Blog: Daniel Saver
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September 9, 2013
Clinic and Partners Release Book Criticizing Chile for Failure to Meet International Obligations Towards Indigenous Peoples
Posted by Daniel Saver, JD '12, Skadden Fellow, Community Legal Services, East Palo Alto
Jointly with Stanford Law School, the Universidad Diego Portales, and the Universidad de Los Andes, the International Human Rights Clinic released a book today about the consultation rights of indigenous peoples in Chile. The book critiques the Chilean government’s failure to guarantee indigenous peoples’ right to free, prior, and informed consultation, an international legal obligation Chile agreed to when it ratified International Labor Organization Convention 169 in 2008. See below for the full press release in English, then in Spanish:
Chile Fails to Meet International Obligations Towards Indigenous Peoples, Human Rights Experts Find
Book by international team of human rights experts documents violations of indigenous peoples’ right to free, prior, and informed consultation
September 9, 2013, Santiago, Chile – Nearly five years after ratifying the International Labor Organization Convention 169 (“ILO 169”), Chile continues to violate indigenous peoples’ right to free, prior, and informed consultation, according to a book released today by human rights experts in the Consorcio Norte-Sur. The Consorcio is a partnership between Harvard Law School, Stanford Law School, the Universidad Diego Portales (Chile), and the Universidad de Los Andes (Colombia).
The Spanish-language book, titled “No Nos Toman en Cuenta” (“They Don’t Consider Us”), provides the most comprehensive review of the consultation rights of Chile’s indigenous people to date. The book examines several ways that the Chilean government has failed to guarantee indigenous peoples’ right to free, prior, and informed consultation, including the government’s failure to implement international norms within its domestic legal system. The book also features in-depth case studies that document specific rights violations caused by salmon farming projects in indigenous territory in the south of the country.
“Indigenous peoples’ right to free, prior, and informed consultation guaranteed by ILO 169 is intended to ensure that these historically marginalized groups are able to participate in a meaningful way in decisions that directly affect them,” said Jorge Contesse, former director of Universidad Diego Portales’ Human Rights Center, now a law professor at Rutgers School of Law-Newark. “The failure to implement this right not only violates Chile’s international legal obligations, but also perpetuates distrust between indigenous peoples and the Chilean government, fueling conflict between the two.”
The case of the salmon hatcheries studied in the book highlights this dynamic. Researchers found that often the only consultation-like procedures were conducted by private investors, who provided special benefits for select members of indigenous communities in return for their support. Community members told investigators that this impermissible abdication of the state’s obligation to consult created conflict and upset traditional leadership structures and decision-making processes.
June 13, 2012
Posted by Tyler Giannini and Susan Farbstein
After months of hard work, the International Human Rights Clinic filed today a supplemental brief of amici curiae professors of legal history with the U.S. Supreme Court in support of petitioners in Kiobel v. Royal Dutch Petroleum Co. We’ll post more about this tomorrow, after we’ve gotten a good night’s sleep.
For now, we wanted to say that this wouldn’t have been possible without the superlative work of our students (and now graduates), Poppy Alexander ’12, Yonina Alexander ’12, Russell Kornblith ’12, and Daniel Saver ’12. We’re so fortunate to be able to work with such talented individuals every day.
May 31, 2012
Posted by Cara Solomon
A little late but no less heartfelt, here is our huge congratulations to Daniel Saver, Poppy Alexander, and Yonina Alexander for the community service awards they won last week.
Daniel was a co-recipient of the Frank S. Righeimer, Jr. Prize for Student Citizenship. Established in memory of Frank S. Righeimer, Jr. ’32, the prize is awarded annually to a graduating student or students in recognition of exceptional citizenship.
Poppy and Yonina received the Dean’s Award for Community Leadership, given to graduates who have contributed time and energy to making the HLS community a better place through involvement in student organizations, community service groups, and individual efforts.
Daniel, Poppy, and Yonina have been fixtures at the Clinic since their 2L year–talented and tireless in the way they approach the fight for human rights. They’ve worked on more than a dozen clinical projects between them, from Alien Tort Statute litigation related to violations in Bolivia and Nigeria, to fact-finding in South Africa and along the Thai/Burma border, to efforts to support indigenous rights in Chile.
They’re also just a lot of fun to have around the office, which is good, because they were around the office A LOT. And they continue to be, even now that they have graduated; it’s all hands on deck for the latest amicus curiae brief in the Kiobel case, due to the Supreme Court in mid-June.
April 3, 2012
Posted by Cara Solomon
A big and belated thanks goes out to the 3Ls and 2L who showed up at the Clinical Fair last Wednesday to help us introduce the International Human Rights Clinic to prospective students. We were lucky enough to have a steady stream of 1Ls at our table, and our students engaged them all, offering insight into the clinical experience, and advice on how to get the most out of it.
A special thanks goes to Russell Kornblith, JD ’12, who kept up his enthusiasm through two straight hours of talking. We’re also grateful to Yonina Alexander, JD ’12, Christina Chinloy, JD ’12, Poppy Alexander, JD ’12, Daniel Saver, JD ’12, Clara Long, JD ’12, and James Tager, JD ’13.
We appreciate all you did that night, and all you continue to do to strengthen and improve the Clinic. Pics of yourselves (and two of our clinicians) below!
March 2, 2012
Posted by Yonina Alexander, JD ’12, and Daniel Saver, JD ‘12
Rumor had it that if we wanted much-coveted tickets to the oral argument in Kiobel v. Royal Dutch Petroleum Co., we would have to arrive at the U.S. Supreme Court very, very early. The gallery of the Court is fairly small, and there are only a limited number of seats available each day to the general public. After a few phone calls and some internet research, we decided 4:00 am would do the trick.
Then, at 10:00 pm the night before the argument, we heard from a friend that 20 people were already lined up outside the Court. After putting in countless hours working on the Legal Historians amicus curiae brief for the case this past fall, we were bound and determined to be inside the Court when the justices heard the case. Totally unprepared to spend the night outside, we decided to head over anyway.
Armed with a bag of fruit, little to protect us from the elements, but plenty of good energy to make up for it, we arrived at the steps of the Court at 11:30 pm. A couple dozen other law students, all of whom had contributed to the case in some capacity, greeted the four of us as we took our places in line—numbers 28 to 32. As the night wore on, others joined the line, and we huddled in the cold, sharing food, war stories, and predictions of what the morning would bring.
There was a sense of camaraderie in the group. We had never met most of these students, but we all shared a commitment to the issue at hand—corporate accountability for human rights violations. Sometime before dawn, a police officer referred to the gathering as “kind of like a rock concert—but for nerdy law students.”
At 7:30 am, the big moment arrived. Police officers handed us gold-colored tickets with numbers, and told us the first 40 would be admitted. We’d done it. We’d made it in.
We entered through the side door, exchanged our sweatshirts for suits in the bathrooms and, minutes before the oral argument began, walked into the grand chambers of the Court’s gallery.
It struck us at that moment—and often in the hours before—that we were among the lucky. As students at Harvard Law School, we had the opportunity to fly to Washington, D.C. and wait all night to witness this historic argument. For many others who deeply cared about the case, that was not an option.
Inside the Courtroom, we sat flanked by stone-colored colonnades and heavy, red curtains, listening to the argument unfold. It was tense for all of us, trying to divine where the justices stood on the issues. Then, in an exchange with the Defendants’ counsel, Justice Stephen Breyer read out a line from our brief. To hear those words echo through the chambers of the United States Supreme Court was a once-in-a-lifetime experience. We feel so fortunate to have worked with the rest of the team from the International Human Rights Clinic on a case with this much at stake.
Yonina Alexander, JD ’12, and Daniel Saver, JD ’12, have been members of the Clinic for the past four semesters.
February 28, 2012
Posted by Cara Solomon
Just got word from Daniel Saver, JD ’12: everyone on the clinical team made it into the U.S. Supreme Court for oral argument on Kiobel. Given all the buzz around this case, there were real questions as to whether that would happen. Susan, Tyler, and Marissa Vahlsing, JD ’11, already had tickets. But it took several hours of waiting for Daniel, Yonina Alexander, JD ’12, Poppy Alexander, JD ’12, and Russell Kornblith, JD ’12, to get theirs.
According to an email from Daniel, the group settled into line last night around 11:30pm. Minutes later, by chance, they ran into Meghan Morris, JD ’08, whom Daniel described in the email—with exclamation points, of course—as an HRP legend. Nobody slept last night, he said—they were huddled together for warmth.
Stay tuned for more Kiobel updates.
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