East Timor Law and Justice Bulletin

Ainaro police recalls illegal weapons - Televisaun Timor-Leste, 30 August
Police of southern district of Ainaro has recalled about 100 illegal weapons, such as home-made weapons like Ambon arrows, ammunitions and others. Ainaro District Police Commander, Calisto Gonzaga said residents in Ainaro voluntarily handed over the weapons to the police force during the month of August. The commander said operation of recalling the illegal weapons would be continued until the deadline set by the Government had come to end. He added the police in Ainaro was currently facing shortcomings of transport to help support them in doing their tasks.

Difficult to Reform PNTL's Mentality, says former PM - Suara TimorLorosa'e, 29 August 2008
East Timor's former Prime Minister Estanislau Aleixo da Silva saidThursday (29/8) that though the AMP government was trying its best to reform the East Timor National Police (PNTL) as law enforcement institution of the country the reform itself was not an easy task to do. "To reform the mentality of the PNTL is not an easy task and I think the PNTL members who get involved in certain cases have to be investigated, not just making public relations", da Silva said.

He said he does not agree with the mere public announcement about PNTL without proper independent investigation in order to know who should be held accountable in the tribunal. Da Silva added there were a lot of irregularities found within the institution of the PNTL and that these irregularities would reduce thelevel of people's confidence in the PNTL. The former Prime Minister made the suggestion that one way of tackling these irregularities was to dissolve the Task Force as this unit was believed to be involved in these irregularities and other related problems of the institution.

Australian Forensic Team has no right to publicize investigative findings, says AMP's da Costa - Timor Post, 29 August
National Congress for Timorese Reconstruction (CNRT) MP Aderito Hugoda Costa said the Australian Forensic Team had no right to publicise investigative findings on the shooting dead of rebel leader AlfredoReinado Alves and his follower, Leopoldino da Costa on February 11. Da Costa said only the country&'s Public Prosecution had the right and had legal power to publicize the findings of investigation on the incident of February 11. Da Costa was referring to the result of autopsy by the Australian Forensic which was publicised by international media outlet called the Australian, saying Reinado and his man were shot at close range. He added the Australian Forensic Team had damage the country's credibility, because publication on the autopsy should not be done by the team that worked for laboratory.

UN disagrees on setting up international investigative commission, saysCNRT MP - Timor Post, 29 August 2008
Following the ongoing polemics on the approved resolution of settingan international investigative commission into the attempted assassination of President Horta, National Congress for Timorese Reconstruction (CNRT) MP Aderito Hugo da Costa, said the Government wanted to implement it, but the UN disagreed with the resolution made. Da Costa said the UN disagreed with the resolution, because it did not fully give power to the international investigators in doing the investigation and making recommendations.

"In the approved resolution, some of its article saying theGovernment can set up the commission, yet the investigators have no right to make recommendations," Da Costa said. Da Costa added the Government had tried to approach the United Nations Integrated Mission in Timor-Leste (UNMIT), however there was no agreement reached, because the resolution closed the door for the UN to makerecommendation.

Local youths to hand in their home-made weapons - Timor Post,29 August 2008
Bairo Pite's village head of the Don Aleixo sub-district in Dili, Jo daCosta Belo informed Thursday (28/8) that in the near future he would work together with other local and community leaders to organize youths tohand in their traditional home-made weapons to security and law enforcement officers. "Now we have a program to initiate meetings with the police to discuss how to coordinate with youth and sub-village heads to hand in illegal weapons", said da Costa Belo. He added as a village he will organize all local youth to contribute tothe collection of illegal weapons in order to restore peace in the Bairo Pite village.

Police officers to be certificated in training - Radio Timor-Leste, 29 August
About 100 of Timorese Police (PNTL) officers have been certificated after successfully participated in training provided by the UN police at the Police College Training centre. The participants were from different police units and were focused on how to respond conflicts, tactics and corruption handling. Police Commander, Inspector Mateus Fernandes said the country's police had showed their good performance and strong professionalism in responding situation in the capital Dili. Fernandes said the country's police officers were still lacking skills, but had showed their patriotism within the community.

High Level Meeting between TL - Indonesia to be held in Dili to follow upTFC Recommendations; Radio Timor-Leste, 29 August 2008
East Timor hosted a two-day meeting in the compound of ForeignMinistry and Cooperation in Dili between Indonesian andTimor-Leste's senior officials to discuss about the follow up of the Truth and Friendship Committee (TFC). The Director for Regional Integration Roberto Soares said Friday (29/8)the meeting had indeed touched some recommendations of theTFC.

However, other bilateral issues such as such as the issuance of student visas, visa-on-arrival, and medical assistance to the victims of war were highlighted in the meeting. Mr. Soares added the meeting was above all to keep cementing the relationship between the two neighboring countries.

His Indonesian counterpart, Reslan Ishar Jeny, the Director forMultilateral Affairs said they also discussed how Indonesia could help security sector reform in Timor-Leste. Asked about the state responsibility as part of following up the recommendations of the TFC, Mr. Jeny said both countries committed to establishing good relationship and therefore problems of the past should not color the endeavor of strengthening good relationship.

NZ to support Timor-Leste in community policing, says Foreign Minister Da Costa - Radio Timor-Leste, 29 August
Minister for Foreign Affairs and Cooperation, Zacarias da Costa, said the Government of New Zealand would help support the country in the community policing. The minister said NZ wanted to support Timorese police with the system being applied in that country. "In the field of security, PrimeMinister Gusm and his counterpart talked on the NZ's support for the country in community policing how the Timorese police could work closelyto their people," Da Costa said. NZ has also pledged to provide scholarship for the country in the field of defense and is ready send more its soldiers to be deployed in the country.

President Horta urges Government to give sanction to businessmen - Televisaun Timor-Leste, 29
President Jose Ramos Horta has urged the Government to impose sanctions to businessmen that continued increasing good prices in the market. The president said the Government had reduced tax price, so that the businessmen could reduce prices in the market, yet were still hike, therefore the Government should be suing those who keep increasing the price. Horta said the prices which were still staying in high in the country had a severe impact on the people's lives to buy basic needs. Observations made by the TV's journalists that the prices of basic goods in the markets are still increasing.

UN urges Timor's Police to be professional - RTTL 29 August 2008
The United Nations Mission in East Timor (UNMIT) had urged the East Timor's National Police to be professional in serving the country and its people.

Killers of Lobato's relatives deserve 100 years in prison, says Ramos Horta - Radio Televisaun Timor Leste , 29 August 2008
East Timor's President Jose Manuel Ramos Horta stated the killers of Rogerio Lobato's relatives deserve to get 100 years in prison.

Radio New Zealand 29 August 2008 East Timor's prime minister says he hopes over the next year New Zealand troops will no longer be needed to maintain law and order. Read the full article...

United Nations Integrated Mission in East Timor: The weapons collection campaign will conclude 31 August

Baucau, 22 August – As part of the Government’s ongoing weapons collection campaign, citizens in Buibau Village, Baucau Sub-district surrendered quantities of old ammunition and military equipment to representatives of the F-FDTL and PNTL on 9 August.

Among the items handed in were 2,288 ball rounds from a variety of mixed weapon types and one Kenwood hand-held radio set.

Officials at the hand over ceremony commended the local population for the surrender to the competent authorities and said it was a great example that should be followed by all other villages.

The weapons collection campaign will conclude 31 August.

East Timor Directory - Discover enigmatic East Timor online with East Timor Directory

Televizaun Timor-Leste, 27 August - East Timor's Popular Women's Organization (OPMT) urged the National Parliament Wednesday (27/8) to speed up the abortion law to save women's lives and to prevent criminalization of abortion practices in the country.

The urge is made by women's representatives from all 13 districts during a one-day seminar to commemorate the 33rd anniversary of the women's organization. OPMT's Secretary General, Melita Alves, said the criminalization of abortion in the country seriously affects women's lives though in fact there was no legal framework for such acts.

OMPT, as Fretilin's women's organization, was established on 1975 to fight for the emancipation of Timorese women.

Post sponsored by East Timor Women - Raising awareness of the plight of women in East Timor.

President Horta proposes international investigators - Radio Televisaun Timor Leste , 28 August 2008
President Jose Ramos Horta has proposed an international investigative team to hold an investigation into the murder of former interior minister Rogerio Lobato's family members during the country's recent crisis.

The President said if the country's prosecutor general had no otherway to proceed, he would ask international investigators to follow up the case. Horta said he would contact the United State's FBI, Australia, Indonesia, Portugal and Malaysia to help process the case. However, Horta also gave an opportunity to the general prosecutor and police to follow up this case before contacting the internationals.

Martial Arts Groups say "Yes To Peace!" - Radio Televisaun Timor Leste , 28 August 2008
Two influential martial arts group in East Timor, 7-7 and PSHT, made a peace pact on Wednesday (28/8), ending long-standing conflict among the members.

The peace pact was made during a joint press conference where representatives of each martial arts organization made clear commitment to end violence and to accelerate the development of the country.

In addition, Pedro Aparicio, representing PSHT, and Sanamia of 7-7 pledged not to be used as political instrument by politicians to pursue their own political interests. The martial arts groups also apologized for their past wrongdoings committed by their members, notably during 2006 political crisis.

By saying "Yes, to Peace!" the groups promised to restrain themselves from violence in order to restore stability in the country. The peace pact of these long-standing arch-rivals was mediated by Dili's HAK Foundation.

Government officials should stay away from corruption, says Deputy PM - Radio Televisaun Timor Leste , 28 August 2008
Deputy Prime Minister Jose Luis Guterres has called on the country's Government officials to stay away from corruption within the state institutions. Guterres made the comments during a meeting for executing the state budget of 2008 and proposed state budget of 2008 at the Office of the Foreign Ministry today (27/8).

"People who are working at the state institutions should be professional and dedicated in doing their tasks," Guterres said. He called on all the functionaries to contribute to the country by giving information about matters that could damage the country's image.

Lasama Urges Govt to act on the Parliament’s ResolutionTimor Post - 28 August 2008
President of the Parliament Fernando 'Lasama' de Araujo has urged Xanana's Government to follow up the Parliament's decision about setting up an international investigative commission into the events of 11 February 2008.

Procurement is not place for corruption, collusion and nepotism, says Soares - Suara Timor Loro Sa'e , 28 August 2008
Director for Procurement, Francisco “Burlaku” Soares, has denied allegation of corruption, collusion and nepotism within the Department of Procurement, because procurement is not a place for corruption, collusion and nepotism practices.

LDP stops cooperating with CNE - Radio Televisaun Timor Leste , 28 August 2008
Timorese Democratic Progressive League known as LDP has decided to not cooperate anymore with Timorese Electoral Commission (CNE) until the next general elections to be held in 2012.

Spokesperson for LDP, Nelson Correia said they made such decision, because CNE only provided budget for the political parties that had seats in the Parliament. Meanwhile, spokesperson for CNE, Martinho Gusmao, said the decision madeby LDP was reasonable, although they had no seats in the Parliament, yet still following the process. Gusmao added if LDP wanted to halt its relations with CNE that was fine, because the law had specifically defined it.

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

In an interview with AFP in Sydney, Australia, this week, East Timorese Prime Minister Xanana Gusmao has foreshadowed constitutional reform and strong anti-corruption laws in the grief-stricken nation.

Gusmao also admitted that, while he believed that East Timor was becoming a non-violent, tolerant society and hoped it would have a bright, democratic future, corruption, weaknesses in the legal system and the unrest of the past few years had proved major hurdles.

In relation to the disintegration of law and order in 2006 when fractures within the military and between the police and the military erupted into violence that peaked with the massacre of 9 police officers in front of the Justice Ministery in Dili, Gusmao said that he did not believe that further problems would emerge with the East Timor Defence Force.

"We are making progress in the reform process. The government's priority this year was legal reform and although there may be a need for minor changes to the constitution in due course, he did not foresee sweeping changes.

"It needs to be revised, but not major changes," he said.

Amendments to the penal code had also been implemented.

Highlighting corruption as a particular problem, Gusmao said a new anti-corruption law would be passed this year and a new anti-corruption commission established. "We had a very bad level of corruption," he said. Read the full report...

Dark side of President of East Timor

Hukum dan Politik, Gatra Nomor 42, beredar Jumat, 7 September 2004

Jakarta, 6 September 2004 14:45

There was a commotion in the editor's office this morning with the presence of a man with the initials JM . The man who admits to being ex-army of the Satu Kompi Brawijaya Division and appeared keen to admit that, due to feelings of frustration and stress, ongoing for years, he could no longer keep quiet about the connection with the involvement of the military operation ABRI/POLRI (TNI/POLRI-red) in East Timor from the year 1994 to the end of 1996.

The journalists of this magazine were confused by this gentleman. However, after several minutes the ex member of ABRI started to explain to the GATRA correspondent about several involvements in the killing operation of several important figures of the pro freedom movement of East Timor which ran from 1994 to 1996.

Here the magazine correspondent was not very surprised with the information, as it was already an open secret that in the mid 90s the war in East Timor was being stoked by ABRI/POLRI (TNI/POLRI-red) on several of the East Timor guerrilla defence basis or as they are better known by their ABRI term, GPK-Fretilin.

However, the story became very different and surprising when ex-sergeant JM (who has to keep his name secret for the safety of his family) explained all the ABRI operational documents to do with the Front Clandestin and East Timor Armed Force.

The main target of the operation was the leader of the Front Clandestin organisation who at that time was led by his commander Keri Laran Sabalae. One thing which was very interesting and also sensational was the dilemma of the military operation which was directly under the command of Colonel Mahidin Simbolon (Simbolon's rank at the time) with the cooperation with Xanana Gusmao, the "resistance leader" of East Timor, who was incarcerated in LP Cipinang Jakarta.

Ex-sergeant JM said that he himself was present at the meeting between Colonel M. Simbolon which was conducted in a room of the Lembaga Permasyarakatan Cipinang in Jakarta.

The basis of the meeting was the desire and the readiness of Xanana Gusmao to "centralise" radical groups into an East Timorese resistance organisation body which, according to Xanana, could threaten the efforts of the "quiet resistance" and reconciliation with diverse East Timor political groups who were being hurried along to unify the people of East Timor.

Because of this, Xanana Gusmao was ready to work together with Col. M Simbolon to annihilate the radical groups of "GPK Fretilin" which among others consisted of several commandants of the Fretilin movement and its followers with names Rodak Timur, Keri Laran Sabalae, David Alex, Konis Santana and Eli Fohorai Boot.

These names were inserted very clearly in a military operation document appendix 1994-1996 which was unfolded by ex-sergeant JM. The core of the "cooperation" between Xanana's camp and M. Simbolon was the principle of mutualism: Simbolon could achieve success in his military career and Xanana would even become more flexible in controlling the resistance movement which he commanded from LP Cipinang.

It seems clear indeed that the president of the new East Timor was very cunning in maintaining the importance of his group by exterminating his own commanders, who were deemed disloyal to him or even if loyal, according to Xanana they over- prioritised the "violent path" to reach national goals.

Seen from the documents and the various photographs in the possession of JM, it is very difficult to doubt the origin of this story. This is the hidden version and the dark side of the "charisma" of Xanana who was so exalted by his own people. Working with the "enemy" to annihilate his own people.

Ex-sergeant JM himself says the burden he has carried for this time has become lighter with his admittance. He regrets deeply why the East Timorese president was so sly in order to victimise part of the members of his people for the importance of his political strategy.

Concerning Major General Simbolon, Serka (sergeant major), JM makes the appeal that the TNI/POLRI headquarters immediately investigate this case.

Because the nature of the military operation at that time secrecy from the unit which was led by Col. M. Simbolon. ABRI headquarters only obtained the military operation appendix copy after the defeat of several "GPK Fretilin". "

Because of this, Major General Purnawirawan Mahidin Simbolon must be immediately investigated remembering that 'the stars on his shoulders' of the general is the result of conspiracy with the enemy of the Republic of Indonesia at that time," adds ex sergeant JM. [IY, GAT]Imung Yuniardi (Semarang)

Radio Timor Leste 26 August 2008 - Police conducted an operation against illegal gambling in different parts of the East Timorese capital, Dili. During the operation, the police seized some facilities related to the illegal gambling, such as coupons for a kind of gambling known as SDSB, an amount of money and a table for "bola guling".

Dili District Police Commander, Inspector Pedro Belo, said that during the operation the police were unable to detain those who engaged in the gambling, as they all escaped when the police arrived. The commander said the police had secured the evidence seized to be used for legal purposes and said they had investigated the case and had officially handed over the case to the Pubic Prosecution for further legal charges.

Radio Televisaun Timor Leste, 26 August - Dili District Police Commander, Inspector Pedro Belo has called on all residents in the capital Dili to hand over illegal weapons which are still at large within the community to the security forces.

The commander said if the residents did not want to hand over the illegal weapons they were hiding, the police would arrest them if the deadline set by the country's authorities had passed.

Belo said in supporting the recall of all the illegal weapons in the capital, that the police had coordinated with the Dili district administrator and village chiefs to contact residents to hand over the weapons they were carrying.

Belo also denied an allegation that his police officers were suspected of being backed and involved in the illegal gambling. "If any of the police officers are found guilty in backing the illegal gambling, they should be sanctioned," Belo said.

Prosecutor General meets with President Horta - Radio Televisaun Timor Leste , 27 August 2008
Prosecutor General Longinhos Monteiro has met with President Jose Ramos Horta today (26/8), to discuss developments in the investigation into the attempted assassination of President Horta and the ambush of Prime Minister Xanana Gusmao on February 11.

AMP Government afraid of setting up investigative commission - Timor Post , 27 August 2008
Former Prime Minister Mari Alkatiri ,who is also Fretilin current secretary general, said the Parliamentary Majority Alliance (AMP) Government did not want to set up the proposed international investigative commission because they were afraid of the commission's report findings.

Alkatiri said the international investigative commission was important to investigate the assassination attempt to President Horta on February 11 and said the Parliament had approved the resolution of setting the commission, but was yet to implement. Alkatiri said if the Government would not implement the resolution, people would not believe the result of the ongoing investigation being held by the Prosecutor's Office, therefore the international investigative commission was important to be established to help support. He added the Government did not abide by the approved resolution and that had showed the Government's arrogance.

House construction project for veterans does not continue - Timor Newsline , 27 August 2008
Spokesperson for LUTA-HAMTUK NGO, Jose da Costa, said house construction for Timorese veterans in the eastern district of Vikeke had not been continued for about nine months without any reason fromUnipesoal Company.

Da Costa said the veterans and residents in Vikeke were concerned about condition of the houses constructed, as they were too narrow and were improper for the veterans to live in. LUTA-HAMUTUK called on the Government, mainly the state secretary for veterans to explain about this matter and urged him to consult first the local authorities and the veterans before the construction started. LUTA-HAMTUK also recommended the state secretary to seriously look at this problem and urged him to call on the company.

Residents continue handing over illegal weapons - Timor Post , 27 August 2008
Residents in the Capital Dili’s suburbs, such as Vilaverde and Comoro, continued handing over illegal weapons including ambon arrows, knives and other home-made weapons to the security forces.

Dili district Police Commander, Inspector Pedro Belo, said the residents handed over those illegal weapons to contribute to the peace and stability in the country. The commander said the police team was in coordination with Dili district administrator and village chiefs to contact the residents on the recall of the weapons. He added that police intelligence had identified places where weapons are believed to be hidden and would keep recalling them.

Reinado's father urges the country's authorities to publicise investigative findings Timor Post , 27 August 2008
Former rebel leader Alfredo Reinado Alves’ father has urged the country's authorities to publicize the investigative findings of the attempted assassination to President Jose Ramos Horta and the death of his son on February 11.

Fretilin's peace rally is not power-thirsty, says the party bench leader- Diario Nacional, 27 August
Fretilin's bench leader in the National Parliament, Aniceto Guterres stated the party's peace rally in the near future was not power-thirsty motivated but just to normalise the country's current politicalsituation.

"Fretilin's peace rally is intended to renormalise the situation in the country; not because of ambition nor a thirst for power", Guterres told journalists Tuesday (26/8). He then said the peace rally was a legal and constitutional action and no one else could prohibit it as the country adopted the rule of law. "We don't need to threaten the AMP government. We, Fretilin, from the outset do not recognize the legitimacy of the incumbent government and the AMP has not developed the country but on the contrary had destroyed it", saidGuterres.

East Timor's Immigration Police and Dili's Task Force detain ten foreigners - Televizaun Timor Leste, 26 August
Immigration Department of the East Timor's National Police, incollaboration with Dili's Task Force had detained 10 foreign nationals due to violation of the immigration law. PNTL's head of public information, Moises Amaral, said the foreignerswere detained because they came in the country with tourist visas but infact they get involved in economic and employment activities. Three of the aliens are Indonesian and the rest are from China. Eight of these aliens are working in the Moon Bar while two of them areworking with Moris Foun drugstore. In the meantime, the foreigners are being detained at the Dili districtdetention center for investigation purposes.

CNRT and Fretilin urge Public Prosecution to charge recent crises master mind - Diario Nacional, 26 August
National Congress for Timorese Reconstruction (CNRT) and Fretilin MPs has urged the country's Public Prosecution to charge the master mind of the country's recent crises in 2006. MP Carmelita Moniz said the Parliamentary Majority Alliance (AMP) Government should have implemented the approved resolution for setting up international investigative commission. Moniz said the country needed a hand from the proposed international investigative commission to help support the Public Prosecution and some of international experts that were currently doing investigation into the case and said they could charge soon the suspects.

Fretilin MPs Chief, Francisco Miranda Branco said they urged the Government to implement soon the resolution and had questioned as well about minister for Foreign Affairs and Cooperation who had not conveyed the proposed investigative commission in the recent meeting of the UN Security Council.

Combating corruption should begin from the top: Mari Alkatiri - Diario Nacional, 26 August 2008
Fretilin secretary General Mari Alkatiri, said in combating corruptions within the country should begin from the top to bottom. Alkatiri said if the Government had identified corruptions and that should begin investigating the leaders, not only pointing the staffs, saying they engaged in corruption.

"If the Government recognizes that there is corruption, but the Government's fouls only appoints its staffs. If we want to talk about purchasing rice, not only a minister to sign it, but the prime minister should also sign it," Alkatiri said. He added the investigation into purchasing rice should start from signing the documents of purchasing the rice.

Procurement ready to be investigated, says Soares - Timor Post, 26 August 2008
Following the corruption allegation within the Procurement Department, Director for the Timorese Procurement, Francisco 'Borulako' Soares, said his department was ready to be investigated by the Human Rights and Justice Ombudsman (PDHJ).

"We are hoping that PDHJ can hold an in-depth investigation into the corruption allegation. If the PDHJ wants to take the investigative findings to the court, we are ready to respond," Soares said. Soares said he did trust that there would be no corruptions found in his department, because so far all process ought to follow the rules they had.

Government approaches UN for setting up investigative commission - Timor Post, 26 August
The Parliamentary Majority Alliance (AMP) Government has approached the United Nations to help support process of setting up an international investigative commission into the assassination attempt and an ambush to Prime Minister Xanana Gusmão on February 11.

National Congress for Timorese Reconstruction (CNRT) MP Carmelita Moniz said she did trust that the Government had made an approach to the UN and said she did not know the reason why the proposed investigative commission was yet to be set up.

Moniz also said the Parliament could not force to implement the resolution of setting up the international investigative commission, as the power was in the hands of the Government.

"The Parliament has given power to the Government to implement the resolution, but it depends the on the Government," Moniz said.

Timorese Border Police will not tolerate anyone who illegally crossing border - Televisaun Timor-Leste, 26 August 2008
The Timorese Border Police Unit has said they would not tolerate anyone who wants to illegally cross the border zone. In line with the border's security issue both Timorese Border Police Unit (BPU) and Indonesian Armed Forces (TNI) has held one-day-meeting, talking on problems being faced by the two sides in the terrain.

Both PBU and TNI soldiers also have questioned about illegal activities in the border and the border residents' livestock went missing. Timorese BPU Commander, Quintiliano "Neno" Soares said they would build a joint security post to be used for sharing information and resolving problem they might face in future.

Justice Ministry opens door for PDHJ's investigation - Diario Nacional, 25 August
Timorese Human Rights and Justice Ombudsman (PDHJ), Sebastiao Diaz Ximenes, said the PDHJ had commenced holding investigation into an allegation of corruption within the country's Justice Ministry, including the Ministry of Health.

"We have commenced investigating corruption allegation found in the Ministry of Justice and Health. The investigation was held last week," Ximenes said. He added they would publicize the investigative findings soon after the investigation had come to end.

Meanwhile, Minister for Justice, Lucia Lobato said she was not shocked with the ongoing investigation and said her ministry opened the door for the PDHJ's investigation.

Portuguese justice minister meets with Fretilin secretary general - Diario Nacional, 25 August 2008
Portuguese Justice Minister, Alberto da Costa has met with former Prime Minister Mari Alkatiri who is also current Fretilin secretary general, sharing ideas on Portugal's aid support for the country in the field of justice.

Minister Da Costa said it was important to get various opinions from all sides to strengthen the countries' bilateral cooperation which had been built when the former government was in power. Da Costa said other field needed to be strengthened was training for supporting legal practitioners in the field of justice. He added judicial system in Timor-Leste was necessarily to be supported and that the Portuguese jurists and lawyers would come to help.

Translated from original in Portuguese

DEMOCRATIC REPUBLIC OF TIMOR-LESTE
OFFICE OF THE PRIME MINISTER

Dili, 18 August 2008

DISPATCH No: 023/IVGC/PM

I agree with the conclusions reached by the Instructor of the ordered Investigation Procedure.

The facts reported are particularly serious as they occurred within the PNTL, an Institution that is required to promote and strengthen trust in the community in regard to the actions it performs.

In view of the need to study more closely the outlines of the financial management of the Joint Command Operation "Halibur", in the part that concerns the PNTL, I order that a disciplinary procedure be commenced on the following PNTL members:

a) Fatima Motu Mali, PNTL Sub-Inspector;
b) Fatima Mendonca, PNTL Sub-Inspector;
c) Antonio de Sa, PNTL Inspector, Commander of CSP;
d) Paulo Assis Eelo, PNTL Sub-Inspector, Deputy Commander of CSP;
e) Honorio Sarmento, PNTL Agent,Head of Logistics of CSP;
f) Agapito Monteiro, Head of Operations Division;
g) Tobias Saldanha, Head of Personne1 Division;
h) Patricio de Jesus, PNTL Sub-Inspector, Commander of Suai District;

The outcomes and conclusions of this investigation shall be part of the disciplinary procedure.

As it may be inappropriate for the members above to remain in their current roles, I determine as a temporary measure that they should be suspended for a period of 90 (ninety) days, being removed from service for that period and losing 1/6 (one sixth) of their base wages, in conformity with article 69 paragraph 1 clause c) and paragraphs 2, 6, 7 and 8 of Decree-Law no. 13/2004, of 16 June (Disciplinary Regulation of the National Police ofTimor-Leste).

I further order the removal of the right to bear and use weapons distributed to the persons named above, as well as the seizure of any documents or objects that have been used, or might continue to be used, in the practise of the alleged offences.

As the report alleges facts that might be in contravention of the penal framework, I order the complete and certified copy of the entire case to be sent to the Honourable Prosecutor General of the Republic for purposes of criminal proceedings.

In regard to the Instructor, it is requested that the Honourable Prosecutor General of the Republic appoint the same individual to undertake the investigation procedure. Should there be no impediment or constraint, this individual should be immediately appointed without the need for additional formalities.

Considering the complexity of the case, the Instructor has 45 (forty-five) days to complete it, starting from the date of notification of this dispatch.

Therefore, I inform the Honourable Secretary of State for Security of the contents of this dispatch for the purposes of coordination and execution.

Let it be done.

Prime Minister and Minister for Defense & Security
(signed)
Kay Rala Xanana Gusmao

The autopsy filed by Dr. Muhammad Nurul Islam into the death of Leopoldino Mendonca Exposto. The manner of death is "Homocide" caused by a gunshot injury to the head, supposedly entering through the back of the head and also fired at high-velocity from a close range. Read the report...

The autopsy report for Alfredo Reinado conducted by Dr. Muhammad Nurul Islam of Hospital Nacional Guido Valadares, Departamento de Pathologia Forensica observed by agents from UNPOL, PNTL & UNDP. The manner of death specified is "Homicide" as a result of multiple gunshot wounds, including one inflicted from the front into the neck. All wounds declared to have been high-velocity & fired from a short distance. Read the report...

Major Alfredo Reinado (deceased)

03 July 2008 - In an important demonstration of solidarity with nurses in East Timor, ANF Federal Secretary Ged Kearney and ANF Tasmania branch Organiser Agnes Stanislaus-Large travelled to Dili at the end of June to distribute much-needed funds to nurses affected by the unrest in 2006.

Over the last two years, ANF members have generously donated over $150,000 to assist members of the East Timor Nurses' Association to rebuild houses that were damaged or destroyed in the unrest. The ANF worked together with Union Aid Abroad - APHEDA and the East Timor Nurses' Association to distribute the money to 130 nurses.

A formal ceremony was convened so that Ged Kearney could personally meet the nurses whose homes had been damaged or destroyed. "It was a humbling and emotional experience to meet the nurses who had continued to work through the unrest, caring for injured and sick people in the hospitals, all the while knowing that they had no home to go back to," Ged Kearney said. Many nurses and their families stayed in camps in the hospital grounds continuing to work long and difficult hours.

Bernardo Amaral do Rosario, one of the nurses who received the funds, would like to thank the ANF on behalf of all the nurses who received funds from the ANF, and says the money will help their families to rebuild their houses and to replace furniture that was destroyed. Bernardo says "I know that this is not the first time the ANF has collaborated with Union Aid Abroad - APHEDA to assist the East Timor Nurses' Association.

We are very proud of ANF members who show their solidarity with us through this funding. Even though we are across the water, they still pay full attention to us. I hope that our relationship will grow stronger, and once again I would like to thank very deeply the ANF and their members." Union Aid Abroad


Post sponsored by East Timor Women - Raising awareness of the plight of women in Timor-Leste.

25 August 2008 by Saul Salavador Asia Calling - Thousands of Internally displaced refugees in Timor Leste are finally going home. For the last two years, they have been living in makeshift tent camps.

Their homes were destroyed when the tiny nation descended into communal violence sparked by divisions in the military and police. Now the government is encouraging them home with a 4,500 US dollar grant.

The money is so they can restore or rebuild their homes that were burnt down during the crisis.

As Saul Salvador reports from Dilli some of the internal refugees complain it’s too little help too late. Read more...

Horta calls for investigation - Radio Timor-Leste, 22 August
East Timor's President Jose Ramos Horta has called upon competent institutions of the state to launch further investigation into allegation of human right violation committed by the East Timor Defense Force and the National Police during their joint operation. Ramos Horta's call came after a report commissioned by the UNMIT's human rights Unit and the Office of the East Timor's Human Rights and Justice Ombudsman contained 58 allegations against the F-FDTL and PNTL.

Ramos Horta said he was seriously concerned about the allegation and that there ought to be a follow-up. The 1996 Nobel Peace Laureate also admitted that the allegations against F-FDTL and PNTL were serious though he believed that the allegations still lack proofs and that the human rights violations committed were not grave. According to Horta, both PNTL and F-FDTL have carried out their internal investigation into the allegations.

UNMIT's report positive, says Gusmao - Radio Timor-Leste, 22 August
East Timor's Prime Minister Xanana Gusmao, who is also the country's minister for defense and security said the release of the report on human right violation committed by his F-FDTL and PNTL as positive. The Prime Minister also said that the report of the UNMIT's Human Rights Unit and East Timor's Human Rights and Justice Ombudsman as a wake-up call to his government. The report calls on the government to investigate the allegation of human rights violation committed by the F-FDTL and PNTL's joint operation.

Eight suspended PNTL officers face criminal investigation, says Acting Police Commander - Radio Timor-Leste, 22 August
East Timor's Police Acting Commander, Inspector Afonso de Jesus said eight suspended PNTL officers who were suspected of being involved in the loss of $27,000 were now facing criminal investigation. He also commented that disciplinary measures were already taken against those involved, such as 90-day suspension from their posts and handing over of pistols and other equipments belonging to the institution. Afonso also said the PNTL had also secured documents that might be used as proofs in the investigation. He added the list of people involved might be added up as the result of the investigation reveals.

Defense force and police commanders discuss on national security law - Televisaun Timor-Leste, 22 August
Timorese Defense Force Office Chief, Filomeno Paixao said the defense force and police commanders had held a meeting today (22/8), discussing on the elaboration of the country's national security law. The commander said the national security law including internal security law and the national defense law. Paixao added after the elaboration, the law would be sent to the Council of Ministers to profoundly discuss it and then to be sent to the Parliament for approval.

Residents hand over illegal weapons and ammunitions to UN police and PNTL - Televisaun Timor Leste, 22 August
Nasuta residents of Liquica have voluntarily handed over illegal weapons, such as traditional and home-made weapons, telescopes and ammunitions to the UN and National Police. During the handing over of the referred weapons, Timorese resistance organization also voluntarily handed over some documents and ammunitions to the police. A resident, Natalino Soares said they wanted to hand over all these sharp things, because the country had reached its independence and people wanted to remain calm.

Administrator of Bazartete Sub District called on the residents to hand over all illegal weapons to the security forces, as it could be a threat for the people’s own lives.

Timor Post Tuesday, 19 August 2008

Dili – President Jose Ramos Horta strongly rejected the autopsy results for the body of the rebel’s ex-commander Alfredo Reinado Alves from Victorian of Forensic Medicine Australia.

As reported on the The Australian, Alfredo and his member Leopolino Exposto were shot at a very close range. Exposto was shot once in the back of the head and Alfredo was shot 4 times ( in the eye, neck, chest and hand).

“The gun shot wounds were black this shows that they were shot at a very close range, maybe be from only 2 feet,” said David Ranson from The Victorian of Forensic Medicine.

The head of Timor-Leste state, Jose Ramos Horta rejected the report, saying that this is an act of manipulation from the Australia Forensic and The Australian who want to further confuse the people of Timor-Leste.

Horta said, Alfredo was not silly to let himself be killed, if he (Alfredo) had known the position of the F-FDTL soldier, he would have not gone there. And it was impossible for him to give himself up and then been shot dead after. As a military man he would have never give himself up, but it was because he did not see the soldier at the post and he was shot.

“I don’t believe that the F-FDTL soldier arrived to arrest Alfredo then shot him after, which was impossible to have happen. Alfredo also did not want to die, but he was shot because he really did not see the F-FDTL soldier who was hiding at the post,” said Horta to Timor Post and STL, Monday night, after participating in the reception ceremony for the diplomatic bodies for the IR independence day, at the IR Embassy, Farol Dili.

Mean while, ex-prime minister Mari Alkatiri has call for an independent international team to intervene in the investigations of the shooting of the President Horta and Prime Minister Xanana Gusmao on the 11 February passed. Alkatiri is not surprised at that report, because he had doubts from the beginning of the facts of the event. That is why, Alkatiri has asked for an independent international team that can be under the UN. “ Without the involvement of America, Australia and Portugal, the nations that are not already operating in this nation” said the leader of opposition to the TEMPO Jakarta by phone.

The Secretary General for the major opposition party in the country, blames the Xanana Gusmao government for refusing this process. After all, he says, the National Parliament has agreed with Fretilin’s proposal to bring an international independent team to investigate the case. (sar )

ABC News 23/08/08 Judicial authorities in East Timor are investigating more than 40 allegations that armed forces have used violence, intimidation, and death threats against civilians. A United Nations report documents a litany of human rights abuses by local police and army officers in the course of their work. Read more...

Transcript of UNMIT Press Conference21 August 2008, 10:30 hrs

UNMIT Headquarters, Obrigado Barracks, Dili, Timor-Leste

The following is a near-verbatim transcript of a press conference by The Deputy Provedor for Human Rights and Justice, Mr Silverio Pinto Baptista and the Chief of UNMIT’s Human Rights and Transitional Justice Section, Mr Louis Gentile.

Silverio Pinto Baptista: I would like to thank the UNMIT Human Rights and Transitional Justice Section for bringing to light the very important issues of human rights in Timor-Leste. There has been mixed reaction to the report and some people have claimed that the report contains misinformation. I would like to assure all of you that this reports reflects the real situation of human rights in Timor-Leste.

As you know, the work performed by those who work in the area of human rights is a challenge. You have public authorities who sometimes fail to comply with the law or the existing procedures and there are various actors who deal with human rights issues including the UNMIT Human Rights and Transitional Justice Section, the Office of the Provedor for Human Rights and the HAQ Association as well as the human rights network.

In relation to the most recent human rights development, the most important incident was the attempted attack on the President on 11 February and as result or the attack a stage of siege was declared throughout the country. Some people believe that it was a positive step to establish the state of siege, but as a consequence there were allegations of human rights abuses being committed by the PNTL and the F-FDTL operating together under the Joint Command.

Another human rights issue in Timor-Leste relates to the rights of victims as outlined in the CAVR report. There is a working group which is comprised of members of the UMIT Transitional Justice Section as well as ICTJ and other members of civil society including the HAK organisation, Fokupers, the Office of the Provedor and the Baucau Human Rights NGO. They have consulted with victims and presented the information to Committee A of Parliament- Committee A just recently issued a policy in the form of a resolution in relation to the CAVR report. However, we don’t think that this is enough so the working group is continuing to engage in consultation and in the near future has asked Committee A to take up this issue again in the Plenary Session to discuss possible reparations for victims.

Another human rights issue which is of some concern are the pardons given by the President to the perpetrators of crimes in 1999 as well the former interior minister Rogerio Lobato. Another issue we need to address related to justice- based on the results of monitoring we’ve conducted into the incidents of 2006, we know that many cases are still pending before the courts. The public prosecution has explained that insufficient evidence in many cases has caused a backlog.

Our major concern is that a lot of defendants/suspects have not had their status clearly defined and they still have no information about whether their cases will be pursued in court. This needs to be addressed quickly as the cases need to be investigated and dealt with promptly and they should not be left pending as the defendants may lose their right to liberty.

Louis Gentile: I’m not going to dwell too much on the details of the report but rather make some observations and general conclusions about where we are in terms of human rights in Timor-Leste and how we can move forward. This report concentrates from the period September 2007 to June 2008 and focuses specifically on the security sector and access to justice issues.

This means that consequently in this report, we are not talking about many other important areas of human rights in which we work, including the protection of rights of women and children and the work on the human rights and monitoring of the IDPs which is a current and pressing issue in Timor-Leste. It also doesn’t include the very important work in a country like Timor-Leste on economic, cultural or social rights or education. When I say it doesn’t include these areas, I mean that it doesn’t do a comprehensive review of our work in these very important subjects.

So the subsequent reports that we issue in the coming years will have a much greater focus in these areas.This is the 20th anniversary of my work in human rights and in these 20 years I have worked in areas which have been plagued by conflict, where people have been killed on a massive scale, where there have been severe cases of torture on a daily basis, and after 20 years, I have learnt two principle lessons about human rights work.

The first lesson is that the old fashioned and traditional way of doing human rights work where you have a small group of UN personnel from a couple of agencies and a few NGOs promoting human rights and criticising government and security forces with very few others deeply engaged in human rights work is not a very effective way of promoting human rights. What we are trying to do in Timor-Leste is build partnerships very broadly and very widely with government institutions, with civil society, with journalists, students and all sectors of society so everybody feels engaged with promoting and protecting human rights.

And we are especially happy that we have national human rights institutions as our partner, the Provedor for Human Rights and Justice, which has the capacity to do investigations into human rights violations and to monitor and report on human rights.We recommend in the Report very strongly that the Provedor’s Office be given the necessary resources to do their work including material and financial resources, to have the proper staffing to do their work in the districts and to build on the very important work that they are doing.

The second most important lesson I have learned in these past 20 years is that where there is greatest danger of massive violations of human rights in particular is during situations of conflict. So avoiding conflict and ensuring peace and stability is absolutely essential for ensuring the promotion and protection of human rights. Therefore, we also have to acknowledge that getting through this very difficult period from September 2007 through to February and getting to the security and stability at its current level is quite an achievement given all the circumstances.

I think if look objectively at the situation now, we can see that we are really at a crossroads now in terms of human rights in Timor-Leste. A lot of the elements are in the place for Timor-Leste to be among the leaders in developing counties in respect for human rights. But in order to reach that level there are four primary hurdles that need to be overcome.

The first relates to accountably. Accountability for those who violate human rights.

Accountability for violations of human rights that have taken place in the past and for those that continue in the present. You will see in the report other of areas where we talk about accountability, in relation to 1999, in relation to 2006, in relation to violations committed during the state of siege and in relation to the situation in general in Timor-Leste. And we take note and are encouraged by the statements by the Minister of Foreign Affairs, leaders of the Government, the President and even members of parliament from all parties who have urged that there be accountability for crimes committed and violations committed.

The second hurdle relates to security sector reform and that again is linked to accountability for those who commit violations within the security forces and also includes a clear delineation of responsibility so the police and military understand very clearly what there roles are.

The third challenge relates to domestic based and gender based violence and I should say that this is a challenge for every country in the world, including my own which is Canada. But we all need to understand that if we believe that violence is ok within the home, then we are almost certain to have violence outside the home.

The final hurdle or challenge is related to economic development and the realisation of economic and social rights for all Timorese. We bring attention to the fact that there are national priorities set to address the fundamental economic problems. There is a UN development assistance framework signed with the government which will attempt to address the economic development challenges in the coming years. But the realisation of these plans in a practical way- so that poor Timorese citizens can have their economic rights realised- is really key to whether or not we can say there has been true progress and if this country can be a model of human rights protection for this region and for the world.

To conclude, while it’s going to be extremely difficult to overcome these four hurdles and to achieve real progress, it is possible and work has already begun in all four areas and progress has already been made. The possibility is there before us if we are all engaged in this effort, I believe it can be achieved.

Spokesperson Allison Cooper: Are there any questions?

Q: Can you explain why the Presidental Amnesty law wasn’t included in the report and what you are doing about this law and what your opinion is on this?

Louis Gentile: There is a draft being worked on, but there is no amnesty law yet per se that has been passed or proposed before parliament or as a decree law. The opinion the Mission and the High Commissioner for Human Rights is that amnesty in respect of serious crimes committed in 2006 is not a good idea. In fact, we are pursuing accountability for those very crimes and we even support the position of one prosecutor in the Office of the Prosecutor-General who is working on pursuing prosecutions for crimes committed in 2006.

Q: Has the President’s Office been supportive of your comments? What was the feedback?

Louis Gentile: The initial feed back we received was positive and there were some revisions made to the initial draft and we’re still in discussions about the final draft of the amnesty law. We’re hoping that either there won’t be an amnesty law, or that it will be one that will include only minor offences in its scope.

Q: The report mentions allegations of violations made by the Joint Command. Do these allegations relate to serious crimes? And have any of the allegations been followed up? The COI report has yet to be followed up by the Government – What is your opinion on this matter and what are your observations on human rights abuses in Timor-Leste?

Louis Gentile: There were 58 allegations relating to the Joint Command during the state of siege. Most of these involved the ill-treatment and beatings of citizens, some of them involved death threats- in fact there were 6 death threats issues. We did not find the most serious or grave types of human rights offences which we would call deprivation of the right to life, disappearance or extreme torture in these violations. Nevertheless, ill-treatment of this nature, beatings and threats, are very serious and must be taken very seriously by the security forces and accountability must be followed up. We’ve had various promises about accountability and the Deputy Provedor will explain this a little further.

At the Security Council on Tuesday, the Minster of Foreign Affairs again reiterated the Government’s commitment to pursue accountability for violations committed during the state of siege. He said that the respective secretaries of state will be asked to follow up to ensure accountability in the cases reported.

Silverio Pinto Baptista: In relation to allegations of violations by the Joint Command, we had allegations relating to both physical and psychological violations. If these violations were against members of the security forces, we notified the commanders of the forces.

The Office of the Provedor had received 54 complains. Of these, 44 have been investigated and this process is continuing and we hope that in October we can make recommendations on these 44 cases.

Of course if there is evidence of physical assault, then we submit our recommendations to the public prosecutor’s office to take action according to the criminal law. If there is evidence of mismanagement of the security forces, then we will make our recommendations to the respective commanders of the F-FDTL and PNTL and urge them to take the necessary disciplinary measures.

I myself have been monitoring the situation with Mr Gentile’s Deputy, and the two of us have been talking to the commanders and they have made many promises to us about taking preventative measures.

About the COI report- The COI was formed at the request of the Government who asked the UN to set up this inquiry. I have been involved in monitoring and we have spoken to the members of the Prosecutor-General’s office and we have received information that a number of cases related to this period are still pending. They haven’t closed permanently but are pending due to a lack of insufficient evidence.

Another issue is that people who currently remain in prison and who have not had any follow-up with their cases. In terms of human rights, this shouldn’t happen. People should be arrested and promptly informed of the charges against them and their guilt or innocence should be promptly ascertained by a court of law. We think the Government should provide the necessary funds to ensure that this sort of thing doesn’t happen.

In relation to February 11, we’ve set up some teams comprised of members of the Provedor’s Office, civil society and the UNMIT Human Rights section. A few days ago I spoke with the Minister of Justice and the Prosecutor-General about monitoring and got a very positive response. The Minster informed that we didn’t need her permission to conduct monitoring- but monitoring is all we can do.

Q: You mentioned that the Government has been responding positively to the concerns that are being raised but the SRSG said to the Security Council on Tuesday that it’s not clear how effectively the Government’s concerns are being institutionalised and articulated further down the ranks. Where do you perceive the blockage to be? Is the Government just not following up on its word or is there an inability to articulate its messages down the ranks?

Louis Gentile: I think there are two obstacles: one of process and another of will. The one of process involves ensuring the proper mechanisms exist within the security forces to ensure the people are held accountable for violations. For the PNTL, those mechanisms are in place on paper, but there is a problem of will. For example, we know of cases where an officer has been recommended for suspension but the suspension has not been executed.

In the case of the F-FDTL, there is also a question of a proper process that is formalised within the military to ensure accountability for violations and proper disciplinary actions. There are some formal instructions, but not yet a formal process that is working in the military to ensure accountability.

So, it is a question of both will and proper structures. In both cases, even at the level of services themselves, commanders have given assurances that there will be accountability. So, maybe it’s too early to judge, but it has been a significant amount of time already and we feel that it is legitimate now to ask for results and we have not yet seen those results.

There is also the criminal justice system and they are conducting a number of investigation. Those which are found to be reports of criminal acts, then those can be sent to the Prosecutor-General and they can be prosecuted under the criminal law. This is a safeguard to ensure discipline when it’s not been implemented within the security forces themselves.

Q: In the report, it emphasises that there has been a lot of training done for the security forces and the SRSG expressed his contentment at more training. However it seems that whenever the security forces move away from the supervision of UNMIT or UNPOl, they don’t really demonstrate that they have learned anything from the trainings. Do you think the trainings are working?

Louis Gentile: I think that’s a very difficult question to answer because it’s a subjective answer as to whether or not the trainings have produced some positive results, but I would argue that given that the training is being conducted not just by the UN but by important bi-lateral partners, I think it vital that that kind of training continue- indeed it needs to be intensified. If you look at military training all around the world, you will see that they are months long, they are very intensive, they include simulations, they are re-trained again re-trained through the course of their career and we would think that Timor-Leste is the same as any other country where they are trying to professionalize the military where the training would need to be continuous and on-going over the course of many years.

And I think that many of the bilateral partners are committed to that kind of approach.In terms of the results of the training done to date, we can say that we did not see, despite the conditions of volatility and insecurity, that we did not see the gravest violations of human rights that we see in many other parts of the world. Whether or not this has anything to do with the training, no one can really say, but perhaps it does have something to do with the training.

Q: You mentioned the security sector review- in the last few months, how many times has the panel met?

Louis Gentile: My only response to that is that the point I’m trying to make as a hurdle for the security sector review, this is a major challenge. Now that there is something major signed, the question is how effective will be? Will it be implemented? Will it be a true professionalization of the security forces? Of course it is far too early in the process to make a judgement of that. But I get your point about the lack of effective follow up and of course that’s of some concern, but let’s see how things go forwards.

This is a crucial area of human rights that a reform take place and a clear delineation of roles of the police and the military be solidified in Timorese law and regulation.

Spokesperson Allison Cooper: Thank you everyone. That concludes the press conference.

Post sponsored by 1999 East Timor Crimes Against Humanity - Prosecute human rights violators!

The National Jesse Wright 24 August 2008 8:40PM UAE

DILI - Eriancy Situmora was in court last year when the four soldiers who killed her husband and seven other unarmed police officers were convicted of one of the worst atrocities during weeks of rioting in the capital in 2006.The East Timorese soldiers were sentenced to between 10 and 12 years each and collectively were ordered to pay Mrs Situmora – now a widowed mother of two – US$250 in compensation.

When the verdict was handed down by the civilian court, Mrs Situmora thought it was over. She thought justice had been served.

But it had not.

Today, not a single soldier sits in a civilian prison. All are still receiving a salary from the military, but not a penny has been paid to the victims.

In a scathing UN report delivered this month to the UN Security Council, the East Timorese mission concluded the four soldiers “continue to evade serious detention”. Read more...

The English language version of the financial statements for the year ended 31 December 2007 for the East Timor Petroleum Fund are available at :

http://www.mof.gov.tl/en/MacroEconomicTaxPolicy/download/en/Transition_%20Period_%20Annual_%20Report_%20PF_2007_En.pdf

The Vice Prime-Minister for East Timor, H.E. Dr JoseLuis Guterres, signed the 2007 Agreement at the ICO headquarters in London on 19 August 2008.

East Timor is a coffee producing country with average annual production estimated at around 200,000 60-kg bags.

TPN/Lusa 23/8/2008 - Portuguese Justice Minister Alberto Costa said this week he would sign two bilateral cooperation schemes in Dili later this week during a three-day visit to East Timor.

Minister Costa, who began his visit to Asia’s newest nation on Thursday, told the Lusa News Agency he would ink a protocol with his Timorese counterpart, Lucia Lobato, to assure the career and salary rights at home of Portuguese judges and magistrates recruited to serve in East Timor under United Nations auspices.

The current lack of such guarantees by Portugal had hindered the recruitment of judicial personnel to serve in Dili, the minister said.

A second protocol, he added, would broaden Portuguese aid beyond current bilateral programmes of training judicial sector personnel to help the former Portuguese territory “modernize” its judicial system in all areas.

“We plan to continue and bolster our judicial cooperation. Justice is, in fact, the priority of our cooperation with East Timor”, Costa said.

He was scheduled to meet all Dili’s top leaders, including President Jose Ramos Horta, Prime Minister Xanana Gusmao, and UN mission chief Atul Khare during his three-day stay in Dili.

UNMIT Daily Media Review - Afternoon Headlines, 21 August 2008

Timor-Leste-Portugal sign agreement on developing justice sector – Timor Post, 22 August
The Timorese and Portuguese Government have signed agreements on developing justice sector in Timor-Leste. The Portuguese Government through its Justice Minister, Alberto da Costa and Timorese Justice Minister, Lucia Lobato yesterday officially signed two kinds of agreement and was witnessed by Prime Minister Xanana Gusmao. Portugal has supported the country in the field of justice, such as providing legal advisors to help Timorese legal practitioners.

Authority denies rumors on the release of Salsinha and followers – Timor Poost, 22 August
Timorese authorities have denied rumors mongering that former rebel leader, Gastao Salsinha and his followers have been released from serving a provisional sentence in Dili's Becora jail on (20/8). National Director for Prison, Helena Gomes said the rumors on the release of Salsinha and followers were unknown to her and said they were still being locked up in the prison. "The release of Salsinha and his followers are unknown to us, the fact shows they are still in the prison," Gomes said. She added Salsinha and his men should serve their provisional sentence, as they had no right to be freed.

F-FDTL will use ships for watching over Timor Sea – Timor Post, 22 August
Timorese Defense Force Naval Commander, Lieutenant Colonel Pedro Klamar Fuik, said they would use two ships that would be purchased by the Government from China to watch over the Timor Sea from illegal fishing. The commander said many times foreigners had illegally conducted illegal fishing in the country's maritime zone, therefore the ships would help support them in doing their tasks. Klamar Fuik said the defense force's Naval Unit were facing major problem, because they only had small ship and was incapable to control all the maritime zones.

Gun law important to be debated, says Lasama – Diario Nacional, 222 August
Parliamentary President Fernando "Lasama" Araujo, said the gun law was very important as other laws and was urgent to be debated soon. "The gun law is being top priority of the Parliament to be debated after passing one month of quiet period," Lasama said. Lasama said it was a decree law produced by the Government which aimed at recalling all the illegal weapons and did not mean to distribute weapons to the civilians. Lasama said only the country's security forces and intelligence service members were allowed to carry weapons.

F-FDTL reforms should go through educational investment, says Ruak – Diario Nacional, 22 August
Timorese Defense Force Commander, Brigadier General Taur Matan Ruak, said in reforming the county's defense force should strongly be invested in the field of education. "Investment in the field of education is being responsibility of the Government. Education should be strong, so that people could have good skills and have good conscience," the commander said. Rua said the defense force would hold a new recruitment to the news soldiers this year and they currently waiting for military law to be approved by the Parliament.

Agriculture minister meets with President Horta - Radio Televisaun Timor-Leste, 22 August
Minister for Agriculture, Fisheries and Forestry, Mariano "Asanami" Sabino Lopes has met with President Jose Ramos Horta, talking on plaque inaugurating of Nino Konis Santana National Park. After meeting with the president, the minister said apart from talking about the plaque of the national park, they were also discussing the agricultural ministry's activities on increasing local products in the country. Asanami said the president strongly supported his agricultural activities, as it would help reduce poverty in the country. Minister Asanami added President Horta had stated his readiness to hold some official visits to directly look closer at the farming activities held by the farmers in the field.

Need to amend constitution before setting up anti-corruption commission, says Ximenes – Suara Timor Lorosa'e, 22 August
Timorese Human Rights and Justice Ombudsmen, Sebastião Diaz Ximenes, said in setting up an anti-corruption in the country should firstly make amendment to the constitution, the Article 132, because the article stated only the Public Prosecution had the right to exercise the penal process.

Ximenes said if the country wanted to set up the proposed commission was similar to Indonesia's KKP, then it would exercise the role of the Public Prosecution, because the KKP was allowed to hold investigation into any case of corruption. Ximenes proposed to the countries state bodies, such as Government and Parliament to look at laws for human rights ombudsmen and public prosecution, so that it could not be in conflict with each institution's role. "We all want the anti-corruption commission to work well, therefore should avoid double roles," He added.

Council of Ministers Extraordinary Meeting 14 August 2008

Unofficial translation. Original Portuguese text follows.

DEMOCRATIC REPUBLIC OF EAST TIMOR
IV Constitutional Government
PRESS RELEASE

Extraordinary meeting of the Council of Ministers on August 14, 2008

The Council of Ministers meeting was held this Thursday, August 14, 2008, in the Meeting Room of the Council of Ministers, at the Government Palace in Dili, and adopted:

Extension of the National Campaign to Collect ArmsThe Council of Ministers today approved, at an extraordinary meeting, a resolution that extends the Campaign National Collection of Weapons, which began on July 15, until the next day August 31.

The government decided to hold a National Campaign to Collect Arms, encouraging voluntary surrender of any firearm, explosive device and ammunition and other weapons, and the Council of Ministers adopted on 2 July a resolution to that effect and determining the effect for a period of one month, starting from July 15 last.

The period is now extended for a further fifteen days, given the success that the campaign has known.In recent days there has been an intensification of delivery of weapons, which demonstrates the will of the people to participate in this campaign and justifies its maintenance until the end of the month.

According to that resolution during the period in which this ongoing campaign, the national and international military forces present in East Timor should assist the security forces in implementing the measures from police custody and for the delivery of weapons.

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REPUBLICA DEMOCRATICA DE TIMOR-LESTE
IV Governo Constitucional
COMUNICADO A IMPRENSA

Reuniao extraordinaria do Conselho de Ministros de 14 de Agosto de 2008O Conselho de Ministros reuniu-se esta Quinta-feira, 14 de Agosto, 2008, na Sala de Reunioes do Conselho de Ministros, no Palácio do Governo, em Dili, e aprovou:

Extensao da Campanha Nacional de Recolha de ArmasO Conselho de Ministros aprovou hoje, em reuniao extraordinaria, uma Resolucao que estende a Campanha Nacional de Recolha de Armas, que teve inicio a 15 de Julho, ate ao proximo dia 31 de Agosto.

O Governo decidiu realizar uma Campanha Nacional de Recolha de Armas, incentivando a entrega voluntaria de qualquer arma de fogo, engenho explosivo e municao, bem como outro tipo de armas, tendo o Conselho de Ministros aprovado no passado dia 2 de Julho uma Resolucao nesse sentido e determinando para o efeito um período de um mes, com inicio a 15 de Julho passado.

Periodo esse que e agora estendido por mais quinze dias, em face do sucesso que a campanha tem conhecido. Nos ultimos dias verificou-se uma intensificacao da entrega de armas, que demonstra a vontade da populacao em participar nesta campanha e justifica a sua manutencao ate ao fim do mes.

De acordo com a mesma Resolucao, durante o período em que decorrer esta Campanha, as forcas militares nacionais e internacionais presentes em Timor-Leste devem prestar apoio as forcas de seguranca na execucao das medidas de policia para a entrega e guarda das armas.

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DEMOCRATIC REPUBLIC OF EAST TIMOR
IV CONSTITUTIONAL GOVERNMENT
SECRETARIAT OF STATE COUNCIL OF MINISTERS
PRESS RELEASE


MEETING OF COUNCIL OF MINISTERS of 13 August 2008


The Council of Ministers meeting is held this Wednesday, August 13, 2008, in the Meeting Room of the Council of Ministers, at the Government Palace in Dili, and adopted:


1 - Decree Law approving the value of the presence of passwords to be allocated to members of the National Election Commission

This law, approved by the Council of Ministers in its meeting today, determines the value of the daily allowance payable to members of the National Election Commission (CNE), as consideration of the financial performance of their duties.Members of NSC are entitled as a main salary, and according to this law, a daily allowance for each meeting and working session in which they participate. On the other hand, are equally entitled to allowances of communication and transport, plus expenses for food and accommodation when they move in for service outside their usual place of work. They are also entitled to any other purpose other than to pay supplements to previously exposed, a figure equivalent to 50 percent of which are due to the Members of the National Parliament, under the general law applicable.


2 - amending the Decree of the Government Decree No. 2 / 2007 of August 1
Following the approval by the National Parliament of Law No. 7, July 25, which approved the Statute of the bodies Holders of Sovereignty, the Government regulates the allocation of costs that must be understood as "right to housing provided by the State" and at the same time, the situation of members of government have no residence given by the State.

However, there were certain the Quantitative to be satisfied these supplements, either in respect of payment of rent from home, or in relation to the payment of the common burden on housing, own or leased, such as electricity or water, where the state can not provide housing, in order to mitigate this difference in treatment. A situation that the present law, that the Council of Ministers approved in its meeting today, is correct.

3 - Resolution approving the Convention for ratification of Assistance in Criminal Matters between the Member States of the Community of Portuguese Language Countries
The Council of Ministers adopted at its meeting today, the proposed accession of East Timor to the Convention on Judicial Assistance in Criminal Matters between the Member States of the Community of Portuguese Language Countries (CPLP).The agreement facilitates the criminal cases involving persons involved in more than one country of CPLP, through mutual assistance. Understands the communication of information, pleadings and other public acts and the acts necessary for confiscation, seizure or freezing, or the recovery of tools, products, objects or products of a crime and to show people.The bill approved today by the Council of Ministers will now be sent to the National Parliament.

4 - Resolution approving ratification to the Convention on Extradition between the Member States of the Community of Portuguese Language Countries
The Council of Ministers adopted at its meeting today, the proposed accession of East Timor to the Convention on Extradition between the Member States of the CPLP.This agreement aims to enable the delivery of persons who are in the territory of a state contractor and are wanted by another state contractor, for purposes of prosecution or fulfillment of criminal penalty.The bill approved today by the Council of Ministers will now be sent to the National Parliament.

5 - Resolution approving the Convention for ratification of Transfer of Sentenced Persons between Member States of the Community of Portuguese Speaking Countries
The Council of Ministers adopted at its meeting today, the proposed accession of East Timor to the Convention on Transfer of Sentenced Persons between Member States of CPLP.This convention aims to give people who are deprived of their liberty because of a court order, the ability to meet the condemnation in their own social environment and family of origin. However, you can not change the content of the judgement.The bill approved today by the Council of Ministers will now be sent to the National Parliament.

6 - Resolution approving the ratification instrument for establishing a network of International Legal and Judicial Cooperation of Portuguese Speaking Countries
The Council of Ministers adopted at its meeting today, the proposed accession of East Timor to Instrument establishing a network of International Legal and Judicial Cooperation of Portuguese Speaking Countries.This instrument is aimed at creating a network to facilitate and accelerate cooperation in legal and judicial field between the eight member countries of the CPLP in the areas of civil law, commercial and criminal law, and allow the institutions to intensify cooperation and exchange of information and discussion referring to relevant international institutions.The network will have a secretariat headed by a secretary-general, elected by the Ministers of Justice, under the Permanent Secretariat of the Conference of Ministers of Justice of Portuguese Speaking Countries, and after two years an assessment of its operation.

The bill approved today by the Council of Ministers will now be sent to the National Parliament.

The Council of Ministers also looked at:

7 - Military Recruitment
The Council of Ministers also discussed at its meeting today issues relating to military and decided to refer to the National Parliament a Proposed Law to promote some amendments to the Military Service Law currently in force, to include the Voluntary Military Service.

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REPUBLICA DEMOCRATICA DE TIMOR-LESTE
IV Governo Constitucional
SECRETARIA DE ESTADO DO CONSELHO DE MINISTROS
COMUNICADO A IMPRENSA

Reunião do Conselho de Ministros de 13 de Agosto de 2008

O Conselho de Ministros reuniu-se esta Quarta-feira, 13 de Agosto de 2008, na Sala de Reuniões do Conselho de Ministros, no Palácio do Governo, em Díli, e aprovou:

1 - Decreto-Lei que aprova o valor das senhas de presença a atribuir aos membros da Comissão Nacional de Eleições
O presente diploma, aprovado pelo Conselho de Ministros na sua reunião de hoje, determina o valor do subsídio diário a pagar aos membros da Comissão Nacional de Eleições (CNE), como contrapartida pecuniária do exercício das suas funções.

Os membros da CNE têm direito, a título de remuneração principal, e de acordo com o presente diploma, a um subsídio diário por cada reunião e sessão de trabalho em que participem. Por outro lado, têm igualmente direito a subsídios de comunicação e de transporte, e ainda despesas com alimentação e alojamento quando se desloquem em serviço para fora do seu local habitual de trabalho. Têm ainda direito a quaisquer outros suplementos remuneratórios com finalidade diferente da anteriormente exposta, num valor equivalente a 50 por cento dos que sejam devidos aos deputados do Parlamento Nacional, nos termos da lei geral aplicável.

2 - Decreto que altera o Decreto do Governo n.º 2/2007, de 1 de Agosto
Na sequência da aprovação pelo Parlamento Nacional da Lei n.º 7, de 25 de Julho, que aprovou o Estatuto dos Titulares dos Órgãos de Soberania, o Governo regulamentou a atribuição das despesas que devem ser entendidas como “direito a habitação fornecida pelo Estado” e, ao mesmo tempo, a situação dos membros do Governo que não dispõem de residência atribuída pelo Estado.

No entanto, não foram determinados os quantitativos a que devem obedecer esses suplementos, quer no que respeita a pagamento de rendas de casa, quer no que se refere ao pagamento dos encargos comuns com a habitação, própria ou arrendada, tais como electricidade ou água, nos casos em que o Estado não pode disponibilizar habitação, por forma a mitigar essa diferença de tratamento. Uma situação que o presente diploma, que o Conselho de Ministros aprovou na sua reunião de hoje, vem corrigir.

3 - Resolução que aprova para ratificação a Convenção de Auxílio em Matéria Penal entre os Estados Membros da Comunidade dos Países de Língua Portuguesa
O Conselho de Ministros aprovou, na sua reunião de hoje, a proposta de adesão de Timor-Leste à Convenção de Auxílio Judiciário em Matéria Penal entre os Estados Membros da Comunidade dos Países de Língua Portuguesa (CPLP).Esta convenção facilita os processos penais com pessoas envolvidas em mais de um país da CPLP, através de auxílio mútuo. Compreende a comunicação de informações, de actos processuais e de outros actos públicos, bem como os actos necessários à perda, apreensão ou congelamento, ou ainda à recuperação de instrumentos, bens, objectos ou produtos de um crime e a comparência de pessoas.

O diploma hoje aprovado pelo Conselho de Ministros irá agora ser enviado ao Parlamento Nacional.

4 - Resolução que aprova para ratificação a Convenção de Extradição entre os Estados Membros da Comunidade dos Países de Língua Portuguesa
O Conselho de Ministros aprovou, na sua reunião de hoje, a proposta de adesão de Timor-Leste à Convenção de Extradição entre os Estados Membros da CPLP.Esta convenção tem como objectivo possibilitar a entrega de pessoas que se encontram no território de um estado contratante e que são procuradas por outro estado contratante, para fins de procedimento criminal ou de cumprimento de pena criminal.

O diploma hoje aprovado pelo Conselho de Ministros irá agora ser enviado ao Parlamento Nacional.

5 - Resolução que aprova para ratificação a Convenção de Transferência de Pessoas Condenadas entre os Estados Membros da Comunidade dos Países de Língua Portuguesa
O Conselho de Ministros aprovou, na sua reunião de hoje, a proposta de adesão de Timor-Leste à Convenção de Transferência de Pessoas Condenadas entre os Estados Membros da CPLP.Esta convenção visa proporcionar às pessoas que se encontrem privadas da sua liberdade, em virtude de uma decisão judicial, a possibilidade de cumprirem a condenação no seu próprio meio social e familiar de origem. No entanto, não será possível mudar o conteúdo da decisão judicial.O diploma hoje aprovado pelo Conselho de Ministros irá agora ser enviado ao Parlamento Nacional.

6 - Resolução que aprova para ratificação o Instrumento que cria uma Rede de Cooperação Jurídica e Judiciária Internacional dos Países de Língua Portuguesa
O Conselho de Ministros aprovou, na sua reunião de hoje, a proposta de adesão de Timor-Leste ao Instrumento que cria uma Rede de Cooperação Jurídica e Judiciária Internacional dos Países de Língua Portuguesa.Este instrumento visa a criação de uma rede que facilite e agilize a cooperação no sector jurídico e judiciário entre os oito países membros da CPLP nas áreas do direito civil, comercial e penal, e que permita intensificar a colaboração das instituições e a troca e discussão de informações referentes a instituições internacionais relevantes.

A rede terá um secretariado chefiado por um secretário-geral, eleito pelos ministros da Justiça, no âmbito do Secretariado Permanente da Conferência dos Ministros da Justiça dos Países de Língua Portuguesa, e ao fim de dois anos será feita uma avaliação do seu funcionamento.

O diploma hoje aprovado pelo Conselho de Ministros irá agora ser enviado ao Parlamento Nacional.

O Conselho de Ministros analisou ainda:

7 - Recrutamento militar
O Conselho de Ministros discutiu ainda na sua reunião de hoje assuntos relativos ao recrutamento militar, tendo decidido remeter ao Parlamento Nacional uma Proposta de Lei visando promover algumas alterações à Lei do Serviço Militar actualmente em vigor, por forma a prever o Serviço Militar Voluntário.

UNMIT Daily Media Review - Morning Headlines 22 August 2008

A man stabbed to death near ANZ Bank – Radio Timor-Leste, 21 August
Police has reported today that a recharge-phone-card seller was killed by five-drunken-men near the Dili’s ANZ Bank area. Dili Police Station Commander, Inspector Pedro Belo said the man was killed at about 2 am this morning (21/8). The man was killed after he and his younger brother refused to give money to the suspects. The Commander said they police had detained one of the suspects and was being locked up in the police’s detention centre for investigation purpose. Belo added the police was currently in the pursuit of the five other suspects who were believed to have been involved in the case.

UN confirms human rights violation still critical in Timor-Leste – Radio Timor-Leste, 21 August
The United Nations has confirmed that human rights violation still critical in Timor-Leste, because the Joint Operation Command soldiers and police officers are suspected of being engaged in human rights violation during the hunt for rebels went on in the country. Chief of the UN Human Rights, Luis Gentile made the comments today during a press conference on the second report of human rights violation in Timor-Leste. Gentile said the UN considered acts of violence committed by the Joint Operation’s soldiers and police officers, such as beatings and psychological threats were still being part of human rights violation. He called on the Timorese Defense Force (F-FDTL) and National Police (PNTL) to be responsible for the human rights violation committed by the soldiers and officers.

Gusmao urges suspension of from his post – Radio Timor-Leste, 21 Auguust
Prime Minister Xanana Gusmão has issued an official request to suspend director for equipments and maintenance from the Department of Infrastructures, because he is suspected of being involved in corruptions.

The prime minister said the director was accused of stealing state money which should actually be spent for house construction for the Timorese National Police (PNTL). Gusmão said there were some evidences had proved Director Joanico Gonçalves to be responsible for falsifying documents of maintenance and expenses for fuel worth $ US 60, 200. Gusmão said Gonçalves was also responsible for the house construction for the police worth $ 180,000, because the house constructed did not meet with standard determined, as there were no bath rooms and toilets. The director would be suspended for 90 days from his current post without payment.

UN launches report on human rights development in Timor-Leste – Televizaun Timor-Leste, 21 August
The United Nations Integrated Mission in Timor-Leste (UNMIT) has launched its second report on the human rights development in the country. The report covered the human rights violation taking place in September 2007 until June 20008. The report focused on human rights violation committed by the Task force police officers and the country’s defense force during the implementation of state under siege and state of emergency. During a press conference held at the office of UNMIT, Deputy Human Rights and Justice Ombudsmen, Silveiro Pinto said these were the facts of human rights violation in the country and were being major challenges for the human rights practitioners to do their tasks.

Meanwhile, Chief of the UN Human Rights Unit, Luis Gentile said the report focused on human rights violation happened in 2007 until June 20008 which specifically on security sector and justice issue. The report is also about the country’s judicial system, recent pardon given to the prisoners by the president and the attacks on the President Horta’s residence on February 11.

The Age Jo Chandler August 20, 2008

TWO weeks ago, the families of "disappeared" victims of the 1991 Santa Cruz Cemetery massacre gathered at a site west of the East Timor capital, Dili, and held a ceremony calling for spirits of their dead to rise out of the earth.

They were watched by an international team of forensic experts, led by a Melbourne scientist and helped by local police and medics she had trained for the task. The team then resumed digging trenches across the site, looking for evidence of a long-rumoured mass grave that might hold the bodies of up to 100 victims of the massacre. Read more...

An unofficial English translation of Law of the National Parliament of East Timor No 6/2008 on the Legal Regime for Financing of Political Parties is now available on East Timor Law Journal. Click here to read the translation.

REPUBLICA DEMOCRATICA DE TIMOR-LESTE
IV Governo Constitucional
SECRETARIAT OF STATE FOR THE COUNCIL OF MINISTERS

PRESS RELEASE

Extraordinary Meeting of the Council of Ministers 21 August 2008

The Council of Ministers met this Wednesday, 21th August 2008, in the Council of Ministers meeting room, Government Palace, in Díli where it analysed and discussed a document presented by the Ministry of Finance that proposes some guidelines regarding the 2009 State General Budget.



Secretariat of State of the Council of Ministers
Dili, Government Palace, 21 August 2008


Post sponsored by Voices of East Timor

From "UNMIT Weekly" No. 54

Oecussi residents call for justice at UNMIT Outreach Meeting

When will those responsible for committing serious crimes be indicted?

What will happen now that the findings of the Commission on Truth and Friendship have been published?

Will the recommendations of the CAVR report be carried out? These were just some of the questions posed by community members to a panel of Government officials and human rights experts at a recent outreach meeting organized by UNMIT in Oecussi.

Among the officials on hand to answer questions were Member of Parliament Fernanda Borges, UNMIT senior Investigator Marek Michon, Deputy-Provedor for Human Rights Silvino Saldanha Pereira, UNMIT Human Rights Officer Luis Gomez-Orodea, and Director of Post-CAVR Technical Secretariat, Reverend Agostinho Vasconcelos."

The United Nations is committed to assisting Timor-Leste with investigating the cases of serious crimescommitted in 1999," Mr. Michon told the gathering. He emphasized that the decision to prosecute restsexclusively with the Office of the Prosecutor-General as a sovereign organ of State.

Ms. Borges said the Prosecutor-General's office was understaffed and needed more resources. She urged the community to be more active to persuade elected officials to act according to the will of the people.

Approximately 42 community leaders, representatives of NGOs and relatives of victims of serious crimes attended the meeting on 11 August. Organized around the theme 'Peace and Justice in Timor-Leste,' it was the first of 13 meetings that will be held throughout the country to introduce the work of UNMIT's Serious Crimes Investigation Team to the public.

http://unmit.unmissions.org/Default.aspx?tabid=221&language=en-US

New training plan to benefit key political party members

Dili, Timor-Leste 15 August 2008

Senior representatives of every political party in Timor-Leste will benefit from a six-week training course in Basic Finance Skills organized by the National Electoral Commission (CNE) in collaboration with the UNDP Support to the Timorese Electoral Cycle Project.

The purpose of the training course is to familiarize the party officials with basic finance and accounting systems in the context of the Law on Political Party Funding System which came into effect in June 2008. The course which began on 7 August and will run until 19 September, 2008, includes 45 training hours in essential skills such as budget, reporting, procurement, salaries and microsoft money.

President of CNE, Dr Faustino Cardoso, UNDP Country Director, Mr. Akbar Usmani and Chief Technical Advisor to the UNDP electoral project, Mr. Andres Del Castillo were among the guests who attended the opening ceremony, held at the CNE Headquarters in Balide, Dili. Each of the main political parties in the country has two participants, bringing the total number to about 40 people.

Dr Cardoso stressed the significance of the new training course, which he stated, “is a further demonstration of the enduring collaboration between the National Electoral Commission and UNDP.”

He continued: “One of our main priorities this year is to continue to build the capacity of the political parties and we are grateful for the support UNDP is giving us in this area. I hope that this course will be successful and that we will maintain our strong relationship with the UNDP.”

In his remarks, UNDP Country Director Mr. Akbar Usmani highlighted the importance of UNDP partnership with the CNE saying the “training will give the needed skills and knowledge to enable the political parties to prepare accurate financial reports and transparent accounting systems. UNDP considers that this cooperation will effectively contribute to the political stabilization of the country, and to build a democratic and transparent electoral system.”

The State budget includes US $1 million to be distributed among the political parties with parliamentary representation to support their operations, with the CNE tasked with the responsibility of disbursing and monitoring the use of these funds.

The UNDP Support to the Timorese Electoral Cycle Project, aims at upholding the principles of democracy and good governance, enhancing citizen participation and thus contributing to political stabilization in Timor-Leste. This will be accomplished by establishing a framework for international assistance for the Timorese electoral cycle, coordinating international donor support as well as targeting funds and services more effectively.


http://www.tl.undp.org/undp/news1.html

The Australian 19 August 2008 - East Timor President Jose Ramos Horta has delivered a furious tirade against The Australian, accusing it of inventing an article. The story in The Australian said rebel leader Major Alfredo Reinado was shot dead at almost point-blank range inside his compound on February 11. Read more...

United Nations Integrated Mission in Timor-Leste UNMIT

Timor Leste at a Human Rights Crossroads

UNMIT launches second human rights report on Timor-LesteTimor-Leste, 21 August- In a public report released in Dili today, the United Nations noted that Timor-Leste has continued to consolidate progress in key human rights areas, including adherence to the rule of law, strengthening of the judicial system and addressing past human rights violations. Nevertheless, in a number of areas further progress is needed.

The UNMIT report, covering the period September 2007 to June 2008, focuses on key human rights developments in relation to the security sector and access to justice, and provides a list of recommendations.

The report notes that the 11 February attacks against President José Ramos-Horta and Prime Minister Xanana Gusmão constituted a significant security challenge. The national authorities responded to these challenges in a way which indicates increasing institutional stability and adherence to the rule of law. The cooperation between the military and police, as well as the successful efforts to apprehend those wanted in connection with the attacks without resorting to use of force, were positive developments.Nevertheless, important challenges remain.

The notable increase in the number of cases of ill-treatment by members of the security forces reported during the state of exception is of particular concern. UNMIT also received reports of death-threats and arrests that did not follow legal procedures.

While national leaders made commitments to address such violations, accountability mechanisms remain weak.Some progress has been made in strengthening the justice system. The increasing number of Timorese judicial personnel and their increased presence in the districts are of particular importance.

However, effective access to justice remains constrained. The backlog of cases has grown to an estimated 4,700 criminal cases. Gender based violence remains a major concern with key legislation for dealing with such claims not yet adopted.

In terms of justice for past violations, the final report of the Indonesia–Timor-Leste Commission of Truth and Friendship was submitted to the Presidents of Indonesia and Timor-Leste on 15 July. The two Presidents issued a joint statement recognizing that gross violations of human rights had occurred, expressing remorse to all those who suffered. However, progress towards holding accountable those responsible for criminal acts during the 2006 crisis was slow.

Having emerged from a critical period “Timor-Leste is now at a human rights crossroads” said Louis Gentile, Chief of UNMIT’s Human Rights and Transitional Justice Section. “The Timorese people and state institutions can continue to build on progress achieved – or can turn back towards a more violent past. The United Nations stands ready to assist them to move forward”, he concluded.

The Human Rights Report on Timor-Leste can be accessed at the following link:

http://unmit.unmissions.org/Default.aspx?tabid=827

For more information, please call Allison Cooper on +670 7230453 or Hipolito Gama on +670 7311839.

http://unmit.unmissions.org/Default.aspx?tabid=827

Report onhuman rights developmentsin Timor-Leste

The security sector and access to justice1 September 2007 – 30 June 2008

Table of Contents

Executive Summary 3

I. Introduction 4

II. The Security Sector 41.
Allegations of human rights violations by the PNTL Task Force 42.
Declaration of the state of siege and emergency 53.
Allegations of human rights violations by the Joint Command 64.
Accountability mechanisms for the F-FDTL and PNTL 85.
Police certification 8

III. Access to Justice 91. The court system 92.
Gender-based violence 123. The 20 May 2008 presidential pardons 124.
Transitional justice 12Crimes committed in 2006 12
Crimes committed between 1974 and 1999 13

IV. Update on implementation of recommendations in UNMIT’s previous report 14

V. Summary of recommendations 15

Acronyms and Abbreviations 18

Executive Summary1.

On 11 February 2008, the armed group led by fugitive Alfredo Reinado, the former Military Police Commander of the armed forces of Timor-Leste (F-FDTL), carried out separate attacks against the President and Prime Minister of Timor-Leste resulting in the nearly fatal injury of the President and the death of Reinado. The attacks constituted one of the gravest challenges to the constitutional order since the independence of this young nation. The responsible role played by the Government and other actors immediately after the attacks helped avoid a breakdown of law and order. It demonstrated the increasing ability of national actors to respond to security challenges in a rational manner.2.

Nevertheless, the increasing number of reports of ill-treatment and other human rights violations, such as excessive use of force and intimidation, against civilians during operations by the Timor-Leste security forces in the aftermath of the attacks was of concern. The Commander of the F-FDTL, who had been mandated by a Council of Ministers resolution to create a Joint Command integrating members of the F-FDTL and national police of Timor-Leste (PNTL) for security operations conducted during the state of siege declared following the attacks, appeared before Parliament on 24 April 2008 where he explained that 28 complaints of human rights violations against civilians by the Joint Command had been received, 14 soldiers had been reprimanded and that serious allegations would be referred to the Prosecutor General’s Office for investigation. However, as of the end of June 2008, members of the security forces who are allegedly responsible for these violations had not yet been brought to justice.3.

The cooperation of the F-FDTL and PNTL, and the successful efforts to apprehend those wanted in connection with the attacks without resorting to use of force, were positive developments. At the end of June 2008, there were indications that the increased role of the F-FDTL in internal security may continue, including in providing security to internally displaced persons (IDPs) who have returned to their homes, and to address violence involving martial arts groups.

Any role outside the legal remit of the F-FDTL blurs the functions and reporting lines between the police and the military forces and, therefore, is a cause for serious concern.4. In relation to the justice system, some progress was made. An increasing number of Timorese judicial personnel worked as judges, prosecutors and public defenders, and their presence in the districts increased. However, further steps are needed to strengthen the system, including the functioning of district offices. In spite of an increase in human resources, the backlog of cases continued to grow to an estimated 4,700 criminal cases.

Gender-based violence remained a major human rights concern. Cases were frequently resolved through traditional dispute resolution mechanisms which were not always victim-centered and which were not regulated by a legal framework. While some progress was made towards holding accountable those responsible for criminal acts during the 2006 crisis, despite the assistance of the Office of the High Commissioner for Human Rights (OHCHR) funded international prosecutor, limited logistical and human resources in the Prosecutor- General’s Office hampered progress. Meanwhile, the Parliament had not yet discussed the final report of the Commission for Truth, Reception and Reconciliation (CAVR) which it received in November 2005.5. While much remains to be done, the response to the 11 February events indicates that Timor-Leste is making progress toward achieving full institutional stability.

Nevertheless, the events served as a reminder of the fragility of the situation and the challenge of building a culture of democratic governance and adherence to the rule of law in a young, developing country. The ultimate aim of the country’s leaders and the Timorese people of establishing a peaceful and prosperous country demands further progress, in particular in strengthening the capacity of Government and State institutions including in the security sector as well as respect for human rights and the rule of law.

I. Introduction6.

On 25 February 2008, the UN Security Council in its resolution 1802 (2008) extended the mandate of the United Nations Integrated Mission in Timor-Leste (UNMIT) for one year. In addition to condemning the 11 February 2008 attacks against President José Ramos-Horta and Prime Minister Kay Rala Xanana Gusmão and calling on the authorities to bring those responsible to justice, the resolution emphasized, inter alia, the need for sustained support of the international community to Timor-Leste to develop and strengthen its institutions and further build capacities in the justice sector; and reaffirmed the importance of ongoing efforts to reach accountability and justice, as well as implementation of the recommendations of the 2006 report of the United Nations Special Independent Commission of Inquiry (CoI).

The resolution also called upon the Government of Timor-Leste, assisted by UNMIT, to continue working on a comprehensive review of the future role and needs of the security sector.7. This report provides an update to UNMIT’s first public human rights report, published in November 2007 in line with UNMIT’s mandate to “observe and report on the human rights situation”.1

The report aims to highlight the human rights achievements in Timor-Leste from 1 September 2007 to 30 June 2008, and to point out existing challenges and shortcomings. It does not seek to provide an exhaustive overview,2 but instead focuses on two priority areas in which further progress is needed: the security sector and access to justice. The report also briefly reviews progress made towards achieving the recommendations of UNMIT’s previous human rights report. The final chapter of the report provides a summary of recommendations to both public institutions and civil society.

II. The Security Sector8.

In late 2007 and early 2008, the overall security situation in Timor-Leste improved, in particular in Dili, with a decrease in reported security incidents, including stone throwing and public disturbances. While UNMIT police continued to ensure the restoration and maintenance of public security by providing support to the PNTL, including interim law enforcement, as well as to assist with further training, institutional development and strengthening of PNTL officers, the PNTL moved towards increasing operational responsibility as demonstrated by the formation of the PNTL Task Force in December 2007 and the transfer of operational responsibility from UNMIT police to the PNTL for three police posts in Dili.


Following the 11 February 2008 attacks, the acting President declared a state of siege, and an F-FDTL and PNTL Joint Command was established to conduct security operations during the state of siege, including apprehending individuals suspected of involvement in the attacks.9. During operations by the PNTL Task Force and the Joint Command, UNMIT noted with concern an increase in the number of allegations of human rights violations, in particular of ill-treatment, including cases of severe beatings of detainees who required hospitalization for their injuries, death threats and intimidation.

By the end of June, the Office of the Provedor for Human Rights and Justice (PDHJ) had opened investigations into 44 cases; however those responsible for such violations had not been held accountable. While the 11 February attacks certainly demanded a robust response, this should be effectively addressed in conformity with legal procedures and human rights standards.1. Allegations of human rights violationsby the PNTL Task Force10. In December 2007, a PNTL Task Force consisting of 100 police officers was established in Dili. It was received positively by many members of the public as a potentially effective way of addressing security incidents, in particular public disturbances.

In mid-January 2008, UNMIT police recorded a 70% decrease in security incidents during the previous month.3 While it is not possible to prove a causal link, it is clear that the Task Force quickly became a strong and visible presence, and in this sense may have acted as a deterrent for individuals considering participating in criminal activities.11. Monitoring of the PNTL Task Force revealed an increase in alleged cases of excessive use of force and ill-treatment during arrest, unlawful searches of houses and abusive behavior.

From its inception until 11 February 2008, UNMIT’s Human Rights and Transitional Justice Section (HRTJS) documented eight cases of ill-treatment during arrest. Additional cases were reported after 11 February, when Task Force members operated as part of the Joint Command. In some cases, victims described being kicked, punched or beaten during arrest.

The illtreatment sometimes continued after the suspects were lying on the ground or had been taken inside a police vehicle. In one case, nine students from a high school in Dili were allegedly slapped, kicked and beaten with police batons during arrest. Two students, aged 23 and 16 years old, reportedly required hospital treatment. The students were released the same day, after identification.

Incidents of Task Force members entering homes without presenting arrest warrants, search warrants or getting the authorization of the house owner, as required by law, were also documented. Task Force members forced individuals to do push-ups in public, apparently as a form of instantaneous punishment and public humiliation for minor infractions.12.

In an effort to enhance professionalism of Task Force members, including respect for the rule of law and human rights, UNMIT police organized an intensive three-week training course, which included training on applicable national law, and one day of human rights training.

The first group of 30 Task Force members completed the programme in February 2008. Following the 11 February attacks, training for Task Force members was suspended, as they were taking part in operations. The training resumed in May, and by the end of June 2008, all Task Force members had completed the training. However, the HRTJS recommended that further human rights and other training be provided. It was also recommended that UNMIT police assign UNMIT Police officers to monitor and provide advice to each Task Force platoon, including by accompanying them during patrols.2. Declaration of the state of siege13.

On the evening of 11 February 2008, in response to the morning attacks against the President and Prime Minister, the acting President of Timor-Leste declared a 48-hour state of siege pursuant to a proposal from the Government and following authorization by the Parliament, in accordance with constitutional provisions. The state of siege limited the right of freedom of movement by imposing a curfew from 8 pm to 6 am, and suspended the right of freedom to assemble and demonstrate.

On 13 and 23 February 2008, the state of siege was extended for 10 and 30 days respectively. During these extensions, curfew hours were reduced to between 10 pm and 6 am, while the right of freedom to assemble and demonstrate remained suspended. Additionally, the F-FDTL and PNTL were granted the power to search homes at night with judicial warrants. On 23 March 2008, the state of siege was again extended in seven western districts, where those suspected of involvement in the 11 February attacks were alleged to be hiding.

At the same time, the status was downgraded to a state of emergency in five districts with night-time curfews being further reduced, while one district returned to normalcy.4 On 23 April, the state of siege was extended only in Ermera District, while all other districts returned to normalcy.5 There was no further extension of the state of siege when it expired on 22 May 2008.14.

The objectives of the state of siege were to apprehend those who threatened the constitutional order, and to maintain public order and avoid an eruption of violence. The situation remained calm despite genuine concerns that immediately after the attacks and in the days that ensued, supporters of the late Alfredo Reinado, or others seeking to take revenge against Reinado’s supporters, might resort to violence. In spite of the end of the state of siege on 22 May, and therefore the end of the legal basis of joint operations, the Joint Command continued to operate.

On 4 June, the Council of Ministers formally revoked the Resolution that had created the Joint Command, and on 19 June, a ceremony was held to mark its official closure.15. The International Covenant on Civil and Political Rights (ICCPR), which has been ratified by Timor-Leste, establishes that certain rights may be limited or suspended during a public emergency “…which threatens the life of the nation…”.6

However, some fundamental rights may never be derogated.7 The Human Rights Committee which oversees the ICCPR’s implementation has further clarified that any derogation must be “limited to the extent strictly required by the exigencies of the situation” in terms of duration, geographical coverage and material scope.8 The prohibition against derogating fundamental rights, and the limitation of derogations to what is strictly necessary to restore normalcy is also established in the Constitution of Timor-Leste and in the Law on the Regulation of the State of Siege and Emergency adopted by Parliament on 22 February 2008.916.

The 11 February attacks constituted a serious threat requiring immediate and effective action to prevent a breakdown in law and order. Although the security situation had been improving in the months prior to the attacks, State institutions remained weak. Longstanding problems that were at the centre of the 2006 crisis had not been fully resolved and continued to play a role in events leading to the attacks. The rights that were suspended under the state of siege were all derogable and as such, their suspension did not contravene Timor- Leste’s national and international legal obligations.

However, the full suspension of the right to assemble and demonstrate during the state of emergency contravened the Law on the Regulation of the State of Siege and Emergency, which only permits a partial suspension of rights during a state of emergency.1017.

During operations to apprehend the suspects of the 11 February attacks, the Joint Command refrained from using force. The emphasis was on exerting psychological pressure, calling for surrenders and establishing Joint Command bases. The Government and security forces appeared keen to produce results without resorting to violence, not only for human rights reasons, but also to avoid discontent among the population that might trigger conflict in the longer term. Indeed, the eventual surrender of Reinado associate Gastão Salsinha and 11 members of his armed group on 29 April 2008 occurred without the Joint Command having to resort to violence.18.

As the immediate threat of a breakdown of law and order decreased and the situation normalized, some actors questioned the necessity of extending the state of siege, with Fretilin parliamentarians abstaining from voting on the extension of the state of siege starting 23 March 2008. Proponents of the extension of the state of siege argued that it was necessary because the armed group wanted in connection with the 11 February 2008 attacks had not yet been apprehended.

Nevertheless, in particular following Gastão Salsinha’s surrender, it was increasingly questionable whether the continued suspension of the right of freedom to assemble and demonstrate, or the right of freedom of movement and inviolability of the home were indeed limited to the extent strictly required by the exigencies of the situation, as outlined by the Human Rights Committee.3.

Allegations of human rights violations during the state of siege19. As F-FDTL-PTNL Joint Command operations commenced, there was an increase in the number of alleged cases of ill-treatment of civilians by both forces. Allegations of pointing firearms and threats to kill individuals, failure to comply with legal procedures when carrying out arrests and home searches, and abuse of authority were also reported. From mid-March 2008, the number of allegations of human rights violations, in particular in Dili, decreased. However, there was serious concern about reports of human rights violations by Joint Command members in Ermera and Bobonaro Districts.20.

From the start of the state of siege on 11 February to the end of the state of siege on 22 May 2008, UNMIT’s Human Rights and Transitional Justice Section received allegations of 58 incidents of ill-treatment by members of the F-FDTL and PNTL. A total of 21 of these incidents were allegedly committed by PNTL members (13 by Task Force members and eight by regular PNTL); 24 cases of ill-treatment allegedly took place in the context of joint PNTL/F-FDTL operations, while members of the F-FDTL reportedly ill-treated individuals in 13 cases. It is of concern that in five cases, ill-treatment was allegedly inflicted during detention at police stations, where use of force was clearly unnecessary.

On 5 April 2008, a civilian allegedly threatening F-FDTL members with a machete was shot and killed by a member of F-FDTL in Bobonaro District. The National Investigation Division (NID) investigated the case and forwarded it to the Office of the Prosecutor-General. The F-FDTL reportedly paid funeral expenses for the victim. At least 15 cases were reported in which F-FDTL and PNTL members allegedly threatened civilians, including six cases involving death threats. The HRTJS received reports of instances in which members of the public were ordered to do push-ups on the side of the road as a sanction for minor offences. In some cases, individuals were reportedly kicked or beaten while doing push-ups.21.

At least 11 cases were reported in which arrests carried out by the PNTL or jointly by the PNTL and F-FDTL did not comply with legal procedures. PNTL officers often failed to clarify the reason for detaining persons. The Joint Command Rules of Engagement (RoE) allowed for arrests by the F-FDTL, both of ‘hostile forces’ and civilians in certain cases.11 According to the RoE, persons arrested should be handed over to the PNTL. It is of concern that at least in three cases, the F-FDTL removed petitioners while they were being escorted by the police or in police custody.12 On 27 February 2008, F-FDTL members forcibly took custody of a petitioner being escorted by UNMIT Police, after pointing their guns at UNMIT police and ignoring advice that this was improper handling of the suspect.22.

In at least three cases members of the PNTL allegedly conducted unlawful house searches, without warrants or written consent by the person concerned as required by law. In accordance with the law extending the state of siege, from 23 February 2008 onwards the security forces were authorized to search houses at night, provided that they obtained judicial warrants. The RoE also provided that the F-FDTL could conduct searches of private homes where there were “strong indications that a criminal offence has been committed”.13

The legal basis for such powers is questionable.23. HRTJS maintained particular concern about allegations of human rights violations by Joint Command members in Ermera District. Of particular concern were incidents in Estado Village on 12 March 2008 in which 17 persons were reportedly ill-treated, in Hatolia Subdistrict on 11 April 2008 in which at least 11 persons were ill-treated, and in Letefoho Town on 14 April 2008 in which 13 persons were reportedly ill-treated, two of whom required hospital treatment.

The regional dimensions of this incident were of concern. Joint Command members reportedly accused the victims of supporting Gastão Salsinha and his group and of being involved in crisis-related violence against Easterners in 2006. The victims stated that they believed the majority of the F-FDTL members to be from the East.

Numerous reports were received that Joint Command members warned victims not to report violations. In one case, a man who was reportedly beaten was told that, “if you give information to human rights we kill you”.

Restrictions of movement beyond what was legally provided for in the declaration of the state of siege were also reported. Villagers in several locations stated that they were told not to leave their villages or their houses after 4 pm. This impacted negatively on economic activities including firewood collection, farming activities, and going to the market. It appeared that such restrictions were also imposed in some areas neighbouring Ermera District, where no state of siege was in effect.24.

From the commencement of the state of siege, a range of actors contributed to monitoring and reporting on the human rights situation. The Office of the Provedoria for Human Rights and Justice (PDHJ) played an important role in coordinating monitoring efforts with civil society, including by sending teams to Ermera District.

The PDHJ issued a press release on 12 February 2008, encouraging members of the public to report human rights violations to the Provedor’s Office, and presented two reports to the National Parliament.14 By the end of June, the Provedor’s Office had opened investigations into 44 alleged cases of human rights violations. On a number of occasions, alleged violations were raised directly in Parliament and by the Prime Minister.

On 11 February 2008, the Prime Minister delivered a public statement in which he stated that “[a]ny action the state must take to protect citizens will not violate people’s human rights or freedom”. On 20 March 2008, during a renewal of the state of siege, the Prime Minister stated in Parliament that he had raised allegations of human rights violations with the Joint Command. UNMIT also raised concerns with relevant authorities. Collective efforts by governmental and non-governmental actors played an important role in highlighting human rights concerns.4.

Accountability for violations by membersof the F-FDTL and PNTL25. Increased monitoring and reporting of human rights violations was not matched by effective action to hold to account members of the security forces suspected of involvement in past and present human rights violations. Investigations by the regular internal PNTL accountability mechanism, the Professional Ethics Office (PEO), were hampered by limited resources and insufficient investigative expertise.15

Although the F-FDTL Military Discipline Regulations provided for a disciplinary process, there was de facto no formal accountability mechanism in place to address cases of misconduct by F-FDTL members.1626. Although PEO officers were assigned to the districts, they faced obstacles when investigating their colleagues and superiors. In some cases, PNTL District Commanders failed to forward allegations from the PEO officer in their district to the national PEO. In other cases, progress stalled after allegations were forwarded to the national PEO.

On some occasions, PNTL officers suspected of having committed serious crimes remained on active duty. For example, one PNTL officer who was accused of forcing a minor to have sexual relations with him was moved from a local PNTL office to another police station after the case was reported to the district PEO in February 2008.

As of June 2008, the case had reportedly not been forwarded to the national PEO. The acting District PNTL Commander stated in July that the alleged perpetrator had been suspended without pay for two months, but had since returned to active duty. Meanwhile, a case had reportedly been filed in the Prosecutor General’s Office in April 2008. While upholding the right to presumption of innocence, cases of such serious nature should be investigated without delay, and criminal proceedings be initiated if the allegations are substantiated.27. On 3 April 2008, the PNTL issued “Guidelines and a call for rigorous attention”.17

The Guidelines were issued in response to complaints of human rights violations by members of the PNTL raised by the PDHJ, human rights institutions and the international community during the state of siege. The Guidelines emphasize that PNTL officers should uphold the rule of law, and state that, [n]o authorization is given to any member of PNTL and there is no excuse for him or her to hit or threaten a citizen”.18

The Guidelines further clarify that lack of compliance will be considered the responsibility of PNTL Unit and District Commanders, and that the PNTL General Commander designate will take measures against those who do not comply. At the Prime Minister’s request, UNMIT distributed 6,000 pocketbooks on human rights standards for law enforcement officials to the PNTL.28. While the PNTL has a formal and functioning disciplinary mechanism, there is no equivalent within the F-FDTL.

The Regulation on Military Discipline (Decree Law 17/2006) provides a basis for a disciplinary process, but it is not implemented in a systematic and formal manner. In practice, the investigation and imposition of any sanction in regard to misconduct is left to the discretion of the officer’s immediate superior. Most F-FDTL members have very limited, if any, knowledge of the Regulation. They also receive minimal guidance and support, due in particular to the lack of F-FDTL legal advisors. Presently, there is only one legal officer assigned to the Ministry of Defence and none in the F-FDTL.29.

In a positive development, Timorese leaders stated publicly on several occasions that members of the security forces involved in human rights violations during the state of siege would be held accountable. The Rules of Engagement for the Joint Command forces expressly stipulated that any suspicion that a serious crime has been committed should be communicated to the Command.19

On 24 April 2008, the Commander of the F-FDTL, Taur Matan Ruak, stated in Parliament that there were 28 complaints about human rights violations. In late April 2008, in response to allegations of human rights violations in Ermera, one F-FDTL captain was reportedly withdrawn from the field, while 14 F-FDTL members operating under the Joint Command were reportedly verbally reprimanded. The National Investigation Department (NID) referred a number of cases, including alleged human rights violations in Ermera District and the shooting of a man in Bobonaro District, to the Prosecutor- General’s Office for investigation.

In another positive development, some initiatives to provide training to the security forces have been undertaken.205.

Police certification30.

In the aftermath of the 2006 crisis, UNMIT police, pursuant to the Policing Arrangement between the Government and UNMIT (signed in December 2006), initiated a certification programme for PNTL, to ensure that all officers uphold standards of integrity and capacity. UNMIT police statistics as of the end of June 2008, provided that 3,114 PNTL officers had registered, of whom 599 had been awarded or were recommended for final certification. Close to all of the remaining 2,500 officers had completed the provisional certification course and were undergoing mentoring by UNMIT police.31.

The Timorese-led PNTL Evaluation Panel,21 established by the Government in August 2006 to provide recommendations regarding the suitability of individual PNTL members for service with the PNTL was revived in early 2008. The Panel is multidisciplinary and includes both Timorese and international members. It submits its recommendations to the Secretary of State for Security, who is vested with the authority to dismiss PNTL members from the police service. By the end of June 2008, the Panel was in the final stages of reviewing PNTL officers based in Dili District. While no officer had been found unsuitable for service, the Panel identified around 50 cases for further deliberations because of possible integrity concerns.

At that time, the Panel had yet to consider most of the PNTL officers working outside of Dili District.32. During the reporting period, there was some concern about the effectiveness of the certification process, including the PNTL Evaluation Board, a Timorese-led body. As of the end of June 2008, the process had not resulted in any dismissals based on past human rights violations or criminal conduct, despite a large number of recommendations to do so from UNMIT police. Additionally, some Timorese Government officials and PNTL members expressed frustration with the pace of the certification process, including the mentoring component, as a precondition for final certification. The procedures and the criteria for certification were not well communicated to stakeholders. In addition, the Government had not yet adopted legislation to ensure a process that is effective in removing unsuitable officers from the service with due respect for their human rights.22


III. Access to Justice1.

The court system33.
Between September 2007 and June 2008, some progress was made towards strengthening the court system, but further improvement was needed in a number of areas. In a positive development, 10 probationary Timorese judicial personnel graduated from the United Nations Development Programme (UNDP) funded Legal Training Centre in March 2008. However, the permanent deployment of judicial personnel to the districts proceeded slowly, and there was a need for further rehabilitation of courts and offices.

The backlog of cases continued to increase.34. By the end of June 2008, 13 Timorese judges, 13 national prosecutors and 11 national public defenders were assigned to Timor-Leste’s four district courts, the Court of Appeal, and prosecution and public defender offices. The limited capacity of Timorese judicial personnel meant that the system continued to rely on international judicial personnel. From September 2007 to June 2008, five international judges, three international prosecutors and four international public defenders were working in the Timorese justice sector.35.

Limited improvement was made during the reporting period in the presence of judges, prosecutors and public defenders in the districts. The most notable changes took place in Baucau District, where a panel of judges consisting of one international and two national judges was present five days a week An international judge and an international court clerk moved to Baucau in September 2007 and January 2008 respectively. However, the international judge left in April 2008, and had not been replaced by the end of June. On 20 June, the trial in Baucau District Court of a PNTL officer accused of the fatal shooting of a man during a CNRT rally in Viqueque town in 2007 was delayed because only two of the three members of the panel of judges were present. The suspect had been brought from Dili where he was in pre-trial detention.

Deployment to other districts stalled during the reporting period. The only Timorese court official permanently based in the districts was the judge in Suai District. Obstacles to permanent deployment included lack of adequate accommodation and security.23 In June, following an assessment by UNMIT police, steps were taken to improve the security of the Baucau national judge while staying in Baucau during weekdays.36. National prosecutors visited their assigned regions irregularly and usually for court hearings only. While the international prosecutor for Baucau increased his presence during the reporting period, he often came unaccompanied by his national counterpart. There has been no international prosecutor for Suai and Oecusse Districts since August 2007.

Lack of provisions for security meant that all prosecution files were kept in the Office of the Prosecutor General in Dili. Public Defenders also did not have a permanent presence in the districts. In addition to a generally high case-load, it was reported that private legal work by some public defenders had a negative impact on their official duties. One international public defender covered all districts outside Dili. The lack of public defenders meant that private pro-bono lawyers sometimes handled an unmanagable number of cases, making it difficult for them to handle these in a professional manner.24

In the coming months, the strengthening of the Public Defenders’ Office should be a priority for the authorities and those supporting the justice sector in Timor-Leste.37. Some progress was made in the rehabilitation of court buildings and offices of judges, prosecutors and public defenders in Dili and Oecusse Districts. However, elsewhere, further rehabilitation was needed. The poor condition of the Baucau District Court building, which was partially burnt during unrest in August 2007, was of particular concern. Offices of judges, prosecutors and public defenders in the districts lacked electricity as well as effective means of communication, including telephone lines and internet access. Steps were being taken to address this, with priority given to making the Baucau District Court fully functional.38.

Despite the allocation of additional national and international human resources, the backlog in the prosecution offices continued to increase. The backlog of cases for prosecution in the Dili District prosecution office increased from 2,413 cases in July 2007 to an estimated 4,700 cases in July 2008.25 Although the complexity of prosecution of a number of serious incidents added to the workload of prosecutors, this constituted a significant increase.26 Delays in the translation of documents continued to hamper progress in many cases. Problems in communication between prosecutors and the police also led to delays in investigations. The commencement of weekly meetings between prosecutors, UNMIT police and PNTL in Dili and Baucau was a positive step towards improving communication, and should be replicated in other regions.39.

Court hearings in the districts were often cancelled due to the non-appearance of victims, defendants or witnesses. Many victims did not appear in court because notifications did not reach them. UNDP has planned an initiative to strengthen the court-based administration system of notifications to address this. There were also only limited provisions for district courts to pay for transport or other costs incurred by witnesses and defendants from remote areas. Reimbursement procedures were reportedly inefficient and timeconsuming. The lack of a witness and victim protection law may also have discouraged the appearance of victims in court.40. Some progress was achieved in giving more attention to civil cases, with the Dili District Court slightly reducing its backlog of such cases in 2007.

However, compared to criminal cases, the number of civil cases solved remained minimal. One reason for this was the lack of a legislative framework to handle the many cases related to land tenure and ownership. In addition, the applicable Indonesian Civil Code had not yet been translated into Portuguese. This impeded its use by Report on human rights developments in Timor-Leste 11 international court actors, who all came from Portuguese speaking countries. It is expected that the enactment of the new Timor-Leste draft Civil Code planned for 2008 will significantly facilitate the hearing of civil cases.2.

Gender-based violence41.

Gender-based violence (GBV) remained a major human rights concern. Timor-Leste’s Government took some positive steps, including the approval in March 2008 by the Council of Ministers of the Organic Law of the Secretary of State for the Promotion of Equality. However, key legislation that would help address legal gaps and establish clear procedural guidelines for dealing with GBV crimes, in particular the Domestic Violence Law and Criminal Code, had not been adopted by the end of June 2008.42.

Within the PNTL, the Vulnerable Person’s Unit (VPU) is responsible for receiving and investigating allegations of GBV. In 2007, at least 482 GBV cases were reported to VPU offices in Timor-Leste’s 13 districts. Investigations into these cases – including in serious cases such as rape – were often delayed as VPU offices lacked resources and institutional support.27 Gathering of evidence in relation to GBV cases was a key problem. The PNTL did not have procedures for gathering evidence, and supporting medical examinations were not available. In addition, victims were rarely willing to testify in court, and witness statements were often not available, given the nature of the crime.

Only one quarter of the cases (117) reported to the police in 2007 were forwarded to the Office of the Prosecutor-General for further investigation and prosecution.28 The remaining cases were either withdrawn by victims, often following mediation by VPU officers, or resolved through traditional mechanisms. This is of great concern in view of the fact that some categories of GBV crimes are public crimes under the applicable Indonesian Penal Code.2943. The Office of the Prosecutor-General received 101 cases of GBV crimes between September 2007 and March 2008.30 This constitutes an increase compared to previous periods. Ninety-six of these cases were from Baucau and Dili Districts, while only a few cases were forwarded from other jurisdictions.

As of April 2008, the Office of the Prosecutor-General had filed indictments in 12 of the 101 cases. District courts were also increasingly active in relation to GBV cases, although no statistics were available on the number of cases of GBV that were heard. The Timorese NGO Judicial System Monitoring Programme (JSMP) carried out monitoring of such trials.3144. The majority of GBV cases were resolved through traditional dispute resolution mechanisms, usually in the form of family meetings.

During interviews, victims and community leaders stated that concerns about the impact on the family, financial considerations and the slow progress of the official judicial system were main factors leading to a preference for informal mechanisms. There was concern that traditional dispute resolution mechanisms were not always victim-centered. Even though victims were given the chance to provide information, it was not clear to what international court actors, who all came from Portuguese speaking countries. It is expected that the enactment of the new Timor-Leste draft Civil Code planned for 2008 will significantly facilitate the hearing of civil cases.2.

Gender-based violence41.

Gender-based violence (GBV) remained a major human rights concern. Timor-Leste’s Government took some positive steps, including the approval in March 2008 by the Council of Ministers of the Organic Law of the Secretary of State for the Promotion of Equality. However, key legislation that would help address legal gaps and establish clear procedural guidelines for dealing with GBV crimes, in particular the Domestic Violence Law and Criminal Code, had not been adopted by the end of June 2008.42. Within the PNTL, the Vulnerable Person’s Unit (VPU) is responsible for receiving and investigating allegations of GBV.

In 2007, at least 482 GBV cases were reported to VPU offices in Timor-Leste’s 13 districts. Investigations into these cases – including in serious cases such as rape – were often delayed as VPU offices lacked resources and institutional support.27 Gathering of evidence in relation to GBV cases was a key problem. The PNTL did not have procedures for gathering evidence, and supporting medical examinations were not available. In addition, victims were rarely willing to testify in court, and witness statements were often not available, given the nature of the crime. Only one quarter of the cases (117) reported to the police in 2007 were forwarded to the Office of the Prosecutor-General for further investigation and prosecution.28 The remaining cases were either withdrawn by victims, often following mediation by VPU officers, or resolved through traditional mechanisms.

This is of great concern in view of the fact that some categories of GBV crimes are public crimes under the applicable Indonesian Penal Code.2943.

The Office of the Prosecutor-General received 101 cases of GBV crimes between September 2007 and March 2008.30 This constitutes an increase compared to previous periods. Ninety-six of these cases were from Baucau and Dili Districts, while only a few cases were forwarded from other jurisdictions. As of April 2008, the Office of the Prosecutor-General had filed indictments in 12 of the 101 cases. District courts were also increasingly active in relation to GBV cases, although no statistics were available on the number of cases of GBV that were heard. The Timorese NGO Judicial System Monitoring Programme (JSMP) carried out monitoring of such trials.3144.

The majority of GBV cases were resolved through traditional dispute resolution mechanisms, usually in the form of family meetings. During interviews, victims and community leaders stated that concerns about the impact on the family, financial considerations and the slow progress of the official judicial system were main factors leading to a preference for informal mechanisms. There was concern that traditional dispute resolution mechanisms were not always victim-centered. Even though victims were given the chance to provide information, it was not clear to what extent this was taken into consideration in the final decision. Compensation, when paid, was received by the victim’s family rather than the victim.

The lack of a legal framework regulating traditional mechanisms meant that there was no oversight of the extent to which they upheld basic fair trial guarantees, including the presumption of innocence, the right to appeal and enforcement of decisions. For example, in one case a rape victim was awarded financial compensation by a traditional mechanism, but when the perpetrator - a relative - refused to pay, this was not enforced.

In view of this, it is essential that the authorities, in consultation with civil society and traditional leaders, decide on the role and standards of traditional justice mechanisms and their relation to the formal justice system.3.

The 20 May 2008 Presidential Pardons45.

In a Presidential Decree issued on 20 May 2008, 94 of Timor-Leste’s 179 prisoners received a pardon or partial commutation of sentence. The Decree specified that release was to be granted at the decision of the court of competent jurisdiction based on independent evaluation of the circumstances relevant to each case. 46.

As of 30 June 2008, 20 persons had been conditionally or unconditionally released as a result of the pardons.

Former Minister of Interior, Rogerio Lobato, who was sentenced to seven and a half years imprisonment for his role in the 2006 crisis, was among those whose sentence was commuted. Nine inmates serving sentences for crimes against humanity committed in 1999 also received commutations of their sentences.

Four were released in June, while four others will be technically eligible for conditional release by the end of October 2008. Also among those conditionally released were individuals convicted of murder, assault and sexual offences.

There was concern that Articles 331 and 332 of the Criminal Procedure Code of Timor-Leste was not fully applied in the decisions to grant parole.

Article 332.1 specifies that “[t]he granting of parole depends on the convicted person’s good behaviour in prison and strong capacity and willingness to readapt himself or herself to society…”.

No assessment of the detainees’ ability to reintegrate was apparently made in the case of either Rogério Lobato or the four men convicted of crimes against humanity. In addition, while pardons and commutations of sentences are permitted under national and international law, the HRTJS believes that they must be granted only in a manner that enhances the efforts to promote accountability and justice and to combat impunity, in line with relevant United Nations Security Council resolutions.

4. Transitional justice Crimes Committed in 200647.

Progress was made towards holding accountable those responsible for criminal acts during the 2006 crisis, with two trials completed, two in process and 11 cases under investigation. Based on HRTJS monitoring, trials were largely fair, complied with international standards, and respected the rights of defendants. Nevertheless, investigation and prosecution was hampered by limited logistical and human resources in the Office of the Prosecutor General. The added workload resulting from investigation and prosecution of suspects in relation to the 11 February attacks also may have hindered the prosecutorial capacity to proceed with cases.

The OHCHR funded international prosecutor specifically tasked to handle cases recommended by the CoI for prosecution arrived in March 2008.48.

Four F-FDTL members were found guilty by the Dili District Court on 29 November 2007, of manslaughter and attempted manslaughter, in connection with the killing of eight PNTL officers on 25 May 2006. They were sentenced to prison terms ranging from 10 to 12 years, and to pay compensation to the victims or their families.

On 15 January 2008, the Court of Appeal declared their appeal inadmissible because it was submitted late.

On 11 February 2008, one of the convicted soldiers was reportedly seen uniformed and armed in the vicinity of President Ramos-Horta’s residence.

On 2 March 2008, the four were detained in an ad hoc military prison in Taci Tolu, Dili, apparently established by an accord signed by the Ministry of Justice and Secretary of State for Defense and provided for in a Decree on the creation of a high security cell belonging to Becora prison.32

However, UNMIT monitoring indicated that the four were not properly incarcerated.

UNMIT also learnt that the four continued to receive their salaries from the military. Given that the trial was conducted by a civilian panel of judges, using the civilian criminal law and in a civilian court, the decision to detain those convicted in an ad hoc military prison is questionable and gives the impression that those convicted are not subject to the rule of law.49.

Former PNTL Deputy Commander, Abilio Mesquita, and three co-defendants were acquitted of manslaughter by the Dili District Court on 13 March 2008, in relation to the armed attack on the house of F-FDTL Commander Matan Ruak on 24-25 May 2006.

Mesquita was convicted of theft and of using a firearm with intent to disrupt public order and sentenced to three years and three months imprisonment.33 His three co-defendants were each sentenced to one year and six months imprisonment, for intent to disrupt public order. All four were released pending the final verdict of the Court of Appeal.34

One of the defendants and the Office of the Prosecutor- General appealed the verdict. The trial took place after a previous conviction in the Dili District Court was declared null and void by the Court of Appeal in September 2007, on grounds that the panel of judges had not been constituted in accordance with applicable laws and regulations.50.

Former Minister of Interior, Rogerio Lobato, who was serving a prison sentence of seven and a half years for manslaughter and the illegal distribution of weapons, left Timor-Leste in August 2007 to undergo medical treatment in Malaysia.

The Standard Minimum Rules for the Treatment of Prisoners (adopted in 1955) provide that sick prisoners who require specialist treatment be taken to specialist institutions. However, the Standard Minimum Rules also recognize “the great variety of legal, social, economic and geographical conditions of the world” and emphasize that the rules must be applied impartially.35 Similar treatment should therefore be given to other prisoners who may be in a similar situation of requiring medical treatment abroad.

On 14 April 2008, the Judge stated that he had notified Lobato that his treatment in Malaysia was no longer justifiable on medical grounds and that he had to return to Timor-Leste within 10 days of receiving the notification.

On 20 May 2008, President Ramos-Horta granted a partial commutation of Lobato’s sentence, and he was officially conditionally released on 3 June. He had not returned to Timor-Leste by the end of June 2008.51. In the aftermath of the 11 February attacks, nine members of Reinado’s group, who were among a group of 17 persons facing charges of manslaughter, attempted manslaughter, rebellion and weapons charges in relation to an armed confrontation in Fatu Ahi in May 2006, surrendered or were apprehended by the authorities.

Upon judicial review, seven of the defendants were released under minimal restrictive measures. Amaro da Costa (“Susar”), a key member of Reinado’s group, who was also wanted in connection with the 11 February attacks, was remanded in pretrial detention and held in a house in Dili. The trial of those accused of involvement in the Fatu Ahi resumed on 7 May 2008 in the Dili District Court of Appeal. The trial was postponed to 11 June due to the fact that three of the defendants had received late notification, and therefore did not have the required opportunity to submit a rebuttal. The trial was subsequently adjourned until 8 August 2008.52.

Vicente da Conceicao (Railos) and LeandroLobato, wanted in connection with the armed confrontation on 24-25 May 2006, were arrested on 3 October and 30 November 2007, respectively. Both men faced charges of manslaughter. They remained in pretrial detention at the end of June 2008.53.

Progress was made in implementing a reparations programme. In November 2007, the Government announced that civilians who sustained serious injuries, and families of civilians who were killed as a result of violence that occurred between 1 October 2006 and 30 August 2007, were entitled to assistance. This constituted an extension of a programme that provided financial assistance to civilian victims of violence that took place between April and September 2006. By May 2008, 384 persons had benefited from the programme.

The Government stated that it had allocated US $ 200,000 for the scheme. The Government also provided funding to the NGO Alola Foundation to continue its programme to support families of F-FDTL, PNTL and civilians who were killed in 2006.Crimes committed between 1974 and 199954. On 12 February 2008, UNMIT and the Prosecutor- General signed a Memorandum of Understanding providing for UNMIT’s Serious Crimes Investigation Team (SCIT) to support the Office of the Prosecutor- General in conducting investigations into crimes committed in 1999 and drafting indictments, by giving UNMIT access to the former Serious Crimes Unit database.

This enables the SCIT to continue investigations that have been pending since the closure of the Serious Crimes Unit in November 2004, including 186 murder cases for which there are no indictments yet, and 486 murder cases that have not yet been investigated. SCIT submitted its first monthly report to the Prosecutor General in April 2008. As of 30 June, investigations had been initiated in Aileu, Ainaro, Baucau, Bobonaro, Dili, Ermera, Lautem, Liquisa, and Viqueque Districts, and 20 investigations had been completed. The completion of investigations into human rights violations that occurred in 1999 would constitute an important step towards possible future prosecutions, and would help establish the facts about the events of 1999.55.

The final report of the bilateral Indonesia-Timor- Leste Commission of Truth and Friendship (CTF) was officially submitted to the Presidents of Indonesia and Timor-Leste on 15 July 2008 (after the period covered by this report) and the two Presidents issued a joint statement recognizing that gross violations of human rights had occurred, expressing remorse to all those who suffered, and commiting themselves to faithful implementation of the Commission’s recommendations.

The CTF was criticized by human rights observers for prioritizing relations between Indonesia and Timor- Leste over truth and justice; CTF hearings in Dili in September 2007 were boycotted by some NGOs, who instead conducted an alternative hearing that emphasized the need for justice. While concerns remained about the CTF’s terms of reference, which allowed for recommending amnesty for serious crimes such as war crimes and crimes against humanity, no amnesties were in the end recommended.

On 15 July 2008, the Secretary-General publicly welcomed the commitments to follow up action and encouraged the Governments of Indonesia and Timor-Leste to take concrete steps to ensure full accountability, to end impunity and to provide reparations to victims in accordance with international human rights standards and principles and in line with the recommendations of the Commission of Experts and the Secretary-General’s report on Justice and Reconciliation for Timor-Leste (S/2006/580).56.

The two-year delay of Timor-Leste’s National Parliament in discussing the final report of the Commission for Truth, Reception and Reconciliation (CAVR), which it received in November 2005, was a matter of increasing concern. The “Chega!” (“Enough!”) report constitutes an important historical record and contains detailed recommendations, including the establishment of a reparations programme for victims of human rights violations that occurred between 1974 and 1999.

On 5 June, Committee A of the National Parliament unanimously approved a resolution recommending that the Chega! Report of the CAVR be tabled in the next plenary session of Parliament for consideration and debate.57. In March 2008, the HRTJS and the International Center for Transitional Justice (ICTJ) organized a consultation on the establishment of such a reparations programme, attended by representatives of relevant ministries, Members of Parliament, NGOs, the Church and United Nations agencies.

There was broad support for a limited programme of material reparations for victims of the gravest violations who continue to suffer the consequences in their daily lives. The need for symbolic reparations for victims, more generally, was also highlighted. The donor community should continue to support the post-CAVR Technical Secretariat, which is tasked with disseminating the CAVR final report and maintaining the CAVR archives and memorial site.IV. Update on implementation of recommendations in UNMIT’s previous report58.

UNMIT’s Report on human rights developments in Timor-Leste (August 2006 - August 2007) contained a number of recommendations. Below, a brief update is provided on progress made in relation to the recommendations in areas not covered elsewhere in this report.59.

The President of the Republic:

In November 2007, the Council of Ministers approved a draft Law on Legislative Authorization in penal matters (Proposta de Lei de Autorização Legislativa em material penal)which, if approved by Parliament, will empower the Government to draft a Penal Code and submit it directly to the President for promulgation. Should this transpire, there was concern that a code of such importance would not be subject to parliamentary scrutiny and broad consultation before coming into force.60. The National Parliament had not debated or adopted laws on land and property rights, witness protection and domestic violence.

The Law on the Status and Profession of Private Lawyers is in the process of being adopted. USAID began the implementation of a five-year project to support the Government on property rights, including by assisting in the drafting of land and property laws and implementing regulations and institutional mechanisms. Parliament allocated funding to the Post- CAVR Secretariat to continue its activities.61.

The Government adopted a national recovery strategy Hamutuk Hari’i Futuru (Together Building the Future) in December 2007, aimed at addressing the IDP situation. By the end of June 2008, 11 IDP camps had been closed, while 36 camps remained open. As of the end of July 2008, 3,340 families had received assistance to return to their homes. The Office of the Human Rights Advisor to the Prime Minister had not been reinstated, and though appointed, Human Rights Focal Point Officers appeared not to be active.62. In the area of human rights treaty reporting, some progress was achieved.

In January 2008, the Committee on the Rights of the Child concluded its review of Timor-Leste’s initial report on the Convention on the Rights of the Child (CRC). Local NGOs, with the support of international NGOs, began socialization of the recommendations. In January 2008, the Council of Ministers approved the Government’s initial report on the implementation of the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). The Government had not yet initiated the drafting of a report on the International Covenant on Economic, Social and Cultural Rights (ICESCR).63.

The Ministry of Justice was in the process of drafting Legislation on Juvenile Justice, with support from UNICEF. No specific facilities for juveniles or detainees who suffered from mental health problems were established. Guidelines on how formal justice and traditional mechanisms can cooperate in a human rights abiding way had not been developed. UNMIT established a working group on this issue in June 2008.64. The Ministry of Social Solidarity cut food rations to IDPs in half from January 2008.

Vulnerability criteria are being designed in preparation for the phasing out of food distribution in the camps and instead focus on the most food vulnerable in the entire population. There was concern that social safety nets addressing the needs of the most vulnerable groups within the camps had not yet been established. Further, the Labor Code had also not yet been forwarded to the Council of Ministers.65.

The Office of the Provedor for Human Rights and Justice played a key role in human rights monitoring and reporting during the state of siege and as such strengthened its role as a relevant national human rights mechanism.

Cooperation with NGOs increased, but further steps would be welcome. The opening of regional offices was postponed due to budget constraints.

On 30 June the Provedor’s Office issued its Annual Report. The revival of its IDP team in June 2008 was also a welcome development. In June, a joint session was held with the HRTJS to strengthen cooperation.66. Civil society organizations had not yet signed and enacted the NGO Forum Code of Conduct for NGOs. Legal aid and victim support activities, particularly in the districts, and the Human Rights Monitoring Network (RMDH) required further strengthening. In addition, NGOs continued to enter cases into the Human Rights Violations Database, with a total of 323 cases entered since 2005.

V. Summary of recommendations

To the President of the Republic:

Promulgate, after its review by the National Parliament or the Government, the new Penal Code.

To the National Parliament:

Debate and adopt a new penal code, a new civil code, as well as legislation on witness protection, domestic violence and the vetting process.

Discuss the final CAVR report and task the Government with implementing its recommendations, including the establishment of a reparations programme.

To the Government:

Provide the Office of the Provedor for Human Rights and Justice with sufficient funding to strengthen and expand its activities.

Continue financial and logistical funding to support the Post-CAVR Secretariat.

Ensure the proper incarceration of the four convicted F-FDTL members in a normal civil detention centre.


Ensure that there is a clear separation of roles between the F-FDTL and PNTL, as provided for in the Constitution, as well as strengthened internal accountability and external oversight mechanisms.

Allow for parliamentary scrutiny and broad consultations of the draft Penal Code. Ensure that the SCIT is allocated a sufficient number of interpreters and investigators to enable it to work effectively throughout the country.

To the Ministry of Justice:

Permanently relocate judicial personnel to the districts and enhance staff security, as well as adequate living and working conditions.

Improve the notification system and provide district courts with adequate budgets.

Speed up translation efforts in the courts and prosecutor offices.

Establish guidelines on how formal justice and traditional mechanisms can cooperate in a transparent and human rights abiding way.

To the Secretariat of State for Security:

Strengthen the PEO, and take other necessary measures of institutional reform to ensure accountability of police officers involved in human rights violations and breaches of discipline. Strengthen the PNTL Vulnerable Persons Units, in particular in the districts, including by providing specific training on applicable law.

Ensure early completion of the work of the Evaluation Panel, and the removal from the police service of all officers alleged to have been involved in criminal acts and/or human rights violations.

To the Secretariat of State for Defense:

Strengthen the internal disciplinary mechanism of the military. Ensure cooperation of F-FDTL members with criminal investigations by the judicial system, and their submission to the rule of law.

To the Judiciary:

Ensure that the Criminal Procedure Code of Timor-Leste is fully applied in any decisions to grant parole, and that pardons do not undermine accountability.

To the Office of the Prosecutor-General:

Adopt a prosecutorial strategy that prioritizes cases based on gravity, impact and evidence.

Investigate and prosecute human rights violations committed during the state of siege and emergency.

Ensure criminal responsibility for crimes committed in April-May 2006, in line with the recommendations of the United Nations Independent Special Commission of Inquiry for Timor-Leste.

Ensure that members of the F-FDTL and PNTL who commit human rights violations are brought to justice. Increase cooperation with police.

To the Office of the Provedor for Human Rights and Justice (PDHJ):

Open regional PDHJ offices as soon as the capacities of PDHJ staff and the allocated PDHJ budget permit.

Strengthen cooperation arrangements with human rights monitoring NGOs.To civil society organizations:

Enhance legal aid and victim support activities, in particular in the districts.

Strengthen human rights monitoring and reporting mechanisms, including by increasing use of the joint Human Rights Violations Database.

Adopt a Code of Conduct for national NGOs.

To the donor community:

Continue to provide technical and other forms of assistance and cooperation, in particular in the areas of security sector reform and justice.

Continue to support the post-CAVR Technical Secretariat.

Notes

1 UN Security Council resolution 1704 (2006)/para. 4(g), 25 August 2006. In accordance with this mandate, the Human Rights and Transitional Justice Section (HRTJS) of UNMIT is engaged in capacity-building programmes, while its human rights officers monitor and report on the human rights situation in the country. The Section is furthermore engaged in supporting security sector reviewprocess and the screening process of the national police, in promoting transitional justice for crimes committed between 1974 and 1999 and in 2006, and in strengthening civil society organizations including in the area of economic, social and cultural rights. The Chief of HRTJS reports to the Special Representative of the Secretary-General for Timor-Leste, as well as to the United Nations High Commissioner for Human Rights. This report is issued by UNMIT and has been drafted primarily by the HRTJS.

2 For a broader overview of political, social and security developments in Timor-Leste, see “Report of the Secretary-General on the United Nations Integrated Mission in Timor-Leste (for the period from 21 August 2007 to 7 January 2008”, S/2008/26, 17 January 2008.

3 HRTJS interview with UNMIT Police Dili District Commander, 18 January 2008.

4 Presidential Decree no. 45/2008, 22 February 2008. A state of siege continued in Aileu, Ermera, Bobonaro, Covalima, Ainaro, Liquica and Manufahi Districts. A state of emergency was in force in Dili, Baucau, Lautem, Manatuto and Viqueque District, while Oecusse District and Atauro sub-district were exempt.

5 Bill no. 7/2008 Authorizing the President of the Republic to renew the declaration of state of siege in Ermera District, 22 April 2008.

6 ICCPR, Art. 4.1. When derogating from the ICCPR, states parties are obliged to inform other states parties about the derogation. On 15 February 2008, the acting President wrote a letter to the United Nations Secretary-General. It was not clear at the time of writing whether this letter was accepted as notification.

7 According to the ICCPR, Article 4, these non-derogable rights are the right to life, physical integrity, non-retroactivity of the criminal law, recognition as a person before the law, freedom of thought, conscience and religion, the right not to be subjected to torture, slavery or servitude, the right not to be subjected to cruel, inhuman or degrading treatment or punishment, and non-discrimination.

8 General Comment No. 29, State of Emergency (Article 4), CCPR/C/21/Rev.1/Add.11, 31 August 2001, paragraph 4.

9 Constitution of the Democratic Republic of Timor-Leste, Section 25; Law 3/2008 on the Regulation of the State of Siege and Emergency, 22 February 2008, Article 2.

10 Bill no. 3/II/1a/2008 on the Regulation of the State of Siege and Emergency, 19 February 2008, Art. 10.2.

11 Rules of Engagement for the operational forces under the Joint Command, 21 February 2008, Rules 9 – 15.

12 In January 2006, 159 soldiers sent a petition to President Xanana Gusmão, complaining of discrimination against soldiers from the western part of Timor-Leste in the F-FDTL. After receiving only minimum response, the soldiers left the barracks. Subsequently more soldiers joined them, and in March 2006, F-FDTL Commander Taur Matan Ruak dismissed 594 soldiers who became known as the “petitioners”. Salsinha was the spokesperson of the petitioners. In early 2008, the Government invited the petitioners to a retreat in Dili, in an attempt to find a solution to their situation. On 11 June, the Council of Ministers adopted a decree law regulating the return of the Petitioners to civilian life, and the government stated that it was to pay compensation to the group. By the end of June, most petitioners had left the retreat.

13 Rules of Engagement for the operational forces under the Joint Command, 21 February 2008, Rule 28.

14 “Declaration of the Office of the Provedor for Human Rights and Justice on the Declaration of the State of Siege”, 12 February 2008. The first report of the PDHJ was submitted on 26 February. Issues highlighted included the lack of awareness of the people, and the lack of clarity from government in relation to the state of siege; abuse of police power; lack of understanding of the Criminal Procedure Code by the police, and the need for the police and military to respect human rights when conducting operations. On 19 March, the Provedor’s Office submitted its second report on the human rights situation during the state of siege to Parliament. The report, covering the period 12 February to 19 March found that around 40 percent of the 72 persons detained for violating the curfew alleged that they had been ill-treated by police during arrest. The report also documented three cases of unlawful arrest. While no arrests were made in relation to restrictions on the right to assembly and to demonstrate, the report noted that the suspension of the right to freedom of movement within prescribed hours impeded some socio-cultural practices and observances.

15 The Portuguese original version of the Organic Law of PNTL (Decree Law No. 8/2004) refers to the “Gabinete de Ethica e Deontologia Professional” (GEDP). The English translation refers to the “Professional Ethics Office” (PEO). However, UNMIT Police has named the office the “Professional Standards and Discipline Office” (PSDO).

16 Regulamento Disciplina Militar, Decree Law 2006/17, 30 October 2006.

17 PNTL General Commander-designate, “Guidelines and a call for rigorous attention”, Police number GAB.1/180/4/2008, 3 April 2008.

18 Ibid. p.4.

19 Rules of Engagement for the Joint Command Forces, Rule 30.

20 The Australian Government is fostering greater professionalism, by providing training to the F-FDTL through its Defence Cooperation Program. A similar initiative, the Timor Leste Police Development Program, is also in place to assist the PNTL.

21 Government Resolution No. 13/2007 of 11 December 2007, (that amended Government Resolution No. 3/2006 of 31 August 2006 that established the PNTL Evaluation Commission). Art. 7 provides that the Evaluation Panel is to determine “whether any given PNTL member should resume his or her work or be suspended and submitted to a disciplinary or criminal proceeding.”

22 An expert mission on policing found that the certification process was “…relatively unsystematic, did not have a clear certification strategy that outlined targeted numbers over a defined period of time and did not prioritize the certification of commanding officers”. The expert mission also found that the process lacked a defined certification policy. Report of the expert mission to Timor-Leste on policing, 17 to 27 March 2008. S/2008/329, 16 May 2008.

23 While the official residences of court actors in Baucau and Suai districts were uninhabitable, the UNDP rented houses to accommodate court actors.

24 Six associated private pro-bono lawyers in Baucau were attending more than 400 criminal and civil cases in March 2008, including cases dating back to 2004. One lawyer alone was handling more than 200 criminal cases at one time. The lawyers are currently receiving an average of 25 to 30 new cases per month.

25 UNDP, “Strengthening the Justice System in Timor-Leste. Annual Progress Report 2007”, February 2008; and Procuradoria Distrital de Dili: Mapa Estatistico, February 2008. According to the Office of the Prosecutor-General in Dili, as of January 2008, the Prosecutor Offices in Baucau, Oecusse and Suai had a backlog of 800, 256 and 126 cases respectively. This did not include 463 pending case files for Suai that went missing during the 2006 crisis and 520 cases that are currently in progress.

26 Among the complex cases were cases recommended for prosecution in the report of the UN Special Independent Commission of Inquiry (2006), the investigations into election-related violence in July and August 2007, and investigations into the 11 February 2008 attacks.

27 This included lack of technical resources such as computers, vehicles and communication facilities as well as access to medical professionals. “The Vulnerable Persons Unit in Timor-Leste: An Independent Assessment of its Role and Function”, Technical Papers Series, UNICEF Timor-Leste. Chris Styles- Power, Carolyn Hamilton and Erica Hall, University of Essex, UK, March 2008, p. 15.

28 The 117 cases forwarded to the Office of the Prosecutor-General in 2007, constituted 4.3% of the inquiries opened by the Prosecutor that year (2,721 inquiries). Comparative data from other developing countries indicate that the proportion of inquiries into GBV in Timor-Leste is low. See for example a 2005 study by the World Health Organization: http://www.unifem.org/gender_issues/violence_against_women/gacts_figures.php?page=2

29 The Indonesian Penal Code (IPC), which remains the applicable law for GBV cases, specifies that domestic violence is a public crime, meaning that once brought to the attention of the authorities, the authorities are obliged to investigate a case, regardless of the victim’s wishes. The IPC contains a number of gaps in its definitions of GBV crimes.

30 Due to the difficulty in obtaining accurate data about GBV, paragraphs 42 and 43 refer to different time periods.

31 For further information on trials of GBVcases, see JSMP Press Release “Cases of domestic violence processed by the formal justice system at the start of 2008”, 8 February 2008, and “Analysis of decisions in cases involving female victims: January 2006 – June 2007”, December 2007.

32 Decree 1/2007, 14 May 2007.

33 Article 365.2 of the Indonesian Penal Code and UNTAET Regulation 5/2001, Article 4.7, which states that, “[a]ny person who without lawful authority imports into East Timor any firearm, ammunition or explosive with the intent to disrupt public order, or who uses any firearm, ammunition or explosive in the disruption of public order is guilty of a criminal offence and shall be punished by a fine not to exceed fifty thousand U.S. dollars (USD 50,000) or a term of imprisonment not to exceed twenty years, or both”.

34 The Judge referred to Criminal Procedure Code Art. 197, which states that “If requested or at his or her own discretion, the judge may override pre-trial detention and determine that the defendant be released where it is established that pre-trial detention has been imposed in cases and conditions other than those provided in the law or where the circumstances that led to pre-trial detention have ceased to exist”.35 Standard Minimum Rules for the Treatment of Prisoners (1955). Approved by the Economic and Social Council in its resolution 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977.Acronyms and AbbreviationsCAVR Commission for Truth, Reception and ReconciliationCEDAW Convention on the Elimination of all forms of Discrimination Against Women CNRT Congresso Nacional da Reconstrução de TimorCOI Commission of InquiryCRC Convention on the Rights of the ChildCTF Commission of Truth and FriendshipF-FDTL Falintil-Forças Armadas de Defesa de Timor-LesteGBV Gender-based violenceHRTJS UNMIT Human Rights and Transitional Justice SectionICCPR International Covenant on Civli and :Political RightsICESCR International Covenant on Economic, Social and Cultural RightsICTJ International Center for Transitional JusticeIDPs Internally displaced personsJSMP Judicial System Monitoring ProgrammeNGO Non-governmental organizationNID National Investigation DivisionOHCHR Office of the High Commissioner for Human RightsPDHJ Provedor for Human Rights and JusticePEO Professional Ethcs OfficePNTL Polícia Nacional de Timor-LesteRMDH Human Rights Monitoring NetworkRoE Joint Command Rules of EngagementSCIT UNMIT Serious Crimes Investigation TeamUNDP United Nations Development ProgrammeUNMIT United Nations Integrated Mission in Timor-LesteUSAID United States Agency for International DevelopmentVPU Vulnerable Person’s Unit

UNITED NATIONS 19 August 2008 -- Today, the Security Council lauded the actions of the central government of Timore-Leste following an effort back in February to kill the both the President and Prime Minister.

In two different incidents on the same day, both men were attacked by men tied to Alfredo Reinado, who was on the run from the police there. Although Prime Minister Xanana Gusmão luckily was uninjured, President José Ramos-Horta was hurt severely.

Current Security Council President Ambassador Jan Grauls of Belgium praised the “rapid, firm and responsible manner” with which Timor-Leste dealt with the aftermath of the assassination attempts. He said the Council particularly was pleased with Timor-Leste’s adherence to constitutional procedures. Nonetheless, the Security Council said that despite Timor-Leste’s recent stability, the “political, security, social and humanitarian situation in the country remains fragile.”

In addition, Atul Khare, the Secretary-General’s Special Representative in Timor-Leste has told the Security Council about questions surrounding some actions by troops in the wake of the attacks on the leaders.

Mr. Khare said, “The Government has been responsive when those concerns were raised” but that “it is not clear how effectively Government concerns are being institutionalized and articulated farther down the ranks.” He warned against a “culture of impunity” but saw the initiation at the end of July of sessions for judicial officers in order to avoid future abuse as a good sign.Earlier this month the Secretary General likewise commended the stability of the institutions of Timor-Leste after the failed assassinations and applauded the lack of violence. He said that, “The leaders and people of Timor-Leste did not allow these events to jeopardize the country’s overall stability…[t]he security situation remained calm. Efforts to foster dialogue and reconciliation continued.”

However, Ban Ki-Moon too was concerned about the future of the country and said that Timor-Leste, as well as the international community, must continue to work to bolster stability.

The Council also discussed today the UN panel created to analyze the violence that broke out in 2006 in Timor Leste. It has urged the country to fully implement the suggestions offered by the panel and said it welcomes the conviction of the leaders of Timor-Leste on the need for justice and their determination to act against impunity.”

This will be added by the UN Development Assistance Framework (UNDAF) for 2009-2013, which was agreed upon during the first week of August. Finn Reske-Nielsen deputy head of the UN peacekeeping mission in Timor-Leste says that “Timor-Leste is moving into a more stable phase that enables it to address the need for strong, efficient and effective institutions and improve the lives of its citizens throughout the country.” In outlining the objective of the UNDAF he explained that, “At the end of the five years, we would expect that the courts and Government institutions are stronger and trusted. We would also expect to see more and better schools, health facilities, infrastructure and social protection.” - Caroline Patton

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Mr. President, Distinguished Members of the Security Council,

Excellencies, Firstly, allow me to begin by congratulating Mr. Jan Grauls in assuming the Presidency of the Council and expressing my gratitude to you for convening this meeting. It is an honour to be once again to be addressing this eminent audience.

Mr President, Members of the Security Council, As SRSG Atul Khare has already mentioned, today is a poignant day for Timor-Leste, the UN and of course, this Council. On this day, we remember and pay tribute to the life and contribution of former UN Transitional Administrator of East Timor and SRSG, and a great friend of Timor-Leste, Sergio Vieira de Mello, and other UN employees who lost their lives on this very day five (5) years ago in Baghdad. Since my last intervention before this Council, a number of obstacles and difficulties, some grave and other of a different scale and nature, have arisen in Timor-Leste, but I speak to you today knowing that I have the resolute backing of the Timorese people when I say that we are whole-heartedly committed to the continued development of our young country as a democratic, peaceful and successful nation.

Mr President, Distinguished members of the Council, You have all received the Report of the Secretary-General. I now wish to address, in more detail, the way in which the Government plans to address the challenges that the report identifies. The assassination attempts made on our beloved President, His Excellency Jose Ramos Horta and H.E Prime Minister Xanana Gusmao presented a serious challenge to the institutions of state. However the State responded positively by appointing an interim President until President Horta was able to, on April 17, resume the full responsibilities of Office. The Government and state institutions enacted two measures following the attacks to maintain stability and public security and to allow for investigations to be undertaken.

One mechanism was the establishment of a Joint Command led by the PNTL and the F-FDTL for the conduct of security operations during a state of siege. The state of siege was a flexible and responsive mechanism which allowed for the easing of restrictions such as curfew hours during the period from 11 February to 22 May. As the Secretary General noted in his report “encouragingly, and in contrast to the events of 2006 the situation did not precipitate a crisis destabilizing the entire society”.

The efforts of the Joint Command – together with those of a range of political mediation initiatives - resulted in the eventual surrender of the President’s attackers and associates. It is important to note two things. Firstly, this operation was carried out without notable violence.

Secondly, it demonstrated a remarkable level of institutional cooperation between the political authorities, the defense force and the police services which illustrated the progress in the rebuilding of these latter two institutions and their interrelationship.

The Government is aware of the 44 alleged cases of violations committed in areas of Joint Command Operations opened by the Provedor for Human Rights and Justice and is committed to determining responsibility and implementing corrective and disciplinary measures to avoid a repetition of such incidents in the future. As the Secretary General also notes in his report, the government is indeed committed to addressing these shortcomings. The Secretaries of State for Defense and Security will be specifying disciplinary actions for those found guilty of violations. The Joint Command, while not without its critics, was viewed positively by the majority of the Timorese population. It was established under exceptional circumstances, resulted in overall success and has now been discontinued.

Mr. President, Distinguished Members of the Council, Allow me to now draw the Council’s attention to our humanitarian situation. The process of recovery will necessarily be a complex and delicate one. In December 2007, the Government presented its National Recovery Strategy, ‘Hamutuk Hari’i Futuru’ (Together Building the Future). The Strategy offers a framework by which the Government, communities, civil society and the international community can harmonize their efforts to address the many and varied impacts of the 2006 crisis on Timorese society.

The Strategy is a whole of Government approach led by the Vice Prime Minister and operating through a process of inter-ministerial cooperation between the Ministries of Social Solidarity, Infrastructure, Justice, Economy and Development, and Defense and Security. Under the National Recovery Strategy, more than 14,450 IDP families have registered their desire for return or resettlement. I can report to the Council that with the assistance of UNMIT, the UN Agencies, and other international partners, the Government has facilitated the return of large numbers of IDPs in the past few months. Camps and shelters that existed for two (2) years are now empty. A total of twenty (20) IDP camps have now been closed and more than 3,650 IDP families have received recovery packages. This is evidence of the restoration of public faith in the improvement of the security situation and more stable political environment. Implementation of the National Recovery Strategy faces a number of challenges.

The Government recognizes that it is critical that the remaining elements of the land and property laws be passed, and that priority be given to the allocation of transitional shelter and social housing, for people who are unable to return to their homes. The Government is also alert to the need to address issues of food security among returning IDPs and Timorese society as a whole. It is also essential to deal with conflict between returning IDPs and receiving communities. Broader community vulnerabilities need to be addressed, as does the rehabilitation of community infrastructure. The Government is committed to working with UN agencies, NGOs and civil society to ensure that IDP returns are durable, and that recovery is meaningful for all Timorese people.

Mr. President and members of the Council, The Government also concluded dialogue process with the F-FDTL ‘petitioners’. It issued an invitation to the petitioners to gather for a dialogue in Aitarak Laran, Dili at the beginning of February. By the end of May, 709 petitioners had accepted the invitation to enter into dialogue. All of the ‘petitioners’ have now accepted the financial compensation package offered by the Government to return to civilian life. Aitarak Laran is now completely empty.

Mr. President and Distinguished members of the Council, The Government of Timor-Leste is committed to the notion that rebuilding the national police is a long-term undertaking requiring national ownership and continued international assistance for the foreseeable future. As the Secretary General’s Report noted “considerable progress has been made in the registration, screening and certification programme for the national police”. We continue to appreciate the efforts of the UNMIT police, not only in helping to guarantee public security, but in supporting efforts towards the reconstitution of the national police. As indicated by the Prime Minister in his report on the state of siege and state of exception of 29 May, and in line with the language of the Secretary General’s report, we envisage that PNTL resumption of policing responsibilities should be complete with the first half of 2009.

We are also happy to note that the Secretary General does not propose any reduction in strength of UNMIT police during the current mandate, as their continued presence at current levels is essential to the smooth implementation of PNTL resumption of responsibilities and the maintenance of stability. We hope that any discussion of a UN police drawdown would be de-linked from PNTL resumption of responsibilities and that a robust UN police presence is maintained through and beyond the current UNMIT mandate.

The Government of Timor-Leste realizes that the full reconstitution of PNTL will require our close engagement and we will make every effort to ensure that the conditions are met to allow the joint implementation of a transition process that we are developing together with UNMIT and UNMIT police. This includes ensuring that necessary logistics are in place; actions are taken to meet certification targets; and satisfactory institutional readiness can be verified to ensure that the PNTL can assume routine policing activities.

We want the PNTL to uphold the highest standards possible of professionalism, and therefore regard the certification process as an important step towards identifying those PNTL who have serious disciplinary and/or criminal issues that preclude them from the police service.

Mr. President, Distinguished Members of the Council, As part of efforts to enhance democratic governance, the Government has made 2008 the year of ‘Administrative Reform’. Under the guardianship of the Prime Minister, A ‘Year of Administrative Reform’ conference was held in May 2008. The Government regards this as an important step forward in transparency, accountability and integrity of the democratic governance processes in Timor- Leste. The conference covered, among other areas, a National Anti-Corruption Strategy and an Anti-Corruption Commission.

The Prime Minister also established an Inspector-General Working Group to advise on necessary reforms required to expand the competence of the Office of the Inspector General and to assume the role of an Auditor General of State. The Government is also working at strengthening an independent and strong civil service.

Earlier this year, the Council of Ministers approved preliminary measures for the establishment of a civil service commission, which will be an independent statutory authority. Its aim will be to ensure an apolitical, merit-based civil service of the highest professional standards able to provide quality services to the Government and people of Timor-Leste. In this same area, I would like to draw your attention to an extremely positive development in Timor-Leste – the functioning our National Parliament.

The National Parliament has developed into a credible and dynamic forum for debate and dialogue. Discussion there is often head, as with parliaments the world over, but it is reasoned and productive too. It is a new experience for us Timorese to have our representatives debate public policies so openly and consider such a wide range of opinions.

Dear Mr. President, During the reporting period of the Secretary-General’s report, new challenges have arisen that require a pro-active and vigorous response from the Government.

The Prime Minister, when he introduced the law on the Rectifying Budget to the National Parliament on 18 July, described these challenges, many of which will be familiar to you as they are related to international conditions and are not specific to Timor-Leste.

These include the drastic worldwide increase in the price of basic commodities such as rice, which the Prime Minister called a “silent tsunami.”

Timor-Leste is a country that depends on importation of basic foodstuffs and, as the situation has changed, so must the Government response.

The rectifying budget contemplates measures needed to ensure that our people have the basic necessities of life.

All of the gains of the past years, including those areas in which international assistance has been provided, could be lost in instability if the Government is not pro-active in response to new circumstances. The Economic Stabilization Fund, with a capital of 240 million USD, is an important tool that the government is employing to tackle the effects of the rising cost of food and other commodities like fuel and construction material, throughout the world.

The packages we have offered to returning IDPs, pensioners and other vulnerable groups though cash transfers will be of little use if they find themselves in a scenario whereby previously estimated costs are no longer relevant in future months. Meeting the demands of our population in regards to food and shelter goes hand in hand with meeting our security obligations. The Fund will be governed in an open and transparent manner with all procurement following Government procurement laws and all expenditure subject to external auditing.

Mr. President, For the first time, the Timorese State will ensure social protection for those scarred by war and for the dependants of those who dedicated their lives to the struggle for national liberation. Categories for those entitled to a pension are: families of deceased combatants; veteran combatants, with more than 15 years service; those disable by the war who have been unable to work; and the elderly over 55 years of age, with a total of over 8 years of active service. The number of pensions granted was 12,538 with 631 pensions for living combatants and 11,907 to the widows and families of fallen combatants. Timor-Leste’ sovereignty today is a product of the sacrifice made by many thousands of our citizens whom we will never forget.

Mr. President,Distinguished Members of the Council, Timor-Leste is ever strengthening its bilateral relationships. The Governments of Timor-Leste and Indonesia have decided to jointly discuss and agree on arrangements for the implementation of the recommendations of the Final Report from the Commission of Truth and Friendship. Some of the recommendations have already been subject to join efforts, such as the issue of border demarcation. In the spirit of mutual respect and to further promote friendship and reconciliation between the people of our two countries, we have committed ourselves to the faithful implementation of the Commission’s recommendations, which will be integrated into a plan of action within the framework of existing bilateral cooperation mechanisms.

The CTF Report represented an historic and important milestone in the search for truth and justice for the events of 1999. The recommendations of the report aim to address unresolved issues of state responsibility towards the victims of violence contained in the report. Above all, we have a duty, both to the victims and to future generations, to ensure that our society is spared similar violent conflict ever again.

In my closing remarks I would like to emphasize the unique partnership between Timor-Leste and the UN. We have made many strides forward in the last nine years. We cannot afford, at this stage of our country’s development, to lose focus. UNMIT is performing a very critical role and we are eager to see the UN stay. Keeping in mind that a substantive review of UNMIT’s mandate is due in early 2009, I would like to suggest to the Council that in order to cement the successes of our partnership, the UN should maintain a substantive peacekeeping presence in Timor-Leste until the next election cycle, that is to say until the year 2012. Thank you.

END OF STATEMENT

The Australian 22 August 2008 A SECRET recording of the last meeting between East Timor's President Jose Ramos Horta and rebel leader Alfredo Reinado reveals that the two men had run out of ways to end a stalemate that had held the country moribund for almost two years. The recording, obtained by The Australian, was made by Reinado on January 13 on a small digital recorder hidden in his top pocket at a meeting in the western hilltop town of Maubisse. Just before Reinado died, he handed it to a friend for safekeeping. Read more...

UNMIT Daily Media Review 21 August 2008

Gusmao and Horta call for defense force and police to contribute to stability - Timor Post
President Jose Ramos Horta and Prime Minister Xanana Gusmao have called for the Timorese Defense Force (F-FDTL) and National Police (PNTL) to keep contributing to the country's peace and stability. The President and the Prime Minister made the calls yesterday during a ceremony for the 33rd commemoration day of the Timorese National Liberation Army (FALINTIL) at the Palace of the Government. "I am calling on these two institutions, F-FDTL and PNTL to show good example and performance to the people to contribute to the peace and stability in the country," PR Horta said. PR Horta added the country's state bodies would allocate amount of money to develop more both F-FDTL and PNTL in future. PM Gusmao said these two security forces should guarantee security and stability in the country.

Better to reinforce PDHJ than set up anti-corruption commission, says MP Florindo - Timor Post
The Parliamentary Majority Alliance (AMP) MPs initiated to set up an anti-corruption commission in Timor-Leste, but Fretilin MPs have rejected the Government's proposal of setting up this commission. MP Osorio Florindo Fretilin said that there was no need to set up many commissions for combating corruption. What is needed is to establish a proper system and for the Government to better reinforce the country's Human Rights Ombudsmen known as PDHJ, because PDHJ was also working towards combating corruption. Democratic Party MP Vital do Santos said he firmly defended the Government's initiative of setting up the proposed commission, as it would help combat corruption in the country.

Horta sets deadline for recalling illegal weapons - Diario Nacional
President Jose Ramos Horta has set a deadline for civilians to hand over illegal weapons at large in the community to the security forces. President Horta said all residents should hand over illegal weapons to the security forces until the end of this month [August]. Horta said only the security forces, such as Timorese Defense Force (F-FDTL) and National Police were allowed to carry weapons. Horta called on the F-FDTL, PNTL, International Stabilization Force (ISF) and the UN police to find civilians who were carrying illegal weapons.

Gusmao: Timor-Leste still needs ISF as country's situation still volatile - Dairio Nacional
Prime Minister Xanana Gusmao said that given that the stability of the country was still volatile, the country still needed the deployment of the International Stabilization Forces (ISF). Gusmao made the comments yesterday after participating in the ceremony for the commemoration day of the Timorese National Liberation Army (FALINTIL) at the Palace of the Government. "We have seen many problems around the world, such as state coups and murders, therefore do not think that things have improved. We still need the ISF's presence," Gusmao said. Gusmao said that before developing a law for internal and defense security, the country should first produce a national security law.

F-FDTL does not belong to political parties: Father Gusmao - Suara Timor Lorosa'e
Director for Commission of Peace and Justice, Father Martinho Gusmao, said he was pleased with some significant changes within the country's defense force. Mr Gusmao said to improve the security force institutions in future, leaders who are in charge of this institution should have similar vision with the Minister for Defense Xanana Gusmao, Defense Secretary Julio Thomas Pinto and State Secretary for Security Francisco da Silva Guterres. Mr Gusmao said these leaders had a combined vision to help develop the national spirit of F-FDTL to be truly a state instrument, not belonging to political parties. Gusmao therefore considered this was significant changes which were made in the country's difficult times.

Deadline set for police officers on the run with Reinado - Radio Televisaun Timor Leste
State Secretary for Security Francisco da Silva Guterres has set a deadline for the police officers who were on the run with former rebel leader, Alfredo Reinado Alves, to participate in dialouge with the police command. The state secretary was referring to the proposed dialouge as a solution to the problem of the police officers who were on the run with Reinado during the country's recent crisis. Guterres said he had discussed the issue with the police's top commander and had set a deadline to resolve this problem; September 15 would be the last day to be given to those police officers to participate in the dialogue.

Horta calls on Timorese security forces to continue cooperating with ISF and UN police - Televizaun Timor Leste (20/08/08)
President Jose Ramos Horta has called on the Timorese Security Forces, Timorese Defense Force (F-FDTL), and National Police (PNTL) to continue cooperating with the International stabilization forces (ISF) and the UN police in restoring peace and stability in the country. Horta made the calls today during a speech marking the ceremony for commemorating the day of Timorese Liberation Army (FALINTIL) at the Palace of the Government. Horta also thanked F-FDTL and PNTL that had been successful in the joint operation and were able to concentrate all the petitioners. Horta stressed the F-FDTL and PNTL should keep building good cooperation with the ISF and UN police in the country, because they had been good friends of the country's security forces.

President Horta calls for F-FDTL and PNTL to abide by mission- Radio Timor Leste (20/08/08)
President Jose Ramos Horta has called for the Timorese Defense Force (F-FDTL) and National Police (PNTL) to abide by their mission to secure both internal and external threats. The president said F-FDTL and PNTL should show good performance in conducting their duties within the community, so that people could respect them. Horta made the calls today during a speech marking the ceremony for commemorating day of Timorese National Liberation Army known as FALINTIL at the Palace of the Government. Horta expressed appreciation to the F-FDTL's Command that stood firmly with the spirit of the constitution to defend their institution during the country's crises in 2006. Horta also thanked the International Stabilization Forces (ISF) and the UN for their security assistances during the country's recent crises.

Timorese intelligence service still weak, says PM Gusmao - Televisaun Timor Leste (20/08/08)
Prime Minister Xanana Gusmao said the country's recent crises in 2006 had showed the country's intelligence service were still weak, therefore it needed to be improved. The prime minister made the comments today after participating in the ceremony of the commemoration day of Timorese National Liberation Army (FALINTIL) at the Palace of the Government. Gusmao said if the country's intelligence service was good, he did trusted that President Horta was not shot by the rebels. Therefore, there should be training to be provided for the country's intelligence services, so that skills of its members could be improved. Gusmao added Timor-Leste still needed presence of the United Nations in the country, because security situation of the country was still volatile.

Gusmao calls on Timorese Defense Force to guarantee security in the Country - Radio Timor Leste, 20 August
Prime Minister Xanana Gusmao has called on the Timorese Defense Force (F-FDTL) to maintain and guarantee security in the country based on the compromises and efforts made in the past. The prime minister made the calls this morning after participating ceremony for the commemoration day of Timorese National Liberation Army known as FALINTIL at the Palace of the Government. Gusmao said F-FDTL as the country's defense force should abide by the constitution and the law about security. Gusmao added the Government and other state bodies were currently holding discussion on the defense and security policy making.


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Radio Australia 21/08/2008 The United Nations mission in East Timor says human rights violations by the fledgling national police appear to have risen over the past year.The UN mission's rights chief, Louis Gentile, says East Timor is at the cross roads and the country can either build on progress achieved or turn back towards a more violent past. Read more...

Falantil Day celebrated- RTL
To commemorate FALINTIL Day celebrated today (20/8), The President of the National Parliament Fernando Lasama appealed to all Timorese citizens to honour the legacy of heroes who had contributed and sacrificed so much for the Independence of the country. A Fretilin MP also appealed to the PNTL and F-FDTL to maintain the integrity of what the heroes had sacrificed for by contributing to the betterment of the country.

AMP rejects ISF presence – Suara Timor Lorosa’e
Some Government MPs have rejected the continuing presence of the International Stabilization Forces (ISF), arguing that the ISF is no longer needed given the increasingly stable security environment. CNRT MP Eduardo Barreto said that he believes its time for the ISF to go. Democratic Party MP Gertrudes Moniz said that it was time to hand over full responsibility of national defense to the national forces. Social Democratic Party MP Fernando Gusmão said that he had full faith in the PNTL and F-FDTL to maintain peace and stability.

President Horta demands respect over budget promulgation fiasco – Timor Post
President Ramos-Horta has demanded that MPs respect him as the Head of State. The President made these remarks in relation to comments made over the recent promulgation fiasco. The President warned MPs that he would retaliate if provoked.

Fretilin accused of fomenting instability – Timor Post
PSD MP Fernando Gusmão has accused Fretilin of fomenting instability through their submission to the Court of Appeals over the constitutionality of the rectified budget. Mr Gusmão said this showed the party has no intention to contribute to the development and stability of the country. In response, Fretilin MP Estanislau da Silva said that Fretilin has always worked to develop the nation and free the people from poverty. Mr da Silva further said that Court of Appeals did not make a decision on the Economic Stabilization Fund, but on the decree law creating the fund.

Post sponsored by East Timor Directory - Timor-Leste online.

UNMIT Daily Media Review 19 August 2008

PM: Gov will be responsible for the 12 Nov victims - TVTL
Prime Minister Xanana Gusmão said that the government will take into consideration the demands of the victims and the families of the massacres that took place in the Santa Cruz cemetery on 12 November 1991. The PM promised that the Government would support efforts to find the sites were victims of the massacre were buried.

PNTL officers suspended for misuse of funds - TVTL
The Minister of Defence and Security has suspended eight PNTL officers who were found to have misused funds during the Joint Operation Command. The officers have been suspended for three months and will have their salaries reduced. The Prime Minster said that the decision to suspend the officers was based on the results of an investigation into the Joint Operation.

Gov won’t tolerate PNTL who break the law - TVTL
The Minister of Defence and Security has said that he will not tolerate PNTL officers who break the law. This comment was made in relation to the performance of an officer who had organized some youth to attack the police station in Fatumeta on 17 July 2008. The officer responsible was suspended for forty five days during which he did not receive a salary. The Minister said that these measures were part of the reform the Government wanted to initiate in the PNTL.

Prosecutor-General defends secrecy around report - RTL
The Prosecutor-General, Longuinos Monteiro, has defended the decision of the Public Ministry to not publicise the report on the 11 February events as the investigation is sill ongoing. Mr Monteiro said that the report would be revealed once the investigation had ended and the evidence presented to the courts.

Alkatiri doubts ability of AMP to deliver pipeline to TV - Diario Nacional
Fretilin’s Secretary-General Mari Alkatiri said that he doesn’t believe the Government will be able to convince the Australian Government to create a pipeline to Timor-Leste. According to Mr Alkatiri, the Government’s words cannot be backed with concrete action as there does not exist any current mechanism or law to create such a pipeline.

Telecommunications Decree Law prepared – Timor Post
The Minister of Finance Emilia Pires has confirmed that the Government has created a decree law for communications which would allow another telecommunications company to compete with Timor Telecom. Minister Pires said that the new policy would allow for constructive competition.

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August 18, 2008 INSIDE the Hotel Becora, as they call Dili's prison, some of the 22 men who face spending the rest of their lives behind bars for the attempted murders of East Timor's President Jose Ramos Horta and Prime Minister Xanana Gusmao are starting to talk.The Australian has obtained the first accounts from rebels inside Becora. None of them admits to shooting the President, even though Mr Ramos Horta had identified Marcelo Caeteno as his attacker. Read more...

FRETILIN
Media Release
August 18, 2008

FRETILIN, opposition parties and some AMP MPs join forces to increase budget allocation for poverty stricken veterans

FRETILIN, KOTA-PPT, PUN, ASDT and other AMP MPs joined forces to amend the budget presented by the Gusmao de facto Government, to immediately start paying the liberation war veterans' pensions, at a cost of US$20 million. "Our proposal succeeded despite strong opposition by de facto Prime Minister Xanana Gusmao and Finance Minister Emilia Pires to the very end," said Josefa Soares Pereira, FRETILIN Parliamentary Party Secretary and MP.

Soares and FRETILIN MP Osorio Florindo put forward the proposal during the budget debate which ended on 31 July 2008, in the Timor-Leste National Parliament, because the government could not explain why veterans were going to be made to wait a further six months or more for payment of their much needed pensions.

"It seemed to us unjust and unnecessary for the government to continue to deny these impoverished veterans their pensions, when they have been quite prepared to make a priority of special payments to deserters from the defence force. These veterans in contrast sacrificed themselves and their families so that we can have the freedom and sovereign nation we have today," she said.

In 2006 the FRETILIN dominated parliament passed a law establishing the criteria and mechanism to determine payment of pensions to veterans and their families, but the collection and verification of data as to who is a veteran was the task of three commissions established since 2002 under the auspices of then president Xanana Gusmao. The then President continued to insist that there was insufficient verification for the database compiled by the commissions to be used as the basis for commencing payment of pensions to veterans.

"It was a source of frustration for us who have tried to promote the cause of the veterans, that there was this constant proposition coming from the then president, now de facto Prime Minister, that the database was not ready. Yet in late 2006 and in the first half of 2007, before the parliamentary elections it was good enough to use the database to award around 17,000 medals of honor to veterans and their survivors. This issue was politicized by political figures in the campaign, including Mr Gusmao, and FRETILIN was painted as neglectful and mean for not paying the veterans," added Soares.

"But when it comes to an outrageously high spending budget on largesse such as luxury cars for MPs, overseas travel for Ministers and others in government, rehabilitation of homes for ministers and others, they forget about the veterans and keep saying the database needs to be fixed. We don't accept that anymore and are happy that the majority of the parliament agreed with us. Now it is a matter for the government to cut out the fat it has for travel, entertainment and other luxuries to make sure the veterans are paid," Soares stressed.

To date only 238 or so veterans have received any payments whatsoever, with a tens of thousands still awaiting any payment, whilst living in extreme poverty. The FRETILIN government's attempts to pay the veterans in the time prior to the elections in 2007 were also met with a dead end response from the veterans commission, which was under the control of Mr Gusmao.

"We do not want any more excuses from Mr Gusmao and Mr Virgilio Simith, the Secretary of State who is the chair of the veterans commissions. They have had five years to come up with the numbers for the veterans. They have done a poor job and we need to have an investigation into the numerous complaints that have been made by both veterans and development partners who gave millions of dollars towards the process. Mr Gusmao and Mr Simith have to be held responsible.

"We insist on this, but most of all, it's the Veterans, including MPs who are veterans and supported our proposal for amendment, who spoke out in these terms. It's time to act. The government must act or be held further responsible for the neglect of the veterans, for which Mr Gusmao and his appointees must carry their share of the responsibility," Soares said in closing.

The budget which was rammed through by the AMP de facto government is currently the subject of a constitutional appeal by FRETILIN, and is awaiting promulgation by President Jose Ramos-Horta who has held back from proclaiming it subject to the court's decision. FRETILIN MPs believe that one of the few areas warranting a revision was in the case of the additional US$20 million, which can be accommodated in the revised budget, by cutting extravagant and wasteful items, and without any need to withdraw in excess of the sustainable income set by the Petroleum Fund Law rules.

For more info, contact Jose Teixeira: +61 438 114 960 (Australia), +670 728 7080 (Dili, Timor-Leste)

UNMIT Daily Media Review 18 August 2008

Horta: I had signed the rectifying budget before going abroad – Televizaun Timor-Leste
The following text is the statement made by President Horta prior to his departure for China and The Philippines. The Statement shows that President Horta did indeed state that he had promulgated the rectifying budget. “I know that I will be returning today on 15 August 2008. I signed it [the budget] very quickly because I had to leave very urgently and because I thought that the Court of Appeals had to make a decision in a very short time. Also, I did not want this law to be pending on my return. So, at that time I signed a lot of things and there were a lot of meetings in my office so my staff forgot and gave me the documents to be signed and their obligation was to deliver those documents to the National Parliament (NP).

And my idea was to give opportunity to the Court of Appeals to make up its mind. I put forward my concern about the rectifying budget but it was not my prerogative to veto the budget from the government because it was debated in the NP and when the NP approves a budget, I am not entitled to veto it. Regarding the petition from the opposition parties, it was only about the decree law for the economic stabilization fund; it was not about the economic stabilization fund,” he said.

Julio Tomas Pinto: F-FDTL, PNTL and ISF will continue collecting illegal weapons – Televizaun Tiimor-Leste
At a trilateral meeting held yesterday, the State Secretary of Defence Julio Tomas Pinto said that while many weapons had already been handed over, the PNTL, F-FDTL and ISF would continue their cooperation to continue collecting illegal weapons. Mr Pinto also said that an ultimatum would be given for those suspected of keeping illegal weapons as according to intelligence data collected from the PNTL and F-FDTL, there are many people still hiding weapons. As specified, the deadline of the weapons collection campaign ended on 15 August 2008.

Horta asks ISF should stay in TL until December – Timor Post
President José Ramos-Horta has asked the International Stabilisation Force (ISF) to stay in the country until December. The President said that such requests were made based on an internal security evaluation made by the National Parliament and the United Nations. The President also said that Timor-Leste still needs the presence of the ISF while reducing the United Nations Police force.

Oliveira: Gov violates human rights – Timor Post
The Association of Human Rights has said that they believe human rights violations against prisoners to have occurred in Timor-Leste, including against those rebels who are being detained in preventive prison in Becora with no judgment. The Director of Human Rights Association José Luis Oliveira said that the Dili District Court has detained many people in prison but the trial process is taking a very long time. He also said that while many international judges have been contracted by the government to undertake the trial process, they however have not carried out their duties properly as many cases are still pending, including the February 11 cases. He said that he believes this to be a human rights violation by the Government.

Alkatiri: PGR has to ‘out’ February 11 protagonists – Timor Post
Former Prime Minister and Secretary-General of Fretilin Mari Alkatiri is strongly demanding that the Prosecutor-General publicise the results of the investigation into the events of February 11. Mr. Alkatiri said that it is very important for the public to know why Alfredo had to die in President Horta’s residence, and who was responsible for shooting the President. The former Prime Minister said that even though Alfredo has died, his death is still mysterious. Mr. Alkatiri has further questioned why not one person was injured in the Prime Ministers convoy despite many shots been taken at the convoy.

Acting SRSG Finn: UNPol still marks presence in TL – Suara Timor Lorosa’e and Diario Nacional
The Acting Special Representative of the Secretary-General (SRSG) for Timor-Leste Finn Reske-Nielsen said that after handing over powers to the PNTL, UNPol will still continue backing the national police force. Mr. Reske-Nielsen said that currently, the UN SRSG had not recommended reducing the numbers of the UN Police. As such, the executive powers of policing in Timor-Leste were still being held by the PNTL.

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East Timor Ministry of Finance
Media Release
14 August 2008

In what can only be described as a victory for the people of Timor-Leste, the tribunal today ruled in favour of the AMP Government and the 2008 State General Mid Year Review Budget. The judgment confirmed the Government of Timor-Leste had exercised its competence and acted within its’ mandate in direct accordance with the constitution. The ruling came as a blow to the opposition party, Fretilin, who contested the budget in the courts after the budget had been passed by parliament and promulgated by the President, his Excellency Jose Ramos Horta on August 5, 2008.

The budget amendments included $185.6 million in economic development investment and general state services and $240 million for the Economic Stabilization fund, a preventative measure to combat global price fluctuations. The budget increases were part of the AMP Government plans to promote greater sustainable economic growth through increased spending in job creation, social services, agricultural initiatives, infrastructure, training and capacity building, health, and education, amongst other key expenditures including pensions for the elderly, disabled and infirmed.

Emilia Pires, The Minister of Finance pointed out “The beneficiaries of this mid- year budget are the citizens of Timor-Leste, who are depending on the Government to provide vital services. This year, we have made some substantial advancements cross sectors and certainly we can see the benefits of increased spending in our communities.

From cash for work programs to agricultural pilot projects to increase rice productivity; our nation is building the foundations for progress. We owe it to our people to invest in the nation, for short and long term results.”

Pires has worked tirelessly to implement mass reforms to Government financial operations. By decentralizing procurement to key line ministries, the Government has been able to improve delivery of services and dramatically increase budget execution rates.

Pires closed by saying “Today’s court decision confirms that we as a Government are upholding the principles and values of the constitution and the laws of Timor-Leste. We are pleased with the outcome and most importantly, encouraged that our working processes have been validated by the high court.”

ENDS

For more information please contact: Ms Ines Almeida, mobile: +670 723 0032.

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UNMIT Daily Media Review 15 August 2008

Illegal weapons handed over to PNTL in Viqueque – TVTL
The population of Viqueque District have voluntarily handed over their illegal weapons to the PNTL District Commander Justino Menezes. The weapons included bullets, ammunition, hand grenades and riffles. Mr Menezes said that such traditional weapons were voluntarily handed over by people in each sub-district of the Viqueque. It is planned that all collected weapons will be destroyed on the anniversary of the Popular Consultation Day celebrated on 30 August.

400 more IDP families return home – TVTL
More than four hundred IDP families of the Minor Seminary of Balide IDP Camp have returned to their communities. The Minister of Social Solidarity Domingas Alves said that the decision of the IDPs to return home has contributed to the country’s future development. Separately, Camp Manager Antoninho dos Santos said that they are happy with the reintegration program of the Government but are still concerned about the safety of the IDPs once they return to their communities.

Salvador Martins: ready to pay gambling tax – TVTL
Salvador Martins ‘Mauhoka’, a gambler in Dili, said that he would be ready to pay a gambling tax. Mauhoka, responsible for running the gambling game bola guling, said that he would agree to pay a gambling tax if a gambling law was passed in the country. He said that as a result of the Government clamp down on gambling, the 3000 people he employs will lose their jobs. Mauhoka is currently preparing a petition to ask the Government to reactivate gambling in Dili.

Weapons Collection Campaign ends – Timor Post and Diario Nacional
The Operational Commander of PNTL Mateus Fernandes said that during the weapon’s collection campaign, the public had voluntarily handed over traditional weapons to the operation team in every district. Separately, the State Secretary for the Council of Ministers Agio Pereira said that the Council of Ministers will have a congress with the Prime Minister to announce the result of this campaign and whether there is a possibility for extending the campaign.

Elections cancelled for Chefe Sucos, Chefe Aldeias and Conselho do Sucos - RTL, Timor Post and Suara Timor Lorosa’e
The President of CNE Faustino Cardoso said that the National Commission of Electoral (CNE) will not be holding elections this year for Chefe Sucos, Chefe Aldeias and Conselho do Sucos. Mr Cardoso said that the elections were being stalled by a lack of time, funding and preparation.

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A new article entitled "Commentary on the Draft Arms Law in Timor-Leste" has been published on the East Timor Law Journal.

Author: Sarah Parker LLB (Hons)

Citation: 2008 ETLJ 4

Extract: In addition to drawing attention to the issue of civilian possession of weapons, the aims of this article are fourfold. Specifically, they are to provide a balanced summary of the proposed law; to compare it with existing domestic arrangements; to provide analysis of the draft arms law in light of discussions and evolving international norms and practices in the area of possession of firearms by civilians; and to comment on the suitability or desirability of the proposed law in light of the political and security climate in Timor-Leste.

The unofficial English translation of the Draft Arms Law in also available on the East Timor Law Journal along with the original Tetum and Portuguese texts.

This article has been produced under the auspices of the Timor-Leste Armed Violence Assessment, a joint project undertaken by the Small Arms Survey, an independent research project located at the Graduate Institute of International Studies in Geneva, Switzerland, in collaboration with Austcare.

UNMIT Daily Media Review 14 August 2008

PNTL compelled to participate in dialogue - TVTL
The PNTL Commander will take measures against former PNTL officers who had sided with Alfredo during the 2006 crisis if they do not participate in a PNTL-led dialogue. The State Secretary of Security Francisco Guterres said this meeting was supposed to be held last week but was postponed as ten PNTL officers were absent. Mr Guterres confirmed that notification letters had been issued to the absentees and warned that action would be taken against them if they failed to participate.

PNTL cracks down on rice price fixing- RTL PNTL
commander Mateus Fernandes said yesterday that The Minister for Tourism had sent a notification letter last Tuesday to the Dili PNTL Commander regarding rice importers. The letter had asked the Dili District Commander to find a mechanism to investigate those companies, especially the Tropical Company, who were importing rice without licenses. Mr Fernandes said that these companies were also to be investigated for price fixing.

Australia asked to help reduce illegal fishing in Timor waters- RTL
The State Secretary for Defense Julio Tomas Pinto said yesterday that the Defense Department would inform the Council of Ministers of their request to the Australian maritime ships to control illegal fisheries on the Timor Sea. Mr Pinto said that the while the Australian Government was ready to support the maritime ships, they were awaiting authorization from the Timorese Goverment to do so. Mr Pinto said that such cooperation between Australian and Timor-Leste was very important to reducing the incidents of illegal fishing.

F-FDTL salary to be increased- Timor Post
The State Secretary for Defense Julio Tomas Pinto said that he would present the F-FDTL salary law to the Council of Ministers before being being sent for approval to the national parliament. Mr Pinto confirmed that each solider would receive a basic salary of $170 per month. Each solider would also receive an extra $40 for accommodation costs and $15 for transport costs.

Airport IDPs happy with recovery funds- Timor Post
The majority of airport IDPs are happy with the Government's recovery funds said IDPs Antonio Sarmento and Carlos Filipe. These former IDPs said that the money would go a long way to rebuilding their homes.

Process to buy 65 luxury cars should be transparent- Diario Nacional
CNRT Chief Eduardo Barreto announced yesterday that he has asked the Finance Minister to present the document to purchase the 65 luxury cars to the public. Mr Barreto said that it was important that the details of the purchases be clarified.

REPÚBLICA DEMOCRÁTICA DE TIMOR-LESTE
IV Constitutional Government
SECRETARIAT OF STATE FOR COUNCIL OF MINISTERS
PRESS RELEASE

Meeting of the Council of Ministers 13th of August 2008

The Council of Ministers met this Wednesday, 13th of August 2008, in the Council of Ministers meeting room, Government Palace, in Dili where it approved:

The Decree-Law that approves the value of the presence vouchers to be given to the Members of the National Elections Commission.

The diploma, approved by the Council of Ministers in today's meeting defines the amount of the daily subsidy to be paid to the members of the National Elections Commission (CNE), as a monetary aid while carrying out their official functions.

The members of the CNE have the right to their salary, and in accordance with the approved diploma, to a daily subsidy for each meeting and work session in which they participate. They are entitled to communication and transport subsidies. They are also entitled to food and housing subsidies whenever, for official reason, they travel away from their usual working place. They are also entitled to any other remuneration supplements, with a purpose other than the stated above, in an amount equivalent to 50 per cent to what the Members of National Parliament are entitled, in accordance to the applicable legislation.

Decree that changes the Government Decree n º 2/2007, 1 Agosto

After the Law n. 7/2007 25th July being approved by National Parliament, approving the Statute of the Heads of the Sovereign Bodies, the Government has regulated the expenditures, which should be read as “right to a house being allocated by the Government” and at the same time regulated that the situation of the members of Government that do not have a house allocated by the State.

However, the indexes which regulate those supplements were not defined, either regarding the payment of the house rents, either regarding the payment of the usual charges that come with rented houses, like power or water, this for the cases where the State cannot make a house available, so as to mitigate the different treatment. Which is a situation that the present diploma, that the Council of Ministers approved in today's meeting, rectifies.

The Resolution that approves for ratification the Convention to Aid in Penal Issues between the Member States of the Portuguese Speaking Countries.

The Council of Ministers approved today, the proposal for Timor-Leste to be a member of the Convention for Legal Aid in Penal Issues among the member States of the Portuguese Speaking Countries (CPLP).

This convention streamlines the penal processes for people involved in more than one CPLP country, through mutual aid. In includes the dissemination of information, of procedural and other public acts, as well as acts connected to the loss, apprehension or freezing, or the recovery of personal instruments, goods, objects or the proceeds of a crime and also ensuring the presence of people.

The Diploma, which was approved today by the Council of Ministers will now be sent to National Parliament.

Resolution that approves for ratification the Convention on Extradition between Member States of the Portuguese Speaking Countries.

The Council of Ministers has approved today, the proposal for Timor-Leste to sign the Extradition Convention among the Community of Portuguese-speaking Countries (CPLP) member states .

The Council of Ministers approved the Extradition Convention among the Community of Portuguese-speaking Countries (CPLP) member states. The accord obliges the CPLP countries to hand over people in their territories being sought by another state, so that the criminal procedures and the sentence can be carried out.

The diploma approved today by the Council of Ministers will now be sent to National Parliament.

Resolution that approves for ratification the Convention on the Transfer of Condemned People among the State Members of the Portuguese Speaking Countries

The Council of Ministers approved in today's meeting the proposal for Timor-leste to sign on the Convention on the Transfer of Condemned People among the Community of the Portuguese Speaking Countries .

This convention allows people that are deprived of their freedom, due to a judicial decision, to carry out their sentence in their own social and family environment. However, it will not be possible to change the content of the judicial decision.

The diploma approved today by the Council of Ministers will now be sent to National Parliament.

Resolution that approves for ratification an Instrument that creates an International Legal and Judiciary Cooperation Network for the Portuguese Speaking Countries

The Council of Ministers approved in today's meeting the proposal for Timor-Leste to create an International Legal and Judiciary Cooperation Network for the Portuguese Speaking Countries.
This instrument aims develop a network that streamlines the cooperation in the legal and judiciary sectors amongst the eight member countries of CPLP in the areas of civil, commercial and penal law, so as to intensify the colaboration of the institutions, the exchange and discussion of relevant information on international institutions.

The network will have a secretariat headed by a secretary general, elected by the ministers of Justice, within the scope of the Permanent Secretariat of of the Conference of the Ministers for Justice of the Portuguese Speaking Countries, and at the end of two years an assessment will be made.

The diploma approved today by the Council of Ministers will now be sent to National Parliament.
The Council of Ministers has also analysed:

Military Drafting

The Council of Ministers discussed also today the military drafting, having decided to send to National Parliament a draft law, with the aim to make some changes to the law on military service which is now in force, so as to include Voluntary Military Service.

http://www.mj.gov.tl/pt/index.php?p=113

Bem Vindo a Website do Ministério da Justiça

08/08/2008

Welcome to the new website of the Ministry of Justice

Dear readers,

Today, August 8, 2008, I would like to inform to the public of Timor-Leste about the launching of the official website of the Ministry of Justice. The objective of this website is to establish a means to bring updated information about the development of the Timorese Judicial sector.

The website is one of the results of a long work period involving the capacity building of national human resources, the installation of support infrastructures and the creation of the Legal Information Technology Unit - the UTIL. This work has been done since 2002 with the maximum support of UNDP’s Programme for Strengthening the Judicial System in Timor-Leste, which aims, among other results, introduce the Information Technology to the Timorese Judicial sector.

Over the past five years the team of UTIL has established a computer network for sharing software, Internet, Intranet and telephone extensions (using Voice over IP technology - VoIP) between the various institutions of the sector such as the Courts, Prosecutors, the Public Defender’s Office, the Prison System in Becora, among others.

Moreover, UTIL also developed computer’s software programs for supporting and management of daily activities, as for example:

i) CERTO – Case Management System for legal process, inquiries and control of recluses in the prison;

ii) the official website of the Jornal da Republica; and

iii) the official Web-mail of the Ministry of Justice.

In the next few months, the same services will be also available in other two locations: Baucau and Suai. Oecusse and Gleno will be ready in 2009, after the establishment of the Internet access in the region.

Through this work plan, the Ministry of Justice intends to deliver the service directly in the districts, improving equity of access to justice for all citizens.

The Ministry of Justice will devote great effort to deepen the development of the website, promising to use this space on the Internet to publish information that is updated, concise and relevant, aggregating synergy to the activities of the Judicial sector.

Finally, with the all the authority invested on me, I have the honor to declare the official launching of Ministry of Justice the website.

Dili, on August 8, 2008


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UNMIT Daily Media Review 13 August 2008

Prosecutor-General Longuinhos Monteiro: 11 suspects identified involving money break-in – Televizaun Timor-Leste and Radiio Timor-Leste

The Prosecutor-General Longuinhos Monteiro said that he has identified 11 suspects who were involved in illegally taking money from the National Police of Timor-Leste (PNTL).

“We went through the process of investigation and we have identified 11 suspects who involved in the theft,” said PG Monteiro. He said that 31 eye witnesses have been interviewed to provide information about the case.


Florindo: reduce the poverty, not distribute money. AMP: it’s the way – Diario Nacional

Fretilin’s MP Osorio Florindo said that some leaders want to reduce poverty by providing money, goods and rice; others want development. “When we conduct monitoring at the community level, they receive money and rice, this is not fair,” said MP Osorio. He asked the government to use a clear concept of development.

Separately, MP Domingos da Costa from ASDT said that he accepts the government’s plan and programs of providing money and rice as the majority people of the country are in the poverty.

Fretilin & KOTA preoccupied with the ESF – Televisaun Timor-Leste

As the opposition in the national parliament, Fretilin and KOTA preoccupied with the economic stabilization funds (ESF), the Director of Peace of Justice of Baucau Diocese Father Martinho Gusmão said that both the current government [AMP] and the opposition are the same as neither know about the legality of using the ESF.

“It is not a problem for me if the Court rules the ESF is unconstitutional. However, I believe that Mr Claudio [the president of the Court of Appeal] has capacity to make an effective decision,” said Fr. Gusmao. He also said that MPs in the National Parliament seemed to not stand for the people [they represent] but are only using their political interest to insult each other.

Lasama: former Minister of Finance of Pakistan discusses the ESF – Timor Post and Diario Nacional

President of the National Parliament Fernando Lasama welcomed the former Minister of Finance of Pakistan Dr. Hafiz Hamed Pasha to discuss and share ideas about the economy issues of the country, including the economic stabilization funds (ESF).

President Horta’s visit in Philippines: signing MOU – Radio Timor-Leste

President José Ramos-Horta on his visit to Philippines has signed a Memorandum of Understanding (MOU) of bilateral cooperation with the Government of Philippines on education, fisheries and diplomatic training.

Minister of Foreign Affairs Zacarias Albano said that the bilateral cooperation will also enable the Philippines’ government to support TL in aviation and will welcome TL students who want to continue their studies in the Philippines.

“Hafiz is an economist, he said that Timor-Leste has a good chance to improve and develop its future. About the ESF, I told him that the parliament authorized the government to execute the budget as needed,” said Lasama.

Regarding the demands of the opposition, Lasama said that the decision of the court should be made fairly, to not only cover legal aspects but also based on the reality of the country.

PNTL to stop illegal gambling in Dili – Suara Timor Lorosa’e

The Deputy Commander of PNTL Dili district Delfin da Silva stated that PNTL has started to stop any illegal gambling spread in Dili.

“We know that the big problems in Dili are coming from the illegal gambling, such cases may create conflicts against humanity,” said Inspector Delfin.

Salsinha’s case pended: awaiting ballistic exam – Suara Timor Lorosa’e
The Prosecutor-General Longuinhos Monteiro said that Salsinha’s case will be proceeding to the Court as the ballistic examination is finished.

Related to Alfredo’s mobile phone and lap top, the Prosecutor-General said that he does not have the laptop, mobile phones and the sim card is in Australia. Prosecutor Monteiro said that Alfredo’s Sim card was sent to Australia to find out some information which might no discovered in Timor Telecom.


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

CANBERRA 13 Aug 2008 01:59:30 GMT Source: Reuters - An autopsy of East Timor rebel leader Alfredo Reinado and a top lieutenant pointed to their execution, rather than being shot by security forces during a presidential assassination attempt, a report said on Wednesday. Read more...

The Australian 13/8/08 - QUESTIONS have been raised as to whether rebel leader Alfredo Reinado was lured down from the mountains of East Timor to be executed after it emerged he was shot dead at almost point-blank range inside the home of President Jose Ramos Horta. The Australian has obtained the autopsy reports for Reinado and fellow rebel Leopoldino Exposto, who died at Reinado's side. Exposto was shot once in the direct centre of the back of his head at ``close range'', typical of an execution-style killing. The skin around Reinado's four entry wounds -- to the eye, the neck, the chest and the hand -- all featured significant burning and blackening. Read more...

Police commands will take strong action to police officers who were with Reinado - AMP MPs urge Government to improve works of procurement - Government wants to kill us, says Timorese Human Rights Ombudsman - Government will eradicate defamation article in Penal Code, says Gusmao - Fretilin alleges Gusmao of making political pressure on court

Timor News Online

UNMIT Daily Media Review 12 August 2008

Guterres visits border- TVTL
State Secretary for Security Fransisco Guterres said yesterday that Prime Minister Gusmao had authorized him to visit the border to observe the conditions of the PNTL Immigration Team and the training they were receiving. Mr Guterres said that the objective of the visit was to assess the many problems faced by the team over the past year, including a lack of facilities, so as to assist with improving their conditions. Mr Guterres added that the PNTL Commander was looking for a mechanism to hold a dialogue with the PNTL members who had joined Alfredo's group.

PNTL to stop illegal gambling- TVTL
PNTL Commander Pedro Belo said yesterday that the PNTL will begin an operation to stop illegal gambling groups from next Tuesday. Mr Belo appealed to the public, particularly Dili residents, to stop all forms of illegal gambling, including Kuru-kuru, SDSB, and Bola gulling. He warned that under law 303, the PNTL were authorized to arrest any person caught gambling the illegal games and that sentences could be as long as 10 years. Mr Belo added that the operation to stop the illegal gambling would start in the areas of Komoro, Becora, Bebora and Merkado Lama.

Sentence for Myanmar prisoners reduced- RTL
The PNTL Director of the Immigration Team Jose da Costa said yesterday stated that the tribunal had decided to reduce the preventive sentence for two Myanmar citizens for a month as the prisoners were facing economic problems. He did warn however that the prisoners had to present themselves at the immigration office in two weeks time.

Fretilin accuses PM of threatening Court of Appeals- Suara Timor Lorosae and Timor Post Fretilin President Francisco "Lu-olo" Guterres said that Fretilin has demanded that the Prime Minister stop his attempts to manipulate the judicial process regarding the pending case of the Economic Stabilization Funds (ESF). Fretilin has accused the Government of making political threats against the Court to force a decision in favour of the Government. Fretilin warned that the Government should expect demonstrations should the Court decide that the use of the ESF was constitutional.


Discover enigmatic East Timor online with East Timor Directory

UNMIT Daily Media Review 11 August 2008

Baucau hands over bullets - RTL
The Police Commander of Baucau PNTL Armindo Faria confirmed that the community of Kaisa Klandestina in Larigua Suco Buibau, Baucau had handed over more then 600 bullets including SKS bullets, Maujer bullets, and F-16 bullets to PNTL, UNPol, F-FDTL and ISF last Saturday. According to Mr Faria, the bullets were part of the weaponry used during the struggle for independence.

Media shouldn’t be afraid to criticize government - Diario Nacional, Timor Post
On the first anniversary of the AMP Government, the Prime Minister has told journalists that they shouldn’t be afraid to criticize the Government. The PM said that he believed criticisms would strengthen the Government. He did ask however that journalists also act responsibility and impartially when criticizing the Government.

Fretilin asks for investigation into promulgation fiasco - Diario Nacional, Timor Post
Fretilin has asked for an investigation into the events surrounding the promulgation of the budget. Accordign to Fretilin, President Ramos-Horta had issued strict instructions to his office to not publish the rectifying budget before the results of the Tribunal examining the constitutionality of the budget was revealed. Fretilin have said that while they believe that the President did not intend to promulgate the budget, they do believe a member of his cabinet was responsible for publishing it against the President’s wishes.

UNMIT congratulates PM on success of AMP Gov - Timor Post
The Special Representative of the Secretary-General Atul Khare has congratulated the AMP government on its first anniversary of taking office. The SRSG said that on behalf of the UN Mission, he hoped the Government would continue to perform well for the next five years.

Judgment on suspects postponed - Timor Post
Prosecutor Felismino Cardoso has presented a list of 12 new suspects for the 23 May cases alleged to have been involved in attacking F-FDTL members in Fatuhai. Mr Cardoso has asked the tribunal to postpone their cases until 16 October as the General Prosecutor’s office hasn’t finished the investigations.


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REPUBLICA DEMOCRATICA DE TIMOR LESTE
PROVEDOR DOS DIREITOS HUMANOS E JUSTIÇA
Estrada de Caicoli Dili, Timor Leste
No.Tlf: + 670 3331030, 3331070, 3331071
No. Ref PDHJ/DH/I/08

To : H.E. Vicente Guterres, Interim President of Parliament
: H.E. Fernando Lasama de Araújo, Interim President of the Republic
: H.E. Kay Rala Xanana Gusmão, Prime Minister
: Mr. Afonso de Jesus, Interim Commander General of the PNTL
: Mr. Taur Matan Ruak, Brigadier-General F-FDTL
: Dr. Julio Thomas Pinto, Secretary of State for Defense.
: Dr. Francisco da Costa Guterres, Secretary of State for Security

Copied to : H.E. Athul Khare, SRSG
: Mr. James Baker, Australian Defence Force Commander in East Timor.
: Mr. Rodolfo TOR, UNPOL Commissioner
: Ms. Fernanda Borges, President Commission A

Regarding : Report

With Respect

Based on article 27 of the Constitution of Democratic Republic of Timor Leste, the Ombudsman for Human Rights and Justice is an independent organ charged with scrutinizing, examining, and seeking to settle complaints against public bodies, and certifying the conformity of acts with the law and preventing and initiating the entire process to remedy justice.

The statute of the Ombudsman for human rights and justice, law number 7/2004, provides through article 33(1) that the Ombudsman shall maintain close liaison with similar institutions, bodies or authorities within Timor-Leste in order to foster common policies and practices, and to promote cooperation.

As reflected above, the authority of PDHJ is to examine the action of public authorities not of individuals. If individuals act against each other these actions may be classed as crimes, not as human rights violations. In addition, article 24, of the Statute, referring to the role of the Ombudsman in monitoring and providing advice states he has the role to: (a) oversee the functioning of public authorities, notably the Government, its agencies and private entities fulfilling public functions and services and may conduct inquiries into systematic or widespread violations of human rights, maladministration or corruption; (b) submit to the Government, the National Parliament or any other competent body, on an advisory basis, opinions, recommendations, proposals and reports on any matters concerning the promotion and protection of human rights and good governance.

Based on the above authority and duty, the Human Rights Division of the Ombudsman for Human Rights and Justice conducted monitoring from 12 February 2008 until today regarding the general situation, and particularly monitoring Caicoli police cells and areas in which the security forces have conducted security operations.

The following work has been undertaken:
- monitoring the security situation particularly in Dili
- monitoring detention at the Caicoli station in Dili
- Publicizing the role of the Ombudsman in receiving complaints from the public relating to the State of Siege pursuant to the Regulation of the State of Siege and State of Emergency, article 7
- Access to the courts and to the Ombudsman for Human Rights and Justice
- PDHJ received fifteen complaints made in relation to the State of Siege between 12 February and 11 March 2008.
- monitoring the economic situation during the State of Siege particularly for those people who work at night.

Results of the Monitoring of Detention

During the period in which PDHJ conducted monitoring of the cells in Caicoli Dili, commencing on 12 February until March 2008, it can be seen that there were many people who came into conflict with the law, were arrested by the police during operations and taken to be detained in the cells at Caicoli in Dili. The monitoring team from PDHJ conducted one on one interviews with a total of 72 people who were detained including 6 (six) women and 13 (thirteen) children including one female child.

The suspension of the right of movement

According to the information obtained by the monitoring team from their work at the detention center at Caicoli, the authorities arrested people because they were moving around outside the hours determined by the State of Siege law. During the operations of the joint PNTL and FDTL force (‘konjunta’) many people were arrested for walking around after hours and taken to be detained at the police cells in Caicoli Dili.

These detentions were based on the law of the State of Siege which suspended the right of people to move around between the hours of 8 (eight) pm until 6 (six) am. After the State of Siege was extended, the PDHJ monitoring team continued to monitor places of detention, in general but focused on the cells at Caicoli in Dili. From the monitoring of people who had been arrested because of walking around after hours one case was identified in which people were returning home from hospital during the evening. According to the statistics of the police, from 12 February to 29 February, a total of 79 people were arrested and placed in detention for moving around after the prescribed time. PDHJ conducted interviews with 44 of these 79 people.
When analysing this chart it can be seen that approximatley 35% of the people detained by the police were detained becasue they were moving around after the prescribed hours.

People who were caught by the authorities moving around after the prescribed hours were generally detained for 12 (twelve) hours, but were not taken by the police to the court for the first hearing. Because of this there was not an opportunity for the court to determine whether there is a crime of moving around after the hours prescribed by the State of Siege law and if so what punishment can be attributed to it. There was also no opportunity for the judge to adjudicate whether the arrest was carried out in accordance with the law or not, or if there was any mistreatment by the authorities during the arrest process.

Allegations of ill treatment From the results of the interviews conducted by PDHJ with the 72 (seventy two) detainees, 28 (twenty eight) alleged that they had been ill treated by the police, such as being hit or kicked. The people who alleged this ill treatment included one woman and 6 male children. When analysing this chart it can be seen that approximately 40% of those detained alleged that at the time of arrest they had suffered ill-treatment by the police.

From the allegations of ill treatment PDHJ is unable to undertake an in-depth process to confirm what occurred in 27 of those cases because those who made the allegations did not authorise PDHJ to conduct such investigations into the allegations. It is noted that one of those persons did lodge a formal complaint with PDHJ. Although the allegations of ill treatment have not been proven, the police must respect the rights of detainees. Such protection from ill treatment is guaranteed by article 30 Constitution of RDTL (Right to personal freedom, security and integrity), paragraph 4: no one shall be subjected to ill treatment, inhumane or degrading treatment.

It is also recommended that police must review their actions during arrest.
From the interviews PDHJ conducted with the 72 (seventy two) detainees, there were no allegations of ill treatment toward the detainees once they were within the police cells.

Security forces conduct arrests without arrest warrants

Through the monitoring of PDHJ during the State of Siege it was identified that the police conducted arrests without warrants, three specific cases were identified by the PDHJ. These three people were suspects and were arrested in their homes at night and taken to detention in the cells at Caicoli Dili. The action of the police arresting these people was not correct as the legal process establishes that the police must use an arrest warrant.

The legal process requires that in general when the case does not concern a crime involving flagrante delicto, a warrant from a judge must be used to authorize the detention.[1] This is also provided for in the Constitution of RDTL Article 30 (Every Person has the right to personal freedom, security and integrity), paragraph 2: that no one shall be arrested or detained, except under the terms clearly provided for by applicable law, and the order of arrest or detention should always be presented for consideration by the competent judge within the legal timeframe.
The Process of Preliminary Investigation PDHJ conducted monitoring of detention and met with detainees to conduct personal interviews with them. Two of those detainees who were interviewed stated that when they entered detention they were taken for interrogation by the police, rather than being taken before a judge to carry out the first interrogation. According to the legal process which is written in the Penal Procedure Code article 60, the Rights of the Defendant, paragraph a: when under arrest, the defendant has the right to be presented to the judge for the first questioning within seventy two hours from the arrest. And also article 63,
Persons to conduct and attend the first questioning of the defendant under arrest, paragraph 2: The judge has exclusive competence to conduct the first questioning after the defendant has been arrested, this questioning aims, above all, to apply the adversarial principle in relation to the prerequisites for the arrest and the conditions for the execution of the arrest.

The results of the monitoring of political rights

Law number 3/2008 establishing the regime of the State of Siege and State of Emergency, as well as government resolution 3/2008, prescribes that political rights are not curtailed. According to article 2 of the law establishing the regime of the State of Siege guarantees citizens the right to life, physical integrity, civil capacity and citizenship, the right to a defence in criminal matters, freedom of religion and from torture.

However, according to article 4 (4) of law number 4/2008 which is the authorisation of the President of the Republic to renew the declaration of a State of Siege, the right to assemble and demonstrate is suspended. According to the monitoring of PDHJ regarding the implementation of the State of Siege, until now there have not been any arrests by the police in relation to people holding meetings or demonstrations. Until now there has not been a significant impact for citizens on the rights mentioned above. The impact could be greater in relation to politicians attempting to implement their rights, but it was noted from the PDHJ monitoring that the majority of members of the National Parliament agreed to suspend the right to assemble and demonstrate.

According to the analysis of PDHJ, the limitation on the right to assemble means that public meetings cannot be held (political campaigns, press conferences of political nature, or meetings aimed at damaging the State), but meeting which are held in private can not be impeded by the state (such as family meeting, work meetings, or family parties and alike).

PDHJ also agrees if the State of Siege is downgraded to a State of Emergency. According to the monitoring of PDHJ it can be seen that the state has already controlled the situation in the country, and there are no longer reasons to warrant the continuation of a State of Siege. According to article 25 of the Constitution of RDTL a State of Siege can only be declared in cases where there is act of aggression or threat of aggression from other countries to invade or a serious disturbance or threat of disturbance to the democratic constitutional order. Also the law number 3/2008, article 1, re-enforces that a State of Siege can only be declared when there is a threat from a foreign force, or a serious disturbance or threat of disturbance to the constitutional order.

The results of the monitoring of economic and social activities

The objective of this monitoring was to investigate the economic and social impact of the State of Siege, particularly toward those who usually undertake activities at night. PDHJ conducted interviews with many affected people over a two day period at places around Dili including people who work in restaurants and restaurant owners, fish sellers and fishermen, people who sell vegetables, and sellers of produce in the markets. PDHJ selected the groups mentioned above because these people are required to work at night. The interviews were conducted to try to ascertain if the State of Siege had any negative or positive influences on their work or the economic situation in their households.

Based on the results of the monitoring by PDHJ through interviews with those identified groups of people, it was concluded that the State of Siege had a significant negative impact on the income of sellers and fishermen which in turn had also impacted on the economic position of their households. It was stated by an interviewee that “the state of siege can have a positive impact in controlling crime, but it should not limit all of us who do have not committed any crime, who are just trying to make a living”.

Those who worked in restaurants observed that after the start of the State of Siege, their working hours changed, previously they may have worked until 23:30 at night, but now with the State of Siege they worked only until 10:00pm. Overall the hours worked by those interviewed were reduced and therefore their salary was also reduced. There were people, from the point of view of restaurant owners and staff, who commented that they felt the situation improved once the prescribed hours changed from 8:00 until 10:00 pm.

The PDHJ monitoring team conducted interviews with people who sold fish and during these interviews these people stated that their income has also been affected because people could not come to buy fish late at night. In addition the fishermen were unable to fish at night to catch fresh fish and the consumers did not want to buy fish which is not fresh. During this time most of the fish sold had to come from outside Dili. The fishermen themselves also stated that during the State of Siege their catch was reduced because at night they are unable to fish. They also stated that sometimes when they slept beside the sea to wait for the sea to be right to fish, the police order them to return to their homes.

Similarly, some people who sell produce in the markets have felt a negative impact, for example those who buy their vegetables in the mountains and come to Dili to sell them. These sellers usually buy their vegetables in the afternoon and then come back to Dili in the early hours of the morning to sell them in the capital.

However, during the State of Siege these activities were greatly affected, because only after the sun has risen can the sellers come to Dili, and then when they arrive to Dili their vegetables are no longer fresh and many of them are not worth their full value. Socio-cultural impactAnother issue which the PDHJ monitoring team received information from the community was that during the State of Siege there was a negative impact on socio-cultural activities such as when a person died, family members were unable to attend associated rituals.

These are the results of the monitoring of the PDHJ during the State of Siege to date and thank you for your consideration of this report.

Dili, 19 March 2008

Dr. Sebastião Dias Ximenes
Provedor


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2008-08-11 Beijing, China, 11 Aug - The Chinese government has scrapped import duties on products imported from East Timor, President José Ramos Horta said Thursday after a meeting with Chinese counterpart Hu Jintao.

In comments to the Lusa news agency, Ramos Horta said Timor will buy two coastguard patrol boats from China valued at a total US$ 25 million to police the new nation’s exclusive economic zone.

Coffee continues to be Timor’s main export to China, but Ramos Horta expressed confidence that future bilateral trade will widen to include fisheries and food products.

He also said the Chinese patrol boats would join another two vessels provided by Portugal to provide surveillance in Timor’s territorial waters. (macauhub)

ABC Radio Australia 11 August 2008 Exactly six months ago today a group of armed rebels attacked and shot East Timor's President Jose Ramos Horta. But the Timorese who prayed for the President's recovery are no closer to knowing what happened and there are fears they never will. Six months has now past, a detailed UN report into the shooting is complete but unreleased, and the criminal investigation by the prosecutor general has run overtime and is being seriously questioned. Learn more...

FRENTE REVOLUCIONÁRIA DO TIMOR-LESTE INDEPENDENTE
FRETILIN
Media release 10 August 2008

FRETILIN requests President Ramos-Horta to initiate investigation into unintended publication of rectifying budget

The President of Timor-Leste's largest and historic party FRETILIN, Francisco Guterres "Lu Olo" today called upon President Dr. José Ramos-Horta to order an investigation into why the Revised Budget Law (also known as the rectifying budget) was sent by his office to the parliament, and then subsequently published in the official gazette, thereby bringing it into law, against the President's declared intentions.

A Public Communique issued from the President's Office on the 6th ofAugust 2008, when the President was already overseas stated, that prior to his departure the President delivered a speech to the nation, in which he informed the nation that he would await the decision ofthe Court of Appeal regarding a request for a ruling as to the constitutionality of the rectifying budget, before making a decisionon whether or not to promulgate it.

The Communique added that: "The President of the Republic left very clear instructions to his office to send the rectifying budget for publication only if the decision of the Court of Appeal declared that the law was in conformity with all the requirements of the constitution."

Lu Olo said, "The President's own words, televised to the nation on the 5th of August 2008, and confirmed by the President's Office Communique on the 6th of August, the following day, were that he left clear instructions that the rectifying budget was not to be sent for publication with the official gazette.

"It was clear that this is what he had in mind when he spoke to the people. We do not believe for one moment the President would have spoken those words whilst intending to do the exact opposite. Despitethis manifest intent, others in his office took actions contrary to his clear instructions and sent it on for official publication.

According to Lu Olo this is a very serious situation for FRETILIN, forthe nation's democratic institutions and the Timorese people. He added that FRETILIN did not blame the President, because it believed he left clear and explicit instructions with his office before leaving on his overseas trip.

"However, we do not have confidence in others who work in the Office of the President of the Republic. We have grave reservations about their loyalty to the President and their political impartiality to be working in such a high office," Lu Olo said.

"We are very lucky that these suspect actions are such that may be fixed with the good will and cooperation of other institutions of our state. But we have to ask, what if it involved something more serious, something that could not be so easily reversed or rectified, such as a declaration of stage of siege or a declaration to dissolve parliament? Then what? The President had done all he could to ensure his intent was clear and that his actions would not impact negatively upon the nation, but even this could not safeguard a serious error from occurring."

"We cannot simply leave this matter as it is. It is important for us that state institutions know the truth of what actually happened. We have to know clearly whether this was the result of human error or whether there was some more deliberate act or omission to pervert the expressed will and intent of the President, to usurp his duties and powers. An in depth investigation must occur into this matter and FRETILIN give its full support to the President in initiating an appropriate legal investigation," Lu Olo added.

Lu Olo also emphasized that "this was not just a matter of an administrative issue in the President's Office, but a matter of grea timportance to the government, the parliament, political parties andthe people who need to have confidence that the highest office in the land is functioning legally and constitutionally, not to mention with administrative efficiency, whoever the President is or will be."

For more information, please contact Jose Teixeira: +61 438 114 960(Australia), +670 728 7080 (Dili, Timor-Leste)


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UNMIT recommends following up CVA’s report findings - UN police needs to train Timorese police officers, says Police Acting Commander - Court decision will not influence economic stabilization funds, says PSD MP - Council of ministers analyses pipeline building - Fretilin welcomes President Horta’s to await outcome of opposition parties’ request for judicial review of 2008 revised budget - Horta’s address to nation is falsehood, says Fretilin MP

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UNMIT Daily Media Review 08 August 2008


PNTL to work for peace and stability- RTL
PNTL Interim Commander Afonso de Jesus said the role of the PNTL was to maintain law and law and to cooperate with community members in order to develop the nation. Mr de Jesus added that both the PNTL and F-FDTL should have unity to guarantee peace and stability.

Buried corpses remain hidden- RTL

The Australian and Argentinian Foreign Seek Team have excavated some sites in Tibar believed to hold corpses of massacre victims. The team, composed of members from Victoria University, Argentina and CFDT, have been assisting the families of victims of the 1991 Santa Cruz mascara. The families had long believed that a number of the people who had died in the massacre were buried in Tibar. No evidence of the murdered victims were found.

UNPol will not reduce strength- Suara Timor Lorosae

UNMIT Spokesperson Alison Cooper said yesterday during a press conference that the UN mission in Timor-Leste was not planning to reduce the size of the UN Police over the next six months. Ms Cooper added that this was a decision made by the UN Security Council in New York.

PNTL reformed on Timor-style model- Suara Timor Lorosae

The State Secretary for Security said that the PNTL will be reformed on a model appropriate for the Timor context. He suggested that the model would be one that would instill a strong sense of community in the PTNL, emphasizing a discipline for PNTL members and respect and cooperation with the community.

Fernando Gusmão: the government may execute the Economic Stabilization Fund- Diario Nacional

PSD MP Fernando Dias Gusmão said yesterday that whilst the opposition parties of Fretilin, AD and PUN consider the Economic Stabilization Fund(ESF) as an illegal budget, the Government has a legal base to execute it given that it has already been promulgated by the President of the Republic.

According to Mr Gusmao, the petition of illegality presented by the opposition parties to the Courts of Appeal was about the decree law of the establishment of the ESF, not the rectifying budget. As such, even if the Court of Appeals recognized the ESF as unconstitutional, it will not implicate the rectifying budget approved by the Parliament as the Parliament has the competence to approve any draft budget.


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UN News Centre

Timor-Leste: UN mission welcomes truth panel’s findings on rights abuses
7 August 2008 – The United Nations peacekeeping mission in Timor-Leste today welcomed a recent report on human rights abuses that took place during the country’s bloody struggle for independence in 1999.

The mission, known as UNMIT, also urged the Governments of Timor-Leste and Indonesia to follow up on the recommendations in the report put out last month by the Commission of Truth and Friendship (CTF), established by the two countries in 2005.

“But a Truth and Friendship Commission is only one mechanism for addressing past atrocities,” UNMIT spokesperson Allison Cooper told reporters today in Dili.

She expressed the UN’s support of the Serious Crime Unit (SCU) and the Prosecutor-General’s efforts, as well as steps taken to address crimes committed in the past.

In the popular consultation held in August 1999, virtually the entire electorate voted overwhelmingly for a transition towards independence.

Following the announcement of the result, pro-integration militias, at times with the support of elements of the Indonesian security forces, launched a campaign of violence, looting and arson throughout the entire territory.

Despite their obligations, the Indonesian authorities did not effectively respond, and many East Timorese were killed – including nine local UN personnel – and up to half a million displaced from their homes.

The Organization boycotted the Commission since its terms of reference into the 1999 violence did not preclude it from recommending amnesty for gross abuses.

Last month, Secretary-General Ban Ki-moon voiced hope that the CTF report “will be the first step towards achieving justice and reconciliation,” and encouraged both Governments to take concrete steps to ensure full accountability, to end impunity and to provide reparations to victims, adding that the UN stands ready to extend its technical assistance in that regard.

http://www.un.org/apps/news/story.asp?NewsID=27626&Cr=timor&Cr1 =


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Autoridade Bankaria & Pagamentu Timor-Leste nian (ABP)

Banking and Pyments Authority of Timor-Leste

Petroleum Fund Quarterly Report

Quarter ended 30 June 2008

PRESS RELEASE


The Banking & Payments Authority (BPA) today released the twelfth Quarterly Report of the Petroleum Fund of Timor-Leste showing that the Capital of the fund as of 30 June 2008 was $3,203.07 million compared to $2,629.96 million at the end of March 2008.

The report shows that the gross cash inflows during the quarter were US$598.81 million, consisting of taxpayer contributions to the Fund of US$ 246.35 million and royalty contributions from the TSDA of US$ 352.46 million.

The investment income of the Fund was $26.59 million during the quarter, while the change in the market securities valuation was negative $52.03 million. This resulted in a portfolio return of the Fund for the quarter of -1.00 %, while the benchmark return for the period was -1.02 %. The portfolio return for the quarter was therefore 2 basis points above the benchmark return and within the mandated target of±25 basis points.

An amount of US$ 260 thousand was deducted from the Fund during the quarter for management fees.

The Petroleum Fund law specifies that the BPA, as the future central bank of Timor-Leste, is the agent responsible for the operational management of the Fund. The Ministry of Finance is responsible for setting the overall investment strategy for the Fund. The mandate given to the BPA is to manage the fund closely to the Merrill Lynch 0-5 years US Government Bond Index. The BPA has managed the portfolio close to the benchmark over the first 12th quarters. The difference in return between the portfolio and the benchmark since the inception of the fund in 2005 is -3 basis points within the target of ±25 basis points.

Highlights of the XII Quarterly Report, which covers the period from 1 April to 30 June 2008, include:

• The Opening Balance was $2,629.96 million.
• Gross receipts during the quarter were $598.81 million which consisted of taxpayer receipts of $246.35 million and royalty receipts of $352.46 million whereof the cash outflows was 260.69 thousands for the management fees. The net cash inflow was US$ 598.55 million.
• The portfolio return was -1.00% for the quarter while the benchmark return was -1.02% which means that the Fund’s income is higher than the benchmark index. .
• Investment income during the quarter was -$25.44 million consisting of interest income was $26.59 million and market revaluations of -$52.03 million.
• The closing balance was $3,203.07 million.

The nature of the Petroleum Fund investment mandate is such that there will be quarters in which short-term market variations will produce a negative result, and the June quarter was one of these. This is an expected outcome of a Fund which invests for the long term but reports quarterly. The poor result in the June quarter is outweighed by excellent results in other quarters, such as the first quarter this year, when a very large positive result was recorded ($64 million net income whereas $44 million securities market valuation). Over time, the positive results will outweigh the occasional negative result.

During the quarter, the project to engage a global custodian was concluded with the appointment of JPMorgan in late May 2008 as the Fund’s global custodian. This appointment is a necessary step to support the intention of the Government to diversify Petroleum Fund assets for a higher yield and to reduce the exposure of the Fund to a single asset class.

The Executive Director of the Petroleum Fund Department of the BPA continued to participate in a Working Group established by the Minister of Finance to review the optimal strategic asset allocation within the limits of the Petroleum Fund Law and to suggest appropriate changes in investment rules and qualifying instruments in the Petroleum Fund Act and correspondingly in the Management Agreement between the BPA and The Ministry of Finance..

Following inconclusive contract negotiations with the International Bank for Reconstruction & Development (IBRD-referred as the World Bank) as a non-commercial external manager, a decision was made to cease the negotiation process in June.

Contract negotiations with the Bank for International Settlements as a non-commercial external manager are continuing.

The quarterly report, as well as the Petroleum Fund law and Management Agreement, is available from the Banking & Payment Authority’s website www.bancocentral.tl .

Further information may be obtained from:

Venancio Alves Maria
Executive Director
Petroleum Fund Management,
Banking & Payments Authority of Timor-Leste
Email: venancio.maria@bancocentral.tl
Telephone: (670) 3313718
Dili, 8 August 2008

--

http://www.bancocentral.tl/Download/Publications/Quarterly_report12_en.pdf

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UN New Service 8 August 2008 – The United Nations and Timor-Leste’s Government have embarked on a five-year programme to reduce poverty, consolidate democracy and provide basic social services for the people of the nation which the UN helped shepherd to independence in 2002.

The UN Development Assistance Framework (UNDAF) for 2009-2013, signed by the Government and the UN in Dili today, will guide the support provided by the UN Country Team towards further peace and stability in the country and includes programmes worth some $314 million.

“Timor-Leste is moving towards a consolidated peace and stability. The UNDAF is the road map that will guide our direction over the next five years,” said Finn Reske-Nielsen, the UN’s Resident and Humanitarian Coordinator in Timor-Leste.

“It shows that Timor-Leste is moving into a more stable phase that enables it to address the need for strong, efficient and effective institutions and improve the lives of its citizens throughout the country,” added Mr. Reske-Nielsen, who is also the deputy head of the UN peacekeeping mission there, known as UNMIT.

In a recent report to the Security Council, Secretary-General Ban Ki-moon noted that “despite the best efforts of the Government and its partners, Timor-Leste has not experienced significant progress in poverty alleviation or in the achievement of the Millennium Development Goals” – the set of anti-poverty targets world leaders pledged to achieve by 2015 – since gaining independence in 2002.

The UNDAF programmes will pay particular attention to poverty reduction, especially among vulnerable groups such as youth, women, internally displaced persons (IDPs) and disaster-prone communities.

They will also focus on strengthening State institutions such as the courts, Government ministries and local administration. In addition, the UNDAF includes programmes to promote education, health, nutrition, water and sanitation, social welfare and social protection.

“At the end of the five years, we would expect that the courts and Government institutions are stronger and trusted. We would also expect to see more and better schools, health facilities, infrastructure and social protection,” Mr. Reske-Nielsen stated.

Post sponsored by East Timor Women - Raising awareness of the plight of women in Timor-Leste.

JSMP Press release

Oecusse District Court

A judge at the Oecusse District Court has been permanently residing in Oecusse since July 2008. However, he still occupies a room at the courthouse because furniture has not yet been made available, which hopefully will be provided at the start of August. Members of the Prosecution Unit and Public Defenders Office still travel between Dili and Oecusse because no accommodation is available. In July a public defender was unable to travel to Oecusse. To date, prosecutors, public defenders and judges have stayed in several rooms at the Oecusse District Courthouse. JSMP confirmed that a tender has been organized for the rehabilitation of the Prosecution Office as well as accommodation for a prosecutor and the rehabilitation will be completed by the start of August. The building that is going to be rehabilitated and provided to the Prosecutor is currently being occupied by a local. The person insists that he will not vacate the premises and is demanding compensation.

JSMP confirmed with Antonio Elu, Chief of the Public Defenders Administration Section for Oecusse District, that several issues including transport have prevented a public defender from traveling to Oecusse. To date, public defenders have always had to catch a lift with prosecutors or judges from Dili to Oecusse, as per diems are insufficient and also due to the lack of accommodation and an office. He stated that funding has been allocated for the reconstruction of the Public Defenders Office but no information is available about when the rehabilitation will start. When he was asked about the accommodation for Public Administration the chief of administration said that the public defender will temporarily occupy the office and then will move into a house once it has been rehabilitated.

When JSMP contacted a court clerk from the Oecusse District Court he said that it is difficult for defendants to access legal aid from public defenders because there is no consultation between lawyer and client. Therefore the administration section of the court often contacted private lawyers from Fundasaun Fatu Sinai Oecusse (FFSO) to provide representation to defendants free of charge. This has been carried out to make it easier for defendants to organize consultations with legal representatives, and to enable smooth communication between lawyers and clients (in the Baiqueno language). According to the schedule established during the middle of July 2008 the Oecusse District Court was supposed to examine 9 cases of light maltreatment, however only five cases were examined. The other four cases had to be postponed due to the non-attendance of defendants, victims or witnesses. At the start of July the Oecusse District Court also attempted to resolve six civil cases through reconciliation, which included breach of contract and debt recovery, however the respondents did not respond to the summons (notification) issued by the court even though they were contacted by lawyers.

JSMP is also very concerned with the circumstances of the victims, defendants and witnesses who were summoned by the court. JSMP observed that some of the victims, defendants and witnesses did not have the economic capacity to comply with the summons issued by the court, namely to pay the costs of transport and food. We recommend to the Court, the Prosecution Unit and the Public Defenders Office to provide funds to ensure that the judicial process will be more effective in the future.

JSMP is very concerned about the lack of clarity about when the office and accommodation for the public defender are going to be rehabilitated. We recommend for the Ministry of Justice to immediately carry out the rehabilitation to respond to existing problems. We are also concerned that an individual is occupying the house that is going to be rehabilitated to accommodate a prosecutor. We recommend for this issue to be resolved amicably. JSMP supports the efforts of private lawyers from FFSO who are providing legal representation to defendants because of advantages in terms of communication and consultation.

JSMP is also concerned with the lack of transport for PNTL in Oecusse to deliver summons to defendants, witnesses and victims who live in remote areas. We recommend for short term solutions such as the provision of transport from international police and long term solutions such as the need for the government to issue a policy (Secretary of State for Security) to provide adequate and ongoing transport. JSMP contacted the PNTL Commander of the Investigations Unit, Bernardo Freitas, who stated that the main problem encountered is transport, and this makes it extremely difficult to deliver summons. The Investigations Section of the PNTL only has one vehicle and one motorcycle, however they both currently need to be repaired.

For further information please contact: Casimiro dos Santos Acting Director of JSMP
Email: casmiro@jsmp.minihub.org Landline: 3323883

The Portugal News Online 9/8/2008

Internal Administration Minister Rui Pereira has reaffirmed Portugal’s readiness to continue aiding East Timor with security regardless of whether the United Nations extends its mission to Dili next year. Read more on The Portugal News Online

It's been six months since East Timor's leadership came under attack by armed rebels and since then, the credibility of the country's security, especially the local police force, has been under question.

The UN has a 15-hundred strong police presence in East Timor responsible for maintaining security and reforming the national police. Now UN chief Ban Ki Moon has released a report card on the UN Mission's last six months. Read more...



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MINISTRY OF SOCIAL SOLIDARITY
PRESS RELEASE
6 August 2008
903 IDP families from Airport camp start to return home

Commencing today, as part of the government’s Hamutuk Hari’i Futuru national recovery strategy, 903 families from the Airport IDP camp will be assisted to return to their homes.

The Minister of Social Solidarity, Maria Domingas Fernandes Alves, thanked the IDPs for their decision to return home. The Minister told the IDPs “We want to help you achieve your rights and to return home in dignity. We hope that the security provided by the government will ensure ongoing stability in your areas of return.” The Minister encouraged the returning IDPs to contribute to their own security by trying to re-create good relationships with their receiving communities.

The Secretary of State for Social Assistance and Natural Disasters, Jacinto Rigoberto Gomes, thanked the IDPs for their participation and contribution to the return process. He explained that because the Airport camp is a large camp, it would probably take a couple of weeks to complete the movement. The Secretary of State said, “The Ministry of Social Solidarity’s door will continue to be open to you. I ask for your contribution to the nation’s stability, so that you can continue to live peacefully in your neighbourhoods in the future.”

The Camp Manager of the Airport camp, Carlito da Silva, thanked the Ministry of Social Solidarity for helping the IDPs to reintegrate into their communities. He told the camp residents “When you listen to the government, they will also listen to you”. One of the residents of the camp, Jaime Soares da Costa, asked the government and international agencies to assist with installing community infrastructure in some of the areas of return. He pointed out that in some neighbourhoods of Dili there is a shortage of water and community toilets.

The Minister of Social Solidarity, Maria Domingas Fernandes Alves, thanked the Camp Managers for their work in the camp over the past two years. She also thanked IOM, which provided Airport camp with humanitarian assistance, and UNICEF for their water and sanitation support to the camp over the past two years. The Secretary of State for Social Assistance and Natural Disasters, Jacinto Rigoberto Gomes, 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.

With the return of the IDPs from Airport camp a total of more than 4500 IDP families will have received a recovery package or a reintegration package under the Hamutuk Hari’i Futuru National Recovery Strategy. A total of 20 camps have been closed: Jardim Borja da Costa, Canossa Has Laran, Care, Dominican Sisters Beto, Gleno, Seminario Fatumeta, Hospital Guido Valadares, Jardim Nicolau Lobato, Laifet, Parliament, President’s House, Sao Miguel, Sional, Arte Moris, USAID, Bairro Pite, Police Academy, St Elisabeth, ex-CRS, EDTL.

Voices of East Timor - Voice of the Poor.

UNMIT Daily Media Review 07 August 2008

PNTL to investigate price fixing of rice- RTL
PNTL Inspector Mateus Fernandes said yesterday that the PNTL will not tolerate any manipulation of the governments rice. He confirmed that the PNTL are currently investigating some business men allegedly involved in price manipulation.

PNTL weapons still missing- Timor Post
PNTL Commander Afonso de Jesus confirmed yesterday that while many weapons had been handed over to the PNTL, there were still five large weapons and 17 pistols missing. Separately, PNTL Sub-Inspector Mateus Fernandes stated that on next Sunday (10/8/), there will be an official ceremony to hand over traditional weapons in Viqueque district.

903 IDPs return to their communities- Diario Nacional
A total of 903 IDP families residing at the airport camp returned to their communities yesterday under the Government’s national recovery program, Hamutuk Hari Futuro. Minister for Social Solidarity Maria Domingas Alves thanked the IDPs for taking the decision to return home and assured them that the Government would provide for their security.

PR Horta has promulgated rectified budget – Diario Nacional
rime Minister Xanana Gusmão said that the government continues to execute the rectified budget promulgated by President José Ramos-Horta on 4 August as published in the Jornal da Repúblic.“I have received the promulgation [of rectified budget] from Jornal da República. However, the President is still concerned with the opposition’s submission to the Court of Appeals.

I told the President in our meeting that we have to pay a debt of more than US$7M. If the Court of Appeals decides that the Economic Stabilization Funds (FEE) is unconstitutional and then we will surely have demonstrations. I will tell the protestors to take up their compaints with the Court and members of the opposition,” the Prime Minister said on Wednesday (4/8) in Dili.

Rectified budget promulgated: AMP-Fretilin sad, journalists surprised – Diario Nacional
The action of President Jose Ramos-Horta to promulgate the rectified budget has dismayed both AMP and opposition MPs and surprised the media. The two benches are dismayed as the decision of the President is unclear; telling the nation that the budget had not been promulgated even thought it had been promulgated on Monday(4/8). MPs are demanding that this issue be clarified.


1999 East Timor Crimes Against Humanity

Unofficial automated translation. Original Portuguese text follows.

Office of the President of the Republic
Communique
6 August 2008

Yesterday, the 5th day of August, his excellency The President of the Republic departed on an official visit to China and the Phillipines.

Prior to his departure, he delivered a speech to the nation, in which he informed them that he would await the decision of the Court of appeal regarding a request for a ruling as to the constitutionality of the Law on the Revised Budget, before making a decision on whether or not to promulgate it.

In a spirit of solidarity for the government and given the fact that he would be absent from the country, The President of the republic, Dr. José Ramos-Horta signed the said law, so that in case it may have been favourably decided, the Office of the President of the Republic could have proceeded with the promulgation in his absence.

For this reason, The President of the Republic left very clear instructions to his office to send the law for publication only if the decision of the Court of Appeal declared that the law was in conformity with all the requirements of the constitution.

By mistake, the Secretariat of the Presidency of the Republic caused to be sent to the National Parliament yesterday afternoon, after his departure, and the National Parliament, in turn, sent the document immediately to the Printer for publication.

In light of this mistake, the Presidency of the Republic presents its apologies to the Nation. (END)

--
Dili, 6 de Agosto de 2008
Comunicado

Ontem, dia 5 de Agosto corrente, a Sua Excelência o Presidente da República deslocou-se, em visita oficial, à China e Filipinas.

Antes da sua partida, proferiu um discurso à Nação, onde informou que aguardaria da decisão do Tribunal de Recurso quanto ao pedido de fiscalização abstracta de constitucionalidade da Lei sobre o Orçamento Rectificativo, para posteriormente decidir sobre a sua promulgação.

Num espírito de solidariedade para com o Governo e dado ao facto de se ausentar do país, o Senhor Presidente da República, Dr. José Ramos-Horta, assinou a referida lei, para que caso viesse a decidir favoravelmente sobre a sua promulgação, o Gabinete da Presidência da República assim procedesse mesmo na sua ausência.

Neste sentido, o Senhor Presidente da República deixou instruções bem claras ao Gabinete para que se enviasse a lei para publicação somente se a decisão do Tribunal de Recurso declarasse que a lei está em conformidade com às normas constitucionais.

O Secretariado da Presidência da República, por lapso, fez seguir o documento para o Parlamento Nacional, ontem a tarde, após a sua partida, e o Parlamento Nacional, por sua vez, enviou o documento de imediato para a Gráfica para publicação.

Perante este lapso, a Presidência da República apresenta as suas desculpas à Nação.

East Timor Women - Raising awareness of the plight of women in Timor-Leste.

REPÚBLICA DEMOCRÁTICA DE TIMOR-LESTE

IV Constitutional Government
SECRETARIAT OF STATE FOR COUNCIL OF MINISTERS
PRESS RELEASE

Meeting of the Council of Ministers on 06th of August 2008

The Council of Ministers met this Wednesday, 06th of August 2008, in the Council of Ministers meeting room, Government Palace, in Dili where:

The Council of Ministers in today's meeting, approved the proposal for the Resolution to be sent to National Parliament in order to ratify the International Labour Convention (No. 87) Concerning Freedom of Association and Protection of the Right to Organise

With the adoption of this instrument, Timor-Leste shows its commitment towards the protection of the right to organise, article 52 of the Constitution of the Republic. This diploma is part of the range of measures adopted within the Program of the IV Constitutional Government, which includes investment in professional training.

The Resolution for Ratification the ILO Convention on the Right to Organise and Collective Bargaining Convention, (No. 98) was approved.

In today's meeting the Council of Ministers also approved the Proposal o a Resolution to be sent to National Parliament for ratification of the Right to Organise and Collective Bargaining Convention, (No. 98)

By adopting this instrument, Timor-Leste gives a step forward regarding the right to organise and collective bargaining between syndicates and labour organizations, with the Government acting as a mediator in a free process which aims to improve the working conditions.

Resolution for the Ratification of the Membership of Timor-Leste to the International Coffee Organisation was approved.

The Council of Ministers approved, in today's meeting, the proposal for Timor-Leste to be a member of the International Coffee Organisation, which will now be sent to National Parliament for ratification.

Coffee is of great economic importance for the country, since it is the most relevant, non energetic, export of the country. It creates employment and income for farmers, with the possibility of becoming an important economic tool.

The members of the International Coffee Organisation have access to a forum of experts, which allows the acquisition of techniques on the optimisation of the coffee exports, the participation in development projects, the improvement of the coffee's quality and the participation in promotion campaigns and training seminars.

Decree-Law on the Regime on Leave and Absences in the Civil Service of the Public Administration was approved .

The Decree-Law that the Council of Ministers approved today sets forth the regime on leaves and absences in the Civil Service of the Public Administration.

The approval of a regime that establishes and disciplines the leaves and absences of the civil servants and agents of the administration is required by the Civil Service Statute, Law 8/2004, 16 June, which only defined the types of leave that would be applied. The power to establish the regulations was given to the Government by authorisation.

This Regime aims to clarify the limits to the attribution and use of the leaves enshrined in the Statute of the Civil Service, streamlining the absences, its effects and justification.

The Council of Ministers has also analysed:

Was made a presentation on the preliminary studies regarding the feasibility a gas duct to Timor-Leste

The Council of Ministers heard a presentation made by technical staff in the Secretariat of State for Natural Resources, where they informed the members of the Government about the preliminary studies on the feasibility of a gas duct to Timor-Leste.
-----
REPÚBLICA DEMOCRÁTICA DE TIMOR-LESTE
IV Governo Constitucional
SECRETARIA DE ESTADO DO CONSELHO DE MINISTROS

COMUNICADO À IMPRENSA

Reunião do Conselho de Ministros de 06 de Julho de 2008

O Conselho de Ministros reuniu-se esta Quarta-feira, 06 de Março de 2008, na Sala de Reuniões do Conselho de Ministros, no Palácio do Governo, em Díli, e aprovou:

Resolução que aprova para Ratificação a Convenção da OIT n.º 87 Sobre a Liberdade Sindical e Protecção do Direito Sindical

O Conselho de Ministros, na sua reunião de hoje, aprovou a Proposta de Resolução ao Parlamento Nacional para a ratificação da Convenção n.º 87 da Organização Internacional do Trabalho (OIT) sobre a liberdade sindical e a protecção do Direito sindical.

Com a adopção deste instrumento Timor-Leste confirma o seu compromisso com a protecção da liberdade sindical, prevista no artigo 52.º da Constituição da República. O presente diploma enquadra-se ainda nas medidas adoptadas no Programa do IV Governo Constiutucional, que prevê o investimento na Formaçâo Profissional.

Resolução que Aprova para Ratificação a Convenção da OIT n.º 98 Sobre a Aplicação dos Princípios do Direito de Sindicalização e da Negociação Colectiva
Na sua reunião de hoje, o Conselho de Ministros aprovou também a Proposta de Resolução ao Parlamento Nacional para a ratificação da Convenção N.º 98 da Organização Internacional do Trbalho sobre a aplicação dos Princípios do Direito de Sindicalização e de Negociação Colectiva.

Ao adoptar este instrumento Timor-Leste dá um passo em frente no que se refere à promoção do direito de negociação colectiva a ser celebrada entre os sindicatos e as organizações de empregadores, servindo o Governo como mediador num processo livre e que visa a melhoria das condições de trabalho.

Resolução que Aprova para Ratificação a Adesão à Organização Internacional do Café
O Conselho de Ministros aprovou, na sua reunião de hoje, a proposta de adesão de Timor-Leste à Organização Internacional do Café, que será agora enviada ao Parlamento Nacional para ratificação.

O café assume grande importância económica para o país, sendo a matéria-prima não energética mais relevante em termos de exportações. Gera emprego e rendimentos para os agricultores, podendo tornar-se num motor económico de capital importância.

Os membros da Organização Internacional do Café têm acesso a um fórum e a peritos, o que permite a aquisição de técnicas sobre a maximização da eficácia na exploração do café, participação em projectos de desenvolvimento, melhoria da qualidade e participação em campanhas de promoção e acções de formação.

Decreto-Lei Sobre o Regime das Licenças e Faltas dos Trabalhadores da Administração Pública

O presente Decreto-Lei, que o Conselho de Ministros aprovou na sua reunião de hoje, estabelece o regime das licenças e das faltas dos funcionários, agentes e demais trabalhadores da administração pública.

A aprovação de um regime que ordene e discipline as licenças e faltas dos funcionários e agentes da administração é exigido pelo Estatuto da Função Pública, Lei n.º 8/2004, de 16 de Junho, que apenas estabeleceu os tipos de licença existentes. Toda a regulamentação foi cometida ao Governo por autorização.

O presente regime pretende clarificar os limites para concessão e fruição das licenças previstas no Estatuto da Função Pública, tipificar as faltas, os seus efeitos e condições de justificação.

O Conselho de Ministros analisou ainda:

Apresentação de estudos preliminares sobre a viabilidade do Gasoduto para Timor-Leste

O Conselho de Ministros ouviu uma apresentação efectuada por técnicos da Secretaria de Estado dos Recursos Naturais que serviu para informar os membros do Governo acerca dos estudos preliminares sobre a viabilidade do Gasoduto para Timor-Leste.

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UNMIT Daily Media Review 06 August 2008


Fretilin will accept court’s decision – Diario Nacional

Fretilin MP Aniceto Guterres said that Fretilin will accept the decision of the Court of Appeals over the legality of the Economic Stabilization Funds (FEE) when the decision is made. Mr Guterres said that it was important to uncover why the Government had established the FEE.

Fretilin and AMP agree to extend UN forces in TL – Diario Nacional, Timor Post and Suara Timor Lorosa’e

Related to recent statements made by UN Secretary-General Ban Ki-moon and President José Ramos-Horta on the UNPol mission in Timor-Leste, Democratic Party MP Vital dos Santos said that the National Parliament supports an extension of UNPol in the country.

MP Vital said that he believes that the nation will continue to face political instability until 2011, and as such, requires the presence of UNPol. CNRT MP Virginia Belo concurred with MP Vital, saying that she believed that Timor-Leste still required UNPols to assist the PNTL.

IDPs at Comoro to return home today – Diario Nacional

IDP Representative of the Comoro Airport Camp Paulino da Costa said that the IDPs have begun to return to their communities today (8/6) as per the Government’s recovery’s policy. He also said that it was the Government’s responsibility to provide security for the returned IDPs.

The contract of buying 26 cars for MPs still secret – Diario Nacional

Fertilin and KOTA MPs are concerned that the contract for purchasing luxury cars for MPs is still being kept a secret. Fretilin Vice President Francisco Branco said that despite all the talk of transparency, the Government has shown no transparency in this process. It is not even known if the cars have been transported to Timor-Leste yet.

Government should present list of weapons - Timor Post

Ex-prime minister Estanislao Aleixo da Silva said that he believes the Government should provide a list of weapons lost in the 2006 crisis before forcing civilians to hand over their weapons. Responding to questions about the use of illegal weapons by Fretilin, Mr da Silva denied that Fretilin members had ever used or kept illegal weapons.



East Timor Women - Raising awareness of the plight of women in Timor-Leste.

Presidents Horta waits feedback from Court of Appeal on additional state budget - Parliament supports UN police to remain - Journalists protest President Horta - Government thanks Hercules for his contribution to the country’s development - Timor-Leste needs UN’s help to support the field of security and justice - Government should not treat veterans differently: Luta-Hamutuk - Read more...

Extracts Full Update is at http://www.reliefweb.int/rw/rwb.nsf/db900SID/SODA-7H9A2H?OpenDocument

Human Rights

• On 18 July, the Human Rights and Transitional Justice Section of UNMIT (HRTJS) provided technical advice to the ongoing development of the Housing Rights Network via its focal point NGO Forum Tau Matan. With support from the HRTJS and (the Centre On Housing Rights and Evictions (COHRE), the NGO Forum expects the Statue of the Housing Rights Network to be signed by its 23 members in early August. The development of the Housing Rights Network will contribute to better monitoring and reporting on housing rights issues, particularly on forced evictions and secondary occupants. With a communication strategy in place, designed to target the rights of IDPs, the network aims to eventually target the general population and work towards holding public officials accountable for rights not being fulfilled. In the absence of a land and property rights law, the network also plans to work with government officials to help approve the much needed law.

• On 31 July, the Housing Rights Network with UNMIT support launched the brochure “Housing Rights for IDPs and All.” Representatives of 19 local and international NGOs attended the event.

----

SECURITY UPDATE

(Source: Joint NGO Security Office)

The overall security situation in Timor Leste was quiet and generally calm, although tensions around IDP returns were noted.

10 16 JULY

According to UN statistics, there were 45 recorded incidents across Timor-Leste, which is more than the last reporting period (24) and above the average (approx 30). UN Police (UNPol) made 99 arrests.

• 10 11 July: Student demonstrations continued in Democracy Field although only a small number of protesters attended. In total, 52 students were arrested following their participation in the demonstrations; they were released after their various 72 hour detention periods were finished

• 15 July: The national weapons collections campaign, which consists of a public information campaign around the country, began and will last until 1 August. The campaign encourages persons to voluntarily hand in their weapons before the new weapons laws take effect. From 1 to 15 August, weapons will be collected, primarily at police stations but members of the public can hand weapons to any national or international security force in Timor-Leste. The weapons collected will be destroyed at a public ceremony on 30 August.

• F-FDTL troops are stationed in Ermera and Bobonaro districts and patrolling certain areas of Dili.

16 23 JULY

According to UN statistics, there were 44 recorded incidents across Timor-Leste, which is slightly less than the last reporting period (45) and above the average (approx 30). UNPol made 106 arrests.
The office of the Provedor of Human Rights announced that an investigation into the actions of the PNTL in response to the student demonstrations of 7 - 9 June will be conducted.

23 30 JULY

According to UN statistics, there were 47 recorded incidents across Timor-Leste, which is more than the last reporting period (44) and above the average (approx 30). UNPol made 63 arrests.

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FRENTE REVOLUCIONÁRIA DO TIMOR-LESTE INDEPENDENTE

Media release Dili, Timor-Leste, 6 August 2008

FRETILIN welcomes President's decision to await outcome of opposition parties' request for judicial review of 2008 revised budget

FRETILIN today said it welcomed President Ramos Horta's decision to wait until after the request by FRETILIN, KOTA/PPT and PUN to the Court of Appeal to undertake a constitutional review of key aspects of the revised budget of USD$425.6 million, which will see this year's original annual budget increased to more than USD$773.3 million, before he would move to promulgate it into law.

President Ramos Horta's decision to await the outcome of the court's constitutional review of aspects of the revised budget was announced yesterday (Tuesday 5 August) on Timor-Leste's state owned television.

FRETILIN parliamentary leader Aniceto Guterres said, "The President's decision is a wise and prudent one, expressing caution and concern over the legality of a number of aspects of the revised budget proposed by the Gusmao de facto Government.

"During the course of the last few months, and in particular during the parliamentary debate for this revised budget (16-31 July), FRETILIN, civil society, international donors and multilateral institutions such as the World Bank and IMF have questioned the need for such a large increase in the budget.

"In particular questions were raised in relation to the transparency and legality of this budget, the capacity to spend it and also as to why such a large amount of the budget was allocated to goods and services as opposed to capital development."

"Despite strong and widespread public opposition, the Gusmao de facto Government refused to listen to the people's concerns and rammed the revised budget through National Parliament with very few amendments."

"We welcome the President's decision because it not only reflects concern amongst FRETILIN, but also civil society groups and the broader public in Timor-Leste."

For more information, please contact: Nilva Guimaraes +670 7340389 (Dili, Timor-Leste)

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Judicial System Monitoring Program Justice Update 22 July 2008

REFLECTIONS ON THE LAW-MAKING PROCESS IN TIMOR LESTE


This Justice Update will consider some of the processes of legislative development in Timor-Leste, and provide analysis on areas of concern.

The National Parliament is an institution charged under the Constitution with producing laws in the interests of the community. One of the primary functions of Parliament is the drafting of laws.

Members of Parliament are assigned to commissions, which consider policy in different areas of government. Each commission is responsible for preparing and discussing draft laws on issues relevant to their portfolio, which are presented for the consideration of the Council of Ministers. This approach, properly executed, should allow subject matter expertise to be developed among Commission members in order to craft adequate solutions to problems in the Comissions’ different areas of speciality.

The Council of Ministers, comprising the heads of each government department, has the power to put draft laws to the Parliament for further scrutiny and debate. It may also issue decrees that give effect to certain decisions (international agreements, for example) that do not need parliamentary approval. It may also consult stakeholders in order to inform policy debate, though regrettably this authority is rarely exercised.

Individual members of parliament may also propose draft laws by direct petition to a full session of Parliament. Since these have not reached consensus through the commission system, they are then subject to detailed review. Care must be taken with legislative proposals that have circumvented the usual route of commission scrutiny.

A period of consideration is necessary for draft laws to be appropriately analysed. JSMP, through interviews with parliamentarians, recently found that a number had abstained from voting on the Private Lawyers’ statute because they had insufficient time to consider the Bill, and did not understand its content. Clearly processes to educate MPs on the legislative agenda are in need of reform.

The parliamentary rules of procedure empower each commission to organize consultation with stakeholders, or to arrange a public audience to discuss policy initiatives. JSMP has observed that such consultations are generally undertaken only in the capital, Dili. Rarely have people in the districts been consulted about the contents of draft laws, which brings fair representation into question.

Other, more centrally located stakeholders are regularly overlooked. For example, the law on arms recently introduced by the Prime Minister proposes that the PNTL be responsible for a system of gun registration – JSMP has learned that there was no program of consultation with police prior to the introduction of this legislative proposal to Parliament.

Once a law is passed by the Parliament, it is assumed for the purposes of enforcement that every citizen is aware of its meaning and application. In addition to public consultation, then, the community should be kept informed about legislation as it is enacted so that they are aware of how it may impact on them.
With no consistent governmental mechanism for disseminating legal developments to the public, adherence to the law becomes problematic. This is especially true given the proportion of Timor’s population that lives outside of district centres.

The presence of courts in Baucau, Suai and Oecusse may serve as a focal point for education about judicial process. However, outside of these district centers customary law seems to be a more familiar and available method of dispute resolution.

The process of drafting a law must also take into consideration historical and sociological factors borne of context. This need to reflect local conditions is contravened by reliance on colonial models of legal doctrine. Portuguese laws, forr example, which fit into a different domestic context of protections and constraints, should not be adopted as templates for Timorese law without considerable modification.

Given Timor is a young democracy with still little regulation over political action, guarantees or protections implied in other, more established, legal systems should not be taken for granted when drafting laws for this country. Perhaps, rather than looking to legislative influences such as Portugal that share little in terms of development, useful comparisons might be made in looking to other post-conflict states.

JSMP has witnessed many legislative initiatives being developed and prepared for debate. Many have seemingly failed to proceed. Aside from issues of political priority, this backlog of draft may be attributed in part to the failure of parliamentarians to attend sessions in which the contents of draft laws are discussed.

The scheduling of sessions to enable the commissions to discuss urgent issues includes setting an agenda for the discussion of draft laws. Often the discussion of draft laws is delayed because less than two thirds of members are present and therefore a quorum cannot be established. These factors prevent the Parliament from completing its work in an efficient and effective manner.

Language presents a considerable hurdle to effective and participatory legal development. There is concern that Portuguese is used to draft every law, which is a problem for a number of parliamentary members who have limited ability in this language, as well as for the majority of the Timorese public who do not speak it well. The use of legal jargon, however necessary, further hinders comprehension.

A number of parliamentary members and members of the community have voiced their concerns about the language issue. It has been suggested that the original text drafted in Portuguese should be translated into Tetun so that parliamentarians can all properly understand, and voice an opinion on, the draft laws for which they are collectively responsible.

In conclusion, JSMP calls on the Parliament firsly to allow its commission system to operate more fully as a consultative mechanism, inviting input from the public and sector stakeholders alike. This process should allow parliamentarians to become familiar with a policy area, and to communicate legislative proposals to political colleagues and the public alike.

With no office yet established to communicate legal information to the citizenry, this burden will remain with MPs and civil society. Conducting debate in a language better accessible to all would improve the quality of debate, enabling Timorese conditions to be better addressed in drafting. It would also assist subsequent dissemination, which in turn may increase compliance with the law.

For Further information please contact: Casimiro dos Santos, JSMP Acting Director
Email : casmiro@jsmp.minihub.org Landline: 3323883

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

REPÚBLICA DEMOCRÁTICA DE TIMOR-LESTE
IV GOVERNO CONSTITUCIONAL
SECRETARIA DE ESTADO DOS RECURSOS NATURAIS

PRESS RELEASE

Díli, August 4, 2008

Secretary of State for Natural Resources, Alfredo Pires, opens the National Petroleum Authority

Today, the Secretary of State for Natural Resources, Alfredo Pires, officiated over the inaugural launch of the National Petroleum Authority (NPA). The newly established independent body charged with the regulation of the petroleum sector marks the end of the Timor Sea Designated Authority, which was operated jointly for the past six years by Australia and Timor-Leste.

The event was celebrated as a milestone for the nation in protecting and preserving the natural resources for future generations. The NPA, which is totally run by timorese, is the first of three professional organizations to be launched as part of the Government’s institutional reform program for the petroleum sector. The Institute of Petroleum and Geology and the Timor-Leste National Oil Company will be established to provide the nation with the strong foundations needed for sector growth.

Alfredo Pires opened by saying “today we can define the terms and conditions of our growth and success, working together with our partners in the Timor Sea to establish a new working benchmark for collaborative participation in development”.

“In Timor-Leste we do not speak of the Petroleum sector in terms of revenues, profits or loss, we speak in terms of infrastructure, education, agriculture and national stability; in the purest terms, our stakeholders are the Timorese, the beneficiaries of the natural resources”.

Timor-Leste’s economy depends heavily on the revenues generated from the oil and gas interests to fund the General State Budget. Timor-Leste, the poorest nation in Asia, averages 200 million in revenues per month from natural resources.

Alfredo Pires continued his address by noting that the Timorese have many options in development, “take Greater Sunrise by example, there are many options, but each option needs to be in consultation with, and in the best interest of, our citizens; which means we are charged with getting as much comprehensive and detailed information available to make appropriate decisions”.

“Take Greater Sunrise by example, there are many options. There is the Timor option, the Darwin option, the floating LNG option and the fourth option is to preserve the resources for another generation of Timorese”.

Alfredo Pires stated he is confident that the new vehicles to promote sector best practice will empower Timor-Leste to navigate the complexities of the international oil industry, while maintaining the national objectives. ***

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This is an automated unofficial translation into Engish. The original Portuguese text follows.


Presidency of the Republic
The President
Announcement

August 5, 2008

I have received from the National Parliament for enactment, the Law Amending Budget (AB). It is a great budget to spend by the end of the year 2008.

The Government asks now more 440 million dollars, totaling the State General Budget (OGE) for 2008, around 800 million, an increase of 122% of OGE. The initial budget of 2008 provided spending of about 350 million dollars.

With the amended budget, the government wants, therefore, spend - in 5 months - until December, twice the amount of the budget originally planned to spend in 12 months.

This large increase - suddenly - the expenditure of the state naturally caused some surprise and some concern, not only in East Timor, but also with development partners .

I have heard and registered concern and questions about this budget from civil society and international organizations, including the World Bank and International Monetary Fund, among others.

The food crisis and economic uncertainty at the international level requires of us, more than ever, great rigour and restraint in the accounts of the country.

For East Timor, nearly 800 million dollars is a lot of money.

The international auditors, in particular the Consultative Council of the National Parliament of the Petroleum Fund for East Timor, consider that the sustainable management of resources of that fund, as required by law of the Petroleum Fund, advises to use only 396 million U.S. dollars this year. But the budget proposes withdraw almost 800 million.

It is a very big difference. We need to know where the country will spend so much money: will spend on what - and how this expenditure benefits the people and country.

Some works and investments may now, cost much money, but generate wealth in the future.

For example, construction of roads and bridges, investment in telecommunications, irrigation works, to increase our agriculture, among other economic investments, costs are high but develop the country and create employment.

For such investments, it is worth taking more money from the Petroleum Fund Oil, because spend it more now, but the investment serves to increase the wealth in the future.

But the amending budget that I received does not address that.

Instead, the budget provides for spending about 800 million dollars, but only 15 percent are for Capital Development.

It means that for every dollar of the budget, the government wants to spend 85 cents in costs of day-to-day and 15 percent in investment for the future.

Moreover, the budget does not clarify any questions that I raised about the current expenditure - that is, of such day-to-day expenditure.

For example, the government created an Economic Stabilisation Fund (FEE) and wants to endow it with 240 million dollars.

I understand that the intervention measures are justified by the increase in prices of food and regulation of the prices of other basic products.

Questioned yesterday the Prime Minister, if it would be, perhaps, more appropriate that the money necessary to ensure the supply of food, basic necessities were budgeted in food security?

Also, if the money that the government asked for the intervention in the market for non-food products could not be in the contingency reserve fund of the Government?

There are doubts and concerns that the budget raises that do not have a clear answer.

For example, the General tate Budget for 2008 had a budget of 3 and a half million dollars to travel abroad. The amending budget has increased, now that amount to a total of 6 million.

The travel abroad of ministers are often justified and necessary. The people understand that. I have no doubt about it.

But the concern that I convey is: will it be reasonable and necessary to spend so much?

This amended budget is only for 5 months.

How much will the members of the government travel abroad and how much will every trip use to spend 6 million of dollars a year?

We must know spend the money wisely by the state, especially in times of crisis.

I was in government several years and know that it is not easy to reconcile all requests from several ministers.

I appeal to the Ministry of Finance to set rules and criteria and establish effective priorities. Finance must lead by example and ensure the balance and clarity of the overall budget.

The whole government, in general, I appeal to the probity and restraint.

In times of crisis, the government has a duty plus restraint in spending and rigorous assessment of costs in order to define national priorities in sequence, balanced and fair.

The general budget of the state is the key instrument for achieving social justice and economic imbalances.

Hence, the general budget of the State must be, above all, a strict document, a clear document, which leaves no doubt to anyone - neither the people nor the international community, which has always supported us.

I have a duty to contribute in the exercise of my mandate so that East Timor is a more just society, in which the state look at them equal for rich and poor, helping more, who needs .

Our rule is to help create more justice and more equal opportunities in East Timor and by doing so, improve the lives of the people.

As President of the Republic, I want to help ensure that the accuracy and transparency of accounts of the state does not raise doubts and help to achieve national objectives of more fairness, more social justice, more stability and harmony.

The President of the Republic does not want to make it more difficult to manage the country. I recognize the good will and determination of the government headed by our brother Kay Rala Xanana Gusmão to endeavour to develop our economy with a strong intervention, pro-active, the State.

On the other hand, I have learnt that the Court of Appeal lodged a court action endorsed by Members, based on Article 150 of CRDTL, requiring the Abstract review of the constitutionality of the government's decision to create the Fund for Economic Stability by Decree-Law .

The credibility of the accounts of the state is in everyone's interest. It is in the interest of the government, is in the interest of other organs of sovereignty, and is in the interest of the people.

Meeting yesterday with the Prime Minister, Kai Rala Xanana Gusmão, and members of the government about three hours, in which I was informed and, to some extent, clarified in relation to my doubts and concerns as mentioned.

I have no doubt the most noble intentions of the Prime Minister to do everything in our economy start on the basis of a sustainable project that benefits the poor and marginalized of our society.

However, many doubts and concerns prevail.

As my obligation to review the constitutionality of the rules, as is the National Parliament, will monitor the budget implementation in the remaining five months of this fiscal year.

Consulting with the largest party in Parliament, the Fretilin, and others that wish, as well as prominent personalities of our civil society, on how the Fund for Economic Stability, to be declared constitutional by the Court of Appeals, should be managed .

My preference, but I can not impose, is that the government initiate dialogue with the majority party to create a mechanism for monitoring, management and implementation of the fund.

Moreover, this method should be practiced by governments in all matters of great implications for present and future of our country, such as the fund management of oil and other natural resources, large-scale investments that require implementation in the long term, granting of land for investment purposes, administrative reform, education policy, and others of national significance.

Our country should avoid decision-making affecting the best interests of the country without any result and outcome of consultation, discussion and consensus.

In a word, we must begin to develop a culture of respect for the principle of continuity of the state, regardless of which party is in power.

For all the reasons cited, I decided to wait, first, for the Court of Appeal opinion on the constitutionality of the Economic Stabilisation Fund, and to allow time for the Government to clarify the public Timorese and the international community, the reason for this amending budget .

On return of my trip in China, where I will keep contacts with the President of the People's Republic of China, Hu Jin Tao, and Prime Minister of Australia, Kevin Rudd, and the State Visit of the Philippines, will take a final decision on the promulgation or not Amending Budget.

---

Presidência da República
O Presidente

Comunicado

5 de Agosto de 2008

Recebi do Parlamento Nacional, para promulgação, a Lei do Orçamento Rectificativo (OR). É um orçamento vultuoso para se gastar até ao fim deste ano de 2008.

O Governo pede agora mais 440 milhões de dólares, totalizando assim o Orçamento Geral do Estado (OGE), para 2008, em cerca de 800 milhões, o que significa um aumento de 122% do OGE. O orçamento inicial de 2008 previa gastar cerca de 350 milhões de dólares.

Com o Orçamento Rectificativo, o Governo quer, portanto, gastar – em 5 meses – até Dezembro, o dobro do montante do orçamento inicialmente previsto para gastar em 12 meses.

Este grande aumento – súbito – da despesa do Estado causou naturalmente alguma surpresa e alguma preocupação, não só em Timor-Leste, como também junto dos parceiros de desenvolvimento.
Tenho ouvido preocupação e registado dúvidas sobre este orçamento rectificativo, da sociedade civil e de organizações internacionais, nomeadamente o Banco Mundial e o Fundo Monetário Internacional, entre outros.

A crise alimentar e a incerteza económica a nível internacional exigem de nós, mais do que nunca, grande rigor e contenção nas contas do país.

Para Timor-Leste, quase 800 milhões de dólares é muito dinheiro.

Os auditores internacionais, em particular o Conselho Consultivo do Parlamento Nacional, do Fundo do Petróleo de Timor-Leste, consideram que a gestão sustentada dos recursos daquele fundo, tal como previsto na lei do Fundo Petrolífero, aconselha a usar só 396 milhões de dólares este ano. Mas o orçamento rectificativo propõe retirar quase 800 milhões.

É uma diferença muito grande. É preciso saber onde é que o país vai gastar tanto dinheiro: vai gastar em quê – e como é que essa despesa beneficia o povo e o país.

Algumas obras e investimentos podem, agora, custar muito dinheiro, mas gerar riqueza no futuro.

Por exemplo, a construção de estradas e pontes, o investimento em telecomunicações, em obras de irrigação, para aumentar a nossa agricultura, entre outros investimentos económicos, são despesas elevadas mas desenvolvem o país e criam emprego.

Para investimentos desse género, vale a pena ir buscar mais dinheiro ao Fundo de Petróleo, porque gasta-se mais agora, mas o investimento serve para aumentar a riqueza no futuro.

Mas o Orçamento Rectificativo que eu recebi não contempla isso.

Pelo contrário, o orçamento rectificativo prevê gastar cerca de 800 milhões de dólares, mas só 15 por cento são para Capital de Desenvolvimento.

Quer dizer que por cada dólar do orçamento rectificativo, o Governo quer gastar 85 cêntimos em despesas do dia-a-dia e 15 por cento em investimento para o futuro.

Por outro lado, o orçamento rectificativo não esclarece todas as dúvidas que me colocaram sobre a própria despesa corrente – quer dizer, as tais despesas do dia-a-dia.

Por exemplo, o governo criou um Fundo de Estabilização Económica (FEE) e quer dotá-lo com 240 milhões de dólares.

Compreendo que se justificam medidas de intervenção perante o aumento dos preços dos alimentos e de regulação dos preços de outros produtos fundamentais.

Questionei ontem o Sr. Primeiro-Ministro, se não seria, talvez, mais adequado que o dinheiro necessário para garantir o fornecimento de alimentos de primeira necessidade estivesse orçamentado na Segurança Alimentar?
Igualmente, se o dinheiro que o Governo pediu para a intervenção no mercado de produtos não-alimentares não poderia estar na própria reserva de Fundo de Contingência do Governo?

Há dúvidas e preocupações que o orçamento rectificativo suscita que não têm uma resposta clara.

Por exemplo, o Orçamento Geral do Estado para 2008 tinha já uma verba de 3 milhões e meio de dólares para viagens ao estrangeiro. O Orçamento Rectificativo aumentou, agora, aquela verba para um total de 6 milhões.

As viagens dos ministros ao estrangeiro são, muitas vezes, justificadas e são necessárias. A população compreende isso. Eu não tenho dúvidas sobre isso.

Mas a preocupação que me transmitem é: será razoável e necessário gastar tanto?

Este Orçamento Rectificativo é para 5 meses apenas.

Quantas viagens vão os membros do governo fazer ao estrangeiro e quanto é que vão usar em cada viagem para gastarem 6 milhões de dólares num ano?

Temos de saber gastar com prudência os dinheiros do Estado, sobretudo em tempos de crise.

Eu estive no governo vários anos e sei que não é fácil conciliar todos os pedidos dos vários ministros.

Apelo ao Ministério das Finanças para que defina regras e critérios eficazes e estabeleça prioridades. Têm de ser as Finanças a dar o exemplo e a velar pelo equilíbrio e a clareza do conjunto do Orçamento.

A todo o governo, em geral, faço um apelo à contenção e ao rigor.

Em tempos de crise, o governo tem um dever acrescido de contenção nos gastos e de rigor na avaliação das despesas, tendo em vista definir as prioridades nacionais de forma sequencial, equilibrada e justa.

O Orçamento Geral do Estado é o instrumento fundamental para realizar a justiça social e corrigir desequilíbrios económicos.

Por isso, o Orçamento Geral do Estado tem de ser, principalmente, um documento rigoroso, um documento claro, que não deixe dúvidas a ninguém – nem ao povo, nem à comunidade internacional, que sempre nos tem apoiado.

Tenho o dever de contribuir no exercício do meu mandato para que Timor-Leste seja uma sociedade mais justa, em que o Estado olhe para todos por igual, para ricos e para pobres, ajudando mais, quem mais precisa.

O nosso Estado existe para ajudar a criar mais justiça e mais igualdade de oportunidades em Timor-Leste e, dessa maneira, melhorar a vida do povo.

Como Presidente da República, quero contribuir para garantir que o rigor e a transparência das contas do Estado não levantem dúvidas e ajudam aos objectivos nacionais de atingir mais equidade, mais justiça social, mais estabilidade e harmonia.
O Presidente da Republica não deseja tornar ainda mais difícil a gestão do país. Reconheço a boa-vontade e a determinação do Governo chefiado pelo nosso irmão Kai
Rala Xanana Gusmão em tudo fazer para desenvolver a nossa economia com uma forte intervenção, pro-activa, do Estado.

Por outro lado, tomei conhecimento de que no Tribunal de Recurso deu entrada uma acção judicial subscrita por deputados, com base no artigo 150º da CRDTL, requerendo a Fiscalização abstracta da constitucionalidade da decisão do Governo em criar o Fundo de Estabilidade Económica por Decreto-Lei.

A credibilidade das contas do Estado é do interesse de todos. É do interesse do Governo, é do interesse dos outros órgãos de soberania, e é do interesse do povo.

Reuni-me ontem com o Primeiro-Ministro, Kai Rala Xanana Gusmão, e membros do Governo cerca de três horas, em que fui informado e, de certa forma, esclarecido em relação às minhas dúvidas e preocupações como referi.

Não tenho a menor dúvida quanto às mais nobres intenções do Primeiro-Ministro em tudo fazer para que a nossa economia arranque com base num projecto sustentável que beneficie os pobres e marginalizados da nossa sociedade.

No entanto, muitas dúvidas e preocupações prevalecem.

Sendo minha obrigação de fiscalizar a constitucionalidade das normas, assim como é do Parlamento Nacional, estarei atento à execução orçamental nos restantes cinco meses deste ano fiscal.
Consultarei com o maior partido com assento no Parlamento, a Fretilin, e outros que o queiram, bem como individualidades destacadas da nossa sociedade civil, sobre a forma como esse Fundo de Estabilidade Económica, a ser declarada constitucional pelo Tribunal de Recursos, deve ser gerido.

A minha preferência, mas que não posso impor, é que o Governo encete dialogo com o partido maioritário para se criar um mecanismo de acompanhamento, gestão e execução desse fundo.

Aliás, este método deveria ser praticado pelos Governos para todas as questões de grande implicações para o presente e o futuro do nosso país, tais como a gestão do fundo de petróleo e de outros recursos naturais, investimentos de larga escala que requerem execução a longo prazo, concessão de terrenos para fins de investimento, reforma administrativa, política educacional, e outros de relevância nacional.

O nosso país deve evitar tomadas de decisões que afectam os superiores interesses do país sem que sejam fruto e resultado de consultas, debate e consenso.

Numa palavra, temos de começar a desenvolver a cultura do respeito ao princípio da continuidade do Estado, independentemente do partido que estiver no poder.

Por todas as razões citadas, decidi aguardar, em primeiro lugar, que o Tribunal de Recursos opine sobre a constitucionalidade do Fundo de Estabilização Económica, assim como dar tempo ao Governo para que esclareça a opinião pública Timorense e a comunidade internacional, da razão deste Orçamento Rectificativo.

De regresso da minha viagem da China, onde manterei contactos com o Presidente da República Popular da China, Hu Jin Tao, e o Primeiro-Ministro da Austrália, Kevin Rudd, e da Visita de Estado às Filipinas, tomarei uma decisão final quanto à promulgação ou não do Orçamento Rectificativo.

Post sponsored by East Timor Women - Raising awareness about the plight of women in East Timor.

UNMIT Daily Media Review 05 August 2008

Ban Ki-Moon won’t withdraw UNPol from TL – Timor Post, Diario Nacional and Suara Timor Lorosa’e

The Special Representative of the Secretary-General (SRSG) for Timor-Leste Atul Khare has confirmed that the Secretary-General of the United Nations Ban Ki-Moon has no plans to withdraw the United Nations Police (UNPol) from Timor-Leste.

“The meeting I had with the President Ramos-Horta was positive. I informed him about the meeting I am going to attend in New York and mentioned that the Secretary General does not want to withdraw UNPol from Timor-Leste,” said SRSG Khare on Monday (4/8) in the Presidential Office Farol, Dili.

SRSG Khare said that he will talk to the UN Security Council about security and the general situation in Timor-Leste following the events of February 11.

Related to the 100 Day Peace Campaign in the lead to the International Day of Peace celebrated on 21 September, SRSG Khare said that peace starts with every person.

“The word peace comes from our innerself. From this we can communicate with our community and other people. So when we build peace inside us, we start to build peace in the nation,” said the SRSG.

RAI LOS to leave for Indonesia- Timor Post

The lawyer of Rai Los, Jose Pedro, confirmed yesterday that Rai Los will be going to Indonesia to receive medical treatment. He said that US$2.290.00 had been allocated for this treatment but that the funds would be kept and dispersed by the Government.

L7: All veterans have surrendered their weapons - Timor Post

The president of UNDERTIM party Cornelio Gama (former commander of the resistance)‘L7’ confirmed that all veterans have handed in their weapons during the previous cantonment in Aileu district. Mr Gama said that these weapons are now being kept by the F-FDTL in their container. He also suggested that F-FDTL commanders should invite all veterans to pose in front of the weapons during an official hand-over to the State.


No amnesty for people who have weapons – Diario Naciional

MP Aniceto Guterres said that people who possess illegal weapons should surrender them to the authorities. MP Guterres appealed for members of the public to provide information on illegal weapons to the authorities and the United Nations.

PDHJ to investigate Lucia Lobato and Mariano Sabino- Suara Timor Lorosae

Minister of Justice Lucia Lobato and the Minister of Agriculture Mariano Assanami Sabino are to be investigated by The Provedor of Human Rights (PDHJ) over corruption allegations. PDHJ Amandio Benevides said yesterday that he will carry out an investigation based on information he received about the two ministers.

East Timor Directory - Discover enigmatic East Timor online!

United Nations
S /2008/501
Security Council

Distr.: General
29 July 2008
Original: English


Report of the Secretary-General on the United Nations
Integrated Mission in Timor-Leste
(for the period from 8 January to 8 July 2008)

I. Introduction

1. The present report is submitted pursuant to Security Council resolution 1802 (2008), by which the Council extended the mandate of the United Nations Integrated Mission in Timor-Leste (UNMIT) until 26 February 2009. It covers major developments in Timor-Leste and the implementation of the Mission’s mandate since my report of 17 January 2008 (S/2008/26).

2. As at 8 July 2008, UNMIT consisted of a civilian component comprising 319 international staff (117 women); 846 national staff (147 women); 1,542 police officers (76 women); and 33 military liaison and staff officers (all men). My Special Representative, Atul Khare, continued to lead the Mission and to coordinate with United Nations system actors and other stakeholders. He was assisted by the Deputy Special Representative for Governance Support, Development and Humanitarian Coordination, Finn Reske-Nielsen.

II. Political and security developments since January 2008

3. The deplorable events of 11 February and the response thereto dominated the political and security environment over the reporting period. On that day, the armed group led by the fugitive Alfredo Reinado, the former Military Police Commander of the Falintil-Forças de Defesa de Timor-Leste (F-FDTL), carried out separate armed attacks against the President, José Ramos-Horta, and the Prime Minister, Kay Rala Xanana Gusmão, resulting in the nearly fatal injury of the President and the death of Reinado. Rapid medical intervention, in Dili and, subsequently, in Australia saved the life of the President.

4. The incidents presented an unexpected and serious challenge to State institutions, but encouragingly, and in contrast to the events of 2006, the situation did not precipitate a crisis destabilizing the entire society. The institutions of the State responded in an appropriate and responsible manner that respected constitutional procedures. The Prime Minister demonstrated firm and reasoned leadership; the Parliament functioned effectively as a forum for debate in response to the events; and leaders of all political parties urged their supporters to remain calm, while the general population demonstrated faith in the ability of the State to deal with the situation. The Office of the Prosecutor-General started a criminal investigation immediately after the attacks. On 20 February, the Parliament approved a resolution recommending that the Government negotiate with the United Nations for the formation of an international commission to investigate the events of 11 February. On 27 May, the Prime Minister responded, suggesting that the Parliament consider reformulating the resolution to prevent any duplication with ongoing national criminal investigations.

5. Following the attacks, the Parliament immediately declared a state of siege with curfews across the entire country. On 17 February, the Council of Ministers approved a resolution mandating the Commander of F-FDTL to create a Joint Command integrating members of F-FDTL and the Polícia Nacional de Timor-Leste for security operations conducted during the state of siege. As the security situation remained calm, the state of siege was gradually reduced in geographic scope and degree across the country. By 23 April, the state of siege applied only to Ermera District, where the President’s attackers had gathered, led at that point by an associate of Reinado, Gastão Salsinha. The state of siege in Ermera District expired on 22 May, ending also the legal basis for the Joint Command, which was formally revoked by the Council of Ministers on 4 June and disbanded on 19 June.

6. Creating the Joint Command was an understandable response to the events of 11 February, and contributed to the surrender of Reinado’s associates (see para. 16 below). However, the well-known shortcomings of the security institutions in terms of professional standards and respect for the rule of law, which were at the heart of the UNMIT mandate, became evident once again. The Provedor for Human Rights and Justice opened investigations into 44 cases of violations allegedly committed in areas of Joint Command operations (see para. 29 below). While the number of reported human rights violations and abuses of authority declined in the latter part of the state of siege, indicating that some efforts were being made to minimize them, little progress has been evident in investigating or assigning accountability for the violations committed during the early phase of the state of siege, and the team established by the Joint Command responsible for such investigations has been disbanded along with the Joint Command. The Government has indicated its commitment to addressing these shortcomings, which it sees as long-term challenges. Nevertheless, the risk remains, that, in the meantime, those incidents will further entrench inappropriate modes of behaviour and the already widespread perception that the security and defence forces enjoy impunity.

7. The death of Reinado, who had played a significant role in the intractability of the issues of the F-FDTL “petitioners” (see S/2008/26, para. 6) and the internally displaced persons, opened up new possibilities for addressing these two remaining consequences of the crisis of 2006. In response to a call from the Government to gather for a dialogue, on 8 February, a small number of petitioners had begun arriving at a camp in Aitarak Laran, Dili. After the attacks of 11 February, the rate of arrivals accelerated, reaching 709 by the end of May. On 4 June, the Government adopted a legislative decree that offered financial compensation packages for those petitioners who decided to return to civilian life, who are the great majority. While the underlying grievances which sparked the original desertion by the petitioners, and eventually culminated in the 2006 crisis, are yet to be addressed, the packages agreed to by the petitioners are a positive development. By the beginning of March, returns of internally displaced persons had also markedly accelerated (see para. 45 below).

A. Support for dialogue and reconciliation

8. In response to the events of 11 February, the dialogue and coordination mechanisms already established by the Government and UNMIT again proved effective. On the morning of 11 February, the Government, UNMIT and the international security forces met in an emergency Trilateral Coordination Forum meeting (see S/2007/50, para. 40; S/2007/513, para. 27; and S/2008/26, para. 10) convened by the Prime Minister to coordinate security measures. Upon his return to Dili from New York, the very next day, my Special Representative also conducted intensive good offices efforts with a wide variety of actors including the Prime Minister, the Acting President, Fernando “Lasama” de Araújo, the diplomatic community, and political parties. Those efforts were important to ensure information-sharing, to reinforce unity among political actors, and to coordinate security and political matters. They also served the broader purpose of encouraging good democratic governance practices, including decision-making based on institutionally developed policies and planning. My Special Representative also urged participatory policy formulation processes in which the views of the opposition and civil society could be reflected.

9. During the reporting period, three meetings of the High-level Coordination Committee (including one expanded meeting with members of the Superior Council for Defence and Security, the Council of State, and the President and Secretary- General of the Frente Revolucionária do Timor-Leste Independente (Fretilin)) and nine meetings of the Trilateral Coordination Forum were held. In addition, my Special Representative continued to call monthly meetings (five during the reporting period) with representatives of all political parties, including those without parliamentary representation. At the meeting held on 14 February, the parties unanimously condemned the attacks against the President and the Prime Minister. My Special Representative also continued his weekly meetings with the President (or, in his absence, the Acting President) and the Prime Minister, and his regular meetings with the President of Parliament. My Deputy Special Representative continued his weekly meetings with the Deputy Prime Minister, an important opportunity to coordinate efforts in support of national recovery strategies.

10. On 23 April, in his first major public address after his return to Timor-Leste, the President emphasized the importance of dialogue and utilizing the experiences and skills of all Timorese leaders to address issues of national concern. He specifically called on the Government to work together with Fretilin as “the party with the most votes”. Expanded meetings of the High-level Coordination Committee (see para. 9 above), now including the Fretilin leadership, are a constructive step towards gaining a broad national consensus on major issues facing the country. My Special Representative has continued to facilitate and support such inclusive approaches, and maintains weekly meetings with the Secretary-General of Fretilin. The President has demonstrated his commitment to dialogue at all levels, participating in three community dialogues in Dili in support of the reintegration of internally displaced persons.

11. Encouragingly, Fretilin has continued to play an important role as an engaged and active opposition within the Parliament, whose legitimacy it acknowledges. It does, however, continue to label the Government, formed by the Aliança com Maioria Parlamentar (AMP) led by the Prime Minister, as an unconstitutional “de facto government” (see S/2007/513, para. 4). The overtures made by Fretilin to the Associação Social-Democrata Timorense (ASDT), a member of the AMP coalition, to form an alliance, did not succeed in the end in weakening the coalition, but contributed to plunging ASDT into a public leadership battle. While the AMP coalition appears to be stable at least over the short- or medium-term, this experience illustrates the fragilities sometimes inherent in a coalition government, which are even more pronounced in a young, multi-party democracy such as Timor- Leste.

B. Enhancing democratic governance

12. In addition to the good offices efforts of my Special Representative, UNMIT and the United Nations country team continued to support undertakings to enhance a culture of democratic governance through increasing citizen participation, improving accountability mechanisms, strengthening parliamentary oversight functions, and supporting the media, among other activities. The United Nations Development Programme (UNDP) continued to provide assistance, including in-house training and other activities to strengthen institutional capacity, to political parties, through four district Resource Centres, and to the two electoral management bodies. On 11 April, UNMIT and the United Nations country team, together with the Government, organized a national workshop on democratic governance with the participation of the entire leadership of Timor-Leste, which played an important role in setting the agenda for the democratization process. Gender mainstreaming of Government policies was strengthened with the approval by the Council of Ministers on 19 March of the legislative decree on the structure of the Secretariat of State for the Promotion of Equality and a resolution establishing gender focal points across the ministries. In addition, the Council of Ministers approved and submitted the initial report of Timor-Leste on the implementation of the Convention on the Elimination of All Forms of Discrimination against Women, assisted and facilitated by the United Nations Development Fund for Women (UNIFEM).

13. Even before the announcement by the Prime Minister on 8 May of the “Year of Administrative Reform”, UNMIT and UNDP had been providing policy advice to the Government as it set out frameworks to establish a civil service commission, reformulate the office of the Inspector General to perform audit functions, and establish an anti-corruption agency. UNDP efforts have continued in support of capacity-building related to procedural and legislative processes within the Parliament. UNDP, UNIFEM, UNMIT and the Secretary of State for the Promotion of Equality supported the parliamentary women’s caucus in the development of a five-year (2008-2012) plan to mainstream gender in the work of the national Parliament. In recognition of the fact that the vast majority of the people of Timor- Leste receive news through the radio, UNMIT is supporting the national broadcaster in the installation of a transmitter, which is expected to increase radio coverage in the country from the current 60 per cent to more than 80 per cent of the territory. UNMIT also continued community outreach programmes; training of journalists, producers, and technicians; and the production and co-production of radio programmes to provide information to the people of Timor-Leste and support capacity development.

C. Maintenance of public security

14. UNMIT police strength stayed about the same during this reporting period, with 1,542 officers (76 women) as at 8 July. Of these, 963 officers (including 140 in the Malaysian formed police unit, 140 in the Portuguese formed police unit, 38 in the Pakistani formed police unit, and 31 in the Bangladeshi formed police unit) were deployed in Dili and 579 to other districts, including 109 in the Bangladeshi unit (89 in Baucau and 20 in Viqueque) and 102 in the Pakistani unit (25 in Ermera and 77 in Bobonaro). They continued to perform the mandated task of interim law enforcement, while increasing efforts to support the training, institutional development and strengthening of the national police.

15. In order to ensure that the mandated responsibilities of UNMIT police under Security Council resolution 1704 (2006) and the “Policing Arrangement” (see S/2007/50, para. 33) were not adversely affected by the modalities of the Joint Command (see para. 5 above), my Special Representative confirmed in an exchange of letters with the Prime Minister on 21 February that those national police officers participating in Joint Command operations would not be under the direct supervision and responsibility of the UNMIT Police Commissioner. In practice, however, UNMIT police were not informed when and for how long individual officers would be participating in Joint Command operations, creating difficulties for the certification process and operational planning. Nevertheless, the redoubled efforts of UNMIT police and those national police officers who remained under UNMIT command after 11 February contributed significantly to maintaining a secure environment. International security forces also played a critical role in this regard, including through support to the police.

16. The Joint Command applied various measures to pressure Salsinha and other associates of Reinado to surrender. It generally abided by its rules of engagement which allowed it to fire only in self-defence; one death was attributable to the use of firearms by the Command. In addition, the State pursued dialogue through various national and district level interlocutors to convince Salsinha to surrender peacefully. The combination of those efforts led to the surrender of Salsinha and 12 members of his group on 29 April. As of early July, a total of 27 suspects related to the attacks of 11 February had been identified, 23 of whom remain in pre-trial detention.

17. Generally, cooperation between UNMIT police and the Joint Command on operational matters was satisfactory, but there were some worrisome incidents relating to the transport and treatment of suspects and prisoners. On 27 February, a suspect from the enclave district of Oecussi was brought to Dili under UNMIT police escort. At the helipad in Dili, about a dozen F-FDTL members armed with long-barrelled weapons forced UNMIT police to hand over the suspect. On 28 February, F-FDTL elements arrested a man for allegedly throwing a stone at their vehicle and brought the suspect to the Dili Police Watch House where, shortly afterwards, members of the Joint Command arrived and beat up the suspect, levelling firearms at an UNMIT police officer when he tried to prevent the assault.

18. In its activities in Ermera District directly aimed at obtaining Salsinha’s surrender during the state of siege, the Joint Command had a clearly defined internal security role. However, in areas outside of Ermera where a state of siege no longer applied, F-FDTL and the national police took on additional internal security functions and duties that were not coordinated with UNMIT police. Those activities continued without legal basis after the end of the state of siege on 22 May, even though the Prime Minister agreed with my Special Representative that the Joint Command had no operational role after the end of the state of siege. For example, for several days starting on 5 June, F-FDTL conducted night patrols in Dili, deploying three six-man armed squads reportedly to deter fighting between martial arts groups. Activities initiated by the Joint Command continued even after the Command itself was disbanded on 19 June. As at 8 July, 23 static security posts, originally established by the Joint Command, were still in neighbourhoods scattered across Dili staffed with 258 national police officers who do not report through the normal police command structure led by the UNMIT Pol