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