East Timor Law and Justice Bulletin

FRENTE REVOLUCIONARIA DO TIMOR-LESTE INDEPENDENTE

FRETILIN

Media Release

Dili, November 10, 2009

FRETILIN calls for new law compelling public disclosure of politicians' pecuniary interests

FRETILIN MP Jose Teixeira today called on the Timor-Leste parliament to support his proposal for a new law compelling a public declaration of pecuniary interest by all government officeholders, including MPs.

His call reflects deep public concern at the enrichment of a small layer of Timorese society through spending decisions of the de facto government, while the great majority remain very poor. It comes in the wake of the government’s illegal decision to first release then allow the return to Indonesia of the former militia leader Maternus Bere, accused of crimes against humanity during the September 1999 violence at Suai.

Currently the President of the Republic, the Prime Minister, his deputies, Ministers and other members of government and the President of National Parliament are required to lodge a pecuniary declaration with the Court of Appeal, but these details are not made public, as
they are in many countries. MPs are not compelled to lodge such declarations of pecuniary interests. Only one politician has made a public declaration of his personal and pecuniary interests since the restoration of our independence on 20 May 2002, and that was FRETILIN’s President Francisco Guterres Luolo, when he was a candidate for President in 2007.

“Many people suspect that a number of politicians, including Ministers and MPs, have a conflict of interest, because they felt that their pecuniary interests in Indonesia may be put in jeopardy unless they were more accommodating on the Bere issue. This public suspicion of large bank accounts and apartments in Jakarta, Bali and Surabaya is not healthy for our young democracy. We have to bring this into the open, so that we can eliminate this possibility from the public
minds,” Mr Teixeira urged.

Bere’s release has been widely questioned in Indonesian civil society circles as well as in Timor-Leste. “Many are asking, what was the real impetus for Timor-Leste politicians to so eagerly accommodate those demanding the release of Bere and to even break the law to do it? We
simply do not accept that today’s Indonesia would react negatively against someone facing justice in Timor-Leste, that merely this would somehow threaten our national security, and that this could justify Bere’s release,” said Mr Teixeira.

“Public declarations of MPs pecuniary interests are a common practice in democracies. It is even more necessary in democracies in transition such as ours. I will introduce the necessary legislation to achieve this. I also think Timor-Leste must urgently negotiate an extradition treaty with Indonesia, so that our respective justice systems can have effective reach to bring those charged criminally to justice,” said Mr Teixeira.

For further information please contact Jose Teixeira MP on +670 728 7080

The Secretary of State for the Council of Ministers and Official Spokesperson for the Government of Timor-Leste Agio Pereira November 9, 2009 Dili, Timor-Leste Job Creation a Priority for the Xanana Gusmao Government in 2010 - Creating jobs and providing training is a central mission of the Government.

Since August 2007, the Secretariat of State for Vocational Training and Employment has led the establishment of successful training and employment programs which have achieved real results for thousands of people.

The ‘Intensive Labour Project’ alone has created employment for 65,241 people throughout the country.

This key project creates temporary jobs in the critically important task of maintaining and cleaning roads and gutters nationwide.

On top of this project, the ‘National Income Generation Program’ will start shortly and with the capacity to create up to 50,000 jobs. People employed by this four year project will work for 60 working days each on improving infrastructure in Timor-Leste.

As well as job creation, the Secretary of State for Vocational Training and Employment is also leading the way in providing training opportunities for the Timorese people.

This includes 175 Timorese receiving trade training in areas such as plumbing, electrical, construction and agriculture at the Tibar National Centre for Professional Training and Employment and 2,469 people having benefited from training in the 91 Government Registered Training Centres in all 13 districts.

Five Professional Training and Employment Centres are also being constructed in Dili, Baucau, Bobonaro, Oecusse and Ermera, with 5,800 young Timorese already registered to commence training; over 500 Professional Apprenticeships in businesses have been completed by young Timorese with 50 per cent being employed after the completion of their training program.

Employment and training are also provided overseas with over 400 Timorese approved to work in South Korea; over 100 have had been trained in Indonesia.

Linking businesses to job seekers has been done through the new Labour Market Information System. It links 890 employers with around 20,000 registered workers.

Official Spokesman Ágio Pereira said “While the Government has achieved great success in this critical area, it continues determined to work hard work to ensure that more jobs are created. Fighting unemployment is a long term battle and only with strong economic development, education and training and infrastructure projects, the Government actively address this complex national challenge.”

ENDS For More Information Please Contact: Agio Pereira +670 723 0011 E-mail: agiopereira@cdm.gov.tl

Image added by ETLJB. Artwork by Arte Moris

Dili, Tempo Semanál The land law consultation process which is being conducted by the Minister of Justice (MJ) has not found much good attention from the population because district communities (which include local leaders) have not been a significant presence in the consultations.

This shows the MJ’s consultation mechanism has not responded to the population’s demands and shown part of the MJ’s weaknesses in the consultation process.

As the Rede Ba Rai district monitoring program has stated, there have been many consultations in which local leaders and suku and aldeia chiefs have not participated.

Rede Ba Rai has accompanied this process in many districts
and participated in public debate, stating, “We see that the consultation process needs time to fix part of its mechanism to enable greater participation from civil society and the broader population, but also so they are able to participate
in actively writing their critical points and their analysis about their law; us speaking about land
will spread to people’s cultural lives and rights,” the Executive Director of Haburas Foundation,
Deometrio do Amaral, recently said in Farol.

He also stated consideration is needed for all people to contribute to future property laws, in which unrepresented all people take an interest. Rede Ba Rai has identified many such cases, “We think that according to the Minister of Justice’s declaration that [consultation will continue]
until November, we do not think [this will continue] until then, but time should be given to
civil society and the specific organizations that are following the consultation process until written submissions can improve before this project ends,” said Mr Amaral.

He continued to say that a national consultation mechanism or local techniques should prepare locals to participate, and to heed a point hinted at by Rede Ba Rai that Ministry personnel or experts who come to the districts may rush through their evaluation because they want to return to Dili. Because of this, Amarak suggested district-level preparation so locals are better equipped to understand the rationale of laws and for the consultation process to look for words which are appropriate to explain the law in local contexts, in the name of improving public participation.

“We’ve managed to identify important points about many things, but in the definition of groups
which are perfect regarding land rights, these groups may have perfect rights for land, but they’ve not declared that for traditional community housing law organisers and social organizations, and thus we see this law’s definition is somewhat [ambivalent].

In a district consultation area, consultation monitor Ines Martins related that in the time they’ve accompanied the consultation process, her and her colleagues identified that female participation is not high because there was not ample time or conditions for less socially powerful people to access and understand knowledge about the issue.Rede Ba Rai has recently protested that it’s better to give information before the month that consultations will begin, but—to this journalist’s knowledge—the Minister of Justice has not given this consideration. Because of this, people who wish to inquire about this project cannot do so in depth, and are also hindered by the complicated
terminology of the draft legislation and its briefing material.

Suku chiefs’ participation has also been minimal: for example, there is only one chief in Natarbora sub-district (Manatuto), so how can information be distributed to the entire community if local leaders do not hold significant presence? “Our issues and demands are that we see that civil society command the Minister of Justice to elaborate to the public upon the consultation process’s timeframe,” Martins said.

Rede Ba Rai asked the Minister of Justice to maintain and prolong the consultation ntil November because the Ministry’s resources alone are not enough to create seminars in
all districts in which all representatives can participate especially for those who are vulnerable
to miscommunication such as poor families and those without stable family environments; determining exactly who has land rights is important for people to know about their general rights.

Rede Ba Rai member Shona Hawkes stated Suku chiefs will encourage the Minister of Justice to work together with other ministers and young men and women from the media to organise maximum and quality consultation capacity.

Similarly, Lariano Soares from Natarbora questioned the mechanism which the Minister of Justice uses in the consultation process.

According to Soares’ words, the Minister isn’t consulting with local leaders to reach a mutual decision in the given timeframe. “The Minister and her experts never come to the districts and
never send public servants to rural areas to inform about the consultation’s timeframes; they only guess to determine the timeframe – when people don’t participate in the consultation process, who’s done wrong?” (omi)

See also Comment on the Draft Land Law

Government is a coward as it has released Bere: Alkatiri Timor Newsline 5 November 2009 Following the return of the ex-militia commander, Maternus Bere to Indonesia last Friday (30/10), Fretilin Secretary General Mari Alkatiri has criticized the Government as coward by releasing Bere whom was the court indicted for engaging in massacre at Suai Church.

Bere’s return to Indonesia has no relation with land dispute in the border: Gusmao Radio Televisaun Timor Leste 5 November 2009 Prime Minister Xanana Gusmão said the Timorese Government through its Foreign Ministry would cooperate with the Indonesian Government to resolve the case of security post destruction by the TNI soldiers recently.

Fretilin-PUN: Govt has not respected justice Diario Nacional 5 November 2009 Fretilin Secretary General, Mari Alkatiri and President for the National Unity Party (PUN), Fernanda Borges said the return of the ex-militia commander, Maternus Bere by the Government showed that the Government had not respected the justice process in the country.

Indonesian ambassador phones justice minister about Bere’s return Radio Televisaun Timor Leste 5 November 2009 During a press conference, Minister for Justice, Lucia Lobato said she only got a phone call from Indonesian ambassador to Timor-Leste about returning the ex-militia commander, Maternus Bere to Indonesia and said the process of returning was unknown to her.

Parliament to ask responsibility over oil leak Timor Newsline 5 November 2009 Following the leak of oil in the Australian maritime zone, the Timorese Parliament will issue a letter of protest asking responsibility of the Company that is exploring gas and oil in the area, as it might be spreading into the Timor Sea.

I am scared if Reinado to take part in dialog: Pires Timor Post 5 November 2009 During a follow-trial to the attempted assassination to President Jose Ramos Horta on February 11 last year, a witness, Jose Eduardo said the accused Angelita Pires was scared if the slain former rebel leader, Alfredo Reinado Alves decided to participate in the dialog with the Government. Pires therefore impeded Reinado not to take part in the dialog.

Government presents referendum package to the parliament Diario Nacional 5 November 2009 The Parliamentary Majority Alliance (AMP) Government has presented the list of referendum package project worth US $ 80 million to the Parliament.

Ex- Falintil members in F-FDTL want to retire Diario Nacional 5 November 2009 Timorese Defense Force (F-FDTL) Commander, Brigadier General Taur Matan Ruak said many of the Falintil [veterans of guerilla fighter who were currently working F-FDTL] want to retire as they were being older.

Men should not violate women Suara Timor Loro Sae 5 November 2009 Prime Minister Xanana Gusmao has called for all the Timorese people, mainly the men, not to commit violence against women.

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HAMETIN DIREITU BA PROPRIEDADE IHA TIMOR-LESTE 9 Novembru 2009 - Direcção Nacional de Terras, Propriedades e Serviços Cadastrais (DNTPSC) hamutuk ho projetu Ita Nia Rai ne’ebe hetan suporta hosi USAID, hala’o lansamentu ba programa Foti Dadus kona-ba rai no na’in ba rai iha distritu Dili. Lansamentu ne’e hala’o iha edifisiu DNTPSC iha loron 29 Outubru 2009 no hala’o diretamente hosi Ministra da Justica, RDTL.

Objetivu hosi programa Foti Dadus kona-ba rai no na’in ba rai, atu hametin direitu Timoroan nian ba propriedade privadu ne’ebé sira iha.

Iha lansamentu ne’e, hala’o kedas ho atividade sukat rai iha edifisiu DNTPSC, hodi hatudu katak programa foti dadus iha Distritu Dili bele hahu. Entidades ne’ebe mak fo deklarasaun no asina deklarasaun ba rai edifisiu DNTPSC mak governu ne’ebe reprezenta hosi Diretor DNTPSC. Ida ne’e hatudu katak deklarante ba edifisiu DNTPSC mak Estado Timor Leste nian.

Diretor DNTPSC wainhira halo diskursu iha lansamentu ne’e hateten, “Programa foti dadus ida ne’e sei hala’o ho transparensia, gratuitu no sistematiku. Tan ne’e husu ba Timoroan hotu-hotu, liu-liu populasaun iha Distritu Dili atu bele kontribui ho pasifika iha programa ne’e. Husu mos ba lideransa lokál sira atu fo korrajen no tulun populasaun sira hodi partisipa no buka solusaun pasifika ba problema rai ne’ebe ita hasoru”.

Programa foti dadus iha distritu Dili sei hala’o hosi projetu Ita Nia Rai ne’ebe mak sai hanesan ekipa tekniku DNTPSC nian.

Ko’alia iha lansamentu ne’e, S. E Lucia Lobato, Ministra da Justica hateten, “Programa foti dadus kona-ba rai mak programa fundamentu ida atu nune’e governu bele iha baze de dadus kona-ba rai no na’in ba rai iha Timor-Leste. Halo deklarasaun la’os katak ema atu simu kedas titulu ba rai ida, maibe aban bainrua governu sei uza deklarasaun ne’e nu’udar baze atu fo sertifikadu ba rai privadu iha Timor-Leste, tuir Lei Rai ne’ebe sei mosu. Ministra da Justisa hatutan liu tan katak dadaun Ministeriu da Justisa halao hela konsulta publika ba Ante-Projeitu Lei Rai nian no hein katak bele hetan aprovasaun husi Parlamentu Nacional iha tinan oin mai. Tan ne’e husu ba sira ne’ebe hela iha Distritu Dili atu kolabora ho programa foti dadus ida ne’e, tanba benefisiariu hosi prosesu ida ne’e mak ita Timoroan rasik”.

Oras ne’e daudaun programa foti dadus hala’o hela iha Distritu Aileu, Baucau, Bobonaro, Liquisa, Manatuto, no Oecusse. Durante implementasaun Programa ne’e iha tinan 2008 to’o dadaun ne’e dadus hamutuk 5000 (rihun lima) rekoilha tiha ona. Maioria populasaun iha Distritu partisipa iha prosesu ne’e ho pasifika no la dun iha konflitu bo’ot ne’ebe mosu iha komunidade. Tuir planu programa foti dadus sei komesa iha Sub distritu Na’in Feto depois habelar ba Sub Distritu sira hotu iha Dili. Programa foti dadus sei komesa ho enkontru komunitarius ne’ebe sei hala’o iha kada Suco ou area kolesaun iha Sub Distritu Na’in Feto.

Partisipa iha lansamentu ne’e mak Ministra Justisa, Francisco Xavier do Amaral, Proklamador RDTL, Provedor Direitus Humanos, Administrador Distritu Dili, Membrus Guverno, Representantes husi Sociedade Sivil, reliziozas no autoridade Suco iha Distrito Dili.

Balide, Dili, Timor-Leste
Hodi hetan informasaun liu tan, bele kontatu:

Breanna Ridsdel TEL: +670 731 2407 Email: bridsdel@sprtl.tl
Jose Caetano Guterres TEL: +670 730 4325 Email: jcaetano@sprtl.tl