East Timor Law and Justice Bulletin

Source: Pro Bono Australia Posted: 03-11-2008

When international aid agency Oxfam Australia released its latest report highlighting food shortages in the Asia Pacific region and in particular East Timor, it wasn’t counting on a war of words with the Timor-Leste Government.

As part of World Food Day, Oxfam released a report showing that people in parts of East Timor are now facing up to five months a year without enough food to eat.

Oxfam Australia Executive Director Andrew Hewett said at the launch that much of the region was being hit hard by the food crisis in both urban and rural areas due to increasingly erratic weather, increased biofuels production and growing consumer demand in China, India and advanced Southern countries.

Hewett said a survey prepared last year and now released in Australia by Oxfam, the Christian Children’s Fund, Concern Worldwide, CARE International Timor-Leste and supported by the European Commission Food Security Program, showed increasing food shortages in East Timor.

Key findings of the survey, which was conducted in the districts of Manatuto, Liquica, Manufahi, Bobonaro, Oecusse, Covalima and Lautem, included:

1. Diets lack protein and throughout the survey area the number of children under 5 suffering from chronic malnutrition ranged from 50 per cent to 59 per cent.
2. More than 70 per cent of households surveyed were "food insecure" - that is, not confident they would find enough to eat each day; in some areas as high as 90 per cent.
3. An urgent need to invest in small scale farmers to support variety and quantity of crops.

Hewett said East Timor was just one of the countries being hit hard by the global food crisis throughout the region.

However a week later, a spokesman for the Timor-Leste Government, Secretary of State for the Council of Ministers, Agio Pereira, said that international aid agencies like Oxfam need to be more responsible when using nations like Timor-Leste as case studies to promote their own organisational agendas.

He said during Oxfam’s recent campaign for World Food Day, their portrayal of the food security situation was considered inaccurate.

Pereira said that in the last five years, the Timorese have been the source of over 1200 studies and an equal amount of surveys from a wide variety of international aid agencies like Oxfam.

He said they are all conflicting in methodology, data, findings and recommendations. We are calling for a more coordinated effort across agencies in delivering a sound and accurate assessment of the progress made in Timor-Leste.

Periera went as far as to say that it is becoming more evident that organisations like Oxfam believe good news stories do not equate to robust donations.

He said when you have dozens of aid agencies competing for donor funding, small developing nations like Timor-Leste become part of the ongoing pitch rather than a vital part of the dialogue to demonstrate how concrete donor funding in coordination with a pro-active Government investing heavily in food security can produce significant results.

In his counter claim, Pereira stated the IV Constitutional Government of Timor-Leste has taken significant measures to ensure food security focusing on integrated campaign in ensuring citizens have access to food, not to mention the other international aid agencies in Timor-Leste working for the common goals.

Currently, Timor-Leste has 16 international agencies from 24 donor partners working under a coordinated effort between the Government, the World Bank and UNMIT.

Periera concluded by saying while these organisations do tremendous work, they have become highly corporatised in their pursuits to contribute to the development of small, post-conflict nationals like Timor-Leste.

Oxfam’s Andrew Hewett says he stands by the report which is based on an in-depth survey of conditions in Timor-Leste.

Hewett says Oxfam will continue to work with the people of Timor-Leste and with the Government as it has since 1999 to improve food security in that country.


Image: East Timor woman with children in field.

16 October 2008 : By Rob Taylor CANBERRA (Reuters) - East Timor is facing a food crisis and more than half the fledgling country's youngest children are now going hungry as global food prices soar, a new aid report warned on Thursday.

OCHA/UNMIT Integrated Humanitarian Coordination Team Humanitarian Update 8 - 21 November 2008

CAMP DECOMMISSIONING
• The EWASH-WG group has presented a letter to the Ministry of Infrastructure, attached to a list of prioritised camps (from where IDPs have left,) requesting equipment from the Ministry of Infrastructure to flatten the sites. Negotiations with the Ministry of Infrastructure are continuing in order to bring the cost of their service to NGOs down to only the cost of fuel. DNSAS was approached to investigate the idea of borrowing their equipment to level public sites.

• The EWASH-WG continues to decommission IDP camps as IDPs are facilitated to return by the Ministry of Social Solidarity (MSS). Decommissioning activities have been ongoing in the following camps:

- Airport: This camp is on the Ministry of Infrastructure’s list to backfill septic tanks and to level the ground. Out of 16 septic tanks in Airport, Mukun Timor Diak (MTD) managed to empty only two tanks. Other tanks could not be emptied because the contents became hard. It was suggested to backfill all of the septic tanks.

- Balide Igreja: Oxfam is continuing the rehabilitation of the site with its own team in the absence of agreement with the Ministry of Infrastructure.

- Obrigado Barracks: This camp’s levelling is awaiting negotiations with the Ministry of Infrastructure. The United Nations Children’s Fund (UNICEF) is initiating general cleaning in the camp through the Dili District rubbish collection team.

- Metinaro: Plan conducted repair and maintenance training with 42 WatSan committee
members and distributed repair and maintenance tools to six WatSan committees. They also cleaned out ten water tanks, maintained nine dig wells and tube wells, and conducted maintenance and repair work on three tube wells.

- Motael: Plan made a number of visits to pump out stagnant water.

- Hera: Oxfam is continuing to organise the rehabilitation of this site.

With the return of IDPs from Central Pharmacy, SD Farol, Yayasan Hak, Belun, Fokupers, Radio Loriku, and Igreja Hosana IDP camps, more than 10,400 IDP families will have received a recovery or reintegration package under the Hamutuk Hari’i Futuru National Recovery Strategy; 40 IDP camps have now closed according to MSS.

Maps reflecting the movements during the reporting period are attached at the end of this Update. A breakdown of information from MSS relating to the latest IDP movements is as follows:

• The return and reintegration of IDPs who wished to return home from SD Farol, Yayasan Hak, Belun, Fokupers, and Radio Loriku IDP camps commenced on 13 November, with a total of 200 families assisted.

• Movement out of Central Pharmacy (SAMES) IDP camp occurred on 19 November. A total of 57 families were assisted. The camp is now closed.

• Movement out of Igreja Hosana IDP camp will commence on 25 November. A total of 100
families are being assisted.

• Movement out of Igreja Becora is expected to commence on 27 November.

• The verification process is complete for the Baucau IDP camps. The verification process is ongoing for Cathedral, Igreja Motael, Lecidere and Metinaro camps.

• Additional Agency specific information relating to camp movements is as follows: During the reporting period, IOM assisted MSS with the movement out of Escola Primaria, Yayasan Hak, Radio Loriko, Central Pharmacy (Sames) and Belun IDP camps. IOM is liaising with Central Pharmacy (Sames) authorities to ensure that the two remaining families who would like to be transported to the districts are able to stay in the camp while MSS finalises their verification.

Plan Water, Environment and Sanitation (WES) team facilitated IDP movement from the Farol IDP camps.

IDP MOVEMENT TO THE DISTRICTS

IOM assisted MSS with the movement of IDPs from Escola Primaria (Farol) camp, Belun camp, Canossa Balide camp and EDTL Comoro camp to the following districts: Baucau, Los Palos, Ermera, Ainaro and Maliana. Further movements to the districts (Suai and Viqueque) from these camps are scheduled to take place but are pending verification.

PREPARATIONS FOR RETURN

To ensure a smooth preparation for return, the IOM Return & Reintegration Team (the Team) has analysed the return intentions assessment data and linked it with information gathered by the MSS dialogue team for Metinaro sub-district. The result of the data assessment shows that 56 families reported to have their houses occupied and that some IDPs decided to have Go and See Visits.

The IOM Return and Reintegration team held a first meeting with the MSS Dialogue Team, CRS and Care International to discuss plans, strategies and the follow-up activities as needed, in response to the data. The Team has started procedures to safely prepare the Go and See Visit by informing the Chefe de Aldeias and confirming the concerns of the IDPs. IOM will continue organising the facilitation of this week’s Go and See Visits with the MSS Dialogue Team and other agencies. The Team has distributed the lists of the assessments made and houses occupied to the MSS Dialogue Team and other agencies including CRS, Care International and Belun. The Team will be working with MSS and the agencies to continue with the approach listed by the Chefe de Aldeias for the families concerned prior to return and will also facilitate the mediation process for the families with occupied houses.

TRANSITIONAL SHELTER UPDATE

Karantina should not be considered as an available site, due to serious problems with water shortages, despite continuous water trucking by Triangle GH. Social jealousy and now a new market next to the site imply serious challenges. From an operational perspective, the following sites are available: Becora I and II (19 rooms) and Tasi Tolu (75 rooms).

The table below shows the current occupancy rate for transitional shelters in Dili as of 24 November

Additional information about the Transitional Shelter sites is outlined below:

• Tasi Tolu: People are constructing houses on the southern hills of Tasi Tolu, with no access to water. They are destroying the fence of Tasi Tolu to gain access to water from the site. There is possibility of tension if the number of houses increases in the near future. There is currently no security guard at this site.

• Karantina: The market has been moved from the previous location to the area between the police station and the transitional site. There are tensions due to lack of space in the area; MSS negotiated with the Chefe de Suco regarding a border for the market. NRC will build a temporary fence between the market and the transitional site. The lack of water for this site is still a concern. However, Triangle GH continues to provide sufficient water for the current number of residents. There have been no repairs to the DNAS line.

• Becora UNITAL, I and II: Triangle GH has conducted a WatSan training for the newly established WatSan committee. Ten women participated in a four day training on family planning by Marie Stopes International.

• Becora Market: There have been a number of small internal incidents between families but is reconciliation ongoing. Family planning trainings are planned.

• Hera: The site is awaiting MSS intervention to determine the status of the buildings at this site that are claimed by IDPs as previous residence.

POST RETURN MONITORING

IOM and partners have discussed and finalised the follow-up form to be used for subsequent rounds of monitoring in their return monitoring project. The third round of monitoring will begin on 24 November. The second round monitoring forms continued to be entered in the database (over 700 interviews were conducted). IOM estimates this process will be finished in one week, after which the Project will analyse and produce the second report for the October round of data collection. Individual cases of concern picked up by the monitoring teams continue to be referred to HHK partners capable of appropriate response.

IOM is also in the process of developing a focus group methodology for the third round of monitoring, which will be implemented in a targeted number of Sucos/Aldeias so as to provide more in-depth information on the return and reintegration process.

HAMUTUK HARI’I FUTURU

• Strengthening Institutional Structures and Mechanisms for Dialogue Project

The six MSS/UNDP dialogue teams currently working across Dili have been supporting the return and reintegration of IDPs relocating from camps including SD Farol, Belun, Yayasan Hak, Fokupers, SAMES, and Igreja Hosana. The pre-movement activities are underway in Igreja Becora and Lecidere camps and the Dili teams are currently working in their respective sub-districts to prepare the way for the return of the many IDPs to be relocated from Metinaro camp.

On 21 November the Baucau Dialogue Team attended a meeting at the Baucau Sub-District Administrator’s Office to discuss priorities for dialogue of representatives of ten Sucos in Baucau Sub- District. In the week commencing 24 November, the Baucau Dialogue Team will conduct preparatory visits to Viqueque: Uatulari, Uatucarabau and Vila to assess dialogue needs there.

In total the teams have now facilitated over 200 mediations between families wishing to return and families either opposed to their return or occupying their former homes.

During the first and second week of December, the MSS/ UNDP dialogue teams will be conducting community dialogues in Lissapat (Ermera), Bairo-pite, Cristo Rei, Mascarinhas, and Metinaro.

• Preparations to assist the return of the families living in Becora Church camp are ongoing. Four families have been identified as having concerns about their return (three cases in Cristo Rei and one in Dom Aleixo). This week the IOM Return and Reintegration team with the MSS Dialogue Team has begun to address these cases.

The IOM team has been assisting the IOM SLS and the MSS Dialogue Teams with the Farol camps closure (Belun, Escola Primaria, Fokupers, Yayasan Hak no Radio Loriko). Some cases are still pending. Some concerns were raised with regard to the return of some families to the area of Kampung Alor. The families have returned and a dialogue is being prepared. In the meantime the Team has been closely monitoring the families.

The Team has been accompanying the closure of the Central Pharmacy IDP camp and specifically assisted the two families who had reported having their houses occupied. The MSS Dialogue team organised a meeting to discuss the unresolved problems of Aldeia Fatuc Fransisco and Terminal. The objective of the meeting was to create a new method to respond. The next meeting is expected to have a broader representation from lower lever local authorities, related institutions (for example, Land & Property) and the Sub-district administrator in order for the Government to respond to the rights of communities. The Return & Reintegration IOM Team actively participated in the meeting withinputs and opinions on how to respond to these problems.

• NRC has finished the works of office improvements for five of the MSS / UNDP Dialogue Offices in Dili, Metinaro and Gleno.

Source: Joint NGO Security Office and UNMIT - The overall security situation in Timor Leste has been calm during the reporting period. Dili has been generally quiet with few incidents of note. A fatal hit and run traffic accident involving a UN vehicle caused some concern but so far does not appear to have generated any hostility to the UN or to internationals more generally.

However, tensions have increased at Metinaro IDP camp. The districts have been mostly quiet although some issues remain in Beaco in Viqueque. There have been a number of relatively serious but one-off and unconnected incidents such as Martial Arts Group fighting and illegal checkpoints in a number of districts.

Additionally, the following are of note:

Categories 28 Oct – 5 Nov 5 – 11 Nov 11 - 19 Nov
Group Fighting 1 0 0
Assaults 32 45 44
Family Related Assault 13 9 14
Weapon Possession 0 1 0
Discharge Firearms 0 0 1
Illegal Checkpoint 0 2 0
Arson 0 1 0
Homicide 1 1 1
Public Disturbance 0 1 0
Disorderly Behaviour 13 8 9

These statistics represent only those incidents reported to the UN and UNPol over the reporting period.

29 OCTOBER – 5 NOVEMBER

• There were 68 recorded incidents across Timor Leste. This is higher than the last reporting period (60). UN Police (UNPol) made 120 arrests. It should be noted that the UN recently improved its ability to collect crime statistics so will see an increase in the figures which may not necessarily be reflective of a deterioration in the security situation.

• The second and final payment to the Petitioners began.

• Parliament passed a draft law on voluntary recruitment for the military following on from which
the F-FDTL announced that it intends to recruit 600 persons in 2009.

• On 4 November, a petition signed by over 1,400 veterans was submitted to the Prime
Minister by MP Roque Rodrigues. The Petition claims that the 2006 veterans’ law is discriminatory.

• Preparations for the deployment of F-FDTL units to assist border policing continue.

• In Ermera on 6 November in the vicinity of Houmbai village, $5 dollars was demanded by local
people from passing UN staff as they had cleared a fallen log off the road. UNPol are investigating.

• On 5 November, members of the Korka Martial Arts Group conducted an illegal checkpoint at
Bulhomau village in Lautem as a result of fighting the day before. Police responded and arrested 17 people.

• On 9 November in Molop village in Bobonaro, four men were arrested for possession of
homemade firearms in the wake of reports of fighting in the area.

• Tensions reportedly continue in Beaco village between the village and members of the CPDRDTL
group who are at large in the hills near to the village. Police are attempting to deal with the
situation through dialogue.

13 – 20 NOVEMBER

• There were 69 recorded incidents across Timor-Leste. This is higher than the last reporting
period (68). UN Police (UNPol) made 67 arrests.

• It is reported that some limited hostility to the UN remains in the vicinity of Comoro Police
Station as a result of the Hit and Run in the last reporting period. This has resulted in some isolated incidents of stones being thrown at UNPol vehicles in and around the Comoro Police Station/Comoro Markets.

• The PNTL continue to conduct checkpoints in Dili.


Image: Australian Federal Police officer comforts an East Timorese child.

21/11/2008 Media Release Timor Aid National Trauma Healing Conference in Dare with Capacitar International - This week Timor Aid in partnership with Capacitar International, an organisation specialising in trauma and community healing from California, conducted a national conference on Trauma Healing and transformation in Daree, a peaceful sub village in the hills of Dili. The conference reviewed and developed self healing practices, theories and the understanding of trauma symptoms in order to help people cope with the impacts of trauma and fear in their everyday lives.

The training was hosted by two “Capacitar International” trainers, Joan Condon and Nina Jusef, who come from Canada and Indonesia, in conjunction with Timor Aid Capacitar Trainers. The participants were previously identified as leaders in their communities as part of Timor Aid’s Trauma Healing and Transformation Project and they were brought together from every district in Timor Leste to meet in Daree for the week.

During the week of the conference participants built on their training and learned more theory about the body and brain and the negative impacts caused by trauma, especially living in a society where there are multi layers of trauma from war, occupation, domestic abuse and civil unrest. They also practiced many different healing exercises and techniques such as tai chi, massage, acupressure, visualisation, active listening and identified further their own experiences and that of their community in discussion with each other.

One participant Veronika Luruk Muki described her first experience with the meditation techniques and Capacitar training, “For me this was a new experience, before I don’t feel I have the opportunity for this kind of training, this help, during the meditation practice, I felt something different inside, I never felt like that before and felt like I wanted to fly. This knowledge for how to make myself calm and for healing is good. I think that trauma healing is a priority in this country because it will reduce violence and make people aware of who they are and they will be calm, and feel more peace and love for eachother and realize their positive abilities.”

Groups were asked to discuss what other factors have made the country and people traumatised, they singled out the biggest impacts currently came from domestic abuse and violence, the lack of justice in Timor Leste, that there was always some conflict and no rest, the political leaders were not united, the influence of many negative rumours and gossip, and also that people have not had enough education and knowledge. They also mentioned the trauma still existing from the harmful attitudes of the Portuguese during the period of colonization, being occupied by the Japanese and Indonesians and the 2006 crisis.

At a recent Trauma Healing and Transformation Project training in Ermera on 6th November, Madelina Fernandez, a police investigator from Ermera when asked why did she attend Timor Aid’sTtrauma Healing and transformation training she said that because of her role in the community, “I often have to face people and victims, even if I cannot cure them we are the ones that can help them reduce their trauma, we can apply what we have learnt and help them.. before we would have to refer everyone to Pradet but now we have increased potential to soothe and to help.”

Timor Aid’s Trauma healing and Transformation Project has been implemented in all 13 districts since 2003 as part of their Integrated Poverty Alleviation Project East Timor funded by the European Commission. The project gives training to enable people to better understand their trauma and ways to heal themselves, and then help others in their communities using the principles of Capacitar. The basis of Capacitar is healing oneself through mind, body, spiritual and social awareness using simple techniques and theory that can be easily practiced every day.

Timor Aid chose to work in Trauma healing because of there being so many people affected by Traumatic experiences in their lives and that there is a lack of capacity in the districts to support them. The International Rehabilitation Council of Torture Victims (IRCT) found in October 2000 96.6% of the population had or is experiencing trauma and the medical clinics around the country only have the capacity to deal with the seriously mentally ill.

Timor Aid’s central mission is to build and strengthen the Timorese people’s capacity, so in order to help others and improve the situation we need to start with ourselves, as Fidelio da Costa, Timor Aid’s Trauma healing and Transformation Project manager said, “ Many of us struggle with certain fears, things from our past or recent experiences , which make us feel depressed, unmotivated, angry, scared and not confident but by following some simple practices and relaxation techniques every day and learning about ourselves and these impacts, we can feel calmer, feel good about ourselves and then be better able to overcome our fears and improve our lives and the conditions of the country.”

27 November 2008 Tempo Semanal Accused - According to the statement of the Minister of Justice for the IV Constitutional Government of East Timor that Lucia Lobato published in the Timor Post (click) , Suara Timor Lorosae (click) 21 Nov 2008 and the Diario Nacional (click) 24 Nov 2008, Her Excellency the Minister of Justice has lodged a case with the Prosecutor General's Office against the Tempo Semanal newspaper, furthermore the Minister states that the Tempo Semanal has defamed her as a Minister, breached her privacy and that the Journal and its journalists have violated the journalist ethical code.
-----
Tuir deklarasaun Ministra Justica IV Governu konstitusional, Lucia Lobato ne'ebe publika iha jornais diario STL no Timor Post edisaun (21/11/2008) ho Diario Nasional edisaun (24/11/2008) katak S. E. Ministra Lucia Lobato hatama ona keixa ba Ministeiru Publiku hasoru jornal Tempo Semanal tan tuir ministra ne'e katak jornal Tempo Semanal halo ona difamasaun ba Sua Ministra ninia Privacidade no Jornalista jornal ne'e kontra kode etika jornalismu nian.

Image: East Timor Minister for Justice Lucia Lobato

East Timor: Oil Fund expected worth US$4 billion by December [ 2008-11-28 ]

Lisbon, Portugal, 28 Nov 2008 - East Timor's oil fund, managed by JP Morgan Chase Bank, in December is expected to be worth US$4 billion, East Timor's Foreign Affairs minister, Zacarias da Costa said Thursday in Lisbon.

In an interview with Portuguese news agency Lusa, the minister, who is in Lisbon as part of a delegation accompanying Prime Minister Xanana Gusmao on a visit to Portugal, said that 10 percent of the fund would be invested in Europe and, 'perhaps' in Portuguese banks, which would manage that part in euros.

'We want to diversify our portfolio. Our fund is in the United States, invested in traesury bonds. But, with the recent crisis, with changes in the value of the dollar on the market, with the entire international situation as it is, we are going to diversify and are looking into that,' he said.

In its most recent report, on the quarter ended September 30, the East Timor Banking and Payment Authority said that the fund’s capital stood at US$3.738 billion, as compared to US$3.203 at the end of June.

In August 2008, the US treasury bonds held by the Oil Fund were transferred from the Federal Reserve Bank of New York to the JP Morgan Chase Bank although the former continues to deal with the securities on behalf of the fund and keeps its account open ready to exclusively receive oil revenues. (macauhub) http://www.macauhub.com.mo/en/news.php?ID=6492

Wednesday 8 July to Friday 10 July 2009, Dili, Timor-Leste

The Timor-Leste NGO Forum, RMIT University, Australian Volunteers International with Charles Darwin University and Caritas Australia.

Ten years after the 1999 vote for independence, this conference will consider how nation-building is being experienced and responded to across urban and rural communities in Timor-Leste. Broadening the discussion beyond that of *state-building*, the conference would
consider some of the myriad ways the new republic has been *built*, not only from policy and programmatic initiatives but also from grass roots experiences and perceptions of how Timor-Leste as a nation is seen and understood.

The conference seeks to explore and understand what appears to be one of the most significant characteristics of the nation-building process in Timor-Leste, namely the sharp distinction found between urban and rural communities, especially between Dili as the capital and the
hundreds of agricultural communities where the majority of the population live. Dili has emerged as the centre for economic and political power in a way that is extraordinarily disproportionate with the remainder of the country, while rural areas often remain highly isolated and continue to be dominated by subsistence agriculture.

Differences in access to services-from running water and electricity, communication networks, adequate roads and transport, schooling and health-are among the more obvious differences alongside lack of access to paid work or opportunities for business development. The distinction
between the centre and the periphery is found in everyday discourse in Timor-Leste, where it is the norm for people to speak in oppositional terms about *Dili* and the *foho* (literally meaning mountain but used to refer to non-urban communities).

While acknowledging the sharp distinctions, the conference would look beyond assuming an urban/rural disconnect. Firstly, while bringing much-needed attention to issues such as the lack of access to services, information and formal power in rural areas, this conference will
explore how rural communities have actively responded to the challenges of nation-building on their own terms. Secondly, the conference will attempt to consider the ways in which the urban and the rural in Timor-Leste interconnect with one another, not just in terms of the
movement of people or economic interaction, but also in terms of how national-identity is understood.

Presenters are encouraged to consider the more general character of nation-building in Timor-Leste, conceptually exploring the character of that process over the last ten years. Equally, the conference will also give an opportunity to practitioners and community members to draw out
concrete examples of community experiences of nation-building, especially with an emphasis on the key themes of gender, justice, peace and security, development and governance. For instance, how is justice practiced or gender understood differently across the two domains, how
do socio-cultural differences between urban and rural communities impact opportunities for peace and security, and what are the different forms of governance that dominate the political *centre* and the *periphery*.

Discussions are continuing with East Timorese Government, civil society partners and potential donors. Further details regarding the conference will be sent out over December 2008 and January 2009 (such as the registration process and conference venue).

Please contact damian.grenfell@rmit.edu.au if you have any queries in the meantime.

ETLJB 28/11/2008 - Recalling that the vast majority of the population of East Timor eke out a precarious daily existence degraded by the humiliations of poverty; terrorised by a litany of unending and unspeakable horrors inflicted on their minds and bodies from within and without their troubled world; robbed of their dignity as human beings and their right to life by deprivations, untreated physical sickness and deep psychological injuries and scars, East Timor Law and Justice Bulletin urges you to watch 'The Host of Seraphim' by Dead Can Dance and, then, if your conscience is shocked by the poverty and despair conveyed by this audio-visual, give generously to those performing charitable works in East Timor.

A complete list of humanitarian organisations operating in East Timor may be viewed at East Timor Directory.

Dili, East Timor, 27 Nov 2008 – Poverty 'increased significantly,' in East Timor between 2001 and 2007, according to a report presented Wednesday in Dili by the World Bank and the country's Finance Ministry.

The report also concludes that, in those six years, 'the non-oil sector stagnated.'

The report entitled, 'Poverty in a Young Nation' concludes that half the Timorese population is poor, living on the equivalent of less than US$0.80 per day and a third of those poor live in conditions of 'extreme poverty.'

The document is based on the Timor Leste Standard of Living Study (TLSLS) completed in January 2008, carried out by the National Statistics Directorate with the support of the World Bank.

Original source: http://www.macauhub.com.mo/en/news.php?ID=6487

Poverty, which affects 49.9 percent of the population, increased from the 36.3 percent figure pointed to in 2001 by the first TLSLS.

The report shows that East Timor’s Gross National Product (GNP) has 'stagnated' and that, 'this decline is not surprising and is in line with the stagnation of the non-oil sector in the same period,' from 2001 to 2007.

In per capita terms, the 'real' non-oil GNP fell 12 percent in the period, 2even despite income having increased a lot and there having been a rise in Gross National Income.”

Survey taking of 4,447 families began in April 2006, but had to be stopped a few weeks later due to a political and military crisis.

Work was re-started in January 2007 and carried out without interruption up to the start of this year. (macauhub)


Image: East Timor Poverty: Children scramble through the garbage.

Dr Jean Berlie University of Hong Kong

12.30-1.30 pm, Wednesday 3 December Room 1.04 Coombs extension, ANU

Abstract
Although East Timor has been independent since 2002, it continues to be heavily dependent on the United Nations, Australia, and donor countries. A new type of governance and planning may reduce the impoverishment of the people and the unemployment of the youth. Among other possible options, the implementation of new laws on education may help to develop the country. Mobilization of the majority who cultivate the land may restore the confidence, courage, and creativity of the Timorese.

Bio
Jean Berlie is a research scholar based at the Centre of Asian Studies, University of Hong Kong. He has published extensively on South Asia, North Asia and South East Asia.

PRESIDENCIA DA REPUBLICA
GABINETE DA PRESIDENCIA

DEPARTAMENTO DE COMUNICACAO SOCIAL

English

27 November 2008

Press Release

President Ramos-Horta Condemns the Terrorist Attack in Bombay-India


The President of Republic and Nobel Peace Prize Laureate, Dr Jose Ramos-Horta, today most strongly condemned the terrorist attack that took place in India in the city of Bombay, also known as Mumbai, killing at least 82 people according to the international media report.

“This cowardly attack on innocent civilians deliberately targeting American and British Citizens, must be condemned by all, and must rally all countries to pursue the fight against terrorism even more relentlessly,” said President Ramos-Horta.

“This terrorist attack, coming after the landslide election victory of President elect Barrack Obama, who is supported and admired by millions around the world, highlight the real aim of the terrorists and other extremists around the world”.

“They are not interested in seeking dialogue and peaceful means to resolve whatever differences they might have with the West. It is self evident that whoever is in the White House in the United States, terrorism will not stop,” the President said

President Jose Ramos-Horta, express his profound sympathy and solidarity with the Indian Government and people, and all the victims of this latest terrorist attack in India. END

Contactos: telefone:(+670) 333 9003, telemóvel:(+670) 723 0160, e-mail Dep. Com. Social rriko .joel@gmail.com, ou motaana48@gmail.com


Image: President of East Timor, Jose Ramos-Horta

Source: Government of East Timor MediaNet Press Release Wire 25/11/2008 Tuesday 6:00 PM AEST

East Timor continues development plans for Greater Sunrise

Dili, November 25, Norwegian Petroleum experts have descended on Dili to attend a four day workshop hosted by the newly formed National Petroleum Authority.

The Secretary of State for Natural Resources, Alfredo Pires, opened the forum made up of international petroleum experts with backgrounds in geology, chemical engineering, process engineering, and petroleum engineering. Pires welcomed them by thanking their input into 'the overall nation building of Timor-Leste through the strengthening of the petroleum industry.' The focus of the forum was to discuss development concepts for Greater Sunrise and ENI Kitan oil fields.

Timor-Leste is confident that ENI Kitan oil field development will begin production in 2010, leaving the nation much less dependent on prospects such as Greater Sunrise.

"The successful development of ENI Kitan gives us the time and the financial security we need to make a prudent and comprehensive decision about our future with Greater Sunrise. In 2009, we will have 14 drilling campaigns in very prospective areas. We still have over 50% of offshore acreage and 100% onshore acreage to release for exploration. So in terms of priority, Greater Sunrise is moving down the list of priorities for Timor-Leste."
Woodside Oil, on the other hand, has listed Greater Sunrise as one of three priorities for 2009: however, Woodside needs any development plans for Greater Sunrise approved by Timor-Leste.

This month in Sydney, Woodside presented investors with their own, unapproved development plans: the first for a floating LNG facility for which Shell currently is taking tenders and the second for bringing the pipeline to Brownfield at Wickham Point in Darwin. This was presented as an 'opportunity to leverage existing LNG plant facilities and infrastructure.'

Conoco Phillips has approval for a 10 MTPA/ LNG at the facility.

Woodside did not present the Timor-Leste pipeline option to investors or the fact that Timor-Leste has made it clear the fourth option would be to leave the oil in the ground for future generations.

Furthermore, Woodside continues to stand by its claims that bringing the pipeline to Timor-Leste is not commercially viable. The position is based on their own study, the "Timor-Leste Gas Export Pipeline Study".

Current independent studies emerging are set to refute Woodside's assertions on commercial viability. A pre-feasibility study with Petronas and a bathymetric survey supported by a Korean consortium, led by an American expert, are producing very positive results to prove the commercial viability for the Timor-Leste option.

A recent MoU signing between the Government of Timor- Leste and South Korea has assured the Timor-Leste option with both the markets and the finance necessary for any LNG project in Timor- Leste.

Review essay by Dr Clinton Fernandes, UNSW@ADFA The UN in East Timor: Building Timor Leste, a Fragile State, by Dr Juan Federer, Charles Darwin University Press, 2004.

Published in Dissent magazine, No 27, Spring 2008.

There has been a plethora of commentary about East Timor. Unfortunately, much of it has been inadequately informed and sensationalist. However, there is a book that deals with the underlying forces affecting the country. It is well informed and clearly written, and its author is uniquely placed to offer penetrating insights about his subject. It is, unfortunately, not very well known. That book is “The UN in East Timor: building Timor Leste, a fragile state” by Dr Juan Federer. This essay will review Dr Federer’s book and highlight some of its salient points.

Federer, who worked closely with the most prominent spokesman for East Timor, Jose Ramos-Horta, was a Latin American diplomat who lived in Jakarta. He visited East Timor in Portuguese times and had planned to live there in due course. The Indonesian invasion changed all that. He married an East Timorese woman and became a crucial figure behind the scenes of that country’s independence struggle for more than two decades. His fluency in Indonesian, Portuguese, Tetum, English, French and Spanish, combined with his ability for hard work and rational, unsentimental thinking has given him a superb command of his subject.

As the Director-General of International Relations for the National Council of Maubere Resistance (known by its Portuguese initials, CNRM), Federer dismisses the image of unity and organisational cohesion promoted to the world during the independence struggle. He writes that CNRM was never more than a concept whose real significance lay in its ability to satisfy the international community’s expectations of a cohesive liberation movement. It served as a legitimate contact point with the promoters of self-determination in the UN and other international bodies. Federer shows that despite its international acceptability, the wider public inside East Timor never consistently accepted CNRM. It was never properly set up, nor did it have periodic meetings, nor adopt policy decisions. But it was “a necessary and useful symbol, which allowed us to fit into expected international moulds as a representative national liberation movement.”

In order to unite all East Timorese in the diaspora, CNRM would be renamed CNRT (National Council of Timorese Resistance). It too was a poorly functioning outfit whose real value was the appearance it gave outsiders that a cohesive liberation movement was in existence. Federer notes that “much attention was given to devising pompous sounding titles and the creation of enough of them to co-opt all the vociferous East Timorese pro-independence activists. Little or nothing existed in terms of substantive constitutional documents, definitions of functions, work procedures, information and reporting mechanisms, or work programs and their implementation.”

The point of such groupings was to “keep alive the fiction that the East Timorese resistance was a well-constituted pro-independence movement, and as such that the struggle fitted into moulds the world could understand.” A crucial CNRM proposal was its peace plan, which argued for a three-phase process to end the conflict with Indonesia. In Phase One, which would last for one to two years, Indonesia-Portugal talks would be held under the auspices of the UN Secretary General, with East Timorese participation. Political prisoners would be released and Indonesian military personnel would be reduced. In Phase Two, there would be a period of autonomy lasting five years, with the possibility of extension for another five years by mutual agreement between Indonesia and the East Timorese population. This would be a transition stage in which East Timorese would govern themselves democratically through their own local institutions. Phase Two would prepare the East Timorese for any future decision on self-determination, ensuring that they would have the technical skills required to mange themselves, their society and their economy. In Phase Three, which would last for a year, preparations would be made for a referendum on self-determination with the population being allowed to choose between independence and integration with Indonesia.

Unfortunately, the collapse of the Indonesian economy and the resignation of President Suharto led to a rapid decision by his successor, President Habibie, to give East Timor a “take it or leave it” offer of autonomy within Indonesia. Should they reject it, they would be granted independence. The CNRM peace plan, which had called for seven to twelve years of preparation prior to any such ballot, was shelved and East Timor broke free within nine months of Habibie’s offer. Its exit was accompanied by an Indonesian military campaign of state-sponsored terror and crimes of universal jurisdiction including systematic and mass murder, destruction, rape, enslavement, forced deportations and other inhumane acts.

Federer writes that “while CNRM and its successor CNRT had been useful symbols to portray the East Timorese opposition to Indonesian occupation as being akin to a conventional pro-independence movement”, they became dysfunctional “once the invader had been removed.” CNRT “conveyed an illusory and misleading appearance of a modern organisational maturity of the East Timorese pro-independence population.” After the departure of the Indonesian troops, Federer and Horta grew deeply concerned with the way the international community was fitting the East Timor situation into a conventional, post-colonial independence framework. As Federer points out, the situation there was actually quite unique: “there was little cohesive organisation and leadership available” there was a traumatised population whose values, especially its civic ones, had been severely damaged by a long, destructive occupation following a most rudimentary [Portuguese] colonial presence that had done virtually nothing to prepare the country to take its place as a viable member of the international system of sovereign states.” Horta, he writes, was “quickly made to realise by some veto-holding UN Security Council members that an international tutelary presence to prepare the country for successful independence” would not be available for the ten or more years required at a minimum but only two or three years at the most.

The command of military operations was formally transferred from the peacekeeping force that liberated East Timor to the UN Transitional Administration in East Timor (UNTAET). It is important to understand that UNTAET did not assist the administration of East Timor but was itself the administering authority. Composed of personnel from more than 100 countries (with the language and cultural problems this implied), UNTAET was immediately confronted with several major problems. Although East Timor had been promised approximately US$500 million in development aid, it had received only US$22 million by March 2000. The funding shortage exacerbated the difficulties caused by the Indonesian authorities’ widespread destruction of the territory’s infrastructure, their evacuation of staff who had previously provided essential services, and their deportation (ethnic cleansing) of 250,000 East Timorese across the border into West Timor. Furthermore, the Indonesian occupation had caused the deaths of nearly 200,000 people. Unsurprisingly, there was a humanitarian crisis.

Federer reminds us that “despite the efforts of their leaders to portray it otherwise, and the often-heroic performance of the resisting population, the East Timor armed resistance did not defeat the occupier and was an almost depleted force in the end.” Indonesia’s departure was the result of a complex international diplomatic and political campaign “in which the military resistance activity was a mere token component.” Therefore, “unlike in decolonization cases where the resistance movements generally became the legitimate and uncontested recipients of sovereignty, the East Timor resistance was not the obvious recipient of sovereignty.” Led by the Transitional Administrator, Sergio Vieira de Mello, UNTAET’s military component was disproportionately large, with nearly 9,000 troops and 200 military observers. Rather than splitting the mission into an initial peacekeeping and humanitarian operation to be followed by a more important and long-term state-building mission, UNTAET’s emphasis was on peacekeeping and reconstruction, with less emphasis regarding the preparation for independent statehood. Yet there was almost no military threat facing the new state. Only a fraction of the total of 10,000 troops was ever needed. With military expenses being easily the highest cost component, a stronger emphasis on state-building would have saved money and prepared East Timor for the challenges of nationhood.

The UN did not focus on state-building in part because funding for peacekeeping missions comes from non-voluntary member-assessed contributions, thus opening such missions to member pressure for a speedy end. UNTAET was therefore put together very quickly. International staff were recruited “from the four corners of the earth to a remote country they had previously never heard of, whose history they did not know, to difficult living conditions, in a mission that was still disorganized and confusing, often on short-term contracts of three to six months.” Some staff were recruited “for their Portuguese language skills on the assumption that East Timor was basically a Portuguese-speaking land.” It wasn’t. Many staff spent the first months of their mission trying to acquaint themselves with East Timor and the last few months trying to either renew their contracts or find another job in some other post-conflict society. Also, as Federer reveals, many foreign personnel “had a strong incentive not to speed up local participation and thus do themselves out of a job, even though readiness to be replaced should have been the attitude of members of a transitional administration.” Federer shows that there was a “total lack of functioning social organisations and governance institutions” in East Timor. The only relatively organized institution that had survived was the Catholic Church. “All the other social ‘organisations’ were basically labels for groupings lacking a proper structure.” Federer cites the Portuguese expression pra o ingles ver (for the Englishman to see) in order to show how appearances were created in order to impress a critical, more powerful foreigner whose approval is sought.

UNTAET hired East Timorese civilians, but they were largely employed in low-level positions with little authority to make decisions. They received less than 1% of the total budget and were paid approximately 20-30 times less than the international staff, most of whom did not possess an adequate knowledge of East Timor’s socio-economic conditions. This resulted in much hostility, much of which could have been avoided “if a sense of inclusion and ownership” had been “fostered from the beginning by involving the people to a greater extent in the design of the Mission”.

More prominent, politically active East Timorese arriving from the diaspora, where they “had not achieved positions of much significance”, saw in all this an opportunity to exploit the political situation. They “began to exhibit a vociferously hostile position towards UNTAET and, following their instincts as politicians, quickly sought to capitalize on the popular discontent developing toward the new authority in East Timor”. They began to call for the termination of the mission and the transfer of its authority to themselves. They also presented themselves as “the local political counterparts that the UN was so keenly looking for to fit its existing operational models.” UNTAET “readily and uncritically yielded to the local challengers that emerged, allowing them to influence the independence timetable.” These individuals pushed for Portuguese to be adopted as the country’s official language, thereby maximizing their own advantage. By “introducing a linguistic barrier, they could exclude the non-Portuguese speaking Indonesian-educated youth from access to the top.” They also pushed for UNTAET to leave as soon as possible instead of calling for “greater resources and a longer-term international commitment to underwrite the essential, necessarily lengthy, institution and capacity building process.” All this “was music to the ears of those in charge of finances in New York, who had been pressing for a quick end” to the mission. In order to exonerate the UN from blame, “an exit strategy was quickly defined” and responsibility for success after independence (or blame for failure, as it happened) was laid in the lap of the East Timorese people.

Federer’s book may discomfit people who romanticize the East Timorese cause, but it is the most useful book I have ever read on East Timor. It is essential reading for those who wish to understand what happened as well as what can be done now.

EU commission commissary urges Alkatiri to cooperate with the Government Radio Televisaun Timor Leste 26 November 2008 - The European Union Commission Commissary, Louise Michel, has urged the former Prime Minister Mari Alkatiri to cooperate with the current Government for consolidating peace and stability within the country.

Claudio Ximenes will not be replaced, says Horta Radio Televisaun Timor Leste 26 November 2008 - President Jose Ramos Horta said he was yet to think about replacing President of the Court Appeal, Claudio Ximenes with other names, yet he [Horta] was concerned about his [Ximenes]’health condition preferring to have more times for having medical treatment.

Peace march not to topple down the Govt: Xavier Suara Timor Lorosae 26 November 2008 - Timorese Social Democratic Association (ASDT) President Francisco do Amaral, said Fretilin's plan to conduct a Fretilin peace march was not aimed at toppling down the current Government.

Defending UN Police for interest of leaders Suara Timor Lorosae 26 November 2008 - Parliamentary MPs said President Jose Ramos Horta's policy of extending the UN police mission in Timor-Leste until 2012 was just for the leaders' interest.

Ermera people disagree with proposed gun law Radio Televisaun Timor Leste 26 November 2008 - A community member of Ermera district, Julio Madeira, said they disagreed with the proposed gun law which was currently being debated in the Parliament.

Guterres calls on local authorities to prevent domestic violence Radio Televisaun Timor Leste 26 November 2008 - Deputy Prime Minister Jose Luis Guterres has called on local authorities and community members in Maliana to help disseminate information on preventing violence against women and children.

Fretilin alleges Govt of hiding rice Radio Televisaun Timor Leste 25 November 2008 - Fretilin Parliamentary member, Inacio Moreira has accused the Parliamentary Majority Alliance (AMP) Government of hiding rice and not selling it to the people, because they wanted to give opportunities to the businessmen for selling theirs.

PM Gusmao damages Timorese judicial Image: HAK Timor Post 25 November 2008 - NGO and Human Right Organisation has strongly criticized Prime Minister Xanana Gusmao, as he [PM Gusmao] does not abide by the recent decision made the Court of Appeal on the illegality of the economic stabilisation funds.

Government does not tolerate violence against women Suara Timor Lorosae 25 November 2008 - Deputy Prime Minister Jose Luis Guterres said the Government would not tolerate any form of violent actions against the women and children in the country.

Fretilin urges justice minister's responsibility Suara Timor Lorosae 25 November 2008 - Fretilin MPs have urged Minister for Justice Lucia Lobato's responsibility for explaining about the law for testimony in the court trial.

Khare praises Portuguese GNR police Radio Televisaun Timor Leste 24 November 2008 - The UN Secretary General Special Representative in Timor-Leste, Atul Khare, has praised the Portuguese GNR Police for their valuable contribution to Timor-Leste.

Border police ready to secure border zone: UPF police commander Radio Televisaun Timor Leste 24 November 2008 - Timorese Border Police (UPF) Commander, Quintiliano Soares said the border police were ready to secure the country’s border zone when the UN Police mission had come to end.

Horta calls on Timorese civil society to keep up with dialog Radio Televisaun Timor Leste November 2008 - President Jose Ramos Horta has called on the Timorese civil society to keep maintaining dialog between the Timorese people because the country's security situation was still volatile.

Children urge Government to create good security situation Radio Televisaun Timor Leste 21 November 2008 - Children representatives have urged the Timorese Government led by Prime Minister Xanana Gusmao to create a good security situation for the children, so that they would not continue becoming victims of acts of violence.

Government to create proper condition for children, says Gusmao Radio Televisaun Timor Leste 21 November 2008 - With levels of violence against children in the country currently high, Prime Minister Xanana Gusmao has pledged that the Government would create proper conditions for Timorese children.

Timor-Leste needs to ensure the right of children: UNICEF Radio Televisaun Timor Leste 21 November 2008 - UNICEF Repetitive Jun King said Timor-Leste needed to ensure the principle of non-discrimination and the rights of children.

Petroleum funds for people and children, says Gusmao Suara Timor Lorosae 21 November 2008 - Prime Minister Xanana Gusmao said the petroleum funds being spent by the Government belonged to the people and was not owned by certain people; therefore Timorese people had the right enjoy this money.

President signs an agreement with Humanitarian Centre for Dialog Radio Televisaun Timor Leste 21 November 2008 - President Jose Ramos Horta has signed an agreement with Deputy President of the Humanitarian Centre for Dialog from Geneva, Andro Marcal, on the assistance for holding dialog in the country.

Reinado was mentally unstable and influenced much by politcs: Horta Radio Televisaun Timor Leste 21 November 2008 - President Jose Ramos Horta said the State had tried to approach the former rebel leader, Alfredo Reinado Alves, to hold dialog, yet at that time Reinado's condition was not stable and influenced much by politics.

Better to have coup, says Alkatiri Timor Post 21 November 2008 - Fretilin Secretary General Mari Akatiri said it was better for Fretilin to have a coup if Prime Minister Xanana Gusmao continued spending the economic stabilisation funds which did not pass in the Court of Appeal.

Fretilin representatives meet with Dili Bishop Timor Post 21 November 2008 - Fretilin Deputy Chief of Bench, Francisco Miranda Branco, said they had met with Bishop of the Dili Diocese, Monsignor Alberto Ricardo da Silva, to discuss the economic stabilisation funds and concerns about integrated part of the State bodies.

Horta urges Parliament to review petroleum funds law Radio Televisaun Timor Leste 20 November 2008 - President Jose Ramos Horta has urged the Parliament to review the petroleum funds if it was a challenge to transfer the petroleum funds.

Legal practitioners urge Government to stop spending stabilisation funds Radio Televisaun Timor Leste 20 November 2008 - A Timorese legal practitioner, Pedro Camoes, has urged the Government to stop spending the economic stabilisation funds because the Court of Appeal has just made decision that the referred funds are illegal and baseless.

Horta's comments a threat for judicial system: Alkatiri Timor Post 20 November 2008 - Fretilin Secretary General Mari Alkatiri said the recent comments made by President Jose Ramos Horta regarding the decision made by the Court of Appeal on the economic stabilisation funds was a threat for the country's judicial system.

Parliament seeks other ways to combat corruption Suara Timor Lorosae 20 November 2008 - The Timorese Parliament has held a seminar on Wednesday (19/11) on how to reduce poverty in the country. The seminar was funded by the UNFPA.

Government allocates budget to construct joint office in border zone Radio Televisaun Timor Leste 20 November 2008 - State Secretary for Security, Francisco Guterres, said the Government would allocate budget for constructing a joint for office in the country's border zone.

Police detains two foreign nationals for bringing false money Radio Televisaun Timor Leste 20 November 2008 - Timorese Police have arrested two foreign nationals because they were suspected of bringing false money worth US $ 3,700. One is originally from Nigeria and another one is from Cameroon.

If there were no stabilisation funds, instability could emerge : Horta Radio Televisaun Timor Leste 19 November 2008 - President Jose Ramos Horta said if there were no economic stabilisation funds set by the Government tehre could emerge instability in the country.

Xanana Gusmao wants to breach constitution: Opposition MPs Timor Post19 November 2008 - The opposition party MPs have strongly criticized Prime Minister Xanana Gusmao who has vowed to continue spending the economic stabilisation funds which was recently decided by the Court of Appeal to be illegal and baseless.

Corruption rooted from Fretilin: MP Maria Paixao Timor Post 19 November 2008 - MP Maria Paixao from the Parliamentary Majority Alliance (AMP) said corruption cases which were currently found within Government institutions took root during the former Fretilin Government.

Inspector Fernandes urges evidences of sale of weapons Timor Post19 November 2008 - Timorese Police Operation Commander, Inspector Mateus Fernandes, has urged MPs who alleged police are selling traditional weapons to show evidences.

Defense force armory to be used for logistics: Brigadier Ruak Radio Televisaun Timor Leste 19 November 2008 - Timorese Defence Force (F-FDTL) Commander, Brigadier General Taur Matan Ruak, said the inaugurating armory would be used for keeping the defense force's uniforms and other materials belonging to F-FDTL.

State secretary for security urges police commander to submit proposal Suara Timor Lorosae 19 November 2008 - State Secretary for Security, Francisco Guterres has urged the Timorese Police commander to submit soon a proposal about making decision to status of the police officers who joined former rebel leader, Alfredo Reinado Alves, during the country's recent crises.

Police seizes bags of rice sold by business in Baukau Radio Televisaun Timor Leste 19 November 2008 - Baucau District Police have seized 15 bags of rice sold by businessmen because they did not sell them based on the standard price set by the Government.

Constructing armory for defence force is state's compromise: Horta Radio Televisaun Timor Leste 18 November 2008 - President Jose Ramos Horta said constructing a logistics armory for the Timorese defense Force (F-FDTL) was part the State's compromises to develop the defence force to be more professional in future.

Gusmao not afraid of legal charge Radio Televisaun Timor Leste 18 November 2008 - Prime Minister Xanana Gusmao, said he was not afraid of facing a legal charge if he spent the state budget for resolving problems and concerns being faced by the country's people.

Govt to continue spending stabilisation funds: PM Xanana Gusmao Timor Post 18 November 2008 - Prime Minister Xanana Gusmao, said the Government would continue spending the economic stabilisation funds worth $240 million, even though the Court of Appeal had made a decision that the referred funds was baseless to be used.

AFP hands over ballistic report to Prosecutor General Timor Post 18 November 2008 - The Australian Federal Police has officially handed over a report on the ballistic examination of evidences related to the assassination attempt on President Jose Ramos Horta on 11 February.

Judge calls on media to respect court's ruling Radio Televisaun Timor Leste 18 November 2008 - A Dili District Court judge has called on journalists to respect the rulings being applied by the court, urging them [the journalists] to respect every court hearing which is closed to the public, as if it was about sensitive case.

Police detains two Bangladeshi nationals Suara Timor Lorosae 18 November 2008 - Timorese Border Police Unit have detained two foreign nationals originally from Bangladesh who tried to illegally enter Timor-Leste through the Bobonaro border zone.

FORUM NGO TIMOR-LESTE
Caicoli Street, Dili-East Timor, Phone: 742-2821; 731-8653

Statement from Civil Society regarding Appeals Court Decision: The Law does not only apply to small and poor people

Timor Leste, as a nation under the democratic rule of law needs to put the supreme law and its offspring higher than the interests of any political party or individual. It is important for everyone, including the sovereign organs of the state, to comply with and obey the decision issued by the Court of Appeals. This will continue to strengthen a democratic state governed under rule of law, giving confidence to every Timorese citizen and to the international community to participate in the process of strong and sustainable development for the future of Timor-Leste.

The objectives of the state, according to Article 6.b of the Constitution of RDTL, include “To guarantee and promote fundamental rights and freedoms of the citizens and the respect for the principles of the democratic State based on the rule of law.”

Civil Society Organizations (CSOs) are important actors in Timor-Leste, with the responsibility to be a bridge between all the sovereign organs and the people of this country. To insure that everyone is included in the process of development in all sectors, it is important for accurate information to be distributed to every Timorese person, from the national level down to each aldeia.

CSOs have long had a clear position about the General State Budget, especially the 2008 mid-year adjustment. From the beginning, we questioned some parts, including the allocation of $240 million to the Economic Stabilization Fund (ESF), and the Government’s intention to withdraw more money from the Petroleum Fund than the Estimated Sustainable Income (ESI = 3% of the money in the fund plus the expected revenues from Timor-Leste’s oil and gas reserves). Eventually, as we all know, the Appeals Court on 13 November 2008 sent its decision to Parliament saying that:

1. $240 million allocated to the ESF violates the Constitution of the Democratic Republic of Timor-Leste (CRDTL), which prohibits secret budgets within the state budget. Also, because the National Parliament cannot exercise its power to monitor such a budget.
Article 145.2 CRDTL “The Budget law shall provide, based on efficiency and effectiveness, a breakdown of the revenues and expenditures of the State, as well as preclude the existence of secret appropriations and funds.”

2. Taking $290.7 million more than the ESI (the ESI limits withdrawals to $396.1 million), for a total withdrawal of $686.8 million, from the Petroleum Fund is illegal because it violates the requirement of the 2005 Petroleum Fund Act that petroleum resources must be managed to benefit current and future generations. The Government failed to follow the requirements of Articles 8 and 9 to give a detailed explanation of why taking more money than the ESI is in the long-term interests of Timor-Leste.

Regarding this decision from the Appeals Court, some people have given their perspectives and opinions about how other sovereign organs should respond. From Civil Society, we see that it is important for everyone to put the interests of the nation above their individual or political interests. This issue is not a game, but an essential step in our actions to strengthen the judicial system in Timor-Leste, as a democratic state under law which follows the Constitution, where no one is above the law.

Article 2.2 CRDTL “The State shall be subject to the Constitution and to the law.”

Article 119 CRDTL “Courts are independent and subject only to the Constitution and the law.”
As a democratic state, we put the Constitution as the highest law in the land. Therefore, we see that there will be serious consequences which will affect Timor-Leste’s development if other sovereign organs refuse to comply with the decision of the Appeals Court:

1) It will weaken Timor-Leste’s judicial system, and will cause criminals to doubt that the courts will carry out their Constitutional functions, increasing impunity in the justice area.
Article 118.3 “Court decisions shall be binding and shall prevail over the decisions of any other authority.”

2) It is very likely to increase political instability and reduce security in the country, which could lead to a situation of fear and insecurity throughout the country. For example, a crisis like the one in 2006 could happen again.

3) It gives an ugly image to the international community, especially the investors we hope will come to develop industry in our country. Timor-Leste will lose confidence from the international community.

4) If some continue not to comply, not to follow the law like this, it creates an atmosphere of inequality before the law, where anyone may ignore the law. This can create an image that the law is only applied to poor and small people, but not to important ones.

By comparison, when sovereign organs truly comply with the decision of the Appeals Court:

5) It will save some money for the State Budget for 2009, which according to a Press Release is $681 million. This budget takes $589 from the Petroleum fund, once more $181 million above the ESI (which the Government estimates at $406.8 million).

6) If will create a good image for all Timorese people and the international community that Timor-Leste, as a democratic state under law, truly values the Constitution and all other laws. This will give confidence to investors and others to trust that the law in Timor-Leste will protect their rights and responsibilities. It will show that the law applies to everyone, not only small people.

After looking at these impacts, we from Civil Society offer the following recommendations:

1) All sovereign organs of the state must understand their powers and functions, to follow all laws in force in Timor-Leste, especially to comply with this decision from the Appeals Court.

2) The Government must stop using the Economic Stabilization Fund, according to the decision of the Court.

3) We ask the National Parliament, as part of their monitoring function, to ensure that the money from the ESF is returned to the state budget, and to prevent the 2009 and future budgets from following a similar scenario.

4) Nobody, neither national leaders, political party leaders, academics, or civil society in general, should politicize this decision. They should put the national interest above their personal or political interests.

5) All our people should obey decisions of the courts, and actively participate in strengthening Timor-Leste’s judicial system.

6) We encourage everyone, including civil society, to continue to demand that all sovereign organs comply with this court decision. We also encourage citizens to communicate with their representatives in Parliament, to strengthen each Parliament Member’s function and power under the Constitution.

7) As everyone knows, the media has an important role in developing this country, and we recommend to all media to communicate information professionally, according to independent and impartial principles of journalism.

8) The President of RDTL should consider his function and power according to Constitution Articles 74.1 and 149. As the Head of State, he should find a way to truly symbolize national unity, maintaining the validity of all laws.

9) Semi-autonomous agencies, especially the Banking and Payments Authority (BPA), should implement the decision of the Appeals Court, in regard to their function of managing the Petroleum Fund.

Dili, 26 November 2008.

Signed by
Together with the Timor­Leste NGO Forum:
NGO Hafoti
Fundasaun Balos
LABEH
Timor Visaun
CDP-Inuritil
TL Comp
La'o Hamutuk
Asosiasaun HAK
Habitat Timor-Leste
Ass. Estrela da Esperansa
Rede Hasatil
OFFD
SANTALUM
KSI
RHTO


For more information and analysis in English and Tetum about the court's decision, with continuing updates, see www.laohamutuk.org/econ/MYBU08/BudgetRuledUnconstitutional08.htm.

MINISTRY OF SOCIAL SOLIDARITY PRESS RELEASE 26 November 2008 MSS assists 381 families from eight camps to return home

During November, MSS has assisted more than 381 families from eight IDP camps to return home. On 6 November, MSS facilitated the reintegration of 14 families from FFDTL Tasi-Tolu. On 13 November, MSS commenced assisting 205 families from SD Farol, Belun, Fokupers, HAK, and Radio Loriku IDP camps to return home. On 19 November, MSS facilitated the reintegration of 57 families from SAMES IDP camp. On 25 November, MSS assisted 105 families from Igreja Hosana to return to their homes.

Each of the families was assisted to return with transport provided by the Ministry of Social Solidarity and IOM. UNPol provided security during the movement from the camps. Each person, including children, has also received 16 kg of rice. Those who are eligible to receive a recovery grant from MSS to help them rebuild or repair their homes can receive the money at the BPA.

The Minister of Social Solidarity, Maria Domingas Fernandes Alves, and the Secretary of State for Social Assistance and Natural Disasters, Jacinto Rigoberto Gomes, have thanked the camp managers at each of the camps for their work over the past two years. They also thanked the SLS agencies ­ IOM, CARE and CRS - for providing the camps with humanitarian assistance, and Oxfam, Plan, and UNICEF for their water and sanitation support to the camps over the past two years.

The MSS/UNDP dialogue teams helped organize preparatory meetings at the camps to support the return of IDPs. The MSS/UNDP dialogue teams have been working with Chefe Aldeias, Chefe Sucos and youth representatives in the receiving communities to try to ensure that the situation in areas of return remains peaceful. The Minister of Social Solidarity, and the Secretary of State for Social Assistance and Natural Disasters, have expressed their hope that IDPs are able to return to their former homes and rehabilitate them in peace.

With the return of IDPs from FFDTL Tasi-Tolu, SD Farol, Belun, Fokupers, HAK, Radio Loriku, SAMES, and Igreja Hosana more than 10,300 IDP families will have received a recovery or reintegration package under the Hamutuk Hari’i Futuru National Recovery Strategy. A total of 41 IDP camps are now closed.

Source: National Directorate on Information Dissemination
Secretary of State of the Council of Ministers
IV Constitutional Government of the Democratic Republic of Timor-Leste
The Government Palace - Avenida Nicolau Lobato - Building 2 - r / c

Unofficial machine translation. Original Portuguese text follows.

CORRECTION: In the text of the press release it issued earlier, the words "reached the 3.7 tonnes," should read "reached the 13, 7 tons."

DEMOCRATIC REPUBLIC OF EAST TIMOR IV CONSTITUTIONAL GOVERNMENT PRESS RELEASE Dili, on November 26, 2008 Report released today shows that poverty increased between 2001 and 2007 in East Timor Government AMP combat legacy of poverty inherited from previous governments

Poverty increased in East Timor between 2001 and 2007, the report indicates "Timor-Leste: Poverty in the Young Nation", released today in Dili jointly by the World Bank and the Ministry of Finance IV Constitutional Government. The report indicates that about half of the Timorese population lives below the poverty threshold and that one-third live below the minimum threshold of poverty, ie in extreme poverty.

Only the next report may show the impact of the measures the IV Constitutional Government is taking the people of East Timor, but, according to the International Monetary Fund, we can already say that the economy of East Timor is currently in accelerated growth: after that, in 2007, growth has been located in 8%, it is estimated that real Gross Domestic Product (not oil) grow 10% in 2008. This shows that the work done by the government AMP - who took office in August 2007 - to reduce poverty and improve living conditions for all East Timorese is already making a difference and achieve positive results for the future of the nation.

The report on poverty in East Timor (Timor-Leste: Poverty in the Young Nation "), based on the findings of the study (" Timor-Leste Survey of Living Standards (TLSLS) for 2007, "conducted by the National Directorate of Statistics, a body attached to the Ministry of Finance, with support from the World Bank, and completed in January this year.

The work of gathering information took place between January 2007 and January 2008, and participated in the survey of 4477 households throughout the country. Together with the first study of its kind carried out in 2001, the "2007 TLSLS" provides an excellent opportunity to monitor the developments in the past six years. It is important to emphasize that we used the same methodology in studies conducted in 2001 and 2007.

Figures for the current situation indicates that about half of the Timorese population lives below the "threshold of poverty" and that if it is considered the "minimum threshold of poverty", a third of the population lives below this limit, ie situation of extreme poverty.

However, according to the International Monetary Fund (IMF), in the last months of 2007 the economy has already undergone a positive momentum, ending the growth is by 8% in the last year. But the big breakthrough is achieved already this year, since the IMF estimates that real Gross Domestic Product (not oil) grow 10% in 2008.

Agriculture was one of the sectors where production increased significantly. In the specific case of coffee, exports in the first nine months of 2008 amounted to 13.7 tons, doubling the figures recorded in previous years.

But the biggest source of growth, the IMF argues, was the huge increase in the money injected into the economy by the government: in the five years preceding the budget implementation totaled 497 million U.S. dollars, from August 2007 until today the implementation budget totals 477 million U.S. dollars, not counting the bonds.

The ceremony to launch the report, which took place this afternoon at a hotel in Dili, the Minister of Finance, Emilia Pires, stressed that "the significant increase in poverty can be explained by the fact that there has been a decrease in non-sustained economy in oil between 2001 and 2007, "citing the report itself to add that" the non-oil income per capita fell 12%, despite oil revenues have grown continuously, as a result of the increase in oil prices. "

Emilia Pires said that the report released today "indicates that the low economic growth between 2001 and 2007 as the main reason for the increase of poverty throughout the national territory."

Stressing that produced until the next report can not see what impact the measures are PMA taken by the Government in the population of East Timor, the governor said that "with the increasing and continuous injection of money into the economy since 2007, the Product Gross Domestic non-oil rose exponentially, which will cause the per capita income grows and thus begin to reduce levels of poverty in popualação the entire country. "

"Despite the international situation is negative, our economy should continue to grow. By improving budget execution, public spending will continue to stimulate the economy, which will be further accentuated by the fact that it is dedicated to much needed investment in basic infrastructure, "said Emilia Pires.

The Minister of Finance stressed that "the budget of 2009 will continue in the same direction. The total budget for 2009 will be 902 million U.S. dollars, which corresponds to the sum of 681 million U.S. dollars of state budget and 221 million U.S. dollars it is estimated will be spent by the partners of development ".

In conclusion, Emilia Pires said that "it is through this kind of investment in our people and infrastructure that we hope that the next study will show that poverty begins to fall and that the lives of the people of East Timor can improve."

END
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Direcção Nacional de Disseminação de Informação
Secretaria de Estado do Conselho de Ministros
IV Governo Constitucional da República DEmocrática de Timor-Leste
Palácio do Governo - Avenida Nicolau Lobato - Edifício 2 - r/c

CORRECÇÃO: No texto do Comunicado de Imprensa que emitimos anteriormente, onde se lê "atingiram as 3,7 toneladas", deverá ler-se "atingiram as 13, 7 mil toneladas".

REPÚBLICA DEMOCRÁTICA DE TIMOR-LESTE IV GOVERNO CONSTITUCIONAL COMUNICADO DE IMPRENSA Dili-Novembro 26, 2008 Relatório divulgado hoje mostra que a pobreza aumentou entre 2001 e 2007 em Timor-Leste Governo AMP combate legado de pobreza herdado dos governos anteriores

A pobreza aumentou em Timor-Leste entre 2001 e 2007, segundo indica o relatório “Timor-Leste: Poverty in a Young Nation”, hoje divulgado em Díli conjuntamente pelo Banco Mundial e pelo Ministério das Finanças do IV Governo Constitucional. O relatório indica que cerca de metade da população timorense vive abaixo do limiar superior da pobreza e que um terço vive abaixo do limiar mínimo da pobreza, ou seja, em situação de pobreza extrema.

Só o próximo relatório poderá mostrar o impacto das medidas que o IV Governo Constitucional tem vindo a tomar na população de Timor-Leste, mas, de acordo com o Fundo Monetário Internacional, podemos dizer já que a economia de Timor-Leste se encontra actualmente em crescimento acelerado: depois de, em 2007, o crescimento se ter situado nos 8%, estima-se que o Produto Interno Bruto real (não petrolífero) cresça 10% em 2008. Isto demonstra que o trabalho desenvolvido pelo Governo AMP - que tomou posse em Agosto de 2007 - para reduzir a pobreza e melhorar as condições de vida de todos os timorenses está já a fazer a diferença e a conseguir resultados positivos para o futuro da nação.

O relatório sobre a pobreza em Timor-Leste (“Timor-Leste: Poverty in a Young Nation”), baseia-se nos dados do estudo (“Timor-Leste Survey of Living Standards (TLSLS) for 2007”, conduzido pela Direcção Nacional de Estatística, organismo ligado ao Ministério das Finanças, com o apoio do Banco Mundial, e concluído em Janeiro deste ano.

O trabalho de recolha de informação decorreu entre Janeiro de 2007 e Janeiro de 2008, tendo participado no inquérito 4477 famílias de todo o país. Juntamente com o primeiro estudo do género realizado em 2001, o “2007 TLSLS” proporciona uma excelente oportunidade para verificar a evolução registada nos últimos seis anos. É importante sublinhar que foi utilizada a mesma metodologia nos estudos realizados em 2001 e em 2007.

Os dados relativos à situação actual indicam que cerca de metade da população timorense vive abaixo do “limiar superior da pobreza” e que, se for considerado o “limiar mínimo da pobreza”, um terço da população vive abaixo desse limite, ou seja, numa situação de extrema pobreza.

Entretanto, de acordo com o Fundo Monetário Internacional (FMI), nos últimos meses de 2007 a economia sofreu já um impulso positivo, acabando o crescimento por se situar nos 8% no ano transacto. Mas o grande salto é conseguido já este ano, uma vez que o FMI estima que o Produto Interno Bruto real (não petrolífero) cresça 10% em 2008.

A agricultura foi um dos sectores onde a produção aumentou bastante. No caso específico do café, as exportações nos primeiros nove meses de 2008 atingiram as 13,7 toneladas, duplicando os números registados nos anos precedentes.

Mas a maior fonte de crescimento, sustenta o IMF, foi o enorme aumento do dinheiro injectado na economia pelo Governo: nos cinco anos anteriores a execução orçamental totalizou 497 milhões de dólares norte-americanos; desde Agosto de 2007 até hoje a execução orçamental totaliza 477 milhões de dólares norte-americanos, sem contar com as obrigações.

Na cerimónia de lançamento do relatório, que decorreu hoje à tarde numa unidade hoteleira de Díli, a Ministra das Finanças, Emília Pires, sublinhou que “o aumento significativo da pobreza pode ser explicado pelo facto de ter havido um decréscimo na economia não sustentada no petróleo entre 2001 e 2007”, citando o próprio relatório para acrescentar que “o Rendimento Per Capita não petrolífero caiu 12%, apesar das receitas petrolíferas terem crescido continuamente, como resultado do aumento do preço do petróleo”.

Emília Pires adiantou que o relatório hoje divulgado “indica que o baixo crescimento económico entre 2001 e 2007 como a razão principal para o aumento da pobreza em todo o território nacional”.

Frisando que até ser produzido o próximo relatório não podemos ver que impacto têm as medidas tomadas pelo Governo AMP na população de Timor-Leste, a governante afirmou que, “com o aumento crescente e contínuo da injecção de dinheiro na economia desde 2007, o Produto Interno Bruto não petrolífero subiu exponencialmente, o que vai fazer com que o Rendimento Per Capita cresça e, desse modo, começar a reduzir os níveis de pobreza na popualação de todo o país”.

“Apesar da conjuntura internacional ser negativa, a nossa economia deve continuar a crescer. Através da melhoria da execução orçamental, a despesa pública vai continuar a estimular a economia, o que será ainda acentuado pelo facto de ser dedicada ao investimento nas tão necessárias infraestruturas básicas”, afirmou Emília Pires.

A Ministra das Finanças sublinhou que “o Orçamento de 2009 vai prosseguir na mesma direcção. O orçamento total para 2009 será de 902 milhões de dólares norte-americanos, o que corresponde à soma dos 681 milhões de dólares norte-americanos do Orçamento do Estado e dos 221 milhões de dólares norte-americanos que se estima serão gastos pelos parceiros de desenvolvimento”.

A concluir, Emília Pires afirmou que “é através deste tipo de investimento na nossa população e nas infraestruturas que esperamos que o próximo estudo possa mostrar que a pobreza começa a diminuir e que a vida do povo de Timor-Leste pode melhorar”.

FIM

Image: Poverty in East Timor

25.11.2008, Pedro Rosa Mendes, special reporter for newspaper PUBLICO - This is the ruthless portrait of a reality we can no longer pretend that it isn’t there. These are some of the truths, hard as nails, regarding a country that dreamt to be different – and that made us dream too.

1. Timor is not a failed State. It is worse. The national project designed a decade ago has failed.

In nine years of freedom, Timor-Leste has not managed to ensure water, power and sanitation for its small capital. Baucau, the second "town", is a more gardened version of the slum that is Dili, thanks to the (officious) municipal management by the diocese.

The rest, the "districts", is a country of mountain ranges for which the Neolithic is the daily life, far from the acceptable human minimum. You get there by roads and paths left by the "Indonesians". There are main roads that have not seen a pickaxe since 1999.

The public good and the needs of the people have been ignored for nine years, with obscene contempt. The best example is the power company: for five years, the Dili power plant did not maintain any of the 14 generators – all of them offered – until the last major machine broke down.

National Hospital Guido Valadares, which is inaugurating shiny new facilities today, is yet to have a proper ultrasonography machine or ventilators at the Intensive Care Unit. There is not a CAT scan machine in the country (even though it costs the same as two of the new cars for members of Parliament); the Timorese girl who moved Portugal had her tumour diagnosed by chance by an American hospital ship that was anchored in Dili. The child mortality rate is only second in the entire world to that of Afghanistan. Post-delivery mortality is alarming. Nevertheless each Timorese woman of fertile age has in average 7.6 children.

A World Bank report is being circulated among diplomats and humanitarians, concluding that "poverty has increased considerably" between 2001 and 2007 (a devastating balance of the Fretilin consulate, as the study uses indicators up to 2006). About half the Timorese live with less than €0.60 a day, and half of these people are children. Timor is a rich country mired in indigence, where leaders insult each other on account of budgets that nobody is even able to spend.

2. The "Maubere identity" is a costly fiction.

The "national" identity of the Timorese political space does not exist, as good historians explain, whenever they mention the "peoples" of Timor in the plural. Under the myth of "Maubere people" there is a mosaic of some fifteen ethnic and linguistic entities, which are defined by opposition (in conflict, separation, mistrust, distance) to the "other", even when allied. This "other" may be an outsider or an insider. It is a type of circumstantial and opportunistic cohesion that dies with conflict, while preparing other conflicts in the future, in cycles of calm and crisis in an island with medieval paradigms.

"Maubere" exploits have finally produced a chronologic reversion. The Democratic Republic of Timor-Leste is the political crystallization of a society that had the enfranchisement of a State before having built an identity to support it.

The affiliation of each Timorese remains their respective "uma lulik" (sacred house) and the lineages that define other territories and other laws that do not include ministers, judges and police officers, but rather monarchs, oligarchs and war chiefs. This is what leaders try to be – or else they will not be leaders at all.

3. The independent State is sabotaged by the resistance structures.

The Timorese State works. However this does not mean that it produces any results, except for the Banking and Payment Authority, the single institution where the focus on building the capacity and empowering local staff and the rewarding of merit have turned the future central bank into an oasis of Nordic probity.

The operative structures of the country are parallel, officious and opaque. They come from the time of the resistance, and there has not been enough courage or intelligence to formalize them in the new State.

An obvious case is that of the Falintil veterans, who have not integrated the new Defence Forces (FDTL). In 2006, it was to 200 of those "civilians" that brigadier general Taur Matan Ruak turned to at a critical time for the survival of the State. The Timorese Defence Staff is, however, being investigated by justice. If this process is not stopped in the inquest stage, perhaps the case of the weapons and the "20-20" militia will open a debate that should have occurred before. The place for "moral reserves" has to be formalized, lest there is no line of separation between patriotism and delinquency. Major Alfredo Reinado illustrated, in a tragic manner, how easy it is to make this leap.

Still, parallel structures do not occur exclusively in the security sector. Former commander Xanana Gusmão does not hide that Caixa, the clandestine "intelligence" network, is still active. The loyalties, reflexes and atavisms of resistance still exist. The "old" voice of command is sometimes the last instance, and even in the Council of Ministers the last argument is sometimes the quality vote by way of a punch to the table.

José Ramos-Horta, removed from Falintil and the woods until 1999, knows that there is more than one way to skin a cat. The head of the State, in line with the masonry symbols trimmed in his shirts, has been for the past two years the second "father" of the Sacred Family. This is a society founded in 1989 by Commander Cornélio Gama "L7", which evolved into a somewhat mystical mix of a religious group, a political party and a vigilante militia. It was "L7", with the blessing of Xanana Gusmão, who presented the candidacy of Ramos-Horta as President of the Republic, in February 2007, in Laga. Several elements of the Sacred Family are integrated in the personal guard of the head of State.

The Timorese Republic is limited and sabotaged by occultism, nepotism, vassalage and cell mentality. However, if it were not for the informal trust and command networks, which also include codes of loyalty and group values, the Democratic Republic of Timor-Leste would have already imploded.

A modern version of States within a State: the last confidential count reports 350 international advisors at the IV Constitutional Government.

4. The ruling strategy for the society is included in the Penal Code. It is called extortion.

The sympathy for the Timorese "cause" has stagnated in an ideal of society and person that is proven false by the frustrating daily experience. Ignorance, trauma, misery and negligence, sprinkled with the poisons of complacence, paternalism and pity, have made behaviours of opportunism, dishonesty, selfishness and falsity seem trivial. Solidarity, generosity and thankfulness have taken a backseat. What is considered marginal or criminal in other places, is often the rule in Timorese offices, businesses, markets, transit or homes.

The "historical leadership" rules over an untreatable country, in passive civil disobedience, which thinks and acts as if the entire world owed everything to it and as if everything was there for the taking, from oil to investment and international attention. Greed and social envy infect the political, social, working and even family domains. "Here everyone gives orders and nobody obeys them", to quote an old Timorese raised with principles that no longer apply in his country.

Current "stability" is purchased with a Christmas every day. Everything is subsidised, from rice to fuel, with a flood of benefits and compensations to an unthinkable range of clienteles. We may say that civil society is a sum of lobbies that receive as much as they threaten with fires and stone throws, from internally displaced persons to petitioners or students.

All this money has produced nothing. Some if it goes to Indonesia, which Timorese nouveaux riches consider to be a safer place for investing. What is left buys motorcycles and cellular phones. Timor Telecom will end the year with 120 thousand clients in its mobile network, a percentage equal to that of countries with three times more income per capita than Timor-Leste.

Most Timorese do not pay for what they use: water, electricity (which is why consumption increases 25 per cent per year, a rate than it impossible to accompany by any infrastructural investment), houses, lands, credit and rice. This model of pillage and squandering is unsustainable for the economy, banking, ecology, demographics and, in time, even politics.

5. Indonesian occupation was ruthless and Timorese leaders are dismantling with zeal what was left: dignity.

The most notorious gangster of the Jakarta underworld in the 1990’s – the Timorese Hércules –presently manages the rehabilitation of the finest garden in Dili. Those who were condemned for crimes against humanity, such as Joni Marques, from "Tim Alfa" (who had Portugal bringing out their white scarves in September 1999 after he had massacred nuns and priests), have returned to their villages with indemnities for houses burned while they were in prison.

In the mixed Commission of Truth and Friendship (CTF), it was the Timorese part that, to the amazement of the Indonesians, tried to obtain a general amnesty for the 1999 crimes, with a persistence that could turn one’s stomach.

The report of the Commission for Reception, Truth and Reconciliation (CAVR), which records 24 years of pain in seven volumes, has been awaiting three years for the honour to be debated in the Parliament. Two dates were scheduled for November; however the holders of political offices have been trying backstage to bowdlerize CAVR’s recommendations.

Mari Alkatiri, Xanana Gusmão and José Ramos-Horta, by fragmenting the memory of the violence, have squandered the capital obtained at the cost of the death of two hundred thousand people (including their loved ones). The legacy of genocide is publicly debased as a risk capital and a visit card. The result is a moral dystopia, a chasm of tremendous proportions where the country is sinking – a country whose sovereignty, in view of its geographic and historical setting, was grounded on what essentially moral legitimacy.

The dead are the noble part of Timor, worthy of rituals and mournings. However, in this land of crosses, mass graves and missing persons, nobody has yet been kind enough to spend 200 thousand euros on a DNA laboratory that would finally enable the dead to be returned to their families.
Injustice and impunity are safe values in Timor-Leste.


6. Timor speaks all languages and none.

Timor is a fiction of the Lusophone community, where Portuguese navigates against a generation that is culturally integrated in Indonesia, against geography, against internal political manipulations and against the sabotaging by several international agencies. The reintroduction of Portuguese can only succeed if Dili shows political firmness regarding its official languages and if both these languages receive the necessary means.

The National Institute of Linguistics has a monthly budget of 500 dollars (more precisely, USD 6,000 per year).

In the "Babel lorosa'e", as Luiz Filipe Thomaz called it, none of the common languages (Tetum, Portuguese, English and Indonesian) is spoken well. A language is the articulation of a world and our place in it. Removed from grammar and vocabulary, a generation of Timorese has reached adulthood and entered the labour market often without knowing such concepts as the law of gravity, time zones or geometrical shapes, just to mention a few easy examples.

The few (three) banks with agencies in Dili receive foreign investment projects with plans that do not include Timorese labour or that view them as dead weight in the payroll, working next to imported workers or technical officers who will be responsible for production.


7. "To enter the United Nations is to be politically untouchable".

A diplomat who enjoys the Javanese shadow theatre said: "The UN in Dili is in sync with the Timorese leaders. They all create ghosts: the great strategist, the great diplomat, the great guerrilla fighter. Otherwise the masks would fall, and it would be very embarrassing..."

UNMIT, one of the most expensive missions of the UN, is slowly sinking in the same moral emptiness of Timorese leaders. Three thousand workers, police officers and military, a formidable critical mass that might be a counterweight to incompetence and foolishness, are crushed by the career-oriented charlatanism of its head of mission, Atul Khare, and by acolytes who see with good eyes in Timor-Leste that which they would never allow in their developed countries. "To enter the United Nations is to be politically untouchable ", explained a senior officer of UNMIT.


8. There is no Portuguese flag in the Timor sea.

There are no Portuguese interests in Timor-Leste, because this country still lacks the minimum conditions for any measurable interest to succeed. Certainly not according to the criteria applied elsewhere. It would be good if our politicians understood this. From 1999 to 2007, Portugal has granted over 440 million Euros to assist the development of Timor-Leste – almost half of the total we spend with cooperation.

Continuing a Portuguese tradition, the post-imperial projections and the fascinations with successive apprentices of Mandela take precedence over the information coming from economical operators in the field. "But you will never hear a Portuguese ruler say anything against Timor", said a Portuguese ruler visiting the country, at the coffee table.


9. "Everything is yet to happen ".

The wound in the body of Ramos-Horta, when the President was lying in a pool of blood after being shot twice, is a gap as deep as the shame of the nation. The resurrection of the Nobel prophet has created a Gnostic Christ, but the stigmata, in this torn land, no longer create religions with the same ease they used to create States ten years ago.

Dili, as a circus with gladiators, boils with young men thrown to the fight. They have no job, no education and no perspectives. Someone tells them: "You are not bandits, you are warriors." But from the Aswain, the heroes of the Timorese mountains, all that remains is the physical courage, a scrap of rituals dispersed by rival groups and the intransigent sacralisation of their territory. This is an explosive mix for the entire nation. "The resistance still exists, but now it has no direction. And without direction, all it can do is fuck things up", says the former Youth advisor to Ramos-Horta, José Sousa-Santos.

"Everything is yet to happen", warned the "spirit" of an ancestor, through the voice of a little girl in Ermera, in the still innocent Christmas of 2005.

Dili, November 2008.

Original Portuguese text (subscription required) is at:
http://jornal.publico.clix.pt/default.asp?url=%2Fmain.asp%3Fdt%3D20081125%26id%3D

Radio Australia 25 November 2008 East Timor Still Facing Weapons Control Challenges - A new report by the Small Arms Survey group says East Timor still has a serious challenges regarding weapons control and management with controlling weapons.

Presenter: Stephanie March

Speaker: Edward Rees, Author of the Small Arms Survey report on East Timor

STEPHANIE MARCH: The mismanagement of government stockpiles of weapons by authorities is a common thread throughout East Timor's relationship with small arms over the past 50 years. Most recently, soldier turned rebel Alfredo Reinado and his followers who were in possession of police weapons shot and seriously injured President Jose Ramos Horta in February this year. Weak government gun control first became a problem in 1959 in the mountain district of Viqueque when a group of anti-imperialist rebels seized 48 weapons from government offices and launched a bloody yet unsuccessful rebellion. At various times over the next five decades non-state groups used weapons taken from both the Portuguese colonisers and then ruling Indonesian authorities to wreak havoc across the tiny nation.

EDWARD REES: And finally in 2006 and 2007, government weapons were misused or distributed by Timorese politicians and or senior members of the security forces and then those weapons were then used against civilians and or their opponents.

STEPHANIE MARCH: Edward Rees is the author of a new report by the Small Arms Survey called "Dealing with the Kilat," which means "gun" in the local Tetum language.

EDWARD REES: So the story from 1959 until 2007 is that there isn't an illicit small arms problem in Timor but there is a problem with managing the weapons in government stockpiles.

STEPHANIE MARCH: His report which is an historical overview cites a number of reasons for poor weapons control.

EDWARD REES: I think the matter of physically weak or inconsequential infrastructure in the form of armouries needs to be addressed, there are weak controls over how weapons and in particular ammunition are checked in and checked out.

STEPHANIE MARCH: Most of the guns distributed in 2006 and 2007 have been accounted for but Edward Rees says there's little indication that weapons management in the police force has improved since the crisis two years ago. Interim Police Commander Alfonso de Jesus told Radio Australia there are a small number of officers who fail to surrender their weapons at the end of a shift. Edward Rees says before 2006 each special police unit was issued with a particular model of weapon. The Rapid Response Unit had FNC rifles, the Border Patrol was issued with HK-33s and the Police Reserve Unit had Steyrs.

EDWARD REES: Now you see that rifles are moving around the police service in what seems like an almost totally ad hoc fashion. So one unit will possess all three types of weapons. I don't know how weapons are, or by what means they are distributed but it would appear that if an officer prefers a green gun as opposed to a black gun that's what he gets.

STEPHANIE MARCH: Alfredo Reinado and his followers were disarmed in 2006. In 2007 they were able to take a number of HK-33 rifles from the Police Border Patrol Unit and roam free in the mountains for the next year. Ironically Edward Rees says it could have been one of those HK-33s that was donated by the Government of Malaysia while Jose Ramos Horta was foreign minister that was used to shoot him as President in February this year. No one predicted the attack on the leadership but Edward Rees says the months following were the first time in history a Timorese Government has taken seriously the problem of arms control. In February the government launched 'Operation Halibur' which successfully applied pressure from the security forces to convince the rebel group to surrender its weapons peacefully.

EDWARD REES: Between July and September of this year something called 'Operation Kilat' which was designed to be a voluntary surrendering of weapons, arms and munitions to the government in which thousands of home made weapons, primarily bladed weapons were surrendered. But also 150 to 200 home made fire arms were surrendered. Something in the vicinity of 100 to 150 grenades were surrendered and thousands upon thousands of rounds of ammunition were surrendered.

STEPHANIE MARCH: In June, the government introduced a new gun law to Parliament but it was widely criticised for seeking to allow civilians to be armed and because it put the power to issue gun licences solely in the hand of the Police Commander. A revised version of the law is to be put before Parliament in the coming weeks.

Original Story at http://www.radioaustralia.net.au/programguide/stories/200811/s2428472.htm

UNDP/UNIFEM
Press Release
Dili, 26 November 2008.

FOR IMMEDIATE RELEASE

UNIFEM, UNDP and The Women Parliamentarians' Caucus of Timor-Leste Promote Major Workshop on Gender Responsive Budgeting

UNIFEM, UNDP and the Grupo das Mulheres Parlamentares de Timor-Leste (Women Parliamentarians’ Caucus of Timor-Leste - GMPTL) are promoting a major workshop with the theme: “Strengthening Democratic Parliamentary System through Gender Responsive Budgeting”. The two-day event aims at increasing the awareness, knowledge and skills of parliament members and support staff regarding the needs and aspirations of women, and how to incorporate them into the national budget.

The event will take place at the conference room of the Ministry of Foreign Affairs at Pantai Kelapa, Dili. The opening ceremony will take place on 26 November at 9:00 hrs.

The government of Timor-Leste has a strong commitment to promoting gender equality. The National Development Plan places gender equality and gender mainstreaming as a core strategy for development. The training on gender responsive budget is a further step in this direction. It will provide MPs and the secretariat with key elements to analyze and implement budgets taking into account a gender perspective.

The opening ceremony will have the presence of H.E. Mr. Vicente da Silva Gutterres, Vice President of the National Parliament, H.E. Ms. Maria Paixão, President of GMPTL (Grupo das Mulheres Parlamentares de Timor-Leste) and Mr. Finn Reske-Nielsen, Deputy SRSG for Governance Support, Development and Humanitarian Coordination, UN Resident Coordinator and UNDP Resident Representative. The closing ceremony will be attended by H.E. Mr. Fernando La Sama de Araújo, President, National Parliament, H.E. Ms. Josefa A. Pereira Soares, the Vice-President of GMPTL, and Mr. Finn Reske-Nielsen.

The participants of the training will include GMPTL members, male members of the National Parliament, and Committee support staff of the Secretariat including the national economists under the UNDP Parliament Project.

The workshop is funded by UNIFEM under its Integrated Programme for Women in Politics and Decision Making (IPWPDM) in joint collaboration with the UNDP Parliamentary Support Project in support to the women members of the National Parliament or the Grupo das Mulheres Parlamentares de Timor-Leste (GMPTL) through the Centro de Estudos de Genero (CEG).

For more information, please contact: UNDP: Endah Agustiana, Ph.D. Gender Adviser to the National Parliament E-Mail: endah.agustiana@undp.org Mobile: 741-5625

UNIFEM: Elaine Tan Country Programme Manager E-Mail: elaine.tan@unifem.org Mobile: 740-6684

Notes on Episode 2 of the Australian Broadcasting Commission's The Howard Years - East Timor excerpts 25 November 2008 From Reading, Writing and Bugger-All Arithmetic

[12] Interviewees included former Indonesian President Habibie and his adviser Dewi Fortuna Anwar. Habibie said he wanted to resolve the East Timor issue finally instead of leaving it for one of his successors to sort out. He suggested some kind of special autonomy for the province.

[13] Howard wanted to change Australia's East Timor policy. He and Downer drafted a letter to Habibie which supported Habibie's autonomy push but also insisted Habibie allow East Timorese the option of holding a referendum on independence after a decade or so. Tim Fischer said that the "most important letter ever written by the Howard government never went to cabinet."

[14] Habibie read letter signed by Howard very differently to how Howard envisaged it would be read. Habibie was very upset. Habibie felt Howard was trying to force him to make quick decisions. Habibie decided to make an even quicker decision, holding a referendum within 6 months on the issue of independence.

[15] There was a violent reaction from pro-Jakarta militias, who went on the rampage under the eyes of the TNI who allegedly did nothing to stop them.

[16] Howard met with Habibie in Bali, and suggested the referendum go ahead under the direction and supervision of UN peacekeepers. Habibie said this would have proved an insult to the TNI and have been domestically untenable. The militias were still rampaging through Dili with the TNI even accused of participating. Australian public opinion was hardening, with Joe Hockey admitting there was even pressure on the government to invade Indonesia if that was the only way to stop the violence.

[17] Howard contacted Clinton who said he wasn't prepared to support a UN peacekeeping force in East Timor with US ground troops. However, the US would lend diplomatic muscle, and Clinton declared that Indonesia's access to international assistance would be conditional upon how it responded to the violence in East Timor.

[18] Habibie soon announced that Indonesia would agree to an international peacekeeping force in East Timor. Australia would lead that force under the command of Howard's handpicked Major General Cosgrove. The first contingent arrived on 20 September 1999. As they approached, they noticed an Indonesian submarine entering Dili harbour with a capacity to destroy the Australian ships. War could have eventuated with Indonesia.

[19] Liberal pollster Mark Textor said that East Timor showed Howard as a national security leader.

Government of Australia Minister for Foreign Affairs Stephen Smith Media Release 25 November 2008

Stephen Smith, Minister for Foreign Affairs and Tanya Plibersek, Minister for the Status of Women, today released the report, ‘Violence Against Women in Melanesia and East Timor’.

The report, by AusAID’s Office of Development Effectiveness, reveals that women in the Asia-Pacific region are victims of high levels of domestic and sexual violence.

The report provides a framework to address violence against women by increasing women’s access to justice and support services and changing attitudes and practices that encourage and condone violence.

Foreign Minister Smith said, “Violence against women is a serious human rights issue, causing trauma to women, their families and their communities across the region. It also poses significant development challenges.”

Minister Plibersek said Australia is taking a leadership role in the region, having now completed almost all of the necessary steps to accede to the United Nations Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

“Acceding to the Optional Protocol will send a strong message that Australia is serious about promoting gender equality and that we are prepared to be judged by international standards,” Ms Plibersek said.

“It will also add credibility to our offers of support to women across the region – such as those suffering high rates of domestic violence and sexual assault in East Timor and Melanesia.”

The report demonstrates Australia commitment to assisting our neighbours reach the Millennium Development Goals (MDGs), including gender equality.

The Australian Government will use the report to effectively build partnerships with local and regional stakeholders to address violence against women.

Copies of the report can be found at http://www.ode.ausaid.gov.au

[or here http://www.ode.ausaid.gov.au/news/news08.html ]

25/11/08 AusAID Office of Development Effectiveness Report on Violence against Women in Melanesia and East Timor: Building on Global and Regional Promising Approaches

Violence against women is a serious global problem, affecting all countries around the world, including Australia. It causes immeasurable trauma to women, families and communities and is an abuse of basic human rights.

In Melanesia and East Timor, violence against women is severe, pervasive and constrains development. The impacts of violence against women include escalating health care, social services, policing and justice system costs and restrict women's participation in political, social and economic life.

In every country where violence against women is high, cultural and economic factors play a critical role in promoting and condoning violence as a legitimate way to resolve conflict. The poor status of women is a major obstacle to reducing violence against them.

AusAID's Office of Development Effectiveness has undertaken a study to assess the effectiveness of methods currently being used to address violence against women and girls in five of Australia's neighbouring countries: Fiji, Papua New Guinea, Solomon Islands, Vanuatu and East Timor. The result is a package of reports that outlines the perspectives and hopes of a broad spectrum of Melanesian and East Timorese society.

The study used a participatory approach to gather input from over 700 individuals from government and civil society. The effectiveness of local and international approaches were assessed using this approach and the result is a framework for action that seeks to reduce the incidence of violence against women and improve support services.

The three key areas identified in the framework are: increasing women's access to justice; increasing women's access to support services; and, preventing violence.

Documents:

Summary [PDF 1.1MB]

Regional Report [PDF 854KB]

Related links:

Violence against Women in Melanesia and East Timor: A Review of International Lessons [PDF 225KB]

UNIFEM PRESS RELEASE - Dili, 25 November 2008 – The Vice Prime Minister, Dr. Jose Luis Gutteres annd the Secretary of State for the Promotion of Equality (SEPI) has today, 25 November 2008 officiated East Timor's 16 Days of Activism against Gender Violence in Maliana. This year's global theme for the 16 Days of Activism against Gender Violence is Human Rights for women – Human rights for all while the natioonal theme is End Violence – Give Access to Justice ffor Women and Create Economic Sustainability.

Gender violence is one of the serious social problems affecting women in East Timor. During the first six months of this year, 336 cases of Domestic Violence (DV) and Gender-Based Violence (GBV) have been reported to Vulnerable Persons Units (VPUs) from all the 13 districts. Of all the reported cases, Dili has registered the highest number of violence. Speaking on behalf of SEPI, the Vice Health Minister Madalena Fernandes Hanjam says it is important for the nation to respect human rights in promoting gender equality and peace in the country and urges everyone to work diligently to achieve this goal. "I encourage all constituents – international and local organizations to focus their attention on activities that will address the many human rights challenges facing women in our country and to support the women leadership in defending human rights". The Deputy Special Representative of the Secretary-General for Governance Support, Development and Humanitarian Coordination, Finn Reske-Nielsen who is also the UN Resident and Humanitarian Coordinator, says "the Domestic Violence Law which is yet to be approved by parliament is so significant to the nation because it will help the law enforcers to bring to justice the perpetrators of violence who are infringing upon women's rights".

The Timorese Government showed its commitment to end violence against women when the President of National Assembly, Fernando Lasama de Araujo officially launched UNIFEM's Say NO to Violence against Women campaign on 10 September 2008. By signing on to the campaign, the government was supporting the UN Secretary-General's multi-year campaign to end violence against women, which aims to engage male leaders and mobilize men and boys as partners with women and girls to put a stop to violence against women. Since the start of the collection of signatures, the Say No to Violence campaign in Timor-Leste has amassed 14,906 signatures from people from all walks of life – school children, the police, teachers, goverrnment servants, etc. This shows the ever-growing interest of people to express public support, to raise their voices and demand action from government to end violence against women.

This year also marks the 60th anniversary of the Universal Declaration of Human Rights (UDHR) adopted in 1948. It is a powerful instrument that has an enormous effect on people's lives all over the world since it used in the defence of and for the advancement of the inherent rights of all people without any form of discrimination. The Declaration, which comprises a broad range of rights, has also inspired other human rights instruments, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). CEDAW is the sole international legal instrument specifically designed to promote and protect women's rights in a holistic and systematic way. Timor-Leste is a signatory to the CEDAW Convention and its constitution consecrate various rules to uphold respect for human rights for its citizens including women, children, the elderly and people with disabilities.

The 16 Days of activism will be marked with various activities including radio and television discussion programmes and also workshops conducted by SEPI and NGOs throughout the country, intensifying public awareness on ending violence against women.

UNIFEM is the women's fund at the United Nations. It provides financial and technical assistance to innovative programmes and strategies that promote women's human rights, political participation and economic security. UNIFEM works in partnership with UN organisations, governments and non-governmental organisations and networks to promote gender equality. It links women's issues and concerns to national, regional and global agendas by fostering collaboration and providing technical expertise on gender mainstreaming and women's empowerment strategies.

For more information please contact: Gerald Nyamatcherenga Communications Specialist UNIFEM East Timor E-mail: gerald.nyamatcherenga@unifem.org www.unifem.org Phone: +670-3313294. Ext.2115 Mobile: +670-7413276

East Timor Association for Law, Human Rights and Justice Press Release 24/11/2008 - The Association for Law, Human Rights and Justice (HAK) considers the polemics some of the country's leaders are raising in public since the Appeals Court decision on the unconstitutionality of the Economic Stabilization Fund (ESF), which is part of the 2008 mid-year budget, do not contribute to the development of the rule of law and democracy. They create precedent and foster the attitude that people do not have to respect the law and they glorify power.

According to Jose Luis de Oliveira, Director of HAK Association, “comments from Prime Minister Xanana Gusmao portray a negative image to the public in Timor-Leste and internationally. Mr. Gusmao, who said that he would not follow the court’s decision, is a bad example for the people, by not respecting the sovereignty of the court, especially the principle of rule of law, as regulated in Article 1 of the Constitution of the Democratic Republic of Timor-Leste (RDTL).”

According to HAK's perspective, in a modern democratic state respect for law and court decisions are fundamental principles of democratic life. The power comes from the people (democracy), and those in power must follow the law and not rule with force according to one's own desire. That time has passed! In the past our leaders discovered their power and ruled according to the capacity they had; this is no longer acceptable. In some countries monarchies still reign, in which kings and queens lead, such as England, Japan, Thailand, and the Netherlands, among others. But those kings and queens no longer have absolute authority (power). They exercise their power according to the constitution, and follow the decisions of the court. Thus it is ironic indeed that Timor-Leste, which adopted a republic (of the people), has leaders with the attitude or mentality of the kings of old.

No one denies the Prime Minister's preoccupation with the people's suffering. However the need to develop programs that address people's suffering does not justify sacrificing the important principles that do guarantee reduction of the people's suffering now and in the future. “Just imagine! If people do not respect the law or the court decisions now, the AMP government's commitment to combat corruption has no value (it does not mean anything) because the AMP government itself will have weakened the organ that has the competency to stop corruption,” said Jose Luis.

The court is the only organ that can judge corruption cases, not the Commission Against Corruption. There are different kinds of corruption, from simple behavior of taking state funds for private interests, manipulating facts to get benefit from public resources, giving tenders without following approved rules, to sophisticated acts such as creating legislation contradictory to the constitution for the benefit of private entities. Such as the decision to establish the ESF that did not follow the constitution and the Petroleum Fund Law that already existed. The potential is great that the large amount of money (USD 250 million) will not benefit the population, but will go to businesses “privileged” to import goods. The facts reveal as fiscal year 2008 comes to a close that prices of goods are still high. The questions remain, what was the money spent on, and why hasn't the public yet had any benefit? The money from the ESF is to stabilize whose economy, the people's or the businesses? And which businesses received funds?

We have experienced sophisticated corruption, or as they say in Indonesia “corrupt policies” (corruption that originates from policy decisions) twice in Timor-Leste. The first time, the previous Parliament issued legislation on lifetime pensions for former members of parliament and former government ministers. Because this law gives special benefits for a group of people who worked without any particular standard for only five years, they and their families will benefit from state facilities for their whole lives.

Jose Luis also stated that currently political leaders are astounded by the money from the country’s oil, and consequently develop arbitrary spending policies that do not follow legal principles nor consider the future, such as the ESF, purchasing many cars, spending on per diems without doing any work. The political leaders have perhaps forgotten that at some point the oil will dry up, and at the same time that the population is increasing.

Although Jose Luis de Oliveira is preoccupied with attitudes which disrespect the court decision and constitution, this is not the first time it has occurred. The leaders have violated the constitution and disregarded court decisions many times. For example, several years ago when the courtes Serious Crimes Panel mandated the arrest of former General Wiranto as a suspect in serious crimes that occurred in 1999, some top leaders interfered in the implementation of the court decision. Consequently, the mandate from RDTLes Constitution Article 160 stating that serious crimes against humanity must be resolved by either a national or international court has not been followed by Timor-Leste’s leaders; on the contrary they established the Truth and Friendship Commission with the intension of giving amnesty to the principle authors of the 1999 serious crimes. “Such behavior can create a bad-mannered or a “culture” for the country as well as contradicting the objective of the state as regulated in Article 6 of the RDT Constitution,” according to Jose Luis.

Jose Luis recognizes that behavior that is not in accordance with the law or court decision is not limited to leaders of the current government, but also the previous government. “In 2002, when the Dili District Court decided a case against the government in which Customs had confiscated cigarettes, and ordered it to compensate the owner, the Prime Minister at the time, Mr. Mari Alkatiri demonstrated an attitude that did not respect the court decision. At that time, Mr. Alkatiri said that the court's decision was meaningless,” Jose Luis reflected.

In reality, according Jose Luis, democracy and the principle of rule of law in Timor-Leste faces a big challenge if only because our leaders are still in transition from the old mentality to the new values consecrated in our constitution. “Our constitution is modern, but those implementing it lag behind,” said Jose Luis.

Jose Luis hopes that the people will remain vigilant and face such experiences with good conscience and continue their efforts to stop such negative behavior that has bad consequences for our people and future generations. “If the principles of law and democracy are not implemented, the consequences for poor people and all of our children and grandchildren will be a life of suffering and injustice,” said Jose Luis.

Dili, 24 November 2008

For more information contact Antonio Maria Soares at HAK Association
Mobile +670-727-1458 or email atm_soares@yahoo.com

Jill Sternberg
Association HAK (Association for Law, Human Rights and Justice)
Rua Governador Serpa Rosa T-091, Farol, Dili, Timor-Leste
Tel. +670-331-3323 or +670-740-2774 mobile
Email: jillberg@igc.org skype: jillberg

Offshore Oil and Gas News 11/25/2008 5:11:06 AM GMT- DARWIN, AUSTRALIA: A survey conducted on the Timor Sea is said to provide evidence to back East Timor's demand that Woodside locate the liquefied natural gas (LNG) plant for the Greater Sunrise oil and gas field onshore East Timor, according to a report on The Age newspaper.

Woodside previously ruled out building a pipeline to transport the oil and gas from Sunrise to East Timor partly because of a 3,400-metre (11,154-ft) deep trench in the ocean floor known as the Timor Trough.

However, Houston-based DeepGulf, the company behind the survey said the data collected showed the walls of the Timor Trough are "soft and sloppy" and the construction and installation of a subsea pipeline to onshore East Timor "looks feasible".

DeepGulf has had three survey boats operating in the waters off East Timor since June. The survey is expected to be complete by January and a report on the results will be drawn up. DeepGulf was commissioned to do the survey for the East Timorese Government and a consortium of South Korean companies.

East Timor's leaders have recently hardened their rhetoric over their demand for the plant on its shores, even threatening to block the project rather than yield to Woodside's terms. The country's president, Jose Ramos Horta, told the Australian's Northern Territory (NT) Parliament this month that he "would prefer to forgo Greater Sunrise than surrender to the dictates of a bunch of oil executive millionaires."

Woodside this year declared it was considering only two options for Greater Sunrise, which contains about 300 million barrels of light oil and 8.3 Tcf of natural gas: piping and processing the gas in Darwin where ConocoPhillips, one of Woodside's partners in the venture already, has a processing plant; or building a floating plant in the Timor Sea.

Tensions over the field rose when East Timor recently signed a memorandum of understanding that gives South Korea preferential access to the gas, the first time East Timor has made a gas supply contract with a foreign country since it became independent in 2002.

Under the Greater Sunrise agreements Woodside and its partners retain the right to market the gas. East Timor will also receive 50 per cent of the government upstream revenues generated from Greater Sunrise.

Horta told the NT Parliament that his country would soon appoint a senior negotiator for Sunrise. "We are ready to study and analyse all options, to talk and explore ideas and arrangements that are mutually beneficial," he said.

However, he also signaled that East Timor was ready to continue to resist Woodside. "My people are poor and have been victimised for too long," Horta stated. "You are rich and powerful. So I have to side with my country and people who are weaker and poorer."

http://www.energycurrent.com/index.php?id=2&storyid=14495

As if East Timor needs more problems, the controversial former regional administrator of Mitrovica in Kosovo (UNMIK), Gerard Gallucci, has been assigned to the United Nations Mission in East Timor. But then, with the East Timor's recent history of clemency for infamous murderers, he might just fit in quite well! Beware this man, Timor-Leste!

From New Kosova Report (http://www.newkosovareport.com/200810201322/Politics/Gallucci-leaving-Mitrovica.html)

Gallucci leaving Mitrovica 20 October 2008 - Mitrovica Mayor Bajram Rexhepi has welcomed the decision of the controversial American UNMIK administrator from Mitrovica Gerard Gallucci to leave Kosovo, saying it is good news but has taken too long.

“We hope that after his departure, other UNMIK officials will be more responsible in the establishment of law and order in Mitrovica,” said Rexhepi today during the regular Committee for Security of the Mitrovica Municipality.

Rexhepi said that the regional UNMIK administrator was a devotee of status quo and an obstacle for stabilization of the situation in the north.

“He prevented projects of reconstruction and the return of the displaced from the north and reported to the representatives of the Serb parallel structures on everything.”

According to Rexhepi, the stance of Gallucci on the March events when Serb mobs attacked the court in Mitrovica killing a UN police officer and wounding many police officers and KFOR soldiers was an amnesty for those that committed these acts of violence.

Rexhepi stated: “UNMIK officials should help in the establishment of order in this part of the country and stop cooperation with Serb parallel structures which are illegal.”

Rexhepi called the situation in the municipality quiet and improving.

Gerard Gallucci confirmed last week that he has been reassigned to a new position at the UN mission in East Timor. His UNMIK superiors requested Gallucci’s resignation over the court issue, but they were turned down by New York.
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For a report on the incident in Mitrovica, see UN forces face grenade and gun attacks from Serbs in Mitrovica 18 March 2008

The Fifth Annual Australia-East Timor Association Dr Andrew McNaughton Memorial Lecture - East Timor, War Crimes, Government Inaction

Sunday 7 December 2008 3.30 for 4pm
Venue: gleebooks, 49 Glebe Point Rd, Glebe, Sydney, Australia
Cost: Free
RSVP: gleebooks - 9660 2333 or Request a place

Speakers:

Ms CEU FEDERER (CEO Timor Aid, author forthcoming "Timor's Unsung Heroes"),
JAMES THOMAS (journalist Today-Tonight/Channel 7 on "Gui Campos Story"),
JOHN MAYNARD (Producer,"Balibo" feature movie, release date August '09, Arenafilm),
JEAN BERLIE (Asian Studies,Hong Kong University, launching his Chinese language book "History of Timor Leste Since Independence").

Details Jefferson Lee (02) 9569-6070 AETA Special Projects Office.

This lecture will include a launch of Sister Susan Connelly's English-Tetum Dictionary of Everyday Words (2nd ed. 2008).
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ETLJB Note on Dr Andrew McNaughton

Dr Andrew McNaughton was one of Australia's great human rights advocates. He died in Sydney in 2003.

Andrew was an outstanding advocate for East Timor's freedom.

Throughout the 1990's he repeatedly exposed the hypocrisy of Australia's politicians and elites who were complicit in the Suharto regime's brutality.

Andrew was a tireless warrior for justice.

He travelled extensively in East Timor while it was under Indonesian occupation as well as being a regular visitor during the country's transition to self rule. For example, he helped mount a display of photographs of East Timorese torture victims of the Suharto regime which was banned from Parliament House in Canberra by the Howard government.

Andrew continued to fight for justice for East Timor post independence. He sought to bring attention to the unjust deal the Australian Government has imposed on East Timor regarding oil revenues in the Timor Sea.

Modified machine translation. Original Portuguese text follows. From http://forum-haksesuk.blogspot.com/

Xanana: With natural emotion revisits a friendly country with special ties to East Timor - An interview with Publico journalist, George Hector, via email, published in the edition of the Jornal Publica, Saturday (22/11, pag.20). PM Kay Rala Xanana Gusmao, addressed the following issues: The relationship of friendship and brotherhood between the two sister nations, Portugal and East Timor, the foreign policy of Timor-Leste, what was done during one and a half years of governance, intentions in relation to the the legislature through to 2012, the design of a new paradigm for defense and security, the problem of internal security, oil and national interests and recent problems of internally displaced persons.

Lisbon, November 24, 2008

Xanana and Portugal:

Jorge Hector (JH): With that state of mind is it that the Prime Minister Xanana Gusmao arrives this month in Lisbon?

XG: With the natural emotion of revisiting a friendly country with which we have very special ties and with the hope and purpose to be able to strengthen bilateral relations that bind us together and strengthen the historic and fraternal friendship between our peoples.

Foreign policy of Timor-Leste:

JH: Do you continue to maitain good relations with all countries, whether Australia, Canada, Indonesia, China, South Korea, Malaysia or Cuba?

XG: Since the beginning of our existence as a sovereign state, we have been cultivating a policy of friendship and cooperation with various countries and in particular on the basis of geographical and historical imperatives, particularly with Australia, Indonesia and Portugal.

We can not neglect also the relationships we have with other countries that have contributed to the physical and material restructuring of Timor-Leste, and also to consolidate its democracy. This contribution has been in the most varied forms, with financial and institutional support and development of concrete projects in East Timor. This government will therefore promote a close approximation and strengthen the relationship already acquired with some of the major powers, such as China, Japan, the United States of America, but also with other countries that have also demonstrated great generosity with East Timor, as is the case of Cuba, Brazil, South Korea, Thailand, Malaysia, Philippines, New Zealand, Norway, Ireland, United Kingdom and the European Commission.

What was done during a year and a half of Governance:

JH: What is balance that makes its governance?

XG: When we achieved government, we inherited many problems to solve, with the most pressing problem being the petitioners and IDP'. Earlier this year we faced the worst crisis the country suffered, after independence, which was the double attack on February 11. We found a solution and finally overcome all these problems. Overall, the results are therefore quite positive.

IV Constitutional Government will meet the legislature by 2012:

JH: What is proposed to be done during the current legislative term?

XG: To meet all the requirements to comply with the legislature until 2012. From a constitutional perspective, the President of the Republic invited the coalition of political parties that are part of the Alliance for Parliamentary Majority (AMP) to form the IV Constitutional Government to ensure the stability of national law. In terms of policy and institutions, we are guaranteeing the parliamentary majority, which means be no question of an institutional crisis.

The level of governance, has been in recent months to increase security in our community, and people have started to go out at night, which was not the case before. We solve the outstanding problems we have inherited from the previous government, as the case of the petitioners and IDPs.

In short, the IV Constitutional Government, meets all the conditions to fulfill the mandate until the end of the legislature. But we recognize the magnitude of the problems that lie ahead, which we are trying to solve.

Devising a new paradigm on the Forces for Defense and Security:

JH: How about the redesign and modernisation of the armed forces and police?

XG: The constitution of the Armed Forces and Security and, particularly, the Forces for Defense, emerged from a study done by King's College, whose recommendations led to the establishment of the Armed Forces and security of East Timor.

The defence forces are being reshaped through the 2020 Plan, and it is a plan conceived by Timorese for the Timorese and the Armed Forces will complement the three branches by 2020. The materialisation of the 2020 Plan will be implemented for five years along the following lines: First - Review of Laws on the Forces for Defense, the National Security Law, the Law on Defense, the Law on Military Service, the Organic Law of F-FDTL and the Statute of the Military Police.

Second - the plan will also be for building the infrastructure, through cooperation with friendly countries. With the Republic of China, which will build headquarters for the F-FDTL, 100 homes for officials, a magazine and stores, and as well as purchase two vessels. With Australia, we have developed a cooperation with the "Cooperation Defense Program (DCP)", through the construction of the Center for Special Education.

Third - in terms of human resource development, attach to scholarships for the soldiers who took their studies of the National University of Timor-Leste (UNATIL). Last year, 60 soldiers had exams for admission to the University and only managed to get 30. And with the same program for academic year 2008/9 is continuing.

We still have bilateral cooperation with countries that have signed protocols with East Timor, including Portugal, to increase the manpower of the Armed Forces Timorese.

Fourth - the civil-military cooperation, namely the Armed Forces contribution to national development, how to act in emergency situations such as natural disasters, building roads and the interaction between the military and the people.

Fifth and final section - improving wages of the Armed Forces. Initially, a soldier earned $ 85 but at this moment, he already receives $ 170, including allowances for transport and accommodation. And also raise the salaries of the Chief General Staff of the Armed Forces (CEMFA) and Chief of Staff, for the same salary level of a minister and secretary of state. In terms of career progression, it was divided into two parts - the regular and special promotion.

The security issue:

JH: Do you think that East Timor is today an area more secure and stable than it was years ago and a half or two years?

XG: I am sure that it is. We note that in terms of security, East Timor has progressed enough this year. On the eve of the commemoration of the 17 years anniversary of the Massacre of Santa Cruz, a youth cultural group rehearsed for two weeks every day until midnight. Since the month of May until November, we organized several cultural events, musical concerts, with the performance of national and foreign artists, and mobilise the crowds to watch the concerts, unless they had registered any incidents.

At the level of security, working jointly with the UNPOL, ISF (International Force for Stabilization) and with our Forces for Defense and Security. According to an official report, there has been great progress in terms of security.

The Oil and the National Interest:

JH: Always intend to proceed with construction of a pipeline to Timorese soil, so that you are a big part of the process of Timor Sea oil?

XG: Our policy is to bring the pipeline from Greater Sunrise to Timor-Leste. This is the political commitment of the IV Constitutional Government through the Program of the Government approved by the National Parliament, on the feasibility of bringing the pipeline to East Timor. We have commissioned a study of a mixed team, composed of nationals and internationals, a technical and scientific study, and the economic, social and environmental indicators for East Timor. In fact, we have the political will to defend national interests and to bring the pipeline from Greater Sunrise to Timor-Leste, supported by technical and scientific arguments.

JH: The profits that will be obtained from the Petroleum Fund will provide literacy and food for the entire population?

XG: The report of the World Bank, IMF and the Statistical Center of Dili, conducted a study on the index of the National Poverty in East Timor over the past five years, according to which it has increased since 2003 until 2007. Based on the recommendations of this study, we have to change the oil policies. Change in order to make policy with the aim of meeting the needs of our population, to eradicate hunger and reduce poverty and also improve the education system and improve the living conditions in general and accessibility.

The problem of internally displaced persons:

JH: There are still people in the country to live in precarious conditions, displaced from their traditional homes?

XG: The problem of internally displaced persons has been included in the Government as one of the emerging priorities of the IV Constitutional Government. We consider the problem of the displaced, or IDPs (acronym in English), as part of security problems, particularly in Dili. Consolidate the security in Dili and throughout the country, ensuring the return to their homes, those who are in a serious state of a humanitarian nature, the host in camps, providing the necessary facilities so they can rebuild their lives. So far, we reintegrate the displaced through the programs implemented by the Ministry of Solidarity and Social Security (MSSS) to solve this problem. And close all camps for IDPs except refugees in Hera (west of Dili). The government continues to monitor the process of return of displaced persons to their places of residence to ensure all the necessary security.
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XANANA : COM A NATURAL EMOÇÃO REVISITAR UM PAÍS AMIGO, COM O QUAL TEMOS OS LAÇOS MUITO ESPECIAL
Na entrevista concedida ao Jornalista do Público, Jorge Heitor, via email, publicada na edição do Jornal Pública, sábado (22/11,pag.20). Onde o PM Kay Rala Xanana Gusmão, abordou nas seguintes assuntos: A relação de amizade e fraternais entre os dois povos irmãos, Portugal e Timor-Leste, a política externa de Timor-Leste, o que feito durante um ano e meio da governação, pretende cumprir a legislatura até 2012, a conceber uma nova paradigma da defesa e segurança, o problema da segurança interna, o petróleo e interesse nacional e por últimos problemas dos deslocados internos. Lei a entrevista!

Lisboa, 24 de Novembro de 2008

Xanana e Portugal:

Jorge Heitor (JH): Com que estado de espírito é que o primeiro-ministro Xanana Gusmão chega este mês a Lisboa?

XG: Com a natural emoção de revisitar um país amigo, com o qual temos laços muito especiais e com a esperança e o propósito de poder fortalecer as relações bilaterais que nos ligam, e reforçar a histórica e fraterno amizade entre os nossos povos irmãos.

Politica externa de Timor-Leste:

JH: Continua a desejar dar-se bem com todos os países, sejam eles a Austrália, Portugal, a Indonésia, a China, a Coreia do Sul, a Malásia ou Cuba?

XG: Desde o início da nossa existência como Estado soberano, que temos vindo a cultivar uma politica de amizade e de cooperação com vários países e, em especial, com base nos imperativos geográficos e históricos, designadamente com a Austrália, Indonésia e Portugal.

Não podemos negligenciar também as relações que temos vindo a manter com outros países que tanto tem contribuído para a reestruturação física e material de Timor-Leste, e também para a consolidação da sua democracia. Essa contribuição tem-se manifestado das mais variadas formas, com apoio financeiro e institucional e o desenvolvimento de projectos concretos no território timorense. Este Governo irá, por isso, promover uma estreita aproximação e reforçar o relacionamento já adquirido com algumas das grandes potências, como é o caso da China, do Japão, dos Estados Unidos da América, mas também com outros países que têm, igualmente, demonstrado grande generosidade com Timor-Leste, como é, o caso de Cuba, Brasil, Correia do Sul, Tailândia, Malásia, Filipinas, Nova Zelândia, Noruega, Irlanda, Reino Unido e a própria Comissão Europeia.

O que feito durante um ano e meio da Governação:

JH: Que balanço é que faz da sua governação?

XG: Quando nós chegámos ao Governo herdámos diversos problemas para resolver, sendo os mais prementes o problema dos IDP’s e o dos Peticionários. No início deste ano enfrentámos ainda a pior crise que o país sofreu, depois da independência, que foi o duplo atentado de 11 de Fevereiro. Conseguimos encontrar solução e finalmente ultrapassar todos esses problemas. Em termos gerais, o balanço é, pois, bastante positivo.

IV Governo Constitucional irá cumprir a legislatura até 2012:

JH: Espera chegar ao fim da actual legislatura?

XG: Preenchemos todos os requisitos para cumprir a legislatura até 2012. Do ponto de vista Constitucional, O Presidente da República convidou a coligação dos partidos políticos que integram a Aliança para Maioria Parlamentar (AMP) para formar IV Governo Constitucional a fim de garantir a estabilidade legislativa nacional. Em termos políticos e institucionais, estamos a garantir a maioria parlamentar, o que significa estar fora de questão uma crise institucional.

A nível da Governação, tem-se verificado nos últimos meses o aumento da segurança na nossa comunidade, e as pessoas já começaram a sair à noite, o que não acontecia antes. Conseguimos resolver os problemas pendentes que herdámos do anterior governo, como o caso dos Peticionários e dos deslocados Internos.

Em suma, o IV Governo Constitucional, reúne todas as condições para cumprir o mandato até ao fim da legislatura. Mas, reconhecemos a dimensão dos problemas que ainda temos pela frente, os quais estamos a tentar resolver.

Conceber uma nova paradigma sobre as Forças da Defesa e Segurança:

JH: Está a reformular e a modernizar as forças armadas e policiais?

XG: A constituição das Forças Armadas e Segurança e, particularmente, as Forças da Defesa, resultou de um estudo feito pelo King´s College, cujas recomendações deram origem à constituição das Forças Armadas e de Segurança de Timor-Leste.

As forças de Defesa, estão a ser reformuladas através do Plano 2020, que é um plano e concebido por Timorenses e para Timorenses, segundo o qual, as Forças Armadas vão complementar os três ramos até 2020. A materialização do Plano 2020, passará por implementar, durante cinco anos, os seguintes vectores: Primeiro - revisão das Leis sobre as Forças da Defesa, a Lei de Segurança Nacional, a Lei de Defesa, a Lei do Serviço Militar, a Lei orgânica das F-FDTL e o Estatuto de Polícia Militar.

Segundo - o Plano passará ainda pela construção das Infra-estruturas, através da cooperação com os países amigos. Com a República Popular da China, que vai construir Quartel-General para as F-FDTL, 100 casas para os oficiais, um paiol e armazéns, bem como e a compra de dois Navios. Com a Austrália, desenvolvemos uma cooperação com “Defence Cooperation Program (DCP)”, através da construção do Centro do Formação Especial.

Terceiro - no plano do desenvolvimento dos Recursos Humanos, atribuímos a bolsas de estudo para os militares que frequentaram os seus estudos da Universidade Nacional de Timor-Leste (UNATIL). No ano passado, 60 militares fizeram exames de admissão à Universidade e apenas conseguiram entrar 30. E continuamos com o mesmo programa para ano lectivo 2008/9.

Temos ainda a cooperação bilateral com os países que têm protocolos assinados com Timor-Leste, incluindo Portugal, no sentido de incrementar os recursos humanos das Forças Armadas Timorenses.

Quarto - a cooperação Civil-Militar, isto é, a contribuição das Forças Armadas para o desenvolvimento nacional, como actuar em situações de emergência, como desastres naturais, construção de estradas e a interacção entre os militares e a população.

Quinto e último vector - melhorar os salários das Forças Armadas. Inicialmente, um soldado ganhava 85$ mas, neste momento,já recebe 170 $, incluindo subsídios para transporte e alojamento. E elevar também os salários do Chefe Estado-Maior General das Forças Armadas (CEMFA) e do Chefe Estado-Maior, para o mesmo nível salarial de um ministro e secretário de Estado. Ao nível da progressão na carreira, esta foi dividida em duas partes - a promoção regular e a especial.

O problema da segurança:

JH: Entende que Timor-Leste é hoje um território mais seguro e estável do que o era há ano e meio ou dois anos?

XG: Estou certo que assim é. Verificamos que, em termos da segurança, Timor-Leste progrediu bastante, neste ano. Em vésperas da comemoração do 17º ano aniversário do Massacre de Stª. Cruz, um grupo cultural de Jovens ensaiou durante duas semanas todos os dias até à meia-noite. Desde o mês de Maio até Novembro, organizámos vários eventos culturais, concertos musicais, com a actuação de artistas estrangeiros e nacionais, e mobilizámos as multidões para assistir aos concertos, sem que se tivessem registado quaisquer incidentes.

Ao nível da segurança, trabalhamos conjuntamente com a UNPOL, ISF (Força Internacional para Estabilização) e com as nossas Forças da Defesa e Segurança. Segundo o relatório oficial, registaram-se grandes progressos em termos de segurança.

O Petróleo e o interesse Nacional:

JH: Sempre tencionam avançar com a construção de um oleoduto para solo timorense, de modo a serem vós a processar grande parte do petróleo do Mar de Timor?

XG: A nossa política é a de trazer o pipeline do Greater Sunrise para Timor-Leste. Este é o compromisso político do IV Governo Constitucional, através do Programa do Governo aprovado pelo Parlamento Nacional, sobre a viabilidade de trazer o oleoduto para Timor-Leste. Encomendámos um estudo duma equipa mista, composta por nacionais e internacionais, um estudo técnico e cientifico, e os seus impactos económicos, sociais e ambientais para Timor-Leste. De facto, temos vontade política de defender os interesses nacionais e de trazer o pipeline do Greater Sunrise para Timor-Leste, suportada por argumentos técnicos e científicos.

JH: Os lucros que vierem a ser obtidos com o Fundo do Petróleo darão para alfabetizar e alimentar toda a população?

XG: O relatório do Banco Mundial, FMI e Centro de Estatística de Díli, efectuaram um estudo sobre o índice da Pobreza Nacional em Timor-Leste, nos últimos cinco anos, segundo o qual esta tem aumentado desde 2003 até 2007. Com base nas recomendações desse estudo, temos que mudar a politica do petróleo. Mudar, no sentido de fazer politica com objectivo de responder às necessidades da nossa população, para erradicar a fome e diminuir a pobreza e melhorar também o sistema de educação, bem como melhorar as condições de vida em geral e as acessibilidades.

O problema dos deslocados Internos:

JH: Ainda há no país pessoas a viver com condições precárias; deslocados das suas residências tradicionais?

XG: O problema dos deslocados internos foi incluído no programa do Governo como uma das prioridades emergentes do IV Governo Constitucional. Consideramos o problema dos deslocados, ou IDP’s (sigla em Inglês), como parte dos problemas de segurança, particularmente em Díli. Consolidar a segurança em Díli e em todo o País, garantindo o regresso aos seus lares, daqueles que se encontram numa situação grave de carácter humanitário, em campos de acolhimento, proporcionando os meios necessários para que possam refazer as suas vidas. Até à data, conseguimos reintegrar os deslocados através dos programas implementados pelo Ministério da Segurança e Solidariedade Social (MSSS) para resolver esse problema. E fechamos todos os campos de IDP’S, faltando apenas o campo de refugiados em Hera (a oeste de Díli).O governo continuar a acompanhar o processo de retorno dos deslocados aos seus locais de residência a fim de garantir toda a segurança necessária.

IV CONSTITUTIONAL GOVERNMENT OFFICE OF THE PRIME MINISTER

MEDIA RELEASE Dili, October 24, 2008

Proposed law to establish the Anti-Corruption Commission

Today Prime Minister Kay Rala Xanana Gusmao submitted a proposed law to the National Parliament to establish an independent Anti-Corruption Commission dedicated to fighting corruption in Timor-Leste.

The law was developed after a long consultation period with the People of Timor-Leste. This process included a National Consultation conducted by LABEH, covering the whole country, where the People emphatically called for the establishment of an Anti-Corruption Commission.

Prime Minister Gusmão said 'It is now time for action, to make sure that corruption does not pay in Timor-Leste.

The Anti-Corruption Commission will make sure that anyone who engages in corrupt acts can be investigated and will face strong penalties, including jail and the confiscation of anything they have obtained corruptly.'

'We need to take strong measures and this bold step will make sure that corruption does not take root in our democracy. This is what the People of Timor-Leste deserve.' Prime Minister Gusmao said.

The Anti-Corruption Commission will have a mandate to:

• conduct investigations into acts of corruption
• provide evidence to the Prosecutor General for prosecution of corruption cases
• carry out education campaigns
• provide advice to all public departments and agencies on how to prevent corruption.
• initiate asset recovery actions to recover proceeds of corruption.

Importantly, the Anti-Corruption Commission will have strong investigative powers. It will have the right of access to documents and buildings and the power to require people to answer questions about allegations of corruption. The Anti-Corruption Commission, in conjunction with the Prosecutor General, and with approval of a Court, will also have powers to:

• freeze bank accounts
• seize assets
• prevent suspects from leaving Timor-Leste
• intercept and record electronic communications, including monitoring of phone calls and emails.

The Anti-Corruption Commission will be an independent body reporting to the National Parliament. The Commissioner, as head of the Anti-Corruption Commission, will have to be nominated by three quarters of the Members of the National Parliament and appointed by the President of the Republic. To be eligible, the Commissioner will need to be a person of proven integrity and recognised for his or her high level of independence and impartiality to be eligible.

Prime Minister Gusmao said “The rules that govern selection of the anti-corruption Commissioner will make sure that the person is of the highest competence and integrity, a person above party politics.”

The proposed law will operate from 1 January 2009 and the Anti-Corruption Commission will have the mandate to investigate allegations of corrupt acts committed after this date.

For more information, please contact Agio Pereira, spokesperson for the Government, on tel. +670723 0011 or agiopereira@cdm.gov.tl.

PRESIDÊNCIA DA REPÚBLICA
GABINETE DA PRESIDÊNCIA

DEPARTAMENTO DE COMUNICAÇÃO SOCIAL

English

24 November 2008

Press Release

Friday 21 November 2008, HE President Dr Jose Ramos-Horta, met with Prime Minister Mr Xanana Gusmao and former Prime Minister, Dr Mari Alkatiri. This was one of a series meeting that the President has convened in the last two weeks that have included meetings with Parliamentary leaders, Council of State and the Supreme Council of Magistrate.

In this meeting, the President, Prime Minister, and former Prime Minister Dr Mari Alkatiri agreed that they should meet at least every 3 weeks

The Friday meeting was held in a very warm and cordial atmosphere, lasting more than two hours, and included discussion on the development of the large gas field Greater Sunrise.

The three leaders were pleased that they share the same views and position in regards to the Greater Sunrise development and they value Dr Mari Alkatiri’s expertise in relation to Timor Sea.

The three leaders also agreed that former Prime Minister Dr Alkatiri should lead and coordinate Timor-Leste efforts in moving forward with the Greater Sunrise development. Soon the President will announce specific mechanism, to be created with clear terms of reference. END



Image: East Timor's president, Jose Ramos-Horat (right), shakes hands with the Prime Minister, Xanana Gusmao.

MINISTRY OF SOCIAL SOLIDARITY
PRESS RELEASE
24 November 2008

Third Hamutuk Hari’i Futuru Retreat: Working Together for Stability

On 21 November 2008, the Prime Minister, Xanana Gusmao, opened the third Hamutuk Hari’i Futuru retreat entitled: 'Working Together for Stability'. The objective of the retreat was to consider how a whole of government approach could be used to strengthen community stability and ensure the sustainable return of internally displaced people.

The retreat was attended by members of government, development partners, humanitarian agencies and NGOs. The Prime Minister explained that he had convened the retreat because of the need for an all-of-Government approach. Long-term community stability requires concerted collaboration and coordination that goes beyond the mandate and capacity of any single Ministry or agency. The Prime Minister called upon his government colleagues and partners to review the existing National Priorities framework to take into account the need to enhance social cohesion. 'In their next scheduled round of meetings National Priority Working Groups should discuss how issues of community stability can best be integrated into the planning for the 2009 National Priorities.'

The Prime Minister said 'the return and reintegration of over 10,000 families to date is indeed a testament to the ability of the Government and its partners to address the immediate reintegration needs of people displaced by the crisis'. However, 'the return and resettlement of IDPs is indeed only a first step on a long road to the sustainable stabilisation of communities. Indeed, we must recognise that not all conflicts have been resolved. The challenges to sustainable return are a manifestation of the 2006 crisis in Timor-Leste and of the broader societal and political problems that led to it. The causes of the crisis were many and interact at the community level in complex ways. In order to ensure national recovery and ongoing community stability, it will therefore be necessary that the Government honestly assess and acknowledge the root causes of the crisis and work closely with communities to deal with them. The stability of communities is dependent on interventions involving a variety of sectors including infrastructure, policing, an improved justice system, housing, improvements to social capital and community services and mediation.'

The Deputy Special Representative of the Secretary General, Finn Reske-Nielsen, reinforced the message of the Prime Minister that camp closures are only the first step towards reaching a durable solution for the IDP situation. 'Camp closures must be combined with initiatives that not only address the challenges to the reintegration of IDPs into their home communities but also longer-term development programmes that address the chronic vulnerabilities in Timor-Leste.' The DSRSG emphasized that 'the stability and lasting peace in the country could be jeopardized if the conditions for the reintegration and sustainability of the IDPs return are not in place.'

The Minister for Social Solidarity, Maria Domingas Fernandes Alves, explained the progress that has been made to date on the five pillars of the national recovery strategy. She also discussed the challenges to long term stability, such as: land and property issues; lack of sufficient housing in Dili; tension between community members and returnees over access to basic services, such as water; lack of employment opportunities; and the issue of national identity. During the retreat discussions were held regarding the types of efforts needed by government and partners to resolve these challenges to stabilise communities and ensure sustainable returns. The need to strengthen inter-ministerial coordination mechanisms was also emphasized.

24/11/2008 DILI - Plan Timor-Leste cordially invites you to the launch of its global report, Because I am a Girl 2008: In the Shadow of War, as part of the 16 Days of Activism against Violence campaign, which is co-ordinated by the Secretariat for the Promotion of Equality (SEPI)

Date: WEDNESDAY 3rd DECEMBER
Time: 15:00-16:30 (on time)
Venue: MEMORIAL HALL, FAROL, DILI (opposite the Lighthouse)

Special Guest: Secretary of State for SEPI, Senhora Idelta, & a presentation from youth girls who feature in the report.

Because I am a Girl 2008: In the Shadow of War is the second of nine annual reports written by Plan International to bring global attention to the fact that progress towards meeting the Millennium Development Goals is being hampered by a continued lack of investment in girls and young women.

The report is aimed at those who have the duty and power to ensure that girls survive, develop to realise their potential, are protected and can participate in decisions made about them. These are governments, NGOs, corporations, communities, parents and girls themselves.

A chapter in the report is dedicated to young women and girls in Timor-Leste, with their views on how the crisis of 2006 impacted their lives and the economic security of their families. They will also share their ideas on the role that women and girls can play in the peacebuilding process. The girls will make a presentation at the launch, which is being held as part of SEPI’s 16 Days of Activism against Violence campaign.

Hard copies of the report will be available on the day. A limited number of exclusive Plan Because I am a Girl t-shirts will also be available, so please come early! Refreshments will be provided.

We look forward to seeing you there to express your support for girls’ rights.

Kindly RSVP Elena Ahmed (elena.ahmed@plan-international.org)

Image: East Timor girl.

REPUBLICA DEMOCRATICA DE TIMOR-LESTE
V Constitutional Government
SECRETARIAT OF STATE FOR THE COUNCIL OF MINISTERS

PRESS RELEASE

Meeting of the Council of Ministers 24 November 2008

The Council of Ministers met this Monday, 24th November 2008, in the Council of Ministers Meeting Room, Government Building in Dili, where it approved:

1. Draft-law on the State General Budget for 2009

In today's meeting, the Council of Ministers approved the draft-law on the State General Budget for the Fiscal Year 2009, which will now be submitted to National Parliament for consideration and approval.

The Budget that was prepared by the Government aims, on one hand to accelerate the national reconstruction process at a social and infrastructural level and on the other, to allow the development of the economy, job creation and poverty reduction.

The 2009 SGB includes all revenues and expenditures of Timor-Leste. The total annual estimated revenues of 2009 from all sources – oil, non-oil, development partners aid and other non fiscal revenues – amount to $1,344,1 million united states dollars.

The total of the budgetary appropriations for the State Budget is of 680,873 million dollars, which corresponds to the estimated total for expenditures. The non-oil revenues are estimated to be $91,045 million USD, this the fiscal deficit amounts to $589,828 million USD, which will be covered with moneys coming from the Petroleum Fund.

In accordance with the Petroleum Fund Law, the Fund's Sustainable Income is three per cent (3%) of the oil wealth per year. For the Budget of 2009, we estimate that the Sustainable Income will be $407,8 million USD, which will see the Government withdraw an amount from the Petroleum Fund that exceeds the Sustainable Income by $181,2 million USD.

The budgetary appropriations for the State are distributed as follows:

o $93,123 millions for Salaries and Wages;
o $248,548 millions for Goods and Services;
o $38,053 millions for Minor Capital;
o $205,334 millions for Capital Development; and
o $95,815 millions for Public Transfers.

The SGBO for the Fiscal Year 2009 will ensure the continuity of the work that has been initiated by the IV Constitutional Government. One should be reminded that in 2008 the Government initiatives were dubbed “2008 Year of the Reform” were based in four main components:

o To have a Public Administration free of political interferences;
o To establish processes and mechanisms to fight corruption;
o To improve the remuneration and the management of the income of the civil servants; and
o To reform the financial and budgetary in the Government.

The continuation of these reforms in 2009 is a component of the SGB. The Government considers that the continuous reform of the public sector is crucial to the success and economic growth of the country.

2. Decree-Law that approves the Organic Law of the Ministry of Finance

The diploma that the Council of Ministers approved in today's meeting establishes the organic structure of the Ministry of Finance as well as the competencies and attributions of each service.

East Timor Law Journal 24/11/2008 - Pigs represent a significant health risk in East Timor because they carry potentially deadly diseases such as Japanese Encephalitis that is transmitted from pigs to humans by mosquitoes that have bitten the infected pigs. Pigs and other wandering livestock also pose a risk for traffic accidents.

In October 2008, Operasi Babi (Pig Operation) was implemented in the capital city of East Timor, Dili. In this operation, squads of livestock collectors went systematically around the suburbs of Dili in trucks seizing wandering pigs with the intention of slaughtering them and distributing the pork to, amongst others, prisoners. This was done without the payment of compensation to the pigs' owners.

There should be a proper legislative basis for the eradication of the social problem of pigs and other livestock wandering freely around the streets of urban areas in East Timor.

The University of San Francisco School of Law Legislative Drafting Initiative which was implemented in East Timor in 2003 - 2004 produced a series reports on the analyses of social problems by civil society groups using the legislative drafting for democratic social transformation methodolgy - the ROCCIPI methodology. These reports included an analysis of the social problem of livestock in urban centres in East Timor including draft legislation directed at resolving this social problem.

This report, and the Indonesian and Portuguese language versions, have now been published on the East Timor Law Journal and may be freely accessed by following the following links:

Livestock Regulation in Urban Areas

Penertiban Pemeliharaan Ternak di Kota

O Regulamento da Criacao de Gado em Areas Urbanas


The index of the analyses of other social problems in East Timor using the ROCCIPI methodolgy published to date in the East Timor Law Journal is here.


Image: Pigs in the East Timor capital, Dili.



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

Reference: 239 MoF/DA/09/08 Letter dated 23 September 2008

To: The Director of the East Timor Treasury, Manuel Monteiro.

From: The Director of the East Timor Department of Finance Procurement Services, Francisco da Costa Soares.

Subject: Request for the issuance of a letter of credit in the sum of $3,420,000 in favour of Pualaka Petroleo Fuel for the supply of deisel fuel to the East Timor Electricity authority and 2 months floating barge rental.

A document purporting to be a copy of this letter may be viewed at https://secure.wikileaks.org/leak/timor-pualaka.pdf

It is believed that the corporate entity known as Pualaka Petroleo Fuel is associated with the husband of the East Timor Minster of Justice.

It is believed that a public tender process was not implemented for this procurement.

Dear Friends,

FRENTE REVOLUCIONARIA DO TIMOR-LESTE INDEPENDENTE
FRETILIN

Media Release Dili, Sunday November 23, 2008

Gusmao must stop campaign against Appeal Court

FRETILIN has called on Timor Leste Prime Minister Xanana Gusmao to fall into line with other members of his government and cease his defiance of the Court of Appeal.

FRETILIN's parliamentary leader Aniceto Guterres said Mr Gusmao must stop pretending he is above the law and constitution and must make it clear his administration accepts the court ruling that key budget measures are unconstitutional and illegal.

Guterres was commenting on a statement by Mr Gusmao that: "We have all heard that the Court of Appeal has said that we cannot take out money. As Prime Minister if I take out money to put in my own pocket then certainly the court can send me to jail, but to take out money to use for our people, especially to use for education I will still take it out even if the Court of Appeal condemns me to wherever." (Timor Post November 18 2008).

Three Court of Appeal judges on November 13 unanimously ruled that:

a) The government's creation of a so-called Economic Stabilization Fund was unconstitutional in that it was equivalent to creating a "secret fund" which is expressly prohibited by the constitution, and

b) Parliament's attempt to transfer more than US$290 million from the national petroleum fund was illegal as it breached key aspects of the law mandating sustainable use of petroleum revenue.

Guterres said: "Mr Gusmao's defiance of the judiciary is unacceptable from a person who claims to be the nation's constitutional Prime Minister. He ought to be showing our people the way to respect the rule of law, the constitution and the independence of the courts.

"His statement is also misleading, because part of our objection was that his government's US$788 million pork-barrelling budget allocates only about 5.6 per cent for education. His attempt to use cynicism and populism to discredit the court's decision is disgraceful."

Guterres said that the court's decision had been well received by broad sections of civil society and lawyers' groups, and even by many MPs from the ruling coalition.

"Some of Mr Gusmao's ministers have shown more respect for the rule of law and the constitution. For example his Vice Minister for Finance Rui Hanjan, said immediately after the court decision was published that we should all comply with the court's ruling. Mario Carrascalao, President of one of Mr Gusmao's parliamentary alliance parties similarly said that 'the decision of the court has to be complied with' and expressed fears that the court would be discredited if the government defied it. The Vice President of the Parliament –a member of Mr Gusmao's CNRT – also said the court's decision had to be respected and complied with."

"But so far we have heard nothing but expressions of defiance of the court's ruling from Mr Gusmao. He has to make it very clear that the government accepts the court decision and that it will work with the other constitutional bodies, such as parliament to ensure that the court's rulings on unconstitutionality and illegality are not breached in the slightest."

Guterres said the Gusmao administration's opposition to the latest court ruling was hypocritical because, on August 14 2008 the Minister for Finance Emilia Pires had issued a media release hailing a Court of Appeal decision on the budget as 'a victory for the people' and 'a blow to Fretilin'.

Ms Pires' media release said: "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."

"It seems this government wants to pick and choose which court decisions it will accept," Guterres said.

For information contact José Teixeira M.P. on +670 728 7080

Prabowo Subianto, former commander of the Indonesian army's special task force Kopassus, met former enemy, Lere Anan Timur, former commander of the Fretilin guerrilla army, in Jakarta on Friday.

A few media people were invited to the meeting at Hotel Borobudur.

The two shook hands and exchanged warm greetings the moment they saw each other. The last time they met was 24 years ago during battle. Timur said Prabowo was a strong man. Prabowo said Timur had a bigger beard. They laughed. And through an intrepreter, the two conversed - Timur in Tetun, and Subianto in Bahasa Indonesia.

Here are excerpts from my recording.

Lere: For 24 years, we were small and poor. But we had to continue to defend our country to achieve independence. It is important to look to the future. After independence, we must try to find ways to forge better ties between the two countries. The consequence of war… it is not just Timorese, but Indonesians have also become victims of this political process.

Subianto:
It is a great honour to meet you. Then we were from opposing camps. I have high regard and respect for strong, tough and brave opponents. I respect the soldiers of Falintil who were brave, tough and strong in their character. As a soldier, I had to carry out my responsibility for the military as well as my country but personally, there was no hate or revenge. I am thankful to meet guerilla commander Lere, and treat him as one great opponent. I appreciate the invite to visit East Timor. I will accept the invitation as a private meeting or head of the organisation Tani. As you know, I am no longer in military but in farming (laughs). It is strange, those who are involved in war are the ones wanting peace. Because we know best the sufferings brought about by war.

I am for friendship between East Timor and Indonesia and hopefully, East Timor will provide the best for its citizens.

What’s past is past. We fought then, but I don’t have any feelings of hatred. What is important now is building friendship and cooperation. We don’t want to continue the animosity.

http://shakeleg.com/travel/?p=364

Machine translation. Original Portuguese text follows.

22.11.2008, Jorge Heitor - Xanana Gusmao ensures that his government will continue until 2012 and insists on bringing the Greater Sunrise pipeline to the country.

In an interview by e-mail to the public, days before the official visit to Portugal, which will start on 25, the former President of the Republic says that East Timor this year experienced the worst crisis since independence in 2002, and considers that oil is vital to reverse the increasing poverty in the country.

That balance makes its governance? Inherited several problems, and the most pressing of which are the displaced and the petitioners. Earlier this year faced the worst crisis the country suffered, after independence, which was the double attack on February 11 [against President Ramos-Horta and Prime Minister Xanana Gusmao]. We find a solution, and finally overcome all these problems. Overall, the results are therefore quite positive.

Hopes coming to the end of the current legislature? Fill all the requirements to comply with the legislature until 2012. In political and institutional terms, we guarantee the parliamentary majority [formed by the parties in the Alliance for Parliamentary Majority, elected in June 2007], which means there be no question of an institutional crisis. The level of governance, has been in recent months to increase security in our community. People have started to go out at night, which was not the case before. We solve the outstanding problems we have inherited from the previous government, such as the petitioners and IDPs. The IV Constitutional Government meets all the conditions to fulfill the mandate until the end of the legislature. But we recognize the magnitude of the problems that lie ahead, which we are trying to solve.

Intend to proceed with the construction of a pipeline to Timorese soil, so much of the process of Timor Sea oil? Our policy is to bring the pipeline from Greater Sunrise to Timor-Leste. This is the political commitment of the government. We have commissioned a study by a mixed team, composed of national and international, a technical and scientific study, and the economic, social and environmental indicators for East Timor. In fact, we have the political will to defend national interests and to bring the pipeline from Greater Sunrise to Timor-Leste, based on technical and scientific arguments.

The profits to be obtained from the Petroleum Fund will provide literacy and food for the entire population? The World Bank, the International Monetary Fund and the Center for Statistics in Dili made a study of the national poverty index in East Timor for the past five years, which indicates that it has increased since 2003 until 2007. Based on the recommendations of this study, we have to change the politics of oil. Change in order to make the policy in order to meet the needs of our population, to eradicate hunger and reduce poverty and also improve the education system and improve the living conditions in general and accessibility.

There are still people in the country to live in precarious conditions and displaced from their traditional homes? The problem of internally displaced persons has been included by the Government as one of the emerging priorities. We consider the problem of IDPs as part of security problems, particularly in Dili. We have the security in Dili and throughout the country, ensuring the return to their homes, those who are in a serious state of a humanitarian nature, the host in camps, providing the necessary facilities so they can rebuild their lives. So far, we reintegrate the displaced through the programs implemented by the Ministry of Solidarity and Social Security to resolve this issue. And close all refugee camps, apart from the Hera, west of Dili.

Is the redesign and moderniation of the armed forces and police? The Defense forces are being reshaped through the Plan 2020, under which the three branches of the armed forces will be complemented by that year. The materialization of the 2020 Plan will be implemented for five years, several vectors. First, the revision of laws on the forces of defense, National Security, Defense, the Military Service of the Organic Law of Falintil - Forces for Defense of Timor-Leste and the Statute of Military Police. Second, the construction of infrastructure, through cooperation with friendly countries. With the People's Republic of China, building the headquarters for the F-FDTL, a hundred houses for the officers, a magazine and stores as well as the purchase of two vessels. With Australia, we have developed a policy of cooperation through the construction of the Center for Special Education. We still have bilateral cooperation with countries that have signed protocols with East Timor, including Portugal, to enhance human resources. Finally, there is improvement in wages. Initially, a soldier earned 85 U.S. dollars, but at this moment, already receives 170 U.S. dollars (134 euros) including allowances for transport and accommodation. We want to also raise the pay of chief of General Staff of the Armed Forces (CEMFA) to the level of a minister and secretary of state.
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Nova crise institucional está fora de questão 22.11.2008, Jorge Heitor

Xanana Gusmão garante que o seu Governo vai continuar até 2012 e insiste na necessidade de trazer para o país o pipeline Greater Sunrise

Numa entrevista por e-mail ao PÚBLICO, dias antes da visita oficial a Portugal, que terá início no dia 25, o antigo Presidente da República diz que Timor-Leste viveu este ano a pior crise desde a independência, em 2002, e considera que o petróleo é vital para inverter o aumento da pobreza no país.

Que balanço faz da sua governação?Herdámos diversos problemas, sendo os mais prementes o dos deslocados e o dos peticionários. No início deste ano enfrentámos a pior crise que o país sofreu, depois da independência, que foi o duplo atentado de 11 de Fevereiro [contra o Presidente Ramos-Horta e o primeiro-ministro Xanana Gusmão]. Conseguimos encontrar uma solução e, finalmente, ultrapassar todos esses problemas. Em termos gerais, o balanço é, pois, bastante positivo.

Espera chegar ao fim da actual legislatura?Preenchemos todos os requisitos para cumprir a legislatura até 2012. Em termos políticos e institucionais, garantimos a maioria parlamentar [formada pelos partidos que integram a Aliança para a Maioria Parlamentar, eleita em Junho de 2007], o que significa estar fora de questão uma crise institucional. A nível da governação, tem-se verificado nos últimos meses o aumento da segurança na nossa comunidade. As pessoas já começaram a sair à noite, o que não acontecia antes. Conseguimos resolver os problemas pendentes que herdámos do anterior governo, como os dos peticionários e dos deslocados internos. O IV Governo Constitucional reúne todas as condições para cumprir o mandato até ao fim da legislatura. Mas reconhecemos a dimensão dos problemas que ainda temos pela frente, os quais estamos a tentar resolver.

Tencionam avançar com a construção de um oleoduto para solo timorense, de modo a processar grande parte do petróleo do Mar de Timor?A nossa política é a de trazer o pipeline do Greater Sunrise para Timor-Leste. Este é o compromisso político do Governo. Encomendámos um estudo a uma equipa mista, composta por nacionais e internacionais, um estudo técnico e científico, e os seus impactos económicos, sociais e ambientais para Timor-Leste. De facto, temos vontade política de defender os interesses nacionais e de trazer o pipeline do Greater Sunrise para Timor-Leste, com base em argumentos técnicos e científicos.

Os lucros que vierem a ser obtidos com o Fundo do Petróleo darão para alfabetizar e alimentar toda a população?O Banco Mundial, o Fundo Monetário Internacional e o Centro de Estatística de Díli efectuaram um estudo sobre o índice da pobreza nacional em Timor-Leste, nos últimos cinco anos, o qual refere que esta tem aumentado desde 2003 até 2007. Com base nas recomendações desse estudo, temos que mudar a política do petróleo. Mudar, no sentido de fazer a política com o objectivo de responder às necessidades da nossa população, para erradicar a fome e diminuir a pobreza e melhorar também o sistema de educação, bem como melhorar as condições de vida em geral e as acessibilidades.

Ainda há no país pessoas a viver em condições precárias e deslocados das suas residências tradicionais?O problema dos deslocados internos foi incluído no programa do Governo como uma das prioridades emergentes. Consideramos o problema dos deslocados como parte dos problemas de segurança, particularmente em Díli. Consolidámos a segurança em Díli e em todo o país, garantindo o regresso aos seus lares, daqueles que se encontram numa situação grave de carácter humanitário, em campos de acolhimento, proporcionando os meios necessários para que possam refazer as suas vidas. Até à data, conseguimos reintegrar os deslocados através dos programas implementados pelo Ministério da Segurança e Solidariedade Social para resolver esse problema. E fechámos todos os campos de refugiados, exceptuando o de Hera, a oeste de Díli.

Está a reformular e a modernizar as forças armadas e policiais?As forças de Defesa estão a ser reformuladas através do Plano 2020, segundo o qual os três ramos das forças armadas vão estar complementados até esse ano. A materialização do Plano 2020 passará por implementar, durante cinco anos, vários vectores. Em primeiro lugar, a revisão das leis sobre as forças da defesa, de Segurança Nacional, de Defesa, a do Serviço Militar, a Lei orgânica das Falintil - Forças de Defesa de Timor-Leste e o Estatuto de Polícia Militar. Segundo, a construção das infra-estruturas, através da cooperação com os países amigos. Com a República Popular da China, a construção o quartel-general para as F-FDTL, cem casas para os oficiais, um paiol e armazéns, bem como a compra de dois navios. Com a Austrália, desenvolvemos uma política de cooperação através da construção do Centro de Formação Especial. Temos ainda a cooperação bilateral com os países que têm protocolos assinados com Timor-Leste, incluindo Portugal, no sentido de incrementar os recursos humanos. Finalmente, há a melhoria dos salários. Inicialmente, um soldado ganhava 85 dólares, mas, neste momento, já recebe 170 dólares (134 euros), incluindo subsídios para transporte e alojamento. Queremos elevar também o salário do chefe do Estado-Maior General das Forças Armadas (CEMFA) para o nível de um ministro e secretário de Estado.

http://jornal.publico.clix.pt/magoo/noticias.asp?a=2008&m=11&d=22&uid=&id=285138&sid=56153

Sydney Morning Herald 23/11/2008 - Indonesia's B.J. Habibie went further than what John Howard sought - offering independence, writes Paul Daley.

There has been a lot of disagreement recently about just who said what to whom in serious policy and political discussions over the course of the last government.

While we'll have to wait 30 years for the release of the cabinet papers to get to the bottom of some arguments, other matters that preoccupied the Howard government are not so subject to the vagaries of revisionism.

Take East Timor. In an interview for the ABC's The Howard Years, the former prime minister explains how he wrote to Indonesian president B.J. Habibie on December 19, 1998, to tell him Australia was backing self-determination for East Timor. Howard says what we already knew: not only did Habibie agree but he went further and voiced his support for an independent East Timor.

"It is true that none of us had envisaged that's what Dr Habibie would've done," Howard says. "Dr Habibie went further but the direction in which he travelled was the same direction that was requested in the letter. It's just that he went much further. He was 20 miles instead of five."

Habibie did catch Australia off-guard when, in January 1999, brandishing Howard's letter, he said East Timor would be given a choice between independence and autonomy. Before this, Habibie had been promoting "special status" for East Timor - code for autonomy within Indonesia.

What may not be entirely clear from the ABC interview with Howard is that East Timor remaining part of Indonesia was actually Australia's favoured position, too.

A recent paper by Dr Clinton Fernandes, published in the Kokoda Foundation's journal, Security Challenges, makes this plain. It quotes the government's then upper house leader, senator Robert Hill, telling a Senate committee hearing on February 11, 1999: "The prime minister has come to the conclusion that an autonomous East Timor within Indonesia, at least for the time being, would be the better option."

The timing of Hill's comment is important because he made it two months after Howard sent his letter to Habibie and a month after the Indonesian president stated his new position.

Fernandes is a senior lecturer in strategic studies at the Australian Defence Force Academy and the author of two books on Australian-Indonesian relations. At the time of the East Timor crisis, he was principal analyst for the Australian Intelligence Corps.

He is a controversial figure in the East Timor debate. In 2000 he was named on a search warrant along with journalists in relation to leaked intelligence information. But his academic work is forensic, tapping sources that provide insight into the internecine manoeuvrings preceding the deployment of the Australian-led INTERFET (International Force for East Timor) force.

Kevin Rudd doesn't escape Fernandes's pen either. In 1997, Labor's foreign affairs spokesman, Laurie Brereton, changed the party's platform from one of bipartisanship on East Timor to recognising the Indonesian colony's "right of self-determination".

Backbencher Rudd was, says Fernandes, one of the "defenders of the old policy" on Timor. He writes that Rudd tried to convince others in Labor that Brereton's approach was wrong - a fact that pleased the Indonesian government, which invited him to East Timor.

"Rudd co-ordinated his visit to East Timor with the Indonesian government, the Australian Embassy in Jakarta and [then foreign minister, Alexander] Downer's office. Just hours before getting on the plane, Rudd called Brereton to inform him of the trip. This call took place only after the Howard government had started briefing members of the press gallery, meaning that Rudd had manoeuvred with the government against his own party's spokesperson."

On leaving Federal Parliament recently, Downer said: "I spent nearly 12 years as the foreign minister of Australia and during that period I helped to free the people of East Timor and I would single that out as my greatest achievement."

Certainly Downer can take some credit. But the facts also remain that from early 1999, when it was clear East Timor was heading towards a self-determination that would displease the Indonesian military enormously, the US pushed and prodded Australia much of the way.

The pressure began official to official and ended, it is understood, with one of the most senior figures in the Clinton administration directly pressuring Howard.

The awakening for the US - whose Congress had always been much more active on East Timorese human rights than Australia's Parliament - was, as Fernandes points out, an article in the International Herald Tribune by Dr Dewi Fortuna Anwar, a senior adviser to former president Habibie.

"Indonesia's 500,000-strong military cannot be relied on to do the job [of securing the autonomy ballot] because it is not regarded as neutral," she wrote in February 1999.

Alarm bells rang in the US State Department. But unfortunately Howard and Downer were giving Jakarta the benefit of the doubt amid endless Australian intelligence reports showing the Indonesian military was orchestrating militia violence against ordinary East Timorese to discourage a vote for independence.

What happened next is not a matter for dispute because the records were leaked.

A US assistant secretary of state, Stanley Roth, met the then head of the Department of Foreign Affairs and Trade to say that a full-scale peacekeeping effort was inevitable and that Australia's position of keeping peace at arm's length was defeatist.

Australia eventually led the way in East Timor. But only after significant pressure to do so.

http://www.smh.com.au/news/opinion/our-east-timor-legacy/2008/11/22/1226770798835.html

Maucau Daily Times 22 November 2008 by Anni Lam and Sara Farr - Macau and East Timor signed a judiciary agreement yesterday which will see both regions benefit from reciprocal training of its legal professionals. Florinda da Rosa Silva Chan, Secretary for Administration and Justice and the Minister of Justice in East Timor, Lucia Lobato, signed the framework of Legal and Judiciary reciprocal protocol agreement at the government headquarters yesterday evening.

With singing the protocol, the first of its kind between Macau and its counterparts, the SAR and the Democratic Republic of East Timor will further co-operate in legal aspect as well as help each other in capturing fugitives on the run, organise transfer of sentenced convicts and help with criminal investigations.

The protocol singing was also authorised by the central government, Chan said. “Some of the activities such as judiciary staff training or lawyers' training will be implemented as soon as possibile, and the SAR government will cordially provide supports if there any need for it,” Chan said, adding that other assistance such as registrars' and other related officials' training could also be provided under by signing a further co-operation agreement.

The Minster of Justice of Democratic Republic of East Timor said that as a new country of only six years, the nation will need to rely on Macau to train legal professionals. “Macau is a good experience for us to learn from,” the Minister said, adding that East Timor is also looking to train private lawyers with the expertise from Macau. She said that the number of judiciary staff and vocational training is sill scarce in East Timor.

“There is a lack of legal board members, and that is such a big concern for us [East Timor],” Lobato said, adding that the country lacks the most in judges, lawyers and registrars. Chan added that this agreement is important to Macau because since the SAR is also short on the number of legal experts, “it is an opportunity to explore other ideas and other ways [of recruiting more legal professionals.” The content of the framework includes vocational training, notary work as well as exemption on notarial documents.

http://www.macaudailytimesnews.com/index.php?option=com_content&task=view&id=19350&Itemid=28

Sydney Morning Herald 21/11/08 - East Timor has gone on a spending spree to try to buy civil peace, but it's stirring its own unrest. Lindsay Murdoch reports from Dili.

Joni Marques can't believe his luck. 'Kill them all,' he yelled to his militia subordinates on 25 September 1999, precipitating the massacre of nuns and priests in one of the more heinous crimes in the aftermath of East Timor's vote for independence from Indonesia.

Sister Erminia knelt and prayed as she was slashed with a machete. She was then thrown into a river and shot twice. Petrol was poured over three of the car's passengers and they were set alight. As one ran, Marques shot him dead. Another was tied to a tree and mutilated.

Indonesian-trained Marques, who claims to have acted on the orders of unnamed Jakarta generals, pleaded guilty at a United Nations tribunal in 2001 and was sentenced to 33 years' jail. But in June, to his surprise, Marques received a presidential pardon and is now the beneficiary of an unprecedented spending binge by the coalition Government in Dili.

When released from jail, Marques went to live with his wife in a Dili refugee camp. That made him eligible for up to $US4500 ($7339) - a payment from the Government to families that agree to leave the camps. Marques couldn't believe his luck again.

Because his wife is a public servant, Marques's family receives free rice each month. She's also about to receive a month's salary as a Christmas bonus. And now Marques and his family live rent free in a house built with foreign aid. There seems no end to his good fortune, particularly measured against his past.

The Herald interrupted Marques's afternoon nap and found that the contrast was not lost on him, either. "I don't want to talk about my life because people might take things away from me," Marques says.

Six years after gaining independence, East Timor's Government has thrown away the rule book for developing nations and is spending some of its oil and gas wealth that had been earmarked for future generations. Since 2005, its budget has increased 450 per cent to $US800 million, mostly in the name of peacemaking.

"We had to make policies to buy peace," said the Prime Minister, Xanana Gusmao, in a recent interview.

Most of the 100,000 refugees forced from their homes amid the 2006 violence have taken the Government's money and gone on spending sprees. Motor bikes and cars jam pot-holed streets, and DVDs and televisions are emptying out of stores.

The Government's largesse is spread throughout the half-island country. People aged 55 or older, most of whom have only ever lived in hand-to-mouth poverty, get a pension of $US20 a month - unheard of in most developing nations.

Image: A cross marks the spot in the remote eastern region of Lautem where one of the most heinous crimes against humanity was committed on 25 September 1999. For a detailed report of this crime, see Murder of Los Palos Clergy 25 September 1999

The Jakarta Post 21/11/08 - The former commander of the Indonesian army's special task force [Kopassus], Prabowo Subianto, held a friendly meeting with former enemy, Lere Anan Timur, in Jakarta on Friday.

During the meeting, Lere, a former commander of the Fretilin guerrilla army, was accompanied by Timor Leste's deputy defense minister, Julio Thomas Pinto.

"A meeting like this is very important. In the past we went head to head as enemies. We fought each other. But now, we are together to bury all the hatred and replace it with a friendship bond," Prabowo said, as quoted by kompas.com.

During the meeting, Prabowo proposed the return of bodies of deceased Indonesian military officers to make it easier for families and relatives to pay their respects.

Lere, meanwhile, requested improved access for the Timor Lestegovernment to files regarding Indonesia's military operations in Timor Leste during the New Order period, as part of an effort to write objective historical accounts of the war between the two nations.

Lere said the Timor Leste government had made formal proposals of the request to the Indonesian government.

Indonesia and Timor Leste were both facing the challenge to answer demands of victims of the war, particularly for their compensation and matters regarding their livelihood, Lere said. He also called on Prabowo to visit Timor Leste soon.

Image: General Prabowo is a war criminal. Amongst other things, in December 1978, he commanded an Indonesian military unit called Nanggala 28 which was responsible for killing the Fretilin commander Nicolau Lobato. See East Timor 1999 Crimes against Humanity by Geoffrey Robinson University of California Los Angeles July 2003. Prabowo was also named as being a key figure in connection with the Kraras Massacre in Viqueque district in 1983. ( CAVR Update April – May 2003)

Earth Times 21/11/2008 Dili - Two years after the police and military collapsed and months of anarchy drove more than 100,000 people into displacement camps, East Timor has yet to fix the underlying causes of the instability, and, given the poor government turnout at a stability retreat Friday, it would seem there is still little political will to address the issues. Only a handful of government officials bothered attending the government-sponsored retreat that was designed to look for long-term solutions to the problems threatening the stability of Asia's newest nation.

Two of the biggest issues on the agenda - what to do about the continuing problems of security and land rights in East Timor - were the flashpoints in its 2006 civil unrest.

East Timor was torn apart by violence and arson two years ago, which left dozens dead. Violence flared again in February this year as rebel soldiers attacked Prime Minister Xanana Gusmao and President Jose Ramos-Horta. Both survived, and since the attacks, there has been no new unrest, yet the causes of East Timor's instability continue to loom large, and leaders in the capital, Dili, said they are worried.

"Existing tensions, if unaddressed, can undermine the hard-fought gains of the past year," Gusmao warned Friday in his opening statement.

Gusmao said his government was ready to tackle "the root causes of the crisis" although a quick head count told a different story: Only two ministers attended the retreat, joined by a handful of civil servants.

The prime minister said at one point that no ministry or agency could work alone to solve the country's needs, and he closed his opening address by begging participants to stay.

"In light of the high importance afforded by the government to these issues, I expect that all participants remain for the entirety of the retreat and actively contribute to the discussions," Gusmao said.

But 10 minutes later, the prime minister himself ducked out, and by noon, one minister was left with a handful of directors, largely lost in a sea of foreign faces. So, with local input largely overwhelmed, the search for solutions began.

The one-day retreat, called Working Together For Stability, was sponsored by the Ministry for Social Solidarity, the agency largely responsible for social issues, but since the crisis, its biggest successes have been largely cosmetic.

This year, it has cleared the majority of displacement camps by handing out thousands of dollars in cash and bags of rice to homeless families. Even the ministry admitted that cash and rice won't guarantee stability, but longer-term solutions are rare.

Consider security reform. In 2006, the police and military both disintegrated along regional lines into armed, factionalized bands. Civilian militias, illegally armed to try to control the situation, further confused the deadly morass.

Today, security is largely dependent on outside influences. New Zealand and Australian troops still patrol the nation while the police force is managed by the United Nations.

Yet a foreign security presence is hardly a sustainable solution, and experts said a Timorese security plan is needed.

In July, the UN Development Programme gave more than 1 million dollars and two advisers to a security-sector reform panel tasked with recommending improvements in security policy, but in four months, the panel of five has met only twice. There is also serious concern because one of the members is alleged to have helped cause the 2006 crisis.

Panel member Roque Rodrigues was the defence minister in the period leading up to the 2006 crisis, and the UN's own Commission of Inquiry alleged Rodrigues knew and approved of the illegal handover of guns to the militias. Yet Rodrigues, far from ever going to court, was picked by East Timor's government to work with the United Nations on security policy.

Finne Reske-Neilsen, the UN Development Programme's resident representative, defended Rodrigues' placement on the security panel.

"If there is to be security-sector reform, then it needs to involve all the relevant players," he said. "There needs to be that broad body."

Then there's the land issue. After the breakdown of law and order in 2006, a rash of arson swept across Dili as entire neighborhoods, rent by regional divisions, burned out families they claimed had no right to live there. Legally, they didn't have a right since no land law had been passed, there were no land titles and thus no one had any legal claim to their home.

But two years on, there is still no land law, and the government hasn't created any new neighborhoods to house the displaced. So with cash in hand and nowhere else to go, many of the displaced families have returned to their old neighborhoods, hopeful the government would figure out solutions to long-standing problems.

http://www.earthtimes.org/articles/show/242685,lack-of-government-participation-stymies-timor-stability--feature.html


Image: East Timor's Prime Minister Xanana Gusmao.

21 Nov 2008 Radio Australia - East Timor's government says closing the country's internal refugee camps represents only a small part of the effort needed to ensure a full recovery from the civil conflict of two years ago.

More than 100,000 people fled their homes and settled in camps across East Timor when violence erupted in 2006.

As Radio Australia's Stephanie March reports from the capital, Dili, officials and aid agencies have been discussing the challenges posed by the large numbers of refugees now returning home.

East Timor's prime minister, Xanana Gusmao, says land issues and a lack of job opportunities are among the problems that need to be addressed, now that more than half of the nation's internally displaced people have returned to the communities they fled from two years ago.

The government is struggling to provide adequate services such as water and education to communities where large numbers of refugees have returned in recent months.

Finn Reske-Neilsen from the United Nations Development Program says both short and long-term issues need to be considered.

"There will be a need to address the social jealousy due to IDPs returning with their recovery packages, and to address broader issues," he said.

East Timor's government hopes to close all the internal refugee camps by February 2009.

http://www.radioaustralia.net.au/news/stories/200811/s2426818.htm?tab=asia

Nicolas Rothwell 21 November 2008 The Australian - SUN and moon, life and death, male and female, metal and textile, profane and sacred: the thought world of East Timor rests on a base of elaborate, long-preserved dualities, as does its art tradition.

The jewels of that tradition, magnificently explored and subtly presented, go on view in a landmark exhibition at Darwin's Museum and Art Gallery of the Northern Territory this weekend. From the Hands of Our Ancestors (Husi Bei Ala Timor Sira Nia Liman) is at once a serene overview of works from Australia's close northern neighbour and a way stage in East Timor's journey towards national revival. Composed from a marriage of the museum's superb Timorese holdings and the prize objects from the former provincial museum in Dili, this show -- swiftly mounted, wonderfully curated - ushers its viewers into an unfamiliar realm. Here, birds are spirit guides for the deceased soul, turtle-shell bracelets protect the wearer from negative energies and crocodiles are arbiters of guilt and innocence. Here, during the days of the full moon, mermaids cry tears of magic that, when obtained by a cunning man, can be used as a sure means of attracting women; here male and female compose the linking opposites of life, indeed the ritual interdependence of the two sexes is so total, so seamless, that it seems quite natural to compare their relationship with that between a plate and a spoon.

It was during the upheavals of September 1999 in Dili, following the East Timorese independence referendum, that the processes that have culminated in this exhibition were set in train. The museum building was broken into and ransacked. More than two-thirds of the art and antiquities collection was destroyed, looted or soaked by the wet season's repeated downpours.

As Cecilia de Assis, head of East Timor's directorate of culture, writes in the trilingual catalogue accompanying this show, the destruction of cultural heritage was widespread and went far beyond the museum walls: "Havoc was wreaked on national heirlooms within the community, such as sacred objects held within traditional ceremonial houses."

Under the ensuing UN transitional administration, an emergency initiative to secure and recover the remaining artworks began at once. Darwin was the nearest Australian city.

The Darwin museum's specialist staff swung into action and helped rescue more than 500 objects: today the core of the new national collection of East Timor. A phase of reconstitution and conservation followed, backed by a large-scale transfer of expertise between the curators and museum personnel of the two cities, partners in an exercise of cultural retrieval on the grand scale.

Given this backdrop, From the Hands of Our Ancestors serves as a poignant invocation of Timor's deep past, as well as offering a first sketch of the new nation's creative future. MAGNT's Southeast Asian art curator, Joanna Barrkman, has crafted a display that summons up the complexity of the island's multiple traditions and the propensity of its artisans to exploit and rework foreign influences: Gujarati Indian, Chinese, Malay and Portuguese designs and patterns have all been incorporated into the weavings and ceramics shown in the lushly painted galleries.

The exhibition is artfully constructed to usher its visitors deep into a supernatural world, where reverence for ancestors is expressed in ornate figure carving and architecture. Traditional Timorese sacred houses, presided over by Mother Earth, hold in their interior "a dark, warm inner protected space, characterised by life-giving immobility and constancy, a stable point of orientation in the changing world", according to Barrkman's catalogue. Ancient house doors, carved with images of rulers and totemic animals, surround the exhibition's central chambers, where swords and jewels, masks and precious ceramics gleam in the low light. At the heart of the island's belief system were the wood-carved figurines of ancestors. In old days, these were made by ritual specialists, then incised in stylised fashion and placed beside a gravesite until their eventual disintegration in the tropical landscape. Early carvings in stone also have been found, in the Bobonaro region, near the centre of the island. Twenty of these hieratic, solemn figures are in the Dili collection; three of them form the high point of the Darwin display.

But the turmoil of recent decades has weakened the hold of this art form. Barrkman writes, rather bleakly, that local ceremonial leaders regard the carving tradition as under threat of imminent extinction.

This pattern holds for much of Timorese ancestral culture, which rarely has been accorded a clear, detailed, scholarly overview of the kind it receives here. In fact, no comprehensive museum survey of Timorese culture and tradition had been mounted until this exhibition, although significant collections of the island's artworks are gathered in ethnographic museums as far afield as Lisbon, St Petersburg and Berlin. A handy touch-screen in one of the MAGNT galleries displays the highlights of these overseas holdings for the curious to inspect.

Timor's cultural pattern down the millennia was unusual: it was a crossroads island, constantly subject to the influence of incoming traders, constantly absorbing the strange and new, yet always assimilating those influences into a central, stable set of paradigms.

One result was a regular modulation of the local textile and artefact traditions: "The designs and visual language of Timor were continually being recast by artisans, who interpreted imaginative thought within a strict framework that accumulated into a distinctive indigenous expression."

Such was the paradox of the island's past: subject to repeated intrusions, yet ever more enduringly itself. Can that pattern last in these fraught post-independence times, when the wellsprings of tradition are at last brought into danger by that most disquieting and levelling of all pressures, globalising modernity? In the face of such uncertainty, the deeper aims behind From the Hands of Our Ancestors come into focus.

"We hope that we can bring attention and support to the artisans still living in today's Timor, people who have inherited the skills of their forefathers: carvers, metal-smiths, jewellery-makers," Barrkman says. And a side gallery testifies to a fresh art current emerging, nurtured in part by returning exiles, in the Timorese landscape of today: quietly labelled as "new impressions", this sequence of contemporary paintings seeks to describe the origins and first steps of the fledgling state.

Sadly, yet tellingly, the exhibition will not be travelling back to Dili for a home season. There is no new museum in the East Timorese capital and the old provincial museum building serves as an internally displaced persons camp. "The long-term process of constructing a stable democratic civil society in one of the world's poorest nations is not something achieved overnight," Barrkman told last year's Museums Australia conference, just a few months before the eruption of the latest round of troubles in Dili, triggered by an assassination attempt on President Jose Ramos Horta.

Yet building a museum for the collection is a priority, as a symbol of nation-building and as a presentation of the past of Timor to the generations of its present and its future. Young Timorese encountering for the first time the items in the Dili or Darwin collections are often overwhelmed by the depth and beauty of the carvings and textiles they see: subtly woven cloths, intricately carved house finials, fine ceramics, slender grave-makers from the island's remote eastern tip.

When viewed by students, scholars and artists today, these frail objects become more than the mere remains of a past subjected to strong imprints. They have the potential to serve as active vectors of a rebirth. "There is a strong customary culture in Timor, still in living memory, and objects such as these are critical to the reinvigoration, replenishment and recreation of this domain," Barrkman says. "And in these new times we would hope there will be cultures re-emerging."

Such urgent tasks of retrieval illustrate an aspect of museum management little seen in today's Australia, where the metropolitan palazzos of the southeast concentrate on their own approximations of blockbusters and their attempts at cutting-edge, controversy-courting displays. But Darwin's MAGNT, despite years of governmental neglect and under-funding, has pulled off, in From the Hands of Our Ancestors, that rarest of things: an exhibition of perfect pitch and urgent relevance.

Barrkman, who follows in a long line of distinguished curators and collectors of Asian art at the Darwin museum, has demonstrated what a small, committed team within an institution can do in the realms of cultural diplomacy. It is an offering from the Top End to Timor, one that will be remembered long after the standard pieties of regional engagement have vanished from the mind.

From the Hands of Our Ancestors (Husi Bei Ala Timor Sira Nia Liman) at the Museum and Art Gallery of the Northern Territory until July 12, 2009.


http://www.theaustralian.news.com.au/story/0,25197,24681857-16947,00.html

Suai Media Space 20 November 2008 - The Circle of Stones the short film (11mins) has been uploaded on to Suai Media Space. Written and Directed by Jen Hughes and Filomena dos Reis. Edited by Rosie Jones

The Circle of Stones documents the story the Suai Church Massacre . The film intercuts a re-enactment of the massacre, written and directed by Filomena dos Reis for a performance held on the First Anniversary, with the grieving around the circle of stones and the Catholic Mass. In this way the film has been given an intimate and emotional dramatic tension rarely seen in a short documentary. Controversial because of its intimate shots of the women grieving and its emotional character, the critics couldn’t know that the footage was made possible by the deliberate actions of those women who pulled the filmmaker into the circle so that their story would be told to the world. As Melbourne writer and critic Felicity Collins commented:

“…. The circle of stones shows us the face of grief, in particular it shows us the faces of women taking on the public role of mourning with their bodies and their voices. . The film’s quiet focus on the intense expression of collective grief reminds us that remembering the past through mourning is a way of making history and that women play a key role in this process.”

In 2002, with the help of ETAN, Filomena took the film on a tour of the United States and screened it for the U.S. Congress. According to Filomena, she thanked the Congress members for their time, and asked their indulgence to watch the film she brought with her. As the video player began she turned her back and left some of the most powerful people in the world to watch this simple plea for justice. Among the audience who saw the film were Hilary Clinton and Condaleezza Rice. According to Filomena, with tears in her eyes Ms Clinton bent forward to whisper in her ear ” I cannot promise, but we will see what we can do”. We are still waiting Ms Clinton.

Made purely as an act of friendship for the people of Suai this little film has done some good work, now it can continue via this website.


For a more detailed account of the Suai Church massacre of 6 September 1999, see 1999 East Timor Crimes Against Humanity


Image: The Suai Church where the notorious massacre of innocent unarmed civilians and clergy was committed on 6 September 1999 in the wake of the annoucement of the results of the autonomy referendum.

17 November 2008 Lao Hamutuk Dili - On 13 November 2008, three judges of the Timor Leste Appeals Court issued a unanimous ruling regarding the $788 million mid-year budget which had been passed by Parliament and promulgated on 5 August. In response to a case brought by 16 Members of Parliament, the Court ruled as follows:

1. The $240 million dollar Economic Support Fund violates Timor-Leste’s Constitutional prohibition against secret budgets (Article 145.2) and Parliament’s power to oversee budgetary operations (Articles 95.2(q) and 115(d)).

2. The Budget’s withdrawal of $290.7 million more than the Estimated Sustainable Income (ESI, $396.1 million) from the Petroleum Fund is illegal because it violates the 2005 Petroleum Fund Law’s requirements that petroleum resources must be managed for the benefit of current and future generations. The Government failed to meet the requirements of Articles 8 and 9 of that law to provide a detailed explanation of why it’s in Timor-Leste’s long-term interests to spend more than the ESI.

3. In order to preserve the certainty and security of the state, the effective date of the ruling is the date of its submission of Parliament. As of 13 November, the Economic Stabilization Fund must stop and no money can be withdrawn above the ESI.

4.The court rejected plaintiffs' arguments that parliamentary procedures and chairing during the budget debate unconstitutionally violated Parliament’s powers.

5. The court rejected plaintiffs' argument that allocating 97% of the budget to the Government, with much small amounts for Parliament, President and judiciary, violates the Constitutional separation of powers.

The case was filed on 29 August by 16 Parliamentarians from the Fretilin, PUN and Kota parties.

The decision was signed by judges Ivo Nelson de Caires Batista Rosa (acting President), Claudio Ximenes, and Jose Luis da Goia. Although the decision is dated 27 October, Judge Rosa's cover letter to Parliament was originally dated 11 November and amended to 13 November. It will likely be published in the official Jornal da Republica during the week of 17 November. However, the decision states that it is effective as of the date it was sent to Parliament.

Local media coverage of the court ruling has been inconsistent – it was a banner headline in the 14 November Timor Post, less prominent on Diario's front page, and not mentioned in Suara Timor Lorosae until the next day, or on TVTL's evening news the following two nights.

After the court ruling was sent to Parliament, partisan political accusations from both sides overshadowed the important legal issues discussed by the court.

On 18 November, President of Parliament Fernando La Sama Araujo petitioned the court to reverse its decision.

To date in 2008, the Government has withdrawn $220 million from the Petroleum Fund this year, $140 million in the third quarter and $80 million in October. They asked for $80 million more in November, but it has not yet been transferred. Although the budget unconstitutionally authorized a total withdrawal during 2008 of $686.8 million, the court’s ruling limits this to $396.1 million. It is not clear whether that is sufficient to satisfy the Government’s cash needs for 2008, as many budgetary commitments may not be fulfilled.

From January through September 2008, the Government had spent $218.6 million (including $14.7 million from the Economic Stabilization Fund). An additional $237.6 million has been obligated or committed. Unofficial information indicates that several tens of millions additional were spent from the Economic Stabilization Fund just before the court ruled.

20/11/2008 NZ Herald - New Zealand's peacekeeping troops will stay in East Timor for as long as necessary, new Defence Minister Wayne Mapp said today.

Mr Mapp was at Ohakea air base to see off the latest contingent of troops on their six-month tour of duty.

"We have to do what's required. We did pull out some years ago and we saw things deteriorate," Dr Mapp said on TV One News.

"We cannot let that happen again."

New Zealand has about 180 defence force personnel and 25 police in East Timor as part of an international peacekeeping force, and there has been a New Zealand presence in the country since it gained its independence from Indonesia in 1999.

East Timor's Prime Minister Xanana Gusmao visited Wellington in August and thanked the then prime minister, Helen Clark, for New Zealand assistance.

Image: New Zealand troops in East Timor perform the haka - a traditional dance form of the indigenous people of New Zealand, the maori.

20 November 2008 Online opinion - Australia's e-journal of online social and political debate By Sasha Uzunov - Influential Defence expert and former Fairfax journalist, Hugh White, has revealed that Australia’s involvement in East Timor succeeded because of the Indonesian military’s (TNI) reluctance to fight a full scale war; this is partly true.

"Interfet succeeded as well as it did largely because Habibie and the TNI allowed it to succeed," White said.

Interfet was the name of the 1999 Australian led mission to restore order after East Timor declared its independence from 24 years of harsh Indonesian occupation. BJ Habibie was the then President of Indonesia who permitted East Timor to hold a UN supervised referendum.

White, who was the deputy secretary (strategy and intelligence) in the Defence Department, and the mastermind behind the Interfet mission, fails to mention four big factors behind the success.

They are: the brilliant leadership of two Australian Army generals, Frank Hickling and Interfet Commander Peter Cosgrove, the calibre of the Special Forces, the SASR, and the ordinary digger when confronted by the pro-Indonesian militia groups.

There was a secret war in East Timor fought by Indonesian Special Forces: Kopassus. The objective was to inflict as many casualties on Australians and New Zealanders in the hope that their respective governments would withdraw.

The Howard government at the time deliberately used the Army’s elite Special Forces unit, SASR (Special Air Service Regiment), to do most of the fighting in East Timor: fighting which should have been performed by the infantry.

The political logic was that the public and media would accept SASR casualties rather than a 19-year-old infantryman, fresh out of home or from a small country town.

But political logic does not necessarily make good military sense and vice-versa. In East Timor the pro-Indonesian militia tried to inflict as many casualties as possible on our infantry units, including battalions made up of many reserve/part time soldiers, in the hope that Australia would withdraw.

White is quiet on the issue of throwing reservists into the deep end after the regular army had been gutted; it was only the quality of the ordinary Australian soldier which stopped a disaster from happening.

It was General Frank Hickling’s foresight in 1998 as the Chief of Army that should be acknowledged. He issued his famous “back to basics” order that all Australian soldiers, regular and reserve, must sharpen their war fighting skills. He was concerned at the rundown of the Army.

Ironically, it was White and another defence expert, Paul Dibb, who were the prime movers in cutting back Army numbers in the late 1980s. Neither have ever served in uniform.

Respected Brigadier Jim Wallace, former Special Forces Commander, wrote in 2003:

Unfortunately, Australian defence policy has been mainly wrong for the whole of this period. Even after we committed troops to East Timor, Professor Paul Dibb, the policy's chief architect, was standing in front of parliamentary committees vowing that Australia would not be conducting what he called "expeditionary" operations out of the region. This was despite a series of major UN deployments over many years to places as far a field as Rwanda and Somalia. Afghanistan and Iraq have hopefully now discredited this logic.

At the same time, Dr Hugh White was arguing in initial drafts for the 2000 white paper to reduce the size of our army to about 19,000, on the basis that, like Professor Dibb, he didn't see the Government needing options for deployment out of the region, particularly for sending the army. The result has been an incredible demand on the dedication and professionalism of our special forces as they have again been thrown into the breach that our supposedly expert defence planners couldn't predict.

Sasha Uzunov is a freelance photo journalist, blogger, and budding film maker whose mission is to return Australia's national defence/ security debate to its rightful owner, the taxpayer. He also likes paparazzi photography! He graduated with a Bachelor of Arts degree in Journalism from The Royal Melbourne Institute of Technology in 1991. He served as a professional soldier in the Australian Army from 1995 to 2002, and completed two tours of duty in East Timor. As a journalist he has worked in the Balkans, Iraq and Afghanistan. His blog is at Team Uzunov.

http://www.onlineopinion.com.au/view.asp?article=8179&page=2

Image: Australian troops secure the peace in East Timor in 1999.

Uofficial machine translation. Original Portuguese text follows.

East Timor Parliament Plenary Proceedings 18 November 2008
Secretariat
Office of Public Relations

No agenda 154/II Plenary Meeting of Tuesday 18 November 2008

The plenary session today was presided by the First Vice-President of the National Parliament Mr Vicente da Silva Guterres (CNRT), assisted by Deputy Secretary of the Bureau Mrs. Maria Terezinha Viegas (CNRT), I Deputy Secretary of the Bureau Maria da Costa Exposto (PSD) and II Deputy Secretary of the Bureau Mrs. Mrs. Maria Teresa de Carvalho (PD).

The Head of the Parliamentary Bench FRETILIN, Mr Aniceto Guterres raiesd a point of order on the President's meeting to protest about the content of the agenda at 154. He said it was too long and wondered why the leaders of parliamentary benches were not summoned yesterday.

I Vice President of the National Parliament replied that in fact the agenda No 154 had to change because yesterday's Parliamentary Bench CNRT asked the Bureau to make political statement, Mr. Cornelius Gama (G-7) (UNDERTIM) also asked the Bureau to give their information to justify their absences, and on Nov. 13 was scheduled conference of the Parliamentary Leaders of benching but lacked a quorum.

In the period before the Order of the Day were held the following information:

information on the grounds of absence of Mr Dep Cornelio Gama L-7 (UNDERTIM). According to this information, he requested the Bureau to consider justified the absences due to the plenary and the committees it belongs, on days 17 to November 18, 2008, because of reasons considered, which makes the terms and for the purposes under Articles 8, 1) b 2 and 3 and 5, paragraph 2 of Law No 5 / 2004 to May 5 (Statute of Deputies) and 11, 1, e), the Rules of Procedure of Parliament (published in the Journal of the Republic, Series I, paragraph 2, of June 11, 2003).

Read and appreciation of the report of the study visit to Portugal made in September 2008, the Commission for Agriculture, Fisheries, Forestry, Natural Resources and Environment (Commission D). This report was submitted to the Bureau by Mrs Dep Brigida Antonia Correia (CNRT), Chairman of Commission D as Head of Delegation and Mrs. Dep Welcome Catarina Rodrigues (CNRT) as Rapporteur.

Appreciation of Read and report on the visit of the Committee for Elimination of Poverty, Rural and Regional Development and Gender Equality (Commission E) to the Sub-district of Hato Udo, Ainaro district, in April 2008. This matter was not made because of the absence of Mr Dep Osorio Florindo C. Da Costa (FRETILIN), Chairman of Commission E and Ms. Rosa Maria Dep Board (CNRT), as rapporteur.

Distribution of text of the Court of Appeal on the constitutionality of Supervisory Abstract and Legality of Law 12/2008 and the Joint Statement of the AMP Leadership of the District of Bobonaro.

Political Declaration of the Parliamentary FRETILIN Bench on the attitudes of the Minister of Justice Mrs. Lucia Lobato on abuse of power and CCN (corruption, cronyism and nepotism) that were published in the Jornal de Tempo Semanal.

Political Declaration of the Parliamentary Bench CNRT on the decision of the Court of Appeal made by international judges and supplemented by East Timorese judges and the decision was signed by the President of the Court of Appeal Mr. Claudio Ximenes who is in Portugal undergoing treatment for health.

Information of Deputies on the needs and problems of the people in accordance with the information they have on land. The information they are presented in this Plenary Session: Decision of the Court of Appeal, Court of Appeal's recommendation not to politicise its decision and consider it as violation of the Constitution, reconstruction of roads with mud, corruption, must accept the decision of Court of Appeal in a pleasant and good understanding, lack of clean water in the neighborhood of Becusse-center of Dili, Mr. Hercules was received as a VIP guest of the Government of Timor-Leste, however, in Indonesia, it is suspected and known as the leader of a network of mafia and corruption not only exists but has now existed since a long time.

During the period of the Agenda was the only topic discussed:

"Discussion and vote in general and specialty, the Proposed Law on 11/II (" Protection of Witnesses ")."

This matter was not made because the Minister of Justice Lucia Brandao Lobato did not attend. The matter was postponed to next week.

The Chairman closed the Plenary Session. End. Gabienete Public Relations
-----
Secretariado
Gabinete de Relações Públicas

Agenda n.o 154/II Reunião Plenária de Terça-Feira, de 18 de Novembro de 2008

A Sessão Plenária de hoje foi presidida pelo I Vice-Presidente do Parlamento Nacional Sr. Deputado Vicente da Silva Guterres (CNRT), coadjuvado pela Secretária da Mesa Sra. Deputada Maria Terezinha Viegas (CNRT), I Vice-Secretária da Mesa Sra. Deputada Maria da Costa Exposto (PSD) e II Vice-Secretária da Mesa Sra. Deputada Teresa Maria de Carvalho (PD).

Chefe da Bancada Parlamentar da FRETILIN, Sr. Deputado Aniceto Guterres solicitpu ponto de ordem ao Presidente da Reunião para protestar sobre o conteúdo da agenda n.o 154. Ele disse que este foi demasiado comprido e perguntou porque que os Líderes das Bancadas Parlamentares não foram convocados ontém para conferir.

I Vice-Presidente do Parlamento Nacional respondeu que de fato a agenda n.o 154 teve mudança porque óntem a Bancada Parlamentar da CNRT solicitou à Mesa para fazer declaração política, o Sr. Deputado Cornélio Gama (L-7) (UNDERTIM) também solicitou à Mesa para dar a sua informação de justificação de faltas e no dia 13 de Novembro foi programada a conferência dos Líderes das Bancadas Parlamentares mas faltou de quórum.

No período de Antes da Ordem do Dia foram realizadas as informações seguintes:

- Informação sobre a justificação de faltas do Sr. Dep. Cornelio Gama L-7 (UNDERTIM). De acordo com esta informação, ele requisitou à Mesa para considerar justificadas as faltas dadas ao Plenário e às Comissões que lhe pertençam, nos dias 17 a 18 de Novembro de 2008, por motivo de razões ponderosas, o que faz nos termos e para os efeitos previstos nos artigos 8.o, n.os 1, alínea b), 2 e 3, e 5.o, n.o 2, da Lei n.o 5/2004, de 5 de Maio (Estatuto dos Deputados), e 11.o, n.o 1, alínea e), do Regimento do Parlamento Nacional (publicado no Jornal da República, Série I, n.o 2, de 11 de Junho de 2003).

- Leitura e apreciação do relatório da visita de estudo comaparativo a Portugal efetuada, em Setembro de 2008, pela Comissão de Agricultura, Pescas, Florestas, Recursos Naturais e Ambiente (Comissão D). Esse relatório foi apresentado na Mesa pela Sra. Dep. Brígida Antónia Correia (CNRT), Presidente da Comissão D como Chefe da Delegação e a Sra. Dep. Benvinda Catarina Rodrigues (CNRT), como Relatora.

- Leitura e apreciação do relatório da visita da Comissão de Eliminação da Pobreza, Desenvolvimento Rural e Regional e Igualdade de Gênero (Comissão E) ao Sub-Distrito de Hato-Udo, Distrito de Ainaro, no mês de Abril de 2008. Este assunto não foi realizado por causa das ausências do Sr. Dep. Osório Florindo C. Da Costa (FRETILIN), Presidente da Comissão E e Sra. Dep. Maria Rosa Câmara (CNRT), como relatora.

- Distribuição de texto do Acordão do Tribunal de Recurso relativo à Fiscalização Abstrata de Constitucionalidade e Legalidade da Lei n.o 12/2008 e a declaração Conjunta da Liderança da AMP do Distrito de Bobonaro. Este assunto não foi realizado por terem distribuído o texto anteriormente pelos técnicos do PN.

- Declaração Política da Bancada Parlamentar da FRETILIN sobre as atitudes da Ministra de Justiça Sra. Lúcia Brandão Lobato sobre abuso de poder e CCN que foram publicadas no Jornal de Tempo Semanal.

- Declaração Política da Bancada Parlamentar da CNRT sobre a Decisão do Tribunal de Recurso feita pelos juízes internacionais e completadas pelos juízes timorenses e esta decisão foi assinada em Portugal pelo Presidente do Tribual de Recurso Sr. Cláudio Ximenes quando este estava fazendo tratameno de saúde no mesmo país.

- Informações dos Deputados sobre as necessidades e problemas do povo de acordo com as informações que eles tomaram nos terrenos. As informações que eles apresentaram nesta Sessão Plenária são: Decisão do Tribunal de Recurso, recomendação do Tribunal de Recurso para não politizar a sua decisão e considerá-la como violação da Constituição, reconstrução de estrada com barro, corrupção, tem de aceitar a decisão do Tribunal de Recurso de forma agradável e boa compreensão, falta de água limpa no Bairro de Becusse-Centro de Dili, o Sr. Hércules foi recebido como um hóspede VIP do Governo de Timor-Leste, entretanto, na Indonésia, este é acusado e conhecido como o líder de uma rede de mafiosos e a corrupção não só existe agora mas já existiu desde a muito tempo.

No período da Ordem do Dia foi abordado o único assunto:

“Discussão e votação, na generalidade e especialidade, da Proposta de Lei n.o 11/II (“Proteção de Testemunhas”).”

Este assunto não foi realizado porque a Ministra da Justiça Sra. Lúcia Brandão Lobato não marcou sua presença. O assunto foi adiado para a próxima semana.

O Presidente da Mesa encerrou a Sessão Plenária. Fim. Gabienete de Relações Públicas

Unofficial machine translation. Original Portuguese text follows.

DEMOCRATIC REPUBLIC OF EAST TIMOR
IV Constitutional Government
SECRETARIAT OF STATE COUNCIL OF MINISTERS

PRESS RELEASE

Meeting of the Council of Ministers on November 19, 2008

The Council of Ministers met on this Wednesday, November 19, 2008, in Meeting Room of the Council of Ministers, at the Government Palace in Dili, and approved:

1. Decree-Law that creates the National Center for Employment and Professional Training Tibar (CNEFP)

This law establishes the National Center for Employment and Vocational Training, a Public Institute with nature and purpose of promoting and enhancing vocational training, primarily in the construction industry, constituting themselves as a reference center in East Timor, without prejudice to its extension to other sectors.

The CNEFP will have administrative and financial autonomy to carry out their duties with total independence and exemption in order to ensure transparency and sustainable development of the center and be under the supervision of the State agencies responsible for Vocational Training.

2. Resolution for ratification of the Accession to the UN Convention Against Transnational Organized Crime

The Council of Ministers approved at its meeting today the proposal for accession of East Timor to the UN Convention Against Transnational Organized Crime, which will be submitted to Parliament for ratification. They also approved two Additional Protocols to the Convention: the first relating to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the second concerning Combating Trafficking of Migrants by Land, Sea and Air.

3. Resolution for ratification of the Accession to the Hague Convention of May 29, 1993, Relative to the Protection of Children and Cooperation in Respect of Intercountry Adoption

The Council of Ministers approved at its meeting today the proposed accession of East Timor to the Hague Convention of May 29, 1993 on the Protection of the Children and Cooperation in Respect of Intercountry Adoption, which will be submitted to Parliament for ratification.

The ratification of this instrument allows East Timor to organize the Central Authority in Respect of Intercountry Adoption, maintaining the Register of foreign suitors for Adoption, and limiting the discretion in relation to the lives of East Timorese children.

4. Resolution for ratification of the Accession to the Protocol Additional to the Geneva Conventions of August 12, 1949, adopting an Additional Distinctive Emblem

The Council of Ministers approved at its meeting today the proposed accession of East Timor to the Protocol Additional to the Geneva Conventions of August 12, 1949, concerning the adoption of an additional distinctive emblem, which will be presented to Parliament for approval. The Protocol sansiona the use of a third humanitarian symbol - in addition to the Red Cross and Red Crescent - ie, the "Red Crystal".

The protocol gives aid workers and other military medical personnel internationally protected rights when working in countries where the symbols of the Red Cross and Red Crescent Societies are not recognized because of religious or other grounds.

5. Resolution for ratification of the Accession to the Portuguese Language Spelling Agreement, the Protocol Amending the Agreement of the Portuguese Language Spelling and the Second Protocol Amending the Agreement of the Portuguese Language Spelling

The Council of Ministers at its meeting today, approved the proposals of accession of Timor-Leste to the Portuguese Language Spelling Agreement, the Protocol Amending the Agreement of the Portuguese Language Spelling and the Second Protocol Amending the Agreement of the Portuguese Language Spelling.

6. Resolution for ratification of the Accession to the Declaration constitutive of the Community of Portuguese Language Countries

The Council of Ministers at its meeting today, approved the proposal of accession of East Timor to the Declaration constitutive of the Community of Portuguese Language Countries, which sets out the principles and objectives underlying the establishment of the CPLP.

The Council of Ministers also looked at:

7. Presentation: "Elizabeth Bele - Cluster of the Portuguese Cooperation in Timor-Leste"

The Council of Ministers heard, examined and discussed at today's meeting a presentation called "Elizabeth Bele - Cluster of the Portuguese Cooperation in East Timor", in partnership proposed by the IPAD and the Ministry of Foreign Affairs and Cooperation of the Democratic Republic of Timor - East.

This is a program that has become a model for creating sustainable value through the integration of different programs / projects of development implemented by different social actors in the area of direct intervention in the districts of Ermera and Liquica.

The program will focus on the strengthening of social actors in training, training, food security, the generation of income, the qualification of supply, and marketing and access to markets, assuming as thematic cross gender equality, the good governance and environmental sustainability.

The education, health, agriculture, gender, private sector development and youth will be the sectors of activity covered by the program and are considered complementary sectors to support the administration of the public sector, water supply and sanitation, energy, transport and telecommunications. The group will target the rural population centers of local development of Maubisse, Bazartete and Letefoho.
-----
REPÚBLICA DEMOCRÁTICA DE TIMOR-LESTE
IV Governo Constitucional
SECRETARIA DE ESTADO DO CONSELHO DE MINISTROS
COMUNICADO À IMPRENSA

Reunião do Conselho de Ministros de 19 de Novembro de 2008


O Conselho de Ministros reuniu-se esta Quarta-feira, 19 de Novembro de 2008, na Sala de Reuniões do Conselho de Ministros, no Palácio do Governo, em Díli, e aprovou:

1. Decreto-Lei que Cria o Centro Nacional de Emprego e Formação Profissional de Tíbar (CNEFP)

O presente diploma cria o Centro Nacional de Emprego e Formação Profissional, com natureza de Instituto Público e o objectivo de promover e fomentar a formação profissional, prioritariamente no sector da construção civil, constituindo-se como centro de referência em Timor-Leste, sem prejuízo do seu alargamento a outros sectores de actividade.

O CNEFP terá autonomia administrativa e financeira e património próprio para poder exercer as respectivas atribuições com independência e total insenção, por forma a garantir a transparência e desenvolvimento sustentado do Centro, e ficará sob a tutela do membro do Governo responsável pela Formação Profissional.

2. Resolução que Aprova para Ratificação a Adesão à Convenção da ONU Contra o Crime Organizado Transnacional

O Conselho de Ministros aprovou, na sua reunião de hoje, a Proposta de Adesão de Timor-Leste à Convenção da ONU Contra o Crime Organizado Transnacional, que será apresentada ao Parlamento Nacional para ratificação. Foram ainda aprovados dois Protocolos Adicionais a esta Convenção: o primeiro relativo à Prevenção, Repressão e Punição do Tráfico de Pessoas, em Especial Mulheres e Crianças; e o segundo respeitante ao Combate ao Tráfico de Migrantes por Via Terrestre, Marítima e Aérea.

3. Resolução que Aprova para Ratificação a Adesão à Convenção de Haia de 29 de Maio de 1993, Relativa à Protecção das Crianças e Cooperação em Matéria de Adopção Internacional

O Conselho de Ministros aprovou na sua reunião de hoje a proposta de adesão de Timor-Leste à Convenção de Haia de 29 de Maio de 1993, relativa à Protecção das Crianças e à Cooperação em Matéria de Adopção Internacional, que será apresentada ao Parlamento Nacional para ratificação.

A ratificação deste instrumento permite a Timor-Leste organizar a Autoridade Central em Matéria de Adopção Internacional, mantendo o Cadastro de Pretendentes Estrangeiros à Adopção, e limitando a discricionariedade em relação à vida de crianças timorenses.

4. Resolução que Aprova para Ratificação a Adesão ao Protocolo Adicional às Convenções de Geneva de 12 de Agosto de 1949, Relativa à Adopção de Um Emblema Distintivo Adicional

O Conselho de Ministros aprovou na sua reunião de hoje a proposta de adesão de Timor-Leste ao Protocolo Adicional às Convenções de Genebra de 12 de Agosto de 1949, relativo à adopção de um emblema distintivo adicional, que será apresentado ao Parlamento Nacional para aprovação. O Protocolo sansiona o uso de um terceiro símbolo humanitário – além da Cruz Vermelha e do Crescente Vermelho -, ou seja, o “Cristal Vermelho”.

Este Protocolo dá aos trabalhadores humanitários e outro pessoal médico militar os direitos protegidos internacionalmente quando trabalhem em países em que os símbolos da Cruz Vermelha e do Crescente Vermelho não sejam reconhecidos, devido a fundamentos religiosos ou outros.

5. Resolução que Aprova para Ratificação a Adesão ao Acordo Ortográfico da Língua Portuguesa, ao Protocolo Modificativo ao Acordo Ortográfico da Língua Portuguesa e ao Segundo Protocolo Modificativo ao Acordo Ortográfico da Língua Portuguesa

O Conselho de Ministros, na sua reunião de hoje, aprovou as Propostas de Adesão de Timor-Leste ao Acordo Ortográfico da Língua Portuguesa, ao Protocolo Modificativo ao Acordo Ortográfico da Língua Portuguesa e ao Segundo Protocolo Modificativo ao Acordo Ortográfico da Língua Portuguesa.

6. Resolução que Aprova para Ratificação a Adesão à Declaração Constituitiva da Comunidade dos Países de Língua Portuguesa

O Conselho de Ministros, na sua reunião de hoje, aprovou a Proposta de Adesão de Timor-Leste à Declaração Constituitiva da Comunidade dos Países de Língua Portuguesa, que estabelece os princípios e objectivos que estão na base da constituição da CPLP.

O Conselho de Ministros analisou ainda:

7. Apresentação: “Mós Bele – Cluster da Cooperação Portuguesa em Timor-Leste”

O Conselho de Ministros ouviu, analisou e discutiu na sua reunião de hoje uma apresentação denominada “Mós Bele – Cluster da Cooperação Portuguesa em Timor-Leste”, proposto em parceria pelo IPAD e pelo Ministério dos Negócios Estrangeiros e Cooperação da República Democrática de Timor-Leste.

Trata-se de um programa que se assume como um modelo de criação de valor sustentável, através da integração dos diferentes programas/projectos de desenvolvimento executados por distintos actores sociais, no espaço de intervenção directa nos distritos de Ermera e Liquiçá.

O programa vai centrar-se no fortalecimento dos actores sociais, na capacitação, na formação, na segurança alimentar, na geração de rendimentos, na qualificação da oferta, e na comercialização e acesso a mercados, assumindo como temáticas transversais a igualdade de género, a boa governanção e a sustentabilidade ambiental.

A educação, saúde, agricultura, género, desenvolvimento do sector privado e juventude serão os sectores de actividade abrangidos pelo programa, sendo considerados sectores complementares de suporte a administração do sector público, o abastecimento de água e saneamento, a energia, os transportes e as telecomunicações. O grupo-alvo será a população rural dos pólos locais de desenvolvimento de Maubara, Bazartete e Letefoho.

Don't miss Rosa's Journey premiering on SBS TV (Australia) at 8:30pm on Wednesday 26 November 2008.

The journey of independent East Timor through the eyes of the remarkable and resilient Rosa Martins.

Following the acclaimed documentary East Timor – Birth of a Nation, Rosa’s Journey picks up the story of young East Timorese widow Rosa Martins and her family seven years after independence. Unlike the celebratory climate of 2000, life in East Timor is violent and democracy fragile, as one of the world’s youngest nations faces an uncertain future.

Machine translation. Original Portuguese text follows.

Dili 17 Nov 2008 (Reuters) - Time limits exceeded, notifications are lost and conflicting interpretationsare at the center of the political battle in East Timor triggered by a ruling of the Court of Appeal.

The Court of Appeal has the right part of the arguments against the law to amend the General State Budget (OGE) 2008, from 05 August.

The sucessiva supervision of constitutionality and legality of the so-called AB was asked to Court of Appeal by sixteen members of the opposition in Parliament, in an operation led by Fretilin.

The ruling by the Court of Appeal has not yet been published in the official gazette and, as such, has not yet produced legal effects, and for the same reason, it is not yet aware of the government official, told the Lusa different lawyers in Dili.

Since Friday, however, Fretlin of former Prime Minister Mari Alkatiri and the Government of Xanana Gusmao exchange public statements on the basis of a text that only known by unofficial channels.

"The ruling of the Court of Appeal just going to have life after the publication in the Republic. This should happen this week, but imagine, for example, there was a malfunction in the printer. It has no effect, "commented one of the lawyers heard by the Lusa.

Among the sources heard by the Lusa, the irony and disbelief mixed with the seriousness of the legal and political consequences of the ruling and its core issue - the legitimacy of budgeting hundreds of millions of dollars in amending the General State Budget, in which more than General State Budget doubled the original amount for this year.

In the complaint that was filed today in Court of Appeal, and who had access to Lusa, Fernando "La Sama" de Araujo, the chairman of the House, referred to "preliminary" that it "never learned of the existence of this process, in addition to notification of the 13th of November.

Later, "La Sama" de Araujo stressed his "complete surprise" to the notification of last Thursday.
The reason for the "preliminary" is that Parliament has missed the legal deadline of twenty days to respond to the court, from the quote "in the person of the President" before the final wording of the ruling.

Judicial source confirmed to Lusa that "there is in the Court of Appeal role with the signing of the secretariat of Parliament stating the receipt of the summons on time, early in October."

A parliamentary source admitted today to the Lusa that the summons for Parliament to respond to Court of Appeal, before the ruling, "was left on top of a cupboard" by a member of the secretariat, "the same person who signed the notice last Thursday."

Fernando "La Sama" de Araujo, in any case, the complaint alleges delivered today to the Court of Appeal that "do not fit, can not lie, doubt that the right to complain (yet) exist."

The claim of Fernando "La Sama" de Araujo argues that the ruling should lead to a decision of the judges of the Court of Appeal, to all six judges.

The ruling is signed by only three judges: the president of Court of Appeal, the Timorese Claudio Ximenes, the Portuguese Ivo Rosa, judge rapporteur, and a second international judge, the Guinean's Jose Luis Góia.

The complaint questions the competence of the signature of the presiding judge, since "it is public knowledge and in the process" that Claudio Ximenes' is in 'treatment of health', for too long outside the country. "

"It can and must be concluded that the judge Claudio Ximenes is not in full exercise of his functions," says the complaint.

Judicial source in Dili told the Lusa that the judge president of Court of Appeal received the parts of the process "by express mail" in Lisbon, where he is hospitalized.

Ivo Rosa, as judge rapporteur and interim president of Court of Appeal, is criticized in particular in the complaint of "La Sama" de Araujo.

"He was ill the High Court erred in holding the Petroleum Fund Law as a 'law of value enhanced,'" says the complaint to defend the increased allocation of revenue from the Timor Sea moved to OGE.

"La Sama" de Araujo also accuses the Court of Appeal to use a normative foreign to decide on the unconstitutionality of a standard on the breakdown of the expenditure.

"With all due respect, the High Court itself seems inclined to interpret a standard program of the Constitution in light of other provisions of law, 'gratia money', the Portuguese Law of the fiscal framework", accuses the president of the Timorese Parliament.

"La Sama" further alleges that the ruling suffers from an "apparent contradiction between the decision and the reasons that drive it."

The Lusa tried without success to contact the Judge Ivo Rosa to comment on the complaint of the President.
-----
Por PEDRO ROSA MENDES, da Agência Lusa.

Díli, 17 Nov (Lusa) - Prazos ultrapassados, notificações extraviadas e interpretações opostas estão no centro da batalha política desencadeada em Timor-Leste por um acórdão do Tribunal de Recurso (TR).

O TR deu razão a parte dos argumentos contra a lei de alteração do Orçamento Geral do Estado (OGE) 2008, de 05 de Agosto.

A fiscalização sucessiva da constitucionalidade e legalidade do chamado Orçamento Rectificativo foi pedida ao TR por dezasseis deputados da oposição no Parlamento, numa acção liderada pela Fretilin.

O acórdão do TR ainda não foi publicado em jornal oficial e, como tal, ainda não produziu efeitos legais e, pela mesma razão, ainda não é do conhecimento oficial do Governo, afirmaram à Lusa diferentes assessores jurídicos em Díli.

Desde sexta-feira, no entanto, que a Fretlin do ex-primeiro-ministro Mari Alkatiri e o Governo de Xanana Gusmão trocam declarações públicas com base num texto que apenas conhecem por canais oficiosos.

“O acórdão do TR só passa a ter vida após a publicação no Jornal da República. Isso deve acontecer ainda esta semana, mas imaginemos, por exemplo, que havia uma avaria na tipografia. Tudo continuaria sem efeito”, comentou um dos juristas ouvidos pela Lusa.

Entre as fontes ouvidas pela Lusa, a ironia e a incredulidade misturam-se à gravidade das consequências legais e políticas do acórdão e da sua questão central — a legitimidade da orçamentação de centenas de milhões de dólares norte-americanos no OGE rectificativo, que mais do que duplicou o OGE original para este ano.

Na reclamação que deu entrada hoje no TR, e a que a Lusa teve acesso, Fernando “La Sama” de Araújo, o presidente do Parlamento, refere em “questão prévia” que esta instituição “nunca teve conhecimento da existência deste processo, para além da notificação do dia 13” de Novembro.
Mais adiante, “La Sama” de Araújo sublinha a sua “absoluta surpresa” com a notificação de quinta-feira passada.

O motivo desta “questão prévia” é o Parlamento ter perdido o prazo legal de vinte dias para responder ao tribunal, contados a partir da citação “na pessoa do presidente”, antes da redacção final do acórdão.

Fonte judicial confirmou à Lusa que “existe no TR o papel com a assinatura do secretariado do Parlamento atestando o recebimento da citação em devido tempo, no início de Outubro”.
Uma fonte parlamentar admitiu hoje à Lusa que a citação para o Parlamento responder ao TR, antes do acórdão, “foi deixada em cima de um armário” por um elemento do secretariado, “a mesma pessoa que assinou a notificação quinta-feira passada”.

Fernando “La Sama” de Araújo, em todo o caso, alega na reclamação entregue hoje no TR que “não cabem, não podem caber, dúvidas de que o direito de reclamação (ainda) existe”.
A reclamação de Fernando “La Sama” de Araújo alega que o acórdão devia resultar de uma decisão do plenário de juízes do TR, ao todo seis magistrados.

O acórdão é assinado apenas por três juízes: o presidente do TR, o timorense Cláudio Xímenes, o português Ivo Rosa, juiz relator, e um segundo juiz internacional, o guineense José Luís da Góia.
A reclamação questiona a competência da assinatura do juiz presidente, uma vez que “é do conhecimento público e consta do processo” que Cláudio Xímenes “se encontra em ‘tratamento de saúde’, há longo tempo fora do país”.

“Pode e deve concluir-se que o juiz Cláudio Xímenes não se encontra em efectividade de funções”, diz a reclamação.

Fonte judicial em Díli afirmou à Lusa que o juiz presidente do TR recebeu as peças do processo “por correio expresso” em Lisboa, onde se encontra hospitalizado.

Ivo Rosa, como juiz relator e presidente interino do TR, é criticado de forma particular pela reclamação de “La Sama” de Araújo.

“Esteve mal o Alto Tribunal ao qualificar erradamente a Lei do Fundo Petrolífero como ‘lei de valor reforçado’”, diz a reclamação ao defender o aumento da dotação das receitas do Mar de Timor transferida para o OGE.

“La Sama” de Araújo acusa também o TR de usar um normativo estrangeiro ao decidir sobre a inconstitucionalidade de uma norma relativa à discriminação da despesa.

“Com o devido respeito, o Alto Tribunal parece inclinar-se para interpretar uma norma programática da Constituição à luz de preceitos de outro ordenamento jurídico, ‘verbi gratia’, a Lei de Enquadramento Orçamental Portuguesa”, acusa o presidente do Parlamento timorense.
“La Sama” alega ainda que o acórdão padece de uma “manifesta contradição entre a decisão e os fundamentos que a determinam”.. A Lusa tentou, sem sucesso, contactar o juiz Ivo Rosa para comentar a reclamação do presidente do Parlamento.

Most people know that Alfredo Alves Reinado was the East Timor’s military police commander turned rebel. Not many know that a miserable childhood, including an abduction to Sulawesi had probably made him a true renegade until his death in an ambush at the house of President Jose Ramos Horta on 11 February 2008.

REPUBLICA DEMOCRATICA DE TIMOR-LESTE
Ministry of State Administration and Territorial Management

PRESS RELEASE Dili 18 November 2008

Government holds Consultations on Three Draft Local Governance Laws

The Government wants encourage involvement, participation, and include ideas from the people in local government reforms through public consultation. The National Director for Local Development and Territorial Management (DNDLOT) Mr. Miguel P. de Carvalho, together with a technical team, have been traveling through all districts holding consultations about three draft laws on local governance: the draft law on local government , the draft law on administrative and territorial divisions and a draft law on municipal elections. Consultations present the draft laws to the public and solicit opinions from local authorities, community leaders, civil society and also the local communities.

The DNDLOT Director explained the importance of these consultations. “The Government is holding consultations to involve all people in the process, and to gather thoughts, suggestions, commentary, as well as worries and doubts from the people so that we can improve these three draft laws before National Parliament approves them,” said the Director after the consultation held in Manatuto district on 11 November 2008.

During the consultation which was held in the Liquiçá District on the 14th of November 2008, Mr. Domingos dos Santos, a youth from Liquiçá, talked about his ideas on the importance of these consultations. “This consultation process is important for the people to be able to give their thoughts and suggestions about what should be included in these laws, because in the future these laws will regulate the formation of Municipalities. It won’t be good if we only say something is wrong with the laws after they have already been approved; this would be too late. We want laws that will be able to guarantee that the Municipalities will function well, so that we can better development,” said Mr. Domingos after the consultation in Liquiçá. He also asked the government to include intellectuals and have them give their thoughts on the proposed laws.

“We are very pleased with these three draft laws, even though there are still some things which are not included entirely. It is excellent, however, that we can move forward on the road to decentralization. The things that are missing, we can fix. The most important thing is that we need to start the establishment of the Municipalities based on these draft laws, and when we have already started we will review them. If not, we will never go forward,” said Mr. Rui Gomes, the Sub-District Administrator of Natarbora, at the end of the consultation in Manatuto.

These three laws on local governance will become the legal basis for decentralization, which will bring the work of the government closer to the people and strengthen local communities to respond to their development needs at the local level.

ENDS.

For more information please contact Mr. Joao Santos at 729 4824 and Ms. Sally Torbert at 731 4930.

18 Nov 2008 Otago Daily Times - A particularly tough six-month stretch in East Timor starts this week for 149 New Zealand Defence Force personnel, as they prepare to spend Christmas away from family.

Chief of Army Major General Lou Gardiner, family and friends were to attend the troops' departure from Ohakea Air Force Base on Thursday morning.

This is the sixth rotation of New Zealand troops to serve in East Timor since May 2006.

Their regular tasks will include carrying out patrols, liaising with locals and providing assistance to United Nations police.

Image: New Zealand troopers in East Timor

Are the Food Security Fund and Economic Stabilisation Fund fattening select businesses or the Maubere people? Subject: Rice Contracts Date: Mon, 17 Nov 2008 13:22:01 +1100 POLICITAL DECLARATION FRETILIN BENCH

Excellency Mr. President of National Parliament
To all Distinguished Parliamentarians,
To all the Maubere people,

Today the FRETILIN bench wants to present in Parliament (cultural house of the Maubere people) the fundamental question of food security in connection with food to sustain people's lives and budget that has been spent and that is to be spent in 2008.

The Food Security Fund was created as a mechanism that the FRETILIN government created with the intention to not only buy rice but to provide support to farmers to increase their capacities and to ordinary people to gain protection through having sufficient food.

After more than a year, the de facto AMP government has spent millions of dollars on the budget item Food Security Fund with money that has been moved from the Economic Stabilisation Fund with the intention to assist people who have difficulty obtaining food – but perhaps the intention was to fatten up as well some of their colleagues and friends, which included the quick expenditure of the budget that was approved by Parliament in July 2008, in particular the Economic Stablisation Fund.

The food shortage problem, especially rice, has become a big problem in our nation since the de facto AMP government began governing this country – because the question of food shortage has occurred in many districts in Timor-Leste which has made the de facto AMP government buy and sell rice to their own Maubere people.

Mr. President and all parliamentarians,

The question of buying and selling rice to the people has become the principal reason from the de facto AMP government to ask the representatives of the people who sit in parliament to approve a very big budget in the 2008 Ratified Budget.

From the very beginning of the year, the de facto AMP government sold rice to the Maubere people with the very high official price of $17 each sack but the price rose to as high as $40 a sack when sold in the market in some districts. Despite the government using the reason of intervention to normalize the price of rice in the market – this normailsation has instead become an instrument of the government to raise the price of rice which was sold at a price of $12 to $15 in the tome of the FRETILIN government. The FRETILIN bench is concerned with this policy of intervention from the government through the Food Security Fund and the Economic Stabilisation Fund.

Just after the de facto AMP government came into place – the FRETILIN bench registered that the previous FRETILIN government had total of 17,582.57 tonnes of rice in storage. The previous government bought this rice at a price of not more than $500USD. The FRETILIN bench is very concerned why rice is being sold at a price of $17 a sack when it was bought for $500USD?

In the General Budget for the Transitional Period 2007 – the government requested total amount of $6,880,000USD for the Food Security Fund and this item was not spent, as reported in the 31 March 2008 final report of Execution of the Transitional Budget 2007, which was carried over to the total amount of $5,799,986USD.

But the food security item was increased in the 2008 General Budget to the amount of $5,352,000USD before the budget was ratified. The budget from the Food Security Fund is always increasing and then the parliament approved again the budget item of $11,867,000 but in reality the de facto AMP government has spent, since the budget of the transitional period, a total of $24,546,986USD.

The FRETILIN bench wants to know the total amount of money spent on food security, how many tonnes were bought and how many tonnes were sold? What was the contract process of the de facto AMP government and how did they carry it out? Was the Tender Regime applied or not? And why is the price of government rice so high?

We are concerned that perhaps the government contracts for buying rice were awarded by raising hands as occurred in the contract to Três Amigos, the company of which the director was formerly the director of finance and administration in the Office of the President when the current de facto Prime Minister was President of the Republic.

Parliamentarians,
The FRETILIN bench sees that the policy of buying rice from the AMP government has become an instrument to spend the people's money quickly and without any control. In the month of October just after the approval of the 2008 ratified budget the FRETILIN bench registered that the government has already made contracts to buy rice with 7 companies, with money taken out of the Economic Stabilisation Fund. The companies that have been awarded contracts to buy rice are as follows:

1. Sebajaya; 1,615,000
2. Atramor; 1,848,640
3. Belun Feto; 3,842,500
4. Tres Amigos; 3,843,500
5. Star King; 3,842,000
6. Maubara Fitun Naroman; 3,843,000
7. United Food; 3,842,500

The total amount of money spent from the Economic Stabilisation Fund to the companies listed totals 22,676,140 USD.

The FRETILIN bench has also noted that through the contracts that the de facto AMP government has awarded to the above named companies the government has also allocated money from the Economic Stabilisation Fund to a total of $57,371,750UDSD to buy rice, which brings the total amount of $80,047,890USD was spent to buy rice utlilising money from the Fund.

Parliamentarians,

The de facto AMP government, which has only recently come into power, has spent total of $104,594,876USD to buy rice. The amount of money that the government is spending to buy rice from the utilizing money from the Food Security Fund and Economic Stabilisation Fund deeply concerns the FRETILIN bench.

The fundamental questions that the representatives of the Uma Fukun (Parliament) have are as follows:

1. Was the people's money that was spent was to buy rice provided to those who really needed it?

2. The policy of the Food Security Fund and the Economic Stabilisation Fund is for the benefit of the company Tres Amigos and the Prime Minister or for the poor? The FRETILIN bench notes that the director of Tres Amigos Mr. Germano da Silva, previously the director of Administration and Finance in the Office of the President, received a contract worth $17,842,500USD

3. The expenditures were made applying the Juridical Regime for Tender or not?

4. Finally, FRETILIN bench would like to ask for copies of all the contracts that the de facto AMP government has made with companies to buy rice and how much of the rice has been sold to Maubere people and how much is to be sold?

Mr. President of National Parliament,

Distinguished parliamentarians, all Maubere people,

In conclusion, the FRETILIN bench's political declaration sees that the policy of the AMP government is to fatten their business friends rather than their people who have to buy rice at a high price. The FRETILIN bench sitting in today's plenary will hold a parliamentary enquiry to the de facto AMP government according to the RDTL Constitution, articles 95, no. 3 and 101, no. 2 and articles 14h, 139 and 140 of the National Parliament Regiment, to discuss the extremely relevant question of national interests and material discussion of the subject of Food Security Fund and Economic Stabilisation Fund to buy rice for the Maubere people.

Dili, 11 November 2008

In the name of the FRETILIN bench

Parliamentarian Arsenio Bano

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

Note Rice Contract after 11 November 2008.


1. Serbajaya; 1,615,000
2. Atramor; 1,848,640
3. Belun Feto 3,842,500
4. Tres Amigos; 3,843,500
5. Star King; 3,843,000
6. Maubara Fitun Naroman; 3,843,000
7. United Food; 3,842,500
8. Jubilex; 3,516,000
9. Monteveado; 3,516,000
10. Prima Food; 3,516,000
11. Ran Aitana; 3,516,000
12. Suai Indah; 3,516,000
13. Hercio International; 3,516,000
14. Veteran General; 3,516,000
15. Olifante; 3,516,000
16. Taci 3,516,000
17. Lunarsol; 3,516,000

There for, The total amount of money spent from the Economic Stabilisation Fund to the companies listed totals 57, 838, 3900 USD.

The FRETILIN bench has also noted that through the contracts that the de facto AMP government has awarded to the above named companies the government has also allocated money from the Economic Stabilisation Fund to a total of $22,209,390 to buy rice, which brings the total amount of $80,047,890USD was spent to buy rice utlilising money from the Fund.


Image: Fretilin Member of Parliament, Arsenio Bano

16/11/08 Dili UNMIT - The English language version of the "UNMIT Weekly" No. 67 is now available on-line.

Featured stories this week:

Senior staff from Timor-Leste's defence force attend human rights workshop
Project seeks to reduce tensions between IDPs and communities
Timor-Leste remembers 1991 Santa Cruz massacre
UNMIT in pictures: Observance of the Santa Cruz massacre - 12 November 2008

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The President of the Republic Office of the President Department of Social Communication The Sergio Vieira de Mello Human Rights Awards 2008 Timor-Leste

Introduction

The inaugural “Sergio Vieira de Mello Human Rights Awards 2008” is a national event in Timor-Leste whose objective is to recognise the outstanding human rights contribution of individuals, groups or State institutions in Timor-Leste to the nation.

Although Timor-Leste’s socio-political history is coloured with both documented and anecdotal human rights violations, spanning decades, the 2002 reinstatement of its independence saw the placement of human rights as a cornerstone of Timor-Leste’s young democracy.

Notions of peace, security, stability and social cohesion are ideals that Timor-Leste espouses. To make these ideals a reality, individuals, civil society, State institutions and the international community have worked together, and severally, toward the achievement of these ideals. Positive changes are slowly taking place and will continue to take place.

The “Sergio Vieira de Mello Human Rights Awards 2008” contributes to this process of “positive changes” in Timor-Leste by:

1. publicly recognising the outstanding contribution of Timorese persons and/or groups to the field of human rights;

2. highlighting progress made in Timor-Leste in the area of human rights; and

3. encouraging the work of Timorese human rights defenders, activists, promoters, advocates, and service providers for their tireless efforts in promoting human rights for all.

Objectives of the Awards

The objective of the national human rights awards is to contribute to the development and consolidation of peace, security, stability and social cohesion, and to encourage respect for, and the protection and promotion of, all human rights and fundamental freedoms prescribed in the Timor-Leste Constitution and in all the international treaties that Timor-Leste is a party to.

Funding for the Awards and its Administration

As the awards are an initiative to garner nation-wide support and rallying-together on the value of human rights to the development, peace, security and stability of Timor-Leste, the “Sergio Vieira de Mello Human Rights Awards” initiative will be administered and funded by the Office of the President of the Democratic Republic of Timor-Leste as of 2009. UNMIT is funding the 2008 inaugural event.

Number of Prizes to be Awarded

Two prizes will be awarded on 10 December, 2008. Both prizes will be equal in every way.

One prize is to be awarded for outstanding contribution in the promotion of respect for, and protection of, civil and political rights.

The other to be awarded for outstanding contribution in the promotion of respect for, and protection of, economic, social and cultural rights.

Nominations for the Awards

Nominations are sought from civil society, State institutions and the international community. Only Timorese nationals, Timorese-based non-government organisations and Timorese State institutions are eligible to be nominated.

For the 2008 inaugural awards, nominations are now open. Nomination Forms can be collected at the Office of the President of the Democratic Republic of Timor-Leste, or downloaded from the UNMIT website (www.unmit.org).

A nomination form is to be filled-in and sent to the Office of the President of the Democratic Republic of Timor-Leste, or by email to assessoriageralpr.rdtl@gmail.com by 27 November 2008.

TLGOV/UNMIT
SERGIO VIEIRA DE MELLO
HUMAN RIGHTS AWARDS 2008
TIMOR-LESTE

Nomination Form

This form must be returned by 27 November, 2008 to:

“Sergio Vieira de Mello – UNMIT Human Rights Awards 2008”
Office of the President
Democratic Republic of Timor-Leste
Dili, Timor-Leste

Email to: assessoriageralpr.rdtl@gmail.com

Name of Person, Group or State institution nominated

Address of the Nominee (including telephone number, fax number, and email address)

Nominated by (name of organisation, telephone number, fax number, and email address)

Please indicate below (with an “X”) which award category the nominee is being nominated for:

CIVIL AND POLITICAL RIGHTS

ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Please WRITE here information on the contribution of the nominee to the cause of human rights in Timor-Leste, which has prompted your nomination for the category indicated.

DEPARTAMENTO DE COMUNICAÇÃO SOCIAL DA PRESIDÊNCIA DA REPÚBLICA DEMOCRÁTICA DE TIMOR-LESTE

Contactos: telefone:(+670) 333 9003, telemóvel:(+670) 723 0160, e-mail Dep. Com. Social rriko .joel@gmail.com, ou motaana48@gmail.com













Image: Sergio Vieira de Mello (deceased), the Special Representative of the Secretary-General of the United Nations in East Timor and Transitional Administrator of the United Nations Transitional Administration in East Timor (UNTAET). Mr. de Mello was murdered in a terrorist attack on the United Nations Headquarters in Baghdad on 19 August 2003.

ABC Radio Australia 17 November 2008 18:21:32 - A new report by the Small Arms Survey group says East Timor still has a serious problem with controlling weapons.

Weapons collections and an attempt to introduce gun control legislation to parliament are signs the government is aware there is a problem, the report's author says.

However, it is the current and previous government's lack of small arms control within the security forces that poses the greatest danger.

In June, the government introduced a new gun law to parliament, but it was widely criticised for seeking to allow civilians to be armed, and because it put the power to issue gun licenses solely in the hands of the police commander.

A revised version of the law is to be put before parliament in the coming weeks.

Author of the Small Arms Survey report on East Timor, Edward Rees, told Radio Australia's Connect Asia program these moves, along with an increasing public and political awareness about the number of weapons that are missing, is a sign the government has finally realized that arms control is a problem.

"I think it's pretty clear that this government, and the political leadership in general and the community have had enough of guns wandering around the community and villages, and would like them put back safely in the armories," he said.

"However, while they may be put back safely in the armories, they were safe in an armory before and then taken out and used.

"And historically guns in armories in East Timor have been badly managed."

The mismanagement of weapons by authorities is a common thread throughout East Timor's relationship with small arms over the past fifty years.

Most recently, soldier-turned-rebel Alfredo Reinado and his followers, who were in possession of police weapons, shot and seriously injured President Jose Ramos-Horta in February this year.

Reinado was killed during the subsequent gunfight.

http://www.radioaustralia.net.au/news/stories/200811/s2422095.htm?tab=latest


See also Commentary on the Draft Arms Law in Timor-Leste by Sarah Parker on East Timor
Law Journal

The original Draft Arms Law is also available on East Timor Law Journal.

Speaking notes for the seminar at the University of Adelaide (East Timor: Justice, Healing and Development) 15th November 2008 Clinton Fernandes, UNSW@ADFA

In January 1984, the Reverend Jesse Jackson exhorted his audience in Philadelphia, "Don't cry about what you don't have, use what you got!" Referring to the parable of David and Goliath, he said that "little David took off his unnecessary garments... Didn't want to get weighted down with a lot of foolishness... Took what God gave him, a sling shot and a God-biscuit, a rock."

We can achieve justice for East Timor if we learn from this sentiment, identify the rocks lying around, pick them up and use them to good effect.

The principal obstacle to justice for East Timor isn't legal but political. The law is on the side of justice. The East Timorese government has the right to call for justice. But it lacks adequate international support, and so it has to be realistic. It can't afford to antagonise the Indonesian government by carrying such a heavy diplomatic burden on its own.

The main task for people who support justice is therefore to create the conditions in which calls for justice by a future East Timorese government can be realistic.

Since there is no statute of limitations on crimes as serious as those perpetrated against the East Timorese, we have the time to do this correctly - to get it right.

One rock that's lying around waiting to be used is the law. We need to take paper victories and turn them into real weapons and real victories. Paper victories mean a lot if you do something with them.

God helps those who help themselves, as the saying goes. Use that victory and turn it into a political force.

That's what successful campaigns do. Need to exploit these victories.

As one scholar has pointed out, about ninety years ago, a group of campaigners took eighty words written by an obscure foreign minister and turned them into a political force (the Balfour declaration ). Then they took what would have otherwise been just another UN General Assembly resolution (the Partition Resolution of 1947) and said No it's not just another General Assembly resolution - it's our birth certificate. And they ran with it.

In the case of justice for East Timor, we have to learn the legal rocks that're lying around and then make sure that everyone else knows them too.

A rock: Indonesia's own National Commission on Human Rights conducted a detailed investigation. It concluded that key members of the Indonesian military must face justice. We need to know about this investigation and its recommendations, and use it effectively by making sure that everyone else knows it too.

A rock: the UN's International Commission of Inquiry also conducted an investigation. It reported that its members 'were confronted with testimonies surpassing their imagination' . It too called for an international tribunal. As before, we need to know this, and then make sure everyone else knows it too.

A rock: the UN's Special Rapporteurs called for criminal prosecutions of Indonesian officers responsible, 'both directly and by virtue of command responsibility, however high the level of responsibility' .

A rock: The Commission for Reception, Truth and Reconciliation in East Timor. The Commission, known by its Portuguese initials, CAVR (A Comissão de Acolhimento, Verdade e Reconciliação) was established as an independent statutory authority in July 2001. Its official report was called Chega! (Portuguese for 'enough').

Here's how we know what the death toll was:

Chega benefited from input by Benetech, a California-based nonprofit organization devoted to using technology in the service of humanity. Its Human Rights Data Analysis Group (HRDAG) built on a database of three independent sources: narrative statements, a retrospective mortality survey, and a census of public graveyards.

The first source was approximately 8,000 narrative testimonies.

The second source was a random survey of East Timorese households.

The third source was the graveyard census database, developed by visiting all public cemeteries in East Timor and recording the name, date of birth and date of death for every grave for which the information was available. The researchers established that there were approximately 319,000 graves in the sample, of which about half had complete name and date information.

This is standard procedure in the field of historical demography, but no truth commission had previously conducted one.

Another rock: Recommendation 7.2 of Chega! called for 'an International Tribunal pursuant to Chapter VII of the UN Charter.'

Chega's recommendation 7.2 is a rock that's lying around.

Remember: When opponents of justice say that the East Timorese government doesn't argue for justice, justice campaigners can accurately point out that a neutral, independent East Timorese commission that relied on 8,000 narrative testimonies, a survey of East Timorese households, and a database of 319,000 graves is more reflective of what the East Timorese people really want than a diplomatically vulnerable East Timorese government, which cannot bear the burden of insisting on the implementation of this recommendation.

We need to point out an obvious analogy: in a schoolyard, a bullied child with no other supporters can't be expected to confront its tormentor directly.

The fifth rock: The UN Commission of Experts (26 May 2005) concluded that there must be an international tribunal.

As I said, we have to take the legal rocks that're lying around and then make sure that everyone else knows them too. Paper victories mean a lot if you do something with them.

But there's another rock that's lying around: The UN Commission of Experts (26 May 2005) recommended the exercise of universal jurisdiction.

Let me explain briefly what this means: Universal jurisdiction is the power of a national court to try genocide, war crimes and torture regardless of which nationality the suspect is, regardless of which nationality the victim is, and regardless of where the crime took place. You have to have the suspect on your territory in order to exercise universal jurisdiction, of course.

Universal jurisdiction was famously used in the 1998 arrest of former Chilean dictator Augusto Pinochet on torture charges in London at the request of a Spanish court.

In April 2004, a Congolese torturer was convicted in the Netherlands under universal jurisdiction (the Netherlands' 1988 Implementation Act to the United Nations Convention against Torture).

There have been two Afghan military officers convicted in the Netherlands for war crimes they'd committed in Afghanistan.

A Spanish court convicted an Argentine officer of crimes against humanity committed in Argentina.

A court in Brussels convicted a Rwandan businessmen of participating in the Rwandan genocide.

What about Australian jurisdiction to prosecute torture?

Breaches of the 1984 UN Convention Against Torture are crimes under federal law over which Australian courts have jurisdiction.

Thus there are two material elements and two mental elements.

The material elements are that severe pain or suffering, mental or physical, must be inflicted on a person, and that it must be done by a public official or a person acting in an official capacity.

The mental elements are that the pain or suffering must be intentionally inflicted, and for such purposes as obtaining information or a confession, or punishing or intimidating the victim or a third person, or for another reason based on discrimination.


What about Australian jurisdiction to prosecute war crimes?

Grave breaches of the 1949 Geneva Conventions are crimes under federal law over which Australian courts have jurisdiction.

The following are "grave breaches":

- wilful killing, torture or inhuman treatment, including biological experiments;
- wilfully causing great suffering or serious injury to body or health;
- unlawful deportation or transfer or unlawful confinement of a protected person;
- compelling a protected person to serve in the forces of a hostile Power;
- wilfully depriving a protected person of the rights of fair and regular trial;
- taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.

There is no requirement that the alleged perpetrator be an Australian citizen. Nor is there any requirement that Australia be a Party to the international armed conflict in question, or that Australian citizens be victims of the war crime.

In the case of East Timor, we must be on the look-out for objections that will be advanced by the Department of Foreign Affairs and Trade that Australia's de jure recognition of Indonesian sovereignty may prevent war crimes from being tried in Australia under the Geneva Conventions Act 1957.

This is because on 15 December 1978, Australian foreign minister Andrew Peacock announced that Australia would give de jure recognition to the Indonesian takeover of East Timor with effect from the date that negotiations on the seabed boundary began. These negotiations began on 14th February 1979.

It may be argued by DFAT that Australian government recognition of Indonesian title to territory transformed the situation from an international conflict to a domestic Indonesian crime.

This argument can be resisted. Under the Geneva Conventions Act 1957 (Cth), it is for an Australian court to determine whether there factually exists an international armed conflict at the relevant time, applying the legal standards in the conventions as incorporated in the Act.

The Indonesian military's seizure of the village of Batugade on 7th October 1975 triggered an international armed conflict to which the 1949 Geneva Conventions applied. All relevant national parties (Australia, Indonesia, and Portugal) were signatories to the Geneva Conventions for the duration of the conflict.

Indonesia's control over East Timor increased gradually after the invasion in 1975. From approximately December 1978 until September 1999, Indonesia was in sufficient actual control of the territory to be considered an occupying power. Although resistance continued, it was not sufficient to nullify the state of occupation. The protective provisions of the 4th Geneva Convention applied from the moment the international armed conflict began until the UN Security Council passed Resolution 1272 on 25 October 1999, establishing the United Nations Transitional Administration in East Timor.

And remember that Australia's legal representatives argued repeatedly at the World Court in 1995 (over the Timor Gap Treaty case) that even though Australia was dealing with Indonesia, it still recognized that the people of East Timor had the right to self-determination and was a non-self-governing territory under Chapter XI of the UN Charter.

It said that it recognized this position even before Portugal accepted it in 1974, and it dealt with Portugal because general international law imposed no obligations on itself not to deal with Portugal.

Similarly, it was dealing with Indonesia because general international law imposed no obligations on itself not to deal with Indonesia.

But, it said, it still recognized East Timor's right to self-determination.

Another rock: The United Nations refused to allow its personnel to testify before the Commission on Truth and Friendship, which was formed in March 2005.

It's clear that an international legal norm has now crystallized against governments granting amnesty for serious human rights violations.

So in 2009, there will be elections in Indonesia. Generals Prabowo, Wiranto and Sutiyoso will be campaigning in these elections.

It's the 5th anniversary of the Munir assassination, the 10th anniversary of the East Timor ballot, the 25th anniversary of the Tanjung Priok massacre, and the common thread in all these events is the TNI.

Along with our Indonesian human rights friends, who will be mobilising in 2009, we in Australia can do our bit to raise awareness too.

In some capital cities in Australia, people have already begun planning to raise the question of justice for East Timor around International Women's Day in March 2009. After all, women suffered all manner of criminal violations during the occupation.

Why not join in? Come and see me after this talk if you want to participate.

And the weekend of the 29th and 30th of August 2009 is the tenth anniversary of the ballot. Once again, a nation-wide awareness campaign would be quite useful.

Another rock that's lying around: more than 18,000 Indonesian students study in Australia. We must reach out to them in a coordinated manner in 2009. They were never told the facts about what their military did in East Timor. We can change this state of affairs.

Remember also that Chinese East Timorese may have a case under the Genocide Convention. They were targeted not because they were suspected to be Fretilin (a 'political group', which is not protected by the Genocide Convention) but because of their membership of a 'national, ethnical or racial' group (which is protected by the Convention).

There are other things happening both domestically and overseas, but for now, why not join or assist the cause justice in 2009?

East Timor Judicial System Monitoring Program Press Release October 2008 - The implication of court costs in the law on civil procedure

Civil law deals with legal complaints between private individuals or companies, as opposed to the criminal law, which covers matters that effect society at large.

Since Timor-Leste became a sovereign nation, two forms of law on civil procedure have been implemented. During the UNTAET period, Indonesian civil procedures were followed. From 2006 onwards, Timor-Leste has had its own civil procedure code, which was largely adapted from the legal systems of countries such as Portugal and Brazil.

Whilst the legal framework for civil process is now in place, access to these mechanisms is limited. Timor-Leste has also applied court costs that are relatively high in comparison with the economic circumstances of community members seeking justice.

In examining the effect of court costs, the Constitution, Civil Procedure Code and Law on Court Costs (Decree Law 15/2003) are necessary reference points for interpretation.

JSMP has learned, through its program of court monitoring and engagement with judicial personnel, that many civil disputes cannot be pursued through the courts because the associated costs are far in excess of the economic capabilities of prospective litigants. A number of cases are known to have been suspended because litigants were unable to fulfil their obligation to pay costs.

Legal authority for court costs derives from Article 43 of Decree-Law 15/2003, which states that new rules on costs shall apply to pending cases or cases that have not yet been decided, both at the District Court level and the Court of Appeal, and also for cases registered or part-heard when law came into force.

Prior to the enactment of this Decree-Law in 2003, all such cases registered would incur a flat fee of seventy-five US dollars without reference to the size of the claim. It became standard practice for litigants to include this amount in their claim for damages.

After the Decree-Law and the Civil Procedure Code were enacted, judges began to send claims back to the parties for modification. This has often resulted in vastly different claims, and subsequent calculaton of costs. In some cases, judges have decided to set costs on the basis of their experience alone, and without prior notice to the parties.

In practice, when litigants are unable to pay court costs within the time limits established, then it is likely that the case will be archived (will not be processed until the parties pay court costs). Adding insult to injury, a fine may imposed, with the prosecution unit to execute its payment.

In establishing the principles of the justice system, Article 26 of the Constitution states that access to courts is guaranteed to all, for the defence of their legally protected rights and interests. Specifically, it states that justice shall not be denied to those with insufficient economic means. The application of Decree-Law 15/2003 and the Civil Procedure Code appear, at least, to be counter to this Constitutional guarantee.

This may not be the only grounds upon which the court costs framework may be challenged. The applicability of the Decree-Law rules to cases registered or part-heard before these two laws came into force arguably contravenes Article 24(2) of the Constitution, which states that its guarantees are not to be infringed upon by the retroactive enforcement of laws.

JSMP maintains that court costs are obstructing those wishing to pursue justice through civil process. Accordingly, we recommend that Law 15/2003 be reviewed, so at the very least alternatives can be provided for those whose socio-economic status makes court costs an impossible burden. Any such review should be undertaken with a view to safeguarding the guarantee of access to justice made by Article 26 of the Constitution.

For further information please contact: Roberto da Costa Pacheco Coordinator Legal Research Unit Landline: 3323883 Email: bebeto@jsmp.minihub.org


Image: The Dili District Court

UN investigates 30 of serious crimes pending cases - Youths should stay away from political violence - We are not thieves: Salisinha - Government to professionalise defence forces - Court of Appeal takes decision over stabilisation economic fund - Horta displeased with decision made by international judges - State Council discusses absence of Chief Judge Claudio Ximenes

UN investigates 30 of serious crimes pending cases Radio Televisaun Timor Leste 17 November 2008 - The UN investigators has started investigating 30 of 360 serious crime pending cases committed in 1999 by Indonesian armed forces and its pro-militiamen after a UN-conducted referendum.

Youths should stay away from political violence, says Gusmao Suara Timor Lorosae 17 November 2008 - Prime Minister Xanana Guamao has called for all of the youths to stay away from the politics which could take those [youths] to the acts of violence, because political violence would never contribute to the country.

We are not thieves: Salisinha Suara Timor Lorosae 17 November 2008 - Former rebel leader, Gastao Salsinha, said they wanted legal charge to their case should be held soon, as they had been waiting for longer time.

Government to professionalise defence forces: Pinto Suara Timor Lorosae 17 November 2008 - State Secretary for Defence, Julio Thomas Pinto, said the Government led by Prime Minister Xanana Gusmao had planned to improve all the facilities of the defense force and professionalise its soldiers in 2009.

Court of Appeal takes decision over stabilisation economic fund Radio Televisaun Timor Leste 17 November 2008 - The East Timorese Court of Appeal has taken a decision over the current stabilisation economic funds which were included in the approved general state budget of 2008. The Court made a decision that the fund was illegal.

Horta displeased with decision made by international judges Timor Post 17 November 2008 - President Jose Ramos Horta, said he was displeased with the decision made by the Court of Appeal that the stabilisation fund which was included in the state general budget was illegal.

State Council discusses absence of Chief Judge Claudio Ximenes - Timor Post 17 November 2008 - State Council has discussed about President of the Court of Appeal, Claudio Ximenes who has been out of the office for three months and is now in Portugal without leaving any message.

Warning: Not an official translation

IV Constitutional Government of the Democratic Republic of East Timor
Decree-Law no. 22/2008 of 16 July
Establishing the Economic Stabilization Fund

The establishment of an Economic Stabilization Fund is intended to face the economic recession presently felt at the global level, namely the food crisis and the increase in food prices worldwide, and according to the recent Declaration on World Food Security made in Rome by representatives of 180 countries and the European Union.

Moreover, the need arises to take necessary measures to combat the negative effects of increases in the prices of fuel and construction materials.

In the short term, the Economic Stabilization Fund shall be used to rebuild the capacity of the economy and to develop programmes to support the population in addressing the effects of the crisis.

The current decree-law creates technical and financial mechanisms to ensure Timor-Leste’s food security and sovereignty, as well as the socio-economic development and meeting the needs of the Timorese community.

Pursuant to article 115(1)(o) of the Constitution of the Republic, the Government enacts the following to have the force of law:

Article 1 Designation
1. The Economic Stabilization Fund, hereinafter referred to as the Fund, is hereby established with the Ministry of Finance.

Article 2 Objectives
The objectives of the Fund shall be:
a) To ensure the supply of goods and food security;
b) To stabilise prices by intervening in the market;
c) To ensure the supply of construction materials.

Article 3 Establishment of the Fund
The Fund is financed from the State Budget.

Article 4 Funding
The procedure for obtaining financial support from the Fund shall be as approved in a specific regulation.

Article 5 Expenditure
The expenses of the Fund shall be those resulting from the application of the provisions of the regulation referred to in article 4 above.

Article 6 Revenue
The proceeds resulting from the sale by economic agents of the goods funded under article 4 shall be considered State revenue.

Article 7 Monitoring and reporting
UNTAET Regulation no. 2001/13, on budget and financial management shall apply to monitoring and reporting activities.

Article 8 Collaboration with other entities
The Ministry of Finance may request from relevant entities the information it deems necessary to pursue the objectives of the Fund.

Approved by the Council of Ministers on 16 June 2008.

The Prime Minister, (Kay Rala Xanana Gusmao)

The Minister of Finance, (Emilia Pires)

Promulgated on 14 July 2008.

To be published.

The President of the Republic, (Jose Ramos-Horta)

An East Timorese weaving exhibition and sale organised by the Blue Mountains East Timor Sisters will be held on 23 November 2008 in Lawson, New South Wales (Australia). Click on the brochure image below to see further details.

From Blue Mountains East Timor Sisters:

East Timor is our nearest neighbour and the world's newest democracy.

The people of East Timor have faced a history of colonisation, oppression and violence and continue to demonstrate resilience and determination.

Whilst vast improvements in economic conditions are expected over the next years, the East Timorese people still face enormous obstacles with widespread poverty, ill health and limitations in education and employment opportunities.

In particular, women in East Timor are facing the disadvantages stemming from a patriarchal society and the impact of decades of resistance.

The BMETS is a volunteer group of women who have been inspired by the great courage and vision for a better future that East Timorese women have shown.

We want to contribute to improving opportunities for women in East Timor and we have pursued our goals by raising funds and developing projects in East Timor under the guidance of local East Timorese women who we now call friends.

Bob in Timor-Leste 16/11/08 - Surrounded as it is with an abundant sea, and endowed with spectacular beauty, it is all too easy to forget that Timor-Leste is the poorest country in Asia.

A recent report by the UN’s Fund for Population Activities (UNFPA) is enough to grab the attention of even the most oblivious. With one of the highest fertility rates in the world, Timor-Leste also has some of the world;s most dismal survival rates for both mothers and their children.

The under-five mortality rate is 130 per 1,000 live births; maternal mortality is estimated at somewhere between 660 and 880 deaths per 100,000 live births. An estimate from 2003 shows the average Timorese woman has 7.8 children in her reproductive life.

Extrapolating from these data means that the risk of death for the mother during pregnancy is 1 in 16.

Ninety percent of all deliveries are at home, and less than 20% of all births are attended by a skilled health professional.

The litany of misfortune goes on and on, much of it driven by poverty and ignorance - a bit over half of women and just over 40% of men are illiterate.

Dependency rates are very high, with only about 36.6% of the population making up the labor force.

Statistics only punctuate the story. The real story can be read in the faces of men and women older than their years, and the skinny little bodies of kids with not enought to eat. Paradise? Not for many.

http://timorjournal.wordpress.com/2008/11/16/misery-in-paradise/



Image: Poverty in East Timor

FRENTE REVOLUCIONARIA DO TIMOR-LESTE INDEPENDENTE F R E T I L I N MEDIA RELEASE Dili, 16 November 2008 Timor Leste budget crisis: AMP Government appears determined to breach court ruling

Timor Leste's de facto government appears determined to try to thwart the Court of Appeal's decision against its failed 2009 budget, FRETILIN's parliamentary leader Aniceto Guterres warned today.

The collective made up of three Court of Appeal judges on November 13 unanimously ruled against the budget's two key pillars – the US$240 million so-called "Economic Stabilization Fund" (an unconstitutional slush fund) and the illegal transfer of US$290.7 million from the Petroleum Fund to the budget.

Speaking in Dili, Aniceto Guterres said: "The court's decision was, and I paraphrase its own words, to:

a) Declare the unconstitutionality, with the force of general compliance, the following provision:

The provision in line o), of no. 3 of article 1 of law No. 12/2008 of 5 August, whereby the amount of 240 million US dollars is allocated to the Economic Stabilization Fund.

b) Declare the illegality, with the force of general compliance, the following provision:

The provision 3 of article 1 of Law No. 12/2008 of 5 August, whereby it stipulates the amount of transfers from the Petroleum Fund for 2008, in an amount in excess of $396,100,000 (three hundred and ninety six million one hundred thousand) US dollars.

"This is clear for all to read. However in a media release dated 14 November 2008, the spokesperson for the AMP de facto government contradicted the court decision, declaring that 'the Economic Stabilisation Fund is in accordance with the Constitution of the Republic of Timor-Leste and is compliant with the law'.

"This is simply untrue and indicates their intent to thwart the court's ruling which severely embarrasses the de facto government," Guterres said.

"The AMP spokesperson's media release also said: 'While the decision is not published in the Official Gazette, the Government does not have official knowledge of the decision made by the Court of Appeal', adding that the court decision 'limits the "unconstitutionality" and the "illegality" to the period after the publication of the judgement in the Official Gazette. Which means that, whatever the amount that has already been withdrawn from the Petroleum Fund thus far, it would never be unconstitutional nor illegal.'

"This interpretation is self-serving and false," Guterres said.

"On page 51 of its decision the court said:

'In the face of the previously stated, it is decided to limit the effects of this declaration of unconstitutionality and illegality, as a means of safeguarding the acts of a financial and budgetary nature, undertaken up to the date of the communication of this decision to the National Parliament.'

"The court has declared these budget measures illegal and unconstitutional while limiting the effect of its declaration, because of the impact it would have on the state. These acts have not been forgiven or sanctioned, the government has merely been given a r