14 July 2014

Meeting of the Timor-Leste Council of Ministers of 8 July 2014

ETLJB 14/07/2014 Presidency of the Council of Ministers V Constitutional Government Dili, July 8th, 2014 Press Release - The 5th Constitutional Government met on July 8th, 2014, in the Council of Ministers’ Meeting Room, at the Government Palace, in Díli, and approved:

1. Decree Law approving the structure of the State Secretariat for Youth and Sports

The program of the 5th Constitutional Government favours youth and sports practice as necessary elements to improve the general well being of the population, essential for the development of the nation.

The Secretary of State for Youth and Sports - under the direct tutelage of the Vice Prime Minister Coordinator for Social Affairs, is the member of the Government responsible for the concept, execution, coordination and evaluation of the policy established and approved by the Council of Ministers, in the areas of promotion of the well-being and development of Youth and Sports.

With the aim of improving the efficiency and effectiveness of the Secretariat of State for Youth and Sports, this diploma provides a simple and flexible organizational structure for the institution, improved when compared to the previous structure and adapted to the real needs of the institution and the structure of Government.

2. Decree Law that approves the Organic Law of the Secretariat of State for the Promotion of Equality

The Program of the 5th Constitutional Government reiterates its compromise towards the principal of gender equality, established in the Constitution of the Republic, by assigning the Secretariat of State for the Promotion of Equality with the mission of ensuring compliance with this principle.

This diploma has the aim of setting a simple and flexible organic structure for the institution, allowing it to ensure that gender equality is observed in every initiative and program of the Public Administration.

3. Decree Law approving the Organic Law of the Ministry of Defence and Security

With the approval of the Organic Law for the Ministry of Defence and Security of the IV Constitutional Government, in 2008, the sectors of defence and security now have a joint ministerial structure, taking significant steps to strengthen a broader concept of national security. This joint ministerial structure even responds to the requirements of the new international strategic scenario - with new types of risks and multidimensional threats and of an internal character - which makes the boundary between defence and security a tenuous one. It therefore becomes necessary to articulate foreign policy, national defence and internal security, giving the ministry an organic and functional structure on defence and security, on which is responsive to the requirements of this new scenario.

This law updates the duties and powers of the Ministry of Defence and Security at a superior level,, according to the Organic Law of the V Constitutional Government, by adjusting it with the provisions of the National Security Law.

4. Decree-Law that approves the Procurement Framework for the Special Region of Oe-cusse Ambeno

Law n. 3/2014, from June 18th, approved the establishment of Oecusse Ambeno Special Administrative Region and established the Special Zone of Social Market Economy (SZSME), which integrates the district of Oecussi Ambeno and the sub-district of Atauro, based on a new model for administrative and financial organization, in order to ensure greater participation of the populations and greater efficiency and quality of services to citizens, businesses, tourists and researchers.

In the scope of developing the Strategic Development Plan, the SZSME is a crucial instrument to achieve the strategic objectives of industrialization, regional development and job creation. It becomes therefore necessary to create a special procurement framework which allows to expedite the process of procurement of infrastructure essential to the region, with the purpose of encouraging and promoting investment in these areas.

5. First Amendment to the Decree-Law that regulates the Infrastructure Fund

This Decree-Law, from 2011, defines that the operational manager for the Infrastructure Fund is the Board of Directors, composed by the Prime Minister, who presides it, the Minister of Finance and the Minister of Infrastructure.

Meanwhile, the entry into force of the Decree-Law approving the Organic of the 5th Constitutional Government, has given way to two ministries,, the Ministry of Public Works and the Ministry of Transport and Communications.

Thus, this law updates the composition of the Board of Directors of the Infrastructure Fund , in accordance with the Decree-Law that approves the structure of the 5th Constitutional Government.

6. Application for Judge of the International Criminal Court

The Government of Timor-Leste approved the application of PhD Maria Gusmão Pereira Natércia to one of the six seats of judge of the International Criminal Court.

This proposal takes into account the recognized professional, academic, personal and human path of the Magistrate, who currently serves at the Court of Appeal in Dili.

It should be noted that Timor-Leste is linked to this international institution for over ten years.

7. Decree-Law approving the first amendment to Decree-Law n. 15/2014, of May 14th (Organic Law for Forensic Science and Criminal Investigation)

The Scientific and Criminal Investigation Police (SCIP) was recently established as an auxiliary organ of the administration of justice to investigate serious crime, organized or complex, a function that was the competence of the National Police of Timor-Leste (PNTL).

Although the Constitution of Timor-Leste and the Code of Criminal Procedure allocate the exclusive exercise of the criminal action to prosecutors, it appears that the absence of transitional arrangements, until the final establishment of the SCIP, has raised doubts about the continuance of legal jurisdiction to investigate.

Therefore, this legislation clarifies the moment of transfer of some functions to the Scientific and Criminal Investigation Police (SCIP) to be held when this new institution is definitely installed. Therefore, pending the adoption of a ministerial order from the Ministry of Justice declaring that the SCIP is installed, the National Police of Timor-Leste (PNTL) retains its competence to for investigate serious crime, complex or organized, as well as the role of ensuring the functioning of international police cooperation.

8. Decree-Law approving the Legal Regime for Private Security

This diploma develops the regulation of the activity of private security, defining the obligations and duties of operators and surveillance personnel and the system of inspection and sanctions to apply.

It is worth remembering that the Internal Security Act foresees the existence of private security as a subsidiary and complementary function of the activity of the security forces.

The importance of this sector in the economic life of the country led, in 2010, to adopt a temporary Regime for the functioning of Private Security with the guidelines for exercising this activity, which this diploma is now developing.

9. Decree-law approving the legal regime for the import, production, trade, possession and use of bladed weapons

This law establishes the rules governing the import, production, trade, possession and use of objects or tools which could endanger public peace and tranquility.

The Council of Ministers also analysed:

1. Presentation on weather resilient communities in the Ainaro-Dili corridor (Timor-Leste and the challenge of localized natural disasters)

The Ministry of Social Solidarity, together with the Secretary of State for Public Works and the representative of the United Nations Development Program (UNDP) in Timor-Leste, presented to the Council of Ministers a program on the multisectoral approach to reduce natural disasters along the Dili-Ainaro corridor, which includes the districts of Aileu, Manufahi, Ainaro and Ermera. This program aims to prevent problems causing the vulnerability of communities, particularly farmers, counting also with the participation of the World Bank, the Global Environment Fund of the United Nations Development Program (United Nations Development Programme - UNDP Global Environment Facility - GEF) and of USAID. Source: http://timor-leste.gov.tl/?p=10266&lang=env

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