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31 December 2010

Speech by FRETILIN President Francisco Guterres Lu Olo at the ceremony in commemoration of the death of President Nicolau Lobato

Nicolau Lobato
31 December 2010

Your Excellency Mr. President of the Republic,

Excellencies.

We come together again today to remember Nicolau Lobato.  On this same day for over thirty years FRETILIN has exercised its duty to maintain the immortality of the memory of this great son of the Maubere people.

Nicolau was a leader of immeasurable stature and unwavering determination.

He was a son of a humble family.   He demonstrated his leadership qualities from his early beginnings, through his great political honesty and determination as a freedom fighter.

In commemorating the 32nd anniversary of his death in combat, we do so conscious of the need to undertake a deeper reflection of his personality so that the new generations can also drink from the life of this great statesman, this great FRETILIN leader and this great Commander in Chief of the FALINTIL, his example to serve as an unerring eternal reference for us.

Nicolau was a modest man, humble but also a cultured person, constantly self-teaching and always seeking new knowledge.  Nicolau had as one of his great qualities the persistent seeking of perfection in everything he did, efficiency in his actions, and efficacy in his conduct.

For the first time today the State of Timor-Leste takes on this date as a date registering the history of our people, our struggle for national liberation.  For FRETILIN it is the consecration of an undeniable truth.  Nicolau Lobato died in combat whilst as President of FRETILIN he also assumed the responsibility as President of the Democratic Republic of Timor-Leste and the Commander in Chief of FALINTIL.  For this reason, and by his actions on behalf of the Maubere people, when Nicolau died he was the head of state and the uncontestable leader of the Maubere people.  In this way, from this day onwards, FRETILIN has decided to transfer to the State the responsibility of acknowledging this date as an important date in our history to be commemorated annually throughout our whole country.

Today as we commemorate 32 years, we do so before the palace that now takes the name of Nicolau Lobato.  FRETILIN expresses its gratitude to the President of the Republic for his timely decision of baptizing this palace with the name of our immortal Nicolau Lobato.  With this today, we close the doors on 2010.  Within a few hours we will be entering 2011.  In the past year, on this same day, FRETILIN through its Secretary General launched a challenge for all to join us in the quest of making the decade 2010-2020 the decade of peace, stability and the catalyst for development.  We reiterate this same appeal today under the silent watch of Nicolau Lobato.  We, FRETILIN, reject violence as a tool to conquest power.  We have already demonstrated this in practice.  For us 2011 will be a year of crucial importance to affirm this principle of the rejection of violence and of respecting the will of the people freely expressed in elections.  Because of this we launch our challenge for us all to make 2011 the year of building trust among us Timorese, a year of consolidation of our democracy and rule of law.

For our part we will do everything to contribute to these ends.

The struggle continues.

Francisco Guterres Lu-Olo

President of FRETILIN

Monteiro denies allegation of police involvement in prostitution

 Radio Timor-Leste, December 16, 2010 language source: Tetun Timorese Police Commander Commissioner Longiuinhos Monteiro has denied an allegation that his police officers are suspected of being involved in prostitution in the country.

Monteiro said such an allegation was baseless and no facts were presented, but the allegation was like a motivation for them to work optimally. Monteiro affirmed that the presence of an individual officer in a prostitution premises does not represent the police force and that should not be generalized.

"Our police officers are not involved in such activity and we are in pursuit of those who engage in prostitution," Monteiro said.

Timorese Military Police Unit yet to receive official letter from PNTL

Diario Nacional, December 17, 2010 language source: Tetun - The Timorese Military Police Unit Commander Lieutenant Abel Xavier has confirmed that they are yet to receive an official letter from the Timorese National Police (PNTL) regarding their plan to hold joint operations during the Christmas and New Year Eve.

"We the Military Police have a plan to help the PNTL particularly in the traffic aspect but we will provide help if they ask and we will not hold operations directly," Lieutenant Xavier said.

Lieutenant Xaier added that although the PNTL is yet to send them official letter asking their help, they have prepared a platoon to prevent undesirable things that might happen during the Christmas and New Year eve. Dili District Police Commander, Superintendent Pedro Belo refused to give comments on this matter saying that it is the competence of the General Commando of the PNTL to talk about it.

OIOS UNMIT Procurement 2009

OIOS UNMIT Procurement 2009                                                            

TLGov: Meeting of the Council of Ministers of 16 of December of 2010

Secretaria de Estado do Conselho de Ministros

Díli, Palacio do Governo,

16 de Dezembro de 2010

IV CONSTITUTIONAL GOVERMENT
SECRETARIAT OF STATE OF COUNCIL OF MINISTERS

PRESS RELEASE

Meeting of the Council of Ministers of 16th of December of 2010

The Council of Ministers met this Thursday, 16th of December of 2010, in the Council of Ministers Meeting
Room in the Government Palace, in Díli, and approved:

1. Decree-Law about an extraordinaire Payment of one month basic salary to the public service

The IV Constitutional Government intends to carry out a policy for the preservation of the human
resources attached to the Timorese State’s activity, and thus considers it important to acknowledge and to
encourage the good performance of its public servants.

This is an equitable measure, even though of exceptional nature, that tends to bring the public servants
closer to other national workers, placing them at the same level.

2. Decree-Law about the Statutes of the National Institute for Training for Teachers and Education
Professionals


This diploma regulates the terms of the creation, organization and functioning of the Statutes of the
National Institute for Training of Teachers and Education Professionals (which its creation is predicted in
the new Organic Law of the Ministry of Education).

The objectives of this Institute are: to answer to the enormous challenge of requalification of the teachers
in function, as determined by the Statute of the Teaching Career; promote the necessary investigation on
best practices with the view of teacher training; develop the curriculums of all training modalities; and
guarantee capacity and efficiency in providing its services in the national territory, for the prosecution of
an Education and Teaching System qualification as underpinning educational success of the students.

3. Decree-Law on the Environmental Licensing Regime

The present diploma approves the Environmental Licensing Regime that responds to the need for
negative environmental impact prevention, according to project complexity and taking into account the
social and economic reality of Timor-Leste.

This regime concedes the attribution of environmental licences and their enforcement, as a logical
consequence of the Environmental Impact Analysis procedure of the projects, thus creating an integrated
procedure and a simplified procedure for negative environmental impacts and pollution control of the
projects.

It is highlighted that the country has, since its restoration of independence in 2002, demonstrated
enormous worries and sensibility to the environmental issues. The Constitution establishes, in article 61,
not only the right to a healthy human living environment and ecologically balanced, but also the duty to
environmental preservation and protection for the good of future generations. At the international level,
Timor-Leste has been present in several Conferences and ratified several International Conventions,
celebrated under the scope of the United Nations – such as the United Nations Framework to Combat
Climate Change (UNFCCC), the Kyoto Protocol, the United Nations Convention for Biodiversity (UNCBD)
the United Nations Convention to Combat Desertification, the Vienna Convention for the protection of the
ozone layer and the Montreal Protocol for the reduction of substances that destroy the ozone layer.
Fulfilling the international obligations from the UNFCCC, the State has now the duty to implement a group
of strategic measures directed to respond to the environmental needs related to Climate Change in the
country, where it is also proposed to carry out the necessary measures for the effective sustainable
development of Timor-Leste.

For this motive, and even though, under the UNFCCC, Timor-Leste as a developing country is not bound
to reduce its green house gases, and having also very low emission levels (around 0.02 Tonnes per
capita per year), the State proposes itself to voluntarily reduce them.

The Council of Ministers also analysed:

1. Decree-Law on the creation of the Timor-Leste oil company

Having already defined the regulations of activities connected to the oil sector, the Council of Ministers
analysed the proposal to create the Timor-Leste oil company that will detain and manage, with a
managerial framework and principles, the property assets of the Timor-Leste State, in the oil sector.

2. Decree-Law on the creation of the Investment and Development Fund

With the objective of fighting difficulties businessmen have at acceding to financing – an economic and
social reality confirmed by a recent study from the International Financial Corporation and the Asian
Development Bank – the IV Government intends to create a National Investment and Development Bank.
The process to create this financial instrument to support the private sector (and consequently to a model
of sustainable development for Timor-Leste) implies the fulfilment of a group of standards necessary for
the full functioning of the bank. The creation of a fund related to investment and development that may
allow for, on the short term, support to the private sector, was one of the options by the Council of
Ministers.

TEMPO SEMANAL: Gastao Salsinha: Insists that Petitioners are Still Military Personnel and Accuses Political Leaders of Using Petitioners

TEMPO SEMANAL: Gastao Salsinha: Insists that Petitioners are Still Military Personnel and Accuses Political Leaders of Using Petitioners

30 December 2010

Timor-Leste at United Nations on restoring reference to sexual orientation to a resolution on extrajudicial executions

From UN General Assembly debate on restoring reference to sexual orientation to a human rights resolution. "The amendment, to be added into operative paragraph (6b), sought to acknowledge that all persons had the right to be free from extrajudicial killings, especially those targeted because of their sexual orientation."

Timor-Leste's delegate reaffirmed her commitment to respecting human rights without distinction.  Reiterating her country's 2008 position, condemning all forms of violence and harassment that undermined the inherent dignity of all people, she said such harassment for reasons of sexual orientation subverted that dignity.  To ensure all people were given full protection, she recognized the importance of operative paragraph (6b).  "LGBT" people should be included in the list.  She was disappointed that the language related to killings on the grounds of sexual orientation had been excluded from the text in the Third Committee, especially as such targeting had been documented by the Special Rapporteur.  She commended the Secretary-General for his commitment on that important issue and she would support the amendment introduced by the United States and requested all others to do so as well.




ETLJB Editor Note: Unfortunately, during the drafting of the Constitution of the Democratic Republic of East Timor, the reference in anti-discrimination provisions to sexual orientation was removed following pressure from the Catholic Church and homophobic politicians leaving East Timorese homosexuals vulnerable to discrimination, vilification and violence.  See further:

Homosexuality in East Timor  

Timor Leste Red Cross excludes homosexuals from HIV-AIDS Reduction Program

HIV-AIDS and Homophobia in Timor-Leste

Time has come for international forces to leave Timor-Leste, say Prime Minster Gusmao

13:53, December 22, 2010 Timor Leste's Prime Minister Xanana Gusmao, who also serves as minister for Defense and Security, said the time had come for international forces who have been maintaining security in the country to leave, Suara Timor Lorosa'e reported on Tuesday.

Gusmao said that based on the research findings of the United Nations, Timor-Leste is now capable of resolving its own problem and as a reference is the 2006's crisis. "We,the Timorese,are now capable of resolving our own problems and therefore the time has come for the international forces to leave the country," PM Gusmao said.

Gusmao made the statement during a meeting with the Timorese Defense Force (F-FDTL) and the Timorese National Police (PNTL) leaders to talk about security in the country.

Source: Xinhua

Managing Land Conflict in Timor-Leste

ICG Managing Land Conflict in Timor-Leste Asia Briefing N°110 9 Sep 2010

This overview is also available in Tetum, Portuguese, Indonesian and Chinese.

OVERVIEW

Eight years after independence, Timor-Leste is still without a legal basis for determining ownership of land. In its absence, the challenges of enforcing property rights have grown more complex and increased the potential for conflict. The politically charged task of sifting through overlapping claims inherited from the country’s two colonial administrations has been complicated by widespread illegal occupation of property after the displacement of over half the population that followed the 1999 referendum. The legal and social uncertainties this created magnified the effects of the country’s 2006 crisis, causing further mass displacement in the capital and beyond. Resolution of these uncertainties through new laws, regulations and policies is necessary to reduce conflict, diminish the risk of further instability and to provide a clear way to resolve past and future disputes.

Land disputes have grown out of a history of displacement that includes forced relocations, military occupation and deadly internal upheavals. Despite this troubled history, few disputes over land ownership lead to violence. Many have been resolved or at least managed through informal mediation, a marker of the strength of customary understandings of land tenure and local communities. Yet some cases remain beyond the capacity of village chiefs, local elders or religious leaders to fix. Others are “pending” in anticipation of long-promised legislation expected to clarify cases that have complex (and undocumented) historical roots. The risk is that this has created expectations that legislation alone will be unable to meet. Many of these issues are more political than technical and will not be resolved by the application of titling laws. Given the weaknesses of the Timorese legal system, support to existing mediation will need to be strengthened alongside new laws to provide a realistic option for those parties ready to settle out of court.

Draft legislation on land titling before parliament will be an important first step towards better management of land disputes and pave the way to enforcement of a new civil code to govern all property rights. It will provide the first legal proof of ownership and provide protections in a growing property market. It will also raise the stakes in ownership disputes and thus the risk of conflict. While the collection of land claims underway in many of the country’s urban areas has shown the level of disputes to be below 10 per cent, it has also brought dormant issues to the surface, such as problems with intra-familial inheritance and tensions over land between communities.

The government has so far been unable to provide alternative housing to the displaced or evicted, an essential element of the constitutional right to housing. A worst-case scenario is for a new land administration system that would legalise dispossession without providing basic protections to those who may be evicted due to either illegal occupation or government expropriation. Land in Dili and other urban areas is already at a premium. Protections in the draft legislation for land held under customary ownership – the vast majority of the nation’s land – are very weak, especially in the face of broad powers granted to the state. In many communities, the individual titles offered by the new legislation are unlikely to be appropriate or in demand. It is the government’s prerogative to develop the country, but without agreeing to clear and enforceable protections for those who will require resettlement, it risks simply creating discontent and rejection of the state’s authority, weakening the very rights it seeks to reinforce. The government’s new ambitious plans for development by 2030 make resolution of such questions more urgent.

Strengthening property rights in Timor-Leste will require more than a law. It needs further consultation and agreement on how to manage community land holdings, particularly as the country seeks to encourage new investment. To address these concerns, a medium-term goal should be to develop a comprehensive land use policy that incorporates community priorities. Earlier donor-driven attempts have fallen short. High-level government engagement and improved mediation will also be required to solve many of the political challenges that surround the more intractable land disputes. While a law on titling remains the first step, to date the draft is poorly understood. Broader debate anchored by wider public information on the law and its implications should be a prerequisite for its passage. This needs to be balanced against the risk of creating even more delays.

As the government plans for accelerated development and identifies areas for donor support, its priorities should include:

    *
      further consultation and explanation of the implications of the land law and associated legislation before passage by parliament;
    *
      immediate clarification on basic protections and resettlement plans for those who will have to move after being deemed illegal occupants;
    *
      engagement with local communities on how the government can protect the rights of communities and access to land held under customary tenure;
    *
      strengthened support to informal mediation processes alongside the formal land titling; and
    *
      beginning discussion on a comprehensive land and housing policy that would incorporate community needs and government objectives.

Dili/Brussels, 9 September 2010

-----
Menangani Konflik Tanah di Timor-Leste

Asia Briefing N°110 9 Sep 2010

RINGKASAN IKHTISAR

Walau Timor-Leste sudah merdeka selama delapan tahun, masih saja tidak ada dasar hukum untuk menetapkan kepemilikan tanah di negara itu. Tanpa adanya dasar hukum, tantangan untuk menegakkan hak atas properti telah menjadi semakin rumit dan telah meningkatkan potensi konflik. Penyaringan klaim-klaim yang saling tumpang tindih yang diwariskan dari kedua pemerintahan kolonial sebelumnya, tugas yang sarat muatan politik, telah dipersulit dengan pendudukan properti secara ilegal yang terjadi secara meluas setelah pengungsian lebih dari setengah populasi Timor-Leste sebagai imbas referendum tahun 1999. Ketidakpastian hukum dan sosial yang ditimbulkannya memperbesar efek krisis tahun 2006 di Timor-Leste, yang mengakibatkan pemindahan penduduk secara besar-besaran di dalam dan di luar ibukota. Penyelesaian terhadap ketidakpastian-ketidakpastian ini lewat undang-undang, peraturan dan kebijakan baru diperlukan untuk mengurangi konflik, menurunkan resiko ketidakstabilan yang lebih jauh lagi, dan memberikan jalan yang jelas untuk menyelesaikan sengketa yang menumpuk dari dulu atau yang bisa terjadi di kemudian hari.

Sengketa tanah telah timbul dari pengungsian di masa lalu yang antara lain diakibatkan oleh pemaksaan relokasi, pendudukan militer dan pergolakan hebat di dalam negeri. Meskipun memiliki sejarah yang rumit ini , namun tidak banyak sengketa kepemilikan tanah berujung dengan kekerasan. Banyak sengketa berhasil diselesaikan atau setidaknya ditangani lewat mediasi informal dan hal ini menunjukkan kuatnya pemahaman adat atas kepemilikan tanah dan masyarakat lokal. Namun begitu, untuk beberapa kasus, penyelesaiannya masih di luar kapasitas para kepala-kepala desa, sesepuh setempat maupun pemuka agama. Kasus-kasus yang lain masih “menunggu” pembuatan undang-undang yang sudah lama dijanjikan yang diharapkan bisa mengklarifikasi kasus-kasus yang memiliki akar sejarah yang kompleks (dan tidak terdokumentasi). Resikonya hal ini telah menimbulkan ekspektasi terhadap undang-undang tersebut yang sulit untuk dipenuhi sendirian. Banyak dari masalah-masalah ini lebih bersifat politik daripada teknis, dan tidak dapat diselesaikan dengan hanya menerapkan sertifikasi hukum. Mengingat lemahnya sistem hukum di Timor-Leste, dukungan terhadap mediasi yang ada sekarang ini perlu diperkuat seiring dengan undang-undang baru untuk memberikan pilihan yang realistis bagi pihak-pihak yang bersedia menyelesaikan sengketa di luar pengadilan.

Pembahasan rencana perundang-undangan mengenai sertifikasi tanah di parlemen akan menjadi langkah awal penting menuju manajemen yang lebih baik terhadap sengketa tanah dan membuka jalan bagi penegakan hukum perdata yang baru untuk mengatur seluruh hak atas properti. Legislasi itu akan memberikan bukti awal kepemilikan secara hukum dan memberikan perlindungan dalam pasar properti yang sedang tumbuh. Hal ini juga akan menaikkan kepentingan dalam sengketa kepemilikan, dan oleh karena itu juga menaikkan resiko konflik. Meskipun pengumpulan klaim-klaim tanah  yang sedang dilakukan di banyak wilayah perkotaan di Timor-Leste telah memperlihatkan bahwa tingkat sengketa kepemilikan tanah jumlahnya di bawah 10 persen, tapi hal itu juga telah mengangkat persoalan yang tadinya terbenam naik ke permukaan, seperti masalah-masalah warisan antar-keluarga dan ketegangan mengenai kepemilikan tanah ulayat antar kelompok masyarakat.

Pemerintah Timor-Leste sejauh ini belum berhasil menyediakan alternatif pemukiman bagi mereka yang mengungsi atau terusir dari tempat mereka berdiam saat ini, dimana hal ini merupakan sebuah elemen penting dari  hak konstitusional atas perumahan. Kemungkinan terburuk (worst-case scenario) dari hal ini adalah apabila sistem administrasi pertanahan yang baru mengabsahkan pencabutan hak kepemilikan tanpa memberikan perlindungan dasar bagi mereka yang kemungkinan akan terusir karena menduduki sebidang tanah secara ilegal, atau  akibat pengambilalihan hak milik oleh pemerintah. Tanah di Dili dan wilayah perkotaan yang lain saat ini sudah memiliki harga jual yang tinggi. Perlindungan di dalam rancangan perundang-undangan atas tanah yang berada di bawah kepemilikan secara adat – termasuk mayoritas tanah di Timor-Leste – sangat lemah, terutama di hadapan kekuasaan luas yang diberikan kepada negara. Di sejumlah besar kelompok masyarakat, sertifikat tanah perseorangan yang ditawarkan oleh perundang-undangan yang baru sepertinya tidak akan sesuai atau laku. Pemerintah memiliki hak prerogatif dalam membangun negara, tapi tanpa adanya kebijakan perlindungan yang jelas dan bisa dilaksanakan bagi mereka yang akan membutuhkan pemukiman kembali, hal ini akan beresiko menciptakan ketidakpuasan dan penolakan terhadap otoritas negara, sehingga memperlemah hak-hak yang padahal sedang diupayakan untuk diperkuat. Adanya rencana ambisius pemerintah untuk menyelesaikan pembangunan sebelum tahun 2030 membuat penyelesaian persoalan-persoalan ini semakin mendesak.

Perkuatan hak-hak properti di Timor-Leste membutuhkan lebih dari sebuah undang-undang. Diperlukan konsultasi dan kesepakatan yang lebih jauh mengenai bagaimana mengelola aset tanah ulayat, terutama karena Timor-Leste saat ini sedang berusaha untuk mendorong investasi-investasi baru. Untuk menghadapi masalah-masalah ini, tujuan jangka menengah pemerintah sebaiknya mengembangkan sebuah kebijakan penggunaan tanah yang komprehensif yang menggabungkan prioritas masyarakat. Upaya-upaya sebelumnya yang didorong oleh para donor, tidak mencukupi. Keterlibatan pemerintah di tingkat tinggi dan mediasi yang lebih baik juga diperlukan untuk menyelesaikan banyak tantangan politik yang melingkupi sengketa tanah yang lebih problematis. Walaupun undang-undang atas sertifikasi tanah tetap menjadi langkah awal, hingga saat ini pemahaman masyarakat terhadap rancangan undang-undang tersebut sangatlah buruk. Sebelum undang-undang tersebut disahkan, debat publik yang lebih luas harus dilakukan dengan didahului pemberian informasi kepada publik mengenai undang-undang dan implikasinya. Keperluan debat publik ini harus diseimbangkan dengan keinginan agar tidak ada penundaan pengesahan undang-undang lebih jauh lagi.

Bersamaan dengan rencana pemerintah mempercepat pembangunan dan mengidentifikasi bidang-bidang yang membutuhkan dukungan para donor, prioritas pemerintah sebaiknya mencakup:

    *
      Konsultasi dan penjelasan lebih jauh mengenai implikasi undang-undang pertanahan dan perundang-undangan yang terkait sebelum disahkan oleh parlemen;
    *
      Klarifikasi cepat mengenai rencana perlindungan dasar dan pemukiman kembali bagi mereka yang akan diharuskan pindah setelah dianggap merupakan pemukim ilegal;
    *
      Keterlibatan dengan masyarakat setempat mengenai cara pemerintah untuk dapat melindungi hak masyarakat dan akses ke tanah yang berada di bawah kepemilikan adat;
    *
      Upaya-upaya untuk memperkuat dukungan bagi proses mediasi informal seiring dengan sertifikasi tanah formal; dan
    *
      Memulai pembahasan mengenai sebuah kebijakan pertanahan dan perumahan yang komprehensif yang akan menggabungkan kebutuhan masyarakat dan tujuan pemerintah.

Dili/Brussels, 9 September 2010

Going Over Old Ground How Security Sector Reform’s Component Discourses Can Help Bridge the Gap Between Theory and Practice

Going Over Old Ground How Security Sector Reform’s Component Discourses Can Help Bridge the Gap Between Theory and Practice Thomas Eli Stratton Master of Arts in Post-war Recovery Studies Post-war Reconstruction and Development Unit Department of Politics The University of York
September, 2008

Dmitry Titov's 2008 Confidential Report on security situation in Timor-Leste for UNSC

Dmitry Titov's Confidential Report on security situation in Timor-Leste for UNSC                                                            

Public Holidays in Timor-Leste 2011

TLGov: public holidays with fixed and variable date for 2011 Secretariat of State of the Council of Ministers Díli, Goverment Palace  27th  of December of 2010

IV CONSTITUTIONAL GOVERMENT SECRETARIAT OF STATE OF THE COUNCIL OF MINISTERS PRESS RELEASE

The public holidays with a fixed date and variable date for 2011, determined by the Law n.o 10/2005 of 10th  of August, are the following:

a) 1st of January – New Year’s Day (fixed date public holiday);

b) 22nd of April – Holly Friday (variable date public holiday);

c) 1 st of May –World Labour Day (fixed date public holiday);

d) 20th of May – Restoration of Independence Day (fixed date public holiday);

e) 23rd of June – Corpus Christi (variable date public holiday);

f) 30th of August –Popular Consultation Day (fixed date public holiday);

g) 31st of August – Idul Fitri (variable date public holiday);

h) 1st of November – All Saints Day (fixed date public holiday);

i) 2nd of November – All Souls Day (fixed date public holiday);

j) 7th of November – Idul Adha (variable date public holiday);

k) 12th of November – Youth National Day (fixed date public holiday);

l) 28th of November – Proclamation of Independence Day (fixed date public holiday);

m) 7th of December – National Heroes Day (fixed date public holiday);

n) 8th of December – Day of Our Lady of Immaculate Conception and Timor-Leste Patroness (fixed date public holiday);

o) 25th of December – Christmas Day (fixed date public holiday).

The Law n. o 10/2005, of 10 th of August, determines national public holidays and the official commemorative dates.

Timor Leste's Prostitution. To condemn or to manage it?

Tempo Semanal-Dili, 29.12.2010 Those who involved in prostitution mostly come from neighboring countries such as Indonesia, Thailand, Philippine and China. Those people are victims of human trafficking lured to Timor Leste with promises of decent jobs and good earnings. However when arrived in the destination country most of them are forced to provide their service in prostitution. They are forced to do the work by sex traffickers operating in those countries. Hence it is mandatory to the authority to prosecute those people involved in human trafficking by putting them in jail or have them deported.

A database of men suspected of human trafficking need to be established. Identify these people, prosecute them, deport them and deny them entry to Timorese territory for unlimited of time. Timorese authority has been cracking down those involved in prostitution. Many foreigners have been deported whether they are victims or traffickers.

One important question raised from this issue is how about those Timorese who are also doing their service in prostitution? Should they be condemned by the society? Or should we, as society help them by providing certainty on their activity with a proper legislation and a designated place? A designated place or decriminalized brothels need to be considered to help improve safety. Yes, we talk about safety whether it is in term of health, combating human trafficking, security for all and social impact on the society.

Those people involved in prostitution are not the enemy of society as long as they make it for a living and do not harm anybody. But those that need and should be considered enemy of authority are those traffickers. Therefore, Police need to have guidance on how best to deal with problem linked to prostitution.

A debate is also needed in creating a prostitution law in order to tackle the negative effects from this activity. In order to manage something, one needs firstly to create a proper legislation to that end.

Designated places must be established openly and recognized by government in order to manage those girls who make a living in that service. To condemn is easy but it is more difficult to find a proper solution to the issue. So it is better to manage than to condemn.

Management by laws, legalization and finding designated places are good steps forward to help solve the negative effects of prostitution. By a good management on this issue, the government can monitor those who make a living from this activity and prosecute those who involved in exploitation of human beings. The government as representation of State must help those women in the prostitution by providing them safety guidance on health issues. Consider them as partners in combating health issues such as HIV-AIDS, sexually transmitted diseases and cooperation in combating against human trafficking, which is synonym to sex exploitation of women. This can be done with decriminalization policy on prostitution.

It is time for this debate by Timorese society. (***)

See also an analysis of the social problem of Prostitution in East Timor on East Timor Law Journal

29 December 2010

UNMIT Press Statement: Shooting incident at Vila Verde, Dili, Timor-Leste

PRESS RELEASE UNMIT Press Statement: Shooting incident at Vila Verde, Dili, Timor-Leste Dili, 27 December 2010 - An incident occurred on the afternoon of 26 December at a Vila Verde residence complex involving a UN Police Officer and a Timorese national, working for the security firm, Asia Pacific Assurance Company, APAC. The incident resulted in a gunshot wound to the lower leg of the Timorese national, who was subsequently hospitalized and is reported to be in stable condition.

The UN regards the use of force and the discharge of a firearm under any circumstances as a very serious matter.

A full investigation is underway and depending on its outcome the UN will ensure that all necessary actions will be taken in accordance with the relevant laws.

For further inquiries, please contact UNMIT Acting Spokesperson, Carlos Araujo at 731-1513.

                                                                                  ** *** **

                                                          UNMIT KOMUNIKADU IMPRENSA

                                               Insidente tiru iha Vila Verde, Dili, Timor-Leste

Dili, 27 Dezembru- Insidente ida akontese iha loron 26, fulan-Dezembru lorokraik iha kompleksu rezidénsia Vila Verde nian ida mak envolve Ofisiál Polísia ONU nian no Timor-oan ida, ne’ebé serbisu iha kompañia seguransa, Asia Pacific Assurance Company, APAC. Insidente ne’e hamosu kanek tiru ba iha ain-kabun okos Timoroan ne’e nian, ne’ebé to’o ikus tama ospitál, no tuir relatóriu katak nia iha kondisaun ne’ebé estavel.

ONU konsidera katak uzu forsa no tiru kilat iha kualkér sirkunstánsia nu’udar kestaun ida mak sériu tebetebes.

Ami hala’o daudaun investigasaun kompletu ida no depende ba ninia rezultadu ONU sei garante katak asaun nesesáriu sira hotu sei foti tuir lei sira ne’ebé relevante.

Atu hetan informasaun tan, favor kontakta UNMIT nia Portavos interinu, Carlos Araujo: 731-1513.

28 December 2010

UNMIT Lia Naroman December 2010

UNMIT Lia Naroaman December 2010                                                            

Indonesian military linked to Timorese drug runs

Rory Callinan The Australian December 28, 2010 12:00AM - Indonesian soldiers have been linked to the alleged trafficking of crystal methamphetamine and other illegal drugs into East Timor.

The troops have been involved in a smuggling operation using remote bush tracks along the two nations' border, according to a local security-monitoring NGO.

Fundasaun Mahein (Guardian Foundation), which was established partly through funding from an Australian Federal Police grant, has warned of a growing threat from organised crime to the tiny nation and noted links between the Indonesian military and the trafficking of hard drugs.

It alleges that drugs are being sourced in Bali before being smuggled to East Timor and are then distributed to foreigners through a restaurant in the capital in a racket run by an Indonesian businessman with military connections.

The AFP, which has a contingent based in East Timor, says it is aware of the report but any comment should come from local authorities.

The report, compiled last month, quotes an anonymous official in the border regions and several informants, and provides detail of criminal activity identifying some alleged perpetrators and their businesses by initials and documenting the operations of one syndicate that is allegedly bringing in marijuana, ecstasy, crystal methamphetamine and heroin.

It says the mastermind of the drug syndicate is a Bali-based businessman who is involved in marine transport operations between Java and Bali.

He is alleged to hold a position in the military and has a contact based in Kupang in West Timor with connections to former militia members, who act as drug couriers to cross the border, the report says.

Smuggling now takes place at midnight, or early in the morning, and "there are stories that they are accompanied by several Indonesian National Army (or TNI members), who are on duty in the border area" and also by ex-militia members, the report says.

"Although I know there is distribution in the border, I don't dare to report because the risk is I can lose my life," a local official from the border area told FM.

"Selling takes place openly, especially when there are no UN staff, or UNPOL, around to take action."

The report said: "Smuggling activities from Nusa Tenggara Timor territory to Timor Leste are mostly done in the forests, among walking paths and other hidden locations along the border between the two countries."

Once in the country, the drugs were passed to a restaurant owner in Dili whose business the report names by its initials.

East Timor's Secretary of State for Security, Francisco Guterres, said the government was aware of the report but was already acting on the issues raised.

FM was established by East Timorese academic Nelson Belo and a former UN adviser, Edward Rees, to monitor security in East Timor.

In 2009, the AFP donated $90,000 to help fund the NGO.

19 December 2010

TEMPO SEMANAL: The United Nations in Timor-Leste: An Exercise in Hypocrisy

TEMPO SEMANAL: The United Nations in Timor-Leste: An Exercise in Hypocrisy

Recruitment for PNTL: A Long Way to Professionalism

Fundasaun Mahein, 14 December  2010

Press release

Recruitment for PNTL: A Long Way to Professionalism

This Voice of Mahein edition 15, emphasizes in depth the recruitment of PNTL members (PNTL) within the last few months. At the same time, FM focuses on the question of professionalism amongst the PNTL members during their ten years of existence, including the question of mal-administration within PNTL’s institution.

Through its monitoring programs, FM has discovered serious irregularities that have taken place during the process of rank promotion within the PNTL institution in 2010. The recent examples of irregularities are the people were promoted from the rank of Sergeant to Chief Inspector.  Officers are supposed to be promoted according to the laws of promotion for PNTL, but in the fact it appears that some officers who did not meet the criteria outlined in the promotion law for PNTL were also promoted to the higher ranks.

FM also identified that many of the irregularities in the promotion process were in regards officers who still had open cases still being heard in the courts, but were promoted anyway. FM recognizes that these irregularities came about because there is no proper coordination in place between the General Commander of PNTL and the Secretary of State for Security (SES). The recruitment process and promotion of rank have been the competence and with directed involvement of the General Commander of PNTL, even though the law for promotion gives full competence for these actions to the SES.

FM in this report also identifies that since its establishment, that with PNTL, until just recently, the major problem being faced was a lack of administration and their knowledge of the functions of state institutions in general. The other serious challenge has been their lack of understanding the laws of promotion which has become the major preoccupation for both the Commission of the Promotion of Rank as well as for most PNTL officers. Therefore, there is an urgent need for the PNTL to disseminate the laws regarding the promotion of police officers.

FM recommends that in the future the PNTL Rank Promotion Committee involves the civil society by asking the church, academic and intellectual groups their opinions regarding future promotions of PNTL officers.

FM recommends that the PNTL General Commander explain to the public the laws about promotion, the promotion system, and answer other technical questions for his officers, so there is no confusion from PNTL officers who are not satisfied with the current rank promotion system.

FM recommends that the General Commander of PNTL always be consistent with the rank promotion system, and communicate in a direct way, that PNTL members who are involved in crime or have discipline problems will not be eligible for promotion until their cases are resolved in the court.

FM recommends the General Commander of PNTL and the PNTL Rank Promotion Committee promote police officers to positions of responsibility based on their experience, work capacity, ethics, discipline, and not based on emotional or family connections.

You can download the report here.

For more information on this issue, please contact

Nélson Belo,

Director of Fundasaun Mahein

Web: www.fundasaunmahein.wordpress.com

Email: direktor.mahein[at]gmail.com

tlp :   +670 737 4222

TEMPO SEMANAL: OIOS UNMIT Procuresment

TEMPO SEMANAL: OIOS UNMIT Procuresment

TEMPO SEMANAL: Government of Timor-Leste and the USA signs a Memorandum of Understanding on Defence Cooperation

TEMPO SEMANAL: Government of Timor-Leste and the USA signs a Memorandum of Understanding on Defence Cooperation

The Dili Insider: Letefoho 2002

The Dili Insider: Letefoho 2002

05 December 2010

Police officer accused of assaulting two youths during football game

Diaro Nacional, December 1, 2010 language source: Tetun - Two young men from the Dili suburb of Manleuana, Adao Barros and Jeferino Gusmao, allege that they were assaulted by a Task Force Police officer on 23/11 and were taken to the detention center for 72 hours.

Dili District Police Commander Superintendent Pedro Belo said he had no information about the alleged assault by his Task Force Police officer in Manleuana which had left two young people injured.

Spokesperson for the victims, Paulino da Costa, said the incident took place during a football match organised by Care International.

“The football game was part of commemorations for the November 28 Proclamation Day of Timorese Independence 1975-2010,” da Costa said.

Police ban use and sale of fireworks as threat to security

Suara Timor Lorosae, December 1, 2010 language source: Tetun - Police Commissioner Longuinhos Monteiro said the PNTL would hold operations to stop the public using firewords between 01 December 2010 and January 1, 2011.

Monteiro said the PNTL would hold the anti-fireworks operations because the police had been instructed by the Ministry of Defence and Security to do so.

“The PNTL has undergone an orientation to conduct operations and socialisation in the communities and schools informing people not to ignite firworks becuase it posed a threat to security in the country,” Commissioner Monteiro said.

Commander Monteiro added that the PNTL will also hold operations against retailers and confiscate any fireworks for sale.

F-FDTL-PNTL recall military attributes and weapons

Suara Timor Lorosa’e, December 1, 2010 language source: Tetun - Police Commissioner Longuinhos Monteiro said that local residents and civilian security officers had handed over military attributes and other facilities to the police voluntarily.

The facilities which have been handed to the commander of the PNTL included police and military uniforms, tear-gas, military emblems, knives and so forth.

Monteiro said the civilian security companies and the ex-guerilla fighter organization CPDRDTL had also given their contribution to the PNTL in recalling those facilities of the military.

PNTL (police) is now recalling these items as the Government through the council of the Ministers released a resolution that allows the PNTL and F-FDTL to recall military and police equipment used by civilian security officers and local residents.

TEMPO SEMANAL: Security Support and UNMIT: SSR Failure mixed with Misconduct

TEMPO SEMANAL: Security Support and UNMIT: SSR Failure mixed with Misconduct

TEMPO SEMANAL: UNPOL PRETENDING TO BE SERIOUS BY RAIDING SUSPECTED PROSTITUTION BAR

TEMPO SEMANAL: UNPOL PRETENDING TO BE SERIOUS BY RAIDING SUSPECTED PROSTITUTION BAR
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