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31 July 2008

National Media Legal News 31 July 2008

UNMIT Daily Media Review 31 July 2008

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

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

Xanana: we are ready for development- Suara Timor Lorosae

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

Fretilin promises no more instability in Timor Leste- Diario Nacional

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

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30 July 2008

National Media Legal News 30 July 2008

UNMIT Daily Media Review 30 July 2008

Media contribution needed for peace in Timor-Leste

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

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

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

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

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

Military police HQ to be built soon- Timor Post

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

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

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

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East Timor Voter Registration Campaign Continues

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

UNDP News Quarterly Volume IIJune 2008

Voter Registration Campaign Continues

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

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

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

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East Timor UNDP: Capacity Building For The Provedoria

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

UNDP News Quarterly
Volume II
June 2008

Capacity Building For The Provedoria

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

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

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

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

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

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

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

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

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

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

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

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29 July 2008

East Timor Petroleum Fund: A Case for Caution Note Prepared by the World Bank and IMF

May 2008

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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East Timor UNPol Press Advisory

Press Advisory- Traffic disruptions in Dili on Thursday 31 July

UNMIT

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

Tuesday, 29 July

PRESS ADVISORY

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

The specific roads affected are:

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

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

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

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

Terca Ferra, 29 July

ADVISORIU IMPRENSA

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

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

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

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

Sei laiha kilat musan ida mak tarutu.

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National Media Legal News 29 July 2008

UNMIT Daily Media Review - 29 July 2008

Domestic violce on the rise in Liquica- Suara Timor Lorosae

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

Military prison no place for Salsinha- Suara Timor Lorosae

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

Alfredo’s items not lost- Timor Post

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

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East Timor "Economic Stabilisation Fund is transparent and based on the law!"

PRESS RELEASE

Díli, July 28 th , 2008

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

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

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

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

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

There is another Decree Law that specifies the implementation details.

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

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

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

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

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

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

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

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


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

COMUNICADO À IMPRENSA

Díli, 28 de Julho de 2008

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

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

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

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

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

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

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

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

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

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

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28 July 2008

East Timor Ministry of Justice & DNTPSC Launch National Property Cadastre

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

MINISTRY OF JUSTICE AND DNTPSC LAUNCH THE NATIONAL PROPERTY CADASTRE

Land data collection to begin in Liquica and Manatuto

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

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

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

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

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

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

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

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

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

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

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Distribui kedas.28 Jullu 2008

MINISTERIU DA JUSTICA LIU HUSI DNTPSC LANSA KADASTRU NASIONAL BA PROPRIEDADES

Foti dadus sei hahu iha Liquica no Manatuto

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

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

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

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

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

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

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

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

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National Media Legal News 28 July 2008

UNMIT Daily Media Review

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

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

CTF is not a court – Suara Timor Lorosa’e

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

F-FDTL recruitment still pending – Diario Nacional

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

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Timor-Leste Armed Violence Assessment

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

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

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

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

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

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

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

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

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

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

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

East Timor Land Rights "Ita Nia Rai" Program

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

STRENGTHENING PROPERTY RIGHTS IN TIMOR-LESTE

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

Dili, 28 July 2008

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

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

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

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

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

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

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

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

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

Thank you very much.


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25 July 2008

East Timor Justice Not Served by Truth & Friendship Commission

East Timor Judicial System Monitoring Program Justice Update July 2008

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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National Media Legal News 25 July 2008

Source: UNMIT Daily Media Review 25 July 2008

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

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

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

Fretilin won’t use NP cars – Diario Nacional

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

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

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

Chefe’s organise youth dialogue- STL

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

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24 July 2008

Timor Leste Joint Command police corruption report 2008

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

Inspector Afonso de Jesus, 20 Commander

Subject : Occurrence chronology report

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

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

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

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

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

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

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


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

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

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

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


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

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

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

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

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

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

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

Dili, 29th May 2008
JOC payment group


Fatima Motu Mali Fatima Mendonca
Police Sub Inspector Police Sub Inspector

Cc:

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

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East Timor Economic Stabilization Fund

Core Group on Transparency Press Statement on the Economic Stabilisation Fund

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

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

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

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

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

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

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

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

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

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

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

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

Participating organizations are:

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

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

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23 July 2008

National Media Legal News 23 July 2008

UNMIT Daily Media Review - 23 July 2008

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

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

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

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

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

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National Media Legal News 21 July 2008

Pinto announces delay of F-FDTL recruitment- Timor Post

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

ISF to support F-FDTL- Timor-Post ISF

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

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UNMIT Daily Media Review 22 July 2008

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

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

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

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

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

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


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18 July 2008

FRETILIN opposes Decree Law creating Economic Stabilization Fund

FRENTE REVOLUCIONÁRIA DO TIMOR-LESTE INDEPENDENTE

Media Release July 18, 2008

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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17 July 2008

National Media Legal News 16 July 2008

UNMIT Daily Media Review 16 July 2008

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


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

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

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East Timor National Media Legal Reports 14 July 2008

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

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

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

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

The State declares petitioners to be civilians – Timor Post

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

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East Timor Parole and Pre-Trial Detention

JSMP Justice Update 2008

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

UPDATE KEADILAN

PEMBEBASAN BERSYARAT DAN PENAHANAN PRA-SIDANG JULI 2008

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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