East Timor Legal Information Site
LEGAL NEWS 2002 - 2005
LEGAL NEWS 2005
26 AUGUST 2005 COUNCIL OF MINISTERS APPROVES LEGISLATION ON OIL EXPLORATION
The Council of Ministers on Wednesday approved the legislation for public tender for the exploration of Timor-Leste oil resources. According to the media communiqué, the first session to unveil the opening of the public tender for the international community is scheduled for 2 September with the participation of Prime Minister Alkatiri. The Council also discussed the preliminary documents on the proposed legislation for the certification of advocacy training, proposed legislation about cheques, proposed legislation against domestic violence and food provisions as well as the decree legislation on support centers for victims of domestic violence. (26/08/2005 Diario, Timor Post, Suara Timor Lorosa'e, Televisao Timor-Leste, Radio Timor-Leste)
-----
East Timor hindered by legacy of corruption By Tim Colebatch Economics editor Sydney July 27, 2005 - The International Monetary Fund has warned the East Timor Government that corruption and incompetence in its fledgling bureaucracy are hampering the private sector development it needs to make the most of its oil and gas wealth.
In broadly favourable reports released overnight, the IMF praised East Timor for setting up a Petroleum Fund - so that its oil and gas wealth will be invested and not spent - and welcomed new legislation on
land, insurance, and domestic and foreign investment.
But the IMF raised concerns over "ambitious" spending plans, warned that wage levels were well above those in Indonesia, and urged the Government to focus on creating a better environment for business.
It also warned against creating a national oil company, as the Government plans, urging it to "carefully weigh the costs and benefits".
One report by IMF staff focused on impediments to private sector growth, including an incomplete legal framework, a lack of trained local judges, an inadequate bureaucracy, and corruption.
"Anecdotal evidence suggests that the limited competence of civil servants that deal with business, and the legacy of corruption in business-public sector interactions create an unfavourable environment to set up and effectively operate a private enterprise in Timor-Leste," the report stated.
"Empirical evidence suggests that reducing the number of administrative procedures required to start a business, shortening the time elapsing between them, and limiting the required direct contacts with public administration officials have positive impacts on economic growth."
Overall, the IMF was positive. It highlighted the gradual flow of key legislation and reasonable economic settings, and praised the Petroleum Fund that will invest East Timor's oil and gas royalties, with those investment earnings going into the budget.
"The country is successfully transitioning from post-conflict status to relative calm," summed up IMF directors. "However, the economy remains fragile. Unemployment is high, 40 per cent of the population lives below the poverty line, and social indicators are poor. Human capital remains scarce, physical infrastructure inadequate and financing opportunities limited."
The report shows just how fragile East Timor's economy is. Oil and gas royalties and taxes account for two-thirds of budget revenue. Non-oil GDP is less than $500 million, and the exit of UN forces and officials is largely offsetting any domestic growth.
The IMF urged East Timor to cut recurrent budget spending quickly to sustainable levels, apply caution to wage rises, and focus on reducing obstacles to private sector development.
"Looking ahead, the pace and quality of economic development will depend on Timor-Leste's ability to manage its new oil/gas wealth effectively, and on (establishing) the environment needed for investment and growth in the non-oil sector", it said.
Staff urged the East Timor Government to "spend, but spend wisely", by investing in infrastructure, health and education.
http://www.theage.com.au/news/business/east-timor-hindered-by-legacy-of-corruption/2005/07/26/1122143841743.html
------
LEGAL NEWS 2004
28 DECEMBER 2004 CLAUDIO XIMEMES : JUSTICE SECTOR PROGRESSES IN 2004
President of the East Timor Court of Appeal Claudio Ximenes told the media recently that the justice sector, especially district courts, has progressed in 2004. This, he said, had to do with the fact that in September international judges came to offer their services in all district courts.
"Until September around 600 cases in all district courts were almost settled", Ximenes said. "The process of cases has been well handled by international judges since they have good skills, and are well prepared for the job". In addition, Ximenes also said that in 2004 there has been good progress in the training programme for lawyers. "Around 60 Timorese took part in the training, which started in September. Currently, an assessment of the training has been carried out, and the results are expected to be announced in January next year", said Ximenes. (STL 28/12/2004)
-----
20 DECEMBER 2004 TIMOR'S CABINET APPROVES NEW PETROLEUM LAW
Timor-Leste’s cabinet has passed a landmark petroleum law opening the door to foreign companies seeking oil and gas exploration licences and will create millions of dollars in revenue for the impoverished nation. A statement released by Timor’s Cabinet said the legislation will allow international energy firms to begin exploring the tiny Southeast Asian nation’s on and offshore oil and gas reserves. Timor-Leste’s Secretary of State, Gregorio de Sousa, said the legal framework, which will be endorsed by Parliament in the next few weeks, would create a transparent, competitive and stable model for the development of the nation’s resources. Timor-Leste, one of Asia’s poorest nations, is looking to the energy sector as its major source of income with potentially billions of dollars of revenue available. (20/12/2004 AFP, Lusa)
COUNCIL APPROVES PROPOSED BILL ON SUPERIOR COUNCIL OF DEFENCE AND SECURITY
The Council of Ministers last Thursday approved the proposed bill on Superior Council of Defence and Security, presented by Prime Minister Mari Alkatiri. The bill defines the attribution and competence as well as the structure and the function of the Consultative Body for the President of the Republic. It would be soon submitted to the National Parliament for consideration. (Timor Post 20/12/2004)
-----
03 DECEMBER 2004 PARLIAMENTARIANS VOICE CONCERNS OVER DEMONSTRATIONS LAW
The Minister of State Administration, Ms. Ana Pessoa and the State Secretary of Parliamentary Issue, Mr. Antoninho Bianco presented a demonstration law to the National Parliament, December 2nd to be approved as a permanent law. The law limits the distance of demonstrators to approach any important buildings to 500 meters away. Certain parties complained that the above article limited the population from expressing their opinions and may lead to future instability in Timor-Leste. (Timor Post 3/12/2004)
-----
01 DECEMBER 2004 NATIONAL PARLIAMENT DEBATES EX-COMBATANTS & FALINTIL VETERANS LAW
The president of the National Parliament, Mr. Fransisco Guterres alias Lu-Olo said that the parliament through a temporary commission conducted a debate on Monday, November 29th to define concrete data in order to establish the law about ex-combatants and veterans Falintil. Mr. Guterres said that the debate was based on an evaluation report sent to the president by the commission. He also said that the law is to regulate the ex-combatants and veterans as well as to recognize the value of their works made in the past. (STL 01/12/2004)
-----
7/8 JULY 2004 UNIVERSITY OF SAN FRANCISCO SCHOOL OF LAW CONDUCTS WORKSHOP ON THE THEORY AND PRACTICE OF LEGISLATIVE DRAFTING IN THE NATIONAL PARLIAMENT OF TIMOR-LESTE
The University of San Francisco School of Law's Center for Law and Global Justice conducted a 2-day workshop with the National Parliament of East Timor on 7 - 8 July 2004. The subject of this workshop was The Theory and Practice of Legislative Drafting. This workshop built upon previous workshops on the theory and practice of legislative policy and drafting conducted with the Plenary of the Parliament and the Parliamentary Specialised Commissions that commenced in 2002. Four workshops with the Plenary of the Parliament and 6 workshops with the Commissions have now been conducted under this program.
The Legislative Drafting Initiative was developed by the University in response to requests from Deputies of the National Parliament to develop their legislative policy and drafting capacity. Its basis is a methodology for legislative drafting for democratic social transformation in developing countries. The USF implemented Legislative Drafting Initiative in the Timor-Leste National Parliament is a part of The Asia Foundation's Access to Justice and Legislative Development Program in East Timor.
-----
24 JUNE 2004 EAST TIMOR COUNCIL OF MINISTERS 78TH MEETING : NEW DRAFT LAWS
Organic Statute for Ministry of Transport, Communications and Public Works
The Council of Ministers made a preliminary evaluation of a draft Organic Statute of the Ministry of Transport, Communications and Public Works presented by the relevant Minister. The Council of Ministers decided to continue its analysis at subsequent meetings.
Law on Immovable Properties - Private Leases
Following the decision of the 16 June 2004, the Council of Ministers further discussed a draft Law on the Juridical Regime on Immovable Property – Part II: Leases between private individuals, presented by the Minister for Justice. This draft contemplates guaranteeing juridical security in the context of contractual relations pertaining to the leasing of immovable properties between private individuals for the promotion of social peace and incentives for national and foreign investment. The approved draft, in accordance with the constitutional rules will now be sent to the National Parliament for evaluation and approval.
Law on Immovable Properties - Leasing of State Properties
In conformity with the decision of 10 June 2004, the Council of Ministers further discussed a draft Decree Law on the Juridical Regime on Immovable Properties – Part II: Leasing of Immovable Properties in the Private Domain of the State. The Council of Ministers decided that the draft needed revision and would be reviewed and presented to the Council for approval at its next meeting.
Amendment of Judicial Magistrates Law
The CoM discussed and approved a draft Law on the Amendment of the Judicial Magistrates Statute presented by the Minister for Justice. The amendment has the objective of creating a mechanism for the more efficient and effective mode and good functioning of the judicial system. Now approved, the draft will, in accordance with the constitutional rules, be sent to the National Parliament for evaluation and approval.
-----
16 JUNE 2004 EAST TIMOR COUNCIL OF MINISTERS CONSIDERS NEW DRAFT LAWS
The following draft legislation was considered by the East Timor Council of Ministers at its meeting of 16 June 2004:
1. Government Decree on the procedures and rules for Licence Concessions to Operate Funeral Agencies presented by the Prime Minister – preliminary evaluation; further evaluation at future meetings;
2. Law on the Juridical Regime on Immovable Properties – Part II: Leases between Private Persons presented by the Minister for Justice. This draft contemplates guaranteeing juridical security in the context of contractual relations pertaining to the leasing of immovable properties between private individuals for the promotion of social peace and incentives for national and foreign investment. The CoM decided that the draft as presented needed to be revised and would be presented for approval at subsequent meeting of the CoM.
3. Decree on the Regulation of the National Directorate of Prisons Services and Social Reinsertion presented by the Minister for Justice. This proposal contemplates the definition of the attributes and competencies of the Directorate already approved by Decree No 3/2003 of 29 October that defines the organic structure of the Ministry of Justice. The CoM decided to continue its analysis at subsequent meetings.
-----
29 MAY 2004 UNIVERSITY OF SAN FRANCISCO COMMUNITY LEGAL EDUCATION WORKSHOP ON THE LABOUR CODE OF EAST TIMOR
The University of San Francisco conducted the second of a series of legal workshops under its community legal education program in East Timor on 29 May 2004. The subject of this workshop was the Labour Code of East Timor (UNTAET Regulation No 05/2002. Participants were local leaders, representatives of workers' organisations and students. The speakers at this workshop were:
1.
Mr. Jose da C. da Costa, Director of the Confederation of East Timorese Unions;
Mr. Jose da C. da Costa, Director of the Confederation of East Timorese Unions;2.Mr. T.I.M. Nurunnabi Khan, Liaison Officer of the Dili Office of the International Labour Organisation; and
Mr. T.I.M. Nurunnabi Khan, Liaison Officer of the Dili Office of the International Labour Organisation; and3.Mr. Eusebio Guterres, Deputy of the National Parliament of Timor-Leste.
Mr. Eusebio Guterres, Deputy of the National Parliament of Timor-Leste.Presentation No 1 Labour Dispute Resolution Mechanisms
The first presentation was by Mr. Jose da C. da Costa, Director of the Confederation of East Timorese Unions, whose presentation was an account of the labour dispute resolution mechanisms as set out in UNTAET Regulation No 5 of 2002 on the establishment of a labour code for East Timor; particularly, section 26 regulating conciliation and mediation. Mr. da Costa outlined the role of the Secretariat for Labour and Solidarity and labour organisations in the dispute resolution processes and gave several examples of prominent disputes such as the Chubb/World Bank case and the Perkins Shipping case.
Presentation No 2 ILO Conventions pertaining to women workers
The second presentation was delivered by Mr. Nabi Khan, ILO. Mr. Khan outlined the principle general ILO pertaining to the abolition of forced labour, freedom of association and collective bargaining, equal opportunity and equal pay, vocational training, social security, work conditions, the prevention of accidents in the workplace, and migrants and other vulnerable workers. He also described those conventions of the ILO specifically relating to women workers; namely, Conventions 100 and 111 on equal pay for work of equal value and the abolition of discrimination based on sex, as well as provisions on the protection of pregnant women workers from exposure to hazards in the workplace and general maternity protection. Other conventions on night work, part-time work, and home workers, being areas which most affected women’s work were also detailed.
Mr. Khan noted that Timor-Leste was a member of the ILO and that these conventions provide a basis for national level authorities to implement the principles contained in these conventions
Presentation No 3 Basic Workers’ Rights and Workplace Safety
The third presentation was given by Mr. Eusebio Guterres, Deputy of the National Parliament of Timor-Leste who discussed the provisions of the Constitution and the Labour Code that establish basic workers’ rights in particular, those rights set out in Article 10, the special modalities for women workers in Article 11, working conditions set out in section 13 and the procedures for termination of contracts of employment set out in Chapter IV. He also discussed the issue of workplace safety and compensation for work-related injuries.
The University will continue its community legal education program in other Districts over the coming months.
Warren L. Wright
USF Program Manager
-----
EAST TIMOR COUNCIL OF MINISTERS APROVES DRAFT BUDGET LAW, DRAFT DECREE ON POSTAL SERVICES AND CONSIDERS DRAFT CIVIL REGISTRATION CODE AND TIMORENSE PENAL CODE
State Budget Bill
At the 75th Meeting of the First Constitutional Government of the Democratic Republic of Timor-Leste, the Council of Ministers discussed and approved the draft Budget Law and its annexures as presented by the Minister of Planning and Finances. The purpose of this draft law is to approve the General State Budget for the 2004-2004 Fiscal Year. The total of this budget is $75.1 million and is an increase of 0.6% of the current fiscal year budget of $74.6 million. The approved draft, in accordance with the constitutional rules, will be sent to the National Parliament for appraisal and approval.
Draft Decree Law on Postal Services
In accordance with the decision of 14 May 2004, the Council of Ministers discussed and approved a draft Decree-Law on the Bases of the Postal Service presented by the Minister for Transport, Communications and Public Works. This proposal is directed to the regulation of postal services that are important for the promotion and growth of the economy of the country and for the development of its social fabric and at the same time guarantees citizens access to communication and information through several means. The draft, now approved, will be sent to the President of the Republic in accordance with the constitutional rules, for promulgation.
Draft Civil Registration and Penal Codes
The Council of Ministers made a preliminary appraisal of a draft Civil Registration Code and a draft bill for a Timorese Penal Code presented by the Minister for Justice. The Council decided to continue its analysis of these drafts at its next meetings.
-----
Timor-Leste International and Local Media Monitoring April 28, 2004
STL
Delegation from Kuwait to visit TL, says PM
Returning from an official visit to Kuwait the Prime Minister, Dr Mari Alkatiri, said that a delegation from Kuwait will visit Timor-Leste and to participate in the Timor-Leste Development Partners Meeting (TLDPM) on May 17-19. The Prime Minister said that members of the Government of Kuwait from the development area and petrol company will visit the territory. Dr Alkatiri said that the Government of Kuwait wants to support the Government of Timor-Leste with its National Development Plan in the areas of education, agriculture and health.
L-7 threatened Police
The Minister of Interior, Rogerio Tiago Lobato, said that Cornelio Gama, known as L-7 (ex-Falintil fighter), does not have the right to threaten the National Police, just because he fought in the liberation war. The Minister said otherwise he will be arrested in accordance to the law of this country. Mr Lobato said that L-7 used a Government vehicle for a weekend outing to Same, without the proper documentation required to travel. The Minister said that L-7, who used to be the Police adviser, no longer holds the portfolio, because the only thing he did was to worry about his salary and never presented an internal report.
Illegal border crossers cause rifts between TL and TNI
The National Police Commissioner, Paulo de Fatima Martins, said that the recent violence that constantly occurs on the border between Timor-Leste and Indonesia is because of the constant people crossing from Timor-Leste. The Police Commissioner gave an example of recent events citing the four Timorese who were detained by TNI not long ago for not having the proper travel documents from the police, and were later released. Mr Martins said that 20 Indonesians were arrested for crossing the border to TL without official documents when they were attending the funeral of a family member. The Commissioner said that only one crossing point gate is operating at the moment on the border while the other check points are under police patrol by both countries.
Timor Post
Police do not act brutally, says Lobato
The Minister of Interior, Rogerio Tiago Lobato, said that the National Police Force (PNTL) did not beat people indiscriminately in a recent operation. The Police action is to give security and stability to the population.
Drunken Police beat population of Batugade
A Member of the National Parliament, Maria de Fatima Vaz, said during a plenary session said that drunk Police members of the Border Patrol Unit (BPU) stationed in Batugade, beat indiscriminately the population in Batugade. She said that the Police have shown a bad attitude towards the population, when people put their trust on them to maintain security throughout the country. Ms Vaz said that members of the Border Patrol Unit also used mace spray gas, which caused some members of the population to have a rash in their eyes.
Population suspects leaders involvement in "Ninja" activities
A Member of the National Parliament, Rui Menezes, said that residents from the suburbs of Dili have been saying that every night they chase the "ninjas" only to find that they seem to disappear mainly in cars like the Tatasumo. Mr Menezes said that the Tatasumo are cars owned by the government. He also said that the Parliament had already requested the Minister of Interior, Rogerio Tiago Lobato, to address the issue of "ninjas" in the National Parliament in order to clarify this issue once and for all since he had all the information, but he has not been available. Mr Menezes said that statements made by Lobato have been controversial and leaves one in doubt, noting that the Minister first appealed for the people to work with the police, then he asked the population not to worry about the security in their communities.
Source: Jose Filipe External Affairs World Bank, Dili Office Ph: 723 0554 Tel: 332 4649
------
LEGALNEWS 2003
16 JULY 2003 80TH MEETING OF THE COUNCIL OF MINISTERS OF THE FIRST CONSTITUTIONAL GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF EAST TIMOR
The Prime Minister presented to the Council of Ministers the website of the Office of the Prime Minister and of the Government of East Timor that is intended to disclose to the public the biographies and functions of the members of the Government as well as the National Development Plan and its implementation.
The Council of Ministers discussed and approved 4 draft Resolutions relating to the Community of Portuguese Language Countries (CPLC) presented by the Minister for Foreign Affairs and Cooperation on the following agreements:
1. Agreement between the State Members of the CPLC on the Grant of Temporary Visas for Medical Treatment to Citizens of the Community of Portuguese Language Countries;
2. Agreement between the State Members of the CPLC on the Grant of Multiple Entry Visas for Certain Categories of Persons;
3. Agreement between the State Members of the CPLC on the Establishment of the Common Maximum Requirements for Instructions for Visas of Short Duration;
4. Agreement between the State Members of the CPLC on Tax and Emoluments Owing and Issued for Authorisation of Residency for Citizens of the CPLC.
These agreements are intended to contribute to the reinforcement of human relations, of solidarity and of fraternity between the people who speak Portuguese and to promote the means to facilitate the circulation of citizens of the State members of CPLC. The proposals were approved and, in conformity with the constitutional rules, will be sent to the National Parliament for ratification.
The Council of Ministers discussed a proposed resolution that is intended to address the Convention on Privileges and Immunities of the United Nations adopted at the UN General Assembly on 13 February 1946 and the Convention on the Privileges and Immunities of the Specialised Agencies of the United Nations adopted by the General Assembly of the United Nations on 21 November 1947. The adoption of these 2 conventions implies the concession of privileges and juridical immunities in relation to goods, funds and property, for officials and experts in the service of those organisations. The proposal, now approved, will, in accordance with the Constitutional rules, be sent to the National Parliament for ratification.
The Council of Ministers approved 2 draft resolutions from the Ministry of Foreign Affairs and Cooperation and Minister for Transport, Communications and Public Works relating to the ratification of the Convention in International Civil Aviation signed at Chicago on 7 December 1944 and the Convention on the International Maritime Organisation signed in Geneva on 6 March 1948. The drafts were approved and in accordance with the Constitutional rules, will now be sent to the National Parliament for ratification.
The Council of Ministers made a preliminary evaluation of a proposal on the Policy and Strategic Outline that will define the role of the various actors and the principal objectives of Agriculture, Fisheries and Forests for the next 10 years presented by the Minister for Agriculture, Forests and Fisheries. The Council of Ministers decided to continue its analysis at subsequent meetings.
The Council of Ministers discussed a draft Decree-law on the Regulation of Health Professionals presented by the Minster for Health. This draft has as its objective the regulation of the practice of health professionals. The Council of Ministers decided to continue its analysis at subsequent meetings.
The Council of Ministers discussed and approved a draft Decree-law on the Recruitment and Development of the professional career of Judges and the Public Defender presented by the Minister for Justice. This draft will define the transparent rules and procedures for the selection and recruitment of professional career judges and establish a mandatory period of theoretical and practical development for 2 years to acquire and develop human knowledge and ethics and technical-legal capacity for the qualifications for the practice of the various judicial functions. The draft was approved and in accordance with the constitutional rules will be sent to the President of the Republic for promulgation.
The Council of Ministers discussed and approved a draft Decree on the Organic Law of the Centre for Judicial Development presented by the Minister for Justice. This draft will define the attributes, competencies, management and finances of this State Institution.
Ends
------
LEGAL NEWS 2002
Sack incompetent minister, Gusmao tells Dili
By Jill Jolliffe in Dili November 29 2002 President Xanana Gusmao has attacked East Timor's politicians, condemning the inefficiency and corruption of the Fretilin-dominated government and demanding that the Internal Affairs Minister, Rogerio Lobato, be sacked.
His comments, at a military parade to celebrate the 27th anniversary of East Timor's original and short-lived 1975 independence proclamation, came as the country goes through a period of instability.
Mr Gusmao said that although East Timor had won internationally recognised independence in May, "we are more dependent than ever, living from the power and skills of others".
"It is the sickness that affects many parties and newly independent countries - of inefficiency, corruption and political instability, where those who govern live well, and the people live in poverty.
"If independence belongs to all of us, and not just Fretilin, I demand that the Government dismisses Minister of Internal Affairs Rogerio Lobato, for reasons of incompetence and neglect."
As President, Mr Gusmao has limited executive powers, although his moral authority is high, while government popularity appears low. He was elected in April with 78 per cent of the national vote.
The Fretilin government of the Prime Minister, Mari Alkatiri, was elected with a 57 per cent parliamentary majority in August last year.
Mr Lobato is responsible for police affairs, although the United Nations still maintains final control over police and defence forces. His critics say he is ambitious, and accuse him of provoking internal conflicts to enhance his power.
He has challenged police recruitment policies, saying former guerillas should be given priority, and is in conflict with the police commissioner, Paulo Martins. Mr Martins served with the Indonesian police force and is accused in some circles of being a collaborator, although his private support for the pro-independence resistance was well known.
The dispute over police recruitment policies has led to resentment of the police by resistance veterans.
A spate of recent assaults on police culminated on Monday with a mob attack on Baucau police station. Police opened fire on the demonstrators, shooting Calisto Soares, 25, in the head. He died on Wednesday in the UN hospital in Dili.
Tensions over unemployment contributed to the conflict; about 6000 people had applied for the 100 police jobs earmarked for veterans as a concession to Mr Lobato. The resignation of Bishop Carlos Ximenes Belo on Tuesday has also contributed to the air of instability.
A rival independence celebration was held yesterday by about 3000 demonstrators, including uniformed former guerillas who had travelled to Dili from the countryside to agitate for the Government's dismissal.
