Legal and political news from East Timor.
13 June 2020
20 May 2020
JSMP lamenta no preokupa ho aktu dezorganizadu hosi deputadu sira no ejijé deputadu sira atu respeita lei nu’udár meu atu dignifika PN
JSMP preokupa ho aktu dezorganizadu ne’ebé akontese iha 18 to’o 19 Maiu 2020 iha salaun plenária Parlamentu Nasionál (PN) entre deputadu sira, bainhira Vise-prezidente Parlamentu Nasionál na’in rua, distinta deputada Maria Angelina Lopes Sarmento ho distintu deputadu Luis Roberto da Silva tenta atu okupa fatin Prezidente Parlamentu Nasionál ni’an iha Meja Prezidénsia Parlamentu nian.
Aktu ida ne’e, hamosu reasaun entre deputadu sira hosi parte Partidu-CNRT nian hodi la fó fatin ba Vise-prezidente na’in rua atu okupa kadeira Prezidente Parlamentu Nasionál nune’e hamosu distúrbiu no haksesuk malu ho liafuan no atitude ne’e la ho étika. Deputadu sira hasai liafuan ladi’ak no inklui reasaun hosi jestu fíziku ne’ebé hatudu ba malu” entre deputadu Partidu-CNRT ho deputadu Fretilin, PLP no KHUNTO.
Rhode Island National Guard sends humanitarian aid to the Bahamas and Timor-Leste
The 40 continuous positive airway pressure (CPAP) and bilevel positive airway pressure (BiPAP) machines will be converted to ventilators. The machines and conversion kits are provided under the National Guard's State Partnership Program (SPP).
The RING SPP has been working on an initiative to support its partner nations, The Bahamas and Timor-Leste, to combat the COVID-19 virus. The University of Rhode Island's assistance and donations made possible the delivery of the equipment. Full story here.
East Timor MPs in revolt as government stuck in limbo
The MPs, 18 from previous coalition partner CNRT party and one from UDT/FM, are furious Lu Olo as the President is also known, hasn’t allowed nine of their colleagues to take up their nominated positions in cabinet, two years after the 2018 parliamentary elections.
Full story at SMH
COVID-19 East Timor Update
“All the last five cases have recovered. We don’t have active cases and there is no one in isolation,” Sérgio Lobo, spokesman for the Integrated Crisis Management Center (CIGC) created by the government to deal with the COVID-19 pandemic, told reporters.
Timor-Leste registered its first case of the disease on 21 March 21, reaching a maximum of 24 cases on 24 April.
All cases in the country had mild symptoms.
From Macau Business
East Timor: fight over speaker's job descends into brawl over his chair
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| Dili - City of Peace |
East-Timor's Prime Minister has asked the Timorese people to "maintain calm" and allow the country's leaders to restore order, after Parliament devolved into pushing and shoving for a second consecutive day.
Jose Maria Vasconcellos, also known as Taur Matan Ruak, issued a statement saying people should go about their normal lives and let the leaders solve their problems.
In raucous scenes on Tuesday, the house's presiding table was literally overturned and MPs began banging on furniture to stop the day's session from going ahead. The presiding table is used by the National Parliament's president - equivalent to Australia's speaker of the house - and two vice-presidents, and represents the highest echelons of the government apart from the President and Prime Minister.
Read the full story at Sydney Morning Herald.
JSMP is concerned about the functioning of the National Parliament in early May 2020
“JSMP believes that suspending plenary meetings of the National Parliament will have a negative effect on the productivity of the National Parliament and will have a direct effect on finalising those draft laws that are pending before the National Parliament, and the State has spent a lot of funds on advisors and technicians regarding the preparation of these draft laws.
JSMP requests for the parties to respect the decision of the Court of Appeal in relation to the petition submitted by the CNRT Party
JSMP Press Release 12 May 2020 - On 5 May 2020 18 members from the CNRT Bench (National Congress for Timorese Reconstruction) through their lawyers officially submitted a petition to the Court of Appeal which is also functioning as the Supreme Court of Justice.
The aim of this process was to request a review of actions carried out by the President of the Republic which they consider to have violated constitutional obligations relating to the issue of the dismissal of the Prime Minister, the appointment of members of Government and the State Budget not being passed in the National Parliament for more than 60 days whereby the President of the Republic did not dissolve the National Parliament. These issues form the basis for the petition of the CNRT Party.
"JSMP really appreciates the actions of the CNRT members of parliament to use the courts as the appropriate channel in accordance with the law to end this political impasse. However, JSMP requests for the parties to comply with the decision of the Court of Appeal and to follow the appropriate mechanism provided in Article 79 2) & 3) of the Timor-Leste Constitution," said Ms. Ana Paula Marçal, the Executive Director of JSMP.
“It is the incumbent upon the National Parliament to initiate the criminal proceedings, following a proposal made by one-fifth, and deliberation approved by a two-third majority, of its Members (Article 79.3) if the President of the Republic commits a clear and serious violation of his or her constitutional obligations, as provided for in Article 79.2.
JSMP encourages the courts to continue fulfilling their constitutional, impartial and accountable responsibilities to ensure the credibility of this institution and to gain public confidence as a sovereign organ that has the competence to administer justice on behalf of the people, and everyone has to comply with the decisions of the courts.
The actions taken by the CNRT Bench provide a good example that other parties can follow in the future when similar problems occur, as it is important to use appropriate and correct mechanisms. Apart from the processes relating to the competence of sovereign organs to submit a petition, JSMP also encourages the public to use petitions as provided for in Article 48 of the Timor-Leste Constitution on the right to submit a petition to organs of sovereignty or any authority when a problem occurs in relation to the violation of rights, the Constitution , the law or general interests. END
11 April 2020
Tedros Adhanom Ghebreyesus tidak memiliki kapasitas dalam menjalankan perannya sebagai Direktur Jenderal WHO
Pada tanggal 23 Januari 2020, Tedros Adhanom Ghebreyesus menolak untuk menyatakan wabah virus yang berasal dari Cina sebagai keadaan darurat kesehatan global. Seperti yang kita semua ketahui, coronavirus tidak dapat diobati saat ini. Jumlah yang terinfeksi dan kematian telah meningkat lebih dari sepuluh kali lipat (terinfeksi dari 800 hingga mendekati 10.000) hanya dalam 5 hari. Sebagian dari hal tersebut terjadi karena Tedros Adhanom Ghebreyesus meremehkan coronavirus. Kami benar-benar berpikir bahwa Tedros Adhanom Ghebreyesus tidak memiliki kapasitas dalam menjalankan perannya sebagai Direktur Jenderal WHO. Kami menyerukan kepada Tedros Adhanom Ghebreyesus untuk melakukan pengunduran diri segera.
Banyak dari kita yang benar-benar merasa kecewa, kami percaya bahwa WHO seharusnya bersikap netral secara politik. Tanpa melakukan penyelidikan apa pun, Tedros Adhanom Ghebreyesus percaya begitu saja pada jumlah kematian dan kasus yang terinfeksi yang diberikan oleh pemerintah Cina kepada mereka.
Di sisi lain, Taiwan tidak boleh dikecualikan dari WHO karena alasan politik. Teknologi mereka jauh lebih maju daripada beberapa negara yang berada pada "daftar negara yang tergabung dalam WHO".
Mari bantu dunia untuk mendapatkan kepercayaan kembali terhadap PBB dan WHO!
29 March 2020
Medida ba Ezekusaun Estadu Emerjénsia
Suspende atividade halibur malu iha grupu.
Suspende atividade festa.
Suspende atividade kulturál ne’ebé halibur ema barak.
Suspende vizita mate uma iha tempu hanesan ho númeru bo’ot - másimu na’in-10 deit.
Vizita fatin komersiál tenke uza maskara taka ibun no inus.
Fase liman antes tama ba fatin komérsál hanesan loja, mini merkadu, supermerkadu, no merkadu.
Mantein distánsia mínimu metru ida iha fatin komersiál sira temi iha leten.
Source: https://timornews.tl/TL/Notisia/3329
East Timor repors first COVID-19
East Nusa Tenggara closes border with Timor Leste over coronavirus fears
COVID-19 provokes xenophobia in East Timor
Government presented to the National Parliament the contingency plan to prevent the coronavirus outbreak
East Timor Parliament unanimously approves state of emergency
The support was expressed, by name, by all 64 deputies present, after all the benches made political statements in favour of the arguments presented by the head of state, Francisco Guterres Lu-Olo, and defended in parliament by the prime minister, Taur Matan Ruak.
The period of the state of emergency begins at midnight on 28 March (3 p.m. on 27 March in Lisbon) and ends at 11.59 p.m. on 26 April (2.59 p.m. in Lisbon).
East Timor reported its first COVID-19 case on 21 March 2020.
East Nusa Tenggara closes border with Timor Leste over coronavirus fears
COVID-19 provokes xenophobia in East Timor
Government presented to the National Parliament the contingency plan to prevent the coronavirus outbreak
26 March 2020
East Nusa Tenggara closes border with Timor Leste over coronavirus fears
The government of Timor Leste has expressed support for East Nusa Tenggara's (NTT) decision to temporarily close its border checkpoints to prevent the spread of the coronavirus, Antara news agency reported.
"We strongly support the move as it would protect both the Timor Leste and NTT people from COVID-19 exposure," the Timor Leste consul in Kupang, Jesuino Dos Reis Matas C, is reported to have said during a meeting with NTT Governor Viktor Bungtilu Laisdokat, as quoted by Antara.
Jesuino assured that the government was implementing strict health checks on inbound visitors.
It was agreed during Monday's meeting that the border would be closed for two months. Timor Leste, however, expressed hope the policy would not affect the distribution of staple food and fuel oil to the country through border areas.
NTT administration spokesperson Marius Ardu Jelamu said on Saturday that the administration would soon issue a decree to regulate the posts' closure.
"All of the posts will be guarded by security officers. This move is to be taken to prevent the spread of the virus," Marius said.
See also on ETLJB
Government presented to the National Parliament the contingency plan to prevent the coronavirus outbreak
East Timor confirms first case of COVID-19
COVID-19 provokes xenophobia in East Timor
East Timor confirms first case of COVID-19
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The ministry said the patient posed little risk to the public, as he immediately consulted with doctors after showing symptoms of the coronavirus.
“He isolated himself immediately after contacting doctors,” the ministry said in an official Facebook post, without giving details of where the patient travelled from.
COVID-19 provokes xenophobia in East Timor
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| Minister for Legislative Reform and Parliamentary Affairs Fidelis Magalhães |
“I am very sorry to hear of these things happening. The government will make every effort to contain and end these isolated acts. We have to encourage and promote more the spirit of solidarity, especially in the face of these difficult issues,” he said.
Several foreign nationals have in recent days reported to Lusa incidents, none of them serious, in which they were intimidated by locals, including the use of the expression “korona malae”, the second word being commonly used to refer to foreigners.
On 23 March 2020, Lusa reports also that several Chinese traders in East Timor felt obliged to close their shops due to intimidation, despite the fact that the Chinese business community in Timor had organised a fundraiser to support families affected by the 13 March floods in the capital.
Similar intimidation was also felt in Baucau, the country’s second city, by teachers from Portugal stationed there, prompting Portugal’s ambassador to order them to go to Dili.
Among reports by teachers were a series of false rumours circulating over the weekend that tried to relate the first confirmed case of COVID-19 and another suspected in or arising from Baucau to malae.
In 2004, then President Gusmao has called on members of the legal system to "strip themselves of all kinds of xenophobia," adding that East Timor's development depends "on a policy of openness to foreign investment and on the application of a justice system that is honest, impartial and professional."[1]
[1] Countries at the Crossroads 2004 - East Timor, 2004, available at: https://www.refworld.org/docid/473868f0c.html [accessed 26 March 2020]
See also on ETLJB Government presented to the National Parliament the contingency plan to prevent the coronavirus outbreak
18 February 2020
Committee A of the National Parliaments organised a public consultation on the Draft Law on Local Power and Administrative Decentralization and the Municipal Elections Law
JSMP Press Release 17 February 2020Committee A of the National Parliaments organised a public consultation on the Draft Law on Local Power and Administrative Decentralization and the Municipal Elections Law in Covalima Municipality. This consultation was attended by local authorities, municipal directors, village chiefs, representatives of the business community and representatives of political parties in the aforementioned municipality.
When introducing these two laws the President of Committee A, MP Carmelita C. Moniz, stated that it is important to hold a consultation regarding the Draft Law on Local Power and Administrative Decentralization and the Municipal Elections Law. Therefore, it is necessary to hear the thoughts of all parties to produce a good quality law that reflects everybody's interests. The aforementioned MP also stated that these two laws were vetoed by the President of the Republic, Mr. Francisco Guterres Lu-Olo, during the third legislature. The President of the Republic stated that the reason for the veto was that Article 50.2 of the aforementioned Draft Law did not fulfil legal and democratic requirements and the President of the Republic stated that all members of municipal assemblies need to be elected through elections.
“JSMP really appreciates the National Parliament, particularly Committee A, for promoting public participation in the law making process to ensure that the laws produced by the National Parliament reflect the reality and interests of all people,” said the Acting Director of JSMP, Casimiro dos Santos.
JSMP also believes that when Timor-Leste implements administrative decentralization there is the potential for corruption to flourish, therefore it is important for the National Parliament to concentrate and produce a Law Against Corruption first and foremost before engaging in the total decentralization of State administration. Therefore, the State, in particular the Public Prosecution Service and Anti-Corruption Commission (CAC), will have sufficient power to prevent and combat corruption.
12 February 2020
CNRT will negotiate new government only if president swears in Ministers
ETLJB - The constitutional crisis that has been simmering in East Timor for the last three years continues to dog the country's development. The President has refused to appoint Prime Minister Taur Matan Ruak's nominations for several portfolios in his government.LUSA reports on February 11, 2020 that the National Congress of East Timor Reconstruction (CNRT), the largest party in the coalition of East Timor’s government, will only consider negotiations on a new executive if the president, Francisco Guterres Lu-Olo, retreats and swears in the ministers of the party.
Duarte Nunes, the head of the CNRT, told Lusa that this change of position on the president is a precondition for the political force, led by Xanana Gusmão, to accept any new executive.
“The condition imposed by the party is that if we form another government, the president must swear in the list of ministers that the prime minister presented. It is the only condition that is imposed,” said Duarte Nunes in a statement to Lusa.
This failure of Parliament to pass the budget comes after months of criticism by CNRT of Lu-Olo’s decision to refuse to swear in more than a dozen members of the government, the majority of Xanana Gusmão’s party.
Read the full story here.
In the Matter of a Review to Develop the Quality of National Law
Submission to the Faculty of Law, Universidade Nacional Timor Lorosa’eIn the Matter of a Review to Develop the Quality of National Law
Author: Mr. Warren Leslie Wright BA LLB Dip Leg Prac
Solicitor, Proctor & Attorney-at-Law
Supreme Court of New South Wales
High Court of Australia Principal, Wright Law & Justice
INDEX
Paragraph Title Page
Objective of Study and Acknowledgements 1
Introductory Remarks 1
Further Prefatory and Contextual Observations 2
The Constitutional Framework of Law Creation: Constitutional Democracy 2
The President 2
The Supreme Court of Justice 2
The National Parliament 3
Legislative initiative 3
Executive Law Making 3
The Ministry of Justice and the Ministry of Legislative Reform and
Parliamentary Affairs 3
Observation 3
Part 1 Looking Forward: A Theory for Legislative Drafting Including A Practical Problem-Solving Methodology for Democratic Transformation 4
Introduction Unique Legal History of East Timor 4
11 February 2020
Concern grows regarding lack of identified coronavirus in Indonesia - Implications for East Timor
A study by a group of Harvard University researchers found it was statistically unlikely the virus was not in Indonesia.
Australia's health authorities were "closely watching what happens in Indonesia".
"Obviously, it is somewhat surprising that there are no cases," the Australian government's Chief Medical Officer Brendan Murphy said.
The report appeared in the 11 February 2020 edition of the Sydney Morning Herald. The full article may be read here.
The World Atlas map shows the territorial boundaries between Indonesia and East Timor; most of the border has been formally settled though a few disputed points remain.
The circumstances raise questions about the potential transmission of the corona virus into the East Timorese population and the yet unknown risk of exposure to the corona virus.
Xanana Gusmão: "For great evils, great remedies": Early elections to resolve the Timorese crisis
WARNING MACHINE TRANSLATION ORIGINAL HERE Lusa 8 de Fevereiro de 2020, 17:16 East Timorese historical leader Xanana Gusmão defended this Saturday that holding that early elections is the “fair and democratic” solution to resolve the political impasse in the country after the lead of the State Budget for 2020."The informal analysis of the CNRT [National Congress for the Reconstruction of Timor-Leste] is that early elections are the fair and democratic solution to resolve the situation," said Xanana Gusmão, president of the largest party in the Government coalition, in an interview with GMN television.
"At the end of the process, if the President of the Republic, after listening to everyone, says that there is no solution, that there is no consensus among the parties, I feel that the solution is early elections", he defended.
Insisting that it is only an “informal analysis” and stating that he does not want to “influence anyone”, respecting the actions of the President of the Republic, Xanana Gusmão - interviewed in Tetum - he resorted to a proverb in Portuguese: “For great ills, great remedies ”.
Another solution, which involves a new Government, requires the current Prime Minister to resign, he explained, or to dissolve the Parliament if the General State Budget is not approved within 60 days "from the 1st of January".
Corona virus: Australia denies entry to travellers from China
Travel Restrictions – effective immediatelyThe Australian Government has announced that as of 1 February 2020, all travellers arriving from any part of mainland China, regardless of nationality, will be subject to enhanced border control measures to ensure the health, safety and well-being of the Australian community.
Australia will deny entry to anyone who has left or transited mainland China from 1 February, with the exception of:
The Straights Times reports lack of identified corona virus in Indonesia a cause for concern
"Infected people who are asymptomatic and don't get sick do not see a doctor. Those who develop flu but are scared of being quarantined or receiving special treatment may also not see a doctor," said Professor Gusti Ngurah Mahardika, head of the Animal Biomedical and Molecular Biology Laboratory at the Udayana University in Bali.The Straights Times reported on 9 February 2020 that the lack of any identified corona virus infections in Indonesia does not mean that corona virus has not reached Indonesia.
The report cites Indonesian healthcare practitioners stating that they do not rule out the possibility the virus may have already entered the vast archipelago and is lurking among the 260-million population, but remains undetected and unreported. As of Friday, Indonesia's Health Ministry has put the number of suspect cases at 50, of which 49 have tested negative and the remaining one is pending results.
The full report may be read here, only in English unfortunately.
What does this mean for Timor-Leste? Australia and Singapore, and other countries, have closed their borders to entry by travellers from China and isolating any persons known to have a risk of exposure.
Corona virus: reiteration of WHO advice to reduce exposure and transmission
WHO's standard recommendations to the general public to reduce exposure and transmission to the coronavirus and a number of other diseases, are as follows, and include respiratory and hand hygiene and safe eating practices:Clean your hands frequently with a alcohol-based disinfectant solution on with soap and water;
When coughing and sneezing, cover the mouth and nose with your bent elbow or a handkerchief -
Throw away the scarf immediately after use and wash your hands;
Avoid close contact with those who have fever and cough;
If you have fever, cough and difficulty breathing, seek medical attention in advance and share the history of previous trips with your doctor;
When visiting markets avoid unprotected direct contact with live animals and surfaces in contact with animals;
Consumption of raw or undercooked animal products should be avoided.
Raw meat, milk or animal organs should be handled carefully to avoid cross-contamination with uncooked foods, in accordance with good food safety practices.
Meeting of the Council of Ministers of 5 February 2020
Meeting of the Council of Ministers of February 5, 2020
The Council of Ministers met at the Government Palace in Dili and heard a presentation of the Minister of Legislative Reform and Parliamentary Affairs, Fidelis Manuel Leite Magalhães, on the Public Administration Reform Program. This program presents a set of administrative reforms aimed at strengthening the management and improvement of the functioning of the Ministries and Agencies of the Central Government.
The Minister of Legislative Reform and Parliamentary Affairs also made a presentation to the Council of Ministers on the Draft Law on the approval of the Legal Regime of Social Security of Holders of Organs of Sovereignty. This legal regime seeks to promote the exercise of the right to social security on an equal footing, valuing the contributory career of former members of sovereignty institutions.
The Council of Ministers also heard a presentation on a Draft of Law presented by the Minister for Legislative Reform and Parliamentary Affairs regarding Legislative Authorization on the General Bases of the Organization of Public Administration.
The Acting Finance Minister, Sara Lobo Brites, presented the government deliberation project, approved by the Council of Ministers, on the budget ceiling for February under the duodecimal regime. The total amount of expenditure for salaries and salaries will be USD 17 852 076, for goods and services will be USD 38 614 980, for public transfers will be USD 26 591 048 and for development capital will be USD 33 390 953, totaling USD 116 449 057.
The Council of Ministers approved the Draft Resolution, presented by the Minister of Justice, Manuel Cárceres da Costa, on the allocation of residence to former holders of sovereignty bodies, former President of the Republic and former Prime Minister, Kay Rala Xanana Gusmão, former Prime Minister Marí Bim Amude Alkatiri and former President of the National Parliament, Vicente da Silva Guterres.
Government presented to the National Parliament the contingency plan to prevent the coronavirus outbreak
04 of February of 2020, 12:53hThe Minister of Foreign Affairs and Cooperation, Dionísio Babo Soares, accompanied by the Acting Minister of Health, Élia dos Reis Amaral and the Minister of Defense and Acting Minister of the Interior, Filomeno da Paixão de Jesus, went to the National Parliament to present to the National Parliament the Government’s contingency plan to prevent the outbreak of the new coronavirus, 2019-nCoV.
The World Health Organization (WHO) declared on January 30 an international public health emergency situation (PHEIC) because of the outbreak of the new coronavirus, whose epicenter is the Chinese city of Wuhan.
The WHO registers, up to February 3, a total of 17 391 confirmed cases of coronavirus, of which 17 238 are in China, representing 99% of all reported cases worldwide. In all, 362 people lost their lives due to the coronavirus, 361 in China and one person in the Philippines.
The symptoms identified are fever, cough, difficulty breathing and shortness of breath.
To date, there are cases of coronavirus in 23 countries besides China: Japan, Republic of Korea, Vietnam, Singapore, Australia, Malaysia, Cambodia, Philippines, Thailand, Nepal, Sri Lanka, India, United States of America, Canada, France, Finland, Germany, Italy, Russia, Spain, Sweden, the United Kingdom and the United Arab Emirates.
ETLJB blog exceeds 2 million page views
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| ETLJB exceeds 2 million page views |
In my previous post, I explained that the associated Facebook page for this site has been deleted and that a new focus would be on this blog.
As I noted there, I have not paid attention to this blog for far too long.
When checking the statistics today, I noted that the blog had exceeded 2 million page views.
And so it is timely to refocus on this blog and I look forward to my future work here.
I hope that my work, though often provocative and sometimes offensive to conventional thought, keeps attention on the legal issues in East Timor and inspires other perspectives on the many social problems facing the nation.
Click the image for a legible view.
ETLJB Facebook page deleted - Reactivation of ETLJB Blog
"Ever since the day I first landed in Dili in an RAF Hercules, on a rainy December day in 2000, ever since I sat and listened to my East Timorese friends recount their harrowing experiences under the Indonesian occupation, ever since I realised that the most horrifying genocide of my time had occurred right under my nose and I did not pay attention,..."Dear ETLJB Readers
I have long neglected this page in favour of Facebook. Facebook permitted sharing of any East Timor-related online material and is much easier to use. And there were more than 4000 followers on the facebook page but very little online interaction there. So it has been deleted.
The privacy invasions and waivers that we have to give to corporations like Facebook, who serve no good social purpose, are too much of a compromise of our dignity and I've decided that that kind of thing is most unsuitable for what I seek to achieve.
Instead, this ETLJB blog page will be reactivated.
I have held a rather intense interest in East Timor since I was part of UNTAET and spent almost 5 years living and working in Dili with some travel to the Districts.
My experience of East Timor was transformational and profound. It gave my life a meaning that I had never anticipated and set my working life on a path that was never planned.
Of course, I regret none of that.
Ever since the day I first landed in Dili in an RAF Hercules, on a rainy December day in 2000, ever since I sat and listened to my East Timorese friends recount their harrowing experiences under the Indonesian occupation, ever since I realised that the most horrifying genocide of my time had occurred right under my nose and I did not pay attention, my intellectual and personal considerations of this small nation of brave people, burdened by the unimaginable terror of the genocide, inspired me like nothing else.
When I realised the dramatic transformation of the revolution and the countless sacrifices made by so many East Timorese, I was astonished. I remain astonished to this day, if not stronger than ever before.
The East Timorese people have taught the world a great lesson and their legacy will endure forever.
Warren L. Wright BA LLB
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