The death of Sergio Vieira de Mello in the despicable and brutal bombing of the United Nations headquarters in Baghdad is certainly a serious blow to all what the UN stood for and stands for. This appears to be yet another facet of terrorism in its worst form.

The exemplary manner in which Sergio carried out his UN mandate to reconstruct devastated countries like Kosovo and East Timor and earlier with the UN High Commissioner's office for Refugees put him at very high esteem in the international community.

Though not very long as high commissioner for human rights, he again began to make a mark in his vision for international promotion and protection of human rights.

Though there was some uneasiness in certain quarters over his appointment to Baghdad on four months leave from the office of the High Commissioner for Human Rights, there was no doubt that his past experiences in the reconstruction of war-torn nations made him the right man for the job.

Stickler for principles

I first met the late Sergio in Dili, Timor Leste, in 2001 (photo), when I was on a mission there at his invitation. He was then the UN Transitional Administrator in East Timor.

In the letter of invitation to me he said, inter alia, in response to some concerns I had expressed over draft regulations affecting East Timor's Justice System:

"I very much appreciate your concern and interest. The establishment of a functioning, independent judiciary has been a central preoccupation of the Transitional Administration from its very inception and, as you rightly put it, a difficult and intricate task.

"The challenges have been numerous, ranging from the destruction of court infrastructure and early limitations in resources to the lack of experienced lawyers and public impatience with the nascent system. You will appreciate, no doubt, that demand remains high for the rule of law to be entrenched and justice served. At the same time the judiciary here is still learning its craft."

He was a stickler for principles and procedure and accountability from public officers. In another communication, I had expressed concern over a senior public prosecutor seen having dinner in a public place in Dili with a man whom he, the prosecutor, had earlier that morning charged in court for a serious crime.

Sergio called for an investigation and in a communication to me expressed, inter alia,:

"Having considered this report since my return from leave, I intend to impose the recommended sanctions against the staff involved as a matter of priority. Concretely, the OIOS (Office of Internal Oversight Services) Report will be placed in the personnel files of those concerned.

"I also intend to alert the Transitional Judicial Services Commission of the findings of the OIOS, and ask it to take the necessary action to remind the East Timorese prosecutor concerned of the seriousness of the issue, and of his oath of office as per Regulation 1999/03."

Since then, we were in communication and the last I met him was in April this year during the 59th session of the High Commission on Human Rights in Geneva.

In the course of our conversation, he expressed some of his thoughts for international human rights protection. He felt that there cannot be a sound human rights regime without a just rule of law and for a just rule of law to flourish, an independent and impartial judiciary was essential and vital.

Legacy must continue

Now he is no longer with us. However his legacy must continue.

Those who worked with him closely in recent months would know his vision for international human rights, humanitarian and refugee protection.

Terrorism in all its forms must be countered and dealt with severely for international peace and security. But counter terrorism measures must accord with international law.

The bombing of the UN headquarters yesterday is the act of those who have no regard and respect for the rule of law. They are the enemies of the rule of law.

In seeking out the perpetrators and bringing them to justice, the international community should not be seen violating the principles of the rule of law.

Otherwise we would be seen as no better than the terrorists. That is what the late Sergio stood for and that is how he would want us to remember him.


PARAM CUMARASWAMY is former UN special rapporteur on the independence of judges and lawyers.