17 December 2011

Meeting of the Council of Ministers of 14 December 2011

East Timor Legal News 14/12/2011 Source: Government of East Timor Press Release -The Council of Ministers met this Wednesday, December 14, 2011, at the Government Palace in Dili, and approved:

1. Government Resolution Proposal approving the Treaty of Amity and Cooperation in Southeast Asia

The accession of Timor-Leste to the Association of Southeast Asian Nations (ASEAN) is a priority of the IV Constitutional Government, as well as the promotion of good relations with all nations. For that reason, the Treaty of Amity and Cooperation in Southeast Asia and its Protocols should be ratified.

These international legal instruments aim to promote peace, friendship, solidarity and cooperation among people at a regional and global level.

The Treaty of Amity and Cooperation in Southeast Asia was signed by the five founding members of ASEAN in Bali in 1976, proceeding then to the extension to other countries through the three Amendment Protocols. The first and second Protocols were signed in Manila, Philippines in 1987 and in 1998 respectively. The third Protocol was held in Hanoi in 2010 allowing the European Union to join. Since its establishment sixteen countries outside ASEAN have joined the Treaty of Amity and Cooperation in Southeast Asia.

2. Decree-Law: approves the Special Careers Scheme for Health Professionals

The first amendment to the Civil Service positions of leadership and management careers scheme approved by Decree-Law 20/2011 of June 8, allowed us to develop the rules governing the creation of special careers and establish a its specific regulation.

It was thus solved the existing gap in the Civil Service Law covering health clinicians and in the Decree-Law establishing the Civil Service positions of leadership and management careers scheme that had insufficient legal basis to create their own careers  scheme within the Civil Service.

This legislation responds to the aforementioned needs and distinguishes health professionals, previously integrated in the general civil service career scheme, bearing in mind the specifics of their duties and the need to continuously build their scientific technique and functional autonomy.

3. Decree-Law: approves the Special Career Scheme and Statute of Prison Guards

This Decree-Law creates a special career regime for prison guards under the National Directorate of Prison Services and Social Welfare, distinct from the general civil service career scheme.

Prison guards face specific limitations, responsibilities and risks due to the performance of their duties in securing and in the surveillance of inmates. Prison guards also respond for the maintenance of order and tranquility inside the prison establishment.

In addition, this measure ensures the continuity of specific training given to prison guards during their career, allowing the development of their professional skills and improving prison services.

4. Decree-Law: approves the Statute of the Notaries and Registry Officers

This law creates a special career for both notaries and registry officers. It defines the rules of admission, appointment and career progression. It also establishes a salary in accordance to the set of special rights and duties. Moreover, it creates a separate incompatibility and impediments regime related to the specific nature of the functions and activities that registrars and notaries have to perform.

The implementation of the registry and notary system is one of the IV Constitutional Government Program priorities. By ensuring certainty and security within the country’s social and economic relations the Government aims at the reduction of judicial conflicts and the growth of a steady business environment, favorable to economic  and social development.

5. Decree-Law: approves the training regulation to access the registry and notary officer’s career

This regulation defines the application and entry conditions to access the special career and training of notaries and registry officers.

Joining this special career depends not only on the approval of a tender but it requires a mandatory special training, that ensures both notaries and registrars a due qualification, technical expertise and high-standard ethics. These components are essential for the maintenance and development of their professional activity and technical autonomy.

Building the capacity of notaries and registry officers is essential to the successful implementation of the registry and notary services. It is their special responsibility to maintain secure legal transactions and ensure the extrajudicial reduction of social conflicts

6. Decree-Law: approves the single pecuniary installment to the Combatants and the family of National Liberation Martyrs

This Decree Law defines the ownership and the requirements needed to start allocating the pecuniary installment process intended only to the families of martyrs and fighters for national liberation in agreement with Article 28 of the Statute of the Combatants of National Liberation

7. Fifth Amendment to Decree-Law No. 15/2008 of 4 June that regulates the Law of National Liberation Combatants

This decree-law amends the deadlines set out in Decree-Law No. 15/2008 of 4 June, in order to accelerate the pension claims procedures and appeals. The deadlines are now faster, without, however, undermining the rights of all beneficiaries

8. Decree-Law: approves the judicial holidays regime

The courts activity suspension system and the judicial actors’ holidays is severely outdated and unframed vis-à-vis the current judicial sector needs.

It is necessary not only to adequately ensure the right of judicial actors to pause but to provide institutions with enough time to organize training activities and to enhance the professional experience, competence and performance of their employees. This courts activity suspension shall not affect the guarantee of urgent services.

The Council of Ministers has approved a vote of condolence on the death of Ambassador RamonHernandez

Having been informed of the tragic death of HE Ambassador and friend Ramon Hernandez, who has recently ceased functions as Ambassador of Cuba in Timor-Leste, the Council of Ministers approved a vote of deep regret, addressing the most heartfelt condolences to Mrs. Maricela Hernandez and the rest of the family.

The relations between Timor-Leste and Cuba have strengthened considerably throughout the Ambassador Ramon Hernandez’s mandate. He has shown a strong commitment to support various areas, with particular emphasis on medicine and literacy, which by far have improved the living conditions of many Timorese people.

The Timorese people will always miss the work and the especial friendship that with no doubt distinguished Ambassador Ramon Hernandez. Timor-Leste is forever grateful.
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