ALRI helping build a just Indonesia

ALRI helping build a just Indonesia

By Marcus Einfeld

SYDNEY, Australia (JP): On July 25 this newspaper published an
article by Bob Burton, editor of the Mining Monitor published in
Australia by the Mineral Policy Institute under the heading
"Small donation for big payoff?"

The principal target of its criticisms was Rio Tinto Ltd
(Rio), but in the process the article delivered a most unfair
broadside against Australian Legal Resources International
(ALRI), a non-government non-profit corporation of Australian
Judges and lawyers which provides without charge a range of
services in legal, parliamentary and judicial reform to
developing countries and transitional democracies.

With the assistance of the Australian Government's aid agency
AUSAID, the World Bank, the Commonwealth Secretariat, other
governments and aid agencies, and many individual and corporate
donors including Rio, ALRI has been carrying out projects of this
kind for nearly 10 years. This includes the donation of large
numbers of computers, furniture and other practical needs of
courts, and tens of thousands of law books.

Under agreements with the Indonesian government, we have been
operating in Indonesia since 1999.

Burton's article raises important issues concerning the
relationship between multinational corporations and non-
governmental organizations (NGOs). They are matters to which ALRI
has always given the most serious consideration.

We agree that the barriers of propriety and honesty could be
transgressed in a given case just as they could in other
situations of potential conflict. But Burton is wrong to suggest
that there has been any transgression in this instance, not least
because we have gone to great pains to ensure that result.

In fact Burton's research for the article ignored important
recent international developments designed to deal with the
problems that this relatively new phenomenon has thrown up. Our
association with Rio and our other corporate supporters, like
similar relationships between other NGOs and the private sector
in Australia and around the world, came about because governments
everywhere have increasingly been pulling out of long established
funding arrangements for social and other beneficial projects
both at home and abroad.

As a consequence, NGOs and the often very needy people and
societies benefiting from their work have had nowhere else to
turn but to the private sector for support.

To meet this development worldwide, the Secretary-General of
the United Nations, Kofi Annan, speaking at last year's Economic
Summit at Davos, Switzerland, proposed what he called a Global
Compact between NGOs, multinational corporations and the UN.
Designed to establish a commitment by the business community to
work towards the implementation of international norms in human
rights, environment and labor, this Compact was signed in New
York just last week.

Since the activities of business and civil society do not
traditionally coincide, and because history has shown a need to
share more widely the concept that the human dignity which
underlies international human rights standards must be the
priority for all human activity, this Compact is of historic
importance.

ALRI's relationship with Rio, which gives us the opportunity
to advance this concept within one of the world's largest mining
corporations, preceded the Global Compact, but is a product of
the thinking which energized it.

Far from being compromised by the association, we are proud of
the opportunity it has given us to be among the leaders of this
international development. We are appreciative of the fact that
Rio has agreed to assist us to achieve our goals and invite our
participation in the development of its policies on human and
social justice problems which some of its commercial activities
cause. We are striving to make a significant contribution to
their resolution.

The article was also based on false and inaccurate statements.
First. The statement that money made available by Rio for some of
ALRI's programs enables Rio to gain access to and have influence
over Indonesia's legal development and influential personnel, was
completely untrue. The exceptional repute of ALRI's work and the
integrity of its patrons and Board members are our hallmarks.
They are not for sale for any price to anyone.

Second. Contrary to the article, no one in ALRI has
"acknowledged that legal staff from Rio may be seconded to work
with ALRI on the Indonesian law reform project", even in a minor
role. Under our agreement ALRI certainly has the right to seek
staff assistance from Rio.

Possible areas include travel, publications and computer
technology. But one thing an organization of lawyers does not
lack is lawyers. We have never asked Rio for the help of its
lawyers and have no intention of doing so.

Third. The article suggested that ALRI's relationship with
Rio raises questions of conflict of interest. This proposition
is imaginary and fictional. When our former chief executive went
to work for Rio, we correctly anticipated that his position would
be made permanent in due course.

He is an able professional, Rio headhunted him, it was a
promotion for him, and he went with our blessing. From the
moment he left us, he worked for Rio, not ALRI. He has not tried,
and he would not have thought to attempt, to influence ALRI in
one single respect since he left. The suggestion that his change
of employment has sinister implications and blurs the respective
roles of ALRI and Rio is mischievous and untrue.

Burton's article clearly attributed to Rio the intent of
infiltrating ALRI with the purpose of influencing, for selfish or
nefarious purposes, our efforts to this end. I do not speak for
Rio. For ALRI, I give this unequivocal assurance. In the
knowledge that such an approach or attitude by any supporter
would be completely unacceptable to ALRI, Rio has never
endeavored, in even the slightest degree, to do so.

The government and people of Indonesia know that we have
accepted their invitation to work with them because we want to
make a contribution to their heroic efforts to build a stable
decent society based on democratic values and human dignity.

They may rest assured that ALRI will continue to carry out its
trusteeship role according to the highest ethical standards. We
are well qualified to do so. We call upon the Mineral Policy
Institute and its constituents to join us in our efforts and
endeavors to assist the development in Indonesia of a fair,
honest and open society governed by justice and the rule of law.

Marcus Einfeld AO QC is a justice and President of the
Australian Legal Resources International based in Sydney
(www.alri.org.au.).