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30 July 2012

The grab for Greater Sunrise

East Timor Legal News Source: The Star Online Saturday July 28, 2012 By RISEN JAYASEELAN
risen@thestar.com.my - IT'S a typical eving in the world's second newest country, as a group of uniformed cleaners scan a beach with their wooden spikes to pick up litter. The beach is already relatively clean, especially considering its part of the country's capital.

The backdrop of the workers though, is an exquisite sight: a gorgeous sunset unaffected by any signs of air pollution. The slow moving cleaners aren't for a moment distracted by the pretty sight. A conversation with one of them reveals their inner thoughs they are hoping for a better job. Jobs in town are not aplenty.

Further down the road, boys flog their daily catch of fish, another unimaginable sight for fish-loving city-dwellers like this writer. The fish are large and plentiful and look fresh although there's a marked absence of any refrigerator, not even ice. Just water sprinkled on the fish, probably to make them look fresh.

Welcome to Dili, capital of Timor Leste. Declared a sovereign state only on May 20, 2002, after a long, painful and blood-ridden struggle. Like many countries coming out of years of troubles, its poverty is visible.

But while its troubled past is well-documented, its future holds just as interesting a story.

Walking into the easily-accessible court yard of the country's parliament building smack in the centre of Dili and you get a glimpse into that future.

Sitting jarringly in front of Parliament House is a shrine-like glass boxed structure, measuring the size of about three cars.

In it lays not a Catholic deity (90% of the population are Roman Catholic, the result of its Portuguese colonial past) but rather an imposing sample of a solid steel pipeline. Emblazoned on the pipe are the words: “Europipe ... takes pride in contributing to the passage to prosperity of the nation of Timor Leste and its people”.

In May, Timor Leste's enigmatic Prime Minister Xanana Gusmao had unveiled the structure to an international audience as a testament to his government's steadfast ambition of having an undersea pipeline built to bring to its shores its valuable offshore natural gas resource.

The pipeline represents a lifeline of sorts for the impoverished country and its 1.2 million people. For a while now, Timor Leste has been fighting for the right to build this pipeline from the Greater Sunrise gas field located approximately 150km south-east of the country.
Freshly caught fish on sale.

Starbiz had reported in May that the Timor Leste government has inked a memorandum of understanding (MoU) to partner with Germany's Europipe GmbH to build a much-needed gas pipeline from a massive offshore oil and gas field to the country's mainland. The project is co-managed by Malaysian firm and regional representative of Europipe, Petro-Mekong Corp Sdn Bhd.

The Timorese government's Strategic Development Plan (SDP) 2011-2030 states this: “To bring petroleum development to our shores and provide a direct economic dividend from petroleum industry activities, supporting infrastructure will be developed on the south coast of Timor-Leste. This will be led by the Tasi Mane Project, a multi-year development of three industrial clusters on the south coast which will form the backbone of the Timor-Leste petroleum industry. The project will involve development of a coastal zone from Suai to Beaco and will ensure that required infrastructure is in place to support a growing domestic petroleum industry.”

Fighting for a fair deal

Rescuing these rightful resources however is not so straightforward and also highlights a seemingly unfair scenario an earlier inked agreement and subsequent treaties between a then Indonesian-controlled Timor Leste and the Australians, has given the latter an overly weighted say in how the gas fields are developed. It resulted in giving a consortium led by Australian company Woodside Petroleum Ltd operational rights over these offshore fields.

The consortium had earlier already built a 500 km pipeline to Darwin, Australia, drawing gas from another gas field from the Timor Sea, the Bayu Undan field.

To be fair, Timor Leste does get some royalties from this. The country's specially instituted “Petroleum Fund”, into which Timor-Leste's oil revenues are deposited now, holds about US$10bil (RM31bil).

Even so, a noteworthy development has taken place. Earlier this month, Timor-Leste began legal action against multinational oil companies Conoco-Phillips and others to recover substantial monies it believes are rightfully owed to it.

(Despite being so close to Timor Leste, its gas fields are actually owned by these multinationals, all thanks to earlier signed agreements. For example, the first Greater Sunrise field is owned by Woodside (33.4%), ConocoPhillips(30%), Shell (26.6%) and Osaka Gas (10%).)

American lawyer Pierre-Richard Prosper, a former US ambassador-at-large for war crimes, has been engaged to advise and represent Timor-Leste on claims of unpaid taxes by many oil and gas companies operating in Timor Sea, it has been reported.

“It is a David and Goliath fight,” Timor Leste's Secretary of State for Natural Resources Alfredo Pires was reported to have said. He added that “hundreds of millions, possibly billions” is owed.

In a 2007 book entitled Shakedown by Australian journalist Paul Cleary, the alleged unfairness of Australia is depicted. The writer depicts how Australia bullied Timor Leste out of its rightful share of gas resources in the Timor Sea. Cleary had worked as a media adviser with the Timor Sea Office during bilateral negotiations between the two countries and gives a clear view on how Timor Leste had been denied its resources and its freedom over and over again, with the finger pointed at Australia.

Back to the plans to build the pipeline from the Greater Sunrise gas field.

Earlier proposals by Woodside were to build a second gas pipeline from Greater Sunrise to Darwin, despite the fact that that distance is more than twice the distance to Suai in Timor Leste's south coast.

Subsequently, the Woodside consortium proposed a floating LNG option. (Natural gas needs to undergo a liquefaction process before it can be shipped).

However even that idea has been rubbished by Timor Leste.

Insiders say such a plan is not only prohibitively expensive, it also leaves Timor Leste in a vulnerable position considering it does not have strong navy to protect its interests in the floating platform.

Proposals to exploit Greater Sunrise reportedly estimated to hold 240 million barrels of light oil and 5.4 trillion cubic feet (154 billion cubic meters) of natural gas -- must be approved by both countries, the previous treaties between the neighbours, states.

The deal gives the parties until 2013 to agree upon a joint development plan. It is only understandable that the fledgling Timor wants the gas from the Sunrise project to be piped to its south coast, where an LNG plant would anchor the government's major southern industrialisation project. What is promising though is that according to one version of interpretation of the existing agreements and treatise, Timor Leste is in a good position to dictate its future: some reports have stated that by next March, if no agreement is reached between the parties, Timor Leste will be able to terminate the existing agreements and international treaty that sets the rules for development of Sunrise. If and when that happens, and going by international maritime law, Timor Leste would then be likely to solely be in charge of the development of the Greater Sunrise field.

Perhaps Greater Sunrise could then lead to greater prosperity for Timor Leste, which in turn could mean more jobs and higher salaries for its people. And its workforce would then have the peace of mind to appreciate its other natural resource its idyllic sunsets.

Using local language to solve local issues

East Timor Legal News 30/07/2012 Source: Suara Timor Lorosae 23/07/2012 - A victim of land dispute used his local language (makasae) when responding to the judge in a trial conducted in Dili as he did not fully understand the language(s) of the court such as Tetun and Portuguese.

The court did not expect this would happen but when it happened the court did not stop the victim. One of the judges tried to explain to the other judge in Tetun and this went on until they had reached the final decision that was just and accepted by both parties.

This was unique as it has never happened before and it clearly shows that the roles of local languages are vitally important in the development process, especially in the justice system.

How can we achieve a true justice in court when victims and suspects don't understand the court's language?  

See also East Timor: Language and The Law on the East Timor Law Journal

New Members of Parliament inducted today with CNRT's Vicente Guterres nominated as Speaker

East Timor Legal News 30 July 2012 Source: Radio Timor-Leste, July 30, 2012 - The new parliamentary members were inducted on Monday Morning (30/7), the Director of Supports for the Parliament, Adelino de Jesus said.

The current President of the National Parliament, Fernando Lasama de Araujo chaired the ceremony for the third legislature.

Jornal Independente also reported that the coalition parties, CNRT, PD and Frente Mundanca nominated Vicente Guteres for president of the National Parliament for 2007 to 2017. Mr Guterres served as deputy president of the National Parliament from 2006 to 2012.


A source from CNRT told Independente the party made its decision to nominate Vicente Guteres to become the president of the parliament because of his experience.

29 July 2012

Socialist Timor: Why do we say "Land for the Farmers?"

East Timor Legal News 29/07/2012 Source: Socialist Timor July 29, 2012

PST POLICY ON LAND – CULTIVATED LAND

Why do we say “Land for the Farmers”?

In East Timor there have historically been two types agricultural land. One one hand there is cultivated land, such as coconut trees, kemiri trees, coffee and some others valuable trees, which is owned by individual farmers. But in some cases because the farmers are too poor they cannot compete with big producers. Let us give you a concrete example, coffee plantations. Due to the cost of working the coffee plantation, costs such are higher at harvest time, some of the poorest farmers prefer to work for big landowners or in order to meet the costs, they need to sell their coffee at prices which are not as competitive as those of the big landowners.

Therefore, on the other hand, because of the history of Timor’s colonisation, titles for larger parcels of land, such as coffee or other plantations, were taken over by the colonialist governments and handed over to capitalists, or small merchants, in order to develop the plantations. This situation, or mode of production, caused the poorest people, due to their need for money for their immediate needs, to sell themselves as workers to the big landowners. These same landowners were the ones that were given the land of the poor by the colonialists. Thus the poor farmers became poor workers that worked in the big plantations owned by capitalists. This was the first stage of primitive accumulation in Timor and occurred under the Portuguese and was repeated under the Indonesians.

These two situations generated a mode of production that placed the people in a situation of economic dependency which has continued throughout the course of colonial East Timorese history and which continues today.

Since Independence in 2002, a significant amount of land used for rice production has been granted to the private sector to exploit. This decision was made on the basis of the expectation that the creation of a private sector would contribute to job creation and thus reduce the rate of unemployment that still increases day by day. Despite this privatisation of rice production in some places we are still dependent on the importation of rice – a situation that has never previously existed in our history.
Harvesting the crop at a People’s Base Committee Cooperative

In order to put an end to this model of production that exploits the poor and institutionalises dependence the PST advocates a Policy that can be summarised as follows:

1. The State should take over the big plantations because this land was and has been from the very beginning the land of the Timorese people. Placing this land under State control is the first step towards redistribution and land rights for the people. It must be recognised that land held under both Portuguese or Indonesian title is in most cases land that was taken from the people.

2. In respect of agricultural production the State should assist the farmers to organise themselves in cooperative groups to exploit the plantations for the common interest;

3. The State should invest in the development and renewal of agricultural cultivation through the the cooperatives and local grassroots common production;

4. The State should provide the people with a living wage to support them when they work in the fields, no matter what the level of production;

5. The State should provide support for the establishment of common and cooperative processing facilities so that the people can add value to their produce by processing their agriculture products;

6. The State should establish a Ministry dedicated to the task of supporting the common and cooperative production, processing, marketing, sale and export of the people’s products.

In order to implement the policy, the PST advocates that the basis of all agriculture production should be the common project of the people. In order to achieve this the State should, where necessary, in the first place, collectivise production with the goal of passing these collectives to the common and cooperative control of the people within ten years. It should be from this basis that the people can, where necessary, enter into partnerships or joint ventures with the public and private sectors.

We say in order to end dependency: “Land for the Farmers!”.

28 July 2012

Stoned taxi trial begins at the Dili District Court

East Timor Legal News 28 July 2012 Source: The Dili Weekly 26/07/2012 Written by Venidora Oliveira - The Dili District Court (TDD) began hearings into the stoning of a taxi, which occurred on the 19 February 2012 in Balide, Dili.

At the hearing, the taxi owner told the court how his taxi was parked at the place and a group of drunken men started throwing rocks at the vehicle destroying it.

“I didn’t know of any problems, I often park my vehicle there, but this time they just started throwing rocks at my car causing a lot of damage,” said the owner of the taxi at the TDD in Mandarin, Dili.

The victim submitted a complaint to the Criminal Investigation Services (SIC) after surveying the completely damaged vehicle.

“On the same night I called the Police, who came immediately to the scene of the crime to investigate and the case is being heard in court,” said the victim.

The defendant admitted living nearby but rejected the accusation he had damaged the vehicle, saying he did not throw any rocks.

“I came home from work tired and went to sleep, but then heard noise and suddenly rocks began hailing on our house, causing my wife and children to panic, so I went outside and asked why my house was being stoned,” said the defendant.

“People began running up and down the place, I started searching for my children, then one of my colleagues said the owner of the taxi had told police I was responsible for throwing rocks at his vehicle. So I said let us go to court and I will reply there,” said the defendant.

Judges for this hearing were Antonio Elder, Jose Maria, and Antonio Gomes, with lawyers Domingos Barreto and Marcia Sarmento for the Prosecution and Defence respectively.

After hearing both parties, the presiding judge asked the defendant to return to the Court July 30 to hear the sentence.

Only two cases of domestic violence heard at Dili District Court

Dili District Court Official Coat of Arms
Dili Distric Court Official Seal
East Timor Legal News 28/07/2012 Source: The Dili Weekly 26/07/2012 Written by Venidora Oliveira - Of the 115 cases of domestic violence handled by the Victim Support Services (VSS) since January 2012, only two were heard in the courts.

“We have attended to a total of 115 cases of domestic violence so far this year, however only two have been resolved by the courts, “said VSS Coordinator Marcelina Amaral, in Colmera, Dili.

Although lodged quite a while ago, some of the cases are still being investigated by the Office of the Public Prosecutor.

“We must be patient with the delay in the court because quite a high number of cases are lodged every day,” said the VSS coordinator.

In the meantime, Maria Maia Reis a Member of Parliament (MP) asked Government to act accordingly to address the ever-increasing number of cases especially now there are laws on domestic violence.

“I believe in order to mitigate domestic violence, both men and women should be made aware of the need to communicate rationally otherwise it’s back to square one,”  said MP Reis.

The MP acknowledged and praised the efforts of the VSS in their assistance to victims of domestic violence particularly in referring them to the legal system.

Armindo’s Case under investigation

 Calisto Gonzaga, Director of the East Timor Police Criminal Investigations Service
Calisto Gonzaga, Director of CIS
East Timor Legal News 28 Jult 2012 Source: The Dili Weekly Written by Venidora Oliveira - Investigations are underway to try to solve the case of Armindo Pereira, a Dili University student who died in Hera on 16 July 2012 after the Conference held by the Congresu Nasional Rekonstrusaun Timor (CNRT) at the Dili Convention Centre, Dili.

“Right now we are trying to establish possible suspects, which is not easy, so a lot of time is needed,” said Calisto Gonzaga, Director of Criminal Investigations Service, from his office in Caicoli, Dili.

According to Director Gonzaga things were heating up out there, so police went in to calm people down, but this resulted in the death of the youth.

“The situation was out of control and resulted in the death of one young man from Ossu, District of Viqueque. The victim was a third semester student at Dili University, said the Director.

SIC has approached the Public Prosecutor’s Office for cooperation in the investigation procedures.

Member of Parliament (NP) Maria Maia Reis asked police to speed the process so the culprit can be found.

“We must find the culprits and bring them to justice, this is about a person’s life,” MP Reis added.


Swearing in of new Parliament to occur at end of July 2012

East Timor Legal News 28 July 2012 Source: The Dili Weekly 24/07/2012 Written by Ezequiel Freitas - The swearing in ceremony for the new Members of Parliament will take place on the 30 July 2012 and the National Commission for Elections (CNE) is being urged to hasten the publishing of the final parliamentary election results, so preparations can begin.

“On July 30 the swearing in ceremony will take place so we hope the final results of the counting will be officially published,” said Member of Parliament (MP) Aderito Hugo at the National Parliament, Dili.

The Congresu Nasional Rekonstrusaun Timor (CNRT) Party MP said the mandate for the second legislature would finish on 30 July 2012.

MP Mario Viegas Carrascalão for the Social Democratic Party (PSD) said although July was almost over Parliament itself has not made any preparations.

“The swearing ceremony can only happen after the Court of Appeals legalises the results and in the presence of the President of the Republic,” said MP Carrascalão.

He also asked current MPs to ready themselves for the handover to the new parliamentarians.

47 traffic accident fatalities

East Timor Legal News 28 July 2012 Source: The Dili Weekly 26/07/2012 Written by Venidora Oliveira - Forty seven (47) road fatalities were registered during the period beginning January to July of this year in the whole of Timor-Leste.

“Some were victims of collisions while others fell of motorbikes and other accidents resulted directly from bad road conditions such as in Ermera,” said National Traffic Authority Chief Antonio L. C Soares (17/07), in Caicoli, Dili.
Another factor was most drivers not having full understanding of road signage, he added.

Member of Parliament Jose Manuel Fernandes in his turn said compared to other nations, Timor-Leste casualties are very small.

“Relatively speaking, this is a very low number compared to other countries where the actual volume of traffic is also higher, we are constantly blaming the police but we ourselves do not seem to want to contribute, because many a time we do not obey traffic signs,” said the MP.

The MP also asked the DNTT not to issue driver’s licenses to people who did not have the necessary experience to drive vehicles on the road.

“People should be tested on whether they know traffic rules, and whether they have the necessary skills to drive, but mostly if they abide by the traffic code, before licenses are issued,” suggested the MP.

Summary of Changes in the Composition of the National Parliament following the 2012 Legislative Election

East Timor Legal News 28 July 2012 This is a brief summary of the changes on the composition of the East Timor National Parliament following the 2012 legislative elections and a comparison with the results from the 2007 election.

2007 Election
In the 2007/2012 Parliament, the following parties had the following number of seats:

Revolutionary Front for an Independent East Timor
(Frente Revolucionária do Timor-Leste Independente)          21 seats

National Congress for Timorese Reconstruction
(Congresso Nacional da Reconstrução Timorense)              18 seats

Social Democratic Party
(Partido Social Democrata) &
Timorese Social Democratic Association
(Associaçao Social-Democratica de Timor)                          11 seats

Democratic Party (Partido Democrático)                                8 seats

National Unity Party (Partido Unidade Nacional)                      3 seats

Democratic Alliance (Aliança Democratica)
Association of Timorese Heroes (Klibur Oan Timor Asuwain)
People's Party of Timor (Partido do Povo de Timor)                  2 seats

National Unity of Timorese Resistance
(União Nacional Democrática de Resistência Timorense)         2 seats

Out of those 9 parties that held seats in the Parliament during the 2007-2012 term, only 3 survived the 2012 election with one new party gaining seats. The 2012-2017 Parliament will be composed of the following parties:

2012 Election
National Congress for Timorese Reconstruction
(Congresso Nacional da Reconstrução Timorense)              30 seats

Revolutionary Front for an Independent East Timor
(Frente Revolucionária do Timor-Leste Independente)           25 seats

Democratic Party (Partido Democrático)                             8 seats

Frente Mundanca                                                               2 seats

The Social Democratic Party, the Timorese Social Democratic Association, the National Unity Party, and the Democratic Alliance comprised of the Association of Timorese Heroes and the People's Party of Timor were completely annihilated at the 2012 election.

New Book: Competitive Nation-Building in Timor-Leste With Particular Reference to the Discourse on the Postcolony's With Particular Reference to the Discourse on the Postcolony’s ‘Language Tetralemma’ During the Years 2002-07

East Timor Legal News 28 July 2012 New Book by Andre Borgerhoff - Nation-building is a competitive practice – no matter how united a people were in their past struggle for independence, and no matter how convincingly pledges are made thereafter to preserve ‘national unity.’ In 2002, Timor-Leste became a sovereign state. Starting from scratch after decades of resistance war, protagonists of varying age, education, and political backgrounds had rather different ideas of building theirnew community – as the ‘Tetralemma’ of four formal languages illustrates in this book.

This study explores the enormous challenges and exciting dynamics faced by emerging postcolonial and post-conflict nations. It explains why popular expectations of inclusiveness and stake, so vital to the success of liberation movements, turn into potential sources for distress after independence. Through a combined analytical approach of nationalism, sovereignty, collective memory, and strategic groups theory, nation-building is defined as the interest and ideology-driven construction of identity which, after all, constitutes a primarily political process.

Information:

Format 225 x 155 mm, 394 pages
ISBN 978-3-940132-47-5 
Price: 29,90 Euro (D)

http://www.regiospectra.com/fachbuch_pub_osttimor.htm#borgerhoff
http://www.amazon.de/dp/3940132470

East Timor Legal News 27 July 2012

Headlines Summary: Previous members to serve the new government - Hera Naval Port damaged after spending US $ 7 million - New governnment will give priority to marine force - Six Timorese people detained in Surabaya
No specific law to declare assets - TMR appreciates PDHJ's work - 31 % Women occupy new National Parliament seats - CNE removes political parties' attributes - Frenti Mudanca denies rumors on shadow cabinet - AATL protests international legal advisors
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Previous members to serve in the new government Independente, July 27, 2012 - Ministers and secretaries of states who served the current Government will probably take part in the new government.

A joint technical team from CNRT and PD responsible for discussing the cabinet members said yesterday that it was important to continue using the present Government members in the new government.

Frenti Mudanca was not included in the joint technical team but is in the political team.

Previous government members would serve in the new government so that they could finish their works, PD's National Council President Antonio da Concencao said.

"The reform is not dramatic. We do not want destroy the previous structure completely," he said.
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Hera Naval Port damaged after spending US $7 million Independente, July 27, 2012 - Hera temporary port for the Timorese Defence Force (F-FDTL) naval force has been damaged after a strong wave hit it. The port was constructed by an Australian company named Lifese Engineering Ltd in 2010 with a total budget US $ 7 million in which the construction did not go through a tender process.

The port has not yet been handed over to the Government officially by the company, but it is damaged because of the poor quality.

Last year the Government had to pay a fine US $1 million because it breached the contract.
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New government will give priority to marine force Timor Post July 27, 2012 - State Secretary for Defense Julio Tomas Pinto said that he would recommend to the new government to give priority to better develop the country's marine force to patrol the Timor Sea.

"I know the marine force is still facing many difficulties; especially the material for the maintenance of the ship and the barracks for the marine force members," Pinto said.

Pinto said although the government is changing, the strategic planning for the marine force would be continued. "The government will be changed, but the strategic planning will be continued to professionalise the marine force in the future," he said.
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Six Timorese citizens detained in Surabaya over stabbing death Timor Post July 27, 2012 - Six Timorese students suspected of being engaged in a criminal case in Surabaya are being detained on suspicion of having stabbed a fellow student named E. Freitas Belo to death.

Amongst the detained students are Juliao Pinto from ITTAS University and Roberto Brites from Information Technology of Greno Surabaya.
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No specific law to declare assets Timor Post July 27, 2012 - Commissioner of the Anti-Corruption Commission (KAK) Aderito de Jesus said there was no specific law to regulate government officials declaration of their assets.

De Jesus said the law No. 7/2007 did not specifically mention asset declarations by the prime minister, the president of the republic, the president of parliament or the president of the Court of Appeal.

"Law no 7/2007 is too general, therefore we have no specific law for officials of the government to declare their assets," he said.
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TMR appreciates Human RIghts and Justice Ombudsman's work Suara Timor Loro sa'e, July 27, 2012 - The President of the Republic Taur Matan Ruak appreciated the Human Rights and Justice Ombudsman's (PDHJ) work; therefore, he called on them to continue maintaining their work.

PDHJ Ombudsman Sebasriao Dias Ximenes said the president of the republic appreciated their work and he called on them to continue maintaining this work and would cooperate with the office of the president

"The president appreciates our work and he has called on us to maintain and in the future to cooperate with the President's Office," Ximenes said.
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Women to occupy 31 % Women occupy new National Parliament seats - Suara Timor Loro Sae July 27, 2012  - Timorese women will occupy about 31 per cent of the nwe National Parliament seats meaning that the country gives more opportunities to the Timorese women to participate in politics.

State Secretary for the Promotion of Equality (SEPI) Idelta Maria Rodrigues said there were 20 women representatives who would occupy the National Parliament seats from CNRT, FRETILIN, and PD as approved by the Appellate Court on July 16, 2012.

"Women representative in National Parliament are 31 percent and we are calling on the Parliament to approve the domestic violence law," she said
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CNE removes political parties' attributes Radio Televizaun de Timor-Leste July 27, 2012 - The National Election Commission (CNE) yesterday removed all the posters and stickers belonging to the political parties which were put up in public places in the Capital of Dili.

Director General for CNE Olavio da Costa Monteiro said the political campaign materials should be cleaned based on the electoral law.

"We are calling on the people to work together with CNE to remove all political parties' posters in the capital of all districts in the country," Almeida said.
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Frenti Mudanca denies rumors on cabinet Radio Timor-Leste, July 27, 2012 - Secretary-General of Fretilin Mudanca Party Jorge da Concecao Teme has denied the widespread rumors about the cabinet of the new fifth constitutional government.

Mr. said the rumoured cabinet list was untrue and was baseless as his party and other political parties like CNRT and PD had not yet discussed it.

He therefore called on all the Timorese people not to believe such rumors, as the new cabinet would be appointed by Prime Minister Xanana Gusmao.

"It is better for us to wait until the prime minister has announced it, as according to the law the ministers are appointed by the prime minister," he said.
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East Timor Lawyers Association protests international legal advisers Radio Timor-Leste, July 27, 2012 - The Timor-Leste Lawyers Association (AATL) yesterday protested the international legal advisors who are currently taking part in a test to become legal advisers in the country.

Spokesperson for AATL, Pedro Aparicio, said the presence of international lawyers in Timor-Leste would be a threat for the Timorese lawyers employment opportunities, especially in the field of justice.

Mr. Aparicio would present this issue to the Government and the National Parliament to take it into consideration.

"We would like to take this problem to the Government and the Parliament to look at it carefully in terms of politics," he said.

East Timor Legal News 26 July 2012

UPF holds meeting with Indoensian Army officers to strengthen cooperation Radio Timor-Leste, July 26, 2012 - Timor-Leste Border Police (UPF) officers have held a meeting with Indonesian Armey officers to strengthen cooperation at the border.

RTL journalist Julio da Costa reported that the meeting was about how to strengthen cooperation and unity between UPF and TNI to guarantee security and stability at the border area.

According to the UPF officers, such meetings are necessary as Indonesian army officers at the border are substituted every six months; therefore both sides need follow up information regarding security issues.
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Timor-Leste does not need UNMIT: Nielsen Timor Post, July 26, 2012 - The UN Secretary-General Special Representative to Timor-Leste, Finn Rieske Nielsen, has acknowledged that Timor-Leste doed not need UNMIT to provide security because it was now able to be responsible for security itself.

He said even though after the presidential and parliamentary elections there were some problems and violence, order was restored quickly, therefore, there were no concerns about national security.

"This success shows that Timor-Leste has peace and stability, therefore, I guarantee that in the future, the situation in Timor-Leste will remain calm meaning that Timor-Leste does not need UNMIT anymore to guarantee security," he said

Mr. Nielsen also expressed congratulations for the success of the presidential and parliamentary elections which were successful and transparent and conducted in an atmosphere of calm.
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State Secretary for Defence calls on Defence Force to show discipline Diario Nacional, July 26, 2012 - State Secretary for Defence Julio Thomas Pinto has called on the Timorese Defence Force (F-FDTL) officers to be disciplined in carrying out their work.

Mr. Pinto made the comments during his farewell ceremony at the F-FDTL training center yesterday in Metinaro in Dili.He said that F-FDTL soldiers who violated the defence force's internal regulation would be sanctioned or be sacked.

"For the military force, discipline is like the soul; if any soldiers are not disciplined; they might be said to die," he said.

The F-FDTL and SED are planning to remove the defence force training center to another place as the center will be used as the headquarters of the "CSA".
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JSMP calls for investigation into Armindo Pereira Alves' death Diario Nacional, July 26, 2012- The Director of the Judicial System Monitoring Program (JSMP), Luis Olieveira Sampaio, has called on the competent institutions to conduct an investigation into the death of Armindo Pereira Alves in the recent violence in the capital Dili following the broadcast of the CNRT congress that rejected Fretilin's proposal to form a government of national unity.

Mr. Sampaio said JSMP, as part of civil society, strongly condemned the police officers who had shot dead Alves in Hera.

He affirmed that there were three police officers accused of shooting dead Alves, but a thorough investigation into the case had to be held.

JSMP also congratulated the National Police Commander on his decision to suspend the three police officers.

Sampaio called on the Public Prosecution to directly investigate the case according to the Penal Code Process Article 48.

 See further:

Police Officer Accused of Killing Student Suspended

 Police officer who shot dead Armindo Pereira Alves suspended
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UN continues investigating serious crimes committed in the past Suara Timor Loro Sae, July 26, 2012 - The UN Secretary-General's Special Representative to Timor-Leste, Finn Rieske Nielsen, said the UN would continue conducting investigations into serious crimes committed in the past.

Mr. Nielsen said although the UN would leave the country in December this year, a small organisation would be here to investigate serious crime committed in the past.Nielsen made the comments during a meeting with Forum of NGOs [FONGTIL] and its members yesterday, while discussing security issues in the country.

"We are hoping and thinking that there would be an investigation team to continue working here after the peace keeping mission," he said.
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Preparations for new government, PNTL on alert Suara Timor Loro Sae, July 26, 2012-In relation to the establishment of the new government, the National Police (PNTL) is now on alert, Deputy Commander of PNTL, Commissioner Afonso de Jesus said.

Because of the situation, PNTL has been on alert since last night to control the security situation in the country, he said.

"Starting from today our police officers will not return home but will continue to do their patrols," he said.
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SIC yet to investigate prostitutes Independente July 26, 2012-The Timorese National Police (PNTL) for Criminal Investigation Service (SIC) Commander, Superintendent Calistro Gonzaga, said the SIC had not yet held an investigation into the prostitutes who were recently arrested near the presidential palace in Dili.

"We will identify them before deporting them back home but there is no concrete evidences to accuse them of being prostitutes," Gonzaga said.

Director for Judicial System Monitoring Program (JSMP), Luis Oliveira Sampaio, said according to the Penal Code, there is no law banning men and women from engaging in prostitution.

See also on the East Timor Law Journal the following articles on prostitution in East Timor:

ROCCIPI Analysis of the Social Problem of Prostitution in East Timor

Morality, Religion & the Law: Abortion & Prosititution in East Timor
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UNPOL supports PNTL to provide security Suara Timor Lorosae July 26, 2012 -The UN Police has promised to continue supporting the  Timorese National Police (PNTL) to guarantee peace and stability in the country.

The UN Police Commander, Commissioner Luis Carilho said the UN Police continued to support PNTL to ensure the security and stability in the country.

"The presence of UNPol in Timor-Leste should give its contribution to strengthen the peace and stability," Carilho said.

Deputy Commander of PNTL, Commissioner Afonso de Jesus, said the presence of the UN Police in the country was to strengthen peace and stability and help support PNTL to provide the security for the people in the country.
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Fernando La-Sama De Araujo
La-Sama denies rumors of becoming Deputy PM Timor Post, July 26, 2012 - The Democratic Party (PD) president, Fernando La-Sama De Araujo, has denied the widespread rumours that he is to be appointed as the deputy prime minister of the country.

"That information is invented, we have not yet made decision, but suddenly it has already appeared in the newspaper," La-Sama said.

He called on all the national media outlets to publish factual and accurate news stories to the public.

26 July 2012

FRETILIN Seeks Role in New Government in Timor-Leste

Fretilin's Mari Alkatiri and Lu Olo
East Timor Legal News 26 July 2012 Source: Jornal Independente By Agapito dos Santos DILI: FRETILIN is talking to CNRT about a role in the new regime and is keen to put forward its ideas on how to improve the government.

FRETILIN had qualified people who could contribute to the government and opposition in the national parliament, according to its secretary general Mr Mari Alkatiri.

“We have two teams, one from CNRT and another one from FRETILIN, that are having discussions,’’ Mr Alkatiri said. “We want to contribute our ideas about making the new government better than the previous one.”

Mr Alkatiri spoke to journalist after he and FRETILIN president, Mr Francisco Guterres Lu–Olo, met the President, Taur Matan Ruak, yesterday. The two Fretilin leaders told the President that although their party had lost the recent parliamentary election, it was willing to contribute in the national interest.

His party would ask the three-party coalition government to learn from the failures of the previous government.
His party had a candidate who could assume the role of the new parliamentary speaker.

However, CNRT secretary general, Mr Dionisio Babo, has said that Mr Duarte Nunes was its candidate for the position. Mr Nunes is currently head of the parliament commission B, responsible for the internal security and foreign affairs.

The head of the new parliament must come from CNRT because it had won the current election, according to one of its MPs, Aderito Hugo da Costa.

“We believe that PD (the Democratic Party) and Frenti-Mudanca understand this situation because we have 30 seats in the national parliament,” Mr da Costa told Independente.

His party’s National Political Council would decide the future parliament president. The new parliament will have their first parliamentary session next Monday, July 30, when the 65 MPs will appoint their speaker.

In the elections earlier this month, CNRT won 30 seats, FRETILIN 25 seats, PD 8 and Frenti-Mudanca 2.

East Timor Legal News 25 July 2012

Headlines: CNRT’s Gusmao meets with TMR to discuss new government - President TMR holds meeting with CNRT, PD and Frente Mudanca leaders - Fretilin leaders meet with Gusmao - President approves three-party coalition government - Police arrest prostitutes near Presidential Palace - Immigration police detain 37 Indonesians - Gusmao will study Fretilin’s proposal to join government - F-FDTL plans to place air force in Baucau - CPD-RDTL calls for collective governance - Suspect who stabbed CNRT member indentified - Police identify suspects in Annur Mosque case - TMR agrees to Coalition Government - New Government-MP's should declare their wealth - Police officer dies after medical treatment in HNGV
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CNRT’s Gusmao meets with TMR to discuss new government Radio Televizaun de Timor-Leste July 25, 2012 - The National Congress for Timorese Reconstruction (CNRT) party President Xanana Gusmao has held a meeting with President Taur Matan Ruak (TMR) to discuss the establishment of the new government.

“The President contacted me because CNRT is the party that won the majority of seats in the parliament and intends to form a coalition government which is constitutional,” Gusmao said.

Gusmao added he also informed the president about the security situation in the country after the CNRT conference, and about the CNRT party making informal approached to PD and Frente Mudanca about the coalition.

“I came to inform the president that we are ready to form a coalition with two parties, although I have not contacted their leaders formally,” he said.
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President TMR holds meeting with CNRT, PD and Frente Mudanca leaders - Radio Televizaun de Timor-Leste July 25, 2012 - The President of the Republic Taur Matan Ruak has held a meeting with CNRT, the Democratic Party (PD) and Frente Mudanca to discuss the establishment of the fifth constitutional government.

Speaking to the journalists, the PD President Fernando Lasama said CNRT, PD and Frente Mudanca have officially informed the president of the republic about their readiness to set up the new government for another five years.

“We meet the set criteria. CNRT, PD and Frente Mudanca have 40 MPs in the parliament we will ensure a solid government for five years,” Lasama said.

He added the technical team would make some changes by excluding some current ministers and the swearing-in for the new cabinet would on August 8.
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Fretilin leaders meet with Gusmao - Radio Timor-Leste, July 25, 2012 - Fretilin Party leaders have held a meeting with the President of CNRT Xanana Gusmao but the issues discussed in the meeting were not disclosed.

CNRT Party President Gusmao said he would consult with the Democratic Party and Frenti Mudanca leaders on the ideas of the Fretilin Party.

“It is good to consult with me; this is reaction that the three of us discussed. And we need to have an agreement,” he said.

Mr. Gusmao added that the political parties’ leaders and the president of the republic would continue discussing the issue which was about the country’s national interest.
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The Presidential Palace, Dili, East Timor
President approves three-party coalition government Independente July 25, 2012 - A three-party coalition will form the new government of Timor-Leste. President Taur Matan Ruak informed the leaders of the three parties of his decision at a meeting at the presidential palace yesterday.

The president of the Democratic Party (PD) Mr. Fernando Lasama de Araujo said the three parties, CNRT, PD and Frente Mudanca had yet to discuss whether Fretilin would be involved in the new government.

Meanwhile, the Prime Minister and CNRT president, MR Xanana Gusmao, said the coalition would discuss the new government’s structure before presenting this to the president.

The CNRT’s national conference decided last week to invite the two minor parties to join the new government.
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Police arrest prostitutes near Presidential Palace Independente July 25, 2012 - The Timorese National Police (PNTL) from the Department of Immigration has arrested a number of prostitutes in a house near the Palace of the President.

The Immigration Police Commander, Superintendent Jose da Costa, said the police surrounded the place at which the prostitution activity went on. Some Timorese and foreign prostitutes were found there.

“Yesterday at four o’clock I told my staffs to Aitarak Laran to arrest seven Timorese who engaged in prostitution next to the presidential palace,” da Costa said.

He added that the police would continue to investigate to discover the man behind the prostitution activity in the country.


See also ROCCIPI Analysis of the Social Problem of Prostitution in East Timor on the East Timor Law Journal
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Immigration police detain 37 Indonesians - Independente July 25, 2012 - The immigration police detained 37 Indonesians who are holding tourist visas but who were working illegally in the country. Those Indonesians were detained at the National Election Commission (CNE) new building site in Colmera in Dili.

Da Costa called on the company to be responsible for this mater as it had employed them in the project.

“The company should be responsible and recruit their workers according to the existing law of the country,” he said.
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Gusmao will study Fretilin’s proposal to join government - Independente July 25, 2012- The CNRT Party President Xanana Gusmao said he would study the proposal from Fretilin requesting participation in the new government.

Fretilin has approached Mr. Gusmao to discuss their position as opposition in the National Parliament and about their willingness to join the new government.

Gusmao said he would study and discuss with CNRT’s leaders about the coalition, adding that he would respond to the request after their internal party meeting

He called on all the Timorese people to create peace and put national interest as their top priority.
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F-FDTL plans to place air force in Baucau Diario Nacional, July 25, 2012 - The Timorese Defense Force (F-FDTL) is planning to place its future air force in the eastern district of Baucau, State Secretary for Defence Julio Thomas Pinto said.

F-FDTL’s future air force will be placed in Baucau, he said during a speech marking his farewell ceremony at the defence force base in Baucau recently.

Mr. Pinto explained that the Timorese ground force was currently based on in Baucau, but according to PEDN [the National Development Plan], it would be placed on the southern coast of the country.

“As you know, this place will be used as the future air force base and your base will be moved to the southern coast of the country,” he said.
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CPD-RDTL calls for collective governance Diario Nacional, July 25, 2012 - CPD-RDTL [a Timorese resistance organisation] has called on the winner of the parliamentary election party to set up a collective government to ensure peace and stability in the country.

“We are calling for the establishment of a collective governance to strengthen unity and maintain peace and stability,” spokesperson for CPD-RDTL, Gil Fernandes, said.
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Suspect who stabbed CNRT member indentified - Timor Post, July 25, 2012 - The National Criminal Investigation (SIC) Commander, Calisto Gonzaga, said the person who was suspected of stabbing a CNRT party member in Ermera district had been identified by the police.

“The suspect who stabbed the CNRT member, Martinho de Carvalho, in the village of Urahou of Ermera has been identified,” he said.

Commander Gonzaga affirmed that the process of investigation into the case was going on for further legal process.
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Police identify suspects in Annur Mosque case - Suara Timor Loro Sae July 25- The Timorese National Police (PNTL) have identified some suspects who were engaged in damaging the Annur Mosque in Kampung Alor in Dili last week.

PNTL Commander, Commissioner Longuinhos Monteiro, said that Mosque Annur case suspects had been identified for investigation purposes.

“We have identified some of the suspects, even though we do not yet know how many people were involved in this case, but through these people we will know how many other peoplewere involved,” he said.
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TMR agrees to Coalition Government - Suara Timor Loro Sae, July 25 - Timor- Leste will have its new government called the Coalition Government for the 2012-2017 period and the president of the republic Taur Matan Ruak (TMR) said he agreed with such a kind of government.

CNRT party president Xanana Gusmao as the most elected party and the president of PD and Frente ­ Mudansa met with TMR to inform him about the formation of the new government.

“We already had an informal contact with PD and FM and we are here to inform the president about these three parties which will form coalition” Gusmao said.
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New Government-National Parliament members should declare their wealth - Suara Timor Loro Sae, July 25 - The new government and the national parliament members should declare their wealth to the appellate court to combat corruption in the country, the former Director of HAK, Rui Viana, said.

The population should know their leaders’ wealth before becoming government and national parliament members, he said.

According to him, the new government members should be professional and be capable of fighting corruption, even though Tmor-Leste did not have a strong anti-corruption law.
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Police officer dies after medical treatment Suara Timor Loro Sae, July 25 - A Timorese National Police officer, agent Joao Dos Reis, who was recently treated in the Guido Valadares National Hospital after an accident in Lolotoi when escorting ballot boxes from Lolotoe Sub-district to Maliana has passed away.

The victim’s family member, Manuel Da Costa, said the late Joao died while doing his duty as a police officer.

“We are calling on the state bodies to look after the victim’s family members, especially the future of his children” Costa said.

Four Years of Final Report of Indonesia-Timor-Leste Commission of Truth and Friendship (CTF): A Recommendation without any Implementation

Jakarta, July 16, 2012 Four years have already passed (15 July 2008 - 15 July 2012) after the issuance of the Final Report the Commission of Truth and Friendship (CTF) of Indonesian Government and the Democratic Republic of Timor-Leste, but until now, there is no any consensus recommendation run by both countries. As a reminder, this state's independent commission has issued seven (7) main recommendations. Either directly related to accountability process of the security sector reform; which will affect the law enforcement process of the human rights past abuses; the establishment of the Commission for the Disappeared; official state acknowledgment and apology of both countries and up to the long term of reconciliation agendas between Indonesia and Timor-Leste.

KontraS looked that slow implementation for 4-years is refers to form of law and politic denial between both countries. Indonesia has conducted the agenda of security sector reform (SSR) for more than one (1) decade, but law and public often missed the accountability section. Other recommendations that urgently need to be realizing such as acknowledgment and apology, the establishment of Commission for the disappeared are become impossible as long there is no political will between both Presidents.

Indonesian government has to execute the official state acknowledgment and apology a manifestation of commitment to the truth and reconciliation agenda of past abuses cases that happened in Timor-Leste. This agenda could even encourage the efforts to acknowledge of other human rights violations that occurred in Indonesia. With the justice agenda that is unity of the transitional justice concept that acknowledge by other democratic countries.

Unfortunately, the indifference of President Susilo Bambang Yudhoyono on those seventh main recommendations of CTF Final Report that indicates lack of Indonesian political will to solve those serious past abuses in Timor-Leste. The delegation of Timor-Leste mentioned this indifference in the second Session of Universal Periodic Review in last 23 May. Timor-Leste, specifically, warned Indonesia to end impunity by accelerating the establishment of the Commission for the Disappeared based on the Final Report of the CTF.

On the hand, Indonesian civil society also awaits the political steps of Taur Matan Ruak, the elected President of Timor-Leste, to encourage the recommendation and accelerate the restitution of victims' rights. His political interest on CTF will be important and strategic. He is one of the main parties who have strong background in socio-political history of Timor-Leste, both in the past, now and then.

KontraS assess the concept of truth, friendship and reconciliation that mentioned in the Final Report of the CTF must be in tune with the real demands of victims' community and their families. Especially on the values of justice and guarantee that will not happen in the future. The legal process for perpetrators of crimes against humanity must be continue due to there is no recommendation of CTF that mention the amnesty or rehabilitation to anyone.

In the line with CTF's recommendations, we continue to urge the Indonesian and Timorese Governments to take immediate concrete steps as follows:

1. Immediately establish the Commission for the Disappeared including providing legal certainty and justice for victims' families on clarity of their beloved one who still missing.

2. Jointly encourage the legal process of all the perpetrators of crimes against humanity in Timor-Leste to avoid impunity practice in the name of reconciliation and friendship.

3. Provide reparation to victims and their families in accordance with the contents of recommendation of Final Report of Indonesia-Timor Leste Commission of Truth and Friendship.



Indria Fernida, SH.
First Deputy Coordinator of KontraS

President meets the leaders of CNRT, PD and Frenti Mudansa

Dili, 25 July 2012: President of Republic, Taur Matan Ruak, met the leaders of the three coalition parties; Xanana Gusmáo of CNRT, Fernando “Lasama” de Araujo of the Democratic Party and Jose Luis Guterres of Frenti Mudansa. The objective of the meeting was to discuss about the forming of the 5th Constitutional Government.

“The President called the parties who have agreed to form a coalition Government to meet him, to brief him about our situation. I also informed him about our previous conference where we decided to establish a coalition with the Democratic Party and Frenti Mudansa, to form the next government”, said the CNRT’s President Xanana Gusmáo after the meeting.

After meeting these three leaders, the Head of State would also invite the FRETILIN leaders to hear their ideas and opinion on how FRETILIN could also contribute on forming of the new Government.

President approves three-party coalition government

East Timor Legal News 26 July 2012 Source: Jornal Independente By: Agapito dos Santos
DILI: A three-party coalition will form the new government of Timor Leste. President Taur Matan Ruak informed the leaders of the three parties of his decision at a meeting at the presidential palace yesterday.

The president of the Democratic Party (PD), Mr Fernando Lasama de Araujo, said the three parties, CNRT, PD and Frenti Mudanca, had yet to discuss whether FRETILIN would be involved in the new government.

Meanwhile, the Prime Minister and CNRT president, Mr Xanana Gusmao, said the coalition would discuss the new government's structure before presenting this to the President.

The CNRT's national conference decided last week to invite the two minor parties to join the new government.

Violence erupted in Dili and Vikeke in the wake of the decision to exclude the second largest party FRETILIN from government. Its supporters were angered with comments made about it at the conference.

The National Police and F-FDTL brought the situation under control.

FRETILIN leaders have appealed to supporters to contribute to stability. They have also asked CNRT leaders to apologize for their comments.

FRETILIN representatives have met Mr Gusmao to discuss stability.

Mr Gusmao initiated the meeting, but FRETILIN had not signed any agreement with the three parties, a FRETILIN source said.

"(The four parties) have signed a political agreement but we have not discussed it yet. After we have done so we will present this to the President," Mr Gusmao said.

Mr Gusmao spoke to journalists after he met the President in Dili yesterday to discuss the formation of the new government.

Mr Gusmao informed the President that the three parties were ready to form the new government.
The new cabinet would comprise the best appointments.

Ministers or secretaries of state in the current government who had failed in their roles would not be re-appointed.

The members of the new cabinet had not yet been confirmed, Mr Gusmao said.

See also East Timor V Constitutional Government List of Ministers and Secretaries of State

25 July 2012

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24 July 2012

East Timor Legal News 24 July 2012

President Taur Matan Ruak
Headlines: President TMR concerned about disturbances in the country - President calls for political stability- Fretilin, CNRT to discuss stability issue - PNTL and F-FDTL's role is to respond to violence -Police call on Manatuto's young people to support security - Deputy Secretary for CNTR in Emera assaulted - SIC yet to identify motive of Alelo's death - PNTL yet to identify suspects who attack PNTL office in Viqueque

President TMR concerned about disturbances in the country Radio Timor-Leste, July 24, 2012 -President Taur Matan Ruak (TMR) has expressed his concerns over the recent disturbances and violence that broke out in the Capital of Dili and some districts after the conference of CNRT party.

The president said he and the Timorese condemned any forms of violence happening in the country as it impacted the people's lives.

"Violence committed by any people is condemned by the Timorese people and the president of the republic. But as president I am also happy because we can leave the violence shortly," he said.

TMR added that violence was not a proper way to resolve problem, but dialog was the best for the people to go through to find solutions.
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President calls for political stability Radio Timor-Leste - President of the Republic, Taur Matan Ruak has called on the leaders of the country to create political stability in Timor-Leste.The president made the comments on Monday (24/7) in relation the recent violence, in the Capital of Dili and some districts.

TMR said the Timorese people should remain calm and the leaders should accept one another for the sake of the national stability.

"The Timorese people and the leaders should respect one another and understand one another to create calm and stability," he said.

He added that the Timorese people in the rural areas are living in poverty; therefore stability was needed, so that the new government could attend to development.
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Fretilin, CNRT to discuss stability issue Independente July 24, 2012 -Fretilin leaders will meet CNRT President Xanana Gusmao to discuss stability and other development issues.

Fretilin President Francisco Guteres Luolo and Secretary General Mari Alkatiri are expected to meet him either today or tomorrow, said Fretilin Deputy Secretary General, Josefa Pereira.

A Fretilin team met Mr Gusmao recently to talk about some political issues, in addition, Fretilin leaders met last Saturday to discuss whether the party would join the parliament.

Mr Gusmao would meet Fretilin leaders before they announced the formation of the new government in the next few days.
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PNTL and F-FDTL's role is to respond to violence Suara Timor Loro Sae July 24, 2012-MP Adriano Nacimento from Committee B for defence and security said the National Police and the Defence Force (F-FDTL) were to respond to acts of violence.

Mr. Nacimento said peace rallies were allowed to be held, but if the participants in the rally created violence, so then the police and F-FDTL could respond to it.

"I think Major General Lere has said this and the police commander also knows their tasks," he said.

He said that holding a peace rally was everyone's right to do, but should not provoke situation which lead to the death of people.

MP Nacimento added that the incident happened in Hera should not happen again as it had left a young men killed.

Police call on Manatuto's young people to support security Suara Timor Loro Sae, July 24, 2012 -Following the wave of violence that happened in Baucau and Viqueque districts, the police in Manatuto district have called on the young people in the area to help support the security to keep peace and stability.

Manatuto Police Commander, Luis da Silva said the police should go through this way to strengthen the peace and stability in the area.

"I am calling on all the young people to remain calm to help support the security to maintain peace and stability," he said.
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Deputy Secretary for CNTR in Emera assaulted Diario, July 24 2012 -The deputy secretary for CNRT party of Urahou village, Hatolia Subdistrict of Ermera District, Martinho De Carvalho Babo was stabbed with machete.

The incident happened last Friday (7/20) in Urahou village, Hatolia subdistrict of Ermera District. A Fretilin party follower was suspected of being engaged in the case.

After the assault the victim Martinho de Carvalho Babo then appeared in the police station to report the case.

"A FRETILIN party follower stabbed me with machete, wounding my leg and my hand," he said.
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SIC yet to identify motive of Alelo's death Independente July 24, 2012 -National Investigation Service Commander (SIC), Superintendent Calistro Gonzaga, said the suspect who murdered Marcelina Da Silva Pereira "Alelo" had been detained in the Dili District police detention center, but they had not yet identified the motive for the killing

Commander Gonzaga said PNTL was waiting for the Public Prosecution to conduct an investigation into to the case to determine what the motive was.

The suspect has attended the first hearing in Dili District court and the judge has found some facts that the suspect was the one who murdered Alelo.
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PNTL yet to identify suspects who attack PNTL office in Viqueque Independente July 24, 2012 -The Timorese National Police (PNTL) has not yet identified the unknown groups that attacked the PNTL office in Viqueque and burned down one school building in Lautem District.

Criminal Investigation Service (SIC) Commander Superintendent Calistro Gonzaga said he had received information regarding the case of the destruction the police station in Viqueque district.

"PNTL is still hunting down the suspects who committed this crime  in Viqueque," Gonzaga said.

East Timor's V Constitutional Government (Provisional) List of Ministers and Secretaries of State 2012

East Timor's PM Gusmao
East Timor Legal News 24 July 2012 Source: Independente 24 July 2012

Ministers
PM : Xanana
Vise PM: Fernando Lasama
Vise PM Asuntu tratados Financiamentu Intern: Emilia Pires
Ministru Defeza e Seguransa : Xanana
Minsitru do Estado Conselho Ministrus : Agio Pereira
Minstru Financas: Antonio da Conseicao
MNE: Jose Luis Guterres
MAP: Mariano Sabino
MED: Bendito Freitas
Ministru Justisa: Ivo Valente
MSS: Maria Domingas Alves
Ministru Educasaun: Joarge Teme
MAEOT: Adriano Nascimento
Minstru Infrastrutura: Pedro Lay
Minsitru Saude: DR. Sergio Lobo
Minsitru Comersiu Industria: Fernanda Lay

Vice-Ministers:
VM Educasaun: Antonio Cardoso
VM Saude: Madalena Hanjam
VMNEC: Constancio Pinto
VM Financas: Francisco Borlako
VM Justisa: Eugebio Guterres
VM Infrastrutura: Gil Alves
VM Comersiu Industria: Abel Larisina
VM Estatal: Florindo Pereira
VMSS: Jacinto Rigoberto

Secretaries of State
SE Eletrasidade: Januario Pereira
SE Juventude Disportu: Francisco Kalbuady
SE Energia no Rekursu Naturais: Alfredo Pires
SE Kultura: Lurdes Mbesa
SE Veterano : Virgilio Smith
SEFOPE: Miguel Manitelo
SE Defesa: Julio Thomas Pinto
SE Seguransa: Longuinhos Monteiro
SE Agrikultura no Arocultura: Gil Rangel
SE Pesca: edmundo Viegas
SE Ordenamentu Teritorio e Municipio: Rui Amaral
SE Regiaun Oecussi: FernandoHanjam

East Timor Legal News 23 July 2012

Headlines: FM calls on PNTL to detain suspect who shot dead Mr. Alves in Hera - OPMT expresses concerns over CNRT members' criticism of FRETILIN - OPMT calls for PNTL's responsibility for its officer's brutality - We will not apologise, says Gusmao - SES should revise the organic law of PNTL - Situation in Timor Leste to prove end of UNMIT mission - PNTL does not step backward when facing  violence - Fretilin tries to approach Gusmao - Gusmao to exclude some ministers in his new cabinet - New Zealand Police officers help train Timor-Leste's police officers
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FM calls on PNTL to detain suspect who shot dead Alves in Hera Radio Televizaun de Timor-Leste July 23, 2012, - Fundasaun Mahein (FM) has called on the Timorese National Police (PNTL) to detain the perpetrator who shot dead Armindo Pereira Alves in Hera.

FM also called on the political parties' leaders to educate their followers to maintain peace and stability.

The Director of FM, Nelson Belo, said the PNTL Command should publicise the legal process for the police officer who had killed Mr Alves. "People need to better understand information about the legal process for the suspect, therefore we are calling on PNTL Command to update information publicly through the media outlets," Belo said.

Coordinator for FM, researchers said PNTL need to understand the security law before responding to any problems in the field.
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OPMT expresses concerns over CNRT members' criticismof FRETILIN Radio Timor-Leste, July 23, 2012 - OPMT [Resistance Organisation of Timorese women] has expressed its concerns over the criticism and insults made by Xanana Gusmao's CNRT members against Fretilin during the party's recent conference.

Secretary-General of OPMT Merita Alves made the comments during a press conference which was held last Friday at the Fretilin's headquarters, in Dili. Ms. Alves questioned the political maturity and responsibility of CNRT's members and demanded an apology be made publicly.

"We the women of Fretilin, orphans and war widows who are under the auspices of OPMT expresse our sadness and concerns over provocations made by the CNRT members in the conference," she said.

She called on CNRT party members and leaders to become a mirror for all the people and provide a good example in the democratic country and not promote instability.
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OPMT calls for PNTL's responsibility for its officers' brutality Radio Timor-Leste, July 23, 2012 language - OPMT [Resistance Organisation of Timorese women] has called on the National Police (PNTL) to be responsible for its members' brutality during the recent violence in the Capital of Dili.

According to OPMT, the National Police members' brutality has left a young man who was also Fretilin Party's follower killed during the violence.

In relation to the case, OPMT Secretary-General Merita Alves called on PNTL Commander Longuinhos Monteiro not to implement aggressive and militaristic mentality within the country's police force.

She called on the country's state bodies to uphold justice which was fair and independent based on the existing law in the country.
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We will not apologise, says Gusmao Independente July 23, 2012- CNRT president Xanana Gusmao said his party would not apologise for his members' verbal attacks on Fretilin which prompted last week's violence in Dili and Viqueque District.

He acknowledged some of his members defamed Fretilin in the CNRT conference last Sunday and that he failed to stop them.

But the critical comments should not have been answered by violence. Fretilin members had also made verbal attacks on CNRT during the parliamentary campaign, he said.

"We cannot say Fretilin's criticisms of CNRT during the campaign do not matter but the words said in conference do," Mr Gusmao said.

During the campaign, Fretrilin leaders had claimed some formers pro-Indonesian figures were hiding behind CNRT independence heroes in an attempt to gain positions, he said.
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PNTL promotion socialised Independente July 23, 2012 - The Commissioner of the Timorese National Police (PNTL) promotion, Isabel Fereira, said the commission was currently providing information to the police officers to register their names for promotion.

Fereira added the process of promotion would be realised after the establishment of the new Constitutional Government in August this year.

"The commission is still in technical preparations therefore, the commission has not yet been announced," she said.

She said the extra-ordinary promotion would begin from sergeant to inspector, adding that the promotions would happen because some of the PNTL members were unhappy with the last promotion.
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SES should revise the organic law of PNTL Independente July 23, 2012 - Fundasaun Mahein (FM) has called on the Government through the State Secretariat of Security (SES) to revise the organic law on the Timorese National Police (PNTL) regarding conflict intervention in the field.

Director for Fundasaun Mahein Nelson Belo said the PNTL members had skills training from Portugal National Police (GNR), but should identify whether use of force was allowed or not.

"PNTL and GNR were not guilty in relation to the incident at Hera, our government has made mistakes because they have not revised the organic law for PNTL itself," Belo said.
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Situation in Timor Leste to prove end of UNMIT mission Diario, July 23 2012 - The security situation in the country has returned to normal and it is proof of peace and stability, therefore, the United Nations Integrated Mission in Timor-Leste (UNMIT) should end in December this year.

Prime Minister Xanana Gusmao said the UNMIT Mission could end in December because the Timorese National Police were prepared to guarantee the security in the country.

"I may say that they are able to carry out their responsibility. I believe that PNTL can guarantee the security and UNMIT may leave the country," he said.

Mr. Gusmao added he would inform the secretary-general of the UN in August, as he would visit Timor Leste saying the country could now stand on its own feet.
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PNTL does not step backward when facing the violence Diario, July 23 2012 - Dili District Police Commander, Pedro Belo, said that Timorese National police would not step backward when facing violence to guarantee the security.

"We are strong and have the courage to face any situation and we will not step backward when facing problems, we will defend the innocent people and the country," he said.

Mr. Belo added that they would not let anyone create instability in the country, especially in the capital of Dili.
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Fretilin tries to approach Gusmao Timor Post, July 23, 2012 - Fretilin party is currently discussing how it can approach the President of CNRT Party, Xanana Gusmao, to explain about the Fretilin's decision to sit as an opposition in the National Parliament.

During the discussion, the Fretilin Party decided to present a proposal to the new government which will be set up by CNRT, PD and Frenti Mudanca.

Speaking to journalists, President of Fretilin, Framcisco "Lu-Olo" Guterres said his party would sit as opposition, but they had not yet made a decision about it, but have only made a proposal to be presented to Xanana Gusmao.

"We only set up a team to approach President of CNRT Party, Xanana Gusmao to present the proposal," he said.
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Gusmao to exclude some ministers in his new cabinet Timor Post, July 23, 2012 - Prime Minister Xanana Gusmao has decided to exclude some of the ministers in the current Government from his new cabinet.

According to the information, Gusmao wants to exclude these ministers as they had not been working properly.

In the new government, Gusmao will continue with his current post as the country's prime minister and will give some ministerial positions to the Democratic Party (PD) and Frenti Mudanca.
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New Zealand Police officers help train Timor-Leste's police officers Timor Post, July 23, 2012 - Two New Zealand Police officers have been training the Timorese National Police (PNTL) officers for two weeks in Baucau district on how to resolve problems within the communities.

"The Government has made an agreement with the Government of New Zealand about developing community policing in the country. The New Zealand police officers do not represent UN, but it is a bilateral cooperation," Baucau Police Commander, Faustinho da Costa said.

Commander da Costa said the training was focusing on how to identify the problems within the communities and how to resolve them.



22 July 2012

Timor turning the corner on poll violence

East Timor Legal News Source: The Australian 21 July 2012 by: Peter Alford, Jakarta Correspondent - POLITICAL normalisation is finally at hand in East Timor, despite last weekend's sudden outbreak of rioting that marred at the last moment the young nation's third elections.

"It was an unfortunate end to what had been an almost exemplary election process," said Deakin University's Damien Kingsbury, who led an Australian observers group to the presidential and parliamentary elections.

Otherwise, this year's experience has been in bright contrast to the chaos and menace permeating the 2007 elections.

The events that provoked Sunday night's clashes are likely to worsen the bad spirit between Prime Minister Xanana Gusmao's CNRT and Fretilin, the main political parties.

But they have not disrupted formation of the second Gusmao government, nor preparations for the UN special mission's departure by year-end and ending the Australian-led military stabilisation mission soon after.
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East Timor's capacity to properly manage elections is vindicated and party leaders honoured their joint undertaking to restrain their hotheads during the two campaigns.

The police force, rebuilt under international guidance following the breakdown of civil authority in 2006, effectively restored order by early Monday, although Fretilin complains of unnecessary force against its supporters.

CNRT secretary general Deonisio Barbo conceded that some of his members' language on Sunday had provoked Fretilin supporters angry at their party being excluded from the new government.

Mr Deonisio "extremely regretted" harsh words spoken against Fretilin at a CNRT special conference that endorsed Mr Gusmao's recommendation for a new coalition instead with the Democratic Party (PD) and Frenti-Mudanca.

CNRT won 30 seats in the election, Fretilin 25, PD eight and Frenti-Mudanca two. In a political consolidation that favoured CNRT best, the other four parties and alliances elected to the 2007 parliament were wiped out.

Fretilin, the strongest political force in the East Timorese struggle for independence and in the first five years of the new nation, lost government when its vote halved in 2007. Its leaders, former prime minister Mari Alkatiri and Francisco Guterres "Lu Olo" had campaigned on returning Fretilin to government by negotiating the party into a coalition.

That proposal, according to Professor Kingsbury, was "ill-advised and created unrealistic expectations" among Fretilin supporters, contributing to the frustration and anger that erupted on Sunday evening.

The other inflammatory factor was that the CNRT conference was televised live, so that members intensely proud of Fretilin's role in bringing free East Timor into being, watched as it was rudely ejected from coalition considerations.

The Timor Leste Journalists Association this week joined complaints about the telecast.

"We cannot accept the live report that opened an opportunity for one party's members to say words of hatred against another party - that contributed to the conflict," said association president Tito Belo.

On the other hand, given the bad blood between the two leaderships and Fretilin's robust criticisms of CNRT and the first Gusmao government, it would have been na adive not to expect some heated reaction to its efforts to join a new coalition.

Further, while Fretilin was arguing for a coalition "government of best talents", there was an obvious concern for the risk to accountable government of the two big parties sitting together on the government benches with 55 of the parliament's 65 seats. Mr Gusmao, who played on that concern, is discussing details of a coalition agreement with the junior partners and is expected to finalise a new ministry by August 5.

He returns from the election with his authority and CNRT's control of the government significantly strengthened.

But he also confronts an array of huge difficulties, some of which have been held in abeyance until the election was safely out of the way.

The largest and most immediate of those include spreading development more evenly from Dili, the booming capital, to the outlying districts where little has happened since independence to improve education, health care, sanitation, roads and farming.

There is government and civil service corruption, which is growing faster than the new Anti-Corruption Commission's capacity to contain it.

Then there is the challenge of returning the $US12 billion ($11.5bn) Petroleum Fund, East Timor's only substantial income source, to a sustainable basis while somehow meeting the first Gusmao government's development blueprint, precariously dependent on tapping the fund.

The fund's survivability, in turn, depends on East Timor reaching agreement with Australia's Woodside Petroleum and its partners on the Greater Sunrise liquefied natural gas project.

The development is stalled by a long-running dispute between Woodside and Dili about where the gas is to be refined into LNG.

"This requires tough decisions from the government, not about what sounds good to punters ahead of an election, but what realistically the country needs to do to sustain its future in the medium- to long-term," says Professor Kingsbury.

21 July 2012

Police Officer Accused of Killing Student Suspended

21 July 2012 Jornal Independente By: Raimundo Oki and Manuel da Silva - DILI: A police officer believed to have shot dead a student on Monday has been suspended, according to police chief Longuinhos Monteiro.

The policeman was suspended on Tuesday and would face further investigation, he said.

Armindo Pereira Soares was killed on Monday morning on a street in Hera, Dili, after being beaten.

"I have suspended him (the policeman). He has not come to work for two days," he said.

Commander Monteiro said his institution had a duty to control any violence.

Meanwhile, a police station in sub-district Uatulari, Vikeke district, was destroyed after an unknown group attacked it on Wednesday at 9:30am, district operational commander Eduardo Campos said yesterday.

No one was injured in the incident which he believed was sparked by the death of Mr Soares, Mr Campos said.

His police were searching those who involved in Wednesday's crime.

"Unknown youths attacked (the police station). We are searching for them," Mr Campos told Independente by phone.

The culprits would be arrested and brought to justice, he said.

A defence force team had been sent to Vikeke on Wednesday afternoon to support the police.

Altogether 62 people, including seven police members, were injured and 71 vehicles were destroyed in the violence on Sunday night and Monday morning.

The Deputy president of the Timor-Leste National Youth Council, Maria Dadi S. Magno, called on Timorese youth to contribute to peace and stability.

She asked political parties not to use Timorese youth for their party's interest.

Meanwhile, the Secretary of State for Agriculture Marcos da Cruz's vehicle was stoned in Komoro yesterday.

The incident happened at 11:30am when Mr da Cruz was on his way to his office in Kaikoli after meeting with Agriculture Minister Mariano Assanami Sabino Lopes.

The vehicle's left window was broken.

Mr da Cruz told Independente that he did not see who threw stones at his car, which broke the vehicles left window, but he was not injured.

Mr da Cruz said violence did not help the country's stability.

He has reported the case to police.

20 July 2012

F-FDTL and PNTL cooperate to restore situation in Viqueque

East Timor Legal News 20 July 2012 Source: Suara Timor Lorosae - The Timorese Defence Force (F-FDTL) and the National Police (PNTL) were cooperating with each other to restore the situation in the eastern district of Viqueque, F-FDTL Commander Major General Lere Anan Timur said.

Thirty three F-FDTL specials force soldiers together with PNTL officers were now in the terrain to restore situation, he said.

"F-FDTL soldiers are now with PNTL officers in the terrain to provide security for the communities of Viqueue in relation to the anarchy that has been happening in the area," he said.

Commander Lere said F-FDTL and PNTL should be deployed to restore situation, so that the people there could remain calm.

Police officer who shot dead Armindo Pereira Alves suspended

East Timor Legal News 20 July 2012 Source: Independente - The Timorese National Police (PNTL) Commander Commissioner of Police Longuinhos Monteiro said he had taken the decision to suspend  the PNTL officer who shot dead Armindo Pereira Alves in Hera because it was a homicide against the people of the country.

Monteiro said the suspect did not work anymore as he had been detained for investigation purposes.

"I have suspended him within two days waiting for the Public Prosecutor to conduct the criminal investigation process, "he said.

He added as a democratic country the law banned the people from using force against the civilians in the country.

Independente also reports that Mr. Armindo Pereira Alves was killed on Monday morning on a street in Hera, Dili after being beaten.

"I have suspended him (the policeman). He has not come to work for two days," the Commissioner said.

Commander Monteiro said his institution had a duty to control any violence. Meanwhile, a police station in the sub district Uatulari in Viqueque district was destroyed after an unknown group attacked it on Wednesday at 9:30, district operational commander Eduardo Campois said.

See also
Uatulari Police station attacked
More violence as PNTL and UN Police cars destroyed in Uatulari
Autopsy for violence victim complete; family demands Police Commissioner be sacked
Cars burned as violence erupts in East Timor

Uatulari Police station attacked

East Timor Legal News 20 July 2012 Source: Independente - The Uatulari police station was attacked by a group of unknown groups on Thursday.

The anarchy occured after the deceased Armindo Pereira Alves' dead body brought to Viqueque district for his funeral.

According to Viqueque district police operational commander, inspector Eduardo Campos, the National Police is currently in pursuit of the suspects.

"Unknown people who attacked the police station are being pursued," commander Campos said.




More violence as PNTL and UN Police cars destroyed in Uatulari

East Timor Legal News 20 July 2012 Source: Radio Timor-Leste - Two cars of the National Police (PNTL) and another two cars belonging to the UN Police were destroyed by the mobs in Uatulari in the eastern district of Viqueque, Police Commander of Viquque, Justinho Menezes said.

"Two PNTL cars and two UN Police cars were broken as they were rocked by the mobs in Uatulari, he said.

The commander made the comments during a telephone interview on Thursday (19/7) regarding the violence happened in the referred district.

Menezes said apart from destroying the four police cars the mobs who were accompanying the dead body of the recent violence victim, Armindo Pereira Alves, to Uatulari also attacked the local police station.

He affirmed that the local leaders and politicians had tried to approach the mobs but the mobs continue attacking the police station.

It was difficult to be predict that the situation could be restored shortly in the area and similar incident might happen again, he said.

The general commands of the National police had increased the number of the police officers to restore law and order and to respond to any further violence.
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