Timornewsline-http://www.timornewsline.com/
Horta calls on PDHJ to investigate MTCI
Suara Timor Loro Sa’e , 30 June 2009- Summary by Alberico JuniorPresident Jose Ramos Horta has sent an official request urging the Human Rights and Justice Ombudsman (PDHJ) to hold a profound investigation into the Ministry of Tourism, Commerce and Industry (MTCI).Fretilin alleges AMP Govt of not realizing programs
Suara Timor Loro Sa’e , 30 June 2009- Summary by Alberico JuniorFretilin MP has alleged the Parliamentary Majority Alliance (AMP) Government of not implementing programs, as it declares that the 2009 is the year of infrastructure building, but nothing has happened.Police officers to be suspended if use weapons recklessly
Suara Timor Loro Sa’e , 30 June 2009- Summary by Alberico JuniorState Secretary for Security, Francisco da Costa Guterres threatened to suspend the Timorese National Police officers if they [police officers] tried to threaten people using weapons.Suspect of distributing weapons should be sent to prison
Timor Post , 30 June 2009- Summary by Alberico JuniorMore than weapons belonging to the Timorese National Police (PNTL) were still missing and that was important to discover, the suspects and the one who authorized to distribute the referred weapons should be locked up, says David Dias Ximenes.Court to question two MPs regarding Railos’ case
Timor Post , 30 June 2009- Summary by Alberico JuniorAfter hearing from the witnesses about the ex-commander of Railos hit squad, Vicente da Conceição’s case last week, the court has made plans to question two MPs about some incidents related to the crises in 2006, in Likisa district.Catholic Church against free sex in Timor-Leste
Timor Post , 29 June 2009- Summary by Alberico JuniorDili Diocese Bishop, Monsignor Alberto Ricardo da Silva said the Catholic Church in Timor-Leste was strongly against free sex, as it contradicted with the Almighty God’s doctrine.Three UN-GNR police engaged in beating PM Gusmão’s security guards
Timor Post , 29 June 2009- Summary by Alberico JuniorThe UN-GNR police officers are suspected of being engaged in beating one of the Timorese Police officers who are currently being security guard of Prime Minister Xanana Gusmão named Francisco “Aquito”.PNTL continues finding out weapons go missing
Timor Post , 29 June 2009- Summary by Alberico JuniorThe Timorese National Police (PNTL) continues finding out weapons that went missing during the country’s recent crises.
East Timor's government rejects corruption claims
![The National Unity Party wants an investigation into the office of the East Timor Prime Minister. [Reuters]](http://www.abc.net.au/reslib/200810/r305377_1332922.jpg "The National Unity Party wants an investigation into the office of the East Timor Prime Minister. [Reuters]")
PHOTO
The National Unity Party wants an investigation into the office of the East Timor Prime Minister. [Reuters]
Steve Holland and Stephanie March
East Timor's government has defended Prime Minister Xanana Gusmao's authorisation of a multi-million dollar contract to a company in which his daughter was a major shareholder.
The government says it's taking action to eliminate corruption in government and parliament on Monday approved plans to establish an anti-corruption commission in East Timor.
Calls for investigation into PM's office
But the leader of the National Unity Party, MP Fernanda Borges has told Radio Australia's Asia Pacific program the new commission's first task should be an investigation into the Prime Minister's Office.
An investigation by Radio Australia found Prime Minister Xanana Gusmao signed-off on a multi-million dollar government contract to a company in which his daughter was a major shareholder.
Prima Food last year won a government contract to supply rice worth $US3.5 million.
Zenilda Gusmao, the Prime Minister's daughter, is listed as a Prima Food shareholder in East Timor's 2008 business registry.
Government responds to corruption allegations
On Saturday, the East Timor Government released a statement:
"On June 26, 2009, a story by the Australian Broadcasting Corporation (ABC) titled 'Gusmao faces corruption claims' was circulated in print, television and radio, aired in Australia and throughout approximately 46 countries throughout their Asian Pacific network," it said.
"While we welcome the interest of the ABC in reporting on Timor-Leste, we would ask for better due diligence in ensuring the facts are correct before misinformation is widely disseminated.
"There are several inaccuracies in the reporting, especially when referencing the laws of the Constitution which seem to be the basis of the corruption allegations."
The statement was issued by Agio Pereira, Secretary of State for the Council of Ministers and Official Spokesman for the 4th Constitutional Government.
It continues, to declare that the Prime Minister has not broken the law:
"Shortly before leaving office Fretilin enacted the statute of holders of sovereignty bodies (Law 07/2007)"
"The law addresses guidelines for business interests amongst a range of other inclusions."
"The Constitution of the Republic of Timor-Leste states that the Sovereign Bodies are the President of the Republic, the National Parliament, the Government and the Court.
"These entities, and the members thereof are not considered "agents of the administration" or "public bodies" under the Timorese Constitution.
"Since the Fretilin Government was responsible for writing and enacting all the aforementioned laws, they would be well aware that no corruption has taken place and should have been transparent with the Australian Broadcasting Corporation."
Weak excuse
But the leader of the National Unity Party and former Finance Minister, MP Fernanda Borges says that statement is a weak excuse.
"Well that is a very convenient interpretation of our constitution," she says.
"I'm very unhappy the government interpreted in that fashion because that shows denial of responsibility for acts which members of the government have the responsibility to ensure that contracts anything the government does is done with transparency and is not in the interest of any family member."
Fernanda Borges who is also the Chairperson of East Timor's Constitutional Committee says legislation to enact East Timor's Anti-Corruption Commission passed through Parliament Monday afternoon.
She says the Commission's first directive should be an investigation into the Prime Minister's authorisation of the multi-million dollar government contract to Prima Food.
"And the Prime Minister in signing them should be very, very aware himself that he was awarding very healthy big contracts to his own daughter who is a shareholder of this company," she said.
"That is highly unacceptable, highly irregular in any democracy."
Fernanda Borges has added to calls for an investigation into the rice contract scandal.
Concern about new watchdog
But one watchdog organisation has voiced concerns about the new corruption commission's ability to function effectively.
The non-government organisation La'o Hamutuk, which has been working in East Timor since before the country gained independence has reiterated concerns that the commission would make East Timor more vulnerable to corruption.
East Timor's Deputy Prime Minister Mario Carrascalao has told Radio Australia there will be inquiries into the rice contract scandal, while the Fretilin Opposition says it will be calling for answers when Parliament sits on Tuesday.
Source: Australia Network News http://australianetworknews.com
The Timor-Leste National Parliament in a rare display of bi-partisanship today passed with near unanimity (no votes against but one abstention) its own anti-corruption law, in the process rejecting a draft that had been proposed by the Government over nearly one year and which had been submitted to the National Parliament.
Speaking to journalists in Dili today, FRETILIN MP andformer Prime Minister Estanislau da Silva said that this law would be a good start to combating the official corruption that has become entrenched in Timorese society over the last two years but that it would be the “silver bullet” many speak of, urging that continued vigilance from the people, the media and the opposition will be the only way for the evil of corruption to be eradicated from Timor-Leste’s national life.
“FRETILIN is happy that the de facto government’s own MPs agreed with FRETILIN and its allies like KOTA and PPT, as well as the non-allied opposition parties like PUN to pass a law that is the result of multi-party consensus and reject the flawed and unconstitutional draft proposed law from the Government. It shows that it is not just FRETILIN that is concerned with the growing corruption in the current government. Like us, they know they will be called to account by the people at the ballot box, unlike the government who will enrich themselves and their cronies through corruption, collusion and nepotism and refuse to be held accountable to anyone, even the parliament,” da Silva said.
“It comes at a very crucial time in our countries development. It comes at a time when allegations have been made of official corruption at the highest levels, including the level of the Prime Minister. He will be held to account in the coming weeks. His sense of impunity and unaccountability will be brought to check with the inception of this commission, whose independence and effectiveness has now been maximized by the law that was approved,” da Silva added.
Da Silva warned however, that the lack of political will that has plagued the Gusmao AMP government to effectively tackle corruption despite the rhetoric must change however if there is to be an effective and successful anti-corruption system in place.
“What we need are the integrity systems in place, that people respect them and that the institutions like the commission, the prosecutorial offices and the courts are well resourced. The prosecutorial and judicial arms will also have to be strengthened. We now have the money to do that through appropriate budget increases. We have to do it, or nothing will happen in the fight against corruption,” he said in closing.
For further information please contact Jose Teixeira MP on +670 728 7080
| Ramos-Horta presence inspirational | |
 Nobel Prize winner and President of East Timor Jose Ramos Horta The Nobel Prize winner and President of East Timor Jose Ramos-Horta is expected to be part of the 25 speakers at the Pacific Youth Festival next month. Organizing committee member and Fiji Alumni President Jacob ITautoka said Ramos-Horta's presence is inspirational as he will be talking on Governance, Peace and Security on a panel discussion. Horta, who received his Noble prize in 1996 after the Nobel Committee chose to honour him for his finding a resolution to the conflict in East Timor. He is expected to be amongst a few famous Pacific leaders and youths who will be addressing the over 600 visitors for the Festival on issues like Climate Change and identity. Other notable names of other speakers are local 7s wizard, Waisale Serevi and Pacific Table Tennis Champion Emaline Lulu. A total of over 600 youths are expected to the weeklong Festival with 140 from Fiji. The Pacific Youth Festival starts on 11th of next month with a planned march through Suva to Albert Park where the opening will be held. Source: http://www.fijivillage.com |
Timornewsline- http://www.timornewsline.com/
Catholic Church against free sex in Timor-Leste
Timor Post , 29 June 2009- Summary by Alberico Junior
Dili Diocese Bishop, Monsignor Alberto Ricardo da Silva said the Catholic Church in Timor-Leste was strongly against free sex, as it contradicted with the Almighty God’s doctrine.Three UN-GNR police engaged in beating PM Gusmão’s security guards
Timor Post , 29 June 2009- Summary by Alberico JuniorThe UN-GNR police officers are suspected of being engaged in beating one of the Timorese Police officers who are currently being security guard of Prime Minister Xanana Gusmão named Francisco “Aquito”.PNTL continues finding out weapons go missing
Timor Post , 29 June 2009- Summary by Alberico JuniorThe Timorese National Police (PNTL) continues finding out weapons that went missing during the country’s recent crises.UNICEF supports national youth consultation
Timor Post , 29 June 2009- Summary by Alberico JuniorThe State Secretary for Youths and Sport by support of the UNICEF will hold a national consultation on endorsing a decree law for the establishment of proposed youth parliament.Police needs time to improve intelligence work: de Jesus
Timor Post , 29 June 2009- Summary by Alberico JuniorDeputy Police Commander, Sub Commissary Afonso de Jesus said the Timorese Police intelligence was still weak and that was necessary to improve it, but would take time.Immigration police keeps watching immigrants
Timor Post , 29 June 2009- Summary by Alberico JuniorDeputy Police Commander, Sub Commissary Afonso de Jesus said the Emigration Department had produced its own law to control gaps used by the foreign national to illegally enter the country.Probe could reduce corruption
Suara Timor Loro Sa’e , 29 June 2009- Summary by Alberico JuniorDeputy Prime Minister for Management Administration, Mario Viegas Carrascalão said to combat corruption was not an easy work, because probe into corruption was needed for the ministries that alleged of being engaged in corruption.Fretilin ready to form coalition with other political parties: Alkatiri
Suara Timor Loro Sa’e , 29 June 2009- Summary by Alberico JuniorFretilin Secretary General Mari Alkatiri said his party was ready to form a coalition with other political parties if his party would not overwhelmingly win the general election in future.
Source: http://temposemanaltimor.blogspot.com
Internet Edition Exclusif: Prime Minister Signs Contract with Husband of Minister of Justice.
Prime Minister Signs Contract with Husband of Minister of Justice.According to the below contract for Supply of High Speed Diesal Fuel for EDTL, which is dated 19 September 2007 but not signed until one year later on 19 September 2008, the Supplier Pualaka Petroleo has to supply fuel to the Government power utility EDTL from 1 October 2008 until 31 March 2009.
This contract was signed by the Prime Minister Kay Rala Xanana Gusmao on behalf of the Government of Timor-Leste and by Americo “Pualaka: Lopes, Executive Director of Pualaka Petroleo with a 30% share of the company.
Mr. Lopes is the husband of Minister of Justice, Lucia Lobato, a leading member of the PSD party, and a key political ally of the Prime Minister in the AMP Coalition Government. They share a personal connection as Prime Minister Xanana is the godfather of Lopes and Lobato’s son.
According to the below invoice dated 3 April 2009, from Mr. Lopes to the Director of Procurement in the Ministry of Finance, Pualaka Petroleo billed the Government $1,473,360.00 for 1,754,000 litres of diesel fuel provided during the contract period.
It is not yet clear what the law states on this matter, however there are questions raised by these documents.
According to the Worldbanks’ website regarding its Planning and Financial Management Capacity Building Programme (PFMCBP)in the Ministry of Finance it states that
“The Planning and Financial Management Capacity Building Program Project seeks a sustainable strengthened planning, that includes budgeting, public expenditure management, and revenue administration for growth and poverty reduction, with emphasis on efficiency, effectiveness, accountability, integrity, and service culture, and, transparency.”
This project costs $37 million over 5 years. Is it improving accountability, integrity, and transparency?
Fundasaun Asia Halao Dialogu Komunidade Fronteira
TIMOR-LESTE
Press Release
Fundasaun Asia Halao Dialogu Komunidade Fronteira
Fundasaun Asia iha Timor-Leste hamutuk ho nia parseiru iha distritu Covalima, Maliana no Oecusse sei halao dialogu komunidade fronteira distritu tolu refere iha fulan Junu –Jullu nia laran. Dialogu ne’e nudar komponenti ida husi Programa Promosaun Enprezariu Fronteira ne’ebe lansa iha fulan Fevereiru no sei remata iha fulan Agostu 2009. Fundasaun Asia nia parseiru iha distritu Covalima mak LBH Covalima, iha Maliana mak CUL Maliana no mos iha Oecusse mak FFSO.
Programa ne’e nia objetivu mak atu tukun hodi hari’i Asosiasaun Emprezario (AE) iha distritu fronteira, hahu halo ligasaun entre AE fronteira Timor-Leste no AE fronteira Timor Ocidental, Tulun komunidade fronteira hodi halo advokasia ba regulamentu ne’ebe diak no mos halo estudu rapida ida konaba atividade ekonomia no komersio iha fronteira no mos halo revisaun ba regulamentu ka akordu ne’ebe governu Timor aplika iha fronteira.
Husi fulan Fevereiru to’o Maio, Fundasaun Asia nia parseiru sira halao assessmentu ba komunidade fronteira hodi identifika emprezario ne’ebe iha, koleta informasaun konaba atividade ekonomia komunidade nian no mos koleta informasaun husi funsionario governu nian ihan fronteira, hanesan husi funsionario immigrasaun, alfandega, quarantine no mos husi BPU.
Etapa tuir mai husi programa asessmentu ne’e mak Fundasaun Asia ho nia parseiru sira sei halao dialogu komunidade fronteira hodi koalia konaba, asuntu passa lina fronteira (border pass), atividade ekonomia no komersio no mos merkadu reguladu ka tradisional ne’ebe to’o agora seidauk lao.
Dialogu ne’e sei partisipa husu komunidade, autoridade lokais no mos funsionario governu nian iha postu fronteira terestris Timor no Indonesia, ne’ebe mos sei fahe informasaun konaba sira nia knar iha fronteira.
Tuir planu, dialogu ne’e sei halao hanesan tuir mai ne’e:
Distritu Covalima:
Sub-district Fatululik, Covalima iha 25 June 2009
Sub-district Maukatar, Covalima iha 8 July 2009 no
District Covalima, Covalima iha 24 July 2009
Distritu Maliana:
Sub-districtu Balibo, Maliana iha 30 June 2009
Sub-districtu Lolotoe, Maliana iha 11 Jullu 2009
Sub-districtu Bobonaro, Maliana iha 27 Jullu 2009
Dialogu hanesan mos sei halao iha distritu Oequsse ne’ebe nia orario sei fo sai tuir.
Aleinde halao asesmentu no dialogu, Fundasaun Asia mos halao estudu ho naran: Estudu Komersio iha Fronteira. Estudu ne’e atu hare ba pratika komersio ne’ebe mak lao oha areas fronteira Timor ho Indonesia no mos hare ba lei ka regulamtentu ne’ebe aplika ka vigor iha Timor no Indonesia. Resultadu husi estudu ne’e sei hato’o mos ba dialogu komunidade, governu Timor no Indonesia. Estudu ne’e sei remata iha fulan Jullu 2009 no sei hato’o iha workshop nasional ida iha Dili iha fulan Agostu 2009.
Programa Dialogu no Estudu komersio ne’e hetan suporta husi United State Agency for International Development (USAID) iha Timor-Leste.
I'm a scapegoat, says accused Australian
ANGELITA Pires says she is a scapegoat, an outspoken woman who fell in love with the wrong man and foul of a government struggling to regain authority after a period of bloody unrest.
East Timor's prosecutors allege she is the puppet master behind the near-fatal attack on President Jose Ramos Horta in 2008.
In July, the Timorese-born Australian will stand trial in Dili on 23 charges, including that she conspired with her lover, Alfredo Reinado, to kill Mr Ramos Horta.
But her Darwin lawyer, Jon Tippett, QC, says East Timor's justice system is a "bloody hopeless" mess, riddled with corruption and incapable of providing her — or anyone else — a fair trial.
His legal team has not had access to the 5000-document prosecution brief to prepare her defence, and proceedings have been muddied by reports that Mr Ramos Horta may offer amnesty to some of those allegedly involved in the attack.
Whether this will include Pires is unclear, but she has ruled out an appeal for clemency. "If I was to do a cheap deal, it would be letting people down — I want to let justice take its course, but it has to be in a court that is free from political influence," she said.
She has appealed to the international legal monitors and the United Nations to have a strong presence at her trial.
Mr Tippett, who is receiving funding from legal aid, said he had only been able to review about 150 of the 700-plus pages of forensic evidence held by Australian Federal Police.
East Timor's sluggish judicial system and a backlog of 4000 cases meant Pires and ordinary Timorese were not getting access to justice, he said. "The problem is that Australian people are pouring tens of millions into East Timor each year and into the UN effort and the legal system is just hopeless," he said.
"I think our Government is entitled to say to the East Timorese Government … we want some bang for our buck, we want to see an open, accountable legal system that is free of corruption and free of the impediments that it contains."
Sitting in a friend's home in Dili, Pires, 42, looked exhausted. She said she entered a "very dark place" after the shooting.
After Reinado's death, she miscarried a boy at five months and was unable to travel to Darwin for proper medical attention because authorities had seized her passport.
Pires and 27 men face charges over the attack, but there has been no direction as to how the unwieldy trial might be conducted.
She denies charges that she influenced Reinado to lead the early morning attacks on Mr Ramos Horta and Prime Minister Xanana Gusmao.
Mr Ramos Horta suffered serious gunshot wounds and was evacuated to Darwin.
Reinado was the leader of a band of soldiers sacked from the military after complaining of regional discrimination in promotions, sparking the 2006 Timor crisis when the country descended into violent chaos.
Ms Pires said the Government was looking for someone to blame for its failure to properly lead the Timorese people after the 2006 crisis.
"They have chosen me because I loved one man with all my heart who opposed them."
The AFP had not responded to Mr Tippett's claim before deadline.
Source: http://www.theage.com.au/
East Timor PM Hit with Corruption Allegation
SIMON ROUGHNEEN | BIO | 26 JUN 2009WPR BLOG
DILI, East Timor -- Little over a year after declaring his intent to launch an anti-corruption commission, East Timor's Prime Minister Xanana Gusmao has been hit with renewed graft allegations, this time by ABC Australia.
The story claims that Gusmao's daughter is a shareholder in Prima Foods, a company that received a $3.5 million food-importing contract signed off on by the PM.
In what is regarded as Asia's poorest country per capita, oil revenues excluded, food security remains a pressing issue for many Timorese in rural areas. The annual "hunger season" in the early months of the year, when there is little food left from previous harvests and new crops are still not available, means that the country has had to import food to meet basic needs.
During the 1975-1999 Indonesian occupation, an estimated 200,000 Timorese died from conflict-related factors, including a 1977-79 famine that in all likelihood claimed around half of those fatalities. In that period, Jakarta forced people off land and into camps, without sufficient humanitarian access, while the Indonesian Army hunted down Timorese resistance fighters, led by Gusmao.
The food contract in question was aimed at staving off the annual hunger season, and came at a time of spiraling global food prices, which added to the cost and purchase-order price.
Gusmao is revered as the leader of Timor's independence struggle, spending much of the 1990s in a Jakarta prison. East Timor was run by the U.N. between 1999 and 2002, after a plebiscite saw Timorese vote in favor of independence from Indonesia, whose occupation was never recognized under international law. East Timor became a sovereign state in 2002, and Gusmao was elected its first president. In 2007, after stepping down from that post, he led a multiparty coalition to electoral victory over FRETILIN, which was the dominant party from 2002-7.
FRETILIN MP Jose Teixeira told World Politics Review today that "the prime minister has a lot to answer for," adding that his party will consider "holding a parliamentary inquiry into this."
The case comes just days before the Timorese parliament is to discuss the establishment of the anti-corruption commission, a Gusmao brainchild first mooted on the campaign trail in 2007, and formally set in motion in May 2008.
Opposition MP Fernanda Borges is leader of the National Unity Party (PUN). She told WPR that "this case is both ironic and unfortunate, given that the rime minister campaigned on curbing corruption."
Source: http://worldpoliticsreview.com/blog/blog.aspx?id=3991
http://easttimorlegal.blogspot.com/
New Brazilian Land Law - Lessons for East Timor?
ETLJB 27 June 2009 - As the Government of East Timor begins public consultations on a new draft land law which anticipates acknowledging possession as the basis of the acknowledgement of lawful title by the state, Brazil has enacted legislation that will grant more than a million land titles based on possession of state land.
A report from Reuters states that "[the] law will likely hand over ownership for 166 million acres (67.4 million hectares) in the Amazon, an area bigger than France, to individuals who can prove they have been occupying the public land since December 2004.
The distribution of plots will be based on good faith affidavits by claimants that they occupy an area. Authorities will not carry out on-site checks of such claims on plots under 990 acres."
The President vetoed articles of the bill that would have allowed companies to take over land.
For the last 30 years, settlers, farmers and speculators in the Brazilian rainforest have occupied and sold state land they did not own, fueling the destruction of about a fifth of the world's largest rain forest. Land titles are often nonexistent or fake.
Reuters reports that "the law will benefit impoverished peasants who were encouraged to settle the Amazon during the 1964-1985 military dictatorship but were never provided with legal support, public security or financial aid.
The new land owners, who will have to pay taxes and follow environmental regulations, are expected to help environmental regulators crack down on squatting and deforestation, as well as fund better enforcement efforts in remote Amazon areas."
However, the draft land law in East Timor does not permit any acquisition of title to occupied state land. Draft Article 7 provides, amongst other things, that: (Properties located within the public domain of the State) 1. The ownership right shall not be granted to an ownership claimant of a property located within the State's areas of public domain.
This exclusion would apply to traditional communities occupying what is formally state land but in respect of which customary land tenure systems have existed since time immemorial. The denial of customary land tenure systems status as legitimate land rights under the law raises serious questions for those communities that occupy them. There is some limited provision in the draft land law relating to communal lands but ultimately, it is the government that, under the present draft Article 26, will have the final say on who may use communal lands in East Timor with only an obligation to consult with the relevant traditional community.
Furthermore, traditional communities in East Timor do not have the status of a legal entity for the purposes of the draft land law. Article 19 provides that only national legal entities may hold the right of ownership. There is no law that confers corporate status on traditional communities and so it is impossible for them to hold their lands.
The future of customary land tenure systems is not assured by the new draft land law which reflects a policy of denial of the legitimacy of those land systems.
The failure of national legal systems to adequately recognise and protect the land rights of indigenous communities has had devastating impacts in other parts of the world. Under the dictatorship of Soeharto in Indonesia, the military was deployed to depopulate indigenous peoples' land to permit the exploitation of forest resources by external parties such as the holders of forestry or mining concessions or oil palm plantation developments. In many cases, these indigenous communities and their age-old land tenure systems were annihilated. To East Timor's south-west lies its other gigantic neighbour - Australia - whose indigenous people suffered one of the worst genocides in human history as land was commoditised and granted by the Crown to the invading Europeans. These lessons have not been heeded in East Timor. There is no effective advocacy on behalf of traditional communities.
Whether the government has the fortitude to engage with traditional communities in East Timor in the public consultation process it is currently undertaking remains to be seen. It will be a difficult task explaining to the traditional communities that the new law does not recognise their customary land rights as juridical rights and that this new law will entrench the dominance of the state in the decision-making process about the exploitation of traditional lands in East Timor.
Warren L. Wright
Sydney 27 June 2009
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