the Caribbean and expertise in both the inter-American human rights system and the operation of domestic and international adjudicatory processes. Dr. Shelton's role in effective case management - acquired through managerial experience at the Ninth Circuit - will be a tremendous asset to the Commission in managing its own overburdened docket. Dr. Shelton has also been instrumental in raising the profile of the inter-American human rights system within English-speaking OAS Member States, having written the first English casebook about the system. Her language skills in the four official OAS languages (English, Spanish, French, and Portuguese),including particular fluency in French, will also be crucial to her effectiveness as a Commissioner. ¶7. (U) Action Request: Posts are requested to approach foreign ministries, preferably their legal advisers as well as officials dealing with multilateral organizations and human rights issues to seek host government support for Shelton's candidacy. Posts may also leave copies of her curriculum vitae, excerpted in paragraph 11. Posts may also draw upon points in paragraph 9, and if desired, leave them as a nonpaper along with Shelton's CV. A Spanish translation of these points will be e-mailed to political counselors, along with the full version of the CV. STATE 00028833 002 OF 005 ¶8. (U) Action Request, continued: For posts in countries that have also nominated eligible candidates (Argentina, Colombia, and Mexico): You may inform host governments that the United States is carefully studying the qualifications of their nominees and would be pleased to discuss our respective candidates in more detail through our missions to the OAS in Washington. ¶9. (U) Points to support Shelton's candidacy: -- The Inter-American Commission on Human Rights is established under the Charter of the Organization of American States "to promote the observance and protection of human rights and to serve as a consultative organ of the Organization on these matters." -- The strength of the Commission lies in the expertise and diversity of its members, representing the many distinct legal, linguistic, and cultural traditions that make up the Organization of American States. -- In light of the continuing importance the United States places on the Commission, we are pleased to support Dinah L. Shelton, professor of international law at The George Washington University, to stand for election to the IACHR at the OAS General Assembly in June. Professor Shelton is well known in international legal circles, with over 30 years of experience in multiple areas of international law and practice, including human rights. She has numerous publications to her credit and is the United States' first female nominee to the IACHR. If elected, Professor Shelton would also be the only Commissioner with a common law background. -- Professor Shelton joined the Law School faculty at The George Washington University in 2004. Before her appointment, she was professor of international law and director of the doctoral program in international human rights law at the University of Notre Dame Law School from 1996-2004. She previously taught at Santa Clara University and was a visiting lecturer at the University of California - Davis, Stanford University, University of California - Berkeley, the University of Paris, and the Universite Robert Schumann, Strasbourg, France. -- Professor Shelton is the author or editor of three prize-winning books: "Protecting Human Rights in the Americas" (winner of the 1982 Inter-American Bar Association Book Prize and co-authored with Thomas Buergenthal),a book that has been updated on 3 occasions since that time; "Remedies in International Human Rights Law" (awarded the 2000 Certificate of Merit, American Society of International Law); and the three volume "Encyclopedia of Genocide and Crimes against Humanity" (awarded a "Best Research" book award by the New York Public Library). -- She has authored numerous articles and books on international law, human rights law, and international environmental law. She is a member of the board of editors of the American Journal of International Law and is a counselor to the American Society of International Law. -- Professor Shelton serves on the boards of many human rights and environmental organizations and was designated an "honorary European" to join the European Council on Environmental Law. In 2006, she was awarded the prestigious Elizabeth Haub Prize in Environmental Law. -- From 1987 to 1989, Professor Shelton served as the director of the Office of Staff Attorneys at the U.S. Court of Appeals for the Ninth Circuit. In this context, Dr. Shelton's unique experience with case management would be a tremendous asset to the Commission in managing its own overburdened docket. -- In addition, Professor Shelton has served as a legal consultant to the OAS, as well as the United Nations Environment Programme, United Nations Institute for Training and Research, World Health Organization, European Union, and Council of Europe. -- We believe her experience in common law would help achieve a balance among legal traditions represented on the Commission, complementing the civil law background of most Commissioners. -- We hope you will carefully consider supporting this U.S. expert in advance of the OAS General Assembly with your vote. In addition, we hope that you share our view that the Commission should increasingly include equal gender representation. Please let us know if we can answer any questions or provide any additional information about our candidate. STATE 00028833 003 OF 005 ¶10. (SBU) Shelton's excerpted curriculum vitae follows. A full version of this CV will be e-mailed, in English and Spanish, to political counselors. Please provide this full copy to your foreign ministry interlocutors and any other relevant contacts. Please relay responses to this demarche by e-mail to WHA/USOAS Andrew Stevenson (StevensonAD@state.gov). We greatly appreciate your assistance. ¶11. (U) Begin text of excerpted curriculum vitae. DINAH L. SHELTON EMPLOYMENT George Washington University Law School Manatt/Ahn Professor of International Law (current) Research Professor, Aug. 2004 to present; Visiting Professor of Law, Jan. 2004 University of Notre Dame Law School Professor of Law (1996-2004) Director of JSD Program in International Human Rights Law; Recipient of Reinhold Niebuhr Award for Social Justice, 2001 Universite de Paris IX, Malakoff Professor Associe (Spring 2000) Santa Clara University School of Law Professor of Law (1975-1996) Stanford Law School and University of California, Berkeley Lecturer (1993-1994) University of San Diego School of Law Visiting Professor (Fall 1994) Universite Robert Schumann, Strasbourg Professor Associe (1991-1992) United States Court of Appeals for the Ninth Circuit Director, Office of Staff Attorneys (1987-1989) Supervising attorney for 37 staff lawyers and 13 assistants. Legal advisor, drafting opinions, motions, and bench memoranda. International Institute of Human Rights Professor of International and Comparative Human Rights Law (1980-2004); Director of Studies (1982) CLEO Institute, Hastings College of Law (1974-1978) Professor, California Civil Procedure Syracuse University School of Law Visiting Professor, Law and Education (1975) University of California - Davis, School of Law Visiting Lecturer (1975) Kent, Bradley, Burns, Kaplan & Williams Associate, San Francisco, CA (1973-1975) University of California, Boalt School of Law Staff Attorney, Childhood and Government Project (1973-1975) International Institute of Human Rights Associate (1970-1972) EDUCATION J.D. (1970) Boalt School of Law, University of California - Berkeley B.A. (1967) University of California - Berkeley University of Edinburgh, Scotland, 1965-66 Institute Bourguiba des Langues Vivants, Tunis, 1964 BAR MEMBERSHIPS California, 1970; U.S. District Court (N.D. CA) 1974; U.S. Court of Appeals for the Ninth Circuit, 1988 PROFESSIONAL ACTIVITIES AND ASSOCIATIONS American Bar Association, Committee on Reform of the UN Commission on Human Rights (2004) American Journal of International Law, Board of Editors, elected 2003 Director, ACUNS Summer Workshop in International Law and STATE 00028833 004 OF 005 International Relations, 2002, 2003 Participant, Managing Global Issues Project, Carnegie Endowment for International Peace, 1998-2000 International Law Consultant: WHO, UNEP, FAO, UNITAR, Inter-American Commission on Human Rights, Regional Environmental Center (Budapest),Rockefeller Foundation (various: 1997-2004) Counselor, Alumni Association of the Hague Academy of International Law, 1997-2000 American Society of International Law Counselor, 2003-present; Project Director, Compliance with Non-Binding Legal Norms 1996- 2000; Human Rights Planning Committee, 1998; Butcher Medal Committee, 1996, 1997; Co-author, Jessup International Moot Court Competition, 1997; Planning Committee, European Joint Meeting, 1995; Executive Council, 1980-1983; Author, Jessup International Moot Court Competition, 1986; Nominating Committee, 1987. Judge, International Court of Environmental Arbitration and Conciliation, elected 1997 Environmental Law Commission, IUCN: World Conservation Union Chair, Sub-committee on Human Rights and the Environment; Rapporteur, International Covenant on Environment and Development; Adviser to the Hungarian Ministry of the Environment; IUCN Representative, Antarctic Treaty Consultative Meeting (Lima) Literature Editor, YBIEL, 1993 - 1998. Reporter on human rights and the environment, 1997-present Executive/Advisory Councils (partial listing): Auditoria Democratica Andina, (Ecuador); Committee of Patrons, Redress International (London); Centro de Derechos Humanos et Media Ambiente (Argentina); International Institute of Human Rights (Strasbourg); Environnement sans frontire (Paris); Fondation Marangopoulos pour les droits de l'homme (Athens, Greece); Procedural Aspects of International Law Institute, (USA.); Center for Civil and Human Rights, Notre Dame University Editorial Advisory Board, International Environmental Law Reports Fellow, Kroc Institute for International Peace Studies, Kellogg Institute for International Research, Nanovic Institute; Advisory Board, Notre Dame Press Societe franais de droit international (French Society of International Law),elected 1997 International Law Section, American Association of Law Schools Nominating Committee, 1984; Council, 1986; Vice-President, 1987; President, 1989; Law and the Arts Section, American Association of Law Schools: Program Co-Chair, 1988; Human Rights Section, AALS, Steering Committee 2003 Consultant, European Community, and the Council of Europe: authored studies on racial discrimination in the EC, treatment of the mentally ill in Western Europe AMPART, U.S.I.S., 1991 (Africa); 1992 (Tunisia, East Africa); 1994 (Israel) 2001, 2002-03 (Ecuador) Congressional Testimony: - United States, United Nations Reform (1993) and Religious Liberty (1982); - Canadian Senate Human Rights Committee, ratification of American Convention on Human Rights (2002). SELECTED PUBLICATIONS Books: ¶D. Shelton, Regional Protection of Human Rights (OUP, 2008). ¶D. Shelton and A. Kiss, Guide to International Environmental Law (Brill Publishers, 2007). ¶R. Lillich, H. Hannum, J. Anaya, D. Shelton, International Human Rights: Problems of Law, Policy and Practice (Aspen Publishers, 2006). ¶D. Shelton and A. Kiss, Judges Manual of International STATE 00028833 005 OF 005 Environmental Law (UNEP, 2005). ¶D. Shelton (ed. in chief),Encyclopedia of Genocide and Crimes against Humanity (3 vols., Macmillan Reference, 2004). ¶D. Shelton, A. Kiss and K. Ishibashi, eds., Economic Globalization and Compliance with International Environmental Agreements (Kluwer, 2003). ¶T. Buergenthal, D. Shelton and D. Stewart, International Human Rights in a Nutshell (West Publishers, 3rd ed. 2002). ¶D. Shelton, ed., International Crimes, Peace and Human Rights (Transnational Press, 2000). ¶D. Shelton, ed., Commitment and Compliance: The Role of Non-Binding Norms in the International Legal System (Oxford University Press, 2000). Nominated for 2001 book prize of the American Society of International Law. ¶D. Shelton, Remedies in International Human Rights Law (Oxford University Press, 1999, 2nd ed. 2005). Certificate of Merit, American Society of International Law, 2000. ¶D. Shelton and A. Kiss, The Future of International Environmental Law (United Nations Training and Research Institute, 1999, 2nd ed. 2006). ¶T. Buergenthal and D. Shelton, Protecting Human Rights in the Americas: Cases and Problems, (Engel Verlag, 4th rev. ed. 1996.) Book Prize, Inter-American Bar Association, 1982. ¶D. Shelton and A. Kiss, International Environmental Law (Transnational Press, 1991, supp. 1994; 2nd edition 2000, 3rd edition 2004). ¶D. Shelton and S. Frankowski, eds., Preventive Detention: A Comparative And International Law Perspective (Nijhoff, Dordrecht, 1992). ¶T. Buergenthal, R. Norris and D. Shelton, La Proteccion De Los Derechos Humanos en las Americas (Inter-American Institute of Human Rights 1984). ¶T. Buergenthal and D. Shelton, Protecting Human Rights in the Americas: Cases and Problems, (Engel Verlag, 1982). End text of excerpted curriculum vitae. CLINTON