11 April 2010

Revising Timor-Leste's Immigration and Asylum Law



http://www.laohamutuk.org/Justice/ImmigLaw/10ImmigRevision.htm

Revising Timor-Leste's Immigration and Asylum Law

During 2003, Timor-Leste enacted Law No. 9/2003 on Immigration and Asylum (also Portuguese). Before it was passed, NGOs and others criticized the proposed law as violating legal and constitutional rights. Although the Court of Appeals ruled that parts of the law were unconstitutional it was enacted anyway The most egregious articles were never enforced. In 2006, discussions began on revising the law.

The International Organization for Migration (IOM), in conjunction with the Secretary of State for Security, is currently holding a consultation on a draft revision of the Immigration and Asylum Law of Timor-Leste. According to the IOM, "The Immigration and Asylum Law provides the basis for the policies that govern the entry and stay of visitors, students, workers, investors and residents in Timor-Leste. Effective immigration policies and procedures contribute to the social, economic and security objectives of the country. The existing law has been found to be deficient in addressing a number of these areas."

A review process was initiated by the government in 2006, and since 2007 a working group has been developing a draft revision of the law, with recent input from the UN High Commission for Refugees (UNHCR). It is being circulated for public comment. La'o Hamutuk is posting this web page, with IOM's permission, to enable more people and organizations to review and comment on the draft. This IOM summary document (also Tetum or Portuguese) highlights the policy issues and significant proposed changes. The draft law and summary document are not final documents and do not reflect current government policy, but are intended to encourage discussion before revised drafts are submitted to the Council of Ministers and eventually to Parliament for enactment.

IOM welcomes written comments and submissions, which they hope will focus on policy issues rather than small details. Responses should be provided to diliconsultations@iom.int or delivered to the IOM office in Palapaso, Dili. Please provide your input as early as possible, but no later than Wednesday, 21 April. If your comments are written into the draft law files, please use the "track changes" facility.

La'o Hamutuk has heard that the Asylum section of the draft (chapter IX) is likely to be significantly revised, so that it is not necessary to comment on the details of this part. We also encourage submitters to mention which parts of the draft law they think are good, not only when they think should be changed.


La'o Hamutuk (The Timor-Leste Institute for Development Monitoring and Analysis)
P.O. Box 340, Dili, Timor-Leste (East Timor)
Telephone: +670-3325013 or +670-734-0965 mobile
email: cscheiner@igc.org website: http://www.laohamutuk.org

11 comments:

Anonymous said...

It is good that IOM took that inititiave to assist the Government of Timor Leste, alhtough IOM went far from their mandate without understanding the esence of international refugee protection. Asylum matters is not a normal migratory issue but is more related to persecution of certain people due to their race, religion, political opinion, membership of a particular social group etc.etc. How can IOM was able to influence the Gov.ET to start working on the revision of immigration and asylum law without showing its good intention to approach an UN agency who is mandated to deal with asylum issues?

Anonymous said...

Great comment! IOM since its operation in TL, had shown its arrogance to interfere in all matter deemed to bring benefit to its presence in our country. Look at 2006 IDPs situation. IOM went beyond its mandate and had intervined in HCR's protection mandate, just to show to our authorities that it has a good intention to help East Timorese. I NEVER BELIEVE IN IT.
Look at this revision. How can IOM goes beyond UNHCR? Arrogance! It is just an insult given that UNHCR Dili is led by a Timorese staff!

Anonymous said...

-We can see here that IOM in TL is playing a double standard role for the interest of those who provide funds.
- Being an International organization who likes to play in the in the politics of the country, with unclear mandate, needs to be carefully studied by the government.
- This is time to say enough is enough.
- Thank you very much for your intentionally guided support.

Anonymous said...

I remember that in 2006 the camp management was handled by IOM country office in Timor Leste, which is completely beyond it's mandate, and later on jump to shelter by copying UNHCR's white tent's model and insert IOM logo on it. Now our IOM colleagues are starting to mix up immigration and asylum law... what is behind all these...??? (Former staff...)

Anonymous said...

- Just an appeal to the Timorese who are in close cooperation with IOM :" Under the cloak of civilization, the portuguese arroagted to themselves the right to rule our homeland for more then 450 years...." this is our written history. Today, we have so many friends (?)...to say, IOM is one among them....have contributed to the development of our nation! But, we have to stand allert : "under the cloak of advisory work, IOM can arrogate to itself the right to impose its intention"...see the way IOM worked on the rivision of this law....be carrefull!!! my compatriots in the SES/Immigration department!!!!

Anonymous said...

- I can say that I know every single person involved in this draft. It has been drafted since 2006/2007 (according to IOM)by the same people who jumped over HCR's mandate in 2006. These people HAVE NOTHING related to asylum isues.
- These people have tried to influence goverment officers in the Migration Department to offer asylum to foraingers who even do not deserve to be a refugee in TL.
- I really want to have an open debate with these famous experts??? who I know have no knowledge on asylum issue. COMPATRIOTS, this the time to show that we are the ruller of our country, and we don't need "experts" with double standards. These people are with IOM today!IOM and now

Anonymous said...

Excellent comment. Then what is the next? Just comments? or let the authorities to make a proper study on their proposal together with Timorese experts who knows better the reality? Immigration and asylum law was drafted (copy pasted??) from somewhere and the only thing done was change the name of the previous country to Timor Leste. So... if there should be any smearing do not need that much move, budget and silly campaigns. The bottom line is: get money and play for the interest of others (not for Timor Leste).

Anonymous said...

Woowow, looks interesting. Seems that some people are taking advantage from the vulnerability of the country....great.. keep going.

Anonymous said...

I found here very constructive comments on the revision of Timor-Leste's Immigration and Asylum Law. I just want to contribute with some ideas which I think that might be useful for the country and as an effort to prevent any overlapping in the future. Immigration and asylum business looks like one coin with two different sides. One side is a control for migratory movments another is purely humanitarian matter. Why don't we separate both issues?? A separation between Immigration law and asylum law?? We can maintain Immigration as it is now and take asylum law appart and add the responsibility to the Ministry of Justice?
Thank you.

Anonymous said...

my dear I think we have to concider that Timor Leste has his on INTERPOL why don't we give this job to Interpol Dili,Because as I know Timor Leste being a member of ICPO since 2002 iha Cameroon.
than till today Parlament is still not aprove any law for interpol.

Interpol Dili is conected to all member country around the globe,and the have a lot of informations.
Thank you..

Anonymous said...

I'm Support to do reviewing the immigration and Asylum laws again.

One thing I wont to say that why immigration and other law enforcement are not working to gether because of no MoU in National Level or those Department wont to hide themself to be a corruption activities?..

why immigration is under the SES and not fullycidepecdent body..

if imigration doesn't coopare with Interpol how the will Detect the International Criminal or to control the SLTD data...
its imposible bro
I recomend to the Competent to looking deeply on this issue..

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