04 November 2014

FRETILIN Communique regarding the East Timor Parliamentary Resolution to Dismiss Foreign Jurists

ETLJB 04/11/2014 From th Fretilin National Political Committee -The National Political Committee of FRETILIN met extraordinarily on 3 November 2011, chaired by the President Francisco Guterres Lu-Olo and co-chaired by the party General Secretary Dr. Mari Alkatiri. The meeting also took in the participation of the National Caucus of FRETILIN Members of the National Parliament.  After discussing at length the current political-institutional situation in Timor-Leste, and, after a detailed and thorough analysis, the NPC declared as follows: 
FRETILIN reaffirms: 

1.         The party’s unequivocal and determined position of intransigently defending the Democratic Rule of Law with all the values and principles enshrined in the Laws and Constitution of the Democratic Republic of Timor-Leste (“RDTL”).

2.         Its willingness to continue contributing to the development of the capacity of State institutions, particularly the constitutional sovereignty bodies.

3.         Its clear position that the principle of solidarity and interdependence in the functioning of the constitutional bodies and must be understood within the framework of the principle of respect for each body’s powers as defined in the Constitution of the RDTL.

 4.         That the political and legislative constitutional sovereignty bodies, in their acts, should prioritize the strengthening of their own capacities and in the enactment of laws and regulations.  In their actions they should also manifest their concern to ensure that the legal framework is in harmony, is clear and easy to interpret, and an administration that acts within its powers and where a high degree of justice a Good Governance prevails.

5.         The President of the Republic should assume his functions in a way that safeguards the Constitution and the normal functioning of the institutions of the State and not permit that there is interference by one constitutional sovereignty body with another.

6.         That the Courts, the Public Prosecution Office, the whole system that has to exercise judicial functions have the right to demand of the Political Constitutional Sovereignty Bodies the necessary means and resources to allow them to discharge their functions with independence and competence.

7.         That the Courts, the Public Prosecution Office has available the respective Superior Councils to act, on their own initiative, or by way of a request from other Constitutional Sovereignty Bodies or the citizenry to proceed with any inspections or audits regarding the internal functioning and to take appropriate disciplinary decisions to correct any errors made.

 The National Political Committee of FRETILIN:

A. Considers that institutional fragility is a universal reality with respect to all institutions, and it should not be expected that the justice system be an island amidst an ocean of ineffectiveness and inertia and mismanagement of the abundance nation has, and abuse of power that, in the end, will end up causing political, economic and social damage for the whole country and of the inappropriate appropriation of the public funds;

B. Thus, considers it urgent to prioritize the restructuring and readjustment of all public institutions, developing a policy of training and capacity building of the human resources and of the institutions themselves;

C. Considers it extremely urgent that the National Parliament approve new standing orders that regulates its functioning so as to make the National Parliament authentically representative of the will of the people and the nation, and truly independent;

D. Also considers it urgently necessary that there be a reshuffle of the Government so as to make it smaller and more competent in the implementation of the Plans and Programs to better serve.
As regards the Courts, the Public Prosecution Office and all the institutions that have been empowered to exercise judicial functions, FRETILIN believes that:

I.          That this sector of the highest importance needs greater attention from the whole of the State to make it more capable of exercising its functions, subjugating itself only to the Constitution, the laws and the conscience of its professionals.

II.         No other Constitutional Institution should consider itself to have the right to intervene in matters regarding the internal organization of the sector, especially, with the Courts and the  Public Prosecution Office, lest this place the political system and Democratic Rule of Law at risk.

a.         Makes an urgent appeal to the President of the Republic to take up his constitutional role and ensure the normal functioning of the Constitutional Sovereignty Bodies and State institutions.

b.         Demands that the National Parliament stop purporting to deliberate on issues that have nothing to do with their powers as embodied in the Constitution.

c.         Urges the Government and the Prime Minister not to exceed the limits of their powers and to support the Justice Sector, and to avoid making decisions that simply contribute to inhibit the justice professionals and that causes institutional conflicts. Dili, on November 3, 2014.


Further information may be sought from Harold Moucho, on +670 7732 6984 
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