Monday, 2 February 2009

The Age: Freedom (of speech) fighter


January 31, 2009 (see The Age link)

A crusading journalist intent on exposing official corruption faces the prospect of being sent back to the prison where he was brutalised by his country's Indonesian occupiers, writes Tom Hyland.
JOSE Antonio Belo knows a lot about prison walls, inside and out. All up, he's spent about three years imprisoned behind them. One time he was thrown onto the back of a police truck and thrashed and stomped. The beating was so violent that a witness said the truck rocked wildly, like a washing machine.
He's been shackled, hung upside down, bashed, electrocuted and burnt. Tortured.
Belo won't say much about what happened to him in jail, except this: "If you enter these places, and you get a mirror and see your face, you're not going to recognise yourself. But I am lucky. I am alive."
These days Belo is a journalist, founder and director of an East Timorese newspaper known for hard-hitting investigative reporting, the kind of reporting that now risks sending him back to jail to the same prison, in fact, where he was once tormented.
Belo's story, like that of his homeland, is one of tragic twists and triumphant turns. It's also one of curious ironies.
What's landed him in trouble is an article published by his paper, alleging ministerial corruption in granting government tenders. One of the tenders was to rebuild the walls of Belo's former prison. Another was to provide uniforms for prison guards.
In response, he has been hit with a
government-initiated charge of criminal defamation, which could lead to a jail term of up to six years.
To compound the irony, he has been prosecuted under the laws of Indonesia, the former occupiers who once persecuted Belo and his compatriots.
East Timor's own penal code which will abolish the offence of criminal defamation has yet to be enacted.
If Belo's story mirrors East Timor's recent past, it also highlights key issues confronted by its efforts to build a democracy from the ashes of occupation. It involves corruption, press freedom and a struggling judicial system.
Belo was three years old when Indonesia invaded East Timor, then a Portuguese colony, in December 1975. Like much of the population, his family fled to the hills. The early years of the occupation were the harshest a time of famine, bombardment and military encirclement.
At the end of the 1970s his family was captured and returned to their home town, Baucau, where Belo went to school before attending university in Dili. There he was part of the clandestine resistance movement, giving political support to the pro-independence fighters still in the mountains.
In January 1995, aged 23, he was arrested when 30 students staged a peaceful demonstration calling for the release of independence leader and now Prime Minister Xanana Gusmao, and to remind delegates to UN-sponsored talks between Indonesia and Portugal that the East Timorese themselves deserved a say in their future.
The demonstration was met by 200 police and soldiers and it was here foreign witnesses saw Belo thrown into the back of a police truck. He spent the next 18 months in jail.
Released, but facing continued persecution, he went back to the mountains in August 1996, where he joined guerillas led by David Alex, a famed resistance fighter and a man Belo calls "my hero".
In their mountain camps they would talk of the future and what they would do when their country was free. Belo's dream, inspired by Alex, was to become a journalist.
"In the bush we discussed our struggle and our fight, and the struggle East Timor was going to face after independence," says Belo.
"David Alex said: 'The struggle for independence is very tough, but in some ways it's also easy.
The struggle to serve the people is the hardest.' "
They talked of the role of journalists: how after 1975, when six Australian-based reporters were killed by the invading Indonesian army, East Timor's story was untold, "in the darkness"; and how in 1991, filmmaker Max Stahl's footage of the Dili massacre put the country's plight "back on the map".
Belo's main task in the resistance was to act as an interpreter for visiting foreign journalists, and to smuggle out documents, tapes and videos.
His nom de guerre in the resistance was a local word for sandalwood. Just as sandalwood was a precious export from Timor, so too was the news he sent to the outside world.
Belo and Alex also talked about the plight of Indonesians, then under the Suharto dictatorship, and how they suffered because of the corruption and greed of their leaders.
So in a guerilla camp, Belo resolved that after independence he would become a journalist, "a bridge between our leaders and the people".
Freedom, at this stage, was two trying years and a final vengeful cataclysm away.
In June 1997 Indonesian troops captured Belo, while Alex "disappeared" killed. Belo spent another year in various military detention centres.
Released, he resumed his work with the resistance and the foreign media in the run-up to the 1999 UN-organised vote on independence.
When the vote went against Jakarta, the Indonesian armed forces and their local militias took revenge, laying waste to the country and murdering up to 1500 civilians.
Belo and a handful of foreign reporters refused to be evacuated and provided graphic footage of Dili burning footage that helped compel Australia to send an intervention force.
From late 1999 until 2006 he worked as a correspondent and cameraman with Associated Press, the ABC, SBS and Channel Seven.
In 2006, with $500 of his own money, a $1000 donation and one computer, he founded his own weekly newspaper, Tempo Semanal. Now, with rising circulation and foreign support, including from staff at Fairfax Media, it employs 20 staff.
"We focus on investigative reporting," Belo says.
"We annoyed the (former) Fretilin government and now we annoy the (current coalition) Government, and other organisations, like the World Bank and foreign embassies," he says.
"They think we're troublemakers, and the Government says we're trying to bring them down.
But no, that is not what we do."
A particular focus has been widespread
corruption, which spreads from the lowest levels of bureaucracy to, it appears, ministerial offices.
It's a problem acknowledged by foreign agencies, including the World Bank and watchdogs such as Transparency International, which rate East Timor among the world's worst offenders.
The story that has landed Belo in his latest trouble was published on October 12 last year.
Tempo Semanal had a page one scoop, the result of months of investigation, interviews and a stunning leak of ministerial mobile phone text messages.
The story alleged Justice Minister Lucia Lobato had improperly awarded government contracts to friends and business contacts, relating to rebuilding the walls at Dili's Becora prison and supplying uniforms to prison guards.
The story cited leaked text messages on Lobato's ministerial phone, including exchanges with a company that ultimately won the $US1 million prison wall contract. Some of the exchanges took place before tenders were officially called.
Lobato, who has denied any wrongdoing, lodged a formal complain with the prosecutor-general.
She accused the paper of violating her privacy and breaching the journalists' code of ethics, and attacked Belo, saying he was trying to bring down the Government.
On December 12 Belo received a formal
notification of charges, which would be prosecuted under Indonesia's Penal Code, parts of which are still in force while East Timor's own code, which would decriminalise defamation, has not been enacted.
Prosecutors have told Belo he faces charges under articles 310, 311, and 312 of the Indonesian code. The cumulative penalty is up to six years' jail and fines.
Two weeks ago he was questioned for three hours by prosecutors, who denied him access to relevant documents and asked him to name the source of the leak.
He is unclear when the charges will go to court.
"I'm quite pessimistic about this case, because the minister has a lot of power," Belo says. "We are like an ant trying to fight against an elephant."
Belo sees the prosecution as a test of Prime Minister Gusmao's stated commitment to stamp out corruption and uphold press freedom two issues Gusmao mentioned in his 2007 inaugural speech.
Promising to act against corruption, Gusmao vowed to create "a culture of integrity, rigour, and professionalism in public administration".
On the role of the press, he declared: "An integral part of a democratic state is the right to be informed and it is in this sense that we assume the commitment to guarantee freedom of the press and the independence of the public media, before economic and political power."
Belo says it is also a test of the independence of prosecutors and the judiciary in ending a culture of official impunity for senior figures accused of wrongdoing, including instigating the politically motivated violence that racked the country in 2006.
"In my country a chicken thief can go to prison, but those who were responsible for the deaths of people, they are having holidays in Bali and flying off abroad," he says.
He says that if he has to go to jail "I'm ready for that", but he worries about the future of his paper and the type of journalism it will produce.
"Some of my friends are starting to ask if we can do this type of story in the future. Some say we could do soft stories, so we won't get into trouble. It will cost something."
He recalls his talks in the guerilla camp with David Alex, who defined corruption as when state money disappears and the people are made poor.
"This will affect journalists very much. How will they come out with strong stories?
"And the Government? It's a test case. Will they respect or implement the freedom of the media?
"That is their commitment and promise. Or is it only like a pop singer, singing a sweet song but not really meaning it?"

Wednesday, 28 January 2009

Tempo Semanal Edisaun 122

Rekrutamentu ba Pesoal Kasual Deskonfia Iha Unsur Nepotismu

Dili, Tempo Semanal

Iha primeiru dia debate orsamentu geral estadu tinan fiskal 2009, 14/01/2009 mais ou menus tuku 04:35 lorokraik, diskusaun generalidade iha Parlamentu Nasional nebe nakonu ho tensaun derepenti hakmatek koaze minutu 5 nia laran wainhira deputadu husi bankada Fretilin Francisco Branco fase instituisaun Polisia Nasional Timor Leste (PNTL) liu husi akuzasaun nepotismu iha prosesu rekrutamentu ba pesoal kasual nain 5 iha instituisaun seguransa ne'e. "hau haree iha prosesu rekrutamentu ba pesoal kasual PNTL nian, iha hahalok nepotismu tanba Diretor Administrasaun husi PNTL nian ida rekruta deit ninia oan, subrinu, feto foun no maun alin uma laran deit", dehan Branco iha plenaria Parlamentu Nasional.

Deputadus partidu opozisaun Fretilin desde inisiu forma Parlamentu Nasional ba segundu legislatura, hahu forma-an nudar deputadus husi bloku opozisaun paling kritikus tanba hasai lia kritika laos deit kontra guvernu hanesan saida mak Fretilin hateten "Primeiru Ministru Defaktu no Guvernu Inkonstitusional" nomos hahu kontra amu lulik sira. Konaba kazu korupsaun, Fretilin konsidera hanesan korupsaun grave iha guvernu AMP nia ukun tanba tuir Fretilin, korupsaun laos deit halo iha gabeta laran ka meja okos maibe iha meja leten.

Kritika hanesan nee Fretilin sempre koalia hanesan aihan loroloron nian tanba projetu barak mak guvernu halo single source (penunjukkan langsung) deit, la tuir ona regulamentu aprovizionamentu nian. Iha kazu rekrutamentu pesoal kasual PNTL nian Fretilin konsidera hanesan kazu grave tanba Fretilin du'un katak Sekretariu Estadu Seguransa (SES) haruka taka tiha kazu nee atu publiku labele hatene, maibe Prezidente Parlamentu Nasional, Fernando Lasama de Araujo kondena akuzasaun husi banka Fretilin tanba tuir Lasama deputadu sira labele koalia arbiru deit, tenki hatudu evidensia.

"hau husu ba deputadu sira, agora povu tomak akompana hela ita nia debate tanba nee ita tenke hateten sa mak loos ba povu purke ita labele desvia povu nia hanoin, se deputadu iha evidensia lori mai intrega iha meza", dehan Lasama ho sentimentu diskontenti.

Atu haloos tiha duvidas, deskomfiansa no akuzasoens hirak nee, jornal TEMPO SEMANAL halo esforsu oioin hodi halo investigasaun ba alegasaun nepotismu iha PNTL. Iha investigasaun nee, jornalista detekta dokumentus balu nebe relevante ho indikasaun nepotismu iha prosesu rekrutamentu pesoal kasual PNTL nian. Iha dokumentu ho mahar 24 pagina nee iha mos pareser husi Asistente Konsilheira Legal PNTL nian nebe hakerek mos naran Inspektor ka Ofisial Exekutivu PNTL nian.

Iha tahan rua oin kedas dokumentus nee nian, Asistente Konsilheira Legal haruka pareser ida ho data 3 de Junho 2008 ba Sekretariu Estadu Seguransa atu toma atensaun ba problema nee.

Iha dokumentus nee hakerek mos reklamasaun husi Rekursu Humanus nomos pesoal administrasaun PNTL nian konaba laiha konsulta ba pesoal kasual sira nia TOR, nivel ho job discription maibe halo ona kontratu hafoin Rekursu Humanus hetan informasaun katak Sra.

Lidia Soares Diretor nia oan feto, Sr Tomas Aleixo Diretor nia mane foun e Sra Guilhermina Faria membru parlamentu nia oan.

Ba pesoal kasual sira seluk hanesan Fatima Mendonca uluk nudar estudante husi Eskola Canossiana Komoro tuir programa 'field work' maibe pesoal iha administrasaun haree katak nia servisu diak nomos iha disiplina diak mak rekomenda atu rekruta hanesan pesoal kasual no ida
seluk Adriano Barros koloka hanesan Jardineiru.

"Pesoal hirak nee selu ho orsamentu husi Bens e Servicos nee duni prosesu rekrutamentu tenki tuir prinsipiu husi Lei de Aprovizionamentu ba Bens e Servicos. Pesoal nee sai hanesan fornesedor, tuir lo Seksaun Rekursu Humanus hatoo espesifikasaun, loke konkursu hodi haree pesoal nebe mak tuir kriteriu ka espesifikasaun mak halo rekrutamentu hodi defini kedas ba fulan hira", hakerek iha karta pareser nia laran. Hakerek mos iha karta pareser nia laran rekomendasaun balu katak, ba membru pesoal kasual nain tolu nebe rekomenda husi Diretor
Administrasaun hodi halo servisu iha Administrasaun SES nia okos, sira nia salariu hasai husi Bens e Servicos nee duni laiha direitu hanesan funsionariu publiku, sira sai nudar fornesedor nebe bazeia ba Lei Aprovizionamentu Nú. 10/2005.

Liutan iha karta nee hateten, senhor Diretor Administrasaun tuir loloos entrega prosesu rekrutamentu ba seksaun Rekursu Humanus hodi halo rekrutamentu ba pesoal kasual nebe Diresaun Administrasaun presiza. Maibe iha pratika senhor Diretor iha ona tendensia hodi halo
Rekursu Humanus nia servisu wainhira nia hatene katak Xefi dos Rekursu Humanus Sra Lidia de Carvalho foti hela lisensa tanba nia aman mate. Tanba nee senhor Diretor Administrasaun viola ona Lei Aprovizionamentu iha artigu 32 konaba komflitu de interese hodi hatama
nia oan ho mane foun atu servisu iha SES.

Refere ba artigu 32 Lei Aprovizionamentu Nú. 10/2005, husu ba SES atu hapara kontratu pesoal kasual nebe iha relasaun diretamente ho Diretor Administrasaun (Lidia Soares Cristovao, Thomas Aleixo M. Tilman).

Ba pesoal kasual nain tolu (Guilhermina Faria, Fatima Mendonca ho Adriano Barros), Gabinete de Inspesaun rekomenda para atu kontinua sira nain tolu nia kontratu e halo avaliasaun depois de fulan tolu (hanesan PDR=Performance Development Review) hodi haree sira nia
performance servisu.

Se iha avaliasaun la fo rezultadu nebe diak maka Gabinete Inspesaunrekomenda hapara atu labele kontinua mos sira nia kontratu tanba prosesu avaliasaun nee importante hodi garante transparansia. Kazu nee ho natureza grave tanba Diretor Administrasaun Nasional Interinu iha tendensia atu hasai vantajen husi fornesementu bens e servicos atu hetan benefisiu pesoal. Tanba nee rekomenda ba SES atu ba oin foti medidas disiplinares hodi hapara hahalok nebe halo povu lakon konfiansa ba guvernu.

Rekomenda mos ba SES liu husi Regimentu Internu ba Rekursu Humanus, bainhira presiza pesoal kasual halo kordenasaun ho Universidades, Eskola Teknikas ho Eskolas Katolikas hodi fo opurtunidade ba estudantes nebe iha notas diak no presiza hetan esperiensia servisu
iha sistema guvernu nian. Prosesu nee sei fo mos kontribuisaun ba
estudantes ho sira nia ekonomia, hakerek iha karta pareser.

Responde ba kestaun nee Sekretariu Estadu Seguransa, Francisco Guterres esklarese katak, sira haree ona problema nee no ba oin se iha problema ho kontratu nee mak nia sei hapara tiha kontratu. Maibe tuir Guterres hateten, Diresaun Rekursu Humanus mak halo kontratu tanba nee karik tamba Diretor Administrasaun ninia oan konkore mos iharekrutamentu nee no hetan kontratu. Maske nunee, diresaun Rekursu Humanus halo ona avaliasaun durante fulan tolu katak Diretor Administrasaun nia oan servisu diak tanba nee kontinua kontratu.

"foin lalais hau haruka ona diresaun inspesaun haree fila fali kazu nee iha problema ka lae tanba ami hakarak hadia. Nee duni hau konkorda ho kritika nebe hatoo mai ami tanba buat ruma nebe la diak ita tenki kritika para ita bele hadia tanba buat barak dala ruma ita labele haree, entaun ema seluk haree fo hatene mai para ita bele hadia", dehan Guterres hafoin partisipa iha debate orsamentu iha Parlamentu Nasional loron hirak liuba. Atu fortifika informasaun nee, jornalista
tenta buka Diretor Administrasaun Eugenio dos Santos maibe jornalista la konsege tanba Diretor laiha fatin. Entertantu Ministra Finansa Emilia Pires wainhira halo rezumu hafoin debate orsamentu hateten ba jornalista katak, guvernu AMP hakarak hamoos hahalok hotu nebe viola
lei, guvernu lakohi ema ida rua nia hahalok hodi hafoer guvernu nia naran.

Maibe Ministra nee husu ba ema tomak liu-liu ba ONG non guvernu nian sira katak, wainhira iha ka hetan evidensia ruma konaba membru guvernu balu nia hahalok kontra lei ka halo korupsaun, diak liu hatudu dokumentus ba guvernu atu guvernu bele foti medidas, dehan
Emilia.(aro)

Monday, 26 January 2009

ETAN urges dropping of defamation charges against Timorese editor

ETAN urges dropping of defamation charges against East Timorese editor

Contact: John M. Miller +1-718-596-7668

January 26, 2009 - The East Timor and Indonesia Action Network (ETAN) today called on Timor-Leste's (East Timor) prosecutor-general to drop criminal defamation charges against the local weekly Tempo Semanal and its editor, Jose Belo.

"Tempo Semanal and Jose Belo should not have to face charges under this obsolete and repressive law," said John M. Miller, National Coordinator of ETAN. "We urge the prosecutor-general to immediately drop any charges."

In October 2008, Tempo Semanal
published an article alleging that Timor-Leste's Justice Minister Lucia Lobato had improperly awarded government contracts to friends and business contacts. The report cited leaked mobile phone text messages. Lobato filed the defamation charges in November, accusing the paper of breaching her privacy and violating the ethical code of journalists.

Belo argues that his publication wrote only about Lobato's performance in her role as a public official, not her private activities. "

"Information about government activities should not be subject to defamation laws. Rather than attack the messenger, Timor-Leste's leadership should support freedom of expression and encourage a dynamic, investigative media," said Miller.

Background

The government of Timor-Leste has proposed decriminalizing defamation under a new penal code. Although drafted several years ago, it has not yet been enacted.

Timor-Leste's criminal defamation statutes are a leftover from Indonesia's criminal code. Journalists and activists in Indonesia are still charged with criminal defamation, although the 1999 Press Law created a body to adjudicate disputes involving the press.

Belo was notified of the defamation charges in mid-December. On January 19, he was questioned for 3 hours by the prosecutor's office.
Tempo Semanal was told by the Office of the Prosecutor-General that they would not be given copies of relevant documents because they are confidential.

In
an interview with ABC Radio Australia, Jose Belo, Tempo Semanal's founder, said "we don't have any money or any resources. So we can't fight a person who has influence [and] who has money. So I presume it is very, very difficult to win this case in the court."

If convicted, Belo could face fines or prison. During Indonesia's brutal, illegal 24-year occupation of Timor-Leste, Belo was imprisoned or arbitrarily detained many times for passing information about human rights violations to foreign journalists and human rights groups, for a total of about three years. It is ironic that in democratic, independent Timor-Leste he could face double that time for exposing government corruption.

The Office of the Prosecutor General, Longuinhos Monteiro, has reportedly told Belo that the truth of what he published in his newspaper is not relevant to the charges against him and will not be admissible in court. This contradicts legal precedent set in April 2006, when the same prosecutor, charged Yayasan HAK (a human rights NGO) with defamation. accusing him of abuse of power by interfering with the justice process in a case where HAK served as the defense attorney. In that case, a judge ruled that the defamation charges could not be adjudicated until the original case was resolved. That case was brought to trial. Under that precedent, the allegations of corruption against the Minister of Justice should be tried before the defamation case, but the prosecutor has not begun a legal case against her.

ETAN advocates for democracy, justice and human rights for East Timor and Indonesia. For more information, see
www.etan.org. In April 2006, ETAN urged then-President Xanana Gusmao to veto the criminal defamation provisions of the proposed penal code.

-end-

Wednesday, 21 January 2009

International Federation of Journalists Media Release - Timor Leste: Newspaper Editor Faces Criminal Defamation Charges in Timor Leste

From: IFJ Asia ;ifj@ifj-asia.org;
Date: Wed, Jan 21, 2009 at 3:16 PM
Subject: Media Release - Timor Leste: Newspaper Editor Faces Criminal Defamation Charges in Timor Leste
To: IFJ Asia <ifj@ifj-asia.org>


Media Release: Timor Leste

January 21, 2008

Newspaper Editor Faces Criminal Defamation Charges in Timor Leste

The International Federation of Journalists (IFJ) is concerned at the status of the free media in Timor Leste as a local newspaper editor faces a possible prison sentence on charges of criminal defamation.

According to local reports, the editor of Tempo Semanal, Jose Belo, was issued with a notification of defamation charges on December 12, 2008, in relation to a series of news reports published on October 12, 2008. The reports investigated alleged corruption by Justice Minister Lucia Lobato.

Belo appeared at the Prosecutor's Office on January 19 and wasreportedly questioned for three hours before being released.

The IFJ is also concerned about the application of fair judicial process, in view of reports that Belo and Tempo Semanal have been denied access to documentation pertaining to the charges by the Office of the Prosecutor-General, Longuinos Monteiro.

"The charges of criminal defamation against Jose Belo and Tempo Semanal highlight the two-fold problem for independent media in Timor Leste – the targeting of journalists who report in the public interest and the need for a constitutionally recognised media law which does not criminalise defamation," IFJ Asia-Pacific Director Jacqueline Park said.

In October 2008, Timor Leste's Government released the draft of a new penal code which decriminalises defamation. However, the code is awaiting Parliamentary approval.

All legal actions related to the media in Timor Leste, which was previously occupied by Indonesia, continue to refer to Indonesian law in which defamation may be dealt with as a criminal offence.

"Wherever journalists face the risk of imprisonment for conducting their professional work, the media cannot confidently fulfill its responsibility to act as guardians of the public interest," Park said.

The IFJ calls on the Government of Timor Leste to honour its commitment to enact a media law in which defamation is dealt with under a civil code rather than a criminal code, in the interests of the principles of plurality and freedom of expression.

For further information contact IFJ Asia-Pacific on +612 9333 0919

The IFJ represents over 600,000 journalists in 120 countries worldwide