15 March 2019

The result of LAP’s constitutionality review: only an article about Maritime Boundary in the law is unconstitutional

The result of LAP’s constitutionality review: only an article about Maritime Boundary in the law is unconstitutional GMN Diario Nacional, March 13, 2019 Language source: Tetun

The Court of Appeals has announced its decision regarding the legality and constitutionality of changes to the Petroleum Activities Law, singling out only an article about Maritime Boundaries Treaty in the law that is unconstitutional.

“I just want to inform that only one article in the changed Petroleum Activities Law that is unconstitutional and against Timor-Leste’s constitution,” Deolindo Dos Santos, the President of Court of Appeals, told media at his office in Kaikoli, Dili on Tuesday (12/03).

The Court rules on changes to the Petroleum Activities Law comes as the government is pressing forward to withdraw US$650 million from the nation’s Petroleum Fund to buy out ConocoPhillips and Royal Dutch Shell’s holdings in Greater Sunrise fields.

The government made the move after the President of the Republic approved the government’s controversial amendment to the country’s Petroleum Activities Law after first vetoing the change amid concern it would lead to misuse of funds.

However, soon after the President of the Republic approved the changes, on January 30, a letter signed by 23 members of parliament from the opposition parties asked the Court of Appeals to review the legality and constitutionality of the changed Petroleum Activities Law.

The oppositions maintained the decree was illegal, and warned its modification risked losing transparency and accountability of petroleum fund use.

Commenting on the Court’s rules, President of National Parliament, Arao Noe said all the changes to the Petroleum Activities Law were constitutional; only one article about Timor-Leste and Australia’s Maritime Boundary Treaty was against the law because National Parliament had not yet ratified the treaty.

“The Court said only one article about Maritime Boundary Treaty is against the law, so others are legal and the government could continue its plan to withdraw money from Petroleum Fund to buy out ConocoPhillips and Shell’s stakes in Greater Sunrise,” Noe said.

The purchase of Shell’s 26.56 percent and ConocoPhillips’ 30 percent stakes in the project will allow Timor-Leste to push for development of the field and its gas-processing industry in the southern coast of the country.

Military response to gangs could “do more harm than good,” warns Fundasaun Mahein

Military Chief Lere fails to understand democracy.
Military response to gangs could “do more harm than good,” warns Fundasaun Mahein Independente, March 13, 2019

Calls for military curtailment of Martial Arts Groups (MAGs) activities by the National Defense Force in Timor-Leste “could do more harm than good,” Fundasaun Mahein has warned.

Joao Almeida, Fundasaun Mahein’s Acting Director, said that expansion of F-FDTL mandate into domestic issues would be a “violation of the law, and a slippery slope toward increased military involvement in internal matters” – pointing to examples around the world where military had overstepped domestically and become “difficult to rein it in.”

The comments come as the Chief of State-Major General of the F-FDTL Lere Anan Timur called for military intervention to combat MAGs last week. Timur has said that MAG violence poses a threat to public safety.

In a lengthy statement released Friday, Almeida warned of a danger to tackling MAGs without addressing the “underlying trends that have led to the rise of MAGs,” pointing to potential threats and opportunities posed by MAGs in tackling issues of youth violence.

“MAGs must be understood in the context of several demographics, economic, and political factors in Timor-Leste,” he said. He pointed particularly to Timor-Leste’s youth bulge, high unemployment rate, “inadequate education systems and lack of alternative communities for young people, such as sport teams, volunteers groups or etc. Just on a quarter of Timorese youth are currently employed in the formal sector with statistics showing the rate decreasing. He said of the 8,600 young people who received vocational training in 2017, only about 800 went on to find jobs – less than 10 %.

“Quite simply, there are not enough new jobs being created to meet the needs of the growing youth population,” he said. “This is due in no small part to the government’s lack of investment in the non-oil economy.”

“Taken together, these trends result in a population of young people, who, without work or school to fill their days and with few prospects for the future, will naturally seek out other forms of social interaction, stimulation, self-worth, and meaning.”

“MAGs thus fill a gap in society formed by lack of opportunities for youth,” he said. Almeida said he agreed that MAGs potentially threatened Timor-Leste’s peace and security, but warned against overlooking the role of MAGs or sensationalizing their impact. “It is important to keep worried about MAGs in check,” he said.

“While MAGs do present a challenge, they often demonized in public discourse and made to be a bigger problem than they are.” “Only 4 percent of police officers say that MAGs police are the greatest threat facing their locality.”

Amongst the security watchdog recommendations to address MAG violence the organization called on the government to boost youth employment opportunities, revise the educational curriculum to “ensure it matches Timor-Leste’s current and future needs,” work with families to keep children in school and develop more alternative forms of social association.

The organization also called for MAGs to be made legal and regulated. “Banning MAGs will only drive them underground, making the problem more difficult to address and increasing youth resentment. “It is important to acknowledge that MAGs are not inherently problematic. While some MAGs act as vehicles for violent competition, the practice of martial arts itself can serve a valuable social function, giving young people a healthy outlet for aggression and a sense of camaraderie.”

07 March 2019

Meeting of the Council of Ministers of March 5, 2019

Meeting of the Council of Ministers of March 5, 2019

The Council of Ministers met at the Government Palace in Dili and approved, with amendments, the proposal for a Government Decree presented by the acting Coordinating Minister of Economic Affairs, Agio Pereira, on the first amendment to Government Decree no. 2/2018 of February 21 that regulates the procedures of private investment.

With the approved Legal Diploma, the applications for Investor's Certificate submitted during the validity of Law no. 14/2011, dated September 28 and still pending, are evaluated and decided by the Investment and Export Promotion Agency of Timor-Leste, IP (Tradeinvest) under the terms of said law and the proposal to issue the Investor Certificate shall be sent by the Executive Director of TradeInvest to the member of the Government responsible for the coordination of economic affairs.

This proposal for a Government Decree aims to clarify doubts regarding the regime applicable to applications for the issue of an Investor's Certificate submitted, up until December 31, 2017, while the former Private Investment Law was still in force and that had not been decided by Tradeinvest.

The Council of Ministers continued its analysis of the proposal for amendment to the Subsidiary
Agreement with the Government of Australia for the Roads for Development (R4D) Phase II program submitted by the Ministry of Foreign Affairs and the Ministry of Public Works. This program of the Government of Timor-Leste, begun in 2012, has the technical support of the Government of Australia and the International Labor Organization (ILO) and aims to provide social and economic benefits to rural populations through management and improvement of the conditions of the national rural road network.

JSMP: Sumáriu prosesu julgamentu kazu iha Tribunál Distritál Oekusi

1. Krime ofensa ba integridade fízika simples ho natureza violénsia doméstika
Nú. Prosesu Kompozisaun Tribunál Juis
: 0114/18.OESIC : Singulár
: Dr. João Ribeiro
 
Prokuradór Defeza Tipu pena
: Dr. Mateus Nesi
: Dr. Calisto Tout
: Pena prizaun tinan 1 no suspende ba tinan 1 fulan 6

Iha 08 Janeiru 2019, Tribunál Distritál Oekusi prezide julgamentu leitura sentensa ba krime ofensa ba integridade fízika simples ho natureza violénsia doméstika ne’ebé envolve arguidu JT hasoru nia feen, iha Distritu Oekusi.

Akuzasaun Prokuradór
Prokuradór akuza katak iha 01 Jullu 2018, maizumenus tuku 07.00 dader, arguidu ho lezada diskute malu kona-ba lezada diskonfia arguidu iha relasaun amante ho feto seluk, nune’e arguidu tebe dala ida iha lezada nia kanotak no tuku dala ida iha lezada nia matan fukun parte karuk no buti dala ida iha lezada nia kakorok. Agresaun ne’e rezulta lezada sofre moras.
Prokuradór akuza arguidu kontra artigu 145 Kódigu Penál kona-ba ofensa ba integridade fízika simples ho moldura penál to’o tinan 3 ka multa no konjuga ho artigu 2, 3 no artigu 35 letra (b) no artigu 36 Lei Kontra Violénsia Doméstika (LKVD).

Produsaun prova sira
Iha julgamentu, arguidu konfesa integralmente ba faktus hotu iha akuzasaun. Arguidu deklara katak arrepende ona nia hahalok. Arguidu servisu nu’udar agrikultór, laiha rendimentu fixu kada fulan no iha oan nain rua no promete sei la komete tan krime hasoru lezada. Arguidu ho lezada diak malu ona no moris hamutuk iha uma ida to’o agora.
Antes halo alegasaun finál Prokuradór husu ba tribunál atu presindi (hasai tiha) lezada nia deklarasaun, tanba arguidu konfesa faktus hotu iha akuzasaun.

06 March 2019

Military interferes with due process of law

In another shocking appearance, the leader of the military has opened his mouth when he should have kept it shut. See the media report below.

Lere has no legitimate role in any of these civil political processes. He should remain in the FDTL HQ until there is a war with another State; and make sure his soldiers understand the rule of law. He obviously does not.

His outrageous comments can not go unnoticed because what he does flies in the face of the proper conceptualisation of democracy, the civil political processes under the law and the correct role and function of the military in democracies.

Lere should not be putting himself forth as a commentator on any such matter. He is wrong to do so. His actions are deplorable and despicable. It's none of his business and he should retreat from the political arena and the public arena altogether and watch over the security forces and the integrity of the nation from external threats.

WLW

Source: Independente, March 4, 2019 Lere urges resolution of Kalbuadi Lay case

National Parliament should have waited until the High Court had resolved the corruption case against Francisco Kalbuadi Lay before appointing him as a member of parliament, Major General Lere Anan Timur has said.

Speaking from the office of the President of the Republic, Timur said the actions of politicians using their positions to gain legal immunity denigrated the State and went against the independence many Timorese had struggled for.

“We first heard that the police would arrest Francisco Kalbuadi Lay. This did not happen and then he returned to parliament. There must be a solution, if not a solution, ask me so that I give a solution,” Timur said on Friday.

“We know that nowadays there are many people who are looking for opportunity. We can say they are opportunists because these people use their intelligence and look for legal loopholes for self-gain.” Timur’s comments came as the President of National Parliament, Arao Noe, sought to downplay the impact of Lay’s appointment as a member of parliament on Monday.

During a meeting with the President of the Republic Francisco Guterres Lu-Olo on Friday, Noe said National Parliament would “only” discuss revoking Lay’s immunity if it received another summons from the High Court for Lay to appear.

“Kalbuadi Lay does not hide in his immunity in National Parliament, all process will run smoothly, we are still waiting for a new notification letter from the court,” Noe said.

Lawyer Manuel Tilman agreed Lay’s case was a legal matter from the court but said the fact remained that the court had not issued an arrest warrant and the case remained at investigation stage.

Speaking in parliament after his appointment last Monday, Lay confirmed he had received three High Court summons but had not attended the hearings because he was receiving medical treatment in Singapore. He said his presence in parliament was not to gain legal immunity, and that he was ready to declare his case in court.

Addressing the investigation Lay said: “I will be examined by the Public Prosecutor whenever it is necessary … whether (I have been) wrong or right will be determined in court.” Lay’s investigation relates to allegations of corruptions while he was serving as Minister of Tourism, Art, and Culture in the former government.

07 February 2019

Simple majority enough to override Timorese Presidential veto to Budget - Constitutionalist

WARNING MACHINE TRANSLATION ORIGINAL TEXT HERE The Portuguese Constitutionalist Pedro Bacelar de Vasconcelos defended today that the proposal of Budget vetoed by the President of the Timorese Republic requires only a simple majority of the deputies to be confirmed again by the parliament and, necessarily, promulgated by the President.

"It is not even ambiguous that the confirmation needs only a simple majority of the deputies in function effectiveness," he told Lusa the constitutionalist, who was a drafter of the Timorese constitution and who prepared an opinion to that effect for the Timorese Government. "

This position is reflected in a prepared opinion for the Government by Pedro Bacelar de Vasconcelos, draftsman of the Constitution of Timor-Leste, and by the lawyer Ricardo Cunha, who was advisor to then-President Taur Matan Ruak, the current first -minister.

Bacelar de Vasconcelos was the coordinator of the team, which included Ricardo Cunha, who prepared the 2011 edition of the Annotated Constitution of Timor-Leste, edited by the University of Minho Law School.

As he said, constitutional democracies "are made not to govern by unanimity, but according to the majority rule, the rule of listening to the will of the people, which is the will of the majority expressed in free elections."

In this context, the Government's program is voted on at the ballot box and then approved in parliament, where it does not even need to be put to a vote, but "lacks a simple majority" in the case of a vote.

"Governing is largely fulfilling and executing the government program, which was presented to voters, which guaranteed the election of the largest number of deputies and is that program that translates the substance of the government action," he explained.

"The OGE is not quite a law like the generality of laws, universal and abstract. It is an authorization for the Government to acquire the indispensable means to carry out the government's program, its policies to govern," he said.

Hence "it would not make sense that through a veto requiring a qualified majority, the president would have the vote of quality in approving the resources indispensable for the Government to carry out its program," he said.

Bacelar de Vasconcelos recalled that the Timorese constitution was approved by Fretilin - the party of the current President of the Republic and that is in the opposition in the parliament - "precisely to avoid that [then President and now leader of the coalition of the Government] Xanana Gusmão wanted later come to play in defining the policies of the Government ".

"Timor-Leste's PR does not govern or have the power to govern. The approval of the OGE is a parliamentary authorization to the Government to govern," he said.

At stake are several constitutional articles on the competencies in the debate and approval of the State Budget and on the circumstances in which it is necessary only a simple majority or required qualified majority to overcome the presidential veto.

Specifically, that defined in article 88 on "promulgation and veto" (within the powers of the President) that requires absolute majority to confirm a diploma vetoed by the head of state, who in these cases will have eight days to mandatory the diplomas.

"However, a two-thirds majority of the Members present shall be required, provided that they exceed the absolute majority of the deputies who are in office, for the confirmation of the diplomas that deal with matters covered by article 95," note.

Among the matters of article 95 - on the powers of the parliament - are "fiscal policy" and "budgetary regime".

Bacelar de Vasconcelos maintains that a two-thirds majority is necessary only for questions "which are not the current approval of expenses and of obtaining the resources that are made annually", as in this case the General State Budget.

The "budgetary regime" referred to in Article 95 of the Constitution is only, he explains, what is defined in Article 145 of the nation's basic law on the procedure and how the General State Budget itself is treated.

"It is the Government that prepares the process, not the President, then the National Parliament that discusses it and who approves it, and after it is approved, it goes to the President of the Republic for promulgation," he said.

"The President can apply the political veto, but the budget is typically parliamentary in nature," he explained.

Otherwise, requiring two-thirds to overcome the veto would have "this perverse effect which would mean that the President could counteract or impose on the majority of Government the policies he understands, albeit opposed to the policies that most follow."

The Constitutionalist also noted that it is "a political decision", the parliament decides to "accept or not the recommendations" of the President of the Republic on the General Budget of the State.

05 February 2019

Advertisement: Wright Law & Justice












wrightlawyer.com.au

Revizaun Jornál Nasionál semanál kona-ba setór justisa no polítika iha Parlamentu Nasionál, 28 – 1 Fevereiru 2019

Revizaun Jornál Nasionál semanál kona-ba setór justisa no polítika iha Parlamentu Nasionál, 28 – 1 Fevereiru 2019

 I.                   Setór Justisa

Ministru Justisa Manuel Carcéres : Prizoneiru nia Liberdade limitadu liu
Prezidente Tribunál Rekursu, Deolindo dos Santos :  Tribunál Rekursu sei halo promosaun ba juis
Eis Ministru Saúde Sergio Lobo rekoñese hetan notifikasaun hosi Ministériu Públiku
Prokurador Jerál Repúblika (PJR) José da Costa Ximenes: Kalbuadi Lay no Sergio Lobo lakohi kopera ho justisa Ministériu Públiku sei hasai mandadu kapturasau
Juis Internasionál Rua fó Asesória ba Juis Timoroan
Luis de Oliveria Sampaio, Diretór JSMP: husu Kalbuadi-Lobo kopera ho justisa


II.                Setór Politika – Parlamentu Nasionál

·      Prezidente Parlamentu Nasionál Arão Noé de Jesus da Costa Amaral: Reapresiasaun OJE 2019 pasa ho maiória absoluta

·      Jurista Timoroan, Padre Julio Crispin Belo : Konfirmasun votu OJE tenke deputadu 43

·      Deputada Carmelita Moniz lamenta karta notifikasaun Prokurador ba Prezidente CNRT

·      Bankada Parlamentár sira iha Parlamentu Nasionál komesa diálogu– Governo hahu diskute reapresiasaun

·      Prezidente Parlementu Nasionál (PPN), Arão Noé de Jesus da Costa Amaral: Kinta-feira semana oin Parlamentu Nasionál sei halo apresiasaun ba Orsamentu Jerál Estadu 2019

·      Bispo Dioseze Dili Dom Virgilio do Carmo da Silva : kontinua husu lider sira fó liman ba malu

       ==================================================================

I.                   Setór Justisa

Ministru Justisa Manuel Carcéres : Prizoneiru nia Liberdade limitadu liu


Ministériu Justisa halo abertura ba semináriu nasionál iha prizaun Bekora, hodi hato’o mensagen ba prizioneiru sira katak, nu'udar prizoneriu sira nia liberdade limitadu liu, la hanesan ho ema ne'ebé iha liur.


Tuir Ministru Justia Manuel Carcéres katak, estatutu prizioneiru sira nian maka muda uituan liuliu kona-ba sira nia liberdade, maibé sira nia direitu hanesan ema sei iha nafatin ho membru komunidade sira seluk.


“Hau atu hato’o de’it mensagen katak, estatutu sosiál ita boot sira nian maka muda uituan katak ita boot sira liberdade hamenus liu, maibé direitu hanesan ema nafatin belit ho ita boot sira no ema la bele muda fali ba objetu ka sasan seluk,”dehan Carcéres iha nia deskursu ba abertura semináriu nasionál iha prizaun Bekora (Jornál Independente, 30 Janeiru 2019).


Prezidente Tribunál Rekursu, Deolindo dos Santos:  Tribunál Rekursu sei halo promosaun ba juis sira

Prezidente Tribunal Rekursu (PTR), Dr. Deolindo dos Santos hateten, iha tempu badak, Tribunál Rekursu (TR) sei halo promosaun ba iha juis sira no movimentasaun judisiál.

“Asuntu importante ne’ebé maka hau ko’alia ho Prezidente Repúblika maka iha tempu badak sei halo promosaun ba iha juis sira no movimentus judisiál ne’ebé sei akontese iha mídia tinan ne’e nia-laran. Liuliu iha tribunál iha mudansa ona ba komisaun balun ne’ebé sei akontese iha juis balu, ita sei koloka iha Tribunál Distritál Baucau, Dili, Suai no Oekusi. Ida-ne’e sei akontese depoisde aprovasaun,” dehan Prezidente Tribunál Rekursu ba Jornálista sira.

Lider judisiáriu ne’e akresenta nia parte mós iha enkontru ne’e hato’o ba PR kona-ba servisu funsionamentu tribunál nian durante ne’e. Nia dehan maske iha situasaun politika hodi hasoru dezafiu oioin, maibé tribunál kontinua garantia ninia servisu ne’ebé diak iha parte judisiáriu (Jornál STL, 30 Janeiru 2019).


Prokurador Jerál Repúblika (PJR) José da Costa Ximenes : Kalbuadi Lay no Sergio Lobo lakohi kopera ho justisa Ministériu Públiku sei hasai mandadu kapturasaun


Ministériu Públiku (MP) halo notifikasaun hodi kaer Sekretáriu Jerál Partidu CNRT Francisco Kalbuadi Lay no eis Ministru Saúde (MS), Sergio Lobo, bainhira haruka karta ba sira maka lakohi atu koorpera ho justisa.


Prokurador Jerál Repúblika (PJR) José da Costa Ximenes, hateten, bainhira ema nain rua ne’e la ba tuir julgamentu dala rua hanesan testemuña entaun Ministériu Públiku (MP) tenke halo notifikasaun obrigatóriu tanba la kopera ho justisa.

“Hau lakohi fó resposta balun espetativa prosesual ne’e bele arguidu, bele vitima ne’e normalmente ita bolu atu komparese’’dehan nia, iha Palasiu Prezidensial Bairu Pite.  (Jornál Independente, 29 Janeiru 2019 )


Juis Internasionál nain rua fó asesória ba juis Timoroan
Juis Internasionál nain rua agora daudaun ne’e fó hela asesoria ba Juis Timoroan sira iha Tribunál Distritál Dili (TDD) hodi  buka maneira resolve problema ne’ebé iha.


Diretór Sentru Formasuan Jurídiku no Judisiáriu Timor-Leste, Antoninho Gonçalves hatete, Juis InterNasionál nain rua ne’e sira hetan kontrata no bele resolve problema ne’ebé tribunál enfrenta hanesan la iha asesór ruma.


Tuir nia, TDD rasik prepara ona orsamentu duadesimu ne’e prevee ona ba sira nia vensimentu no mós ba vensimentu juis sira nian, ne’ebé kona-ba julgamentu sira ne’e la iha razaun para falla, (Jornál Independente, 28 Janeiru 2019).

Luis de Oliveria Sampaio, Diretór JSMP: husu Kalbuadi-Lobo kopera ho justisa
Programa Monitorizasaun Sistema Judicial (JSMP), husu ba eis Ministru Turizmu Francisco Kalbuady Lay ho eis Ministru Saúde, Sergio Lobo atu kopera ho justisa hodi hakotu problema ne'ebé sira nain rua enfrenta.



Diretór Ezekutivu JSMP, Luis de Oliveira Sampaio hateten, dirijente nain rua ne'ebé dehan hetan notifikasaun husi tribunál ne’e sei iha dalan atu autoridade justisa sira uza hodi buka tuir.



Prosesu segredu justisa ne'e la'o bainhira investigasaun ka prosesu inkeritu ne'e sei lao hela, ne’e tenke taka ba públiku atu ema la bele asesu. Maibé prosesu atu tama ona ba julgamentu, tribunál tenke notifika autór sira, atu nune’e sira bele prepara ninia advogado sira atu bele hasoru prosesu justisa nian, (Jornál Independente, 28 Janeiru 2019).


II.                Setór Polítik – Parlamentu Nasionál

Prezidente Parlamentu Nasionál Arão Noé de Jesus da Costa Amaral: Reapresiasaun OJE 2019 pasa ho maioria absoluta

Parlamentu Nasionál la dada tempu hodi debate reapresiasaun Orsamentu Jerál Estadu (OJE) 2019 ne'ebé veta husi Prezidente Repúblika, Francisco Guterres Lu Olo.

Liuhosi sesaun plenária ne'ebé hala'o iha Kinta, 31 Janeiru 2019, maiória deputadu iha uma fukun Parlamentu Nasionál fó votus afavór ba reapresiasaun ba Orsamentu Jeral Estadu 2019 ho votus 40 afavór, kontra 25, no abstensaun zero.

Iha reapresiasaun ne'e mudansa ba montante OJE 2019 ne'ebé inisiu biliaun 2.132 milloens, redus ba biliaun 1,482 milloens dollar Amerikanu, tanba konsege hasai tiha US$650 milloens husi ininsiu montante OJE 2019. Parlamentu Nasionál sei lori fali reapresiasaun OJE ba Prezidente Repúblika atu promulga, (Jornál STL, 1 Fevereiru 2019).

Deputada Carmelita Moniz lamenta karta notifikasaun Prokurador ba Prezidente CNRT
Membru Konsellu Majistratura no atuál Deputada Bankada Partidu CNRT, Carmelita Moniz lamenta Prokuradora Repúblika, Lidia Soares, haruka karta notifikasaun ba Prezidente Partidu CNRT, Kay Rala Xanana Gusmão.

“Ha’u mós hakfodak sé Prokuradora  Repúblika ida haruka fali notifikasaun ba Prezidente Partidu ida, ne’e tuir ita nia Lei Kódigu Prosesu Penál la iha, tuir ita nia Konstituisaun Repúblika mós la iha.  Dalan ida ne’e laiha, ne’ebé ita hare katak Prokurador sira tenke hala’o sira ninia funsaun tuir loos de’it saida mak hakerek iha lei, ida-ne’e mak ita ezije”, dehan Carmelita Moniz iha Kuarta, 30-01/2019 semana ne’e, iha PN, (Jornál Nasionál Diario, 31 Janeriu 2019).



Jurista Timoroan, Padre Julio Crispin Belo: Konfirmasun votu OJE tenke deputadu 43


Parlamentu Nasionál atu halo votu konfirmasaun ne'e tenke bazeia ba konstituisaun artigu 88 númeru 3, tanba ne’e atu prienxe kuorum hodi halao aprovasaun ba  Orsamentu Jeral Estadu (OJE) tenke ho deputadu 43.


Jurista Timoroan, Padre Julio Crispin Belo hateten atu halo konfirmasaun votu hakerek ona iha artigu 88 númeru 2 bainhira Prezidente Republika veta diploma ruma la presija diskuti klean saida maka husu atu halo mudansa ba konteudu diploma ne’e.



Maibé konfirmasaun diploma OJE ne’e vale ona lei artigu 88 númeru 3, kuandu ba votasaun tenke ho total superior maioria  absoluta husi deputadu ne’ebé halao hela nia funsaun (Jornál Nasionál Diario,31 Janeriu 2019).

Prezidente Parlamentu Nasionál, Arao Noe de Jesus :  Iha posibilidade Parlamentu Nasionál sei halo konfirmasaun votu

Parlamentu Nasionál hatudu ona sinal balun liu hosi AMP katak iha posibilidade sei halo deit votu konfirmasaun ba Orsamentu Jeral Estadu (OJE) hodi haruka ba Prezidente Republika bele promulga.

Prezidente Parlementu Nasionál (PPN) Arão Noe de Jesus hateten prosesu atu halo reapresiasaun ka halo deit votu konfirmasuan ba Dekretu Lei OJE ne'ebe veta husi Xefe Estadu ne’e konforme vontade deputadu sira nian.


Bainhira deputadu sira halo proposta alterasaun ruma ne'e sei iha diskusaun depois maka deside maibé ne’e presiza halo fali Dekretu Lei OJE foun, karik laiha proposta alterasaun lei kontinua ho dekretu lei anterior ne’e (Jornál Independente, 28 Janeiru 2019).

Bankada Parlamentar sira iha Parlamentu Nasionál komesa diálogu– Governo hahu diskute reapresiasaun


Primeriu Ministru,  (PM ), Taur Matan Ruak, diskute ona ho Prezidente Parlamentu Nasionál (PPN ), Arão Noé de Jesus da Costa Amaral, kona-ba politika reapresiasaun Orsamentu Jerál Estadu tinan fiskál 2019, ne’ebé Prezidente Repúblika veta ona.


“Ami la ko’alia buat ruma, PM mai informa de’it kona-ba reapresiasaun ba OJE ne’ebé sei halo iha Kinta-feira (31/1) ida-ne’e, dehan Arão Noé de Jesus da Costa Amaral iha uma fukun PN.


Hafoin enkontru ho Xefe Governo PPN kontinua partisipa iha diálogu ne’ebé halo entre lider bankada sira. Maske nune’e, diálogu ne’ebé halo seidauk hatudu konsensus ruma entre partidu politiku sira iha uma fukun PN (Jornál Independente, 29 Janeiru 2019).


Prezidente Parlementu Nasionál (PPN), Arão Noe : Kinta-feira semana oin Parlamentu Nasionál sei halo apresiasaun ba Orsamentu Jerál Estadu 2019


Lider Bankada Partidu sira iha Parlamentu Nasionál (PN), deside ajenda reapresiasaun ba Orsamentu Jerál Estadu (OJE) 2019 sei hala’o iha loron Kinta semana oin.


“Lider bankada ami iha konsensus atu ajenda fila fali ba plenária atu halo reapresiasaun iha Kinta semana oin, tanba ne’e sei apresia foun Dekretu Nu. 4/V OJE 2019’’ dehan Prezidente Pralamentu Naionál ( PPN), Arão Noé de Jesus da Costa Amaral iha Parlamentu Nasionál.


Iha opsaun barak, balun hakarak atu dada uituan tempu atu iha konsentrasaun polítika, maibé iha opsaun balun katak labele fó tempu mamuk demais tanba, OJE ne’e maka raan ba estadu ne’e nian. (Jornál Independente, 28 Janeiru 2019).


Bispo Dioseze Dili Dom Virgilio do Carmo da Silva : kontinua husu lider sira fó liman ba malu

Bispo Dioseze Dili Dom Vrgilio do Carmo da Silva, SDB kontinua husu ba nai ulun sira atu fó liman ba malu hodi buka solusaun ba problema rai laran.


D. Virgilio husu ne’e relasiona ho Prezidente Repúblika (PR), Francisco Guterres Lú Olo veta polítika ba OJE 2019.


“Razaun PR veta OJE tanba haree ba sustentabilidade nasaun ida-nee nia hodi fó fila ba Parlamentu Nasionál (PN) atu haree. D. Virgilio hato’o lia hirak nee ba Jornálista sira, Kinta hafoin missa abertura anu eskolar tinan 2019 iha Igreja Kategral Dili (Jornál Independente, 28 Janeiru 2019).

30 January 2019

Lu-Olo vetoed 2019 OJE: Xanana says the President is illogical


Xanana Gusmao AMP Government 2019
Lu-Olo vetoed 2019 OJE: Xanana says the President is illogical GMN Diario Nacional, January 28, 2019 Language source: Tetun

Timor-Leste’s Oil and Gas Chief Negotiator, Xanana Gusmao considers President of the Republic’s decision to veto the nation’s largest ever budget of US$2.132billion for 2019 is illogical.

“Oh, President had vetoed the bill, had not he? And he called for dialogue, really? I have read his statement and his reasons for vetoing the bill were illogical,” Xanana spoke to media at Nicolau Lobato Airport upon his arrival from abroad on Saturday (26/01).

Xanana, who is also the President of the National Congress for Timorese Reconstruction (CNRT) party, the biggest party in the current three-party coalition government, warned that there would be no dialogue to resolve the problem, let parliament do what it needs to do, overrule the President’s decision regarding 2019 General State Budget (OJE).

On January 23, President Francisco Guterres Lu-Olo vetoed the government’s proposed budget for 2019, criticising the government’s priority of buying foreign assets in 2019.

President Lu-Olo asked parliament to revise the US$2.132 budget ceiling, which allocated about 30 percent to oil and gas projects at the expense of devoting attention to education, health and other public services. Only around one eighth of the budget expenditure is devoted to health, education, clean water and agriculture.

The budget included US$650 million for the buyout of ConocoPhillips and Royal Dutch Shell’s holdings in Greater Sunrise gas fields, for which the Timor-Leste’s government committed to pay off, respectively in 2019 and 2020.

The total enacted budget for 2019 is comprised of $214 million for salaries and benefits, $413m for goods and services, $1,013m for public transfers (including $650m for sunrise), $31m for minor capital, $313 for development capital (excluding borrowing), and $87m is borrowed money for development capital.

Finance company warns divisive politics is Timor-Leste’s greatest risk to economic growth in 2019

Finance company warns divisive politics is Timor-Leste’s greatest risk to economic growth in 2019 Independente, January 28, 2019

Findings from a macroeconomic report warn that the biggest risk to Timor-Leste’s economic growth outlook over the next 12 months is the nation’s on-going political instability.

A continued standoff between the ruling government and the President of the Republic is also likely to see further delays in policy-making that would continue to “paralyze the public administration”. Fitch solutions, which used a report released Tuesday after the President of the Republic vetoed the nation’s highest ever budget of $2.132billion and parliament now sits within a 90-day review period to re-approve it with a simple majority, to remind the political sector against spiraling political uncertainty.

“We highlight that the biggest downside risks to Timor-Leste’s economic growth outlook is the government’s failure to pass the budget in a timely fashion and/or a hold-up in the disbursement of state funds due to political deadlock.” Timor-Leste’s government expenditure amounts to between two-thirds and three quarters of the country’s GDP.

“Due to the delay in the passage of the budget last year, many businesses complained that they struggled to stay afloat, and this likely held back the country’s economic recovery.” However, the international finance company predicted that the 2019 budget would be approved in “coming weeks given the margin of support among lawmakers.”

“Our core view is that both sides will be able to arrive at some sort of an agreement and implement the budget sooner rather than later; however, other issues will likely remain unresolved.”

“For instance, we see no end to the face-off on the issue of ministerial nomination which has persisted since May 2018.” Fitch predicts Timor-Leste’s real GDP growth to increase to 4.0 % in 2019, from an estimated 2.3% in 2018, but noted “that risks are weighted to the downside.” Under Timor-Leste law, if parliament approves the budget the President must promulgate the statute within eight days after receiving it.

“Given that the AMP government only has 35 seats (out of 65) in parliament, this means that some members of parliament from the Democratic Party or opposition Fretilin also voted in favor of the proposal, which is reflective of greater collaboration between policymakers.” Fitch warned against delaying budget approval, reminding repercussions of delay in 2018.

“Due to delay in the passage of the budget last year, many businesses complained that they struggled to stay afloat, and this likely held back the country’s economic recovery,” the report said.

“For instance, the head of Timor Plaza, which is the largest shopping center in the country, stated that 2018 ‘was the difficult year’ for the national economy, While Kmanek Group, which owns two largest Supermarkets in Dili, said that sales plunged by 17% in H118 and 25% in H218.”

Martin Hardy did you condemn me for calling the situation a crisis?

A Plenary Meeting of the National Parliament was conducted in Portuguese: Members of parliament did not take it seriously

Você sabe o que está acontecendo? Eu não tenho uma pista.
JUDICIAL SYSTEM MONITORING PROGRAMME
 PROGRAMA MONITORIZASAUN BA SISTEMA JUDISIÁRIU Press Release 24 January 2019 National Parliament - A Plenary Meeting of the National Parliament was conducted in Portuguese: Members of parliament did not take it serious

On Tuesday 22 January 2019 the National Parliament held a plenary meeting in the Portuguese language. The use of Portuguese during a plenary meeting is provided for in Parliamentary Resolution No. 24/2010, paragraph 8, that states that the National Parliament will use Portuguese during a plenary meeting once a month

During this plenary meeting JSMP noted that many members of parliament were laughing and making a commotion by yelling at the acting president of the Chair, His Excellency Luís Roberto, and telling him to stop talking because of his limited ability to express himself in Portuguese. This made the plenary meeting of the National Parliament seem as if it were a playground. Also, members of parliament walked in and out during the plenary as if they had no respect for the Parliament itself.

“The National Parliament is a sovereign organ and members of parliament are representatives of the people, so they should exercise their role with full responsibility to demonstrate dignity and authority and set a good example when performing their role, especially during the plenary”, said the Executive Director of JSMP, Luis de Oliveira Sampaio.

During the plenary meeting Her Excellency MP Olinda Guterres said that the rule set out in the Parliamentary Resolution regarding the use Portuguese during plenary meetings should be removed.

JSMP believes that Portuguese continues to pose a challenge for most public institutions and civil society, however MPs are representatives of the people and they should be serious in implementing and respecting our Constitution and the rules approved by MPs in the National Parliament.

During the third legislature JSMP raised concerns about the use of Portuguese in the plenary which resulted in the plenary not functioning effectively or productively because many MPs did not contribute to discussions and speeches.

JSMP believes that the use of Portuguese twice every month in plenary meetings is a way of promoting and implementing the practical use of this language, however JSMP requests for guarantees that this practice will not reduce the productivity, efficiency and functioning of the National Parliament as a sovereign organ. In particular, the current situation demands for members of parliament to concentrate and be serious in overcoming the political impasse that the State of Timor-Leste is currently dealing with.

For more information, please contact:

Luis de Oliveira Sampaio

Executive Director of JSMP

Phone: 3323883

www.jsmp.tl

17 January 2019

Fretilin members walk out of parliament in protest over petroleum debate

Fretilin members walk out of parliament in protest over petroleum debate Independente, January 14, 2019

Members of the Fretilin Party staged a walkout in parliament on Thursday in protest over the government’s bid to increase access to the nation’s petroleum fund for investment in energy projects, declaring the bid “illegal.”

The proposal, vetoed by the President of the Republic in December, would remove a 20 percent cap on state participation in oil projects, and would allow Sunrise and other projects to bypass approval by parliament.

Fretilin has maintained the decree could misrepresent or dilute the difference between financial assets and other assets. Antonino Bianco said in a press conference to media after the walkout that Fretilin rejected the law change, concerned modifications would reduce accountability and lead to over-stretching of the fund’s use.

But the Fretilin party was accused by opponents of working against national interests. Mariano Assanami Sabino, from the Democrat Party, said development of the nation’s petroleum industry was critical to diversifying Timor-Leste’s economy and improving the livelihoods of the population.

Arao Noe, President of National Parliament, said Fretilin’s rejection of the vote was a matter between its party members and declined to comment further. The walkout did not affect the parliamentary vote, with 41 members of parliament voting in favour to approve the law change.

The President of the Republic, Francisco Guterres Lu-Olo, will have eight days to enact the same bill he refused last year. $650 million is required for the buyout of Royal Dutch Shell and ConocoPhillips holdings in the Greater Sunrise gas projects.

The deals would give Timor-Leste a majority state in Greater Sunrise, along with remaining partners including Australia’s Woodside Petroleum and Japan’s Osaka Gas.

State bodies’ arrogance puts Timor-Leste in economic crisis

State bodies’ arrogance puts Timor-Leste in economic crisis Suara Timor Lorosae, January 15, 2019 Language source: Tetun

Arrogance of Timor-Leste’s state bodies has put Timor-Leste in economic crisis since 2017 and if the situation continues, then it would worsen the current economic crisis and people would continue suffering.

Academic from Institute of Business, Pedro Ximenes said Timor-Leste’s economy had stood still since 2017 due to political impasse and if the government, national parliament, and president of the republic kept it up, then Timorese people would suffer and be victims of political arrogance.

“If the National Parliament, the Government and President of the Republic continue this game, it will make the economy in the country worst and people will continue to suffer and the economy of the country has stood still for two years,” Ximenes told STL on Friday.

Ximenes made the comments amid growing anxiety over 2019 State Budget disapproval by President of the Republic as the hearing cycle is coming to an end. Ximenes said the state leaders needed to put aside their differences and uphold people’s interest to resolve the current impasse.

Parliament agrees on a candidate for Anti-Corruption Commissioner


Parliament agrees on a candidate for Anti-Corruption Commissioner Independente, January 15, 2019 Language source: Tetun

All parliamentary benches have reached an agreement to appoint a new Anti-Corruption Commission (KAK) Commissioner to replace Aderito Tilman whose mandate ended in October 2018.

At the conclusion of Mr. Tilman’s term, the government had proposed two candidates the out-going Commissioner himself and Sergio Hornai, the President of Timor-Leste’s Public Defenders, but benches in parliament disagreed, putting the appointment of new KAK Commissioner on postponement until today.

Addressing parliament, Democratic Party (PD) Bench Deputy Chairman, Adriano Do Nascimento said Candidate Aderito Tilman had been going back to working as prosecutor after his term as KAK Commissioner ended last year, therefore, before parliament voting for these two candidates, it needed to confirm with the candidates.

“I want to ask, has Mr. Tilman resigned from his candidacy? The government needs to clarify about the candidates’ readiness,” Nascimento said yesterday at National Parliament.

Echoing Nascimento’s words, Joaquim Dos Santos from Fretilin Party, said it was important to make sure the two candidates still wanted to be KAK Commissioner before parliament voted for them.

“We need to know if the candidates still want to continue their candidacies or not, even if one of them resign, we could still continue with the voting,” Dos Santos said.

Responding to the concerns, National Parliament President, Arao Noe said the two candidates had not yet sent any official letter to parliament about stepping down from their candidacies, therefore, he was confident, their candidacies were still valid, but he would confirm with the government before scheduling the voting for the new KAK Commissioner.

Final hearing of 2019 OJE, President Lu-Olo to consult with the Council of State

Final hearing of 2019 OJE, President Lu-Olo to consult with the Council of State Independente, January 15, 2019 Language source: Tetun

President of the Republic Francisco Guterres Lu-Olo says he needs to consult with the Council of State before deciding whether to promulgate or veto the 2019 State Budget (OJE), as the hearing cycle is coming to an end and public pressure for the promulgation of the budget growing. T

he President is torn between enacting the proposed budget to put an end to a protracted economic crisis in the country due to political stalemate or vetoing the budget as large amount of money are allocatesd to Greater Sunrise Development and gas- processing industry in Timor-Leste’s southern coast.

In a press release from President Office, Lu-Olo said he would organize a hearing with the Council of State which focused on 2019 OJE on Tuesday (15/01).

The Council of State comprises of former President of the Republics, Jose Ramos Horta and Xanana Gusmao, the Speaker of National Parliament Arao Noe, Prime Minister Taur Matan Ruak, five citizens elected by National Parliament namely Eduarado de Deus Barreto, Aurora Ximenes, Jose Cornelio Guterres, Arcangelo de Jesus Goveia Leite, Jose Dos Santos Naimori, and five more citizens appointed by the President himself and they are Oscar Lima, Faustino Da Costa, Alcino De Araujo Barris, Maria Dadi Soares Magno and Laura Soares Abrantes.

On December 22, National Parliament approved a US$2.132 million 2019 budget with 8 percent allocated for investment in the agriculture and food security, education, and health sectors.

In the first day of the hearing, Lu-Olo had warned the government’s proposed 2019 budget failed to consider the needs of the Timor-Leste’s poorest rural people, due to its low agricultural sector expenditure.

The $2.132 billion budget ceiling for 2019 of which only 1 percent is allocated to the agriculture sector. This is compared to 33% for major oil and gas projects, including Tasi Mane and the purchase of Royal Dutch Shell and ConocoPhillips’ stakes in the Greater Sunrise natural gas fields for $300 million and $350 million respectively.

Lu-Olo said the government’s failure to prioritize developing the country’s agricultural sector was “very concerning,” as it sat at odds to the need to the country’s large rural population.

He said improving the lives of Timor-Leste’s rural poor by helping develop the agricultural sector was “key to changing people’s lives.”

Over 67% of TimorLeste’s population lives in rural areas and are largely dependent on agricultural for their livelihood, according to World Bank statistics.

13 January 2019

Political uncertainty impedes development of Greater Sunrise and Pipeline to Timor-Leste

Political uncertainty impedes development of Greater Sunrise and Pipeline to Timor-Leste Timor Post, January 10, 2019 Language source: Tetun

Professor of Political and Social Science at the  Universidade Nacional Timor Lorosa’e (UNTL), Victor Soares, said Timor-Leste’s political uncertainty might impede the development of Greater Sunrise (GS) oil and gas fields and its pipeline to Timor-Leste.

Victor made the comment amid the setback of the Timor-Leste’s government’s plan to buy out ConocoPhillips and Royal Dutch Shell’s holding in Greater Sunrise fields after President of the Republic Francisco Guterres Lu-Olo vetoed the Amendments to the Petroleum Activities Law last month.

Despite the veto, the Timorese government continued pushing for the buyout by putting US$650 million in the 2019 State Budget causing fear that President of the Republic might also veto the 2019 state budget.

“If we buyout ConocoPhillips’ 30 percent and Shell’s 26 percent stakes, we have the right to push for Greater Sunrise Development and its pipeline to Timor-Leste, but the current political standoff and the separation of national leaders have impacted on the development of Greater Sunrise and its pipeline,” Victor told Timor Post at UNTL campus on Wednesday (09/01).

The Sunrise and Troubadour gas fields, together known as Greater Sunrise, were discovered in 1974 and hold around 5.1 trillion cubic feet of gas, according to the project’s operator, Australia’s Woodside Petroleum.

The development of Greater Sunrise gas field had been long delayed due to a protracted maritime dispute between Australia and Timor-Leste that was finally agreed upon in March 2018 which put the majority of the fields into Timor-Leste’s ownership. Since then TimorLeste has stepped up its efforts to pipe Greater Sunrise to Timor-Leste to boost its economic development.

Victor said Greater Sunrise was national issue, therefore, he called on national leaders to put aside their differences and uphold national interest to bring prosperity to the country.

Academics call on President of the Republic not to veto 2019 OJE

Academics call on President of the Republic not to veto 2019 OJE GMN Diario Nacional, January 10, 2019 Language source: Tetun

Academics have called on President of the Republic Francisco Guterres Lu-Olo not to veto 2019 State Budget (OJE) Proposal, saying the veto will worsen the current economic situation due to protracted political deadlock.

Academic representatives from Universidade da Paz (UNPAZ), Universidade Nacional Timor Lorosa’e (UNTL), Institute of Business (IOB), Dili Institute of Technology (DIT), UNITAL, and UNDIL made the call in a meeting with President Lu-Olo on Wednesday (09/01).

“We pleaded with the President of the Republic not to veto 2019 OJE and warn him of the impacts of the veto upon Timorese people and President said he would considers all the inputs when making decision to 2019 OJE,” Academics’ spokesperson, Lucas Da Costa told reporters outside Presidential Palace after meeting with President Lu-Olo.

He said a 1-year political impasse had left many small companies shutdown their activities and also many Timorese jobless as there were no projects throughout 2018. Early this week, former President of the Republic, Jose Ramos Horta had also warned of a prolonged economic crisis if President of the Republic vetoed 2019 State Budget.

Parliament to reappraise the Petroleum Activities Law Changes, Noe says it does not need two thirds votes

Parliament to reappraise the Petroleum Activities Law Changes, Noe says it does not need two thirds votes Independente, January 10, 2019 Language source: Tetun

The National Parliament (PN) has scheduled a reappraisal of the proposed changes to the Petroleum Activities Law, which was vetoed by the President of the Republic Francisco Guterres Lu-Olo today (10/01).

On December 11, 2018 President Lu-Olo vetoed the amendments of the 2005 Law on petroleum activities. The Timorese Government proposed to amend Timor-Leste’s 2005 Petroleum Activities Law to smooth the State and its public company to participate in the Greater Sunrise Development since the law bans the nation and its public company from owning more than 20% share in a petroleum project.

The amendments of the law will also change the conditions in which money from the nation’s Petroleum Fund can be used to finance the purchase of Royal Dutch Shell and ConocoPhillips’ holdings in the Greater Sunrise gas project.

Timor-Leste’s government has agreed to buy out ConocoPhillips’ 30 percent and Royal Dutch Shell’s 26 percent stakes in the Greater Sunrise consortium for US$350 million and US$300 million, respectively after signing the purchase deals with the two companies in October and November 2018.

National Parliament President Arao Noe said all benches in parliament had agreed to discuss and vote for the new appraisal of the law on Thursday (10/01) in order to send it back to President of the Republic for promulgation.

“The National Parliament is required to do a new appraisal of the Petroleum Activities Law that President of the Republic vetoed to alter and confirm the proposed changes on the law,” Noe told reporters at PN on Wednesday (09/01).

Noe said after learning the President’s reasons for vetoing the proposed changes to the law, the proponent benches thought that the new appraisal did not require two-thirds votes of the active parliament members as written in article 88, point 3 Constitution.

Under the Timor-Leste Constitution, article 88, point 1 and 2, in the event of a Presidential veto, the law changes can be considered by the National Parliament, which has up to 90 days to confirm it by an absolute majority, then return it back to the President who is mandated to approve it within eight days.




Related Posts Plugin for WordPress, Blogger...