29 May 2018

Overcrowding in Prisons a Failure of Government Policy Not Rising Crime in East Timor

East Timor Law and Justice Bulletin Prison Overcrowding in Becora prison.
ETLJB 29 May 2018 - Overcrowding in prisons is a serious social problem that is created by and can only be ameliorated by government policy. Penal Reform International notes that overcrowding is a "consequence of criminal justice policy not of rising crime rates, and undermines the ability of prison systems to meet basic human needs, such as healthcare, food, and accommodation.

It also compromises the provision and effectiveness of rehabilitation programmes, educational and vocational training, and recreational activities.

Overcrowding, as well as related problems such as lack of privacy, can also cause or exacerbate mental health problems, and increase rates of violence, self-harm and suicide."[1]

JSMP congratulates the Alliance of Change for Progress (AMP) coalition for its victory in the 2018 Early Elections and JSMP's observations of the electoral process

East Timor Law & Justice Bulletin JSMP Press Release 28 May 2018
JSMP Press Release Dili, 28 May 2018

JSMP congratulates the Alliance of Change for Progress (AMP) coalition for its victory in the 2018 Early Elections and JSMP's observations of the electoral process

JSMP congratulates the Alliance of Change for Progress (AMP) multi-party coalition for winning the 2018 early parliamentary elections with an absolute majority, namely 34 seats (49.6%) from a total of 65 seats in parliament. This decision was formally announced today, 28 May 2018, by the Court of Appeal (Supreme Court of Justice).

JSMP also congratulates the people of Timor-Leste and especially all of the political parties that competed in the election for their ongoing contribution towards maintaining peace and stability. The election and the results of this election provided a unique and fair solution for ending the protracted political impasse that occurred after the parliamentary elections in 2017.

“The victory of AMP is a victory for the people of Timor-Leste, because the people of Timor-Leste have democratically and freely made a political decision that is fair and in accordance with rules and norms of democracy to ensure the regular functioning of State institutions for a period of five years”, said Luis de Oliveira Sampaio, Executive Director of JSMP.

28 May 2018

JSMP kongratula koligasaun partidu Aliansa Mudansa ba Progresu (AMP) ba vitória iha Eleisaun Jerál Antesipada 2018

East Timor Law & Justice Bulletin. Supporting the rule of law in Timor-Leste.
JSMP Komunikadu Imprensa Dili, 28 Maiu 2018

JSMP kongratula koligasaun partidu Aliansa Mudansa ba Progresu (AMP) ba vitória iha Eleisaun Jerál Antesipada 2018 no JSMP nia rezultadu observasaun ba prosesu eleisaun

JSMP kongratula koligasaun partidaria Aliansa Mudansa ba Progresu (AMP) ne’ebé manan eleisaun jerál parlamentár antesipada 2018 ho votu maioria absoluta ho asentu parlamentár 34 (49,6%) hosi totál 65 asentu parlamentár. Desizaun ne’e formalmente anúnsia/proklama hosi Tribunál Rekursu (Supremu Tribunál Justisa), ohin, 28 Maiu 2018.  


Timor-Leste Constitution Article 106: Lost in Translation

East Timor Law & Justice Bulletin Supporting the rule of law in Timor-Leste
There remains confusion about the exact text and meaning of Article 106 in many authoritative sources of the English translations which ought to be clarified at once by repetition of the best available translation of that Article. I have recently been taken to task for not understanding this Article but the commentator was using an incorrect translation.

The original Portuguese text of Article 106 is:

"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."

Google Translate translates this accurately as:

The Prime Minister is nominated by the most voted party or alliance of parties with parliamentary majority and appointed by the President of the Republic, after hearing the political parties represented in the National Parliament.

But many sources do not cite the correct English translation of the original Portuguese text including the English versions on the Government of East Timor's own web site as well as the East Timor Ministry of Justice. Constitute Project and Constitution.org use the same erroneous translation. Instead of the correct translation, this is the mistranslation of Article 106 that those sources use:

Section 106 (Appointment)

1. The Prime Minister shall be designated by the political party or alliance of political parties with parliamentary majority and shall be appointed by the President of the Republic, after consultation with the political parties sitting in the National Parliament.


The Error

This latter translation omits critical words of the original Portuguese text and mistranslates the Article completely.

Those critical words "the most voted party or alliance of parties with parliamentary majority". The relevant original Portuguese words in Article 106 are:

"partido mais votado ou pela aliança de partidos com maioria parlamentar"

It therefore becomes clear that there is a crucial misleading error in the commonly-referred to English translations of East Timor's Constitution.

The correct English translation of Article 106 of the Constitution of East Timor is:

The Prime Minister is nominated by the most voted party or alliance of parties with parliamentary majority and appointed by the President of the Republic, after hearing the political parties represented in the National Parliament.

JSMP: Sumáriu Kazu Tribunál Distritál Dili Periódu Marsu 2018

East Timor Law & Justice Bulletin JSMP Reports on Proceedings in the Dili District Court March 2018
Sumáriu Kazu Tribunál Distritál Dili Periódu Marsu 2018

Deskripsaun sumáriu ba desizaun kazu sira


1.    Krime abuzu seksuál ba menór

2018 Election: Fretilin falls, again; Xanana resurrects

ETLJB 28 May 2018 - The results of the East Timor 2018 National Election show the shifting power relationships between the political parties, the people and the Parliament.

Following the disastrous Fretilin minority government that assumed power after the 2017 election, the 2018 election resulted in the 65 seats in the Legislature being now comprised as follows:

AMP: Members of Parliament: 34 
Total Votes: 309,663
49.6 % of Vote







Fretilin: Members of Parliament: 23  
Total Votes: 213,324
34.2 % of Vote  







Democratic Party: Members of Parliament 5  
Total Votes: 50,370
8.1% of Vote








FDD: Members of Parliament 3 
Total Votes: 34,301
5.5% of Vote






Some Further Particulars of Note

24 May 2018

JSMP: Case Summary Oecusse District Court March 2018

East Timor Law & Justice Bulletin East Timor Court Reports
JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIÁRIU

Case Summary Oecusse District Court March 2018


A. Summary of the trial process at the Oecusse District Court

1.   Total cases monitored by JSMP: 23


Warren Leslie Wright Citations


as at 8 May 2018 NOTE: Most citations are from my articles on issues in East Timor. Most are in English but several are in Portuguese, Tetum or Indonesian.










Politics and poverty, East Timor’s first post-independence elections Fabio  Scarpello Citing press comments by me on the East Timorese elections
 https://www.academia.edu/8497344/Politics_and_poverty_East_Timor_s_first_post-independence_elections

Tanah Yang Dijanjikan
 https://vdocuments.mx/documents/tanah-yang-dijanjikan.htmlCiting: Wright, Warren (1999) Final Report on the Review of the Basic Agrarian Law 1960. Indonesia: Land Administration Projectwww.worldbank.org WRM (2004)

Partisipasaun komunidade ba implementasaun tara bandu: studu kazu kona ba mudansa sosio-kultural iha suco Bucoli, distritu Baucau, Timor- Leste citing Wright, Warren 2009, Tara Bandu: The Adat Concept of the Environment, A translation of an article by Rogerio Soares in Direito (2003),  Zacarias F. da Costa diakses tanggal 12 October2009.
http://www.tlstudies.org/pdfs/TLSA%20Conf%202013/Volume%201%20individual%20papers/vol1_paper1.pdf

Histories of Violence, States of Denial - Militias, Martial Arts and Masculinities in Timor Leste  Henri Myrttinen A thesis submitted in fulfillment of the requirements for the degree of Doctor of Philosophy in Conflict Resolution & Peace Studies University of Kwazulu-Natal Citing Wright, Warren, 2009. “Witchcraft and Murder in East Timor,” East Timor Law Journal (online), 6/2009, accessed at http://www.eastimorlawjournal.org/ARTICLES/2009/Witchcraft_and_Murder_in_East_Timor_Warren_L_Wright.html

Case Summary Baucau District Court March 2018

East Timor Court Reports

JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN SISTEMA JUDISIÁRIU

Case Summary Baucau District Court March 2018

A.    Summary of the trial process at the Baucau District Court

22 May 2018

JSMP Sumáriu Kazu Tribunál Distritál Suai Periódu Marsu 2018

JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN SISTEMA JUDISIÁRIU

Sumáriu Kazu Tribunál Distritál Suai Periódu Marsu 2018

A. Sumáriu Prosesu Julgamentu Kazu iha Tribunál Distritál Suai

Sumáriu Kazu Tribunál Distritál Baucau Edisaun Marsu 2018

JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN SISTEMA JUDISIÁRIU Sumáriu Kazu Tribunál Distritál Baucau Edisaun Marsu 2018

 Afirmasaun: Sumáriu Kazu tuir mai 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 la iha justifikasaun ba violénsia hasoru feto.


A.         Sumáriu prosesu julgamentu kazu iha Tribunál Distritál Baucau

1.           Totál kazu ne’ebé JSMP monitoriza: 30


East Timor 2018 Elections: Fretilin Falls, Xanana Rises

East Timor Law & Justice Bulletin Frtilin Xanana Elections 2018
Xanana Gusmao - Victorious 2018 Legislative Election
First published on LinkedIn 15 May 2018 It is worth noting that the Legislative election was conducted on Saturday, 12 May 2018 and that it will most likely result in the fall of the minority government headed by Fretilin with Mari Alkatiri bringing the nation to the edge of implosion and the installation of a coalition lead by Gusmao's CNRT.

Latest reports are that Xanana's coaltion has garnered just over 49.59% which should result in 34 seats in the 65 seat Parliament while Fretilin received only 34.18% after 99% count.

The election, the fall of the Fretilin government (again, as it did in the 2006 Crisis) and the resumption of majority rule under the leadership of Xanana Gusmao is the only possible way to resolve the political and constitutional crisis that again hit the country last year and into this year. This was caused by a ridiculous article in the constitution that the most voted party may form government even it if does not have a majority. This lead to the suspension of parliamentary democracy in East Timor and a complete disregard for fundamental democratic ideas. One scholar even queried whether President Lu Olo acted constitutionally throughout the whole disaster.

There were at the peak of the crisis last year, reports of population movement from the capital back to the Districts. Both the East Timor National Police and the East Timor Defence Forces threatened the population as tensions rose. The Catholic Church jumped into bed with the Alkatiri minority government as well and would have preached the appropriate political message at the mass on Sundays.

At least the election was relatively violence free although hidden dyadic relationships and kin and social organisation mean for unreported trouble in the districts. In as far as one can, congratulations are due to the people and the leaders who did not incite violence and "dance on the streets" as Alatiri warned Fretilin would do if he didn't get his way.

While the political processes appear to have organised into a democratic resolution of the potentially dangerous problem, the greater lesson to be learnt here is Article 106 of the Constitution of the Democratic Republic of East Timor that permits minority rule. It failed. It created the crisis. It is defective and needs to be reviewed.



Warren L. Wright BA LLB

Solicitor

10 May 2018

JSMP formalmente halo seremónia deskolasaun observadór sira ba munisípiu selesionadu sira atu halo observasaun ba Eleisaun Antesipada 2018


Logo JSMP Waren Leslie Wright
JUDICIAL SYSTEM MONITORING PROGRAMME PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIÁRIU Komunikadu Imprensa Dili, 9 Maiu 2018

JSMP formalmente halo seremónia deskolasaun observadór sira ba munisípiu selesionadu sira atu halo observasaun ba Eleisaun Antesipada 2018

JSMP iha 09 Maiu 2018, formalmente halo seremónia haruka nia observadór sira hodi ba munisípiu hodi halo observasaun ba Eleisaun Antesipada iha 12 Maiu 2018. Munisípiu sira ne’ebé JSMP sei halo observasaun mak Munisípiu Aileu, Dili, Ermera, Liquisa no Covalima.
Objetivu hosi observasaun ne’e mak atu asegura katak prosesu eleisaun tenke la’o ho transparénsia, imparsiál, kredível, justu no akontável, partikularmente kumpri rekezitu konstitusionál no legál sira. Eleisaun ba órgaun soberania sira tenke prinsípiu sufrájiu universál, livre, direta, sekretu, pesoál no periódiku ne’ebé konsagra iha Konstituisaun Artigu 65.1 kona-ba Eleisaun, nune’e mós lei eleitorál rasik.

07 May 2018

Volunteer or Donor Opportunity Proposed ETLJB Project East Timor Court Reports Database


BASIC OUTLINE OF JSMP EAST TIMOR COURT REPORTS PROJECT
DRAFT 17 MAY 2017 (C) wwright2018

JUSTIFICATION

One of the long-held objectives in our mission to raise consciousness of legal and politico-legal awareness of East Timor is the construction of a web site for all of the court reports filed by JSMP. The JSMP court monitoring reports are centrally importance as they are the only accessible source of information on court proceedings and law and justice issues in East Timor, which have been complicated and troublesome in many respects since before the invasion in 1975.

Legal scholars, lawyers, students, academics, researchers and ordinary citizens who do not speak Tetum or Portuguese would benefit greatly. International scrutiny by the international legal fraternity of all legal systems is essential for the future of democracy and the rule of law everywhere. If there is limited access to legal information then that is a concern for lawyers. It is also a concern of policy makers in legal affairs who can make justifiable informed decisions based on empirical, not anecdotal evidence or rumours or religious ideology or other legal structures that are undemocratic and, in some cases, oppressive.

Tetum, Indonesian and Portuguese sections of the web site could also be published subject to sufficient resources.

Access to justice means access to legal knowledge that is independent of the State or its agencies of the government. Knowledge is empowering of the citizens' legal rights and responsibilities. That is why the JSMP court monitoring reports are essential also as a source of data on the volume and nature of court proceedings in East Timor. There is no other such source. 

CREDIBLE SOURCE
JSMP has been funded for more than 15 years by international donors. JSMP is a respected peak law and justice civil society organisation whose works are outstanding work by the East Timorese lawyers who have to live and operate on hand-outs. Fortunately, these donors have been consistently generous because of the very high standard of JSMP's work, management and budget. JSMP's work is cited many times in academic research. JSMP is a highly respectable organisation. The principal lawyers are well-known in the legal fraternity and to the author

WOMEN'S LEGAL ISSUES
Part of the JSMP program is the Women's Justice Center.

BASIC PROJECT COMPONENTS
The database would be entirely online. 

IT compels the acquisition of hardware and expertise to build the database. 
Costs are not known but are estimated at US$5,000. 
Apple desktop computer including software laser printer.
Internet access (quite costly in East Timor)

Collection and organisation of all JSMP court reports spanning 15 years as well as their press releases on law and justice issues in East Timor as a supplement to the reports. I have a lot of experience in web sites and database operation but not in their establishment.

VOLUNTEERS
Volunteers perform excellent work and contribute a great deal to civil society. In the first instance, volunteers of services and IT would be invited to participate.

I have, since working in East Timor for UNTAET, The Asia Foundation, The University of San Francisco, UNCHS (Habitat), the European Union and Caritas, voluntarily maintained the East Timor Law and Justice Bulletin for the last 12 years. I am prepared to volunteer as much as possible on the operational work and or the management of it. I have project management experience in East Timor.

EXISTING WORK
JSMP presently emails its court reports to email subscribers though they are hard to find in one up-to-date location, are not optimally organised and are extremely difficult to search through them all with the database's own search engine. 

There is already a rudimentary collection of JSMP court reports posted and some organised by the East Timor Law & Justice Bulletin (ETLJB). The project proponent is the administrator of ETLJB. ETLJB is cited in many academic works itself. 

This could form the core of the collection; already in electronic form. 

If you are an expert in database construction or can donate a PC, printer, database software etc, your contribution would be greatly appreciated. The database would advertise that support.

PROPONENT'S EXPERIENCE IN EAST TIMOR

UNTAET (Property Rights Adviser)
Transitional Administration Ministry of Infrastructure
Transitional Administration Ministry of Justice
National Parliament
Civil Society
The Asia Foundation
The University of San Francisco
The European Union
Caritas
UNCHS Research on the Reconstruction of Land Record in East Timor


Other countries of experience: Indonesian, Bangladesh

AID AGENCIES
USAID
AusAID
ADB
World Bank

PARTNERSHIP WITH JSMP
The author will approach JSMP about a partnership to construct and maintain the database (and continuously funded for maintenance and enhancements) An agreement would have to be negotiated. It is anticipated that JSMP would welcome the initiative consistent with their vision. I volunteer my firm's services (Wright Law & Justice) at no cost to negotiate and draft that agreement, submit it to funders for approval and finalise all the legalities.

REVENUE GENERATION FOR JSMP
The service could be free or accessible upon payment (and limited to registered lawyer subscribers) which would then transmit to JSMP for maintenance. Later, advertising could be another stream of revenue. 

REQUEST FOR EXPRESSIONS OF INTEREST
Please contact me at warren@wrightlawyer.com.au if you are interested in participating or funding this project. Our initial target is US$5000. I will hold the funds on trust. 

A full accounting will be provided. I conduct trust accounting in my legal practice.

CONTACT ME TO DISCUSS FURTHER
If you would like to make any kind of contribution to the development of this project, please contact me using the contact form in the right column of this web site or by email. 

THE PROPONENT
A licensed lawyer since 1986. Admitted to the Supreme Court of New South Wales & High Court of Australia. Owns and operates law firm Wright Law & Justice. Details can be verified with the New South Wales Law Society. Forward any queries to me.

Warren L. Wright BA LLB
Principal
Wright Law & Justice


WARNING COPYRIGHT IS RESERVED TO THE AUTHOR. THE TEXT AND IDEAS IN THIS PROPOSAL ARE THE INTELLECTUAL PROPERTY OF WRIGHT LAW & JUSTICE


JSMP Court Reports Sumáriu Kazu Tribunál Distritál Oekusi Períodu Marsu 2018

JUDICIAL SYSTEM MONITORING PROGRAMME
PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIÁRIU Sumáriu Kazu Tribunál Distritál Oekusi Períodu Marsu 2018

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 la iha justifikasaun ba violénsia hasoru feto.

Deskripsaun sumáriu julgamentu ba desizaun kazu sira

1.     Krime kontrabandu

03 May 2018

Rede Defensór Direitus Umanus (RDDU / Human Rights Defenders Network: The Early Election Campaign is an Opportunity to Debate and Present Programs in the Public Interest, not to Provoke and Insult Each Other

2018 Election in East Timor Human Rights Defender Network Press Release
Rede Defensór Direitus Umanus (RDDU / Human Rights Defenders Network

Rua Karaketu, Mota Ain Nú.8, Faról Dili Timor-Leste
Press Release   9 April 2018

The Early Election Campaign is an Opportunity to Debate and Present Programs in the Public Interest, not to Provoke and Insult Each Other

The Human Rights Defenders Network Rede Defensór Direitus Umanus, asks State officials and political leaders in Timor-Leste to ensure that the early election will be free, fair and civic, to continue to promote existing peace and stability.

The Human Rights Defenders Network issues this press release on the basis of Constitution article 6(b) and 6(c) about the Objectives of the State, and article 40 about the Freedom of Expression and Information. We are concerned about current political developments and the continuous provocation and offensive political propaganda among political party leaders. These actions and behaviors risk escalation to violence and could affect stability in our nation.

The Network recognizes the importance of freedom of expression in a democracy, and that this freedom is very  broad. We defended this freedom during our 24-year struggle. It is strongly guaranteed in the RDTL Constitution, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights which have been ratified by Timor-Leste. The Network suggests that leaders use the freedom of expression with responsibility, provide examples to others, and respect other people’s human rights.

The Human Rights Defenders Network asks all leaders to be open to critiques from anyone, because of your important roles and powers to govern the nation’s people and because your behavior and decisions impact on the life of the country’s citizens. The Network is concerned that recently there have been some investigations of ordinary citizens who have been accused in relation to opinions they have shared publicly, even though the Penal Code does not include defamation as a crime. 

The Network asks all leaders, especially of political parties and coalitions, to measure all their public communications, to focus on words that are educative, promote peace and stability, and to avoid insulting and humiliating others during the campaign and the whole electoral process. We do not intend to lecture our leaders or to limit freedom of expression, however we feel obligated to share our views, to promote healthy debate between all political leaders in the upcoming early elections, rather than the exchange of insults and humiliation which have no positive value for the people.

We appreciate that the independent electoral body brought all political parties and coalitions together, and that they recently signed a Pact of National Unity to ensure that the election will be free and peaceful. We appreciate and hope that leaders, members and supporters of the political parties and coalitions will follow this commitment, making statements and respecting each other, to secure peace and stability.

The Timorese people have suffered greatly, during the illegal occupation by Indonesia and since independence, in 2006-- 2008 during the military crisis, and in 2014-2015 during political tension. These events inflicted suffering on large numbers of people, many until death. The past is a lesson for all of us, and we should not repeat crime and violence in the future. We believe that the political leaders must strengthen national unity.

We also ask the electoral bodies to guarantee inclusion for everyone, to make maximum efforts to ensure that persons with disabilities can fully participate in the entire electoral process, without any discrimination, and to promote the equal rights of every person. 

Therefore, the Human Rights Defenders Network calls:
On all State leaders to avoid provocation or language that is not in line with the principles and values of democracy, human rights and justice, as the people wish to live peacefully;
On all political party leaders to avoid using language which insults and humiliates each other during the campaign, but to use the political stage to speak about the parties' programs that are in the public interest, in an educative and not provocative manner;
On all members and supporters, to continue to participate in the campaign and the entire electoral process, peacefully and therefore contributing to strengthening national stability;
On security institutions, especially the national police (PNTL), to continue to maintain security in accordance with the law, with complete impartiality, and to respect human rights when they respond to any problems;
On the electoral bodies, to guarantee and protect the maximum participation of voters with disabilities.
Thank you very much for your attention.

Laura Afonso de Jesus
Coordinator of the Human Rights Defenders Network

On behalf of the members of the Human Rights Defenders Network:
1. Asosiasaun HAK
2. Asosiasaun Chega! Ba Ita (ACBit)
3. Asisténsia Legal Feto no Labarik (ALFeLA)
4. Asia Justice and Rights (AJAR)
5. Asosiasaun Halibur Defisiénsia Matan Timor-Leste (AHDMTL)
6. Belun
7. Community Based Rehabilitation Network(CBR)
8. Coalition for Diversity and Action (CODIVA)
9. Fundasaun Mahein (FM)
10. The Judicial System Monitoring Program (JSMP)
11. La'o Hamutuk

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