ALRI helping build a just Indonesia<\/p>\n
By Marcus Einfeld<\/p>\n
SYDNEY, Australia (JP): On July 25 this newspaper published an
\narticle by Bob Burton, editor of the Mining Monitor published in
\nAustralia by the Mineral Policy Institute under the heading
\n\"Small donation for big payoff?\"<\/p>\n
The principal target of its criticisms was Rio Tinto Ltd
\n(Rio), but in the process the article delivered a most unfair
\nbroadside against Australian Legal Resources International
\n(ALRI), a non-government non-profit corporation of Australian
\nJudges and lawyers which provides without charge a range of
\nservices in legal, parliamentary and judicial reform to
\ndeveloping countries and transitional democracies.<\/p>\n
With the assistance of the Australian Government's aid agency
\nAUSAID, the World Bank, the Commonwealth Secretariat, other
\ngovernments and aid agencies, and many individual and corporate
\ndonors including Rio, ALRI has been carrying out projects of this
\nkind for nearly 10 years. This includes the donation of large
\nnumbers of computers, furniture and other practical needs of
\ncourts, and tens of thousands of law books.<\/p>\n
Under agreements with the Indonesian government, we have been
\noperating in Indonesia since 1999.<\/p>\n
Burton's article raises important issues concerning the
\nrelationship between multinational corporations and non-
\ngovernmental organizations (NGOs). They are matters to which ALRI
\nhas always given the most serious consideration.<\/p>\n
We agree that the barriers of propriety and honesty could be
\ntransgressed in a given case just as they could in other
\nsituations of potential conflict. But Burton is wrong to suggest
\nthat there has been any transgression in this instance, not least
\nbecause we have gone to great pains to ensure that result.<\/p>\n
In fact Burton's research for the article ignored important
\nrecent international developments designed to deal with the
\nproblems that this relatively new phenomenon has thrown up. Our
\nassociation with Rio and our other corporate supporters, like
\nsimilar relationships between other NGOs and the private sector
\nin Australia and around the world, came about because governments
\neverywhere have increasingly been pulling out of long established
\nfunding arrangements for social and other beneficial projects
\nboth at home and abroad.<\/p>\n
As a consequence, NGOs and the often very needy people and
\nsocieties benefiting from their work have had nowhere else to
\nturn but to the private sector for support.<\/p>\n
To meet this development worldwide, the Secretary-General of
\nthe United Nations, Kofi Annan, speaking at last year's Economic
\nSummit at Davos, Switzerland, proposed what he called a Global
\nCompact between NGOs, multinational corporations and the UN.
\nDesigned to establish a commitment by the business community to
\nwork towards the implementation of international norms in human
\nrights, environment and labor, this Compact was signed in New
\nYork just last week.<\/p>\n
Since the activities of business and civil society do not
\ntraditionally coincide, and because history has shown a need to
\nshare more widely the concept that the human dignity which
\nunderlies international human rights standards must be the
\npriority for all human activity, this Compact is of historic
\nimportance.<\/p>\n
ALRI's relationship with Rio, which gives us the opportunity
\nto advance this concept within one of the world's largest mining
\ncorporations, preceded the Global Compact, but is a product of
\nthe thinking which energized it.<\/p>\n
Far from being compromised by the association, we are proud of
\nthe opportunity it has given us to be among the leaders of this
\ninternational development. We are appreciative of the fact that
\nRio has agreed to assist us to achieve our goals and invite our
\nparticipation in the development of its policies on human and
\nsocial justice problems which some of its commercial activities
\ncause. We are striving to make a significant contribution to
\ntheir resolution.<\/p>\n
The article was also based on false and inaccurate statements.
\nFirst. The statement that money made available by Rio for some of
\nALRI's programs enables Rio to gain access to and have influence
\nover Indonesia's legal development and influential personnel, was
\ncompletely untrue. The exceptional repute of ALRI's work and the
\nintegrity of its patrons and Board members are our hallmarks.
\nThey are not for sale for any price to anyone.<\/p>\n
Second. Contrary to the article, no one in ALRI has
\n\"acknowledged that legal staff from Rio may be seconded to work
\nwith ALRI on the Indonesian law reform project\", even in a minor
\nrole. Under our agreement ALRI certainly has the right to seek
\nstaff assistance from Rio.<\/p>\n
Possible areas include travel, publications and computer
\ntechnology. But one thing an organization of lawyers does not
\nlack is lawyers. We have never asked Rio for the help of its
\nlawyers and have no intention of doing so.<\/p>\n
Third. The article suggested that ALRI's relationship with
\nRio raises questions of conflict of interest. This proposition
\nis imaginary and fictional. When our former chief executive went
\nto work for Rio, we correctly anticipated that his position would
\nbe made permanent in due course.<\/p>\n
He is an able professional, Rio headhunted him, it was a
\npromotion for him, and he went with our blessing. From the
\nmoment he left us, he worked for Rio, not ALRI. He has not tried,
\nand he would not have thought to attempt, to influence ALRI in
\none single respect since he left. The suggestion that his change
\nof employment has sinister implications and blurs the respective
\nroles of ALRI and Rio is mischievous and untrue.<\/p>\n
Burton's article clearly attributed to Rio the intent of
\ninfiltrating ALRI with the purpose of influencing, for selfish or
\nnefarious purposes, our efforts to this end. I do not speak for
\nRio. For ALRI, I give this unequivocal assurance. In the
\nknowledge that such an approach or attitude by any supporter
\nwould be completely unacceptable to ALRI, Rio has never
\nendeavored, in even the slightest degree, to do so.<\/p>\n
The government and people of Indonesia know that we have
\naccepted their invitation to work with them because we want to
\nmake a contribution to their heroic efforts to build a stable
\ndecent society based on democratic values and human dignity.<\/p>\n
They may rest assured that ALRI will continue to carry out its
\ntrusteeship role according to the highest ethical standards. We
\nare well qualified to do so. We call upon the Mineral Policy
\nInstitute and its constituents to join us in our efforts and
\nendeavors to assist the development in Indonesia of a fair,
\nhonest and open society governed by justice and the rule of law.<\/p>\n
Marcus Einfeld AO QC is a justice and President of the
\nAustralian Legal Resources International based in Sydney
\n(www.alri.org.au.).<\/p>",
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"sponsor": "Okusi Associates",
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