East Timor Law and Justice Bulletin

UNMIT Daily Media Review 31 July 2008

MAFF Minister denies allegations of giving hand tractors to PD members
- Suara Timor Lorosae

The Minister of Agriculture Mariano Asanami Sabino has denied claims he had given hand tractors to PD members in Oequese. Mr Sabino said: “These allegations are false. There are lots of hand tractor being delivered to Oequese and the process of receiving the tractors is not determined by me. However, Fretilin MP Arsenio Bano confirmed that he had received information from Oequese that the hand tractors had in fact been provided to the PD members.

Xanana: we are ready for development- Suara Timor Lorosae

The Prime Minister has expressed his gratitude to all MPs who approved the $700 million funds in the new budget for national development: 36 MPs voted in favour, 21 MPs against and four MPs abstained. PM promises not to use fund if declared unconstitutional-Diario Nacional In relation to the petition submitted to the Court of Appeals by Fretilin, KOTA and PPT against the plans to use the Economic Stabilisation Fund, the Prime Minister has said that he would not use the fund if the Courts deemed it an unconstitutional act.

Fretilin promises no more instability in Timor Leste- Diario Nacional

The former Minister of Agriculture Estanislau Aleixo da Silva yesterday said he did not believe the country would face instability as it had in 2006 as the people responsible for the former instability were now in government. “Some of them are Ministers and State Secretaries. Others are Deputy MPs. So, I do believe that there will not be any instability in the near future,” said Mr Estanislau.

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UNMIT Daily Media Review 30 July 2008

Media contribution needed for peace in Timor-Leste

Timor Post Representatives of media agenices in Timor-Leste and UNMIT held a press conference at Hotel Turismo on Tuesday (29/7) to raise awareness of the celebration of the 60th anniversary of Declaration of Human Rights on 21 September, the Interntional Day of Peace. At the press conference, UNMIT’s National Spokesperson Hipolito Gama said, “On the 21 of September this year we will celebrate the 60th anniversary of the Human Rights Declaration. The Media can play an important role in the peace campaign. The role of media is as an ambassador for peace.”

The Director of Radio Timor-Leste Rosario Martins, Timor-Leste Media Development Center (TLMDC) Director Francisco Dagary, Timor Post Editor-in-Chief Mouzinho Lopes and Director of Dili Weekly and Jornal Labarik also made their statements on peace. Mr. Rosario Martins said that RTL has tried to accurately reflect the law and to promote peace and national unity by providing balanced information. “To strengthen tolerance and peace in Timor-Leste, the journalists should be encouraged to cover and disseminate balanced and accurate information,” said Mr Martins.

Furthermore, the Editor-in-Chief Mouzinho Lopes said that his newspaper has a program of peace campaign called, stop violence, live in peace, which started in March. Meanwhile, Director of TLMDC Francisco da Silva said that his organization has provided peace journalism training to journalists in Timor-Leste to contribute and create peace in Timor-Leste.

South Korea to employ 2000 workers from Timor Leste- Timor Post

The State Secretary of Professional Development and Employment Bendito Freitas confirmed yesterday that that South Korea has made an agreement with Timor-Leste to send 2000 workers to Korea. According to Mr Freitas, the Government will recruit these workers and provide them with language training and basic knowledge on the culture of South Korea Mr Freitas also confirmed that in the next 15 months, teachers from South Korea will be arriving in Timor-Leste to provide the language training.

Military police HQ to be built soon- Timor Post

Secretary State of Defence Julio Tomas Pinto has confirmed that the headquarters for the military police will be built in an ex building of Dili regent (ex Kantor kabupaten). He added that office would be constructed soon in order to control illegal migration and unruly F-FDTL members.

PGR should be responsible for Alfredo’s documents – Diario Nacional

The President of the Social Democratic Party Mario Viegas Carrascalão said that the Prosecutor General should responsible for information obtained from Alfredo Reinado’s laptop and mobile which has since been lost. “These things should be saved as they evidence for the 11 February attack,” said Mr. Carrascalão. PGR Longuinhos Monteiro rejected that Alfredo’s documents were lost to Australia. “Such things are not lost. They are with the Australian Federal Police for investigation,” said PGR Monteiro on Monday (28/7) in Dili.

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http://www.tl.undp.org/undp/Newsletter/june1.pdf

UNDP News Quarterly Volume IIJune 2008

Voter Registration Campaign Continues

As the Constitution of Timor-Leste states, the voter registration process is mandatory prior to each election. The process aims to update and maintain the voter list and provide the opportunity for new voters to register. The registration period has been ongoing since February 2008 and the process is organized and implemented by The Technical Secretariat for Electoral Administration (STAE), with the support of UNDP Electoral Project, in the 65 sub districts countrywide. The main objective of the process is to update the voter data for all the eligible persons, replace voter cards used in previous elections and allow new voters to apply for a voter card.

According to the STAE electoral calendar, the voter registration campaign will continue through the end of July 2008. In additional STAE is analyzing the possibility of extending this period in order to give more time for the population to register.

The overall difference between updated male and female voters is 6.2 % (approximately 865 voters). Ermera district has the biggest difference of 37% (approximately 11418 voters) and Lautém reports the smallest of 0.2% (approximately 31 voters).

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From http://www.tl.undp.org/undp/Newsletter/june1.pdf

UNDP News Quarterly
Volume II
June 2008

Capacity Building For The Provedoria

In a country where entrenching a culture of the rule of law and observance of human rights remains a key pillar of peace---and nation- --building, the establishment of an Ombudsman could not have come at a more ideal time. The Provedoria for Human Rights and Justice (PDHJ) is seeking to advance the human rights agenda in Timor-Leste.

With monitoring and advocacy being among the key functions of the Provedoria, the body has embarked on a process of re-structuring so as to undertake these tasks more systematically. Inevitably, this is a big challenge for the small team of Timorese staff members based at the Human Rights Monitoring and Advocacy Department of the PDHJ.

However, as part of a UNDP/OHCHR project on Capacity Building of the the Provedoria, the four-member team is now being supported by Alison Ryan, a UNDP specialist seconded to the PDHJ.

The first thing she noticed when she joined the group in February 2008 was that they were all very dedicated. “The team was extremely committed with a great deal of understanding about the main human rights problems in the country,” says Alison. “They also had a clear vision of the type of advocacy they want to be engaged in and the target of their message.”

Seeing her role as essentially a supportive one, Alison was keen to impart skills tailored specifically to each individual. The bottom line in her approach was initiating a process aiming at facilitating the staff in developing their own work systems and perspectives.While I can bring in a different perspective or provide suggestions, the overall aim is for the staff to make informed decisions and take the necessary follow up actions,” she says adding that it is not her role to “dictate what should be done or try to impose my ideas.”

Through direct observation of the staff in action, Alison who is fluent in both Tetum and Bahasa Indonesia is able to support them in their work. “I have accompanied the staff during interviews with detainees, prisoners and police and prison personnel. For me it is extremely rewarding to see that after three months staff do not need my observation role anymore,” she remarks, adding she derives great satisfaction in seeing that staff need gradually less assistance from me. I really hope that soon I will no longer be needed in the PDHJ,” she quips.

Going by staff feedback, the approach has paid off. “Alison accompanies us during monitoring of prison and police detention establishments. Through her guidance, I have been able to improve my skills and to obtain better quality information,” notes Sonia Fernandes, one of the four staff members at the Monitoring and Advocacy Department. In addition, says Sonia, the mentoring technique “includes motivating us to sit together to discuss our activities, our work and our results. An important aspect of this mentoring assistance is the recognition of our knowledge, our work and our potential.”

Compliments have also come from official sources, with Dr. Sebastião Dias Ximenes, Provedor for Human Rights and Justice describing the first three months of the training exercise as instrumental in assisting the PDHJ staff to cope with the monitoring activity during the State of Siege and Emergency precipitated by the February 2008 political crisis in the country.It was the perfect mentoring activity staff could apply directly on the ground the skills and knowledge obtained. The results were impressive and with UNDP/OHCHR assistance, we gathered reliable information on security forces actions and published reports highlighting the main alleged violations committed in a timely manner,” said Dr. Ximenes.

The method also involves bi-weekly formal training sessions. These sessions include topics such as advocacy, strategy and techniques as well as internal monitoring system.

It is significant that Alison has the full support of Project Manager Barbara Oliveira who roots for involvement and consultations at all stages of project implementation. “In order to develop a system which suits the institution, staff need to represent the key players in this process. We believe that success will only be achieved when staff provide their ideas and input to develop an internal system. That is what we are striving for.”

The UNDP/OHCHR Capacity Building of the Provedoria for Human Rights is an initial three-year project which started in 2007. It is solely a capacity building initiative and all of its activities envisage the increase of the institution’s capacity to effectively promote and protect human rights in Timor-Leste. Key donors of the project are Ireland, New Zealand and the Office of the High Commissioner for Human Rights.

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May 2008

Some people are arguing that the Petroleum Law should be amended, to allow more money to be transferred to the Budget. This is motivated by a strong commitment to tackling the country's poverty and suffering as quickly and comprehensively as possible, and by frustration at the disappointing impact of development efforts so far. Some economists have sympathized with this impulse, arguing that the returns to investments made today will outweigh the benefits of spending the funds at some future date.

The World Bank and IMF advise against amending the Petroleum Fund Law at this time­for three reasons:

(1) The Government is unable to spend the revenue currently available under the Petroleum Fund Law's sustainable income formula. Government spending has increased sharply in recent years, but remains well below what has been planned. In 2006/7, only 49% (US$181 million) of the Budget was spent (and only 16% of the capital portion). The expenditure rate increased slightly under the recent 2007 six-month Transition Budget, to 55%. The 2008 Budget is 6% larger than in 2006/7 (US$348 million), and the Government plans to add as much as US$190 million at the Mid-Year Review. Budget execution to date suggests that expenditures on a commitment basis are increasing, but cash outlays are once again likely to fall far short of appropriations and to remain well below the sustainable spending level (US$434 million for 2008).

The reasons for these chronic expenditure shortfalls are well-known: they stem principally from the country's inadequate budget planning/execution systems and poor implementation capacity (both in Government and the private sector). Since independence, Timor-Leste has enjoyed abundant international aid and rapidly-growing budgets. Successive governments have promised to deliver services to the population, but have been frustrated by weak capacity. In turn, these contributed to civil unrest (which has further compromised Budget execution). Per capita income in the non-oil economy is about 4 percent lower in real terms than it was in 2002, which suggests that poverty is increasing. Until planning and implementation capacity is strengthened it will be difficult to spend current sustainable income--let alone any additional appropriations.

(2) The Petroleum Fund Law already allows for transfers from the Fund to the Budget in excess of the estimated sustainable income (see attached Box for an explanation of the sustainable income concept). Transfers in excess of sustainable income are permitted as long as the Government provides Parliament with "a detailed explanation of why it is in the long-term interests of Timor-Leste to transfer from the Petroleum Fund an amount in excess of the Estimated Sustainable Income.”

[1] Submitting the issue to public debate ensures transparency and adequate consideration, and is an important aspect of the good governance practices for which the Petroleum Fund is renowned [2]1 Article 9, Petroleum Fund Law.

A change to the Petroleum Fund Law would present Timor-Leste with reputational and governance risks. The Petroleum Fund is a credit to Timor-Leste, creating confidence at home and abroad that theGovernment is serious about good governance.

In a survey by the Peterson Institute that evaluated the structure and operation of 32 sovereign wealth funds, Timor-Leste's Petroleum Fund was ranked third best in terms of its governance arrangements and management performance.

The Fund's procedures­publication of quarterly and annual reports, mandatory external audits, a Consultative Council, an Investment Advisory Board­have been designed to ensure honesty, transparency, and due diligence in the use of the revenues. The design is based on lessons learned from other countries, where petroleum revenues have amounted to a distortionary curse rather than a blessing. It is tempting to accelerate spending on transfers like pensions or social supplements, which are potentially quick-disbursing, visible, and can be targeted to the poor.

These instruments are no panacea, however. If expenditure outruns the capacity of the country's systems and skills, waste and misappropriation are an inevitable consequence.(3) Too rapid an expansion in oil-derived expenditure could have perverse and damaging macroeconomic effects. The sustainable income formula (and the investment of revenues overseas) helps mute of the emergence of severe supply bottlenecks (in Timor-Leste's case, a tiny private sector, limited port facilities and a lack of skilled labor). Increased spending is likely to exacerbate these constraints, increasing the rate of inflation and raising the real exchange rate.

This could well create a cost structure that would destroy the competitiveness of Timor-Leste's non-oil economy (the phenomenon known as `Dutch disease'). The cost of goods and services is already considerably higher than in next-door Indonesia.In conclusion, caution is advised before making changes to the Petroleum Fund Law. The availability of funds is not a major constraint for Government today--current spending remains far below budgeted amounts (about 55-60% of total finds), and well below sustainable income levels. Expenditure should and will increase as planning and implementation capacity increases.

Once absorptive capacity has increased, raising the sustainable income limit may be justified. Rather than focus on this issue now, the Government and its development partners need to concentrate on enhancing capacity (including by contracting-out), and on ensuring that available revenues are well spent. This, not promises of additional spending, is what will improve Timorese livelihoods.
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The Petroleum Fund and Timor-Leste's Revenue OutlookPolicy Features of the Petroleum Fund

Funding the Budget. Timor-Leste's Petroleum Fund was established in 2005 to receive all revenue generated by Timor-Leste's petroleum resources. 1/ Money from the Petroleum Fund is used to finance the Government's budget­money from the Fund can only be used in this way to ensure that it funds only official Government programs. In addition, money from the Petroleum Fund can only be transferred after approval of the budget by Parliament. .

Sustainable Income. Petroleum resources will not last forever. To preserve money generated by petroleum for use by the country over the long-term, the Petroleum Fund is managed on the concept of "sustainable income.” Sustainable income is the amount of money that can be transferred from the Petroleum Fund each year to finance the Government budget without reducing the country's overall "petroleum wealth" (petroleum wealth is defined as financial assets from petroleum already produced and estimated revenues from petroleum still in the ground).

The Petroleum Fund Law defines sustainable income as 3 percent of the total estimated petroleum wealth. Given current high international oil prices, the annual amount available to the budget from the Petroleum Fund under the sustainability criterion has increased from US$103 million (30 percent of non-oil GDP) in FY2005/06 to US$396 million (about 85 percent of non-oil GDP) in FY2008. Combined with domestic revenue, currently projected at some $38 million in 2008 (8 percent of non-oil GDP), this sets the total estimated "sustainable spending" limit. · Fund Management/Investment.

The Banking and Payments Authority manages the Petroleum Fund on behalf of the Ministry of Finance, investing the proceeds abroad to minimize real exchange rate appreciation. To date, in accordance with the Petroleum Fund Law assets have been invested safely in U.S. Government securities, obtaining an average annual return of 4.4 percent. Plans are underway to outsource management of part of the Fund's portfolio to try to increase the return.

In addition, the Law allows for a review of the current conservative investment strategy after five years of the Fund's operation', the Government is already beginning this review. An Investment Advisory Board advises the Minister of Finance on the investment strategy.

Transparency
In accordance with the Petroleum Fund Law, the Government publishes information on the amount of money in the Petroleum Fund on a quarterly basis. The Government also publishes an Annual Report on the Petroleum Fund, including (as required by law) an independent, external audit of money received by the Fund (the auditor also reviews the sustainable income estimates used by the Government). An independent Consultative Council advises Parliament on issues related to the Petroleum Fund, including whether appropriations from the Petroleum Fund arc being used effectively to benefit current and future generations of Timorese people.

Petroleum Revenue Outlook
High global oil/gas prices have boosted current and potential revenues, raising estimated sustainable spending limits. In addition, Bayu-Undan LNG prices are likely to rise next year (under scheduled contract negotiations), while the Greater Sunrise oil/gas field may come on-stream by 2015 (with revenues estimated at about US$10 billion, or 10-15 times 2007 non-oil GDP). These developments will further raise sustainable Budget allocations over the medium term. 1/ Petroleum resources are the oil and gas extracted from under the ground or under the seabed. Revenue from petroleum resources is generated largely through taxes and royalties on the exploration, development, exploitation, transportation, and sale of petroleum.

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Press Advisory- Traffic disruptions in Dili on Thursday 31 July

UNMIT

This is an advisory of the UN Police in Timor-Leste to provide you with information about the security situation around the country.

Tuesday, 29 July

PRESS ADVISORY

UNMIT is requesting the assistance of the local media to advise the general public in Dili that there will be disruptions to traffic tomorrow, Thursday 31 July between 7am and 5pm. This information is also to relieve any distress that may be caused to the public by the filming of the Balibo Movie. Certain areas in the centre of Dili will be closed to allow for the filming. The scenes to be shot on this day depict the invasion of Dili in 1975 and the conveyance of locals and foreigners to the waterfront. The three sides around the Palacio de Governo will be closed periodically and in front of Europe House (on the beach side).

The specific roads affected are:

Rue de Fernando between Rue L.R. Noronha and Ave Jose Maria Marques in Colmera area
Ave de Lisboa (in area of University)
Ave Bispo Medeiro (outside Europe house)
Front of Palacio de Governo (Ave Governado Alves Aldela)

Dili waterfront in front of Palacio Please also note that F-FDTL will be releasing white flares will be released between 7 am and 10 am and that tyres will be burned to create smoke. There will also be 60 to 70 locals involved and 30 FFDTL soldiers dressed as Indonesian soldiers carrying fake rifles. The National Traffic Unit will be assisting with traffic direction and every effort will be made to minimise traffic disruption during filming There will be no firing of live ammunition.

*************************

Relatoriu Polisia ONU nian iha Timor Leste atu fo informasaun ba imi kona-ba situasaun seguransa iha rai laran.

Terca Ferra, 29 July

ADVISORIU IMPRENSA

UNMIT husu daudaun tulun husi media lokal nian atu akonsella ba publiku jeral iha Dili katak aban loron Kinta 31 fulan-Julu entre 7 dadeer no 5 lokraik, movimentu tanzitu nian sei sai atrazadu/barullu. Informasaun nee mos atu ajuda halakon tristeza ruma nebe afeta ba publiku ho razaun aprezentasaun filmazen Balibo nian nebe sei hatudu.

Fatin balun iha sentru Dili nian sei taka nunee atu permite ba aprezentasaun filmajen nian. akontesimentu iha loron nee sei fo hanoin ba ita kona-ba invazaun iha Dili iha tinan 1975 no ema lokal no estranjeiru sira nebe tula sai ba iha tasi ibun nian. Estrada tolu nebe tama ba iha area Palacio de Governo nian sei taka periodikamente no mos inklui estrada iha Komisaun Eropeia nia uma oin (iha parte tasi ibun nian) Estrada espesifiku hirak nebe sei utiliza ba aprezentasaun nee mak hanesan:

Rue de Fernando entre Rue L.R. Noronha no Ave Jose Maria Marques iha area Colmera nian;
Ave de Lisboa (iha area Universidade nian;
Ave Bispo Medeiro (Uma Komisaun Eropeia nia liur;
Palacio de Governo nia oin (Ave Governado Alves Aldela.

Tasi ibun ka portu Dili iha Palacio nia oin. Favor nota katak F-FDTL sei haforu ka husik suar mutin entre tuku 7 no 10 dadeer no sei sunu roda hodi hamosu suar. Ema sivil nebe involve iha aprezentasaun nee hamutuk nain 60 toao 70, no soldadu FFDTL nain 30 nebe ho kilat no hatais farda hanesan soldadu Indonezia nian. Unidade Tranzitu Nasional sei asiste iha diresaun tranzitu hotu no sei halo esforsu tomak atu minimiza tranzitu barullu durante hatudu aprezentasaun filmazen nian.

Sei laiha kilat musan ida mak tarutu.

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UNMIT Daily Media Review - 29 July 2008

Domestic violce on the rise in Liquica- Suara Timor Lorosae

The commander of PNTL in Liquica district Manuel Maria dos Santos has confirmed that the level of domestic violence in Liquica District has He explained that from January to July 2008 PNTL in Liquica has identified 46 cases of domestic violence and from those 46 cases, 7 have been registered in the Court, 6 of them are being investigated and the others were solved according to the customary law.

Military prison no place for Salsinha- Suara Timor Lorosae

After participating in the inauguration ceremony of the military prison yesterday in Tasi-Tolu, Brigadier General Taur Matan Ruak declared that while the military prison is not a place to detain Gastão Salsinha and his group members, it is a place to punish the members of F-FDTL when they commit crimes. According to Matan Ruak, Salsinha and his group may not be punished in the military prisons they are no longer army officers.

Alfredo’s items not lost- Timor Post

The general prosecutor Longiunos Monteiro yesterday
rejected rumours that the possessions of the late Alfredo Reinado had been lost. The General Prosecutor explained that the items in question (laptop and hand phone) were in the possession of the Australian Federal Police who were investigating the events of 11 February.

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PRESS RELEASE

Díli, July 28 th , 2008

Finance Minister Emília Pires: “The Economic Stabilisation Fund is transparent and based on legislation!”

Regarding the criticism made by some members of the opposition party in National Parliament, stating that the Economic Stabilisation Fund “was hastily and secretly established without any rigour”, the Finance Minister stated once again that the whole process upon which the Fund was established “is absolutely transparent and based on legislation”.

“They are trying to manipulate the public opinion”, said Emília Pires, reminding that the Economic Stabilisation Fund is based on four legislative packages, starting with a Resolution as to what is the policy behind the decision of establishing this kind of Fund.

Secondly, the Decree Law that establishes the Economic Stabilisation Fund refers to several diplomas regarding to the way in which the Fund is managed and supervised – i.e., it upholds the regulations that are already in force - like the Regulation of UNTAET 13/2001 on Budget and Financial Management.

There is also another Decree Law that is to be promulgated by the President of the Republic, which will create an inter-ministerial commission whose mandate is to decide who will intervene in the market, in which area and when. This will be done after consultating with the relevant ministries and taking into consideration on the economic condition of the country.

There is another Decree Law that specifies the implementation details.

“There has been so much debate in National Parliament, for over a month and a half, so how can anyone consider it to be a secret Fund? Quite the opposite, the whole process is absolutely transparent and based on legislation. Regarding procurement, we apply the existing law, i.e. we did not invent anything”, says the Finance Minister.

Some of the members of the opposition party in National Parliament have alleged that the Government does not meet the criteria of the Petroleum Fund, by withdrawing an amount that exceeds the Estimated Sustainable Income. Emília Pires reminded that on the 23rd.June, the Government sent to National Parliament the report from “Deloit”, which states the exactly the opposite.

And she added that on the 4th of July the Government sent another report, justifying the reason as to why Government is going to withdraw an amount that exceeds the sustainable income, by pointing out the long term goals of Timor-Leste.

“So, I do not understand why they say this only now. Maybe they don’t read the documents that we sent them...”, said the Finance Minister.

The Economic Stabilisation Fund, with a planned capital of US$ 240 million, is an important tool established by the Government to face the economic recession that is being felt world-wide, namely the food crisis and the surge on the food price all over the world and at the same time to fight the negative effects that the fuel price and construction materials increase may have at a national level.

The High Level Conference on Food Security, which recently gathered 180 countries in Rome, concluded that in the medium term the food prices will remain at the present high levels. Meaning that the prices of consumption goods will remain high, causing a negative impact in the life and health of the population in several countries.

On the other hand, the increase of the construction materials is of grave concern, due to the fact that it can delay or prevent the Government’s development plans and discourage investment from the private sector.

In order to reduce the impact caused by the rising prices of food and construction materials in the national economy, the Government has created the Economic Stabilisation Fund with the three main goals: to assure the supply of goods and food security; to stabilise the prices, through market interventions; and to ensure the supply of construction equipments.


Thus, the Government can ensure the supply of goods and merchandise at reasonable prices and secure the continuation of the development process. The Government is in a situation where it does not need to wait for emergency support from the development partners, while the population is suffering! *
________________

COMUNICADO À IMPRENSA

Díli, 28 de Julho de 2008

Ministra das Finanças Emília Pires:“Fundo de Estabilização Económica é transparente e assenta na legislação!”

Respondendo às críticas efectuadas dos alguns deputados de partidos da oposição no Parlamento Nacional, que alegam que o Fundo de Estabilização Económica “foi criado à pressa, às escondidas e sem qualquer rigor”, a Ministra das Finanças reafirmou ontem que todo o processo que está na base da criação do Fundo “é absolutamente transparente e assente na legislação”.

“Estão a tentar manipular a opinião pública”, considera Emília Pires, recordando que o Fundo de Estabilização Económica assenta em quatro pacotes legislativos, começando por uma Resolução sobre a política que subjaz à decisão de criar um Fundo desta natureza.Em segundo lugar, um Decreto-Lei que cria o Fundo de Estabilização Económica e que remete para diferentes diplomas no que se refere à forma como o Fundo é gerido e fiscalizado - ou seja, as leis existentes mantêm-se em vigor, como é o caso do Regulamento da UNTAET 13/2001, que se aplica no que respeita à fiscalização.

Há ainda um outro Decreto-Lei que está para ser promulgado pelo Presidente da República que cria uma comissão interministerial cujo mandato é o de decidir quem intervém no mercado, em que área e quando deve ser feito. Isso depois de ouvir os ministérios relevantes e tomar em consideração a situação económica do País.Finalmente, existe ainda um outro Decreto-Lei que especifica os detalhes da implementação.“Houve tanto debate no Parlamento Nacional, durante mais de mês e meio, portanto, como é que se pode dizer que é um Fundo secreto? Pelo contrário, todo o processo é absolutamente transparente e assente na legislação, sendo que no que se prende com o aprovisionamento é aplicada a lei vigente, ou seja, não inventámos nada”
, sustenta a Ministra das Finanças.

Alguns deputados dos partidos da oposição ao Parlamento Nacional alegaram que o Governo não satisfaz os critérios do Fundo Petrolífero ao retirar dinheiro que excede o chamado Rendimento Sustentável Estimado. Emília Pires recorda que no dia 23 de Junho o Governo enviou para o Parlamento Nacional o relatório da “Deloit”, que indica exatamente o contrário.

E acrescenta que no dia 4 de Julho o Governo enviou outro relatório justificando porque é que o Governo vai retirar mais uma quantia que excede o que está determinado como rendimento sustentável, apontando interesses de longo prazo de Timor-Leste.“Portanto, não percebo porque vêm agora dizer isto. Talvez não leiam os documentos que nós enviamos...”, concluiu a Ministra das Finanças.

O Fundo de Estabilização Económica, com um capital de 240 Milhões de USD, consiste numa importante ferramenta que o Governo criou para fazer face à recessão económica que se faz sentir a nível mundial, nomeadamente a crise alimentar e o aumento do custo dos alimentos em todo o mundo e, bem assim, combater os efeitos negativos que o aumento do preço dos combustíveis e dos materiais de construção civil possa reflectir a nível nacional.

A Cimeira Internacional sobre a Situação Alimentar Global, que reuniu 180 países recentemente em Roma, concluiu que no médio prazo os preços dos alimentos irão manter-se nos níveis actuais. Ou seja, o preço dos bens de consumo vai continuar elevado, o que tem provocado impactos negativos em vários países, na vida e na saúde da população.Por outro lado, o aumento do preço dos materiais de construção é também motivo de grande preocupação, porque pode atrasar ou impedir os planos de desenvolvimento do Governo e desencorajar o investimento por parte do sector privado.

Para reduzir o impacto dos preços dos alimentos e dos materiais de construção na economia nacional e na população de Timor-Leste o Governo criou o Fundo de Estabilização Económica, que tem três objectivos principais: assegurar o abastecimento de bens e a segurança alimentar; estabilizar os preços, através de intervenção no mercado; e assegurar o abastecimento de materiais de construção civil.

Assim, o Governo pode permitir o abastecimento de mercadorias e produtos essenciais a preços razoáveis e garantir a continuação do processo de desenvolvimento. O Governo está numa situação em que não precisa de esperar o apoio de urgência dos parceiros de desenvolvimento enquanto a população sofre! *

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USAID/RDTL/ ITA NIA RAI Tetum follows FOR IMMEDIATE RELEASE 28 July 2008

MINISTRY OF JUSTICE AND DNTPSC LAUNCH THE NATIONAL PROPERTY CADASTRE

Land data collection to begin in Liquica and Manatuto

The Prime Minister, the Minister of Justice, the American Ambassador and other esteemed guests today participated in the launching of Timor-Leste's National Property Cadastre at the National Directorate for Land, Property and Cadastral Services (DNTPSC), Balide, Dili.

The National Property Cadastre will be a comprehensive database of claims to land ownership, and could eventually form the basis for a national registry of land rights in the country. The creation of the National Property Cadastre was authorized by a Ministerial Decree that sets the legal basis for a systematic collection of data on land and land ownership across the country.

This data collection will be undertaken with support from the USAIDfunded "Ita Nia Rai" project, a five-year, $10 million dollar initiative that aims to collect claims to land ownership across the country for the purpose of land registration and land administration."The Decree on the Cadastre authorizes the National Directorate for Land, Property and Cadastral Services (DNTPSC) to begin collecting information about land in a systematic way, according to a pre-determined geographic order," commented the Minister of Justice, Lucia Lobato.

Antonio Verdial de Sousa, the Director of DNTPSC, added: "this data collection will begin in 2 pilot areas, in the cities of Liquica and Manatuto. Once the technical process has been tested, the data collection will be expanded to other districts of Timor-Leste".

The Decree on the Cadastre, N. 229/2008, sets the standards for this data collection and also states that the collection will be preceded by public information campaigns. All information collected will be publicly displayed locally, nationally and internationally for no less than 30 days to allow individuals and communities to verify the results."

The creation of a national cadastre is a significant step in the life of a new nation, and the American Government is proud to be a part of this process," commented US Ambassador Mr. Hans G. Klemm. "We will continue to support the Government of Timor-Leste to create a transparent land administration system which will benefit all Timorese citizens", he added.

Formalizing property rights is a key step in Timor-Leste's struggle to reduce poverty, as it can open the way to private sector investment, and help men, women and families to access to rural credit.

In addition, the Government hopes that a public land demarcation process will help to increase stability and reduce future conflicts over land.Strengthening Property Rights in Timor-Leste (known locally as the "Ita Nia Rai" or "Our Land" program) is a five-year program funded by USAID and implemented by ARD Inc. and ACDI/VOCA. Both implementing organizations have worldwide experience in developing land systems in post-conflict countries and in conflict prevention for community stabilization.

Working with the National Directorate for Land, Property and Cadastral Services and the Ministry of Justice, the program provides technical and policy support to develop a sustainable and transparent property rights system in Timor-Leste.

STRENGTHENING PROPERTY RIGHTS IN TIMOR-LESTE
Balide, Dili, Timor-Leste For more information, please contact:Breanna Ridsdel TEL: +670 731 2407 Email: bridsdel@sprtl.tlJose Caetano Guterres TEL: +670 730 4325 Email: jcaetano@sprtl.tl

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Distribui kedas.28 Jullu 2008

MINISTERIU DA JUSTICA LIU HUSI DNTPSC LANSA KADASTRU NASIONAL BA PROPRIEDADES

Foti dadus sei hahu iha Liquica no Manatuto

Primeiro Ministro Xanana Gusmao, Ministra da Justica Lucia Lobato, Ambaixador Amerikanu Hans G. Klemm no konvidadus seluk tan ohin asiste iha ceremonia lansamentu Kadastru Nasional ba Propriedades iha Direçcão Nacional Terras e Propriedades e Serviços Cadatrais (DNTPSC), Balide, Dili.

Kadastru Nasional Propriedades maka hanesan baze ba dadus ida ne'ebe rekorde informasaun kona-ba rai no ema nia deklarasaun nudar na'in ba rai iha Timor-Leste, no aban bainrua sei bele forma baze ba Rejistu Nasional Propriedades. Kriasaun Kadastru Nasional Propriedades sei bazeia ba Despachu Ministerial N. 229/2008, ne'ebe fo baze legal ba prosesu foti dadus sistematika kona-ba rai no na'in ba rai. Prosesu foti dadus ne'e sei halao ho asistensia husi Governu Amerikanu liu husi programa "Ita Nia Rai".

Programa ne'e ho durasaun tinan lima ne'ebé hetan fundus husi USAID hodi tulun DNTPSC atu hala'o levantamentu nasional kona-ba rai – hanesan sensus ida kona-ba rai fisiku no ema nia deklarasaun nudar na'in ba rai hodi administra rai iha Timor Leste. "Despachu Ministerial ne'e autoriza Direçcão Nacional Terras e Propriedades e Serviços Cadatrais (DNTPSC) atu hahu foti dadus kona-ba rai, iha maneira sistematika no tuir ordem geografika pre-determinada", komentariu ne'e husi Ministra da Justica Lucia Lobato.

Iha tempu hanesan Director DNTPSC, Sr. Antonio Verdial de Sousa, hateten katak: "Levantamentu dadus ne'e sei hahu iha area 'pilotu rua' iha Liquica no Manatuto. Bainhira prosesu tekniku pilotu nian loos ona, levantamentu sei habelar ba distritu rua ne'e no mos ba Distrito seluk tan." Despachu Ministerial N. 229/2008 estabelese standards ba dadus ne'ebe foti husi levantamentu nasional, no mos deklara katak levantamentu tenke hala'o hamutuk ho kampana informasaun publiku.

Despachu garantia mos katak dadus hotu-hotu ne'ebe rekolha tenke fo sai ba publiku iha nivel lokal, nasional no internasional, durante pelu menus loron 30, hodi ema hotu-hotu no komunidade sira bele hare rezultadu. "Kria Kadastru Nacional ne'e hanesan etapa importante iha historia nasaun nia", lian hirak ne'e husi Ambaixador Amerikanu Hans G. Klemm. "Governu Amerikanu sente orgullio bo'ot atu suporta prosesu ne'e", nia hatutan tan.

"Governu Amerikanu liu husi USAID sei kontinua fo apoio ba Governu Timor-Leste hodi kria sistema administrasaun rai ne'ebe transparente, hodi sidadaun hotu-hotu Timor-Leste bele hetan benefisiu husi sistema ne'e." Hametin direitu ba propriedade hanesan pasu importante ida ba Timor-Leste hodi hamenus kiak. Direitu ne'ebe klaru ba propriedade bele loke dalan ba investimentu husi seitor privadu, no aban bainrua bele fo ba mane, feto no familia sira oportunidade atu hetan asesu ba kreditu.

Governu mos espera katak prosesu publiku atu identifika direitu ba rai bele hametin seguransa no prevene konflitu kona-ba rai iha komunidade nia le'et. Programa Hametin Direitu ba Propriedade ka "Ita Nia Rai" mak hanesan programa ho durasaun tinan lima ne'ebé hetan fundus husi USAID no implementa husi ARD Inc. no ACDI/VOCA.

Kompania rua ne'e hanesan ulun boot mundial iha area rai no propriedade no prevensaun konflitu. Servisu hamutuk ho Direçcão Nacional Terras e Propriedades e Serviços Cadatrais (DNTPSC) nomós ho Ministerio da Justiça, programa ida ne'e atu fó asistensia téknika no suporta regulamentu atu harii sistema direitu ba propriedade iha Timor-Leste. Projetu ne'e koñese ho naran "Ita Nia Rai" hodi fó recoñesimentu ba sidadaun Timor-Leste hotu nia direitu ba propriedade. /end.

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UNMIT Daily Media Review

PM asks district youths to be involved in the youth parliament – Timor Post

Prime Minister Xanana Gusmão has asked district youth representatives to be involved in a youth parliament. The PM said that a youth parliament will strengthen the relationship between youths as well as providing lessons on civic education. “I think you, the youth should know that democracy is based on your rights,” said the PM on Friday (25/7) in Delta Nova, Comoro.

CTF is not a court – Suara Timor Lorosa’e

The Former Joint Commissioner of the Indonesia and Timor-Leste Commission of Truth and Friendship (CTF) Dionisio Babo said that the Indonesian-TL truth and friendship commission is not a court. “CTF is not a court. Its mandate is to conduct joint research to find out the conclusive truth about violence against human rights and to give recommendations to cure the wounds of the past.”

F-FDTL recruitment still pending – Diario Nacional

F-FDTL Chief of Staff Colonel Lere Anan said that the F-FDTL recruitment plan has not as yet been realized as it still waiting for the approval from the National Parliament.

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Austcare and the Geneva-based Small Arms Survey have launched an assessment to identify and clarify concrete policy-relevant entry points to prevent and reduce real and perceived armed violence in Timor-Leste. Undertaken between May 2008 and May 2009, the AusAID-supported assessment will establish a Dili-based repository of existing international and domestic data on armed violence and serve as a clearing house for information and analysis. The objective of the assessment is to provide valid and reliable policy options for the Timorese government, civil society and their partners in identifying appropriate priorities and practical strategies.

Armed violence involves the use of force to intentionally harm, cause injury or kill. Unfortunately, in Timor-Leste as elsewhere, armed violence is under-reported and thus hidden from view. In order to assist government policy makers, international practitioners and Timorese communities, the armed violence assessment will generate timely, reliable and comprehensive issue briefs on specific themes.

In systematically examining the gap between real and perceived armed violence and assembling existing and new research, the assessment can inform interventions. On the basis of consultation with stakeholders in Timor-Leste, assessment focus areas include:

1. The risk factors, impacts and socio-economic costs of armed violence in relation to population health--particularly women, children and male youth and IDPs;

2. The dynamics of armed violence associated with ‘high risk’ groups such as gangs, specific communities in affected districts, petitioners, veterans, state institutions, and potential triggers such as elections; and

3. The role of arms (e.g. bladed, home-made or ‘craft’, manufactured) as a factor contributing to armed violence.

On the basis of ongoing consultations with government, Timorese civil society and international partners, the assessment will provide actionable evidence for decision making, monitoring and evaluation.

Issue Briefs will be released in multiple languages from late 2008 onwards. More importantly, the assessment promises to ensure the transfer and exchange of skills and training for sustainable research on armed violence. Where appropriate, Austcare and the Small Arms Survey will assist and strengthen domestic monitoring and information management capacities in the public health and security sectors to prevent and reduce armed violence.

Robert Muggah, Research Director, Small Arms Survey, Graduate Institute of International & Development Studies, 47 Ave Blanc, 1202 Geneva, Switzerland
Tel+41 22 908 5777/82, muggah@hei.unige.ch, http://www.smallarmssurvey.org/

Jay Maheswaran, Timor-Leste Country Director, Austcare
Phone +670 7265705 or director_tl@austcare.org.au

James Turton, Mine Action and Small Arms, Austcare
Phone +61(0) 404114712, jturton@austcare.org.au

REPÚBLICA DEMOCRÁTICA DE TIMOR-LESTE SPEECH BY HIS EXCELLENCY THE PRIME MINISTER

STRENGTHENING PROPERTY RIGHTS IN TIMOR-LESTE

LAUNCHING CEREMONY FOR THE PROJECT OF SYSTEMATIC GATHERING OF CADASTRE INFORMATION IN TIMOR-LESTE

Dili, 28 July 2008

Representative of the US Embassy,
Representative of the USAID,
Other diplomatic representations,
Government members,
National Director of Lands and Properties and his team,
Members of the ARD, Inc,
Ladies and Gentlemen,

We are gathered here today to celebrate two events: project “Ita Nia Rai”, which seeks to strengthen property rights in Timor-Leste, and the start of the gathering of cadastre information through the Country, the most relevant component of project “Ita Nia Rai”.

Therefore I would like to start this brief address by thanking the US Government and its Agency for International Development (USAID) for their effort during the last few months in order to allow the implementation of the project for the gathering of cadastre information in Timor-Leste, at the same time as the necessary legal tools for stabilizing property rights in this Country are developed.

The United States has always been present in the attempt to develop this project, and the IV Constitutional Government has taken on the responsibility of solving definitively the issue of cadastre and property in Timor-Leste. Through the General Agreement of Technical Cooperation signed between Timor-Leste and the United States in 2003 a Memorandum of Understanding was signed between USAID and the Ministry of Justice, according to which, by the end of this Government’s mandate, the land parcels in Timor-Leste should be duly registered. This agreement also foresees the development of legal studies enabling the drafting of a Special Regime for the Attribution of Property, so as to cover the complex situations that took place in the past, and foresees support in the drafting of the future Property Registry.

With this project and its coordination with the various services of the Ministry of Justice, I am sure that we will be able to meet the goal of Strengthening Property Rights in Timor-Leste and contribute definitively towards the social and economic progress of the Country.
In view of this great commitment, please allow me to thank the entire ARD technical team, the representatives of the US Government and USAID, and the Ministry of Justice, as well as to convey you my utmost confidence in your success, which will also be our success.

I would also like to speak briefly on the strategic planning that is currently being prepared by the Ministry of Justice. This planning, which will set the goals for the Justice sector until 2012, reflects the honest concern by the Timorese Government in showing its People and the Development Partners that Timor-Leste is able to set its priorities and is ready to assume scheduled commitments concerning program implementation, contributing decisively towards a better definition of Annual Budgets and enabling greater control over its execution.

I have mentioned here the drafting of a strategic document for the Justice sector because it will contain this Government’s strong effort regarding the improvement of the services allocated to the National Directorate of Lands, Properties and Cadastre Services. Together with the gathering of cadastre information and the drafting of relevant legislation in terms of property rights, this Government believes that it must assume the responsibility for ensuring the provision of a good public service, allocating sums from the next Annual Budget to improve the State Patrimony Administration services, the public attendance services and the computerization of the National Directorate.

I am pleased to see that we are all coordinated and that Timor-Leste is responding to the appeal by its international partners in terms of assuming responsibilities, planning and defining its needs and through creating control mechanisms that will enable it to correctly perform the set tasks.

Legal Security and Legal Trade yearn for a solution that enables the economic and social progress of Timor-Leste. We will protect Timorese citizens by promoting limits to property rights and developing mechanisms for attracting and promoting foreign investment. We will seek national consensus for the solutions that we are about to present concerning property rights in Timor-Leste. But we will always promote those solutions that are the fairest and that ensure the most social and economic equity among all Timorese.

Thank you very much.


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East Timor Judicial System Monitoring Program Justice Update July 2008

Last week saw the much-anticipated release of the Truth and Friendship Commission (CTF) final report. The Commission was established by the governments of Indonesia and East Timor. It sought to establish the truth about violence that surrounded East Timor’s independence vote. JSMP has conducted a series of interviews on the CTF with victims and community representatives from several districts, which inform this analysis of the outcome.

Reviewing evidence examined by previous investigations into the conflict, the report draws some familiar conclusions. Most notably, it finds that in 1999 the Indonesian military directed Timorese militia campaigns responsible for gross human rights violations.

This is worth celebrating as a reversal of the official Indonesian position that the violence was solely a result of internal conflict. The report is also evenhanded in recognising its own limitations. Echoing previous statements by JSMP and other commentators, the process of hearing testimony is acknowledged as flawed.

Findings appear to reflect some Commissioners’ frustrations with the grandstanding and evasiveness of witnesses, and with the inability to pursue sensitive lines of questioning. The CTF was empowered to recommend amnesties for those perpetrators it called who showed remorse and cooperated fully.

It is a measure of the incomplete and often self-serving narratives put forward by such individuals that it was concluded that in no case had the criteria been satisfied, and so no such recommendations for amnesty could be made. The Commission’s mandate did not extend to reparations, as did the more rigourous CAVR before it.

Useful though it is to have an agreed history of events, the process is seen by many as further sidelining the voices and interests of victims. Even the report’s laudable recommendation for a public apology by heads of state – an important symbolic symbolic step toward redress – has seemingly met with official resistance. Father Ernesto Barreto, whose parish in Suai still suffers many ill effects from the 1999 violence, told JSMP “The CAVR had the integrity to pay attention to the victims and their families.

However, the CTF is aimed at protecting leaders who were directly or indirectly involved in the humanitarian crisis that resulted from occupation by Indonesia. They should be ashamed of this attempt to protect themselves – victims will continue to suffer this trauma forever and the CTF brings them no benefits at all.” Others have indicated a lack of grassroots education about the CTF process that led to much confusion and likely also to an incomplete assessment of the impact of pre-independence violence.

Martinho Amaral, who was injured during attacks in Covalima during 1999, said “We are ordinary citizens who don’t really understand it; we thought that the CTF is a continuation of the CAVR because many of the people are the same .” The report recommends investigation of disappearances from this period and documentation of the conflict – these are laudable measures. However, instead of emphasizing the creation of new legal processes and entities, critics feel that it should instead provide more practical, compensatory measures. Speaking with JSMP, victims spokeswoman Anita Tilman dos Santos said “For families of the victims of 1999 like us, the existence of the CTF makes us feel as if those who died are not being given any value by the government.

This is only for the leaders of our nation – ordinary citizens like us can only sit and look at the ground and ask: when will we get justice if the government lacks the good will?” Among those interviewed, there were many who felt that the need for strong diplomatic ties between Indonesia and East Timor should not supersede the call to bring perpetrators to justice. Liquica district coordinator Alberto Gomes told JSMP “the relationship between Indonesia and Timor Leste can be nurtured as per normal, which doesn’t mean we have to sacrifice the truth finding process and justice through the courts.” In accordance with the Commission’s terms of reference, the report did not name those responsible for coordinating the violence; nor does it advocate prosecutions.

A number of those polled by JSMP spoke of their belief that too many questions yet remain unanswered in the interest of political expediency. Maubara resident and 1999 victim Filomena de Jesus Santa said that in her opinion “justice should be upheld by a court that is open to the public. There is no reason to have good relations with a nation that has committed serious human rights violations if they don’t want to reveal the truth before a court. Why should our country be afraid of them?” The CTF was intended to put an end to national debate over the cause and effect of East Timor’s troubled rise to nationhood, though clearly it has not quelled public outrage. Politicians on both sides have played down the prospect of a tribunal to further investigate the crimes against humanity that were unquestionably visited upon the Timorese people.

Despite the unwillingness of government, community support for a court-based approach is unyielding. Domingas Mouzinho, a survivor of the Suai church killings in 1999, pleaded for “justice through the courts – I don’t care if it is an international or national court, the important thing is the perpetrators of crimes need to be brought to justice so the victims like us can feel satisfied.” It is now incumbent on the architects of the CTF process, both Indonesian and Timorese, to make of it more than a rhetorical gesture. Whilst the report contains some difficult truths, it will take a more sustained effort to fully confront the legacy of violence and injustice with which so many still live.

Much as political leaders may wish to leave the past behind, for many this will not be possible until justice is delivered to the victims, and served upon the perpetrators. Rita Pereira dos Santos, who lost several family members to militia attacks on Liquica, summing up her views on the Commission, said “We, the family members, will be very upset if our demands are not realised and if our own government does not listen to us. It is like we are being killed all over again, not in a direct sense like the victims of 1999, but maybe this type of suffering is even worse because it is enduring and we will think about it forever”.

For further information, or an interview, please contact: Timotio de DeusDirector, JSMP

Email: timotio@jsmp.minihub.org Mobile phone: +670 729 2909Land line: +670 3323883

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Source: UNMIT Daily Media Review 25 July 2008

Gov promises: won’t let pipe line go to Australia – Diario Nacional

According to the Secretary of State for Mineral and Natural Resources Alfredo Pires, the Government will be trying hard to bring the second pipeline to Timor-Leste as it will be of great benefit to the country.

Mr Pires made these statements after the end of a task force study which will be proposed to the Council of Ministers. The decision as to whether the pipeline will go to Timor-Leste will be decided with an Australian oil company and USAID. “Now we have three options: at the shore, to Australia or to Timor-Leste. As a nation we need the pipeline to go to Timor-Leste,” said Mr Pires.

Fretilin won’t use NP cars – Diario Nacional

The National Parliament this week approved the budget to buy 39 cars for each member of parliament (MP). At a press conference held by Fretilin on Thursday (24/7), Fretilin MP Aniceto Guterres said that his party will not use the cars bought by the National Parliament.

KKFP: Petroleum funds to finish in 3 years – Diario Nacional

The Consultative Council of Petroleum Funds (KKFP) of the National Parliament has said that oil funds will finish in the next three years given the current rate of spending.

Chefe’s organise youth dialogue- STL

Yesterday, in the Ministry of Social Solidarity, the Chefe Suco of Becora Antonio da Silva informed that they are now organizing a dialogue between local youths and IDP youths in order to strengthen unity among them. This activity was supported by AUSCARE, Caritas Australia and Ministry of Social Solidarity. The dialogue involved all aldeias in Becora. The Chefe de Aldeia of of Becusse Kraik, Alexandre Ximenes, said he will send five youths from Becusse Kraik to participate in the dialogue.

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To : You’re Excellency JOC ( Joint Operation Command ) Commander Brigadier General, Taur Matan Ruak, 10 Commander

Inspector Afonso de Jesus, 20 Commander

Subject : Occurrence chronology report

Based on above subject, Sub Inspector Fátima Motu Mali with Sub Inspector Fátima Mendonça addressed the occurrence chronology report in relation to third phase of PNTL operation fund payment that suffered failure from lost a number of money as following:

On the 21st May 2008, at 15.00 hrs, Sub Inspector Fátima Motu Mali, Sub Inspector Zeca Mauzinho, Sub Inspector Luis da Silva and Agent Fransisco Soares were going to BPA ( Bank payment authority ) to get the PNTL operation fund payment for third phase with the total amount of US$ 680,180.00 After received those money from BPA, Sub Inspector Fátima Motu Mali with Sub Inspector Zeca Mauzinho took those money from BPA to PNTL HQ by Panther Car and Sub Inspector Luis da Silva with Agent Fransisco Soares with another car ( Tata Sumo car ) and Dili UIR with one car accompanied the convoy to PNTL HQ in order to keep those money into the PNTL armory Safe, after open the door Agent Miguel de Deus handed over the Safe key to Sub Inspector Fátima Motu Mali to open the safe and assisted by Sub Inspector Zeca Mauzinho and we both count the amount of the money before put into the safe. During the time of putting those money into the safe was accompanied by Agent Miguel De Deus and the rest just wait outside. The amount of the money which putted into the safe were same amount as we received from BPA with total amount of US$ 680,180.00. Afterwards Sub Inspector Fatima Motu Mali locked the safe and key was kept by herself. The key for the door was kept by Agent Miguel De Deus.

On the 22nd May 2008, at 08.00 hrs, when the Sub Inspector Fátima Mendonça arrived at JOC office, Sub Inspector Fátima Motu Mali informed her about the PNTL operation fund for the third phase, they have collected it on the 21st May 2008 at 15.00 hrs with the total amount of US$ 680,180.00 and now the money has kept at the PNTL HQ- PNTL armory safe and after update all relevant information then Sub Inspector Fátima Motu Mali asked Sub Inspector Fátima Mendonça to prepare the list so that they will start the payment at 14.00 hrs in that day at the PNTL HQ.

At 14.00 hrs after prepared the list and after lunch, Sub Inspector Fátima Motu Mali, Sub Inspector Fátima Mendonça and Agent Honorio de Fátima left the JOC office at Farol headed to PNTL HQ due to conduct the payment to those PNTL member from sections, units, Departments and also Districts who were listed to received the money. When we arrived at the PNTL HQ directly to the place where we kept the money. Agent Miguel de Deus opened the door of the PNTL storeroom and Sub Inspector Fatima Motu Mali, Agent Honorio de Fatima with Agent Miguel de Deus enter the room and Sub Inspector Fatima Motu Mali opened the armory safe and brought those money and putted inside the white bag the Agent Honorio de Fatima brought them to the payment place. Sub Inspector Fatima Motu Mali and Sub Inspector Fatima Mendonça started the payment to PNTL sections, units, Departments and District as well according to the annex list.

During the payment we were accompanied by Agent Honorio Sarmento and Agent Alfonso member of Amory house. After the payment the then the money only remind with the amount of US$ 2000.00 and then Sub Inspector Fatima Motu Mali opened up the safe to get more money with the amount US$ 20,000.00 and added with US$ 2,000.00 ( total amount US$ 22,000.00 ) to pay the CCO members at Farol.

Once we conduct the payment to Close Protection / CSP unit, Sub Inspector Paul Azis Belo with Agent Honorio Sarmento came to get the CSP money with wooden box. The total amount of the money must pay to CSP was US$ 53,250.00, as Sub Inspector Fatima Motu Mali and Sub Inspector Fatima Mendonca stated count the money on the table and they have not given to them yet but the CSP has took those money and put into their box that they putted underground, and the box was not putted on the table. The amount of the money that the CSP took was not enough yet therefore they added more amount to pay those CSP members. The right way was the box must putted on the table not under the ground and the money was counted by them before put into the box same as they made the payment to other unit by put into the envelop or something else. It was not like what the CSP has done so far. According to Sub Inspector Fatima Motu Mali and Sub Inspector Fatima Mendonca that prior to count the money the CSP have gotten the money, that is why caused lost of money.

On 23rd May 2008, at 14.00 hrs, Sub Inspector Fatima Motu Mali and Agent Honorio de Fatima made the payment to JOC members, and then later on Agent Honorio de Fatima was replaced by Sub Inspector Fatima Mendonca after return from Hospital Quido Valadares once she got her blood test result.


On 24th May 2008, JOC work only half day therefore Sub Inspector Fatima Motu Mali just pay the JOC members in Farol with the money that she brought from Head Quarter. As annex list.

On 25th May 2008, the payment was not conducted because of holiday.

On 26th May 2008, at 11.00 hrs, Sub Inspector Fatima Motu Mali asked Sub Inspector Fatima Mendonca to conduct the payment to Oecuse, Manufahi and Ermera District but after finished payment to Oecusse District and the money only left US$ 150 and US$ 300 to pay only for 4 members, the other members from manufahi would not be paid because no cash available, same as Ermera District. Both Sub Inspector Fatima Motu Mali and Fatima Mendonca informed to Ermera and Manufahi District Commanders to go back and wait for next information after they cross check lists. Afterwards Sub Inspector Mendonca went to School (University) and Sub Inspector Motu Mali returned to JOC Office.

At 14.00hrs same day, Sub Inspector Fatima Motu Mali and Sub Inspector Mendonca confirmed payment lists after cross check found that money lose with the total amount of US$ 27,950.00. And Both Sub Inspector Motu Mali and Mendonca confirm to those Districts who received the big pocket of money and in that night Sub Inspector Fatima Motu Mali called Baucau and Viqueque District to confirm and they said that the money that they received was complete.


On 27th May 2008 at 09.00hrs, Sub Inspector Fatima Mendonça required to Sub Inspector Fatima Motu Mali for making a phone call to Dili District and CSP to conform if there is a mistake of payment may happen at two unit because both unit have a biggest amount from other. when Sub Inspector Fatima Mutu Mali called to Dili District to confirm, the Dili District mentioned that they will return the money with amount of US$ 150.00 back to payment groups for the reason that PNTL Agent Rui Manuel gets suspension and Dili District kept his payment . After finished with phone call to Dili District, Sub Fatima Motu Mali made a phone call to Sub Inspector Paul Assis Belo as CSP deputy commander and spoke to him :” Good Morning Commander, How are you? this is from JOC I am Fatima Motu Mali just want to confirm about amount of finance that CSP has receipted, while conducting payment if there is over cash please return back to JOC.” and replay phone call by Sub Inspector Paul Assis Belo said that:” we have been done payment, but have lesser amount of cash $.270 therefore we would send the report to all of you in relation to these lesser amount of cash.” And than Sub Inspector Fatima Motu Mali said that we would wait your report. After being make phone call Sub Inspector Fatima Motu Mali explain to Sub Inspector Fatima Mendonca that:” CSP has explained to me that they have lesser amount of cash $. 270.00” and Sub Inspector Fatima Mendonca said that: the amount of cash that minus from CSP equivalent with amount of cash that go down or lose, only have different on CSP lesser amount of cash $.270.00 and Group for Payment lesser amount of cash $. 27.950.00 perhaps they get pay over and miss communicate. If there is less $. 270.00 who was not get pay yet? because it is not logical of lesser amount, if lesser amount among $.150.00 to $. 300.00 It is make sense, equal to any one pay, but $. 270.00 it is not logic.

After being discussion Sub inspector Fatima Muto Mali and Sub Inspector Fatima Mendonca get confuse and both of them made decision straight to meet with Sub Inspector Paul Assis Belo, when Sub Inspector Fatima Motu Mali and Sub Inspector Fatima Mendonca arrived at CSP office the Sub Inspector Paul Assis Belo wasn’t there and Agent Diana Neves went to called him, on the meeting among Sub Inspector Paul Assis Belo with Sub Inspector Fatima Motu Mali and Sub Inspector Fatima Mendoca, he has shown his attitude not like naturally. Paul Assis Belo brought Both Fatima to his room and sub inspector Fatima Mendonca said to him that: Sorry commander we interrupt you for few minutes, just want ask to you, may be we had been pay over cash to you, because these over cash is belong to some of our friend’s sweats, therefore please return back because some of friends not get pay yet.” Than Sub inspector Paul Assis Belo calling one of his Agents name Honorio Saramento who were responsibility for CSP payment. Sub Inspector Paul Assis confess that “our cash amount wasn’t over but lesser amount of US$.270.00, but it is no problem, it is our internal problem, after ward we would cover up the less cash amount.” In the same language declared by Agent Honorio Sarmento that: “Their cash wasn’t enough” and Sub Fatima Mendonça ask again that: if possible can I see the list that we have distributed to you” and Agent Honorio Sarmento asks for list to his Sub Inspector Paul Assis Belo but he come up with laud voice and look busy he said that; you look there…………….”. but actually the list in behind of him and than he give the list to Fatima Mendonça, appearing in the list indicate 6 or 7 member not get pay yet, after ward Sub Inspector Fatima Mendonça said again that: “ I hear information that you pay $.310.00 per each person, but according to distributed list a person only get pay $. 300.00, that’s way if there is over cash do not add for payment because those over cash is belonging to others rights and sweats, for those who not get pay yet they still waiting for they pay.” Although Sub Inspector Paul Assis did not comment much, he only shown uncooperative attitude. We wrote amount of cash in their list he don’t want to see it because he pretend busy, and than Sub Inspector Fatima Mendonça showed the list to him.

After they had being confiormed with CSP, Sub Inspector Fatima Motu Mali and Sub Inspector Fatima Mendonça turn back to JOC for taking some documents to members or BPA staff for confirmation. After being conforming the result was BPA has completed for their pay amount and it was assisted by PNTL members who assign to collect the cash also witness when they did the cash count.

Sub Inspector Fatima Motu Mali no Fatima Mendonça leave BPA to JOC for producing a report to his excellence Commander to authorize for immediate investigation for lesser cash amount or investigate to the PNTL members who had got over pay. After endorsement come from Ex. Commander , from Collecting Information Division commence with an investigation.

According to the information from Agent Almeiro Magno one of PNTL NID members stated that on 22nd May 2008, Deputy NID Sub Inspector Angelo Qoelho have seen the PNTL member from CSP Unit taking cash with the large amount in their safe wood that they brought for safe the cash, it was look like the amount of cash more than what they had paid, from these action we were suspected that it was fail of cash distribution in this stage.

We informed to your Excellency that on 27th May 2008, we wrote a brief report to Your Excellency JOC Commander immediately authorizing for investigation conducting about this issue, and apologies for our previous report was wrongly mentioned the amount of the money because in that time we were in condition of confusion and have no concentration. The correct amount of the lost money was US$ 27,950.00.

This is the conclusion of our occurrence chronology writing report, we kindly suggest to your Excellency JOC Commander to authorize for deeply investigation conducting about this issue in order to identify who will be responsible for this kind of irresponsibility act and avoid the innocent persons to be a victim.

Dili, 29th May 2008
JOC payment group


Fatima Motu Mali Fatima Mendonca
Police Sub Inspector Police Sub Inspector

Cc:

1. Your Exellency JOC Commander
2. Your Exellency JOC Deputy Commander
3. Your Excellency PNTL Deputy General Commander of Administration
4. File.

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Core Group on Transparency Press Statement on the Economic Stabilisation Fund

The Government plans to establish a $240 million Economic Stabilization Fund to ensure that the price of food, fuel and construction materials does not spiral out of control. The money allocated for this is nearly as much as the original budget for 2008, but Parliament has not been told what it will do, how it will be managed, and by whom it will be managed.

A, so far undisclosed, decree law has been passed to establish this Fund rather than a more consultative parliamentary law. Although we understand the Government wants to reduce prices of imported goods, the Fund will make the State pay for imports.

Using data from the budget document “Orçamento Rectificativo 2008” (OR2008), as presented to members of Parliament, we can work out the following:

Goods worth $182 million dollar will be imported
Outside of the money allocated to this Fund, the Ministry of Finance will pay $4.6 million in import taxes for rice[1] acquired under this Fund (explained on page 36 and 83 of the OR2008).
We do not know why this expense shows up as a separate Ministry of Finance increase. Using 2.5% import tax according to the new law, when we calculate back the value of imports for this $4.6 million it comes to $184 million in imports through this fund alone over the next six months.

Goods sold against 25% of import price
The receipt out of sales of subsidized rice and other goods is anticipated to reach $39.4 million (table 4.4, OR2008). Selling imported goods worth $184 million for less than $40 million is like subsidizing 75 centavos of every dollar. Next to subsidizing rice, the Government plans to subsidize other goods like construction materials but the Mid-Year Budget Update does not talk about it. Assuming that 50% of this $184 million is used to buy rice[2], against the current subsidized price of $16 per 35-kilo bag, this comes to over 43,000 tons (43 million kg) of rice for a period of six months, or more than seven thousand tons per month. If more than 50% is used to buy rice this number only goes up.

The Fund imports twice as much as regular channels
The Government anticipates import taxes for 2008 to be $6.5 million (page 22, table 4.3, OR2008). But $4.6 million in import tax on this Fund is equal to more than 70% of total tax income. The same table hides the fact that income on import tax will actually decrease over the next years, due to lower import tariffs, even when import volumes might increase. Table 4.2 shows not only an active Fund this year but also $49.4 million in sales of rice for each year starting 2009 until 2011. That is a lot of imports. It is actually twice as much as the average yearly merchandise imports for this country over the years 2003 to 2006 (table 2, IMF Country Report June 2008). Who will manage import administration, quarantine guarantees, warehousing, transport to districts, and storage in districts? The Ministry of Tourism, Industry and Commerce is supposed to spend $3 million to build silos to store 40,000 tons of food (page 40 and 106, OR2008); where and when will they be placed, and who will manage them?

Effects of the Fund
The Fund is big, both in money it uses and in volumes it imports. We cannot say what the exact impact of the Fund will be as we do not know the mechanism behind the Fund. However, there is significant danger that buying and selling of goods through the Economic Stabilization Fund will:

Compete with existing import channels; the Fund imports volumes of rice equivalent to more than the expected[3] shortfall. All channels through which rice was normally imported (private business and food aid) will cease to exist and be replaced with a government-owned import and wholesale structure.

Compete unevenly with local markets; the uneven competition in pricing and availability will destroy any progress made in making this country more food secure.

Overwhelm local infrastructure capacity; importing volumes three times as much as normal will put a strain on existing port, customs, warehousing and administration mechanisms. Capacity for warehousing, transportation to districts and storage at district level is insufficient to manage this amount of goods. Currently, about 30,000 tons of local food production per year is lost due to pests and bad storage conditions.

Create increased import dependency and increased future budget deficits; as the budget document shows, there are anticipated sales through this Fund for future years until 2011 worth $50 million each year. Calculating back this is equal to over $200 million of new money into the Fund every year on top of total expenditure for those years (page 28, table 5.2, OR2008).

This press statement has been prepared by the members of the Core Group on Transparency. Electronic copies of this statement can be obtained from the Secretariat, redetransparensia@gmail.com, or from www.laohamutuk.org/econ/MYBU08/RDTLMYBU08.htm.

Participating organizations are:

Asosasiaun Hak
ETADEP
FONGTIL
Fundasaun Balos
La’o Hamutuk
Luta Hamutuk
Mata Dalan Institute

[1] The Orçamento Rektifikativo 2008 literally states “rice”. Page 83 and 85 of the document hint at other essential goods too.
[2] And food equivalent to milled rice
[3] Latest figures, still mostly based on existing private sector import volumes, estimate a shortfall of 80,000 tons over the whole of 2008. (Source: Ministry of Agriculture Food Security Department. “Assessment of Main Food Crops Production, And of Consumption Requirements In Timor-Leste, Season 2007 – 2008” , second draft, July 2008)

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UNMIT Daily Media Review - 23 July 2008

PNTL dialogue on 2006 crisis- TVTL
The State Secretary of Security Francisco Guterres said yesterday that the command of PNTL will hold a dialogue with PNTL members next week who were involved in the 2006 crisis including those who sided with Alfredo Reinaldo.

Court authorizes Railos to get medical treatment – Suara Timor Lorosa’e The Court has authorised the suspension of the prison sentence for Railos for a period of two months in which he is to receive medical attention. This authorisation was based on recommendations made by Railos’ lawyer.

Fretilin accuses Lasama of making dictatorship – Suara Timor Lorosa’eFretilin MP Aniceto Guterres has accused the National Parliament of impartiality in leading the plenary session as it advantages only the AMP Government. Fretilin said that according to the parliament’s discussion laws, it takes three days before approval can be granted. However, the NP is currently only taking two days and is forcing the session to vote.

PM ready to respond to corruption allegations in court – Suara Timor Lorosa’e
Prime Minister Xanana Gusmão has asked all those who have accused him and the Government of corruption to provide evidence of such corruption to the courts. The PM said that since the last election, there have been many examples of corruption accusations levelled at the Government by Fretilin through the Provedor of the Human Rights and Justice (PDHJ).

Timor-Leste to not import rice: in more three years – Diario Nacional Prime
Minister Xanana Gusmão has guaranteed that there will be no need to import rice in three more years as local food production will greatly increase. PM said that currently, the people had to rely on imported products, but that this would end by 2009.

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Pinto announces delay of F-FDTL recruitment- Timor Post

The State Secretary of Defence Julio Tomas Pinto confirmed today that the recruitment process for F- FDTL scheduled for 15 July 2008 was postponed as there had been no finally decision yet. Mr Pinto said that he was discussing the mechanism of recruitment with the F-FDTL and would determine the new schedule of recruitment consultations with the Council of Ministers.

ISF to support F-FDTL- Timor-Post ISF

Commander Brigadier James Baker has said that the International Stabilisation Forces would cooperate with the F-FDTL to help build houses for the ISF members. Mr Baker said that the houses would be finished in the next two months.

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Audit: Fretilin rules with weak system – Timor Post
The audit performed by the Government on the former government has concluded that there were many problems and irregularity of practices. The Minister of Finance, Emilia Pires, said that audit also made recommendations on how to improve the finance ministry. Separately, member of Commission C for Economy, Finance and Corruption Aderito Hugo said: “With this report, the public may know our real administration and will be able to compare the Fretilin and AMP governments.

Fretilin-PSD: AMP Govt not serious to combat CCN – Timor Post and Diario Nacional
Fretilin MP Miranda Branco said that that the AMP government policy towards good governance, transparency and good administration will not succeed as there is no serious policy to combat corruption, collusion and nepotism (CCN). “I am strongly questioning the seriousness of this government to combat CCN. All they do is deliver nice speechs- there is never any action based on the budget. The budget itself proves this,” said Mr Branco. Separately, The President of the Social Democratic Party (PSD) Mario Viegas Carrascalão has agreed with Fretilin that the AMP government is not serious about combating CCN.

Lasama: congratulates Alkatiri’s initiative – Diario Nacional
The President of the National Parliament Fernando Lasama has congratulated the initiative of former Prime Minister Mari Alkatiri to build the statue of Pope John Paul II in Timor-Leste, which is currently now seen in Tasi Tolu, Dili. The statue is visited by the young people of Timor-Leste, especially those who are in Dili every Saturday and Sunday.

Gov takes big money from petroleum funds to avoid instablity – Diario Nacional
Minister of Finance Emilia Pires said that the government is taking large amounts of money from the petroleum funds to avoid instability of the country. Related to the concerns of the Consultative Council of Petroleum Funds (KKFP) that the government should not withdraw such large sums, Minister Pires said that petroleum funds’ law does not ban the government from doing so.

“Based on our analysis, the current global economic situation is that the oil price will increase and negatively impact on other basic needs. If we do not intervene then there will be a national crisis,” said Minster Pires.

Editorial: Buy peace with money …??? – Diario Nacional
Prime Minister Xanana has stated that his Government is withdrawing large amounts of funds from petroleum funds for the sake of peace and stability.The budget proposed by the government is US$425M; bigger than the budget approved by the National Parliament in December 2007 – this means that in only one year the government is to spend US$ 772M. With this huge sums of money, the AMP Government has been criticized for spending too much of the petroleum funds. It is true that the government has reason to take the money to respond to the needs of the people, such as the petitioners’ problem and the IDPs. But the question remains: can peace and stability only be realized with money, or is there another way? If we guarantee peace and stability with the petroleum funds, how will we sustain peace and stability when the funds run out? We wait…


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FRENTE REVOLUCIONÁRIA DO TIMOR-LESTE INDEPENDENTE

Media Release July 18, 2008

"Today FRETILIN expresses great concern about the Economic Stabilisation Fund proposed in the revised budget, which in our view is full of illegalities and lacks transparency."

This statement was made by the FRETILIN Parliamentary Leader, Aniceto Guterres, in a media release yesterday, July 17. The Decree Law was approved by the Council of Ministers and proclaimed by the President of the Republic, Ramos-Horta, on July 14. FRETILIN called on MPs in the government coalition to join it in voting against the proposed law, as they did recently over the proposed firearms law.

Guterres added: “Though there are a lot of areas for concern in this revised budget proposal, the Economic Stabilization Fund is the most worrying because it involves the withdrawal of a large amount of money from the Petroleum Fund without sufficient legal control.

“Although the president of the republic proclaimed the Decree Law, it is yet to be published and come into force. In the meantime the de facto government is seeking the approval of the parliament in its revised budget proposal to withdraw an amount of USD$240 million, which it would spend under this law, which does not detail clearly the legal and financial mechanism for procurement, disbursement and accounting for the funds in a transparent and accountable manner. So much money, representing the total of the Timor-Leste state budget between 2002 and 2005, to be managed simply by a law made up of one and a half pages and 8 sections.

“FRETILIN opposes this Decree Law and the proposal to take these funds from the Petroleum Fund in this way. Among other reasons, we strongly suspect it is nothing more than an attempt to withdraw funds from the Petroleum Fund in a non-transparent and irresponsible manner.

The objectives of the Decree Law, set out in Article 2, are the procurement and distribution of food for food security, fuels and building materials by the government. But the Decree Law does not establish the procedures, rules and mechanisms for the procurement, administration and financial control of the funds or the distribution of the acquired stock in a transparent or accountable manner. Sections 4, 5 and 6 state that these vital transparency and accountability issues will be dealt with by ‘appropriate regulations to be approved.’

“With all due respect, this demonstrates that the de facto government does not regard our peoples' parliament with seriousness and respect,” said Aniceto Guterres.

“We have to ask, what did this de facto government have in mind when it put to this parliament a proposal to approve such a large amount of money to be spent without the appropriate legal and administrative rules and procedures being set out in the law that purports to establish it? How are we, who are asked to approve this large amount of money and who are constitutionally mandated to oversee and hold the government accountable for its spending according to the laws of the land, going to be able to do our job, given that we are not informed of the rules and mechanisms to hold them accountable by?

“This also leads us to think that the de facto government merely intends to use the funds the parliament approves as a slush fund without controls or accountability. It leads us to think that there will be even less procurement through open public tenders in accordance with the applicable procurement law, to procure such large amounts of foodstuffs, fuel and building materials, than there is at the moment. We are led to think that procurement contracts for these will simply be given directly, without open public tenders, to their friends and political allies, just as the recently publicized US$14 million rice procurement contract, which has been widely questioned. This rice procurement process was questioned even by members of the CNRT party in parliament, and the de facto government has thus far not fully explained or justified it to the satisfaction of the public or to our satisfaction.

“It is because of this that FRETILIN says that it will oppose this attempt to withdraw funds from the Petroleum Fund just to allocate contracts to friends and allies of the de facto government.

“With this attempt this AMP government has demonstrated yet again that they are not serious about executing and managing the peoples’ money with seriousness, responsibility, and transparency.

“We have already seen with important dealings that have been made public that they hide things. The agreement proposing to allocate large tracts of land to a foreign company to cultivate sugarcane for bio fuels was hidden for months, despite repeated requests for the agreement to be made public. The agreement to grant the sole and exclusive rights to a foreign oil company to market Sunrise gas remains hidden from the public at the government’s insistence that it is a ‘government secret’, despite requests to make it public. The contract to purchase luxury cars for members of parliament has been hidden from us again, despite requests that they be made available to opposition parties. Now, it’s worse, with an extremely large fund of USD$240 million they are not disclosing how they will spend these funds in regulations yet to be approved.

“FRETILIN already knows that there are parties and MPs who are prepared to exercise their conscience to oppose this proposal. We appeal to these well intended Timorese in our national parliament who otherwise vote with the AMP, who follow the government’s policy orientations, to join us in opposing this proposal that is not in the interests of our people. Just as we did with the gun laws some weeks ago, we ask you to join us in exercising your consciences and vote in the interests of the welfare of our people, the future of this nation, the peace and stability deserved by our people, instead of simply following the path that is not transparent, and will be detrimental to our nation and people.

“FRETILIN agrees with the objective of helping our people to meet the current global food and fuel crisis, but will not support courses of action that are not transparent and accountable, and which serve only to benefit a very few at the expense of our people, who will continue to stay poor and go hungry. During the budget debate FRETILIN will propose measures to confront the hardship faced by our people with seriousness, responsibility and transparency.”

For further information: FRETILIN parliamentary media officer - Nilva Guimaraes +670 734 0389

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UNMIT Daily Media Review 16 July 2008

Ed: accusation politics not educating people – Suara Timor Lorosa’e

It is normal that in a political democracy there are different ideas of government political decisions. If there are no critics then there is no democracy, only authoritarianism that does not allow criticism and rejects differences in ideas. But freedom allows that there are norms with respect to others’ dignity. Political leaders should educate the community by providing good examples to the people; they should teach how to express their opinions and criticisms to find the way to resolve existing differences.

In June, leaders of the country showed something that people do not accept; Fretilin’s Secretary General Mari Alkatiri and the party’s Vice President Bano accused Xanana of bad governance. Mr. Alkatiri expressed this to the international media, Australia and Portugal, which did not give respect to Xanana’s dignity. Xanana was also angry with the accusation and, in turn, expressed the bad administration that took place during Alkatiri’s governance. The psy war between the two leaders leaves no input to the people as it is not a tradition of democracy – this tradition belongs to primary school students. We all should be careful with their manoeuvres behind the curtain – we only need national political stability and a sense of security for the country. Amin…

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Bishop Basilio: MPs may buy cars as well as pay attention to peoples' needs– Diario Nacional

Bishop Basilio do Nascimento of Baucau Diocese said that the National Parliament may buy cars for the MPs as a minimum condition to facilitate their work but should also see to the needs of the people. The Bishop said that if Parliament feels the cars are really necessary, then they should go ahead with the purchases. Regarding Freilin's peace march, Bishop Basilio said that it is Fretilin's right to do so.

Salsinha and Railos are sick – Suara Timor Lorosa’e and Timor Post

Former rebel commander Gastão Salsinha along with Vicente Railos are apparantely suffering from respiratory sickness. The two suspects have asked permission from the Government to seek medical treatment abroad. ‘We held a meeting yesterday [Friday night] with the lawyers of the suspects to talk about their problems. They are sick but we still do not know the exact nature of their illness,” said the Minister of Health Nelson Martins. The minister said that if the two suspects could not be cured in Timor-Leste, that they would be sent abroad for treatment.

The State declares petitioners to be civilians – Timor Post

The Government of Timor-Leste stated that the official status of the petitioners who had gathered in Aitarak Laran is to be civilian. According to the Coordinator of the Petitioners, former F-FDTL Major Tara, even though the decision was hash, they would accept it for the stability of the nation.

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JSMP Justice Update 2008

Background
On 2O May 2008, the President of the Republic issued a decree granting clemency to some 94 prisoners. Many had their sentences halved. As a result, a number of applications have recently been heard by the Dili District Court, contending eligibility for parole on the basis of these reductions. JSMP has obtained documents confirming the parole of former minister Rogerio Lobato, imprisoned for offenses relating to the 2006 crisis.

Additionally, Joni Marques and the three fellow Team Alpha militia members with whom he was convicted of crimes against humanity have been given conditional release. Some further applications relate to inmates serving sentences handed down under the Special Panel for Serious Crimes hybrid tribunal that prosecuted pre-independence crimes at international law. Having benefited from clemency, former Sakunar militia member Mateus Lao, aka Ena Poto, is now free on parole.

An application on behalf of serious crimes indictees Januario da Costa and Mateus Punef was denied on the basis of insufficient time served. This rationale also led to the rejection of parole for Joaquim Carvalho do Rego, whose crimes date from the 2006 crisis. These early claims suggest many more to come. These applications have highlighted some of the peculiarities of the parole process in Timor-Leste. This, in turn, relies on the calculation of pre-trial detention, which is a further area of apparent confusion. This justice update will examine both subjects in light of the recent clemency-related releases.

Parole
The legislative basis for parole (also referred to as ‘conditional release’) derives from the domestic Penal Procedure Code. Title four of this statute regulates, among other things, the execution of a prison sentence, and contains the principles and criteria upon which parole may be granted. Eligibility for parole first depends on the inmate serving a sentence of more than six months. Where this is the case, and over half of that custodial term has been served, the court may make a determination for parole.

This process can be initiated by application, or on the court’s own initiative. Opinions on the suitability of an inmate for release may be sought from the prisons service and from the office of the Prosecutor-General, though the final decision rests with a judge. An assessment is generally made of the inmate’s prison behaviour, and of their capacity or willingness to readapt to society. Regardless of such an assessment, however, where an inmate has served five-sixths of a sentence without receiving parole, it must be granted at this point.

This article of the Penal Procedure Code appears to have the unusual effect that no term of detention imposed by a court can ever be fully served. Conditions, such as a requirement to regularly make contact with local police, may be imposed. If, during the parole period, the former inmate is convicted of another crime, they may – presumably dependent on severity – receive a warning, or alternately have their release on parole extended or revoked. The application made on behalf of Rogerio Lobato draws on an opinion from the Prosecutor-General's office.

The interpretation therein, adopted by the court, gives the date of Lobato's commencement of a 7 year, 6 month sentence as 22 June 2006 and notes that the grant of clemency reduced this to 3 years, 9 months. The prosecutorial report in regard of Lobato further indicates that the halfway mark for his reduced sentence was 1 year, 10 months and 15 days - which equates to a potential parole date of 7 May 2008. The extended period Lobato has spent in Malaysia on supposed ‘medical leave’ from prison is unmentioned. Calculations are also provided under the alternate ‘five-sixths’criterion for eligibility. Factoring in the clemency reduction, this puts a maximum term at 3 years, 1 month and 15 days - giving a potential parole date of 22 March 2010.

The subsequent release warrant instead cited a rationale of good prison behaviour. This court document formalising Lobato’s freedom reveals that prison records in respect of his conduct are missing. It is unclear how the assessment requirements for parole were otherwise satisfied. The attendant release conditions do not contain reporting obligations, nor any restrictions on holding public office. The application made on behalf of Joni Marques and his co-convicted, João da Costa Amaral, Paulo da Costa and Gonsalo dos Santos, suggests recent clemency measures (they have already benefited from a previous Presidential discount) further reduce these offenders' 25 year sentences to 12 years six months.

Eligibility for parole at half of sentence served dates potential conditional release to 6 years, 3 months. Deduction of pre-trial detention puts this at January 2006. The warrant refers to a supplied prison record indicating satisfactory behaviour and grants immediate release conditional on bimonthly reporting til 2012. Pre-trial detention Pre-trial detention, again regulated under the domestic Penal Procedure Code, is widely used in Timor-Leste.

In fact, some research suggests that the majority of the current prison population is comprised of those awaiting trial. Many of these have been in custody for upwards of six months. This broader issue aside, pre-trial detention creates some confusion in calculating time served. Under Title six of the statute, detailing restrictive measures, it is stipulated that a period of pre-trial, or ‘preventative‘ detention may be deducted from the term of a sentence as handed down by the court.

The parole application on behalf of the Team Alpha indictees, including Joni Marques, was decided partly on calculations of pre-trial detention. The release warrant gives the commencement of detention as 31 October 1999, at which time the militia members were handed over to INTERFET by FALINTIL. Detention files from this period are missing, making it difficult to establish the nature of this subsequent custody. An attempt to retrospectively validate all claimed arrests and detentions under UNTAET regulation 14/2000 was successfully challenged, though no review of the Team Alpha case ensued.

The detention of Marques and the others was brought under civilian jurisdiction in July, through the contentious issue of a further extension of custodial orders. Argument at the time over whether this action properly fell within a domestic or international jurisdiction was never resolved. Conclusion Judicial assessment of 'good prison behaviour', upon which most paroles rely, appears to be cursory and to defer to prosecutorial recommendations. There is little evidence of prison records being critically examined, nor of the utility of such content. Joni Marques’ brief escape seems not to have disqualified him.

The related issue of pre-trial detention remains vexed. Aside from the incidence and length of such custody, there is the question of authority. Timor-Leste’s complex legal history leaves us with unanswered questions of what sort of detention – military, international or domestic – may count toward time served.

For futher information please contact:Timotio de DeusDirector JSMPEmail : timotio@jsmp.minihub.org Landline: 3323883

------------------------------

UPDATE KEADILAN

PEMBEBASAN BERSYARAT DAN PENAHANAN PRA-SIDANG JULI 2008

Latar belakang Pada tanggal 2O Mei 2008, Presiden Republik mengeluarkan perintah yang memberi pengampunan kepada 94 terpidana. Hukuman dipotong setengah untuk sebagian besar terpidana tersebut. Sebagai akibat, sejumlah permohonan baru-baru ini diadili oleh Pengadilan Distrik Dili, karena para pemohon merasa bahwa mereka berhak mendapatkan pembebasan bersyarat berdasarkan pemotongan hukuman tersebut. JSMP memperoleh dokumen-dokumen yang mengkonfirmasikan pembebasan bersyarat yang diberikan kepada mantan menteri Rogerio Lobato, yang dipenjarakan atas pelanggaran yang berhubungan dengan krisis 2006.

Selain itu, Joni Marques dan ketiga anggota lainnya dari milisi Tim Alfa, yang bersama-sama diputuskan bersalah atas kejahatan terhadap kemanusiaan, juga diberi pembebasan bersyarat. Sebagian permohonan lain berhubungan dengan terpidana yang menjalani hukuman yang sebelumnya dijatuhkan oleh pengadilan campuran yang bernama Panel Khusus untuk Kejahatan Berat, yang menuntut kejahatan pra-kemerdekaan berdasarkan hukum internasional. Setelah diberi pengampuan, mantan anggota milisi Sakunar, Mateus Lao, alias Ena Poto, sekarang dibebaskan dengan syarat.

Permohonan atas nama Januario da Costa dan Mateus Punef yang didakwakan atas kejahatan berat, ditolak karena mereka belum menjalani waktu yang memadai. Atas dasar yang sama, Joaquim Carvalho do Rego yang melakukan kejahatan selama krisis 2006, tidak diberi pembebasan bersyarat,. Permohonan-permohonan ini yang diajukan begitu cepat menunjukkan bahwa banyak permohonan lain akan diajukan di kemudian hari. Permohonan-permohonan tersebut menggarisbawahi keanehan dalam proses pembebasan bersyarat di Timor-Leste. Proses ini, pada gilirannya, tergantung pada penahanan pra-sidang yang telah dijalani, yang rupanya juga menimbulkan banyak kebingungan.

Update keadilan ini akan meneliti kedua hal tersebut dengan menimbang pembebasan baru-baru ini yang berhubungan dengan pengabulan pengampunan. Pembebasan Bersyarat Dasar hukum untuk pembebasan bersyarat berasal dari Kitab Hukum Acara Pidana domestik. Judul Empat dari undang-undang ini mengatur, antara lain, tentang pelaksanaan hukuman penjara, dan mengandung prinsip serta kriteria yang mendasari pengabulan pembebasan bersyarat. Agar memenuhi persyaratan untuk diberi pembebasan bersyarat, terlebih dahulu tahanan harus menjalani hukuman yang melebihi enam bulan.

Dalam hal seperti ini, apabila lebih dari separuh hukuman penjara telah dijalani, pengadilan dapat mengambil keputusan tentang pembebasan bersyarat. Proses ini dapat dimulai dari permohonan, atau atas prakarsa pengadilan itu sendiri. Pengadilan dapat meminta pendapat dari Dinas Pelayanan Penjara dan Kantor Jaksa Agung tentang apakah tahanan pantas dibebaskan, namun putusan akhir harus diambil oleh hakim.

Biasanya pihak yang relevan akan menilai tingkah laku tahanan selama berada di penjara, serta kemampuan dan keinginannya untuk mengadaptasi kembali dalam masyarakat. Namun, tanpa melihat penilaian semacam ini, apabila seorang narapidana telah menjalani lima per enam dari hukuman tanpa pembebasan bersyarat, maka harus segera dibebaskan. Pasal ini dalam Kitab Hukum Acara Pidana rupanya aneh karena berarti bahwa tak seorang pun akan menjalani seluruh hukuman penjaranya yang dijatuhkan oleh pengadilan. Syarat dapat ditentukan, seperti harus melaporkan diri secara berkala kepada polisi lokal.

Kalau mantan narapidana tersebut diputus bersalah karena melakukan kejahatan lain sambil menjalani periode pembebasan bersyarat, dia dapat diberi peringatan, yang akan tergantung pada beratnya kejahatan, atau sebaliknya pembebasan bersyaratnya dapat diperpanjang atau dicabut. Permohonan yang diajukan atas nama Rogerio Lobato mengacu pada pendapat dari Kantor Jaksa Agung.

Pengadilan menafsirkan bahwa Lobato mulai menjalani hukuman penjara 7 tahun dan 6 bulan pada tanggal 22 Juni 2006 dan mencatat bahwa pengampunan yang diberikan mengurangi hukumannya sehingga menjadi 3 tahun dan 9 bulan. Laporan kejaksaan tentang Lobato memberi indikasi selanjutnya bahwa titik pertengahan untuk mengurangi hukumannya adalah 1 tahun, 10 bulan dan 15 hari, yang berarti bahwa dia boleh diberi pembebasan bersyarat pada tanggal 7 Mei 2008. Laporan itu tidak menyebutkan berapa lama Lobato tinggal di Malaysia dengan alasan ‘cuti medis’ dari penjara.

Kalkulasi juga diberikan menurut syarat “lima per enam”. Setelah mempertimbangkan pengurangan hukuman berdasarkan pengampunan, berarti hukuman maksimum adalah 3 tahun, 1 bulan dan 15 hari, yang berarti tanggal pembebasan bersyarat adalah 22 Maret 2010. Namun, surat perintah pembebasan mengacu pada kelakuan baik selama dia berada dalam penjara. Dokumen pengadilan yang meresmikan pembebasan Lobato menungkapkan bahwa catatan penjara tentang kelakuan baik sudah hilang.

Tidak jelas bagaimana dia memenuhi persyaratan untuk dianggap pantas menerima pembebasan bersyarat. Persyaratan untuk pembebasannya tidak mewajibkan syarat melaporkan diri, ataupun pembatasan agar tidak boleh memegang jabatan publik. Permohonan yang diajukan atas nama Joni Marques dan terpidana lain João da Costa Amaral, Paulo da Costa dan Gonsalo dos Santos, menunjukkan bahwa tindakan pengampunan yang ditentukan baru-baru ini (hukuman mereka telah diberi pemotongan sebelumnya oleh Presiden) selanjutnya mengurangi hukuman penjara 25 tahun sehingga menjadi 12 tahun dan 6 bulan.

Apabila mereka menjalani separuh hukuman maka berhak atas pembebasan bersyarat setelah 6 tahun dan 3 bulan. Apabila mengurangi penahanan pra-sidang, maka dapat dibebaskan pada Januari 2006. Surat perintah pembebasan mengacu pada catatan penjara yang menunjukkan bahwa mereka bekelakuan baik dan diberi pembebasan dengan syarat harus melaporkan diri setiap dua bulan sampai tahun 2012.

Penahaan Pra-sidang
Penahanan pra-sidang, yang sekali lagi diatur berdasarkan Kitab Hukum Acara Pidana, diterapkan secara luas di Timor-Leste. Sebenarnya, ada penelitian yang menunjukkan bahwa mayoritas orang di penjara saat ini berstatus sebagai tahanan pra-sidang. Sebagian besar dari mereka telah ditahan selama enam bulan ke atas.

Selain daripada persoalan utama ini, penahanan pra-sidang menciptakan sedikit kebingungan apabila menghitung waktu yang telah dijalani. Menurut Judul Enam dari undang-undang tersebut, yang memerinci tindakan pembatasan, ditentukan bahwa periode pra-sidang, atau penahanan ‘preventif’ dapat dikurangi dari hukuman yang dijatuhkan oleh pengadilan.

Permohonan untuk pembebasan bersyarat atas nama para terpidana dari Tim Alfa, termasuk Joni Marques, diputuskan setelah mempertimbangkan juga kalkulasi tentang penahanan pra-sidang. Surat Perintah Pembebasan menyatakan bahwa penahanan dimulai pada tanggal 31 Oktober 1999, pada saat para anggota milisi diserahkan kepada INTERFET oleh FALINTIL. Arsip-arsip tentang penahanan dari periode ini sudah hilang, yang berarti sulit untuk mengetahui sifat penahanan yang mereka jalani setelah itu. Upaya untuk memberlakukan secara berlaku surut semua penangkapan dan penahanan berdasarkan Regulasi UNTAET No. 14/2000 ditantang dan ditolak, walaupun kasus Tim Alfa tidak ditinjau.

Penahanan atas Marques dan lain-lain diserahkan pada otoritas negara pada bulan Juli, dengan memperpanjang penahanan mereka, suatu putusan yang menimbulkan banyak perdebatan. Persoalan tentang apakah penahanan mereka termasuk dalam yurisdiksi domestik atau intenasional tidak pernah diselesaikan. Kesimpulan Penilaian yudisial tentang ‘kelakukan baik selama dalam penjara’, yang mendasari keputusan tentang pembebasan bersyarat, rupanya hanya sebagai formalitas saja dan tergantung pada rekomendasi dari kejaksaan. Tidak banyak bukti bahwa catatan penjara diteliti secara seksama, atau bahwa catatan tersebut dapat digunakan. Rupanya bahwa Joni Marques tidak didiskwalifikasi dari pembebasan bersyarat, walaupun dia pernah melarikan diri dari penjara untuk waktu singkat.

Persoalan terkait tentang penahanan pra-sidang masih menimbulkan kebingungan. Selain daripada prevalensi dan panjangnya penahanan tersebut, ada juga persoalan tentang keabsahannya. Sejarah hukum yang kompleks di Timor Leste menimbulkan pertanyaan yang belum terjawab tentang jenis penahanan yang dapat dikalkulasi sebagai hukuman yang telah dijalani, yang menyangkut penahanan militer, internasional atau domestik.

Untuk informasi lebih lanjut harap hubungi:Timotio de DeusDirektur JSMPEmail: timotio@jsmp.minihub.org Telepon: 3323883

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FRETILIN

MEDIA RELEASE

13 JULY 2008

FRETILIN demands President, Vice Presidents and Secretaries of Parliament release documents regarding purchase of luxury vehicles for MPs.

FRETILIN parliamentary group deputy leader, Francisco Miranda Branco today demanded that the President, Vice Presidents and Secretaries of the National Parliament (known as the "Parliamentary Administration") provide copies of the contract and Commitment Payment Vouchers ("CPV") for the proposed purchase of luxury 4 wheel drive vehicles for members of the national parliament.

"Despite repeated calls to do so by our party group, and the National Unity Party group, the Parliamentary Administration have thus far failed to divulge to us copies of the contract and CPV documents. This is not a particularly difficult request, nor does it involve matters that are secretive to either them or the ministry of finance. This is the people's money, and it involves money that concern all of us MPs. There is no reason whatsoever not to release the documents we have requested, " said Branco.

According to Branco it is very important for the copies of the documents that were requested to be urgently made public because a public controversy is currently raging regarding this issue, and there have even been demonstratiuons demanding answears to questions like how much these luxury vehicles will cost the state, and where the budget to pay for them exists or will exist.

"It is extremely important to all of us MPs and for civil society to see with our own eyes the details so that we can inform the public of the truth of the matter. Otherwise, this matter will remain a matter of public controversy. Because of this I say it is very important and urgent that these documents be divulged publicly."

"The continued failure of the Parliamentary Administration to provide us with copies of the documents requested has lead many people to conclude that there is no transparency in the management of the parliament's finances. We tend to agree and ask the administration to quickly reform themselves in this regard," Branco added.

This week the national parliament will commence to debate the Revised Budget from the de facto AMP government which seeks to increase the current budget by 122%.

"It is they in the AMP who have defended the purchase of these luxury vehicles. But those of us from the parties who have questioned it are unable to obtain the documents regarding the proposed purchase or the documents filed with the ministry of finance. This shows yet again that the AMP regime is not transparent in its administration and does not have the political will to manage the budget and its expenditure with the minimum of transparency, because they cannot even do something as easy and simple as provide documents that are public and not confidential in any way."

'If they cannot be trusted to show transparency with such a small matter, how can we trust them to execute a budget which is 122% bigger than the existing budget transparently? This is the people's money, not the administrations or the parliament's. Because of this we all have a right as the peoples' representatives to access the detailed information regarding the process of the proposed purchase,' Branco concluded.

For further information contact: Jose Teixeira +670 728 7080

Nilva Guimaraes +670 734 0389

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Link to the text of the increased rice contract


Post sponsored by East Timor Legal Information Site

By Lucy Williamson BBC News, Jakarta

The Indonesian army funded militias that committed human rights abuses in East Timor, according to a truth commission report seen by the BBC.

The commission has been investigating human rights violations committed as Indonesia withdrew from East Timor nine years ago.

It says the Indonesian army was responsible for gross human rights abuses carried out by militias there. Read more...

Post sponsored by East Timor Law Journal

Jul 9 (12 hours ago) via jornalista-timor@yahoogroups.com

GUSMAO GOVERNMENT ARRESTS 21 STUDENTS ON MONDAY AND TUESDAY

Dili news by Thomas Freitas.

On Monday morning at 9 o clock, approximatley one hundred students held a protest on their campus, East Timor National University, against the members of the National Parliament. The students are not happy about the MPs who will buy vehicles for themselves, a car each for each member of Parliament. While the students protested peacefully by holding banners, the cost of the protest has resulted in 21 students being detained by the Timorese National Police.

The law states that there may be no demonstrations within 100 metres of government buildings. However the students were protesting on their own campus. The location of the campus is indeed less than 100 metres from the National Parliament; however this is the student's campus, an important place for expression of free speech and demonstrations. The order to arrest the students is not clear come from who? everyones believed thats order came from PM Gusmao himself.

On 23 May 2008, the Council of Ministers has approved the final draft of Mid Year Budget 2008; the total proposed amount is US$773.312 million, to be spent as follows: US$59.4 Million for 12.600 civil servents salaries including Police and Defence Force, US$240 for the food crisis and US$207,4 for Goods and Services, US$1.4 Million of US$39,4 Million from Minor capital item will buy cars for each member of National Parliament, US$114,7 Million for Infrastructure development and US$112,2 Million for pension and social security budget.

The Gusmao Government has almost spent 30% of the Petroleum Fund in his budget deficit. It has cut down the domestic income tax to almost 10% flat rate. The Petroleum Fund established by Fretilin Government has been recognised as the third best transparency model in the world, and now the Fund itself is almost gone.

In order to be sustainable, only US$396.1 Million can be taken out of the Fund, but the Gusmao government has taken an extra US$290.7 Million to balance the prices of construction material and to assist in the food crisis, through tasking his friend, the Vice secretary general of CNRT purchase rice in Asian countries without tender.

The lack of budget execution does not bother Gusmao in increasing the budget. Only US$31.9 from US$347.5 Million has actually been executed for this first trimester; even his previous execution on the transitional budget was not certifiedby the Delloitte Company, who usuallly certifies the execution report from the Timorese government.

The issues of the purchase of luxury cars and the petroleum fund are now big issues in Dili and the whole of the country. Civil society, media and the Timorese people has criticised this budget, but the academics are silent because their money comes from the government. The minister of education Joao Cancio has criticised the estudents, and asked them not to use the Campus as a place for demonstrations. Ironically this minister was previously the Head of the Dili Institute Technology, one of the country's universities.

Today, the student demonstrations are continuing. The police continue to protected the parliament zone and have arrested more than 17 student in this morning.

The crackdown on the students is ironic, considering the pivotal role that students played in East Timor's struggle for independence, a role that PM Gusmao himself has previously acknowledged.

Dili, 12.35 Pm

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Continue to fight: 37 students detained, 4 women – Timor Post

Even though the Government has used police forces to arrest 37 students, there is still no sign that the demonstrations will end any time soon.

The Association of Timor-Leste Students (ASUTL) stated yesterday that the demonstrations will continue until the National Parliaments changes its plan to purchase the luxurious cars from Japan.

After meeting with NP President Fernando Lasama de Araujo, the Coordinator of ASUTL Santiago Ximenes Vaz said in response to Lasama’s statement that the government would not change its plan, that the demonstrations would continue.

Mr Vas said that the students are also demanding that the detained students be released.
In response, PNTL Spokesperson João Belo said that he has no authority to release the detained students.

“We have no right to release people we have arrested as this needs to follow the judicial process. Such cases will be presented to the prosecutor,” said Mr Belo.

PNTL condemned for student arrests– Timor Post

Even though they are upholding law and order by arresting the protestors, the National Police of Timor-Leste (PNTL) are being strongly condemned by key members of civil society.

Luta Hamutuk’s Spokesperson, Joãozito Viana, said that he believes the PNTL’s motives have been to silence not only the students, but the people as the student’s have given a voice to the voiceless.

He said that it is normal to hold demonstrations in a democratic nation like Timor-Leste and that everyone should be proud of the moral sensibility of the students to give voice to the suffering of the masses.

The United Former Political Prisoners of Indonesian occupation have also strongly condemned the actions of the police.

“We are very concerned about the attitudes of PNTL-UNPol against the students,” said Mr. Gregorio, member of the former political prisoners.

Mr Gregorio has demanded the PDHJ cooperate with the UNMIT Human Rights unit to investigate these cases and to publicize the results.

Fretilin: condemns the attitude of PNTL-UNpol – Suara Timor Lorosa’e

Fretilin has strongly condemned the actions of PNTL/UNPol against the students, claiming that it is violating their human rights.

The party said that these actions are reminiscent of the behaviour of the TNI (National Army of Indonesia) which systematically violated human rights during the 24 years of occupation.

Fretilin also believes that the demands of the students are reasonable.

Fretilin MP Osorio Florindo said that UNPol should know better as it is their mission in Timor-Leste to calm the situation, not to provoke. “I think that UNPol should be setting a better example for the PNTL,” said Mr. Florindo.

Civil society preoccupied with the ratified budget – Suara Timor Lorosa’e

Viriatu Seac from Lao Hamutuk has said that members of civil society are preoccupied with the ratified budget as proposed by the Government for the 2008 General State Budget.

“We are preoccupied with the ratified budget which is higher- whether the Government is going to execute it all by the end of the year or not. If we just spend the budget and there is no income, it will have a big effect on our country,” said Mr. Seac.

“We see that the ratified budget is too big; there is an annual budget of US$347. Then there is the ratified budget of US$400+M. so the AMP Government plans to spend about US$700 this year.”

Ed: peaceful acts get violent treatment – Diario Nacional

The peaceful acts of the university students have been met with violence by the police. The response of the police has solicited much concern among the public and especially among the academics at the university as the police have violated the autonomy of the campus.

Recently, there have been protests against the parliament – maybe people have lost faith in their representatives because they don’t believe they have listened to the needs of the people.
We did not think that such actions and arrests would happen again, but they have.

How to solve the problem … dialogue; protest and demonstrations may not bring solutions. The arrogance of the Parliament will also not bring a solution. Both parts should sit together to create a solution. We wait …

Syndicated by East Timor Legal News

delivered July 7, 2008

University Students protest will be carried on today in Dili.A petition was delivered yesterday to the following institutions-

Parliament: Received by the President of the Parliament, Fernando Lasama and the two vice-Presidents of the Parliament, Vicente Guterres and Maria Paixão.

- Office of the President: Received by the Chief of the Cabinet, Ms Natalia Carrascalão

- Office of the Prime Minister: Received by Ms Elisabeth Exposto

- F-FDTL: Received by Colonel Lere

The students will deliver today the same petition to the Court of Appeal and the Office of the Ombudsman.

This petition was presented by ASUTIL (Timor Leste University Students Solidarity Action) and aims at raising concerns of the people of Timor-Leste.

It demands the following:

that state institutions look into measures to decrease food prices to allow people to have greater access to food

that the President of the Republic uses his power of veto to block the rectifiying budget because it is too high, the government is incapable spending it appropriately, it is only going to further benefit the powerful elite, it would lead to corruption and also lead to greater dependency of Timor-Leste on debts when the country stops receiving revenues from the petroleum resources. This could happen in the very near future.

that the Parliament blocks the proposal on the arms law in which article 4 is a major concern

that the President and the both Vice-Presidents of the Parliament should not change the agreement they had made with the students on the 12 June 2008 in regards to the purchase of the luxury cars for the parliamentarians. On this agreement they were told that only 26 cars would be purchased for the Parliament Committees.

that Mariano Sabino, the Minister of Agriculture should stop making agreements to provide land for foreign companies for sugar cane and rubber plantations because people need this land for food production.

that the President meets the students to hold talks on scholarships which should have taken place on the 11th of February 2008 (the date of the assassination attempt on the President).

that government should resolve the issue of Internally Displaced People to avoid having refugees in our own country.

A peace march will be organized to defend people’s rights if the students’ demands are not met.

Action Coordinator: Santiago Ximenes Vaz “Kilikai Mata”

Spokesperson: Marcos Guterres Gusmão “Auraga”Dili, 7 July 2008Contact: +670 737 9007

Post sponsored by East Timor Law Journal - Towards the rule of law in Timor-Leste.

Media Release: FRETILINJuly 9, 2000

The Gusmao de facto AMP government and its allies in the national parliament have to listen to Amnesty International's concerns, said the MPs from FRETILIN yesterday, as a further 21 students were arrested while holding another peaceful protest against government corruption.

FRETILIN is the largest party in the Timor-Leste parliament.

"We as Timorese who resisted against the Suharto military regime, in many instances have Amnesty International to thank for helping to save our lives," said Aniceto Guterres, leader of the FRETILIN parliamentary group.

"Many Timorese escaped death and torture because Amnesty International was our defender throughout the world, at a time when we did not have a voice, when there were few who would listen to our cries. They were listening only to the large nations, big powers, listening mostly to the Indonesians.

On Monday, July 7, Amnesty called on police in Timor-Leste not to use excessive force on student protestors.

They also said: "We urge security forces to respect people's right to protest peacefully. Individuals should have the freedom to express their views in public through legitimate protest.
"According to press reports, today saw a number of people detained 'for investigation purposes' at one demonstration in Dili. We also ask for any individuals detained for protesting to be charged with a recognizably criminal offence, or released immediately," said Amnesty International.

Guterres urged members of parliament and the de facto government not to forget that their constitution consecrates the right to demonstrate as a basic right in their democracy. "We want to remind everyone of this basic principle and give our unqualified support to the exercise of this right," he said.

"All FRETILIN members of parliament would also like to make it clear that after we investigated Monday's events, we found that the students had acted peacefully and in accordance with the law. We condemn the use of what we regard in the circumstances to have been excessive force by the Police," Aniceto Guterres said.

The law on public demonstrations does not require police authorization before a demonstration can proceed. It merely requires notice be given to the police. "We have seen the letter from the police to the students 'denying authorization' for the demonstration. This is not required by law," said Guterres on behalf of the FRETILIN MPs.

As has been widely televised and witnessed, the students involved on Monday were not on the road, they were standing on the verandah of the university. The police entered the verandah to arrest them. The students were standing peacefully and with dignity.

"Our view is that Monday's actions by the police were illegal and we do not accept their actions," said Guterres. "FRETILIN members of parliament clearly declare that we have no objections to anyone demonstrating in front of the parliament peacefully and in a democratic spirit. That's democracy. In 2006 and 2007, the FRETILIN government was faced with many such demonstrations. We do not mind if people want to express their criticism of their politicians.

That is their right.

"Long live democracy. Long Live the RDTL. Long live the Maubere People," concluded Guterres.

Contact: Jose Teixeira +670 728 7080
Nilva Guimaraes: + 670 727 0458

Syndicated by East Timor Legal News

Life Science Weekly

July 8, 2008OCEAN RESEARCH - Researchers from University of Queensland describe findings in ocean researchAccording to a study from Brisbane, Australia, "Customary land tenure claims provide a useful analogy for customary access and usage rights to critical water resources. In an increasingly water-constrained future, such rights are at risk of political and economic contestation and local communities may find themselves abruptly divested of critical water resources just when they need them most."

"The new nation of East Timor is not abundantly endowed with water and inland sources are particularly vulnerable to the impacts of reduced rainfall and groundwater contamination. Recently MeWilliam (2003) has suggested that in future disputes over Timorese sea tenures, the recognition of customary access or exclusive property rights to specific water resources will depend upon clearly articulated evidence of longstanding cultural associations and interactions with the aquatic landscape.

The ethnographic literature provides substantiating accounts of the centrality of water in the local cosmologies of various East Timorese ethnic groups. This paper extends McWilliam's marine argument to inland water resources by reviewing the salient ethnographic evidence for Bunaq, Mumbai and Eastern Tetum populations to show that water is a key organising metaphor in the expression of Timorese kingroup affiliation, social identity and power relations.

Local ritual practices further affirm customary rights of access and water use," wrote M. Jennaway and colleagues, University of Queensland (see also <http://www.newsrx.com/library/topics/Ocean-Research.html>Ocean Research).

The researchers concluded: "There is an urgent need for such customary rights to water to be recognized in the current redistribution and demarcation of internal boundaries in East Timor, as well as in future struggles against vested economic and political interests."

Jennaway and colleagues published the results of their research in Oceania (Aquatic identities, fluid economies: Water affinities and authenticating narratives of belonging in East Timorese myth and ritual. Oceania, 2008;78(1):17-29).

For additional information, contact M. Jennaway, University of Queensland, Brisbane, Qld 4072, Australia.The publisher of the journal Oceania can be contacted at: Oceania Publications, University Sydney, Sydney, 2006, Australia.Keywords: Australia, Brisbane, Life Sciences, Ocean Research, University of Queensland.

UNMIT Daily Media Review 08 July 2008

Horta condemns police action – Diario Nacional

The police have shot two students and arrested 21 at the university campus following student demonstrations against the Parliament’s plan to purchase cars for the MPs. The students who were shot have sustained wounds. President José Ramos-Horta has condemned these actions by the PNTL and has stood up for the rights of students to campaign in their own campus.

Members of the Social Science Faculty Senate Carolino Marques and João Nascimento said that the demonstration is an academic right. PR Horta explained that as the campus is autonomous, no one has the right to violate it, but if there is violence, then the university authorities may ask for police intervention.

Police capture protesters. Osorio: “Dictatorship is starting to appear” – Diario Nacional

The National Police of Timor-Leste (PNTL) have shot and wounded two students at the campus of Universidade Nasional Timor Lorosa’e (UNTL) on Monday (7/7). Twenty one university students were also arrested as they protested against the planned purchase of luxury cars by MPs. Fretilin MP Osorio Florindo said that the PNTL’s action reminded him of November 14, 1997 when the Indonesian military took violent action against the East Timorese University. They destroyed property and wounded many of the students.

Mr Florindo said that the attitude of PNTL on such occasions was leading to a dictatorship in Timor-Leste. “There is no law that prevents people from holding demonstrations in their homes or campus ….Even during Indonesian times, no miliitary or police entered the campus without provocation. Today, even though the students have remained peaceful, they are shot at and threatened.” He has appealed to the students to not be frightened and to remain calm.

Lasama appeals for studnts to be calm – Diario Nacional and Suara Timor Lorosa’e

NP President Fernando de Araujo Lasama has asked the students not to be emotional when holding demonstrations. Lasama said that the National Parliament will proceed with the car purchases as this has already been included in the budget set to be approved in the next few days. “Luxury cars are BMW and Mercedes [Benz].

The police also use [Toyota] Prados and Pajeros in the country. Are these luxurious cars?” asked Mr Lasama on Monday (7/7) in the National Parliament. Ed: Petroleum fund, people’s money – Diario Nacional Recently, members of civil society, political parties, and the opposition party have strongly questioned the use of the petroleum fund by the Government to run its programs.

The criticisms are that the government has no program and is just using the money. The Prime Minister has retorted that that those who are questioning the Government are stupid and frustrated- the fund is the people’s money and is being used for the people. His statement is right that the money should not only be saved in the US Bank but should be used to benefit people of the country.

However, everyone in this country has a right to know how the money is being executed and allocated; the people’s money should be used for the people but it should also be based on appropriate plans and programs. We wait …

CTF report to hand over in Bali – Timor Post

Pending confirmation from Indoneisa, the final report of the Timor-Leste/Indonesian Commission of Truth and Friendship (CTF) is set to be handed over on 15 July 2008 in Bali, Indonesia. “We agree on the data, 15 July but still waiting for Indonesia’s confirmation,” said The Minister of Foreign Affairs and Cooperation, Zacarias Albano da Costa. The Timor-Leste and Indonesia Commissaries will directly give the final report to the Presidents of Indonesia and Timor-Leste.

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7 July 2008 - Amnesty International today called on police in Timor Leste not to use excessive force on student protestors.

"We urge security forces to respect people's right to protest peacefully. Individuals should have the freedom to express their views in public through legitimate protest," Amnesty International said.

According to press reports, today saw a number of people detained "for investigation purposes" at one demonstration in Dili.

"We also ask for any individuals detained for protesting to be charged with a recognisably criminal offence, or released immediately," said Amnesty International.

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Published at 7:13pm on 8 July 2008 Radio New Zealand

East Timorese and United Nations anti-riot police arrested at least 16 students on Tuesday during a second day of protests against a plan to import cars for its 65 politicians.

In June, parliament decided to buy Toyota Land Cruisers. The students claim the government ordered 65 vehicles from Japan for more than $US2 million, but the government says the order is for 26 cars at $US900,000. Read more...


East Timor Law Journal - Towards the rule of law in Timor-Leste

East Timor police use tear gas on students protesting government spending

Mike Rosen-Molina at 12:44 PM ET

[JURIST] A UN spokesperson said that East Timor [JURIST news archive] police used teargas on a group of 200 students who were demonstrating before the National Parliament [official backgrounder] on Monday. Police reportedly used force against the students and arrested 21 protesters who disregarded police instructions to disperse.

The protesters had accused the government of spending over $2 million on luxury cars for legislators, using funds that the protesters argued should be spent on alleviating poverty and subsidizing rising oil prices. AFP has more.

Reuters has additional coverage.Monday's protest comes amid rising tensions in East Timor, prompting comparisons to the run-up to the 2006 clashes between soldiers and police [BBC backgrounder] that killed 21 and displaced thousands.

Earlier this year, the National Parliament declared a state of emergency [JURIST report] in response to the attempted assassination of President Jose Ramos-Horta and Prime Minister Xanana Gusmao [BBC profiles] by rebel forces.

In June 2006, then UN Secretary-General Kofi Annan [official website] asked the UN High Commissioner for Human Rights [official website] to establish an independent commission to investigate a surge in violence [JURIST reports] in East Timor. The UN sent more than 2,000 international peacekeepers to the Timorese capital of Dili in a month-long mission to help quell the violence.

JSMP: Horta wrong over amnesty law – Timor Post

The Non-Governmental Organization, Judicial System Monitoring Program (JSMP), has said that they consider the President’s plan for the amnesty law to be a mistake. The Acting Director of JSMP Casimiro dos Santos said that the amnesty law, approved in the Presidential Cabinet, has taken away criminal responsibility of those directly involved in the 2006 crisis.
JSMP stated that while the court still lacks human resources, it is good to allocate the budget for such programs to solve such cases as those of the 2006 crisis.

PM Xanana: payment for the petitioners in final process – Diario Nacional

Prime Minister Xanana Gusmão said that the payment process for the petitioners is in its final stages. “ I am surprised at Major Tara: we have fed them [petitioners] and supported them, and now he [Tara] is talking to the media with no direction; the pension is in the final stages of being processed,” said PM Gusmão on Friday (3/7) in Bairo Formosa, Dili.

Ed: Good for PM Xanana to respond in Parliament - Suara Timor Lorosa’e

PM Xanana stated that he is ready to respond in Parliament to Fretilin’s allegations that there was corruption, collusion and nepotism (CCN) in the process to give the contract for the rice distribution.

The accusation is based on the contract letter with the PM’s signature to give the contract to a single source, the Tres Amigos Company, to buy and provide rice. “I am ready to respond and discuss the process of the contract,” said the PM.

Is it true that the process of contract should be considered as CCN? The PM said that he signed the contract to respond to people’s need as there is no rice in most places. Many are starving. The opposition party is pressuring the Government to immediately take action.

In this kind of atmosphere, what should be the priority? The legal process or people’s need? Of course, people’s needs.

Here is a question to consider: is the rice sourced from here? If the rice has been distributed to those who are starving and everyone buys it, is this CCN?

The process of granting the contract cannot be classified as a CCN, even though it did not follow the legal process – the position taken by the PM is for the necessity of country, not for himself, his family, or for any party.

But, the PM should go to the Parliament to respond to the allegations that are daily getting bigger.


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ABC Radio Australia East Timor's Oppositiion Fretilin Party has called on the Prime Minister Xanana Gusmao to explain why a lucrative contract has gone to a member of his party the CNRT. The contract for the importation of rice has been doubled to 16,000 tons to provide improved food security in the country. Read more...


Palacio do Governo, Dili





East Timor Legal News - More than just the news!

07 Jul 2008 05:19:24 GMT 07 Jul 2008 05:19:24 GMT Source: Reuters By Tito Belo

DILI, July 7 (Reuters) - East Timor police arrested 21 people and fired tear gas to disperse a protest against a parliament decision to buy 65 luxury cars -- one for each member of parliament -- in one of the world's poorest nations.

Around 1,000 protesters, mostly students, staged a rally at the parliament building, carrying the national black and red Timorese flag and banners saying, "Stand up East Timor, Fight Against Immoral Decisions".

They were also protesting against a bill being discussed in parliament which will allow prosecutors and members of the intelligence service to possess weapons. Read the whole story...

See also East Timor police move on students By Lucy Williamson BBC News

Police in East Timor's capital, Dili, have fired tear gas into the grounds of the national university and arrested several students, reports say.

The students were demonstrating against plans by the parliament to spend $1m (£500,000) on new cars for MPs.

Eyewitnesses told the BBC that local police had fired rounds of tear gas at lines of peacefully protesting students inside the grounds of the university.

UN police were also part of the operation, beside the parliament. Read the whole story...


See also Students arrested, hurt after East Timor protest - ABC Radio Australia

At least 20 students have been arrested and one injured after East Timorese police broke up a protest at a Dili university.Around 200 students took part in the demonstration at the National University of Timor Leste to protest over imported cars for politicians, saying the money would be better spent on the poor.Police fired tear gas at the students and one protester was hit by a gas canister and rushed to hospital. Read more...

East Timor National Media Reports

Ambassador Klemm: AMP and Fretilin should reconcile – Suara Tiimor Lorosa’e
Ambassador of the United States in Timor-Leste Hans Klemm is asking the leaders of the Alliance Majority in the Parliament (AMP) and opposition group Fretilin, AD and PUN to continue reconciliation to guarantee peace, security and prosperity for the people of the nation.The Ambassador believes that, in general, the Government institutions are functioning well in the country, but emphasised the importance of the leaders working together to guarantee peace and stability.“I see that democracy functions in the National Parliament because the opposition demonstrates that it functions,” said Ambassador Klemm on Thursday (3/7) in Pantai Kelapa, Dili.The Ambassador also said he appreciates the discussion by the MPs of the State Budget in NP and noted that the opposition group has shown their capacity by contributing constructive criticism.

TL-Australia signing MOU: to improve security and justice system – Suara Timor Lorosa’e
The Government of Timor-Leste and Australia signed a Memorandum of Understanding (MOU) related to security and justice in Timor-Leste.The MOU signed by the Secretary of State for Security Francisco Guterres and the Minister of Interior of Australia Bob Debus, was witnessed by Prime Minister Xanana Gusmão, Ambassador of Australia in Timor-Leste, Minister of Justice and other members of the Government on Thursday (3/7) in the capital’s Government Palace.Minister Debus visited Timor-Leste to meet PM Gusmão to discuss security, particularly the work of the National Police of Timor-Leste (PNTL) and other subject matters related to justice.The main objective of Debus’ visit is to see directly the assistance of the Australian Federal Police (AFP) to PNTL through the program of PNTL development.
“I feel happy to visit Timor-Leste and witness the signing of the project plan to widen language training, general education of the police and executive management of PNTL,” said Minister Debus.

PM Xanana gives rice contract to Vice President of CNRT. Fretilin-Cecilio: indication of collusion, corruption and nepotism (CCN) – Timor Post
The rice contract PM Xanana’s AMP Government made with the Director of Tres Amigos Ltd. and also the Vice President of CNRT Germano da Silva stirred polemics within the opposition party, Fretilin and some MPs from the CNRT party itself.The two parties (Fretilin and CNRT MP) said that the contract which was directly signed by PM Xanana Gusmão as the President of CNRT giving authorization to his Vice President, shows bad administration and indicates collusion, corruption and nepotism (CCN).The contact shows that procurement has given the amount of US$4M and 80 thousand – US$14M. The contract letter was issued from the Ministry of Finance, not the Office of Prime Minister.CNRT Member of Parliament Cecilio Caminha said that the amount of money is larger than the budget for food security proposed by the Government to the National Parliament.

“I just want to say that the amount of money for food security of 2008 as proposed by the Government is only US$4M. This means that it does not correspond. The Government has to explain the process used,” said MP Caminha.Separately, Fretilin’s MP Arsenio Bano said that these actions by PM Gusmao with his friend Germano, is an indication of CCN and goes against the people.“I do say it is CCN as we all know that Mr. Germano was the Cabinet Chief for President Xanana. Now, he is the Vice President for Xanana of CNRT. What I do not know is if the amount is bigger than what has been proposed by the Government or if NP approved it or not,” said Mr. Bano.

PM Xanana: going to kick out corrupt minister – Diario Nacional
PM Xanana Gusmão said that as the Chief of the Government, he is ready to kick out ministers who are corrupt, but those who accuse should provide evidence of the corruption.

“If the evidence is provided now, I will give one month to any minister to defend himself in the court,” said PM Gusmão on Thursday (3/7) in response to information that some ministers have encountered corruption.

Former member of Alfredo imprisoned in the preventive prison – Radio Timor-Leste, Suara Timor Lorosa’e annd Timor Post
The hearing process conducted by national judge Guilhermino da Silva and attorney Felismino Cardoso, Dili Court decided on preventive prison for Caetano Valente because it was evident that he was involved in the attack on President Horta on 11 February 2008.

After the hearing, Felismino Cardoso told TVTL that the decision from the judge was just and adequate because there was strong evidence that the accused broke the regulation of UNTAET no 44.7/5/2000, article 64 regarding attempted murder and penal code 338 regarding the use of weapon and military uniforms.At the same time, the advocate of the accused, Laura Valente Lay, said she was not satisfied with the decision from the judge and she is going to submit an appeal to the Court of Appeal to move against the decision from Dili Court.

According to news, the accused Caetano was immediately delivered by NDI police to preventive prison in Becora after the hearing process.Front of Timor-Leste Students (FMTL) denies of being supported by political party – Televisaun Timor-LesteFront Mahasiswa Timor Leste (FMTL) denied the statement from NP that they had been supported by any political party during the demonstration last month.

Through a press conference in Caicoli yesterday, Front Student of Timor Leste which is composed of students from UNTL and UNDIL declared that they were not supported by any organization or political party during the demonstration which took place for two days on 11 to 12 June 2008.Apart from that, they also continue to disagree with National Parliament members who want to buy 65 luxurious cars for all deputies.

Furthermore, they stated that they will ask the President of Republic to veto the proposal of ratifying budget when it is approved and to play the video in which the NP on 12 June agreed with FMTL not to buy 65 cars. In addition, they threatened to undertake a hunger-strike in front of National Parliament.

The officials of F-FDTL to recruit 300 new members this month – Televisaun Timor-Leste

After participating in the launching ceremony of the construction of F-FDTL training centre in Metinaro, Brigadier Taur Matan Ruak informed that the recruitment this year will give priority to those between the ages of 18 to 30 years old.“Probably, from 15 July onwards we shall distribute the form to all young people in thirteen districts and the criteria will be written in the form. For those who want to be officials, we will recruit those men aged 30 years old and the maximal standard of education is a master’s degree,” explained Taur. According to plan, the recruitment process will take place in the education centre of F-FDTL in Metinaro – Dili.

215 families of IDP of Police Academy Camp return home – Televisaun Timor-Leste
Two hundred and fifteen families of IDPs in the Police Academy office returned to their respective houses.Yesterday (3/7), those IDPs who have been occupying the Police Academy since 2006 crisis decided to return to their places.

At that time, State Secretary of Social Assistance and Natural Disaster Jacinto Rigoberto de Deus said the process of reintegration was a contribution for the Government to solve the problem of this country.“You really contribute and participate in the development of this nation. Based on your decision, the Government is ready to attend to and integrate all of you to your homes”, said Jacinto.Given the opportunity, the IDPs questioned the security for them and asked the Government to compensate them for their goods that had been destroyed during the 2006 crisis.

Australia and TL government signed MoU about the reformation law to improve the capacity of PNTL – Radio Timor-Leste
The Secretary of State for Security Fransisco Guterres yesterday in Government Palace said “in MoU cooperation agreement with Australia, they (Australia) are ready to support PNTL in basic training of such disciplines as intelligence and investigation, serving the law and also trainings for PNTL leaders in management, administration and decision-making”.

Guterres added that based on the plan, the training might be realised in August this year and for basic training in 2009 when recruitment is conducted for new members of PNTL.

At a press conference yesterday in the Government Palace among the Council Ministers, Hermenegildo Pereira ‘Agio’ said “the (CM) approved a resolution to hold a national campaign to collect the illegal weapons that are still spread throughout all the territories and which is scheduled from 15 July to 15 August in cooperation with ISF, F-FDTL and PNTL”.

Syndicated by East Timor Legal Information Site

India ready to train F-FDTL- TVTL
The Indian Government has declared its readiness to assist Timor Leste by training the F-FDTL. Captain Paban Gohan from the Indian Naval Contingent yesterday met with the State Secretary of Defence Julio Tomas Pinto in the Government Palace. During the meeting, they talked about the intention of the Indian Government to enhance the naval capacity of F-FDTL by training them in India. However, a formal agreement has not yet been signed. “During the meeting they asked me about cooperation and I said that Timor Leste is ready to cooperate with any country. We do not care about different backgrounds or ideology…I told them that the first thing we neeed to do is formalize this military cooperation by signing a Memorandum of Understanding,” said Mr Pinto.

Population hands over arms- TVTL
Early this week, people from Baucau voluntarily handed over illegal arms to the local policy. The weapons included rakitan, grenades, magasen and munitions. According to PNTL Spokesperson Inspector Moises Amaral the arms were voluntarily handed over by community members last Tuesday at 14:30 p.m. in Kelekai, aldeia Osoleru. Mr Armaral thanked the community in Osoleru on behalf of the PNTL for their acts of good faith in handing over the weapons and asked all people in all districts to follow this example.

2687 families return home: 16 IDP camps closed – Suara Timor Lorosaa’e
During this year, the AMP Government has returned home 2687 families who had been living in 16 IDP camps. The big IDP camps that have not closed yet are Aero Porto, Metinaro, Dom Bosco, Obrigado Barracks among other small camps spread through Dili. According to the plan of the Ministry of Social and Solidarity, Aero Porto Camp will be closed at the end of the month.

TMR: recruitment preparation depends on accreditation – Suara Timor Lorosa’e
The General Commander of F-FDTL Taur Matan Ruak has said that the recruitment process taking place this month for new F-FDTL members will be based on an accreditation system. During his meeting with President Ramos-Horta on Wednesday (2/7) TMR informed the President about the preparation within F-FDTL on the recruitment process.

Luxurious cars for MPs: FMTL threatens to demonstration – Timor Post The
Front of Timor-Leste Students (FMTL) will be back to the streets to demonstrate the plan to purchase luxury cars for MPS. The FMTL Spokesperson, Xisto dos Santos, said that if the National Parliament does not cancel its plan to buy cars then a great demonstration and campaign will be held throughout the country.

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MINISTRY OF SOCIAL SOLIDARITY
PRESS RELEASE
3 July 2008

235 IDPs from Police Academy camp return home

Commencing today, as part of the government’s Hamutuk Hari’i Futuru national recovery strategy, 235 families from the Police Academy IDP camp will be assisted to return to their homes.

The Secretary of State for Social Assistance and Natural Disasters, Jacinto Rigoberto Gomes, told the IDPs “you have decided it is time to return home, and with this decision you have indicated that you wish to contribute to the development of this country, and help resolve the problems of IDPs.” He added, “the government is ready to help you reintegrate into your communities. If you face difficulties, MSS will work together with UN agencies, NGOs and local authorities to try to help you resolve these difficulties through mediation. We know that it is difficult to rebuild your houses, and for this reason the Ministry of Social Solidarity is providing those of you whose houses were damaged or destroyed with a recovery grant to help you rebuild or repair your homes. In this way, the government is also continuing to demonstrate its commitment to the development of Timor-Leste.”

The Camp Manager of the Police Academy camp, Antonio da Luz, thanked the staff of Hamutuk Hari’i Futuru for helping the IDPs to reintegrate into their communities. “We are pleased to return, and hope we will be happy back in our houses and can contribute to the development of this nation. Although we are leaving the camp today, we will remain together in our hearts. We ask the government to help ensure security in our communities of return.”

The Secretary of State for Social Assistance and Natural Disasters, Jacinto Rigoberto Gomes, thanked the Camp Manager for his work in the camp over the past two years. He also thanked CRS, which provided Police Academy camp with humanitarian assistance, and UNICEF for their water and sanitation support to the camp over the past two years. The Secretary of State also thanked the Chefe Aldeias and Chefe Sucos in the receiving communities for their work with MSS to ensure that the situation in their areas of return will remain peaceful.

Earlier this week, more than 200 IDPs from Karantina and UNITAL transitional shelter sites who were able to return home commenced reintegrating into their communities. With the return of the IDPs from Police Academy camp a total of more than 2500 IDP families will have received a recovery package under the Hamutuk Hari’i Futuru National Recovery Strategy.MSS has now finished registering people’s wishes for resettlement. The verification process is ongoing in a number of camps. The next camp to be assisted to return will be the Airport camp. MSS knows that all IDPs want to return home soon. The government has a camp return schedule, and asks IDPs to please be patient. MSS is committed to helping everyone who wishes to return to do so.

ADB-Timor Leste Partner On First Domestic Commercial Bank
Thursday: July 03, 2008

Asian Development BankThe Government of Timor-Leste, the Foundation for Poverty Reduction, and the Asian Development Bank (ADB) signed a Memorandum of Understanding (MOU) to strengthen the Institute of Microfinance Timor-Leste (Instituição De Microfinanças De Timor Leste), IMfTL, to create the country’s first domestic commercial bank.

The MOU paves the way forward to help reposition IMfTL to become a small, sustainable, and private sector-oriented commercial bank, allowing the bank to deliver improved access to financial services to both urban and rural populations.“The Government of Timor-Leste is grateful to the Foundation for Poverty Reduction for its long-term vision for IMfTL, and its cooperation with the Government towards our shared goal of poverty reduction in Timor-Leste,” Emilia Pires, Minister of Finance, said.

“The Government will ensure that the new IMfTL will be well managed, will adhere to good governance standards, and have a commercial orientation. Our plan is develop Timor-Leste’s first domestic commercial bank.”

The program is expected to expand IMfTL’s reach of financial services through the use of modern banking technology including smart cards and mobile phone banking. The program will also target raising awareness for bank customers of banking services, including financial concepts related to making deposits and withdrawing cash.

“Building on IMfTL’s existing strength and rural outreach, the Government is looking forward to supporting the transition of IMfTL towards a small yet strong, and well-managed commercial bank. This is part of the Government’s strategy to support access to finance, particularly to bank the unbanked parts of the population,” said Joao Goncalves, Minister for Economy and Development.IMfTL was established in 2001 under the ADB-managed Microfinance Development Project as a public institution set up to focus on microfinance. IMfTL is owned by the Foundation for Poverty Reduction (FPR), which was created by donors including ADB and the Government of Timor-Leste.

“Strengthening IMfTL is an important step toward boosting local entrepreneurship both in urban and rural areas of Timor-Leste, leading to jobs, investment, and equitable economic growth,” said Naomi Chakwin, Regional Director, of ADB’s Pacific Liaison and Coordination Office.

“ADB looks forward to supporting this transformation process through extensive learning by doing by Timorese staff with the help of technical experts as required.”

FOR IMMEDIATE RELEASE 02 July 2008

Minister of Justice Signs Decree Opening the Way for Land Reform in Timor-Leste Nationwide land data collection to start

The Minister of Justice yesterday signed the Decree on the Cadastre, opening the way for a systematic collection of data on land and land ownership across the country. This is a critical legislation in Timor-Leste, where there is as yet no comprehensive database on land ownership that could help resolve land disputes.

The Ministerial Decree authorizes the National Directorate for Land, Property and Cadastral Services (DNTPSC) and the USAID-funded "Ita Nia Rai" program to undertake a nationwide, systematic data collection. "

Collecting data in the field is an important step towards creating a law that will regulate land ownership," explained Ibere Lopes, a legal specialist working for the USAID-funded "Ita Nia Rai" program, which is supporting the Ministry of Justice in this key area. "Only once we know the reality of people's relationships to land can we really draft a legislation that responds to the needs of the Timorese people".

The Decree establishes the rules and procedures for a systematic collection of claims, and will ensure the validity of the data collection process. It also establishes that the database will be open to the public, guaranteeing transparency and free access to the information collected.

"Transparency is the key to creating a sustainable, peaceful way of managing land ownership in Timor-Leste" said Mr. Lopes. He added: "This decree establishes that the future for Timorese land administration will be an open, just and systematic process, unlike the sporadic, closed processes of colonial times."

Information gathered from the survey will officially compose the National Property Cadastre, a comprehensive database or register of all the claims to land ownership in the country. More importantly, the survey will record competing claims to ownership, which can either be resolved locally through mediation, or through a formal justice process once the Land Law has been approved.

"Strengthening Property Rights in Timor-Leste" (known locally as "Ita Nia Rai" or "Our Land") is a five-year USAID-funded project that aims to help the Government of Timor-Leste secure land tenure and property rights in the country. Working with the National Directorate for Land, Property and Cadastral Services and the Ministry of Justice, the program provides technical and policy support to develop a sustainable and transparent property rights system in Timor-Leste.


- Ends

For Tetum original, and links to other relevant documents, go to http://www.laohamutuk.org/econ/MYBU08/CGTPressRelease3Jul08.htm

Core Group Transparency Timor-Leste
Rede Transparensia Timor-LesteSecretariat: Mata Dalan Institute, Bebonuk, Dili, Timor-Leste redetransparensia@gmail.com, Zinha (+670)7356500

Statement to Media

3 July 2008 On 18 June 2008, the Timor-Leste Council of Ministers passed the amendment to the State Budget for 2008, and sent it to Parliament for approval. The Core Group on Transparency, a network of local NGOs monitoring aspects of government activities, is concerned about several issues related to this Mid-Year Budget Update and advocates for a significant improvement of the process.

To that effect, the Core Group has asked Commission C and members of Parliament to allow the Core Group present a civil society statement to Parliament, but they have declined.We would like to state that the National Parliament are representatives of the people, elected by the people and entrusted with the responsibility to protect the interests of the people.

We urge them to listen seriously to what citizens of Timor-Leste have to say. We ask the media to accurately disseminate this information and continue their own investigations of the budget process. And we urge the public to discuss this information and press their elected representatives for improvements.

We like to stress several points related to the Mid-Year Budget Update and public participation in the process.

Comments on this Mid-Year Budget Update
The 2008 State budget approved last December was $347.8 million, to be funded by withdrawing $294 million from the Petroleum Fund and the rest from domestic revenues and existing cash reserves.

At that time the amount to be withdrawn from the Petroleum Fund was the maximum allowed according to Petroleum Fund Act and the Estimated Sustainable Income (ESI) calculations. Our Prime Minister stated at that time that “the Government will not be withdrawing from the Petroleum Fund any amount that exceeds the Estimated Sustainable Income for the next fiscal year.”

The Mid-Year Budget Update proposes a “rectification” to increase the 2008 budget to $773.3 million, of which $686.8 million will come from the Petroleum Fund. This increases the budget by 122%, more than double the original. The ESI has been re-calculated and is now $396.1 million (35% more than in December). This is not enough to finance the increase in expenditures, so the budget proposes to take an additional $290.7 million from the Petroleum Fund.

We request the Parliament to consider carefully the following points and request clarification and improvement from the Government:

1. A Mid-Year Budget Update (MYBU) should be used to fine-tune the original budget and make minor adjustments, not to alter it completely. For an update with so many changes and additions, the timeline for a proper discussion within Parliament is too short. Therefore, we urge the Parliament to extend its discussion and decision-making timeline.

2. Much of the increase in the MYBU is related to new subsidies and increases in salaries and incorporates hasty policy decisions such as the $240 million Economic Stabilization Fund and disbursements for a heavy oil power plant and electricity distribution system ($390 million over four years). Both have been developed without any public consultation, and both do not contain proper tender mechanisms. Especially for large projects and funds, there needs to be careful study of social, economic, cultural and environmental impacts.

3. The Economic Stabilization Fund has been allocated a lot of money­nearly as much as the original budget for 2008­but Parliament has not been told what it will do or how it will be managed. A so far undisclosed decree law has been passed to establish this Fund rather than a more consultative parliamentary law. Although we understand the Government wants to reduce prices of imported goods, the Fund will make the State pay for imports. This creates irrevocable commitments for the current and future governments. A large amount of money available for imports will drive prices up, exactly the opposite of what everybody wants. It also does not benefit the majority of people who live outside the cash economy.

4. During the first quarter of 2008, the Government spent only $32.4 million, executing less than 10% of the budget for the year, and by mid-June they had spent around $80.2 million. This means that of the original $348 million budget $267 million is still not spent. With the proposed “rectification” the Government would need to spend $693 million. We think it is highly unrealistic that the Government can spend this in the next six months, as it would mean spending eight times as fast as they have done so far. Moving money into newly developed funds is not the same as spending it.

5. The Petroleum Fund was established to safeguard against the resource curse that afflicts nearly all developing countries that dependent on oil and gas revenues. The Estimated Sustainable Income was established as the maximum amount that could be prudently spent. We have a windfall in oil revenues which makes it look like we are rich. However, spending more than the ESI is a big and dangerous step towards the resource curse. If oil prices fall or when our oil is used up, Timor-Leste will have to borrow money.

6. In addition to the proposed $773.3 million proposed by the MYBU for 2008, it includes commitments for multi-annual projects worth at least $547 million (including electricity grid, patrol boats, and irrigation systems). If this rectification passes, all these projects are approved. This is a dangerous practice as most of them have not gone through a process of consultation looking at impact on the social, cultural, and economic life of our people and the environment of our country. Huge multi-year projects should not be approved this way.

Comments on the Budget process

1. Our Constitution (i.e. Art. 40, 46, 48, 63, among others) guarantees the right of our citizens, as individuals or in association in the form of civil society organizations, to make and express judgments on the country’s budget. This requires that budget documents be widely available. This is especially the case for the budget proposal, which should be available to citizens, and discussed in public consultations before it is adopted by the legislature. It will benefit, not hinder, the process when civil society is consulted for the budgetary process at Ministerial level prior to going to the Council of Ministers. We implore the Parliament to reiterate and propose to the Government procedures enhancing this process.

2. Timor-Leste has a budget process that is increasingly inefficient, undemocratic, hasty, short-sighted and secretive. Various issues contribute to this:

a. There is no annual pre-budget statement informing, and preparing, people and legislators of the State Budget’s general state of affairs such as total expenditures, total revenues expected and debt to be incurred during the upcoming budget year.

b. A state budget should be a reflection of the Program of the Government for that year, and for the future. It should implement medium and long-term policies set by the National Development Plan, the State of the Nation reports, as well as other important documents. There should be policy and programs first, with budgets to carry them out.

c. In almost every financial year, the new proposed budget is rushed in the last couple of weeks and Parliament is left with very little time to consider the budget. Consequently, there is limited communication and consultation with the knowledgeable people. This creates the danger of setting unachievable goals in the budget.

d. Budget execution reporting is late (Quarter1 report on the period January to March was only available on the internet by 23 June) and largely inaccessible as the Ministry of Finance has no means for effective dissemination of public information. Many times, budget execution reports have shown that expenditure is very low, which reiterates our comments earlier.

e. The mid-year review should contain a comprehensive update on the implementation of the budget, including a review of the economic assumptions underlying the budget and an updated forecast of the budget outcome for the current budget year. Documentation should be widely available.

f. There is no centralized place from which to access public documents in a timely fashion. Civil society and media have great difficulty to access budget documents: no help has been forthcoming from the State Secretariat of the Council of Ministers or the Ministry of Finance.

This press statement has been prepared by the members of the Core Group on Transparency. Electronic copies of this statement in Tetum and English can be obtained from the Secretariat, redetransparensia@gmail.com, or from www.laohamutuk.org/econ/MYBU08/RDTLMYBU08.htm.

Participating organizations are:
Asosasiaun Hak
ETADEP
FONGTIL
Fundasaun Ba LoosHaburas
La’o Hamutuk
Mata Dalan
InstituteRede Feto

From International Organization for Migration's (IOM) Migration July 2008 ISSN 1813-2839

Much focus is placed on the basic human rights of migrants, refugees and displaced people. But for those that have lost homes, land and livelihoods through conflict or persecution, land and property rights are of equal importance but are often less acknowledged. IOM, which provides technical advice and support to national and transitional governments on how to address displacement related land and property rights issues and conflicts, sees addressing this issue as key to ensuring durable peace and recovery in post-conflict societies. Here, Peter Van der Auweraert of IOM’s Reparations Programmes Unit looks at the challenges facing Timor-Leste as it struggles to deal with its divisive land and property rights issues. Read more...

1. There is one category of crimes in which amnesties may be given freely by the state. That is where the state itself is the victim e.g. the crimes of treason or sedition. Beyond that, there are real problems, sometimes impossibilities.

2. However, clemencies/amnesties can sometimes be a way to further the cause of peace.

a. For instance, Sierra Leone's International Truth and Reconciliation Commission said in respect of the Lome Peace Agreement that it was "unable to declare that it considers amnesty too high a price to pay for the delivery of peace to Sierra Leone, under the circumstances that prevailed in July 1999. It is true that the Lome Agreement did not immediately return the country to peacetime. Yet it provided the framework for a process that pacified the combatants and, five years later, has returned Sierra Leoneans to a context in which they need not fear daily violence and atrocity."

But it must be understood that this amnesty was a temporary measure. Charles Taylor (the individual so amnestied) did not enjoy this amnesty as a right in perpetuity. Rather, the state granted him a temporary privilege, and a subsequent government could revoke this privilege. His amnesty was a step on the road to justice, not a barrier to justice.

b. Another example comes from South Africa, where the South African Truth and Reconciliation Commission granted an amnesty to those who applied for it, provided they told the whole truth and provided the amnesty was in respect of a political crime.

But there were clear rules for the granting of amnesties. A well-staffed Amnesty Committee supervised the process, and thorough investigations were conducted by independent investigators prior to each decision.

3. There are many categories of amnesties.

a. There are "blanket amnesties", which are totally illegitimate because they have "an extraordinarily broad scope", "deny the judiciary the potential to prosecute", and "render actual prosecution impossible for crimes that are generally regarded as requiring prosecution under customary international law". See William W. Burke-White, "Reframing Impunity: Applying Liberal International Law Theory to an Analysis of Amnesty Legislation", Harvard International Law Journal, Vol 42, No 2, Summer 2001.

b. There are "Internationally legitimized, partial immunities". If such amnesties are to meet international obligations, "the adjucatory body cannot include genocide, war crimes, crimes against humanity and torture".

c. There are "locally legitimized, partial immunities". These amnesties are "more restrictive in scope" and are "more likely to comply with" international obligations.

d. Finally, there is "Constitutional immunity", which is legitimate. This requires a considered, impartial process in which the most serious crimes are excluded from amnesty considerations.

4. Amnesties that are granted in an arbitrary, non-transparent process, and which do not take the above considerations into account, serve only to discourage respect for the government of the day, discourage respect for the rule of law, encourage private acts of revenge and vigilanteeism, and provide an incentive for the commission of future human rights abuses.

Just consider what happened to countries that - despite initial resistance and difficulties - prosecuted alleged offenders after World War II. And consider the state of affairs in countries that have yet to do so.

5. Legitimacy is what any elected government in East Timor requires - regardless of which party or parties actually form the government. (We in the Australian Coalition for Transitional Justice in East Timor are not picking sides on this, I assure you.)

In order to win legitimacy, a government must fulfil an obligation it owes to all its citizens to defend them in case they become victims. You cannot win the trust of your citizens if you don't protect them.


Dr Clinton Fernandes
Senior Lecturer Politics Program
University of New South Wales
Defence Force Academy
Canberra

Posted by VOET with the consent of Dr. Fernandes. Original comment from East Timor Action Network Email List 02/07/08

IV CONSTITUTIONAL GOVERNMENT

SECRETARIAT OF STATE COUNCIL OF MINISTERS

Information

Amending Budget 2008 provides for Economic Stabilisation Fund: the Service of People's Needs

Dili, July 2, 2008The proposed amendment of the General State Budget for 2008 - alias amending budget - foresees the creation of the Economic Stabilisation Fund, with a capital of 240 million USD and that is an important tool that the AMP government has to cope with recession economy that is felt worldwide, including the food crisis and rising cost of food in the world and, as well as combat the negative effects that rising fuel prices and materials of construction can reflect the national .

The recent International Summit on Global Food Situation, which 180 countries met recently in Rome, concluded that the medium-term food prices will remain in place at current levels. That is, the price of consumer goods will remain high, which has caused negative impacts in several countries, in life and health of the population.

Furthermore, the increase in the price of construction materials is also cause for great concern, because it can delay or prevent the development plans of the government and discourage investment by the private sector.

To reduce the impact of prices of food and construction materials, in the national economy and the population of East Timor, the government created the Economic Stabilisation Fund, which has three main objectives:

-- Ensuring the supply of goods and food security;
-- To stabilise prices through market intervention, and
-- Ensuring the supply of materials for construction.

Thus, the Government may allow the supply of essential goods and products at reasonable prices and ensure the continuation of the development process.The Government is in a situation where it need not wait for urgent support from development partners while the population suffers!

The AMP Government prepares today the future of this nation and amending budget, which is now being debated in the National Parliament, one hundred (100) young Timorese students can continue their studies abroad, through the Programme of Scholarships International Timor - Leste, subsidized by the government.

The IV Constitutional Government, through the Ministry of Education, has already started the process of nominations for the selection of the 100 young Timorese who will further their studies abroad, to levels of post-graduate, master's and PhD.

This amendment to the state general budget of 2008 increases the capacity of Timorese youth, which represents a great benefit, not only for the very young, but above all for the people of East Timor, which have more reasons to believe and rely on the Future of the Nation.

Despite being recognized by all the difficulty of solving the problem of internally displaced persons, created by the crisis of 2006 and that previous governments failed to resolve, the government AMP already closed, among other camps of displaced people in the Guido Valadares Hospital, in the Garden in front of the port of Dili and the building of the former Chinese consulate, allowing you to return home to about 2,300 families!

Other camps will close briefly and amending budget vai allow this to continue the policy followed so far in this area by IV Constitutional Government, which results in considerable benefits to public health and welfare of the families who one day had to leave their homes.

The government AMP chose the year 2008 as the Year of Reform, preparing the state and its institutions for the challenges that the country faces.

This amendment to the state general budget of 2008 meets necessities of the people today and to prepare the future of the nation.

END # #

FRENTE REVOLUCIONÁRIA DO TIMOR-LESTE INDEPENDENTE
FRETILIN
Media ReleaseJuly 2, 2008

Timor Leste: Second defeat for controversial gun law

A controversial new gun law proposed by Timor Leste’s de facto government suffered a second defeat in parliament on Monday, and debate on the draft law was postponed.Article 4 of the draft law, drawn up by Xanana Gusmao’s AMP (Parliamentary Majority Alliance) without any public consultation, would empower the national police commander to licence civilians to obtain and carry firearms.

Following Monday’s vote, FRETILIN’s parliamentary leader Aniceto Guterres called on the AMP leadership to allow MPs a conscience vote on the issue.“FRETILIN believes Timor Leste needs fewer guns, not more, and many AMP members of parliament agree with us,” Guterres said.The legislation was first voted down on June 25 (by 23 votes to 11 with 3 abstentions) with AMP members siding with FRETILIN and other opposition parties.FRETILIN’s parliamentary leader Aniceto Guterres said AMP leaders tried to resurrect Article 4 in parliament on Monday, June 30.

“FRETILIN again proposed the elimination of Article 4, and our position was supported by 25 votes to 17. Everyone in the chamber counted it as such, but the vote was formally declared of 25 votes against our motion and 20 in favour. We objected and a second vote was held immediately which resulted in 23 in favour, 23 against and 7 abstentions – a tie,” Guterres said.“In the event of a tied vote, the standing rules of parliament provide for another vote after further debate, but that was not immediately possible because parliament became too unruly. Parliament then agreed on a joint motion to suspend the debate.

“Our people have had enough of being subjected to armed groups disrupting their lives. That’s why FRETILIN opposes this legislation and we know that many AMP members agree with us. But they are obviously under pressure to tow the line.”Guterres said the de facto government had ignored FRETILIN’s offer last week to discuss how to reach consensus on a new draft law, opting instead for a confrontational approach.“If the gun law comes back in the same form or substantially the same form, we will again oppose it,” he said.

Contact: Jose Teixeira +670 728 7080Nilva Guimaraes +670 734 0389

JSMP Press Release 2 July 2008

Timor-Leste’s President José Ramos-Horta yesterday unveiled his legislative plan for an ambitious reconciliation process covering the events of the 2006 crisis. The draft law, authored by his office, sets out a scheme whereby those charged, or even sentenced, for their role in the crisis could be excused from criminal responsibility.

“Passage of this draft law would signal a lack of confidence in the formal justice system as an avenue for the resolution of social conflict and undermine efforts in this sector” said Casimiro dos Santos, Acting Director, JSMP.

In 2006, after much protest, a Bill establishing a process of widespread amnesty was vetoed by the then President, and returned for constitutional review by the Court. Constitutionally, amnesty is the exclusive domain of the National Parliament, whereas the granting of pardons (following a judicial process) is a part of the President’s role.

Constraints on the exercise of the parliamentary amnesty power are argued by many to arise from a constitutional guarantee of the prosecution of certain serious crimes.

This new draft has not proceeded through the usual development and scrutiny stage presided over by parliamentary commissions, and has seen no public consultation.

In terms reminiscent of the Truth and Friendship Commission, the draft law speaks of establishing a definitive account of the violence that erupted in 2006, and its causes.

Trials relating to crisis events have been few, and as many as eighty accused remain in pre-trial detention, most on charges of property destruction or disturbing the peace.

JSMP understands support has been forthcoming from several parties, with a Bill to be put to the Parliament in September, seeking an initial one year mandate. Under the envisioned scheme, those accused (or even convicted) of crimes warranting less than five years’ prison time are eligible to take part in round of public hearings.

Taking part in these hearings by making a confession and apology would be enough, under this community reconciliation scheme, to sidestep future court appearances.

Those accused of more serious crimes may, by application or nomination, have their case determined by a new body, the Commission for Truth and National Dialogue.

Commissioners would be appointed by the President, and would be empowered to exempt individuals from penalty or prosecution if they confess their criminal acts.

Participation would, as distinct from the CAVR, halt or in some cases overturn legal proceedings in the formal justice system, with agreements superseding court orders.

In a move many will interpret as positive, the draft law entails a process of offering recompense to victims of the 2006 violence who take part in successful reconciliation.

“JSMP agrees there is a need for reparations, but maintains their receipt must not be used as an inducement, nor made conditional on participation in a flawed process” said Casimiro dos Santos, Acting Director, JSMP.

In a further break from the formal justice system, acceptance of monetary restitution would constitute a waiver of any right to pursue a civil remedy through the courts.

“The President’s growing role in developing policy, and his planned involvement in the exercise of Parliament’s amnesty power, raise substantial constitutional questions. Of similar concern is the use of executive influence to displace the role of the courts. A process that overturns judgements would seem to upset the separation of powers” said Casimiro dos Santos, Acting Director, JSMP.

JSMP contends that if the funds likely to be put toward the proposed scheme were instead directed to under-resourced courts, they would better cope with crisis cases.

For further information, or an interview, please contact: Casimiro dos Santos Acting Director, JSMP Email: casmiro@jsmp.minihub.org Mobile phone: +670 725 7466 Land line: +670 3323883

In theTribunal de Recurso of the Democratic Republic of Timor-Leste
_______________________
Names of Petitioners- Fernanda Mesquita Borges, East Timorese citizen, born in Dili, President of Partido Unidade Nacional (PUN) and Member of National Parliament, resident in Taibesi;- Jose Luis de Oliveira, East Timorese citizen, born in Baucau, Director of Associação HAK, resident in Fatuhada;- Padre José Filipe de Jesus Pereira de Araújo, East Timorese citizen, born in Bobonaro,Program Coordinator, Justice and Peace Commission, Diocese of Dili, resident in Liquiçá;- Padre Angelo Salsinha Trindade, East Timorese citizen, born in Ermera, Director, Youth Departament, Diocese of Díli, resident in Bidau-Lecidere;- José Amaral, East Timorese citizen, born in Viqueque, Advocacy Team Leader, FONGTIL, resident in 4 de Setembro;- Maria Afonso de Jesus, East Timorese citizen, born in Dili, ANTI Board, resident in 4 de Setembro;- Edio Saldanha Borges, East Timorese citizen, born in Dili, ANTI Board, resident in Santa Cruz;- Sisto dos Santos, East Timorese citizen, born in Lospalos, Coordinator, Front Universitariu Timor Leste, resident in Mate La Hotu B.T.- Maria Manuela Leong Pereira, East Timorese citizen, born in Covalima, National Coordinator, ICTJ-Timor Leste Program- Higinio Posinato Zamor E Silva, East Timorese citizen, born in Viqueque, Assistant Coordinator, Justice and Peace Commission, Diocese of Dili, resident in Comoro.- Luis de Oliveira Sampaio, East Timorese citizen, born in Liquiçá, Lawyer, member of Associação de Advogados de Timor Leste, resident in Lahane

On Petition to Examine the Constitutionality of PresidentialDecree No. 53/2008 of 19 May 2008

To the Court of Appeal of the Democratic Republic of Timor-Leste

YOUR EXCELLENCYPRESIDENT COURT OF APPEAL DILI – Timor-Leste

We, the petitioners named in this petition submit through our lawyer Natércia Barbosa de Deus, whose office is located at Associação HAK, Rua Gov. Serpa Rosa, Farol Dili, in accordance with article 48 of the Constitution of the Republic of Timor-Leste request the intervention of the Court of Appeal to examine the Constitutionality of Presidential Decree No. 53/2008 of 19 May 2008.

This request is based on the foundations of the democratic rule of law, in the perspective of justice and, especially, respectful of the ideals proclaimed by the East Timorese people, in an ongoing homage to all those who fell in the struggle for the country’s independence, to all who suffered and still suffer the irreparable loss of their loved ones.

The petitioners submit to the Court’s scrutiny the matters listed below, demanding, as allowed by law, an examination of the issues that form the basis for an examination of the Constitutionality of Presidential Decree No. 53/2008 of 19 May 2008.

The petitioners require the Tribunal to decide on the following issues of constitutionality:

1. Presidential Decree No.53/2008 of 19 May 2008 is invalid for failure to comply with the requirements of RDTL Constitution section 85Section 85 paragraph (i) provides that the president may grant pardons or commutations of sentence, “after hearing the Government”.In the present case the President did not “hear the Government” before granting the pardons, as explicitly determined by the Constitution of the country.A public notice issued by the Chefe Gabinete of the Ministry of Justice, João Bosco Filipe Alves Correia (Suara Timor Lorosae, 13 June 2008, p8) states that:“On 19 May 2008 the Government sent a list of all prisoners to his Excellency the President of the Republic with recommendations, [that] if there are to be pardons as announced by the President of the Republic in the message to the Timor-Leste Nation in the National Parliament when he returned from treatment in Australia, to consider reduce the years of sentence by three months for 83 prisoners who haven’t yet completed half their sentence in order to receive conditional liberty, and for 17 prisoners who have already completed half of their sentence the government recommends to reduce their sentence by six months. Special for prisoners who have been sentenced because of a sexual violation or domestic violence, the government recommends to reduce their sentences by only two months for all of them.” [emphasis original]

In addition, Member of Parliament, Fernanda Borges requested the President of the National Parliament, on 27 May 2008, to obtain all information, in writing, from His Excellency the Prime Minister and the Minister of Justice, the following information:

(a) Number of prisoners convicted and sentenced on 20 May 2008;
(b) Opinion expressed by Government under section 85 (i) of the Constitution of the Republic on the clemencies awarded by the President of the Republic through Presidential Decree No. 53/2008 of 19 May 2008.

On 6 of June 2008, the Prime Minister Kay Rala Xanana Gusmão sent pertinent information related to the process of clemencies awarded by the President of the Republic.This information confirms that the Minister of Justice sent Letter No 158 to the Prime Minister on 19 May 2008 with the following recommendations and the list of 83 convicted prisoners in conditions for the commutation of sentences.

The Minister's recommendation is as follows:“Effectively, considering the term of execution of the sentence we propose to Your Excellency for the prisoners who have already met half of their sentence, a reduction from six to twelve months. For those who committed crimes of sexual violence and domestic violence, a reduction of their sentence at two months is proposed. For all the others, that is, those who have not reached half of the fulfillment of their sentences, we propose a reduction of three months”.

On the same day, 19 May 2008, the President of the Republic sent the proposal of presidential pardons for 20 May 2008 to the Prime Minister, copied to the Minister of Justice.The President of the Republic sent together the Presidential Decree and five annexes with the nominal list of 94 prisoners, including prisoner Rogério Lobato, to whom the President proposed to partially pardon half of the sentence.

In sequence, on 20 May 2008, the Prime Minister sent a letter to the President of the Republic, to recommend the following:“However, as far as the prisoner Mr Rogerio Lobato is concerned, given the sensitivity of the case, and, given the firm opposition of the Church and Civil Society, considering also the fact of practically not being so subjected to the privation of liberty, like other inmates, I am of the opinion that he could be awarded pardon of one year reduction only, with the condition of returning to prison in the country.

As pressuposed by article No. 2 of the Presidential decree itself that the “concession of pardon is dependent from the good behaviour in prison”, it would be good that Mr Rogerio Lobato returned as soon as possible to the prison of Becora”.

This being the recommendation of the Ministry of Justice and the Prime Minister, the President only “heard the Government” on the issue of clemencies that he intended to award on 19 May 2008. Surprisingly, this was the same day on which Presidential Decree No. 53/2008 appeared in the Jornal da Republica. This makes it extremely unlikely that the Government’s recommendations were read by the President of the Republic and taken into account before he made his decision and provided Decree No. 53/2008 to the Jornal da Republica for printing.In any event, it is clear from public notice issued by the Chefe Gabinete of the Ministry of Justice that even if the President did read the Government’s recommendations before issuing Presidential Decree No. 53/2008, the Government’s views were not taken into account by the President in its entirety and with the necessary care. Not only did the President issue far more significant commutations of sentence than those recommended by the Government, but he failed to provide lesser commutations for those convicted of sexual violations or domestic violence, as recommended by the Government.

It is also worrying that the President of the Republic has not taken into consideration the observations and the recommendations of the Prime Minister about the prisoner Rogério Lobato, thereby demonstrating his intention of not applying the requirement prescribed in article 2 of the Presidential Decree which stipulates that “the concession of pardon remains dependent on good prison behavior” and thus strengthens the argument that he did not hear the Government (see Anex).

While the Constitution does not require that the President is limited in the grant of pardons to following the Government’s recommendations precisely, the clear intention of section 85 paragraph (i) of the Constitution is that the President will take the Government’s recommendations into account when granting pardons and commutations. It is clear that in this case, the Head of State did not proceed in this way. The President chose to act his own way, not oberving what is prescribed by law.2. Presidential Decree No.53/2008 of 19 May 2008 is invalid for failure to comply with due processSection 85, paragraph (i) cannot simply be looked at in isolation, but needs to be read on the context of the whole of the RDTL Constitution, and the objectives and spirit of that Constitution. When the Constitution is viewed as a whole, in a comprehensive and articulated way, as effectively it should be, following José Joaquim Gomes CANOTILHO and Jorge MIRANDA, among other Constitutional law experts, it is clear that a requirement of due process applies to the exercise of constitutionally-granted powers including the President’s power to grant pardons and clemencies.

2.1. The sources of a due process requirementThe sources of this due process requirement are found in the principles which underlie the RDTL Constitution, namely:

(1) The rule of law and respect for the fundamental rights of individuals§ Section 1, paragraph 1 of the Constitution provides that the Timor-Leste is a democratic state based on the rule of law, the will of the people and the respect for the dignity of the human person;§ Section 6 of the Constitution provides that the fundamental objectives of the state include to guarantee and promote fundamental rights and freedoms of the citizens and the respect for the principles of the democratic state based on the rule of law.

From these principles, it is clear that decisions made by organs of sovereignty which involve the determination of citizens’ fundamental rights, must be made in accordance with due process. Due process is essential in the making of such decisions to limit opportunities for conflicts of interest, nepotism and other forms of interference with appropriate decision-making that may than vest arbitrariness. It is also a means by which to reassure citizens that where their fundamental rights are concerned. In the face of legal due process, which functions as boundaries for decisions which will not be taken arbitrarily, but rather will be made by following clear procedures and according to certain criteria defined by law.

Where the President exercises his right to grant pardons or commutations, the fundamental rights of two sets of citizens are affected: the rights of prisoners to their liberty (which has been suspended by a court and may be returned by the President), and, equally, the rights of victims to have the perpetrators of crimes tried and punished by a court of law, legally provided for and constituted for this end. If decisions are taken by the President without due process, prisoners or victims, or both, who do not benefit from the decision may feel that their rights have been determined without due consideration according to fair criteria.

(2) The doctrine of the separation of powersThe RDTL Constitution provides in section 69 that “organs of sovereignty, in their reciprocal relationships and exercise of their functions shall observe the principle of separation and interdependence of powers established in the Constitution.”

Thus, while the President is “the Head of State and the symbol and guarantor of national independence and unity of the State and of the smooth functioning of democratic institutions” and “the Supreme Commander of the Defence Force” (section 74), the Courts “are organs of sovereignty with competencies to administer justice in the name of the people” and “court decisions shall be binding and prevail over the decisions of any other authority” (section 118(1) and (3)). According to this separation of roles, it would ordinarily be the Courts who determine criminal responsibility in a particular case, and decide on a convicted person’s sentence.

However in no state is the separation of powers absolute and the power of a President to issue pardons and commutations in specific cases is an accepted and relatively common deviation from the separation of powers doctrine.The historical process of Law and of the construction of the modern State has observed these singularities for the configuration of the process of exercise of power. This matter has been dealt with by the classical theoreticians of the study of contemporary Power. However, precisely because this Presidential power constitutes a deviation from the separation of powers, it must be regulated. This care of juridical and legislative nature, comes from the extreme necessity to limit abuses, in such a way to ensure that Power is not used in such as way as to fundamentally undermine the role of the Courts. The making of the modern and the contemporary State found inspiration in this vision, thereby preventing authoritarianism or benefits for some sections. France, like Spain as well as Portugal, among many other countries, keep an observant eye to avoid the extreme of having a President, in the exercise of his prerogative, pardoning all prisoners after their conviction. The law confers due respect towards the decisions of the Judges and the Courts because of the need to contain the exercise of the power of the Executive, with legal limitations. This is an order, de facto and de jure, not a fiction.

2.2. The content of the due process requirement
The usual means by which to establish and implement a system of due process for pardons would be through the creation of a law establishing both process and criteria by which Presidential pardons are to be granted. Until such a law is passed in Timor-Leste, the organs of sovereignty involved in the grant of Presidential pardons (not only the President, but the Government, which is to be heard on the issue) are obliged to take steps to establish and publicize a clear and transparent procedure. This should involve:- the formal seeking of advice from the Government;- the provision of recommendations from the Government to the President, based on clear criteria;

- a fair consideration by the President of the government’s recommendations;

- a decision from the President that is also referable to the criteria mentioned above.The construction of the criteria used in deciding on the grants of pardons are relatively similar across jurisdictions.

They should at a minimum include:- the prisoners’ behaviour while in prison,- the gravity and nature of the crime committed, and- the prisoner’s rehabilitation and potential for successful reintegration into the community (including the risk of reoffending).

In the present case that East Timor faces, it seems that only the most minimal attempt was made to seek input from the Government (as set out above), and no reference was made in the process to criteria for the grant of clemencies. The President, acted, with “authority” that is not derived from the law. In doing so, he acted hurting the law of his own country.

Presidential Decree No. 53/2008 mentions “good prison behaviour” (article 2). However it is clear that this was not applied in practice. The clearest demonstration of this is the inclusion of Rogerio Tiago Lobato as a beneficiary of clemency, notwithstanding that he has twice failed to comply with orders of the Dili District Court demanding his return to Timor-Leste (see again the statement issued by the Ministry of Justice, Suara Timor Lorosae, 13 June 2008, p8 and the letter of the Prime Minister, 20 May 2008 to the President of the Republic).

No regard was paid, the consideration required by law, to the nature and gravity of the crimes committed or the extent of rehabilitation or likelihood of re-offending. Thus, it is clear that this omission created the opportunity for the issuance of clemencies to all nine of the men still serving sentences for crimes against humanity committed in 1999. These men were provided with the same level of clemency offered to other prisoners, despite the heinous nature of the crimes they committed.This is also despite the fact that one of those men, Joni Marques, as recently as September 2007 made clear in a public forum that he has no feelings of remorse in relation to his crimes, including the murder of a group of clergy (Commission of Truth and Friendship Public Hearing, Dili, 26 September 2007).

Despite the suffering of the victims and their families, in crimes of various nature, the President sought, as signatory to the often-cited Decree, to place on an equal footing all offenders, all convicted, all crimes, ignoring the nature of suffering that crimes against humanity, against history and the sovereignty of the East Timorese people, provoked on its own.

These facts suggest that in fact no regard was had to criteria such as these when the decision for the grant of pardons was made. Rather, the evidence suggests that the decision was made without looking at individual cases, but simply by way of a blanket approach, taking the part for the whole, ignoring the specificities, the context, and the memory. The only way in which different prisoners were treated differently was based on the length of the sentence given to them and the amount of time served already. This represents a clear failure to undertake even the most basic form of due process.

This infringes not only the rights of the victims to have the offenders in their cases dealt with according to the law and due process, but also the rights of prisoners to have their individual circumstances considered in relation to reductions in sentence or pardons. After all the prisoners that deserved the clemencies cannot be beside the ones that have been unjustly compensated.3. Presidential Decree No.53/2008 of 19 May 2008 is invalid for violating the principle of separations of powers by infringing on the exclusive powers of the Parliament.

While section 85 paragraph (i) allows the President to grant pardons and commutations of sentence, section 95(1) provides that it is the Parliament which is responsible for making laws. In particular section 95(3) paragraph (g) provides that it is incumbent on the National Parliament to grant amnesty.The role of a legislative body such as the National Parliament (RDTL Constitution section 92) is to make rules of general application. Other organs of sovereignty implement these rules or enforce them, but it is only the National Parliament which may create such rules. This is the genuine power of the Parliament.With this in mind, and drawing also on the established practice from other countries such as Portugal, it is clear that section 85 paragraph (i) of the Constitution did not intend to provide the President with the power to pass laws of general application regarding clemency (that is, a law which sets out categories of persons who receive clemency) but rather with the power to identify specific individuals who are to benefit from clemency measures. This was not the spirit that inspired the legislator of the Constituent when writing article 85 and the above mentioned clause. A law that establishes the categories of people that could receive clemency can not be written by the President. The Presidential power is limited by both the Constitution as well as by the public interest of the country, as well as its history.

A law on Clemencies can not come from a spontaneous initiative distant from the Parliament.By setting out, in articles 1-3 of Presidential Decree No.53/2008, rules of general application whereby the grant of clemencies are to be determined, the President of the Republic has taken on a legislative role, and intruded into the domain of the National Parliament.In fact, articles 1-3 of Presidential Decree No.53/2008 are the sort of provisions which the Constitution’s drafters might have had in mind when they provided the National Parliament with the power to grant amnesty under section 95(3)(g) – that is, by way of a rule of general application which sets out which persons will benefit from a waiving of criminal liability or a reduction of sentence.

The President’s issue of such a decree is therefore an infringement upon the exclusive powers of the National Parliament, and a violation of section 69 of the Constitution which requires respect for the separation of powers. Since the decree, in the general form in which it was written, is beyond the powers granted to the President of the Republic, it is ultra vires and without any effect.4. Presidential Decree No.53/2008 of 19 May 2008 is tainted by a conflict of interest.

The fundamental rules of natural justice require that where public officials participate in decision making, they must be impartial and not under any form of conflict of interest. While the Constitution does not state this expressly, it is implied from the references in the Constitution to the rule of law (for example, section 1(1), 6(b)). In the present case a clear conflict existed in respect of the prisoner Rogerio Tiago Lobato, who, besides being convicted by a Court, is cousin of the Minister of Justice. The Minister of Justice was therefore directly involved in the process of providing recommendations to the President of the Republic.

Through Ofício No. 158, of 19 May 2008, the Minister recommended to the Prime Minister the granting of clemency to her cousin, prisoner Rogerio Lobato, knowing that the prisoner did not follow court orders. The fact of this close family relation, is in itself, sufficient to demonstrate a conflict of interest.This conflict of interest in turn taints the whole process of the grant of clemencies to this one individual, precisely because the Ministry of Justice would have been heard. The “hearing” of the Government is an essential part of the process for the grant of pardons. Under section 85 paragraph (i) of the Constitution, the verb “to hear” there is consigned, and can not be ignored. Therefore, when not observed what is determined by law, the process itself is jeopardized, and as such, the granting of clemency is vitiated and flawed.

5. Presidential Decree No.53/2008 of 19 May 2008 violates section 160 of the ConstitutionSection 160 of the RDTL Constitution requires that crimes against humanity, genocide and war crimes committed between 25 April 1974 and 25 October 1999 shall be liable to criminal proceedings with the national or international courts. While the Constitution does not make it explicit, the clear purpose of this provision is to implement Timor- Leste’s obligation under international law to prosecute, try and punish the perpetrators of serious international crimes (on these obligations see further below).

For this reason, it is clear that the phrase “criminal proceedings” in section 160 refers not only to the trial process, but also includes the imposition of a judicially determined sentence. In this respect international crimes are singled out for different treatment than other, “normal”, crimes by the Constitution. While normal crimes need not be subjected to criminal proceedings, international crimes must be.

It follows from this that section 160 of the Constitution provides an exception to the President’s power to issue pardons and commutations of sentence. This is because these measures have the effect of removing the prisoner in question from the control of the courts and thus from the “criminal proceedings” required by section 160.For this reason, Presidential Decree No.53/2008 is invalid in so far as it applies to nine individuals convicted of crimes against humanity committed between 25 April 1974 and 25 October 1999 (Sixto Barros, Januario da Costa, Joao da Costa, Paulo da Costa, Mateus Lao, Joni Marques, Cesar Mendonca, Mateus Punef and Gonsalo dos Santos)6. Presidential Decree No.53/2008 of 19 May 2008 violates fundamental rights and rules of international law enshrined in the ConstitutionFinally, the Presidential Decree violates the requirements of international human rights law, incorporated into the RDTL Constitution, to try and punish persons responsible for crimes against humanity.6.1. International human rights law and the RDTL ConstitutionThe fundamental principles of customary international law are imported into the RDTL Constitution via section 9(1).

In addition, section 23 makes clear that the Constitution must be interpreted in accordance with the Universal Declaration of Human Rights, thus effectively making that document a part of Timorese constitutional law.6.2. International Law and clemencies for crimes against humanityUnder international crimes (genocide, crimes against humanity and war crimes) are considered to be the concern of all humanity, and therefore not a matter to be dealt with simply at the sovereign discretion of the state in which they occur, they are not to be addressed by the spontaneous and personal initiative of a President. Given its monstrosity, its wide-ranging scope and the cruel range of its nature, these crimes do not bring, in itself, matter to be dealt with simply following the sovereign discretion of the state where they occur.

Because of this, customary international law requires the effective prosecution of international crimes. That is why, it is necessary the effective prosecution of international crimes, and the international competent body has dealt with this issue, not allowing an office holder of the executive of any country to discharge individually, the magnanimous dimension of the pardon of a crime that can not be pardoned. This rule may arise, among other sources, from:- the right of victims to an effective remedy (UDHR, article 8); and- the right of all persons to a fair and public hearing by an independent and impartial tribunal in the determination of his/her rights and obligations (UDHR article 10, RDTL Constitution section 26).

The requirements that international crimes be prosecuted and tried are linked to the objective of punishing those who are found guilty of such crimes. References to the need not merely to try but also to punish international crimes are included in several international instruments:For example·

General Assembly Resolutions 3(I) (1946), 95(I) (1946), 170 (II) (1947), 2338 (XXII) (1967),· The Principles of the Nuremberg Tribunal, Principle I: “Any person who commits an act which constitutes a crime under international law is responsible therefore and liable to punishment”. (emphasis added).

· Genocide Convention, article I: “The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.”· Updated Set of principles for the protection and promotion of human rights through action to combat impunity, principle 19, Duties of states with regard to the administration of justice:“States shall undertake prompt, thorough, independent and impartial investigations of violations of human rights and international humanitarian law and take appropriate measures in respect of the perpetrators, particularly in the area of criminal justice, by ensuring that those responsible for serious crimes under international law are prosecuted, tried and duly punished.” (emphasis added)

· Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (Adopted by General Assembly Resolution 60/147), paragraph 4: “In cases of gross violations of international human rights law and serious violations of international humanitarian law constituting crimes under international law, States have the duty to investigate and, if there is sufficient evidence, the duty to submit to prosecution the person allegedly responsible for the violations and, if found guilty, the duty to punish her or him.” (emphasis added)

· See also General Assembly Resolutions: 2391 (XXII) (1968), 2712 (XXV) (1970), 2840 (XXVI) (1971), and 3021 (XXVII) (1972).Statements of the requirement to punish crimes against humanity have also been made by international courts. The Inter-American Court of Human Rights has stated thatSince the individual and the whole of mankind are the victims of call crimes against humanity, the General Assembly of the United Nations has held since 1946 that those responsible for the commission of such crimes must be punished.” (Almonacid-Arellano et al v Chile, 26 September 2006, para.106.)

And that:“…States cannot neglect their duty to investigate, identify, and punish those persons responsible for crimes against humanity by enforcing amnesty laws or any other similar domestic provisions.” (Almonacid-Arellano et al v Chile, 26 September 2006, para.114)It is clear that a small or token amount of time in jail could not satisfy the spirit of this requirement to penalize in face of the nature of the crime committed.In respect of measures of clemency and how they relate to this principle, the rules and practice of the existing international tribunals established by the United Nations or with United Nations involvement to try those suspected of genocide, crimes against humanity and war crimes are relevant.

It is significant that the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, and the Special Court for Sierra Leone all prohibit custodial states (the states where prisoners convicted by the tribunals are held) from applying their usual domestic rules for clemency measures to individuals convicted of international crimes by the tribunals. Instead all three bodies require that the decision to reduce sentences must be made by the judges of the tribunal themselves, taking into account set criteria (ICTY Statute article 28, ICTR Statute article 27, SCSL Statute article 23; see ICTY Rules of Procedure and Evidence Rule 125; ICTR Rules of Procedure and Evidence Rule 126 and ICTY Practice Direction on the Procedure for the Determination of Applications for Pardon, Commutation of Sentence and Early Release of Persons Convicted by the International Tribunal, 15 August 2006.)

When read together with the numerous international instruments requiring that persons suspected of international crimes be tried, and if found guilty sentenced, by courts, it is clear that international law does not permit the granting of pardons or clemencies in respect of international crimes, except by judicial officers and according to clear procedures and criteria. When far from this circumstance, the initiative of the Decree on Presidential Clemencies is not based on any legal guarantee.

In the context of the RDTL Constitution, this means that international crimes are outside the scope of the President’s power to grant pardons and commutations. For this reason, in granting commutations of sentence to the nine individuals named above, who have been convicted of crimes against humanity, the President acted outside his constitutional power, and therefore invalidly.7. 7. RELIEF SOUGHTFor the reasons set out above the petitioners request the court to examine this petition in the light of the Constitution of the Democratic Republic of East Timor, international law and general principles of justice and:

1) order the production of all documents relevant to the process by which the mentioned decree was formulated, including correspondence between the President of the Republic and the Government. Some documentes provided by the Government relating to the recommendations on presidential clemencies are annexed.2) based on the grounds set out above, declare the Presidential Decree 53/2008 of 19 May 2008 contrary to the constitution, based on the pertinent judicial provisions and either:(a) declare the decree void ab initio and without effect; or

(b) quash the decree.

Imbued by the the highest respect for Your Excellency, President and Judge, the Court examining this case, and devoting the respect of the petitioners to the constitutional principles that guide Democracy, the petitioners, require therefore that this request be appraised, with publicity ensured for the matter, to safeguard the memory of those who fought for independence, and in solidarity and respect for their respective families and all the East Timorese, those who have fallen, those who are still building this Nation and the future generations.

Dili, 26 June 2008

SIGNATURE OF THE PETITIONERS
Fernanda Mesquita BorgesJosé Luis de OliveiraPadre José Filipe de Jesus Pereiran de AraújoPadre Angelo Salsinha TrindadeJosé AmaralMaria Afonso de JesusEdio Saldanha BorgesSisto dos SantosMaria Manuela Leong PereiraHiginio Posinato Zamor E SilvaLuis de Oliveira SampaioThe Solicitor, with attorney power to act:Natercia Barbosa de DeusDili, 26 June 2008

Considering recent Presidential Decree No.52/2008 of 19 May 2008 on Presidential Clemencies we the petitioners invite you to think about the following issues:

Considering that the rule of law presupposes clear rules and requires the observation of due process;

Considering all Presidential acts or of sovereign organs should be inspired and observe the publics interest;

Considering the history of suffering of the people, all acts of the sovereign organs specifically the President of the Republics should respect the repercussions of the memory of this history;

Considering that this presidential clemency nurtures the seed of impunity;

Considering that the People of East Timor outlined in the CAVR – Chega Report their aspiration for justice, respect of human rights, concept of reconciliation, freedom, democracy, peace and wellbeing which embraces the perspectives of the past, the present and the future;

Considering the recent experience of 2006 violence, requires that all decisions made by governing officials are inspired by the responsibility to ensure security and peace for the people, the promotion of democracy and the rule of law;

For this reason, we are inviting all national and international NGO’s to think about the meaning of the clemencies according to the reason that made your institution devote your efforts in the peoples struggle for independence. We attach the petitions to the Court of Appeal and Provedor of Human Rights and Justice (Ombudsman) for your reference. [ see http://www.etan.org/et2008/6june/29/27-11tcitz.htm for links to documents ]

In respect of the memory, the victims and the process to construct and consolidate democracy in East Timor we look forward to your support in our initiative to request the court to review the constitutionality of Presidential Decree of 19 May 2008 based on the following grounds:

Presidential Decree No. 53/2008 of 19 May 2008 is invalid for failure to comply with the requirements of RDTL Constitution section 85 (i).

Presidential Decree No. 53/2008 of 19 May 2008 is invalid for failure to comply with due process in particular, the sources of a due process requirement, the rule of law and respect for the fundamental rights of individuals, the doctrine of the separation of powers and the content of the due process requirement.

Presidential Decree No. 53/2008 of 19 May 2008 is invalid for violating the principle of separations of powers by infringing on the exclusive powers of the Parliament.

Presidential Decree No. 53/2008 of 19 May 2008 is tainted by a conflict of interest.

Presidential Decree No. 53/2008 of 19 May 2008 violates section 160 of the Constitution.

Presidential Decree No. 53/2008 of 19 May 2008 violates fundamental rights and rules of international law enshrined in the Constitution in particular, international law and clemencies for crimes against humanity and international law and clemencies for crimes against humanity.

For the reasons set out above the petitioners request the Court of Appeal to declare the Presidential Decree No. 53/2008 of 19 May 2008 contrary to the Constitution and either;a) declare the decree void ab initio and without effect or

b) quash the decree.

Friend of Timor Leste, being legal is not enough. It must be ethically and morally acceptable in a historical perspective considering our responsibilities for the next generation.

Thank you for your support. Names of Petitioners: Fernanda Mesquita Borges, Jose Luis de Oliveira, Padre Jose Filipe de Jesus Pereira de Araujo, Padre Angelo Salsinha Trindade, Jose Amaral, Maria Afonso de Jesus, Edio Saldanha Borges, Sisto dos Santos, Maria Manuela Leong Pereira, Higinio Positano Zamor E Silva, Luis de Oliveira Sampaio.

Fernanda Borges Spokesperson for Petitioners Mobile: + 670 733 07 44 Email: pun69tibar@gmail.comDili, 30 June 2008

United Nations Integrated Mission in East Timor Daily Media Review

Carrascalao: supports Xanana to debate with Alkatiri – Diario Naciional

President of Social Democratic Party (PSD) Mario Viegas Carrascalão has given his total support to Prime Minister Xanana Gusmão for a public debate with the former Prime Minister Mari Alkatiri about the accusation of corruption, collusion and nepotism (CCN).

“If I were the Prime Minister, I would accept to have the debate with Alkatiri as it is good for the public to know whether it is right of wrong it depends on Prime Minister Xanana, he accepts or not,” said Mr. Carrascalão on Monday (30/6) in the National Parliament. Mr. Carrascalão said that he supports the debate.

“If people accuse us, it is better to open ourselves and defend our position rather than keeping quiet then others will say that we recognize our guilt,” added Mr. Carrascalão.

UNMIT awards medals to 141 GNR – Diario Nacional

United Nations Integrated Mission in Timor-Leste (UNMIT) through its Special Representative of Secretary-General (SRSG) Atul Khare awarded medals to 141 officers of Formed Police Unit (FPU) from Portugal (GNR) on Monday (30/6) in the Headquarter of GNR in Caicoli, Dili.
The award medals directly assisted by President Ramos-Horta, Minister of Justice Lucia Lobato, ISF Commander James Baker, Acting Police Commissioner Juan Carlos Arevalo and the Director of Police Academy of PNTL Carlos Geronimo.

“I want to congratulate the GNR members who provided security in critical [time] after the attempt of February 11. I just want to think back that as a police, should be critical to guarantee security and guarantee the security for the leaders,” said SRSG Khare.

Separately, the Commander of GNR João Martinho said that the awarded medals are very important and special to the 141 GNR members to think and continue dedicate their services for the peace.

The overall security situation in the country remains calm when GNR with the people maintain the security in the country.

Commander Martinho also said that GNR is also providing academic formation to PNTL during three months about tactics in taking anticipation to the law and order.

Investigation of PDHJ: no indication of corruption in the Ministry of Justice – Diario Nacional

The investigation which was undertaken by Provider of Human Rights and Justice proved that there is no corruption in the Ministry of Justice.

With reference to the allegation of corruption by the Provider of Human Rights against the Ministry of Justice, Lucia Lobato stated there should be an urgent investigation undertaken. Lobato said that when the result of the investigation does not indicate any corruption she will react against the Provider of Human Rights.

In response to this statement, Provider Sebastião Dias Ximenes said Minster Lucia Lobato has no competency to act against him because it was not Provider of Human Rights making the allegation. He added that Minister of Justice should act against the media and those who report the case because they got the report from media and some other sources.

Luis: no transparency of replacing Baucau District Administrator – Diario Nacional

The District Administrator of Baucau Luis Aparicio Guterres a plan by the Ministry of State to nominate another person to substitute him is not transparent because Minister of State does not keep his promise.

On 10 June 2008 the Ministry of State sent him a letter to discharge him from his position as district administrator.

In relation to this, Aparicio said it is hard to abandon his position because he really loves this nation and young people of Baucau, but as a civil servant he has to accept the decision from Ministry of State.

According to Mr Guterres, there is no transparency from the Minister of State Arcangelo Leite because on 29 May 2008 when he was inaugurated, the Minister stated he fully supported him.

James Baker: ISF to continue work with PNTL and UNPol – Timor Post

The FSI commander James Baker said after attending the medal ceremony for the UN’s GNR that the ISF will cooperate with UNPol and PNTL to maintain law and order in Timor-Leste.

“We have sent our soldiers to every district so we hope that with our presence may contribute to peace, stability, prosperity and success in this state”. Baker added “after 11 February attack the situation is under control, not only because of the the PNTL, UNPol and the ISF cooperation, but because of good and strong contribution from the societyl,” he said.

UNPol handover responsibility: PNTL ready to take over security responsibility – Timor Post

The commander-designate of PNTL Afonso de Jesus yesterday said “PNTL are ready to follow their duties to set security to secure this state.

“If UNPol will handover their duties for us (PNTL), but I (Afonso) ask to UNPol that before handover their mission they need to pay attention to some districts that still suffer from violence – it is there where the PNTL still needs to be accompanied by UNPol”.

The PNTL still faces some problems about lack of logistics, places, and transportation but as Timorese we try to cooperate with the government to strengthen the security for this state. Every problem that the PNTL faces, such as transport and equipments is temporary; in 2009 the government will approve funds to complete it,” said Afonso.

From East Timor Legal Information Site