UN in East Timor lambasted over controversial appointment
Updated
In East Timor, the United Nations is on the defensive after being lambasted by their own top lawyer in New York for hiring a disgraced former defence minister Roque Rodrigues as a presidential security advisor.
Presenter: Stephanie March
Speaker: Allison Cooper from the UN Mission in East Timor; Head of the UN mission in East Timor Atul Khare.
MARCH: The 2006 crisis in East Timor left 37 people dead and forced 100,000 to flee their homes, many of whom are still homeless. A UN commission of inquiry report about the crisis recommended then-defence minister Roque Rodrigues for prosecution over illegal weapons distribution.
Like the majority of senior leaders named for prosecution in the Commission of Inquiry report, charges have never been filed against him.
But while East Timor awaits justice, the United Nations Development Program has hired Roque Rodrigues as a presidential security advisor.
The move has sparked concerns from both the US and Australian embassies in East Timor, and in a confidential memo to UN assistant secretary general Edmund Mulet, assistant secretary general for legal affairs Larry D Johnson wrote that the decision to hire Roque Rodrigues is "unfortunate and potentially damaging."
In the memo, Johnson wrote: "The decision to appoint Rodrigues has, in our view, placed the organization in an awkward position and is potentially damaging to its creditability and image".
MARCH: Johnson wrote that the move could undermine the UN's ability to press for accountability in the future.
Head of the UN mission in East Timor, Atul Khare, has always spoken strongly the need for accountability in East Timor, a country that is renown for its culture of impunity.
Last month he told ABC radio:
KHARE: "I am one person who believes completely in transparency and accountability, because without transparency and accountability, mark my words… you cannot have a functioning multi-party democracy,"
But sources close to the UN say Rodrigues' appointment by UNDP was made at the request of East Timor's President, Jose Ramos-Horta.
MARCH: The International Crisis Group say the move raises questions about the commitment of East Timor's leaders to hold people accountable for crimes and uphold the rule of law.
They say it sends the message that there is one law for the powerful, and another for the poor.
Despite the possible damage done by Rodriques' appointment, UNMIT spokesperson Allison Cooper says they must respect the presumption of innocence in all cases.
COOPER: The support UNDP has given to the contracting of Roque Rodrigues to work in the president's office doesn't mean Mr Rodrigues should evade accountability. It just simply means, like all accused persons he has rights, and at this particular stage we are defending that as the principal that he has the right to a presumption of innocence and that means not having a contract of employment terminated.
MARCH: But in the memo Larry Johnson wrote: "it is quite unlikely that the matter will ever be determined by the local courts".
MARCH: He wrote that the question of Rodrigues' guilt or innocence is not the concern, but: "rather the policy issue as to whether the United Nations should have recruited someone reasonably suspected by the Commission of Inquiry of having committed a series crime".
MARCH: Johnson advises UNMIT to try to negotiate a mutual and amicable solution to end Roque Rodrigues contract, but that the UN should be prepared to offer to pay out the remaining 8 months of Roque Rodrigues contract.
Allison Cooper says the opinions expressed in the memo are only draft legal opinions, and they are still waiting for New York to decide if he should be sacked.
She says the appointment doesn't change the fact that the UN stands by the findings of the commission of inquiry report.
COOPER: we hope that everyone named in the COI report will face justice.
