16 December 2017

JSMP: Application of fines in cases characterised as domestic violence should consider the requirements of Article 38 of the Law Against Domestic Violence

JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIÁRIU Press Release 30 November 2017

The application of fines in cases characterized as domestic violence should consider the requirements of Article 38 of the Law Against Domestic Violence

The application of fines in cases characterized as domestic violence should consider the requirements set out in Article 38 of the Law Against Domestic Violence (LADV) as specific provisions related to crimes of domestic violence.

“The court must ensure that decisions in cases of domestic violence comply with the articles of the Law Against Domestic Violence and are aimed at deterring domestic violence in the future,” said the Director Executive of JSMP, Luis de Oliveira Sampaio.

In some cases the courts have the option of imposing a fine as the main penalty pursuant to Article 75 of the Penal Code. However in cases involving domestic violence, the application of a fine must consider the requirements of Article 38 of the Law Against Domestic Violence.

This is important to ensure that the courts comply with the provisions in the applicable law and ensure that court decisions have the ability to prevent other crimes in the future and to ensure the well being of society.

Article 38 of the Law Against Domestic Violence on choice and determination of the sentence states that:

(1) The court may substitute the penalty of imprisonment with a penalty of a fine provided the prerequisites provided for in Article 67 of the Penal Code have been met:

·         the security of the victim has been guaranteed,

·         the perpetrator agrees to undergo treatment or follow-up support services for the victim; and

·         such a measure would benefit the preservation of the family unity.

(2) The defendant may further be sentenced to an additional penalty prohibiting contact with the victim for a maximum period of 3 years whenever it is considered that the application of the principal penalty is insufficient to prevent the repetition of similar acts.

JSMP has observed that in cases of domestic violence where the courts have applied a fine, the courts have not adhered to the requirements set out in Article 38 of the Law Against Domestic Violence. In the current context Timor-Leste does not yet have the conditions to direct defendants “to undergo treatment or follow-up support services for the victim”.

JSMP believes that to date the courts have failed to identify these conditions before deciding to apply a fine against defendants in cases of domestic violence. Therefore the fines that have been imposed by the courts against defendants in cases of domestic violence have not implemented Article 38 of the Law Against Domestic Violence because they have not adhered to the requirements set out in the law.

The Law Against Domestic Violence emphasises the importance of providing protection and security to victims and the relevant circumstances for prevention. Therefore, the courts also need to thoroughly assess the psychological and social circumstances of victims before making a decision and applying the relevant penalty to ensure that the penalty/sentence reflects the needs of the victim.

The victim needs to feel comfortable and safe to continue living together with the defendant/convicted person and the defendant (the convicted person) must promise to the court not to repeat his actions and the defendant needs to fulfill this promise. If the court considers that a fine is the best option, the court needs to comply with the conditions set out in Article 38 of the Law Against Domestic Violence.

JSMP has outlined its concern in its report entitled 'The Application of Alternative Sentences in cases of domestic violence at the Oecusse District Court-2015[1]' acknowledging that the trial process and sentencing can have different objectives. These include: to ensure the safety of victims; to punish perpetrators; to deter perpetrators from committing similar acts in the future; to deter the community in general from criminal acts; and facilitate rehabilitation and reintegration of perpetrators in the community.

These sentencing principles need to act as guidelines for the courts when they make decisions, and need to be clearly explained to the defendant and the victim. In addition, the Penal Code sets out specific prerequisites for courts when imposing a range of sentences. In particular, when a court decides to substitute a prison sentence with a suspension or fine in a case involving domestic violence, it is important to examine the sentencing principles, specific prerequisites in the Law Against Domestic Violence and the unique circumstances of each case.

[1]http://jsmp.tl/wp-content/uploads/2012/05/FINAL_JSMP_Sentensa-alternativa_TDO_Nov-20151.pdf

01 December 2017

Speech by President Lu-Olo on the Celebration of the 42nd Anniversary of the Proclamation of Independence

Suai, 28 November 2017

Excellencies,

Mr Aniceto Guterres, President of the National Parliament
Dr. Deolindo dos Santos, President of the Court of Appeal
Mr Prime Minister, Dr Mari Alkatiri, living pioneer of our Republic
Members of all bodies of sovereignty Most Reverend Bishops of Timor-Leste Representatives of all religious denominations present
Members of the Diplomatic and Consular Corps Distinguished guests
Beloved people of Timor-Leste

On this joyous occasion, when we  as a free and sovereign people  proudly celebrate the 42nd anniversary of the Proclamation of Independence, I first salute all sons and daughters of Timor-Leste, from Oecusse to the eastern end, from the southern coast to the northern coast and Ataúro. I salute also all our brothers and sisters who live, work, and study in faraway lands.

Independence is an achievement of which al of us, as citizens of this country, are proud and my thoughts are with all brothers and sisters  throughout the country and around the world.

I bow my head in memory of the heroes and martyrs of 1975 and those who sacrificed themselves, gave their lives and suffered during the 24 years of the struggle. I bow my head in memory of the beloved Nicolau Lobato, Francisco Xavier do Amaral, Nino Konis Santana, and the entire leadership of the struggle. I salute the greatness of character of all leaders of 1975, including my dear brothers Mari Alkatiri and José Ramos-Horta, who God willed to remain by our side, helping us guide and drive the country forward.

30 November 2017

Official Opening of WAP Art Gallery (Women Art Power) in The Asia Foundation

WAP (Women Art Power) Art Gallery, with its first Exhibition “MEMORIES”, on Thursday 30 November 2017, in The Asia Foundation

3 pm - Discussion Series at the Asia Foundation Conference Room
- H. E. Lurdes Bessa, the Vice-Minister for Education and Culture about the subject: Art, Culture and education.
- Introduction to the new Magazine PAW “Power Art Women”
- Discussion on the establishment of a Women Artists Association “AMA”

5:30 pm - Official Opening Reception of the Art gallery with the Exhibition "MEMORIES"
Speech and Ribbon Cutting Ceremony by H.E. José Ramos-Horta, Peace Nobel Prize Laureate

Woman’s Art Power - WAP is the new cultural program from KONSOLIDARTE.

This new artistic initiative, carried out by feminine elements only from different performative arts, aims to consolidate a passage through the past. Aware of the insurmountability of the space-time gap. Nine artists seek a reunion with memory. The project of rescuing the memory is a work of recreating a subjectivity, re-arrange residues of past experiences that are thus repositioned in the present. Memory is a process writing that inscribes the subject in the order of existence. A mnemonic language does not print what it captures. She thinks, composes and reproduces a record that is, forever, in becoming. More than an archive of recognition, a memory produces a mirage, an illusion of a possible truth. Memory traces should be provided as part of a cultural production. Attached to a chain of meanings, a memory doesn’t ensure the adaptation to reality, but a reproduction of a social pattern. It is an act of continuous and endless creation. What is truly important to the subject are the more intense memories. A memory preserves in itself and for itself, in a writing whose characters are indecipherable.

Nourished by a vital energy, the recording of traces from past experiences is instituted as a desiring project. In an incessant search for fulfillment, the energy of memory trails the paths of a forever insatiable desire. Faced with the impossibility of an encounter with the past, rests the desire of a potential reconciliation with history, memory and with its own life.
Maria José Barbosa, UNTL Teacher

29 November 2017

Nearly 140 arrested for martial arts and weapons law violations

East Timor Police and community members in Dili.
GLOBAL IMAGES
!WARNING! MACHINE TRANSLATION ORIGINAL PORTUGUESE TEXT LUSA NOVEMBER 10, 2017 07:35 - Nearly 140 young East Timorese are now being heard in Dili District Court after being detained in an operation of the National Police of Timor-Leste (PNTL) against illegal martial arts groups, the police commander told Lusa.

"150 youths, some of whom were minors, have been detained and have since been sent home. 139 of the young people, all over the age of 17, are being presented to the Court," Julio Hornay told Lusa.

"It is alleged elements of ritual and martial arts groups, including group 77, who participated in illegal actions, including oath and training, and were detained in the Taibessi neighborhood of Dili," he explained.

At issue, said Julio Hornay, is the violation of law 5/2017 approved in April by the National Parliament on "the practice of martial arts, rituals, white arms and ambon branch."

The ammunition - arms used at various points in the Indonesian archipelago, including Ambon - are a kind of slingshot with small arrows, blades or arrows, which are used sporadically in some districts of Dili, already causing several wounded and at least one dead.

An internal alert issued by the United Nations mission in Dili in June last year said that ambon rams are used to launch arrows at passersby by young "initiates" in rival martial arts groups.

In this warning the United Nations recommends that additional precautions be taken in some areas of the capital.

Its use was so prevalent last year that the Guido Valadares National Hospital in Dili has at least two rooms several arrows taken from patients who entered the unit, some with serious injuries.

The law passed this year notes that "the practice of martial arts aimed at promoting physical activities and vehicles for the transmission of cultural and ethical values ​​has undeniable social and cultural importance in any society, especially in the young."

However, according to the preamble, "when deviant from the ends that are natural to it, the practice of martial arts can threaten social peace and individual and collective security" and "certain techniques used in the practice and teaching of martial arts pose dangers to health and physical integrity for its practitioners and practitioners. "

The text also states that "in addition to diverting the martial arts from its ends, some segments of society have introduced the use of weapons in the practice of martial arts, of which the ambon dart stands out."

It should be noted that clashes between rival groups of martial arts have caused specific problems in East Timor, being responsible for several deaths and injuries and for the destruction of property.

The authorities note that the actions of these groups represent the greatest security threat in the capital and other areas of the country.

Timorese President guarantees implementation of the constitution in defence of the State's interests

East Timor President Lu-Olo
!WARNING! MACHIINE TRANSLATION ORIGINAL PORTUGUESE TEXT 28 DE NOVEMBRO DE 2017 10:24 Lusa - The President of the Timorese Republic today assured that he will apply the constitution always in defence of the national interest and not the interests of the Government or the opposition, calling for avoiding "useless struggles" that are disadvantageous for the people.

"If the motion is approved - most likely - the government will fall and Lu-Olo will have to choose between a new government solution in the current parliamentary scenario or early elections."

"In recent weeks, many people have invoked the Constitution, especially in political declarations, Dili newspapers and Facebook, to serve their convenience or private interests and partisans," said Francisco Guterres Lu-Olo in Suai in the south of Timor-Leste.

"I understand these attempts, but the President of the Republic can not do the same. When I took office as Head of State, I undertook to fulfill and enforce the Constitution and - to comply with the Constitution - I have to interpret its articles in the service of national interest, not in the interest of any party, neither the government nor the opposition, "he said.

Francisco Guterres Lu-Olo was speaking in Suai, 171 kilometers southwest of Dili, where the official commemorations of the 42nd anniversary of the proclamation of independence of Timor-Leste, a "victory for all citizens of the country", took place today.

The ceremonies took place at a time of great political tension in East Timor after the opposition majority in parliament rejected the government's program for the first time and filed a motion of censure that should be debated in early December.

If the motion is approved - most likely - the government will fall and Lu-Olo will have to choose between a new government solution in the current parliamentary scenario or early elections.

"It is important that everyone, without exception, be restrained and respected when we invoke the Constitution, to protect and defend it, as it guides the State and the people towards this collective destiny of the Motherland," Lu-Olo said.

"The Constitution, as the fundamental law that unites us, should not be lightly invoked, according to the particular convenience of the parties, nor should it ever be used as an instrument of division," he said.

Lu-Olo said in a speech full of historical references and the country's historic leaders, who fought for independence and against Indonesian occupation, inside and outside Timor-Leste, that the Timorese now enjoy the fruits of freedom.

"The brothers and sisters who dared to rise and raise the dignity of the Timorese in 1975 gave voice to the hope of the small and suffering people of this beloved land. We must honor the people's hope - and the citizens' will to make a better future , a better life - in a better country, "he said.

"The State must act with greater balance and with greater justice, I appeal to all, so that we do not disappoint hope, nor squander the opportunity of the people, with useless struggles that do not bring advantage to the people. with principles and values, "he said.

Lu-Olo paid tribute to those who fought inside and outside Timor-Leste to achieve independence, proclaimed in 1975 and restored in May. 2002.


"I bow to the memory of the heroes and martyrs of 1975 and of all those who sacrificed themselves, gave their lives or suffered in the 24 years of the struggle. I bow to the memory of the long-lost Nicolau Lobato, Francisco Xavier do Amaral, Nino Konis Santana and the whole direction of the fight, "he said.

"I welcome the greatness of character and steadfastness of all the leaders of 1975, including my dear brothers Mari Alkatiri and José Ramos-Horta, that God wanted them to remain by our side, helping to guide us and lead the country to front, "he said, recalling their role on the external front," complying with instructions "by Nicolau Lobato and later by Xanana Gusmão.

"I greet from the bottom of my heart my brother Kay Rala Xanana Gusmão, who succeeded Nicolau Lobato very brightly. I also greet Ma'Huno Bulerek Karataiano and Nino Konis Santana.And my brother Taur Matan Ruak, who succeeded him in the Command of the FALINTIL "said the head of state.

Timorese changemakers look to the past to build a peaceful future

Dili, Timor-Leste – At times of uncertainty it is everyone’s responsibility to create peace. This year more than 200 Timorese young people are joining together to spread peace through a two-day youth leadership conference, PeaceJam.  The theme of this year’s conference is looking at the past to build a peaceful future.

On the 29th and 30th of November the 4th PeaceJam event in Timor-Leste will take place at the National Chega Center. This year PeaceJam, the organization famous for the #billionactsofpeace campaign, is working together with the Rotaract Club of Dili, NGO Ba Futuru, the National Chega Center, and the Secretary of State for Youth and Work to make this happen. The main event sponsor, Brian Kelly, is the founder and CEO of The Points Guy (TPG), a digital platform renowned worldwide for all points, miles and travel related tips. Kelly brought a film crew to Timor-Leste (although he himself didn’t make it due to the volcanic ash in Bali) in order to help promote Timor-Leste as a tourism destination.

Media are invited to join the event:

Where: The National Chega Center
What: PeaceJam Timor-Leste 2017
When: 29 & 30 November, 2017

PeaceJam is an international peace education non-profit that has been nominated 9 times for the Nobel Peace Prize for its award-winning curriculum and transformational youth leadership conferences. For 20 years, PeaceJam has inspired youth leaders worldwide in 39 countries to greatly impact their communities through social action projects. After identifying an issue, the young people create service projects and receive mentoring from a Nobel Peace Prize winner.

PeaceJam’s Billion Acts Campaign is led by 14 Nobel Peace Laureates, including José Ramos-Horta, The Dalai Lama, Desmond Tutu and other Nobel Peace Prize winners who have worked with the PeaceJam to mentor over 1.2 million youth worldwide.

The Timor-Leste conference this year has dynamic speakers including Jose Neves (Deputy Minister of Education and Culture and former political prisoner), Nivio Magalhaes (Secretary of State for Youth and Labor), Nurima Alkatiri (Member of Parliament, Fretilin), Fidelis Magalhaes (Member of Parliament, PLP) and Naldo Rei (activist, author and former political prisoner).

This year the conference includes action projects and workshops with the support of Peace Corps Timor-Leste, Dili International School, Water Aid, Marie Stopes, UNDP’s Knua Juventude Fila Liman entrepreneurship program, as well as Cesar Trinito Freitas Gaio of Dilicious; Cristina Costa Ribeiro, founder of the Heritage International School; Sierra James, founder of NGO Ba Futuru; and environmental activist Jafet Potenzo Lopes, among others! Join us and see what it is all about!

28 November 2017

The Dili Insider: Prabowo - a Smiling Killer

The Dili Insider: Prabowo - a Smiling Killer

Sumáriu Kazu Tribunál Distritál Suai Periódu Outubru 2017

JUDICIAL SYSTEM MONITORING PROGRAMME
PROGRAMA MONITORIZASAUN SISTEMA JUDISIÁRIU

Sumáriu Kazu Tribunál Distritál Suai Periódu Outubru 2017[1]

 Afirmasaun: Sumáriu Kazu tuirmai ne’e deskreve faktu sira no prosesu iha Tribunál tuir JSMP nia monitorizasaun independente, no deklarasaun ne’ebé parte sira fó iha Tribunál nia laran. Informasaun ne’e la reprezenta JSMP nia hanoin hanesan instituisaun ida.

JSMP kondena maka’as forma violénsia hotu-hotu, liuliu hasoru feto no ema vulneravel. JSMP afirma laiha justifikasaun ba violénsia hasoru feto.

A. Sumáriu prosesu julgamentu kazu iha Tribunál Distritál Suai

Totál kazu ne’ebé JSMP monitoriza :12

____________
[1] Sumáriu Kazu edisaun fulan-Outubru 2017 ne’e prodús ho númeru limitadu tanba autor judisiáriu (juiz no prokuradór sira) nomós defensores públiku sira partisipa iha formasaun no konferénsia oioin iha Suai no Dili, nune’e prosesu julgamentu barak mak adia.

B. Deskripsaun sumáriu ba desizaun kazu sira

1.    Krime burla simples
Nú. Prosesu                            : 0103/16.PDSUA
Kompozisaun Tribunál         : Singulár
Juis                                         : Dr. Benjamin Barros
Prokuradór                             : Dr. Matias Soares
Defeza                                    : Dr. Francisco Quintão Martins
Tipu pena                               : Absolve

Iha 02 Outubru 2017, Tribunál Distritál Suai prezide julgamentu leitura sentesa ba krime burla simples ne’ebé envolve arguidu JC hasoru FdJ (lezadu), iha Distritu Ainaro.

Akuzasaun Prokuradór

27 November 2017

UNCAT Raises Serious Crimes, Torture, Sexual Violence and Child Abductions during Indonesian Occupation

Questions raised during UN Committee Against Torture's Consideration of East Timor's report to the Committee on Serious Crimes, Torture, Sexual Violence and Child Abductions during illegal occupation of East Timor by Indonesia. Responses from Delegation follow.

According to Timor-Leste’s Commission for Reception, Truth and Reconciliation, about 18,600 people had been killed or disappeared between the period of April 1974 and October 1999. The Commission had documented more than 11,000 allegations of torture and more than 1,000 allegations of sexual violence, including rape and sexual slavery, whereas as many as 4,500 children might have been abducted and taken to Indonesia.

Ms. Gaer , Committee Expert and Country Co-Rapporteur for Timor-Leste, voiced concern about the failure of the Government to adopt a national reparations programme or to create a public memory institute. The Government should establish a database and collect disaggregated data on disappearances and disseminate the report of the Commission for Reception, Truth and Reconciliation.

The Government should also spare no effort to secure the extradition of at least some of the most important alleged perpetrators from Indonesia and engage in discussion with the Government of Indonesia to reach an extradition agreement. There was also concern that the Government of Timor-Leste had not made sufficient efforts to strengthen the capacities of the judiciary to prosecute serious crimes. [emphasis added]

UN Committee Against Torture - Failure to investigate allegations of torture and recorded assaults by East Timor National Police

ETLJB 27 November 2017 United Nations Committee Against Torture Member, Felice Gaer, who is the Committee Expert and Country Co-Rapporteur for Timor-Leste, made some very critical observations of East Timor at the Committee's hearing of East Timor's report, in relation to allegations of torture and ill-treatment, assaults by police and many additional complaints of problematical behaviour by the East Timor National Police.

"Turning to recent allegations of torture and ill-treatment, Ms. Gaer drew attention to dozens of reports of individuals in the Lalulai village in Bacau district suspected of supporting the rebel KRM group who had been arbitrarily arrested and tortured by the police to compel them to divulge information about the whereabouts of members of the group in 2014 and 2015.

Ms. Gaer pointed out to the September 2017 case in Oecussi Special Administrative Region in which the police had publicly beaten, kicked and whipped a group of young men for suspected involvement in an illegal Martial Arts Group, which had been captured on video.

Non-governmental organisations alleged that they had received many additional complaints of that kind involving the police.

It seemed that very few, if any, of those alleged assaults had led to penalties being imposed.

It appeared that the State party’s position was that the police and military were capable of addressing allegations of torture and ill-treatment on their own and that the involvement of prosecutorial authorities was not really necessary.

That position was not consistent with Timor-Leste’s obligations under the Convention.

What was the number of complaints of maltreatment received since 2014, and the number of investigations into alleged torture and ill-treatment that had been carried out since 2014?

Had the State party carried out measures to ensure that impartial investigations were carried out into allegations of torture and ill-treatment?

Had the Police Forensic and Criminal Investigations Unit carried out any investigations into torture and ill-treatment? What was the size of the unit and how powerful was it? Did it have the power to carry out investigations on its own initiative?"

Here is the response from the East Timorese delegation to the Committee's hearing, which, do not appear to have answered the questions from the Committee member sufficiently.

"Turning to questions about police brutality and excessive use of force, the delegation clarified that investigations had been carried out in the Atauro, Oecusse and Maliana cases. Punishments could be prison sentences or disciplinary measures. Police officers wore distinctive uniforms and insignia, in accordance with relevant laws, except intelligence officers. Law enforcement officers received training in human rights. Recently, the Police Criminal Investigation Service had received training from the Chinese National Police on forensics, gender-based violence and domestic violence, as well as investigation, community policing and leadership training from the New Zealand and Australian police. The police had established an incident management system, which recorded any complaints from the community. In addition, the police liaison officer to the prosecutor had been established and extended to regional courts.

With respect to the security operation in the Lalulai village in Bacau district, the operation had turned violent because the leader of the KRM group had not cooperated. Several members of the police force had been shot and injured by the KMR group."

Seven disciplinary penalties were applied to police officers, including suspension, compulsory retirement and dismissal, the delegation explained. In the Oecusse case, the member of the police force had been transferred to another station."

See further on ETJLB
Statement to Committee against Torture reflects serious misunderstanding of State obligations under Convention

Statement to Committee against Torture reflects serious misunderstanding of State obligations under Convention

On 23 November 2017, the Committee against Torture completed its consideration of the initial report of Timor-Leste on its implementation of the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

 "Since the ratification of the Convention, the Public Prosecutor had not registered any cases of torture." Sebastiao Dias Ximenes, Vice-Minister of Justice of Timor-Leste

The following extracts of the report are worth noting.

The Vice-Minister of Justice of Timor-Leste, Sebastiao Dias Ximenes, reported that the Government had adopted a range of legal instruments to contribute to the significant improvement of the protection of people’s rights, namely effective measures to prevent acts of torture and ill-treatment.

Timor-Leste’s laws guaranteed that everyone received access to legal aid and a lawyer, to communicating or having contact with their family, and to the provision of medical services. They also prohibited the extradition and return of a person to a country where there was a risk of danger or torture.

26 November 2017

Portuguese convicts who fled Timor-Leste arrived in Lisbon!

Image: Observador
!WARNING! MACHINE TRANSLATION ORIGINAL PORTUGUESE TEXT Observador 11/25/2017, 12:14 PM The Portuguese Tiago and Fong Fong Guerra, who fled to Australia after being convicted of embezzlement in East Timor, arrived this morning in Lisbon, where they were received by a dozen relatives, but they refused to speak to journalists.

Claiming he had no problem speaking to the media, Tiago Guerra said he would not do so at the airport.

The couple's escape marred diplomatic tension between Portugal and Timor-Leste, with the subject raising criticism from political leaders and civil society, with articles demanding investigations from the Portuguese embassy in Dili.

Last week, the Portuguese Foreign Minister, Augusto Santos Silva, assured that the embassy in Díli respected the Portuguese legislation when assigning passports to the couple.

Following the flight to Australia, Augusto Santos Silva ordered an urgent inquiry into the Diplomatic and Consular General Inspection, the conclusion of which was delivered on Thursday.

The Guerra couple renewed their citizen cards earlier this year, and more recently Portuguese passports were issued, prompting criticism in the Timorese press.

Tiago and Fong Fong Guerra were convicted in August by a panel of judges of the Dili District Court to eight years in prison and compensation of $ 859,000 for embezzlement (fraudulent use of public money).

The Portuguese appealed the sentence, considering that it suffered from "insanitary nullities" more common in "undemocratic regimes", based on manipulated evidence and even prohibited.

An "international extradition request to Portugal with provisional detention" was sent to the Portuguese Attorney General, Joana Marques Vidal, with knowledge of the Minister of Justice, Francisca Van-Dúnem, and the Minister of Foreign Affairs, Augusto Santos Silva , according to a letter from the lawyer of the couple to whom Lusa had access.

Portuguese citizens are entitled to identification documents as Portuguese citizens, regardless of their legal situation, provided they do not violate certain legal provisions. In this case, there was no such violation, according to our inquiry, the applicable Portuguese legislation was complied with and, therefore, the passports were assigned, in compliance with the law, "said Santos Silva.

The Guerra Case - Contempt of the East Timorese Judiciary from as far as Europe
Government ensures compliance with the law in the case of Portuguese convicts in TimorTheir conviction

25 November 2017

Delayed motion of censure of the Timorese Government

The National Parliament of East Timor Chamber to discuss government censure motion. 2017
LUSA
!WARNING! MACHINE TRANSLATION ORIGINAL PORTUGUESE TEXT NOTICIAS AU MINUTO 09:40 - 11/21/17 BY LUSA PARLIAMENT Leaders of the five parliamentary seats in the East Timorese parliament have postponed a decision on the timing of the debate on the motion of censure that the opposition majority announced on Monday against the government.

"In an unprecedented decision in Timor-Leste, the opposition approved a motion to reject the government's program on October 19 and opted to move ahead with the censure motion - whose approval implies a downfall of the government ..."

The parliamentary committee explained to Lusa that the leaders deliberated today, during a meeting, to contact the Government to understand their willingness to go to the debate in the plenary of the censure motion.

Timorese majority opposition files censure motion against Government

Xanana Gusmao forges coalition to oppose Fretilin government.
Xanana
!WARNING! MACHINE TRANSLATION ORIGINAL PORTUGUESE TEXT DN 20 DE NOVEMBRO DE 2017 01:52 Lusa The Timorese opposition, majority in the parliament, today presented a motion of censure to the Government in opposition to the fact that the executive has not yet presented, for the second time, the program that was hit last October 19.

"The Government did not present a Government program for the second time and the MPs of the Parliamentary Majority Alliance (MPA), based on Article 111 of the Constitution of the Democratic Republic of Timor-Leste and Article 140 of the National Parliament's regiment, presents a motion of censure to the 7th constitutional government, "said Patrocinio dos Reis, deputy of the National Congress of East Timorese Reconstruction (CNRT), the second Timorese party.

24 November 2017

MEP Ana Gomes attacks East Timorese judiciary and interferes in Australian legal processes in Guerra case

MEP Ana Gomes
!WARNING MACHINE TRANSLATION ORIGINAL PORTUGUESE TEXT Thursday, November 16, 2017 Ana Gomes asks Australia not to extradite Portuguese couple to Timor-Leste

Tiago and Fong Fong Guerra are detained in Darwin after they fled Timor-Leste, where they were sentenced to eight years in prison.

MEP Ana Gomes wrote to the Australian authorities objecting to the extradition to Timor of the Portuguese couple who fled to Australia after being sentenced by the Timorese court for the crime they are accused of being unfounded.

"Having [Monday] learned that they were being detained in Australia and that, possibly, an arrest warrant and possibly a request for extradition by Timor, and having read the Australian laws on of extradition, I saw that objections to extradition could be raised, "Ana Gomes told Lusa.

Permanent Court of Arbitration Press Release on Conciliation Australia-East Timor on maritime boundary

Report on Conciliation between Australia and East Timor on the maritime boundary.
PRESS RELEASE CONCILIATION BETWEEN THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE AND THE COMMONWEALTH OF AUSTRALIA THE HAGUE, 23 NOVEMBER 2017

Timor-Leste and Australia continue engagement with Greater Sunrise Joint Venture and progress towards signature of maritime boundary treaty

The Conciliation Commission held meetings during the last week in Singapore with the Democratic Republic of Timor-Leste (“Timor-Leste”) and the Commonwealth of Australia (“Australia”), as well as with the Greater Sunrise Joint Venture, in order to review progress on the pathway to the development of the Greater Sunrise gas fields.

This meeting was convened further to the Comprehensive Package Agreement reached between the Parties on 30 August 2017 regarding maritime boundaries in the Timor Sea, which includes an “Action Plan” for engagement regarding the development of the resource. As part of this Action Plan, the governments of Timor-Leste and Australia and the Greater Sunrise Joint Venture have engaged in intensive meetings and discussions since September of this year, culminating in two trilateral meetings held this month in Brisbane and Singapore. During these meetings, the governments and Joint Venture have sought to elaborate and reach agreement on a development concept for the Greater Sunrise gas fields.

The Commission and the two governments also discussed the coordination of the public disclosure of the text of the draft treaty on maritime boundaries, finalized in The Hague last month. The two governments have now commenced engagement with private stakeholders in the Timor Sea regarding the effect of the treaty on private interests, as well the transitional arrangements envisaged by the two governments.

Government may fall four months after elections

East Timor Prime Minister, Mari Alkatiri
!WARNING! MACHINE TRANSLATION ORIGINAL PORTUGUESE TEXT LUSA November 20, 2017, 12:00 - The possible adoption of the motion of censure by the opposition, which is in the majority in Parliament, necessarily implies the fall of the executive, according to the Constitution and the regimen in force.

The Timorese opposition, majority in parliament, on Monday presented a motion of censure to the government in opposition to the fact that the executive has not yet presented, for the second time, the program that was hit last October 19.

"The Government did not present the Government's program for the second time and MPs from the Parliamentary Majority Alliance (MPA), based on Article 111 of the Constitution of the Democratic Republic of Timor-Leste and Article 140 of the National Parliament's regiment , presented a motion of censure to the 7th constitutional government, "said Patrocinio dos Reis, deputy of the National Congress of East Timorese Reconstruction (CNRT), the second Timorese party.

In a political statement on behalf of the three opposition parties - CNRT, People's Liberation Party (PLP) and Kmanek Haburas National Unity Timor Oan (KHUNTO) - AMP contests the fact that the executive has submitted to Parliament a proposal for an amending budget without first having presented the Government's program for the second time.

23 November 2017

JSMP - Materials on Rights of the Child and Access to Justice Provided to Usitasase Village, Oecusse

East Timor Judicial System Monitoring Program Logo
JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIÁRIU Press Release Oecusse Municipality 21 November 2017

The community in Usitasase Village, Oecusse Municipality express gratitude to JSMP: Materials on Rights of the Child and Access to Justice are very useful for them

The community in Usitasase Village, Oesilio Administrative Post, Oecusse Municipality expressed gratitude to JSMP and stated that materials on the rights of the child and access to justice are important and useful for them. Members of the community expressed their thoughts when participating in training on the rights of the child and access to the formal justice system which was facilitated by JSMP on 17 November 2017.

This training was attended by 30 people include members of the village administration and the community, comprising 12 women and 18 men. Participants came from Buqui, Sifin and Pune Sub-Villages.

This training followed on from training in other municipalities aimed at raising the knowledge of community members in rural areas about issues related to rights of the child in the justice sector and issues relating to access to formal justice.

The materials presented and discussed during the training covered issues on children's rights and definitions of children's rights, types of crimes and violence against children according to the applicable law, and relevant State institutions that have an obligation to protect children, according to national and international law as well as the concept of crimes against children.

“This training is important and very useful for communities especially members of the village administration because it can increase their knowledge about the rights of the child, and access to the formal justice system,” said Luis de Oliveira Sampaio, Executive Director of JSMP.

In this training the participants conveyed problems they have encountered such as the abandonment of children and a range of different types of violence against children. In addition, participants also asked about cases of sexual abuse against minors that regularly occur in their village.

The Usitasae Village Chief, Mr. Thomas Colo, in the opening and closing sessions asked the participants to remember that as parents it is very important that they understand the materials relating to rights of the child. He added that as parents it is important for them to understand their obligation to care for and protect children from all violence, and avoid being the perpetrators of violence against children.

This activity was made possible with the financial support of the Canadian Embassy in Jakarta, Indonesia.

21 November 2017

The Guerra Case - Contempt of the East Timorese Judiciary from as far as Europe

ETLJB 20 November 2017 Two Portuguese nationals, Tiago and Fong Fong Guerra, were convicted by a court in Dili of criminal offences under East Timorese law.

They apparently committed further offences when they unlawfully absconded from the jurisdiction last week and fled across the Timor Sea and are now in detention under Australian law.

Now, they will face the consequences of breaking Australian law as well. There is no extradition treaty between Australia and East Timor so it will be a problematical process for the East Timorese authorities to regain custody of these two outlaws and ensure that they face the judicial processes to the end in East Timor.

Aside from those legal problems, there has been a chorus of criticism and disrespect for the decision of the East Timorese court from the convicts themselves, Portuguese citizens, no less than former President Jose Ramos Horta himself, and now, representatives from the European Parliament.

19 November 2017

The fate of Indonesia's hero's graves in Timor Leste

!WARNING MACHINE TRANSLATION ORIGINAL INDONESIAN TEXT Friday, November 10, 2017 15:21 Reporter: Peter Ananias Merdeka.com - The aggression of development along with the existence of an abandoned tomb in East Timor, has made East Timor Province residents worried about the existence of their dead relatives after the referendum in 1999.

On Monday 25 September 2017, thousands of East Timor's former residents staged a rally in front of the East Nusa Tenggara governor's office.

There are eight demands voiced to the Indonesian government, to be followed up. One of them is, the removal of the bodies of the heroes who died and was buried in the Hero Cemetery in Timor Leste.

In Timor Leste, there are 12 Hero Cemetery Gardens owned by Indonesia spread over 12 districts. One of them is in Liquisa district, about 30 kilometers west of Dili.

Nine political parties form a coalition with an eye on future elections in Timor-Leste

18/11/2017 !WARNING! MACHINE TRANSLATION ORIGINAL PORTUGUESE TEXT NOTICIAS NOTISIAS BERITA NEWS EAST TIMOR LESTE Ponto Final The National Democratic Forum brings together nine political formations that together obtained more than 60,000 votes in the last legislative elections.

The announcement of the formation of the new coalition comes at a time when Timor-Leste is facing a political crisis after the opposition took down the government program led by Mari Alkatiri.

Nine smaller Timor-Leste parties that won more than 60,000 votes in the July 22 election formed yesterday in a bloc that wants to be a voice at the current political moment and that could stand for future elections.

The National Democratic Forum (NDF) brings together representatives of the Democratic Party of Development and Democratic Party (PUDD), Timorese Democratic Union (UDT), Front of Change (FM), Popular Unity Block (BUP), Partido Socialista de Timor Social Democratic Party (PSD), Republican Party (PR), National Development Party (PDN) and the Christian Democratic Party (PDC).

Government ensures compliance with the law in the case of Portuguese convicts in Timor

Tiago and Fong Fong War fled to Australia after
being convicted of embezzlement
!WARNING! MACHINE TRANSLATION ORIGINAL PORTUGUESE TEXT NUNO VEIGA/LUSA 17 DE NOVEMBRO DE 2017
20:22 

The Portuguese Foreign Ministry said on Friday that the embassy in Dili had complied with Portuguese law by granting passports to the couple Tiago and Fong Fong Guerra, who fled to Australia after being sentenced for embezzlement by the Timorese court.

Following the flight of two Portuguese nationals to Australia earlier this month, the Portuguese diplomat, Augusto Santos Silva, ordered an urgent inquiry into the Diplomatic and Consular General Inspection, the conclusion of which was delivered on Thursday.

"The inspection inquiry verifies that all legal requirements have been fulfilled by the Portuguese embassy. I have today transmitted the content of this report to my colleague, Timor-Leste's Foreign Minister, because I do not want any doubt to hang over a bilateral relationship as good as the relationship between Portugal and Timor-Leste, "the Portuguese minister told Lusa on the sidelines of a conference and inauguration on Portuguese forced labor victims in Nazi Germany at the Centro Cultural de Belém in Lisbon.

18 November 2017

First Amendment to Law 13/2016, of December 29, approving the State Budget for 2017

The following is La'o Hamutuk's unofficial translation from Portuguese of the Explanation that the Government submitted to Parliament when it presented the proposal:

VII CONSTITUTIONAL GOVERNMENT
Draft Law No.          2017    of

First Amendment to Law 13/2016, of December 29, approving the State Budget for 2017

Statement of reasons 

Introduction 
Pursuant to of Article 97.1(c) and Article 115.2(a) of the Constitution of the Democratic Republic of Timor-Leste, and article 34.1 of Law No. 13/2009 of 21 October on Budget and Financial Management, the Government proposes to the National Parliament this draft law making the First Amendment to the State Budget Law for 2017.

Basis for the need for amendment
For the new Government that emerged from the last elections, the presentation of an amendment of the Budget for 2017 is an unavoidable necessity. The law imposes the obligation to submit an amending budget in very specific situations.

1)   It is universally accepted that budgetary appropriations, as far as expenditure is concerned, are, as a general rule, ceilings not to be exceeded in budget implementation, and that, therefore, appropriations entered in the budget are insufficient and expenditure cannot be entered in the appropriations initially entered, it is imperative to obtain authorization from the legislative body.

17 November 2017

JSMP: Ezbosu Lei Protesaun ba Labarik

JUDICIAL SYSTEM MONITORING PROGRAMME
PROGRAMA MONITORIZASAUN SISTEMA JUDISIÁRIU
 Komunikadu Imprensa
16 Novembru 2017

Ezbosu Lei Protesaun ba Labarik

JSMP husu tenki iha konsultasaun signifikativa hodi hatan duni ba labarik sira-nia nesesidade espesiál iha Timor-Leste
JSMP konsidera labarik nia direitu tenki hetan konsiderasaun no tratamentu espesial husi estadu no garantidu iha lei. Tanba ne’e MSS nia Proposta Lei kona-ba Protesaun Labarik (Ezbosu Lei) ne’e anterior pozitivu tebes tanba propoin enkuadramentu legaìl kona-ba kuidadu no protesaun ba labarik sira.

Iha tinan 2016, Konsellu Ministru VI Governu Konstituisionál aprova Proposta Lei Protesaun Labarik no submete ba Komisaun A Parlamentu Nasionál iha mandatu Terseriu Lejislatura nia-rohan maibé Proposta ne’e lakonsege diskuti no aprova, nune’e proposta ne’e sai kaduka.

16 November 2017

No extradition treaty but Timor-Leste prepares arrest warrant for convicted Portuguese criminals who fled to Australia

!WARNING! MACHINE TRANSLATION ORIGINAL PORTUGUESE TEXT DIARO NACIONAL Notisias Noticias Berita News East Timor Leste 14 DE NOVEMBRO DE 2017 06:56 DN/Lusa Timor-Leste's attorney general, José Ximenes, told Lusa today that the Timorese authorities are preparing a warrant for the capture of the Portuguese couple Tiago and Fong Fong Guerra, who fled last week to Australia.

José Ximenes confirmed that a warrant was being prepared, but he declined to confirm whether it had been issued or not and whether it was a national or international warrant.

"I prefer not to comment further on the case at this time," he told Lusa in an interval of the monthly meeting of the Superior Council of the Public Prosecutor's Office (CSMP) where, confirmed judicial source, the matter was analyzed.

Jose Ximenes also declined to comment on the contents of a document prepared by a magistrate of the Attorney General's Office (PGR) obtained by Lusa, which accuses the Portuguese Embassy of having 'helped' the couple escape.

15 November 2017

"The Most Voted Party" - Reductio Ad Absurdum

ETLJB 14 November 2017 - The notion that a political party may form government even though it does not control the Legislature is controversial. Lately, in East Timor, it has become of central importance. This is because one interpretation of Article 106 of the Constitution asserts that, in the absence of a coalition that does control the Legislature by a majority of seats, the most voted party may form government even when it does not control the Legislature. This seems to be the context in which the Fretilin VII Constitutional government was installed by President Lu-Olo.

"O Primeiro-Ministro é indigitado pelo partido mais votado ou pela aliança de partidos com maioria parlamentar e nomeado pelo Presidente da República, ouvidos os partidos políticos representados no Parlamento Nacional." [Article 106(1) Constitution]

In particular, let us look briefly at the principle of reductio ab absurdum to guide us. The proposition is that the Constitution of the Democratic Republic of East Timor (aka Timor-Leste to the Lusophiles) permits the appointment of an Executive from a Legislature which it does not control. In the case of East Timor, the Government party, Fretilin (the Revolutionary Front for an Independent East Timor) holds in alliance with the Democratic Party only 30 seats in the 65-seat Parliament following elections earlier this year. This is said to be Constitutional and it is said to follow that the Executive has been appointed in accordance with Article 106. It calls itself the VII Constitutional Government. It has coopted the Catholic Church in its quest for legitimacy and the priests of delusion, superstition and irrationality have been subservient to the political will while advancing their own influence in secular affairs.

This is because Fretilin won the most votes and was therefore "the most voted party" and entitled to form the Executive. But look what has happened in practice because it was only the slightest of votes difference between Fretilin's vote and CNRT's (National Congress for Timorese Reconstruction). A stagnant Parliament, threats of the overthrow of the government, fears of civil unrest and violence terrifying the community once again, another election, disarray in the institutions of governance.

It clearly does not work when the majority opposition parties wish to block the Government's plans and legislative agenda which has already happened once with a high probability that it will be rejected a second time thus precipitating a political and constitutional crisis. That is where Article 106 has lead. Practically, it does not function viably and threatens the civil peace imposed by the rule of law and the Constitution. A government dependent on political good will rather than control of the legislature will not last long. It will be surprising if the Alkatiri government lasts beyond the end of this year.

To return to the logical analysis of the interpretation of Article 106 that has held the day so far and apply the reductio ad absurdum conceptual framework

To remind us, reductio ab adsurdum argument is a " mode of argumentation or a form of argument in which a proposition is disproven by following its implications logically to an absurd conclusion." The fallacy is in the argument that could be reduced to absurdity -- so in essence, reductio ad absurdum is a technique to expose the fallacy.

To demonstrate, let us take a possible scenario: The rule is that the most voted party forms government even when it does not control the Legislature. There are multiple parties that win seats in a Parliamentary election. The electorate is so incohesive that no party wins more than 50% of the vote. In fact, multiple parties win substantial blocks and the Parliament is divided between these multiple parties, none of whom has won a majority and all refuse coalition on insurmountable ideological grounds. But say that 5 parties won 20-odd per cent of the Parliamentary seats and that one party held a one seat lead over all the others. It could form government because it was the most voted party. However, it has won only 20.1%.

So, a nation could be ruled by a small minority government but it can not assure its program and legislative schedule to the people via the entire Parliament. That is absurd. The Constitution is either wrong in that it does violence to the concept of democracy or the interpretation is misconceived.

Not only is the idea that a people could be ruled by a small minority that does not democratically represent the people violate civilised polities' rules of governance, it does not make logical or practical sense. But it does open the door to tyranny.


Will East Timor recognise Australian gay marriages?

ETLJB 14 November 2017 - The Australian Same-Sex Marriage Prebiscite "Should the law be changed to allow same-sex couples to marry?” has resulted in the following result: Yes: 62%; No 28%.

The government is now bound to change the definition in the Marriage Act 1961 of marriage. 

Presently, marriage means the union of a man and a woman to the exclusion of all others, voluntarily entered into for life. 

One proposal is to amend the definition to the union of 2 people to the exclusion of all others, voluntarily entered into for life. 

Another clearly ludicrous draft provides:

(a) the union of a man and a woman to the exclusion of all others, voluntarily entered into for life; or

(b) the union of 2 people to the exclusion of all others, voluntarily entered into for life. Apart from the appalling drafting, this definition would be rejected by anyone schooled in the law as oxymoronic; two contradictory definitions sitting side by side.

In any event, it seems that gay marriage will soon be the law of the land in Australia. It will not matter what the genders of the parties are. 

What of close neighbour, East Timor, bent under the yoke of the delusion of catholicism and its antihuman doctrines which will never contemplate gay marriage in that jurisdiction. Australian visitors are probably the most frequent of foreign arrivals in East Timor after Indonesia and the Prime Minister has recently emphasised the importance of the tourist sector and its future development to encourage more visitors.

East Timor will have to deal with the issue of married same-sex couples and it should have prepared a policy on this matter so that the Australian government can inform citizens of how gay married couples will be treated by the East Timorese State.

The recent declarations by some East Timorese leadership about homosexuality and the treatment of gay citizens show some positive signs. The East Timorese gay community seems to be developing well and coming out of the political closet. The gay community in Australia is well-known for its economic strengths and outspokenness on matters of concern; particularly discrimination and less-favourable treatment. Were that to occur, that would impact negatively on prospective tourists from Australia.

See also on ETLJB: Does the Gay Marriage Vote Mean Anything for East Timor?








Confusion of Religious and Secular Institutions

Motael catholic church, Dili, East Timor
Motael Church, Dili
ETLJB 15 Nov 2017 - The separation of religion from the state is a fundamental secular democratic idea. Intermingling supernaturalism and the priests of delusion with State politics is dangerous; and a blatant attempt by the Fretilin President to garner support from the church for the democratically illegitimate regime he installed as the government of East Timor.

Whatever the arguments for the proposition that a political party may govern even where it does not control the Legislature, it is offensive to the doctrines of majority rule and will not endure; or will endure only so long as the majority opposition permits it to.

A disgraceful Press Release dated 10 November 2017, along with an expensive video of the meeting issued by the Presidential Palace posted on the President's Facebook page that reeked of propaganda, notes that the meeting with the 3 bishops of the roman catholic church in East Timor was convened by the President to, no less, than to hear the opinion of the bishops on the country's current political situation. The legitimacy-seeking headline of the press release is:

'BISHOPS OF TIMOR-LESTE PRAISE THE PRESIDENT OF THE REPUBLIC FOR HIS DECISION ON THE FORMATION OF THE 7TH CONSTITUTIONAL GOVERNMENT"

Why the President chose to meet only with the representative of the catholic religion and no others is a point that should not go unnoticed.

It then reiterates (and impliedly attaches blame to) that all political parties had expressed their will to contribute to peace and stability, and "all opposition parties in particular - CNRT, PLP and KHUNTO - promised to play the role of a constructive opposition."

"In the meeting, the three bishops praised the President of the Republic for his courage in decision-making and expressed confidence in his capacity to manage the situation according to his constitutional duties."

Two of the priests apparently "called on the President of the Republic to continue acting according to the Constitution and making decisions based on good judgement." Again we have a legitimacy-seeking intervention from the President with the thinly veiled implication that the church agrees with the constitutionality of the President's actions.

It might also be considered as an attempt to invoke divine approval of the government and the President. Utter nonsense.

Apart from appearing as self-serving mischievous propaganda for the Fretilin minority government effected by the President, religious delusions and supernatural elucidations of reality have no legitimate role in secular politics.

The bishops should have declined the invitation but how could they resist an opportunity to reinforce the church's political agenda in East Timor? WLW

http://www.easttimorlawandjusticebulletin.com/2017/11/timorese-catholic-leader-calls-for.html




13 November 2017

Portuguese Institute of International Relations and Security: Xanana should go plant pumpkins

!WARNING! MACHINE TRANSLATION ORIGINAL PORTUGUESE TEXT JOURNAL I  Noticias Notisias News Berita Timor-Leste East Timor -  "Xanana Gusmão said that he had always dreamed of "planting pumpkins and raising animals after independence" in East Timor. In the name of Timorese national interest, and regardless of circumstantial pressures, perhaps the time has come to fulfill his old and desired dream." PAULO GORJÃO, IPRIS 10/11/2017 12:04

It will be the second time that the CNRT, as the second most voted party, deprives FRETILIN, the party that won the legislative elections, of exercising executive power.

A political crisis unfolding in East Timor is unpredictable. The situation has dragged on since July's parliamentary elections, in which Mari Alkatiri's FRETILIN was the most voted party (23 members), but by the minimum margin, electing only one deputy more than the National Congress of East Timorese Reconstruction ( CNRT, 22 members) by José Alexandre "Xanana" Gusmão.

Timor-Leste, Australia and oil companies agree to share confidential information

East Timor Maritime Boundary Office Map of Timor Sea claimed by East Timor against Australia
Maritime Boundary Office
!WARNING! MACHINE TRANSLATION ORIGINAL PORTUGUESE TEXT LUSA - The Governments of Timor-Leste and Australia and representatives of oil companies with concession at the Greater Sunrise well Wednesday signed a confidential information sharing agreement for the project in the Timor Sea, sources close to the process said.

The agreement was signed on Wednesday after two days of meetings held in the Australian city of Brisbane and attended by delegations of the Governments of Australia and East Timor (in this case led by Xanana Gusmão) and the oil companies Woodside, ConocoPhillips, Royal Dutch Shell and Osaka Gas, they explained to Lusa. [emphasis added]

"This is an agreement that allows the two parties to have access to the data room that has all the confidential information of the joint venture on the Greater Sunrise well and that can be accessed so that the two parties can defend their options," the source explained.

12 November 2017

Possible early elections in Timor-Leste will give less indecision - PM Alkatiri

!WARNING! MACHINE TRANSLATION ORIGINAL PORTUGUESE TEXT Berita Noticias Notisias News East Timor By António Sampaio, envoy of the Lusa Agency.

Alkatiri insists that "there is no constitutional and legal basis, the AMP does not exist".

The East Timorese prime minister said today that any early elections in Timor-Leste, in the event of the possible downfall of the Government if the opposition cast for the second time the program of the executive, will have a clarifying result.

"Ultimately the people may have to be called again to decide, but I do not think there will be any indecision after that," Mari Alkatiri told Lusa in Perth.

"The people are aware that [in the July 22 legislative elections] they distributed their vote in the quest for stability and only created instability and therefore have to focus more their votes on the party they think is better for ruling the country," he said.

Stating that it is still possible to "find a solution within the context of the 7th Government," Alkatiri believes that all political leaders have to think "clearly" about what they are doing at the current political moment.

11 November 2017

Timorese Catholic leader calls for "common sense" for politicians and debates on substantive issues

The Catholic Church in East Timor. Dili Cathedral.
!WARNING! MACHINE TRANSLATION ORIGINAL PORTUGUESE TEXT  November 10, 2017, 19:35 Timorese Catholic leader calls for "common sense" for politicians and debates on substantive issues

"On the economic impact that the political tension is having in the country, the bishop said that for now there is no cause for concern in spite of "speculators" who begin to move the prices of some essential goods."

The president of the Timorese Episcopal Conference appealed today to the common sense of the leaders of the country and said he expects a political debate on the government's program that focuses more on substantive issues than "side issues."

"I would like there to be an opposition because we still lack a certain culture of understanding that the opposition has as much force and as much value as a Government." The stronger and better the opposition, the better the government practice, "said Basílio do Nascimento.

"What should guide the role of one and the other is the content of the programs and what really interests the life of the nation.The Government presents and the opposition agrees or disagrees but the discussions are on the heart of the issue, more than discussing side issues. Throughout this discussion it seemed to me that there were more discussions on side matters than on fundamental issues, "said the bishop who is also in charge of the diocese of Baucau.

Basílio do Nascimento, president of the East Timorese Episcopal Conference (CEP), spoke to journalists after leading a delegation of the three Timorese bishops who met with President Francisco Guterres Lu-Olo at the Presidential Palace in Dili.

La'o Hamutuk 14 November 2017 Public Meeting to Discuss Timor-Leste’s Public Debt Management and Loans Policy

La'o Hamutuk will hold a public meeting to discuss Timor-Leste’s public debt management and loans policy. The Government has signed several loan contracts with international agencies. However, Timor-Leste’s oil and gas revenues will soon run out, and the State does not yet have alternative sources of revenues to replace oil, so we would like to help people understand the Government’s policy for managing public debt.

Tuesday, 14 November 2017 08:45 – 12:00 
Meeting room, HAK Association, Farol, Dili

Speakers: Niall Almond, La'o Hamutuk researcher

Januario Gama, Director-General of State Finances, Ministry of Planning and Finance

The presentation and discussion will be primarily in Tetum, but non-Tetum-speakers are welcome to arrange translation.
===========
La’o Hamutuk nudár organizasaun naun-governmentál (ONG) lokál ida ne’ebé halo monitorizasaun, peskiza no analiza kona-ba prosesu no polítika dezenvolvimentu sira iha Timor-Leste dezde tinan 2000. La’o Hamutuk fiar katak povu tomak, feto no mane, mak tenke sai autór prinsipál iha prosesu dezenvolvimentu, ne’ebé tenke ekitável, sustentável, demokrátiku no transparente.

Liu dékada ida ona, La’o Hamutuk halo peskiza no analiza kona-ba Timor-Leste nia deve públiku no Governu nia polítika empréstimu, no Governu asina tiha ona kontratu empréstimu lubuk ida ho ajénsia internasionál sira. Tanba Timor-Leste nia reseitas husi mina no gas besik hotu ona, no Estadu seidauk iha fonte seluk ne’ebé bele substitui mina, La’o Hamutuk hanoin katak importante ba povu atu bele komprende kona-ba Governu nia polítika no planu atu jere deve públiku iha futuru.

Tanba ne’e, ami hakarak konvida ita boot mai enkontru públiku ida atu aprende hamutuk kona-ba rezultadu peskiza ne’ebé La’o Hamutuk halo kona-ba asuntu importante ida ne’e, no mós atu rona perspetiva Ministériu Finansas nian kona-ba jestaun deve públiku no polítika empréstimu.

Enkontru públiku ida ne’e sei realiza iha:
Data : Tersa-feira, 14 Novembru 2017
Oras : 08:45 – 12:00
Fatin : Salaun Enkontru, Asosiasaun-HAK, Farol, Dili
Oradór sira :Niall Almond, Peskizadór La’o Hamutuk
Januario Gama, Diretór-Jerál Finansas do Estadu
Ami espera ita boot bele mai partisipa iha eventu ne’e, atu nune’e ita hotu bele komprende di’ak liu tan kona-ba asuntu deve públiku no empréstimu ne’ebé sai hanesan kestaun importante ida iha ita nia rain.
***********************************************************
La'o Hamutuk
Rua D. Alberto Ricardo, Bebora, Dili, Timor-Leste
Telephone: +670-3321040 or +670-7723-4330
email: laohamutuk@gmail.com
http://www.laohamutuk.org blog: http://laohamutuk.blogspot.com/

Timor-Leste: World Bank Conducts Extensive Public Consultations

Oil Fund balance drops to US$15.8 billion with existing oil production depleted by 2022

Timor-Leste: World Bank Conducts Extensive Public Consultations

World Bank consultations with EastTimor Leste
The World Bank NEWS RELEASE 10 November 2017 Noticias Berita News East Timor Leste

Timor-Leste: World Bank Conducts Extensive Public Consultations
Systemic Country Diagnostic to review Development Opportunities, Constraints and Priorities
 
Dili, 11 November, 2017 – The World Bank Group has conducted a wide consultation process, welcoming views from civil society organizations, the academic community, the private sector, and citizens to finalize its Systematic Country Diagnostic (SCD) report on Timor-Leste.

The Timor-Leste SCD will outline key challenges and opportunities for poverty reduction and shared prosperity, and has been developed in consultation with more than 100 stakeholders, through a series of consultation sessions.

“The SCD draws upon all available information, including new and existing World Bank Group research, and views gained through consultation.’ said Macmillan Anyanwu, World Bank Country Representative for Timor-Leste. “We hope that the final report will be a useful planning tool for government and development partners as it will identify priority pathways for Timor-Leste’s development.”

The final report is expected to be released in December 2017 and those with an interest in Timor-Leste are encouraged to share their views online here.

The SCD report will be followed by the Country Partnership Framework (CPF), which will inform the World Bank Group’s partnership with the government of Timor-Leste and its program in the country for the next four years.

Since 2009, the World Bank has assisted the Government of Timor-Leste to rebuild national infrastructure, stabilize the economy and strengthen government institutions. In 2017 we’re working to help improve service delivery especially in health and education, build climate-resistant road infrastructure, support non-oil economic development, and improve the efficiency of government spending.

Contacts:
In Dili: Matt Wilkinson, +67 78440429, mwilkinson@worldbank.org 
For more information about the World Bank Group’s work in Timor-Leste, please visit: www.worldbank.org/tl


Matt Wilkinson | Timor-Leste Communications Consultant | The World Bank
T  +670 3324 649  |  M +670 7844 0429 | E mwilkinson@worldbank.org

10 November 2017

JSMP: High School Students provided with training on the Rights of the Child

JSMP Logo East Timor Judicial System Monitoring Program
JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIÁRIU Press Release  Covalima Municipality 30 October 2017

Students from the Nuu-tete Public School in Fohorem felt that training on the Rights of the Child and the Formal Justice System has provided them with useful guidelines

On 27 October 2017 JSMP provided training to students at the Nuu-tete Public Secondary School in Fohorem Sub-District, Suai-Covalima Municipality, on the rights of the child and access to formal justice.

This training was attended by 30 students in the third grade of Secondary School, comprising 17 female students and 13 male students.

“This training was part of a JSMP commitment to continue providing information to students in relation to access to formal justice, specifically the rights of the child,” said Luis de Oliveira Sampaio, Executive Director of JSMP.

CNRT National Conference Expected to Resume Gusmao's Leadership

!WARNING MACHINE TRANSLATION! ORIGINAL PORTUGUESE TEXT LUSA Noticias Berita Timor-Leste East Timor News CNRT, second Timorese party, meets Sunday national conference

The National Timorese Reconstruction Congress (CNRT), the second Timorese political force, meets on Sunday at a National Conference to, among other things, "repeal" two resolutions approved in August and approve the resumption of the full mandate of party president Xanana Gusmão.

Aaron Noah, the party's head of the party, told Lusa that these were the two issues on the agenda of the meeting, which is scheduled to last only one day and will be held at the CNRT's national headquarters in Dili, where a small poster is already welcoming the participants.

"The national conference is only for one day and is intended to repeal the two resolutions we adopted [at the national conference] in August on the position of the CNRT and still approve the resumption of the full mandate by the president," he explained.

Council of Ministers Meeting 08 November 2017

Council of Ministers meeting on November 8, 2017

Presidency of the Council of Ministers

Seventh Constitutional Government

Press Release

Meeting of the Council of Ministers of November 8, 2017

The Government met at the Government Palace, in Dili and approved the first amendment to Law no. 13/2016, of December 29, which approves the General State Budget for 2017.

Several factors guided the drafting this Budget by the Ministry of Planning and Finance. First, a new policy and the need to respond to the Seventh Constitutional Government organic structure. At the same time, the urgency of ensuring compliance with already assumed commitments, together with the intention to improve the formulation and implementation of public policies and strengthen the long-term development plan.

The executive's objective of expenditure containment was also a key part of the equation.

Thus, the total estimated revenue is $1,874,400,000 dollars (one billion, eight hundred and seventy-four million, four hundred thousand dollars).

The proposal will be presented to the National Parliament tomorrow, November 9.

The organic law of the Seventh Constitutional Government was also approved.

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