East Timor Legal New now on East Timor Law and Justice Bulletin

East Timor legal news continues on in the East Timor Law and Justice Bulletin. ETLJB covers the period from 2008 to the present. The archive and ETLB span almost a decade. It is by no means a comprehensive archive of legal news from East Timor but does cover many subjects and sources that have been of critical importance in the development of East Timor's legal culture since the catastrophic disintegration of the rule of law in 2006. Relates sources are East Timor Law Journal, East Timor Land Studies and United Nations Police in East Timor Security Reports for the period 2006-2008.

Friday, May 31, 2013

Timor-Leste Legal News May 2008 (Part 4)

UNMIT Daily Media Review 9 May 2008

Paulo Martins to give statement in Court on moving weapons during 2006 crisis (Suara Timor Lorosa'e) Former General Commander of the National Police of Timor-Leste (PNTL) Paulo Martins (currently a CNRT MP in Parliament) said that he is ready to give a statement in Court on Fretilin's accusation that PNTL weapons that moved from Dili to Liquiça and Aileu UPF Headquarters during the 2006 crisis. "As the commander of PNTL, I can say that if moving weapons from Dili to Liquiça and Aileu UPF Headquarter is a criminal offence, I am ready to make a statement on that in Court. At that time, everything went before the Minister of Interior. Moving weapons to Rai Los is a real crime. But moving weapons from a weapon store to another store is a different matter," said Mr. Martins on Thursday (8/5). Mr. Martins said that the weapons were moved to Liquica and Aileu UPF to avoid violence during the crisis as the security situation in Dili was fragile.

Ramos-Horta: coalition is not like going and out from a party (Suara Timor Lorosa'e)
President José Ramos-Horta has asked parties who have made a coalition to act conscientiously and responsibly, and not enter into a coalition and then leave it [again and again]. "I do not know why Uncle Xavier stays away from AMP. Maybe there is a lack of dialogue. In the democracy there are coalitions and the members should be engaged in permanent dialogue," said PR Horta after participating in the anniversary ceremony of the Red Cross on Thursday (8/5) in Dili. According to PR Horta the problem of ASDT leaving the AMP has no impact on AMP's ability to rule the country. "In a democracy it [coalition] is normal, but ASDT-Fretilin should be responsible. Recently I see that AMP continues to work and has not rocked the nation's stability. Fretilin is an historical party and is committed to the nation's stability," said PR Horta.

Separately, the Minister of Commerce and Tourism [former Secretary-General of ASDT] Gil da Costa said he was disheartened by the accusation of ASDT President Francisco Xavier that there is corruption in the ministry led by ASDT member. "We have an internal inspector and all the projects done have been reported. If there is corruption, evidence should be presented to prove these allegations," said Minister Gil.

Francisco Guterres: security and national stability are important subjects in Timor-Leste (Suara Timor Lorosa'e)
At the opening ceremony of the training of National Civilian Security Guards (DNSEA) held in Matadouro on Thursday (8/5), the State Secretary for Security Francisco Guterres said that security and national stability have become the important subjects in this country, as the Government is trying hard to create better basic conditions for the country's institutions. According to Mr. Guterres the objective of DNSEA, especially in the area of operations, is to provide security to protect government offices and State institutions. DNSEA needs training to strengthen its ability to effectively carry out its duties.

Ed: Need a special mechanism to control the market (Suara Timor Lorosa'e)
The problem of lack of food and the high price of oil during the last two months is a global problem that is also facing other countries in the Asia Pacific region.As the biggest rice-producing nation in the world, Thailand has failed to produce a big harvest due to climate change and global warming. Besides rice, other agricultural commodities have not increased in production. Timor-Leste's farmers who planted with corn are also facing bad crops this year.

Most of the farms were destroyed by heavy rain fall. In the oil sector, the high price of oil is impacting the price of food and construction materials. If the oil price goes up, then automatically the price of food or other goods increase.If we do not pay serious attention to this issue, then people will always be shouting and blaming the Government because of hunger. This scenario may make the political situation unstable.

The Government should not be in quiet and calm or watching – or let the market be controlled by market forces. The Government has to anticipate developments or if needed, create a mechanism to control market prices to avoid price speculation. The Government should also lower import taxes to help decrease the price of imported goods. Finally, since the time that PR Ramos Horta was in Darwin [for medical treatment], he said that he told the Government to allocate funds to buy rice for the hungry people in the country. We all hope that this will happen to help the people.

PR Horta: end the State of Siege in Ermera (Timor Post)
President Jose Ramos-Horta on Thursday (8/5) ended the State of Siege in Ermera District based on an improved security situation in the country, especially in the district. Prime Minister Xanana Gusmão was also informed that the president has ended the State of Siege in Ermera District. "President is also telling us that he has ended the State of Siege in Ermera," said PM Xanana on Thursday (8/5) after a high level meeting which focused on security, the high price of goods, IDPs, and the petitioners. 

Xanana Gusmão: the government is committed to good governance (Diario Nacional)
Prime Minister Xanana Gusmão said that the government is always committed to good governance in order to implement good programs. Xanana Gusmão said this during his speech to the Administrative Conference on Thursday (8/5) at the Office of the Foreign Ministry in Dili. Xanana added it was previously announced in the past year that 2008 would be the Year of Administrative Reform, in order to improve the government's accountability and strengthen public functions. "When we hold this government, we are committed to establishing a good institutional system to carry out good governance," said Prime Minister Xanana Gusmão.

Xanana said there is a need to establish an effective institutional system in order to achieve effective governance. He said his government would continue to develop the nation, the society, and democracy. He promised to protect democracy via strong and independent organs of government. He said he wanted to form a public function commission to give more power to the Cabinet's Inspector-General so that it could become more independent, and form an Anti Corruption Commission. "I can say that this government is brave to prioritize the establishment of strong and independent institutions," he said.

PD MP says AMP suspects Fretilin of influencing ASDT (Diario Nacional)
PD MP Vital dos Santos said that the AMP government suspected that the Fretilin party had influenced ASDT to agree to an accord and establish a strategic alliance. "We all know that when we formed AMP, Fretilin approached other parties such as the PD party, but they (Fretilin) did not succeed. Fretilin again has approached another party with an objective of winning power," said MP PD Vital dos Santos on Thursday (8/5) at the National parliament.
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Xavier wants to kiss Fretilin's feet: ASDT wants Fretilin to rule  Timor Post  09 May 2008
ASDT, which joined with CNRT, PD and PSD to create the Alliance of Majority in Parliament to form the AMP Government, has signed an accord with Fretilin and wants Fretilin to rule. A strategic framework was signed officially be the high level leaders of ASDT and Fretilin yesterday (7/5) which aims to develop the people and nation of Timor-Leste.

After signing the accord, President ASDT Francisco Xavier do Amaral stated that ASDT wants to leave the AMP as the AMP has been living a good life while the people suffer. The AMP Government is using petroleum funds to go around by aeroplane, buy good foodstuff, and sleep in good hotel and has abandoned its people. Before I had disagreements with Fretilin and did not want to join them. But now I am looking forward to it and want to save the nation.

"Whatever [the beast] Fretilin was, now I can kiss its feet to help me save the nation" said Mr. Xavier on Wednesday (7/5). Mr. Xavier also said that signing the accord with Fretilin does not mean that his party is leaving AMP. But there is no guarantee that they will stay with AMP if the political attitude of the AMP leadership is not changed. "I declare that I am still in AMP but in preparation. If AMP modifies its attitudes, then I will maintain my position with it. I may join with Fretilin or other parties to save the nation" added Uncle Xavier.

Separately, Fretilin President Francisco Guterres Lu-Olo said that the two parties [Fretilin-ASDT] signed the accord to reaffirm themselves in this democratic state as they come from the same root. "AMP should be aware of recent political movement and change their attitudes.The Government who rules should at least have a program that is focused in each ministry and not be preoccupied with international junkets" said Fretilin President Lu-Olo.

ASDT and Fretilin agreed that the grand inclusive government to be established will be led by Fretilin in only two years from now. The two parties have a coalition and established a grand inclusive government to solve the petitioners' problem, create better conditions for the IDPs, reform security and defence sectors, reform public administration, and establish a high authority for good governance.

In the Accord of May 1 it also stated that the parties will normalize the functions of State institutions, be open to other parties who have no bench in the Parliament, and defend the establishment of international commission of inquiry to investigate the attacks of February 11, and defend the realization of early legislative elections.
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Brigadier General Taur Matan Ruak: one of the rebels is still hiding two guns Suara Timor Lorosa'e 09 May 2008
F-FDTL Brigadier General Taur Matan Ruak said that one of Salsinha and Alfredo's associates is still hiding two guns, and the Apprehension Operation forces are searching for him. "The name of the person is still in not determined. Regarding the two guns, the Apprehension Operation forces are still seeking him," said Taur Matan Ruak to the journalists after a meeting with the PR Ramos-Horta on Wednesday (7/5) at the President Office in Farol, Dili.  Meanwhile TMR was asked about the recruitment of new F-FDTL members. He said that only 300 people will be recruited in July and August this year. The biggest priority is to recruit people who have a degree certificate and are 30 years old.
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Ed: The New Government!!! Diario Nacional 08 May 2008
ASDT President Francisco Xavier Amaral with his Acting Secretary-General Francisco Gomes signed an accord for a coalition with Fretilin President Francisco Lu-Olo and Fretilin's Secretary-General Mari Alkatiri on May 1 which aims to establish a new government in the near future.

The event is a threat for AMP as ASDT is one of the members of AMP. This might weaken AMP in the Parliament. It is a feather in the opposition's heat to take down the Government. If Fretilin succeeds in convincing PUN and UNDERTIM to join them, then Fretilin will have simple majority with 33 seats and may form a new government.

It is a normal thing in the world of democracy when these political games happen. But we should also be realistic about the recent atmosphere in the country.

What we have to consider is if there will be new crisis, and new IDPs because of the competition between the leaders. We still do not know whether ASDT has left AMP or not. Not yet, because ASDT President Xavier said that they have signed the accord but they are still a member of AMP. Will this last for five years or not? The President of Democratic Party, also the President of the National Parliament Fernando Lasama, said that even though ASDT is stepping down from AMP, AMP will not be shaken. Just wait.
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Brigadier General Taur Matan Ruak: all will compete in the F-FDTL recruitment  Diario Nacional  08 May 2008
The Commander of Defence Forces of Timor-Leste (F-FDTL) Brigadier General Taur Matan Ruak said that the recruitment for the new members of F-FDTL in the next month will allow all qualified people to compete. Commander Matan Ruak said that the petitioners who are going to return to F-FDTL will also compete with the other candidates during the recruitment process. "I still have no list as there are two groups of the petitioners. One is going back to F-FDTL and the other one is going to leave F-FDTL. The competition will be tough. Previously we had 12,000-15,000 candidates to compete for only 260 posts we wanted to fill at that time," said Commander Taur Matan Ruak on Wednesday (7/5) in the Palace of the President, Dili.

Ed: Is the ASDT-Fretilin's accord a threat to AMP? Timor Post 08 May 2008
At last, Fretilin's struggle to have dialogue with political parties, especially those who are in AMP, has yielded positive results, results that  give rise to hope for future governance. Fretilin and ASDT signed an accord to make a coalition to establish a new government in the early elections of 2009 or 2012 elections. The political target of these parties seems to be good and is balanced because the two parties depend on the elections of 2009 and 2012.

Do not surprised at the signing of the accord the last week. The decision made by the parties is for the future. It does not affect ASDT's five MPs in the Parliament to continue support AMP. We should congratulate them. If Fretilin wants to rock AMP, Fretilin should try hard with the political parties who have no bench in the Parliament, including parties outside of AMP in the parliament, to support them. If not then, then the dream to crack down on AMP will not realized until the 2012 elections. And if Fretilin gains victory in 2012 then all of their political plans for the nation may be implemented, not now. Just wait!!!

Fretilin, not a good party to have coalition with Timor Post 08 May 2008
ASDT MPs in the National Parliament said that even though the leaders of their party have signed an agreement with Fretilin, they will continue to maintain their position in the Parliament. ASDT MPs said that Fretilin is not a good model of a party with which to have coalition as it has a history of lack of good governance and has no good relations with other political parties. "It really happened. For instance, on the 23 of April last, Fretilin President Lu-Olo insulted ASDT. It is for me better to stand alone than have a coalition with Fretilin. This is a matter of principle. I do not agree with this position," said ASDT MP Joao Manuel Carrascalão. Mr. Carrascalão said that even though his party's president has signed the accord with Fretilin he himself and four ASDT MPs in the National Parliament will continue to give their support to AMP.

Anticipated election will make people suffer and die Suara Timor Lorosa'e 08 May 2008
PNT MP Alianca de Araujo said that the anticipated election will create suffering for the people. She asked the ASDT party to not set people against each other. "I ask all the leaders to not play with the people's lives. If you are going to play with the people's lives, you are going to lead these people suffering and death." she said on Wednesday (&/5) at National Parliament. She added that the anticipated election will create another crisis in Timor Leste because it is not embraced by the people themselves but rather by those who seek seats or position. It does not necessarily mean it will prevent the people from suffering and death.

President Horta visits Petitioners in Aitarak Laran Suara Timor Lorosa'e 08 May 2008
President Ramos-Horta visited the petitioners who are staying in Aitarak Laran cantonment on Wednesday (7/5). During the visit, the President said that he considers the problem of the petitioners as a national problem as it has affected the nation's stability, institution of the F-FDTL, and all the reconciliation process. President Ramos-Horta said that he not able to make a miracle to immediately solve the petitioners' problem as his brain is not same as a scientist. "I have been given a life by God but only a little knowledge. Therefore, I will not be able to make a miracle for the petitioners' problem. But with my patience I will work together with the Government, MPs, and civil society to solve the problems and strengthen peace in Timor Leste," said PR Ramos-Horta on Wednesday (7/5) at the Petitioners' cantonment in Aitarak Laran, Dili.

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