19 August 2018

ROCCIPI Analyses of Social Problems in East Timor: The Legislative Drafting Initiative in the National Parliament.

During the period 2002 through to 2004, the University of San Francisco School of Law Centre for Law and Global Justice, in partnership with and under the auspices of The Asia Foundation's Access to Justice Program in East Timor, conducted a Legislative Drafting Initiative comprised of both a civil society module and Parliamentary Committee module.

I was the LDI project designer, implementer and manager as well as de facto Project Director although this formal status was denied me by the University in favour of an American lawyer also consulting with USF but who had never been to East Timor, knew nothing of its history or its circumstances at the time and oblivious to the great suffering of the people who had survived a genocide and the cities laying in ruins.

Workshops were conducted with members of civil society organisations to teach the ROCCIPI methodology which is based on the United States-originated Legislative Drafting for Democratic Social Change theory.

The ROCCIPI acronym derives from the 7 basic elements of the theory that are the framework for analysing social problems and proposing draft legislation designed to address those problems; those elements being Role, Opportunity, Communication, Capacity, Ideology and Process.

There resulted from the workshops with civil society a number of reports containing the ROCCIPI analysis of several social problems in East Timor and, in some cases, draft legislation.

These reports and drafts were then the subject of further workshops with the relevant Parliamentary Committees whose members were also taught the methodology with the aim of improved legislative drafting process in East Timor.

The reports from the civil society workshops are listed below as links to the content of the English translations of those reports. I also have Portuguese and Indonesian translations so if any one is interested in looking at them, please feel free to Contact Me.

Now president Lu-Olo was the President of the Parliament and I and my team had many meetings with him and educational interaction with the Parliamentary Committees.

At the very first meeting, a sort of hostile xenophobia became apparent as well as ignorance of why we malae were even there in the first place. Fortunately, my Program Manager, who was a well known student dissident to the Indonesian occupation and who had suffered therefore, politely reminded the Parliamentary President Lu-Olo and the Committees that were dominated by Fretilin as the then governing party, that the Parliament had in fact invited the University back to undertake the programme following a demonstrative workshop in the Parliament previously. And, so we were able to proceed.

The CSO component went beyond expectations with the East Timorese students of this arm of the program ever enthusiastic, working hard and together in teams to ponder the social problems they had selected and which had been confirmed with the Parliament and to learn the ROCCIPI methodology which is ultimately directed to the goal of democratic social transformation and the resolution of social problems by study, development of policy and drafting law as well as interaction between civil society and the Parliament.

Our first workshop in the Parliament was with Committee B on Defence and Security. It turned out that the CSO's were concerned about the extent of powers of the Minister and the behaviour of the military in East Timor; which was, indeed, problematical as history has shown us. That had all been put into the CSO report based on the ROCCIPI analysis, translated into Portuguese and Indonesian and distributed to the Committees in preparation for the workshop. It did contain criticism of the role occupants and sought to identify and explain the problematical behaviour of the military.

The first Committee B spokesman began by launching a scathing attack on me and the University and accused us of interfering in the affairs of East Timor. I reassured the Committee that the University had never sought to influence the work of the CSO groups and that the works of the CSO groups were entirely their own, unedited and uncensored by me.

Committee B adjourned. We then resumed and the Committee had the good grace to accept the position I had explained and the objective intention of seriously looking at the reports and learning how they came about through the ROCCIPI workshops with their very own CSOs, their own citizens whom we sought to enlighten on the methods of evaluating and resolving the multitude of grave social problems, the legacy of the Indonesian genocide.

ROCCIPI Analysis of the Social Problem of Gambling in East Timor

ROCCIPI Analysis of the Social Problem of Serious Crimes and Amnesty in East Timor

ROCCIPI Analysis of the Social Problem of Communal Rights on Adat Land in East Timor

ROCCIPI Analysis of the Social Problem of Land Rights in East Timor

ROCCIPI Analysis of the Social Problem of Prostitution in East Timor

ROCCIPI Analysis of the Function and Role of F-FDTL in National Defence of East Timor

ROCCIPI Analysis of the Social Problem of Livestock Regulation in Urban Areas in East Timor

ROCCIPI Analysis of the Social Problem of Forest Preservation in East Timor

ROCCIPI Analysis of Diplomacy, Defence and National Security

18 August 2018

East Timor Community Legal Education Program

In partnership with The Asia Foundation and the University of San Francisco School of Law’s Centre for Law & Global Justice, I directed this part of the TAF’s Access to Justice program.

At the beginning, I was instructed by my superiors to conduct the Community Legal Education Program (CLEP) “just like a University course with exams and everything”. This advice came from an American lawyer who knew not nor cared for East Timor.

I did not conduct the CLEP in that way. It was an absurd notion to put forward to the community who had just been through the destruction of their entire nation and mass extra judicial killings along with the deployment of the United Nations Department of Peacekeeping Operations to keep the civil peace and the constitution of UNTAET to administer the territory until the restoration of independence.

The Universities lay in ruins. The students dead or traumatised.

And so I formulated another methodology in consultation with my East Timorese staff. We then implemented a series of workshops with village chiefs, university students, civil society organisations, government officials, and women with East Timorese as teachers and organisers. I stayed well in the background as the invisible administrator. We even organised radio call in sessions with the Catholic Church's radio station where citizens could call in and ask government officials and lawyers questions. This particular and effective methodology has also since been adopted by The Asia Foundation.

The workshops were successful with full attendance and many questions from participants and legal information distributed in Tetum and Indonesian.

When I allocated funds to provide transportation and a per diem for the attendees to come from as far away as Atauro, the Director of The Asia Foundation sought to stop me. She then proceeded to appropriate US$30,000 from my projects budget. This was crushed by the central administration in San Francisco after I reported to the University. Such a scurrilous act that does not go unremembered because it spitefully constrained and stressed the important work my team was doing in community legal education.

The Asia Foundation has since taken up a more comprehensible role in legal education with a respectable American university and we hope that politics will not influence that although I remain suspicious of the true intentions behind TAF and all but particularly American aid entities in East Timor who gather information through project activities and then convey it to certain interested parties.

It behoves us to recall the origins of TAF as a CIA agency. [1]

[1] https://www.cia.gov/library/readingroom/document/0001088617 

Warren L. Wright BA LLB
Former Consultant TAF &
USF in East Timor

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