19 August 2011
Meeting of the Council of Ministers approves new laws
East Timor Legal News 19/08/2011Source: Government of East Timor Council of Ministers Meeting of August 17, 2011 IV CONSTITUTIONAL GOVERNMENT SECRETARIAT OF STATE OF THE COUNCIL OF MINISTERS PRESS RELEASE
Council of Ministers meeting of August 17, 2011
This Wednesday, August 17, 2011, the Council of Ministers met at the Council of Ministers' meeting room in the Government Palace, Dili, and approved:
1. Decree-Law that approves the Fifth Amendment to the Procurement Legal Regime
The Decree-Law approved today allows strategic infrastructure projects, costing less than $ 1 million dollars, to be financed by the Infrastructure Fund whereas before, only infrastructure projects with the minimum amount of is 1 million dollars could be paid from this fund.
2. Decree-Law to Amend the PNTL Salary Legal Regime
The Council of Ministers approved the amendment to the Decree-Law that created the Leadership and Management Supplement, which applies to officials who exercise the functions at the General Command, so that other officers from other units, which perform the same functions, can enjoy the same benefits.
3. Decree Law on the Use of Force
The police forces and public safety services are the main bodies for the protection of freedom and human rights and only they are allowed the use of force against another illegal or illegitimate force. Therefore, they need legal mechanisms which, in exceptional circumstances, recognize their power of using force.
In this sense there is a need for clarification of the rules and conditions under which cases there is room to use such means so that they are not used arbitrarily, subverting the nature of public security purposes.
The Council of Ministers approved the Decree-Law that aims to respond to this need and adapt legislation to the legal principles of international law and domestic law, establishing the limits beyond which it is considered that unlawful infringement of the fundamental rights and freedoms rights of citizens has occurred.
4. Government Resolution adopting the National Action Program for Adaptation to Climate Change
The National Action Program for Climate Change Adaptation (PANA) was approved, in accordance with the IV Constitutional Government's program, which considers the environmental area as essential and indispensable to the country's sustainable development strategy and the promotion of the quality of life of timorese citizens.
PANA is intended to make the country more resilient to climate change through measures focusing on reducing the adverse effects thereof and the promotion of the development and sustainable use of natural resources.
5. Decree-Law that alters the Fourth Amendment to Decree-Law No. 15/2008 of 4 June, that regulates the Pension of Combatants and Martyrs of the National Liberation
The amendment adopted by the Council of Ministers allows for the regulation of back payments in regards to the pensions of Combatants and Martyrs of the National Liberation, as discussed in the National Parliament during the State Budget discussion, which resulted in increasing the budget of the Transferences Fund for this purpose.
This Decree-Law also amends the right to a Survivor's Pension, as provided for in Law No. 3 / 2006 of April 12, since it comes to ensure the support of minors in case of death of the holder of the preferred pension, that is, in the case of the death of the Martyr's spouse.
The Council of Ministers also analyzed the following:
1. Statement by the Palestinian Ambassador to New Zealand, Timor-Leste, Papua New Guinea and Vanuatu
Izzat Abdulhadi, the Palestinian Ambassador to New Zealand, Timor-Leste, Papua New Guinea and Vanuatu, was at the Council of Ministers meeting where he made a brief statement on the negotiations that Palestine and Israel have had to achieve peace, a process that, according to Ambassador Abdulhadi, has failed due to lack of direct involvement of the international community. The Council of Ministers appreciated the intervention and will examine the most appropriate ways to support Palestine.
2. IT Security
The Ministry of Finance brought to the Council of Ministers Meeting the issue of security of the Government network. Security was addressed with respect to the equipment itself and the data that each contains, alerting to potential viruses and the various ways they can enter the system.
3. Draft Law on the Children's Code
The Draft Law on the Childrenss Code, that the Ministry of Justice presented today at the Meeting of Council of Ministers, was based on norms and principles of the UN Convention on the Rights of the Child and two Optional Protocols on the Involvement of Children in Armed Conflict and the Sale of Children, Child Prostitution and Child Pornography, which were ratified by Timor-Leste in 2003.
The members of the Council of Ministers discussed this draft law to establish and regulate the rights and freedoms of the child, who is under the jurisdiction of Timor-Leste and to establish a national system of protection, helping to strengthen an uplifting and supportive environment, safe and protective of the child.
4. Proposal for a Legislative Authorization Act on the Special Criminal Regime for Youth
The Ministry of Justice has made known to the Council of Ministers of a proposal for a Special Criminal Regime for Youth which promotes a more rapid legislative process, while guaranteeing respect for the rights, freedoms and guarantees of citizens under criminal law.
5. Mining / Cement Manufacturing Complex & Private Port Investment Project
The Ministry of Economy and Development brought to the Council of Ministers Meeting the Mining / Production of Cement Complex and Private Port Investment Project in Manatuto. In the presentation of this project investment and logistics of the project were discussed, as well as Capital gains and the impact on the environment.