From Dr A. Borg Olivier
The article on the front page of The Malta Independent on Sunday of 7 September parrots information published earlier in a New York news outlet called Inner City Press. It contains inaccurate information and conclusions based on such information.
In my view, the following clarifications are necessary:
1. I have completed a most successful and rewarding professional career of 35 years with the United Nations (UN) on reaching the mandatory age for retirement. This coincided with fundamental changes in Kosovo following the Declaration of Independence in February and the entry into force of the Constitution of the Republic of Kosovo on 15 June.
This in effect removed all administrative authority and powers from the UN interim administration in which I served for over seven-and-a-half years as chief legal adviser. These same powers are now exercised by the authorities of the new State of Kosovo.
2. During the past seven-and-a-half years, I have been intimately connected with all constitutional developments and institution building efforts in Kosovo. It is only natural that a new independent State will have a critical need for professional expertise of this nature in its formative years in the area of capacity building and to enhance its integration into the international community of nations and inter-governmental organisations. The vast experience I have gained in Kosovo and the institutional memory I have developed about all aspects of the legal, legislative and administrative framework that is the basis for governance in Kosovo are widely respected and appreciated. In all probability, this is why I have been engaged to provide advice and assistance to the Prime Minister and Government of Kosovo. I feel privileged and honoured to be in this new position in Kosovo as an independent expert.
3. I have accepted this engagement at the request of the government after the effective date of my retirement on 30 June. Until late on that date I worked faithfully and exclusively for the UN and UNMIK;
4. I receive compensation for providing expert advice to the government with funds provided by the European Commission through a capacity building project for European integration. No UN budget or other UN funds are involved.
5. My functions are mainly in the domain of international relations, enhancing prospects for membership and other forms of association in international organisations and treaty arrangements, facilitating Kosovo’s participation as a full and effective actor in the international arena. There is absolutely no conflict of interest in my area of work and if ever there were such a conflict I would certainly not hesitate to refrain from involving myself from the activity/activities concerned.
6. I have never bragged publicly about Kosovo’s independence while serving as an official of the UN in Kosovo. I have never received any warnings in this regard. Following the publication of an article about my work in Kosovo in The Times of Malta earlier this year, I did explain to my superiors the context in which the article (not an interview) was published. Comparisons were drawn (by the author not by me) between my father’s work for Malta’s independence and my involvement in nation building work which contributed to Kosovo’s achievement of independence. I did dare to opine that Kosovo’s independence was imminent and inevitable. Facts have confirmed this.
7. My engagement on a short-term contract as an adviser to the Kosovo government was done openly and with full transparency. The UN was informed and even found time to remind me of post employment obligations of which I was perfectly well aware.
8. There is no rule that prevents me from engaging in bona fide activities after separation from the UN.
9. I am not receiving any UN funds as remuneration for my services as adviser so my UN pension entitlements are not affected; there exists no legal requirements in UN rules that impose restrictions on post retirement earnings that are not UN funds.
10. As to post employment obligations, I do recognise that I must respect confidentiality of all documents and materials that came into my possession or knowledge through my UN employment.
11. I have not been directly engaged in UN procurement. As UN chief legal adviser, I have acted as a principal guardian and enforcer of all procurement rules and procedures. The UN rule quoted in the article in The Malta Independent on Sunday regarding post UN employment has absolutely no relevance in my case.
The article in The Malta Independent on Sunday uses accusatory and defamatory wording in my regard and contains tendentious inferences and conclusions that are unwarranted and factually wrong. Like anybody else, my actions and behaviour are open to scrutiny; however, the least I expected was that, before publication of unfounded allegations in my regard, you would give me the opportunity to give you my version of the facts, the true facts.
Alexander Borg Olivier
PRISTINA
KOSOVO