Bolton’s role in diplomat’s ouster questioned
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Bolton: Bustani’s Iraq work ‘inappropriate’
After U.N. arms inspectors had withdrawn from Iraq in 1998 in a dispute with the Baghdad government, Bustani stepped up his initiative, seeking to bring Iraq — and other Arab states — into the chemical weapons treaty.
Bustani’s inspectors would have found nothing, because Iraq’s chemical weapons were destroyed in the early 1990s. That would have undercut the U.S. rationale for war because the Bush administration by early 2002 was claiming, without hard evidence, that Baghdad still had such an arms program.
In a March 2002 “white paper,” Bolton’s office said Bustani was seeking an “inappropriate role” in Iraq, and the matter should be left to the U.N. Security Council — where Washington has a veto.
Bolton said in a 2003 AP interview that Iraq was “completely irrelevant” to Bustani’s responsibilities. Earle and Bohlen disagree. Enlisting new treaty members was part of the OPCW chief’s job, they said, although they thought he should have consulted with Washington.
Former Bustani aide Bob Rigg, a New Zealander, sees a clear U.S. motivation: “Why did they not want OPCW involved in Iraq? They felt they couldn’t rely on OPCW to come up with the findings the U.S. wanted.”
Tensions lead to ‘menacing’ call, ouster
Bustani and his aides believe friction with Washington over OPCW inspections of U.S. chemical-industry sites also contributed to the showdown, which went on for months.
In June 2001, Bolton “telephoned me to try to interfere, in a menacing tone, in decisions that are the exclusive responsibility of the director-general,” Bustani wrote in 2002 in a Brazilian academic journal.
He elaborated in an interview with the French newspaper Le Monde in mid-2002, saying Bolton “tried to order me around,” and sought to have some U.S. inspection results overlooked and certain Americans hired to OPCW positions. The agency head said he refused.
Bustani, now in a sensitive position as Brazil’s London ambassador, indicated to the AP through an intermediary that he would have no additional comment.
Pursuing ‘the other way’
The United States went public with the campaign in March 2002, moving to terminate Bustani’s tenure. On the eve of an OPCW Executive Council meeting to consider the U.S. no-confidence motion, Bolton met Bustani in The Hague to seek his resignation, U.S. and OPCW officials said.
When Bustani refused, “Bolton said something like, ‘Now we’ll do it the other way,’ and walked out,” Rigg recounted.
In the Executive Council, the Americans failed to win majority support among the 41 nations. A month later, on April 21, at U.S. insistence, an unprecedented special session of the full treaty conference was called.
Addressing the delegates, Bustani said the conference must decide whether genuine multilateralism “will be replaced by unilateralism in a multilateral disguise.”
Only 113 nations were represented, 15 without voting rights because their dues were far in arrears. The U.S. delegation had suggested it would withhold U.S. dues — 22 percent of the budget — if Bustani stayed in office, stirring fears of an OPCW collapse.
This time the Americans, with British help, got the required two-thirds vote of those present and voting. But that amounted to only 48 in favor of removing Bustani — and seven opposed and 43 abstaining — in an organization then with 145 member states.
Tribunal rules dismissal ‘unlawful’
Bustani appealed the decision to the Administrative Tribunal of the International Labor Organization in Geneva, a judicial body to which agencies in the U.N. family submit personnel cases. The OPCW, meanwhile, named a new director-general, Rogelio Pfirter of Argentina.
In a stern rebuke issued in July 2003, the three-member U.N. tribunal said the U.S. allegations were “extremely vague” and the dismissal “unlawful.” It said international civil servants must not be made “vulnerable to pressures and to political change.”
Noting that Bustani did not seek reinstatement, it awarded him unpaid salary and 50,000 euros, or $61,500, in damages. He said he would donate the damages to an OPCW technical aid fund for poorer countries.
Reimann, the former OPCW conference chairman, says he looks back with sadness at what was done.
“I think there’s no doubt Bustani wanted to serve the organization, to get wider membership and all these things,” the Swiss diplomat said. “He was fighting very bravely to make it work.”
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