Dili Ten Years After 1999

TEMPO SEMANAL TV

East Timorese vendors selling their fruit in a country experiencing stability. Less than a few days from now the Timorese people celebrate the 10th anniversary of their vote against Autonomy with the Brutal Indonesia Military rule. In August 30th 1999 under the gun point Timorese people vote for Independence and the Timorese have paid expensive cost for today.

"I didn't worry for my life that morning of August 30th 1999. I was only thinking of not losing to Indonesia,"said a midle age woman who does not want to be on camera and asked not to put release her identity.

Since 2002 this lady and her family have been selling vegetable and fruits in this area. The Government has established a fruit market for the local people opposite to Turismo Hotel in Dili. These local people have been selling their vegetables and fruits in this place since 2002 and the authorities have forcibly removed them from this place on several occasions. But now they are settled and have been helped by the Government. "I have been selling here for almost a decade and sometimes in the past government people came and removed us and destroyed some of our goods," She explained. These vendors are selling fruit like banana, aple, papaya and so on.

FALINTIL DAY 20 August 2009 / Loron FALINTIL dia 20 Agusto 2009

TEMPO SEMANAL TV

Development of East Timor Defense Force (FALINTIL-FDTL) slowly but continuously.

The East Timor Defence force celebrates its 34 anniversary this year on 20 August 2009.

It is comprised of FALINTIL guerrillas and new recruits. It was transformed from guerrila force to a regular defence force on 1 February 2001 by the United Nations (UNTAET), after a study by the King's College London.

FALINTIL was established on 20 August 1975 as the armed wing of FRETILIN to fight a civil war against the UDT party. It then resisted the Indonesian army ABRI during 24 years in the bush.

German Peadophile Timor-Leste

Tempo Semanal TV

The German 80 years oldman was arrested last month in Dili by the UNPOL and Timorese national Police officers after alleged peadafhile 8 Timorese young boys. He has been put into police custody for an investigation and then now staying a hotel in Dili. Just a weak ago Tempo Semanal found the suspect with a stick and wearing white T-Shirt walking into the Audian Hotel which located in Audian. In this video you will see he was brought back to Tourismu Hotel by UNPOL and East Timorese Police for further investigation.

USAid-AusAid Spends Taxpayers’ Money In Vain To ICFJ, Shout Journalists

USAid-AusAid Spends Taxpayers' Money In Vain To ICFJ, Shout Journalists

Dili, Tempo Semanal Edisaun 152 17 August 2009

Timor-Leste and [other] post-conflict nations are in a good place because of international agencies and their friends who use taxpayers' money as donors to the people of these nations. As President of the Republic Dr Jose Ramos Horta told in an exclusive interview with Tempo Semanal on 13/08 in his office, "The majority of money that opens these programs is specifically managed through the institutions which the donors themselves choose. With this one I hope the donors will be honest to do an evaluation of their strategy," lamented Horta.

"This hasn't happened just to Timor-Leste, but also in Papua New Guinea, and the same in Afghanistan, Haiti, nations in Asia or Africa because fifty years ago they paid money from their taxpayers," appealed Timor-Leste's head diplomat.

During his visit to the kangaroo nation, the President of this young nation subtlely criticised its donors as follows in this news excerpt from ABC and The Australian on 28/07/09: "In the area that they [donors] spend much of their money, they claim that their spending in training is in the area of capacity-building. True, we greatly need this and definitely have a positive use for this, but if all of this money is used according to the way of increasing Timor's children's capacities, all the Timorese people should have found the title of PhD by now. At present we are all the same as Einstein," he jibed.

In the middle of 2006, an American came to sit, joust with, and capture part of the media in Timor-Leste through asking support from the ICFJ to win a project tender from USAID with the objective to force Timor-Leste's independent media and give the power of increased intelligence to Timor's children. "At the time STL recommended the ICFJ to win this project, but we also made it clear that the ICFJ must work with all the heads of this nation's media to be able to identify the problems and necessities of each media outlet, but when they won the tender, ICFJ worked according to their views alone," declared Domingos Saldanha, the Vice Director of STL newspaper.

At the time, the ICFJ gave US$1.8 million within two years. Maybe if they'd used this money today, the children of Timor-Leste's journalists would have already assumed specialist roles in their areas and the media institutions will not ask further from the government to buy copies of their newspapers to distribute to the villages.

The ICFJ's Director in Dili told that their project has found great success, though they themselves recognise that the ICFJ doesn't succeed in working with all of the media. "We work together with many media outlets, although not with all," he feigned. Mr Rice told this newspaper that their program has found great success. "We have already given training to many journalists from newspapers and radios."

This boss of the ICFJ said their [his] organisation has given small funding to media outlets.

But Domingos Saldanha, who is also the President of TLPC hopes ICFJ may extensively support newspaper distribution to villages in Timor-Leste, but he has already waited and waited two years, and lives as if one of his dreams are broken. "We also asked them to distribute the newspaper to villages, but until now, they've not yet done it."

Although [despite] the young Fourth Government of Timor-Leste has already contributed to the development of its media and facilitated the distribution of information from newspapers (STL, DN, and TS) to over four hundred villages within Timor. Because of this, the President of the Timor-Leste Press Club said ICFJ has come not to help the media to distribute information, but just to spend Australian and American taxpayers' money. "I think the Australian and American taxpayers' money which helps the media in Timor-Leste through USAID and AusAID and their partner ICFJ spends funds but doesn't give benefits to the media and people of Timor-Leste."

According to information which this newspaper has found, the ICFJ told the following, "from the five years' funding of US$5.6 million, 79.88% was spent in Timor-Leste. The remaining 20.12% was spent in our building in Washington through managing the project within Timor."

This shows that the money paid from American taxpayers' has been partly broken off in Washington, to a total of US$1,120,000.00 and the rest which came to Timor-Leste also was used to buy airplane tickets, perdiems, car rental, large salaries and house or hotel rental and air-conditioning for their international staff. Indeed, the journalists and media of Timor-Leste initiated a project for international people, and the result has been that American and Australian taxpayers' money has been spent to keep the journalists and media of Timor-Leste lacking, according to international people's reports to Canberra and Washington.

"I demand that USAid and AusAid stop their project to ICFJ because it spends taxpayers' money but never gives support to the media's work. And more, they steal journalists from media already in Timor-Leste to work with them for the purpose of giving negative impact to the media in this nation."

"Because ICFJ doesn't have a system of work which is good for the journalists' capaicities, the local media outlets in Timor-Leste demand indeed that international agencies such as AUSAID, USAID and UNDP stop at once support to the ICFJ because they don't have the will to develop Timor's media."

In the same place, Domingos empathises and gives full support to the community radio networks which now are victims of ICFJ. "Our part faithfully agrees with the declaration of our friends in the radio community who say they intend to resign and not work together with ICFJ because the ICFJ's system of work doesn't give benefits to Timor's media, but they use the Timorese media like a project to look for money and take back to their land."

Beginning in the month of November 2006, the ICFJ established itself in Dili. STL and other media outlets rejected co-operation with this international institution. ICFJ always campaigned to use community radio as a good toy [(spinning) top] to throw against the media which don't co-operate with their program. But beginning in a day last August, the honey moon was over from a venom which didn't just make ICFJ weak, but also inhibited AusAID and USAID's capacities because of declarations from Community Coffee Radio (Ermera), Voice of Tatamailau Community Radio (Ainaru), Voice of Matebian Community Radio (Baukau), Manatutu Community Radio and also Rakambia Community Radio (Dili). The five community radio stations declared, "together [we] protest and reject to co-operate together with ICFJ when the ICFJ doesn't show goodwill and professionalism to the journalists' capacities."

Radio Rakambia's manager, Eurico Pereira lamented that ICFJ has already failed its mission. "I see the ICFJ has failed because they bring unprofessional people and don't have the capacity to come and give training to journalists because many journalists' associations in Timor-Leste now reject working together with their program."

He elaborates that, "Radio Rakambia has also declared that ICFJ doesn't have goodwill to help journalists' capacities [and] ICFJ violates established agreements and because they've had the money since back when they signed the contract with us five." He explained that, "In May 2008 Radio Rakambia attempted to co-operate with the ICFJ to establish an accord to send Radio Rakambia journalists to training at ICFJ. In line with this accord between these two groups, after training finished those journalists would return to conduct their work at Radio Rakambia. Because of this, Radio Rakambia sent five journalists to training at ICFJ, but after they up-skilled they became members of the ICFJ without giving recognition to Radio Rakambia."

This isn't the last time this situation has happened, but in the past it's also occurred to a journalist and editorial chief at Tempo Semanal, whose cost was passed on by Tempo Semanal not publishing part of their editions in 2007. "Because of this, I may decidethat in the future we will reject ICFJ's support," Eurico confidently stated. With this occurrence, he demands that donors such as USAID and AusAID conduct an evaluation of the ICFJ's work.

Although the majority of media organisations and journalists lament the ICFJ's work and have delivered their concerns to the donors but the people with the money pretend and dramatise the situation before they can hear from the keepers of media in Timor-Leste—such as the head of AusAID—to sing a voiceless song in vainly defending the ICFJ's money, as they said in response to this newspaper's questions. "Australia feels happy with the results of ICFJ's work for this period. Although some journalists haven't accessed this program, journalists who participate give positive accounts about the ICFJ's programs. As with Timor's children, Australia greatly supports media freedom and independence. They also want us to continue our collaboration with USAID to continue supporting this program," said Ali Gillies of the Australian Development Assistance Program in Timor-Leste.

But Nelio Isac, TVTL's editorial chief tested AusAID's honesty in saying, "If ICFJ says they've increased journalists' abilities, then show us their results and show us the journalists who they've assisted". Nelio informed donors that, "The things that ICFJ does is to recruit those who aren't journalists, but they find people from another place to train and then send a report to their donors, stating they've given training to Timor-Leste's journalists".

"I think that community radio stations have the right to reject and not want to work with the ICFJ because we all know that the ICFJ's yet to do anything to Timor's media," he said.

The TLPC's Vice-President said the organisation's position is that, "In recent memory the Press Club hasn't wanted to co-operate with the ICFJ because the Press Club has the principle that it doesn't want to begin a project for other people, but if the ICFJ has money and wants to develop the media, they should co-ordinate with media organisations to give training to their members who work in the print media, radio, and television according to each media outlet's necessities – not according to the ICFJ's desires."

The TLPC's President, Domingos Saldanha, agreed with the community radio stations' declaration in saying that, "The ICFJ's system of work isn't professional because it is based upon their perception that ICFJ doesn't have the will to develop the East Timorese media, but they only want to use the local media to make a project with their program."

Baucau Community Radio declared Voice of Matebian Radio totally rejects the mechanism which the ICFJ uses to control Baucau Community Radio; one can see the ICFJ's intervention through the Regional Media House, which [they want to] assume the position of a Community Radio Board, and doesn't recognise the actual board and management team of Baucau Community Radio. Baucau Community Radio also recited, "The ICFJ's intervened to rehabilitate the RCM's studio through the Regional Media House; they don't co-ordinate and have never given recognition to Baucau Community Radio to become an independent and self-structured media outlet." He also appealed to USAID and AusAID to investigate the case. "[I] ask the international organisations which support the ICFJ's program to conduct an evaluation of their program, particularly with the program to develop journalists' capacities." According to the Director of Baucau Community Radio, he also doesn't understand about the Media House's use: "Who is responsible for this Media House and who will use it in the future, because the reality is that building these Houses in the districts will decrease the journalists' participation in their associations."

Other representatives from Coffee Community Radio in Ermera declared, "ICFJ discrimination because their internet installation system in the Coffee Community Radio office isn't the same as the installation in the Regional Media Houses; and regarding expenditure on radio that they wrote in the memorandum of understanding, until now Coffee Community Radio has not been able to know the amount or subjects of their expenditures." Consequently, Coffee Community Radio will not agree to any intervention from external groups. "Coffee Community Radio doesn't want to co-operate with the ICFJ. Coffee Community Radio also will not offer their support towards the ICFJ, and also do not want to have other people bringing their name to sell at random to donors for other peoples' purposes," he declared.

Timor-Leste Media Development Centre member Zelia Fernandes said ICFJ doesn't have the goodwill to develop local media. True, they should have a capacity-building role with journalists, but the reality we see shows a different face because the formation they've given to local media doesn't benefit journalists. "As we all know, they're now building Regional Media Houses in all districts, but they themselves don't know that if their contract finishes, then how will they finish the program," In addition to this, Zelia also called attention to, "Associations which are involved in Regional Media Houses are like veils behind which ICFJ intends to realise their objectives." Coffee Community Radio states that, "In the near future Regional Media Houses build the ICFJ's ability to oppress Coffee Community Radio."

In this way, Manatutu Community Radio's manager, Laurentino S. Freitas said via telephone that the ICFJ's work system "doesn't have a work system that is transparent."

"We will ask the for ICFJ to repair their work mechanism and, if not, community radios will not collaborate with them, including Manatutu Community Radio."

ICFJ aways changes the programs it's already planned according to their desires. Rita Barros of Ainaro Community Radio said the ICFJ said they would place a Regional Media House and radio station in Maubisse, but just suddenly they changed back to Gleno (Ermera district) and didn't clarify; because of this, Ainario Community Radio delivered a petition to ask the ICFJ's clarification."

On Monday August 17, the UNDP again attempted to use some media organisations and East Timorese journalists to establish a Timor-Leste media institution project, but TLPC and some media outlets rejected the attempt.

Tempo Semanal Traffic Hits a High Point.

Secretary of State for Defence Julio Pinto's Opinion Editorial in yesterday's Internet Exclusif on Tempo Semanal has sent Tempo Semanal web traffic through the top.

SSR in Timor-Leste.

Reforming the Security Sector :

Facing Challenges, Achieving Progress in Timor Leste
Júlio Tomás Pinto*

The idea to write the present article came about when I read the report by the investigation team assembled by the Government to study the "Maliana Case", the letter dated 3 July 2009 to the Prime Minister by the Representative of the Secretary General of the UN in Timor-Leste, Dr Atul Khare, on human rights violations by PNTL and the F-FDTL, and the report on the unilateral investigation carried out by UNPOL on this matter. My purpose in writing this article is to encourage a reflection on the approach taken by foreign personalities, agencies or countries in Timor-Leste regarding the reform of the security sector. Also, I am often puzzled with the carelessness displayed by many foreign reviewers who assess our work.

I ask the agencies listed in this article to take my words as food for thought rather than negative criticisms. I trust this article will contribute to strengthening cooperation between Timor-Leste and other countries, as well as between Timor-Leste and the UN.

The State of Timor-Leste, through the President of the Republic, the President of the National Parliament and the Prime-Minister, created last year a strictly Timorese team called Group for the Reform and Development of the Security Sector. It is expected that the Reform of the Security Sector will enable the development and consolidation of the existing agencies, so that they may perform their tasks with efficiency, legitimacy and accountability, thereby ensuring safety to all citizens. It would do well to remind that this reform of the Security Sector is directly linked to the Government's policy concerning the development of its Program. This is why the Group for the Reform of the Security Sector was assembled in the first place. As such, the team is coordinated by two Secretaries of State, namely the Secretary of State for Security and the Secretary of State for Defence.

The said team has been doing an excellent job along with the advisor to the President of the Republic, Dr Roques Rodrigues. The so-called High Level Meetings on the Reform of the Security Sector, where issues concerning the Reform of the Security Sector are debated, involve the President of the Republic, the President of the National Parliament and the Prime Minister, in addition to the two Secretaries of State and some advisors. The UN has also put together a team to support Timor-Leste regarding the Reform of the Security Sector, under the cooperation agreement with the Government of Timor-Leste signed in June 2008. Despite positive reviews by some friends who think the program has been developing for the past year, I do believe that they do not have a Security Sector Reform implementation program. I feel that this is due to the fact that the UN only takes part in the context of "assistance" in conformity with is mandate, which would be important to understand in terms of a peacekeeping vs. peacebuilding dualistic analysis. Indeed, during this period the UN team has held a seminar, placed advisors at the Ministry of Defence and Security in a unilateral manner and has been carrying out mentoring and retraining actions in the PNTL. It seems that the mandate of the UN is only to work alongside with the Secretary of State for Security, particularly with the PNTL. Effectively, in the Sector of Defence it seems that they only work alongside us to speak about training in Human Rights, separation between the roles of the Police and of the Military, advisors and Military Liaison officer training. I myself have requested them to provide training to the F-FDTL in terms of Peacekeeping Forces, but so far no plan has been submitted to us.

When I, in my capacity as Secretary of State for the Defence, meet with a representative from the UN or any country, I tell them two things: firstly, that advisors must present me (in my capacity as Secretary of State and Timorese citizen) several options, as well as their negative and positive implications, so that I may make my decision. This means that no advisor can present me a single option and ask me to follow it, claiming it is the only possible choice.

If on one hand we live in the age of globalization, where the classic concept of State sovereignty has become dimmed, as a result of the need for transparency, cooperation and even the right of interference, where the Timorese sovereignty is limited to the Flag and the National Anthem, as well as some gestures of courage to make decisions without pressure by other States, on the other hand Timor-Leste is a small country but is nevertheless a sovereign State. Consequently its position in relation to any issue has the same value as that of any other State. Accordingly, other States must respect Timor-Leste as the sovereign Nation that it is.

Secondly, I always tell them that the development of the Sector of Defence must be based on bilateral cooperation. This is important for Timor-Leste to be able to set the military system format it wants to establish. This format surely does not include a myriad of different training actions provided by various countries. Should this come to pass, I do not know what the Timorese military system would become. This is why the F-FDTL command has decided that presently the basic military training provided is to be based on the Portuguese system, which is in accordance with the NATO standards, with the possibility of specialized training being based on the systems of other countries. The purpose of this is to provide uniform training so as to enable an efficient Timorese military system in the future. This is preferable to having each country implement its system in the F-FDTL, which would create considerable confusion.

Until 2007 Timor-Leste did not have a National Defence Law and there was no legal diploma approving the Organic of the Military Police. These are just two examples within the scope of legislative drafting. In this field, and in relation to the Sector of Defence, the Government is not required to announce what it is doing or to report to the UN. Nevertheless, we can summarize the reforms completed up until now:

Firstly, at a legislative level, we can highlight the Decree-Law approving the Organic of the Ministry of Defence and Security, the Draft National Security Law regulating the cooperation between the PNTL, the F-FDTL and Civil Protection, the revision of the Military Service Law and the Decree-Law on its regulation, the Draft National Defence Law and the Remuneration Regime for the F-FDTL; currently being prepared we have the Legal Regime for the Retirement of Soldiers, the Military Programming Law, the Military Justice Code and the Decree-Law on the Promotion to General in the F-FDTL. This Decree-Law is important because there have not been promotions from lieutenant-colonel to general for nine (9) years. Finally, the Secretariat of State for Defence, according to the Government Program, is preparing the necessary changes to the Defence Policy, in order to enable the implementation of the National Defence Law proposed to the Parliament.

Secondly, at a structural level, we highlight that the organic law of the Ministry of Defence and Security enables a clear distinction between the political level of defence and security, as a structure constituted by the Minister of Defence and Security, from the military level of the F-FDTL, as well as the autonomous structure that is the National Defence Institute (NDI).

Thirdly, at a training level, we highlight the definition of a Training System and Concept and the drafting of the new Employment Concept for the F-FDTL.

Fourthly, at an administrative level, the Secretariat of State for Defence has already achieved some goals, consubstantiating the legislative drafting process, particularly in changing the concept of recruitment from a mandatory to a voluntary one, improving the subsidies to the F-FDTL, improving the promotion regime for soldiers, implementing the Remuneration System for Soldiers and reviewing the size and capacity building required for the human resources of the Secretariat of State for Defence.

Fifthly, we must highlight the importance given by the Government to F-FDTL infrastructures and equipment. This is a relevant aspect, as previously FALINTIL worked in Aileu beneath canvases. Even when they were moved to Dili they continued to work in containers, and after the 2006 crisis they were transferred to Tasi Tolu, where they continued to work in containers. As such, it was considered important to repair the Military Training Centre of Metinaro. Also in relation to infrastructures, the Government requested financial assistance from China in order to construct the Headquarters and the Building for the Ministry of Defence. In conformity with this, the Chinese Government presented six months ago the project for the Headquarters and the Building for the Ministry of Defence to the Secretary of State for Defence, which was approved by the latter. Therefore the Headquarters for the F-FDTL is scheduled for construction in 2010. Furthermore, this bilateral cooperation with China will also include the construction of 100 houses for F-FDTL members starting next September.

Within the scope of infrastructures, the Government of Timor-Leste has already allocated an amount in last year's budget for constructing Warehouses, the Military Police Building and the Metinaro Armoury.

In addition to this, and according to a review made by Timor-Leste in relation to information on the problem caused by the entry of an enormous number of illegal fishermen in the Timor Sea, the Government has decided to acquire two patrol vessels from the Chinese company Poly Technology. In fact, the previous Government already had plans to purchase patrol vessels. In 2006 the Government had allocated a sum of 10 million dollars for purchasing the vessels, one million dollars for training and three hundred thousand dollars for fuel, but these amounts were suddenly removed by the 2006 mid-year budget. In 2007, responding to a letter by the F-FDTL, the then Prime Minister Dr José Ramos-Horta stated in a dispatch that the vessels might be acquired in 2008. The purpose of purchasing the vessels is firstly to provide resources to the F-FDTL, the Naval Component and other bodies. Secondly it seeks to enable control of the Timor Sea along with neighbouring countries, especially in the South Coast. Politically it seems positive for Timor-Leste to buy these two vessels.

In relation to bilateral cooperation, agreements were signed with Portugal and Canada. Timor-Leste is also discussing and reviewing agreements with Australia, Indonesia and other States wishing to cooperate with Timor-Leste.

Portugal and Australia are two particularly important States for Timor-Leste, as the existing reports indicated that they are the ones who invest more in our country's defence. We have always received support from Portugal, even during the Resistance.

The Portuguese support to Timor-Leste is based on a Technical and Military Cooperation Agreement that includes, inter alia, support through the provision of advisors to the Training Centre of Metinaro, the Naval Component in Hera and to the F-FDTL Headquarters. Presently a Portuguese Language Centre is being established in Metinaro. Portugal is also assisting in the assessment for border demarcation and maritime authority system for Timor-Leste. In addition, they are providing funding for the maintenance of the two vessels they previously offered to Timor-Leste. They have also offered training opportunities in Portugal for sergeants and officers.

Military cooperation with Australia is also very good. We should highlight Australia's assistance to Timor-Leste through the DCP (Defence Cooperation Program). A clear example of this is the Military Training Centre of Metinaro, where almost all the investment comes from Australia. On 17 April 2008 Timor-Leste and Australia held a forum called Defence Cooperation Talks, where both countries agreed on assistance to the construction of an armoury for the F-FDTL and to the construction of a Specialized Training Centre in the Training Centre of Metinaro. So far, however, only the latter has been completed.

On 26 June 2009 Timor-Leste and Australia met again within the scope of the Defence Cooperation Talks in order to review the 2008 Project and the new projects for 2010. Speaking for myself, I was happy to see that Australia wishes to continue providing assistance to Timor-Leste.

Cooperation with the United States of America is also clearly positive. On 18 August Dili will host a Military Conference between Timor-Leste and the United States of America, also designated as USA-Timor-Leste Bilateral Military Conference. Cooperation is also favourable with the US Command in the Pacific, and we find some agreement points for working together.

The experience with the United States of America has been a positive one, as almost all their activity in Timor-Leste has been approved by the Government, corroborating the idea that, as a sovereign State, any activity done by a foreign State, including the United States of America, must be authorized by the Timorese Government. Accordingly, the sending of US Navy vessels to carry out training exercises in our territory under the Status of Forces Agreement (SOFA), existing between both countries since 2003, requires authorization by Timor-Leste. As such, and since the US plan foresees that 3,000 US marines will travel to Timor-Leste, it would be desirable for these training exercises to take place in coordination with the F-FDTL, in order to enable transfer of knowledge to the Timorese forces.

Once more, although Timor-Leste is a small State, it is nevertheless a sovereign Nation in the World, as evidenced by the cooperation ties it has built, including with neighbouring Indonesia. Indeed, in addition to the countries listed above, Timor-Leste has also improved its relationship with Indonesia. After the visit by the Prime Minister Xanana Gusmão and his entourage to Indonesia in 2008, this country allowed for the first time F-FDTL officers to attend the SESKO Angkatan Laut TNI in Surabaya. In 2010 the F-FDTL will send a senior officer to Jakarta, in order to attend the LEMHANNAS (National Defence Institute of Indonesia) in Jakarta. Furthermore, Brigadier General Taur Matan Ruak has already invited the Chief of the Defence Force of Indonesia to visit Timor-Leste later this year.

Regarding this matter, which is a recurrent one since we cooperate with so many countries, it is important to understand that we do not want to become militarily dependent from other States. This is why we believe it is convenient to cooperate with various countries in the World. As such we have a rather positive relationship with Australia, New Zealand, the Pacific islands and the ASEAN countries. We also have healthy relationships with China, the United States of America, Indonesia, Portugal and so many other countries.

Out of the several activities already mentioned, I would like to highlight the importance to Timor-Leste of the National Security Law and the National Defence Law, as they regulate the role of the President of the Republic as the Supreme Commander of the Armed Forces, as well as the connection between the F-FDTL and the Secretary of State for Defence, the Prime Minister, the National Parliament and other holds of high public bodies. This is a particularly important matter as it helps the Government to "prevent anyone from politicizing the F-FDTL and prevent the F-FDTL to interfere in politics". Indeed, it strengthens the constitutional idea that the Armed Forces must be nonpartisan, according to the principle that "the F-FDTL understand politics but must not participate in political meetings or display their political convictions". I should stress that I learned a great deal during my work with the F-FDTL, as the commanders told me "not to give them anything that they were not supposed to do". This expression serves to show in a clear manner the justification for separating politics from the military establishment.

The National Security Law is also indispensible because it regulates cooperation between the F-FDTL, the PNTL and Civil Protection in emergency situations. In fact, the Organic Law of the Ministry of Defence and Security, which has already been approved, foresees an Integrated Crisis Management Centre. Therefore we must be organized to provide assistance to the population in emergency situations, e.g. caused by some natural disaster. Although I have received no such official information, rumours have it that the National Security Law is not appreciated by the UN, as they say it militarizes the police. I hope that this information is not accurate.

After receiving that information from some Timorese citizens, I told them that foreigners always think that what Timor-Leste does is wrong. Only others do things right. There are events from which we can conclude that Timor is always wrong and the UN is always right! Let us consider the crisis caused by the attack on the President of the Republic and the Prime Minister. Some of the distinguished gentlemen of the UN conveyed to the media that the Timorese were in charge of security. Perhaps they forgot that so far there are two Police Commanders, one from the PNTL and the other from the UNPOL. And it is the UNPOL Commander who is in charge! It was only recently that responsibility was turned to the PNTL in three districts, namely Lospalos, Oecussi and Mantuto.

Let us consider another situation. When the Joint Command travelled to the airport to receive the petitioners arriving from Oecussi and the F-FDTL showed up with the weapons they had brought from the KKO HQ, the UNPOL drafted a report stating that the F-FDTL had threatened them with large calibre weapons. The inaccuracy of this report indicates that the authors forget that in a situation of martial law the military must always be prepared, in what one might call a "state of readiness".

Let us now consider the review of the recent events in Maliana. UNPOL presented a report stating that the F-FDTL breached human rights and threatened Philippine elements of the UNPOL by pointing weapons at their chests. After the High Level Meeting with the President of the Republic, the Government assembled a team to investigate the Maliana events. The team consisted of two officers from the State Ministry, Lieutenant-Colonel Koliati from the F-FDTL and Lieutenant Niki from the Military Police, international advisor Chandrabaland for the Secretariat of State for Defence, Inspector Domingos from the PNTL and Dr Anacleto Ribeiro from the Secretariat of State for Security. The investigation concluded that there was no indication of F-FDTL members having "pointed weapons at the chests of UNPOL members". As such it would seem that UNPOL presented an inaccurate report of the Maliana events, which can only serve the purpose of bringing discredit to the F-FDTL. However, the negative campaign to damage the image of F-FDTL continues. Notwithstanding the report from the investigation team, an article appeared in the Worldpoliticsreview.com entitled "East Timor: Security Sector Relapse?" in which it stated that "the domestic security situation improves in the months thereafter, but the police remained sub-ordinate to the army, which still involves itself in the internal security. According to eyewitnesses, UN Police attempts to intervene in a public order incident in Maliana in June 2009 near the Indonesian border, resulted in F-FDTL guns being pointed at the multinational Forces".

More recently, there was another case in the bar called "Casa Minha". Let us make a more detailed analysis of the event. Information from the police agent who was the victim and the youths who witnessed the event, affirmed that two drunken GNR members beat up the PNTL agent until he fell and for this reason the PNTL agent shot at the wheels of the GNR vehicle. UNPOL makes a report stating that the PNTL agent carried a pistol into the bar and fails to mention the intoxicated state of the GNRs.

This fact warranted the intervention of the PNTL General Commander, Longuinhos Monteiro, who strongly protested to the UNPOL Commissioner, Luís Miguel Carrilho who is from Portugal. Longuinhos Monteiro affirmed that "I ask that the two GNR members who beat up my agent be investigated thoroughly" (STL, 13 July 2009). What is known is that up until now the GNR members have been listed as unknown. Only more recently has there been an investigation initiated on this case, however, UNPOL has already issued a suspension notice to the victim, Police Agent Fransisco Magno HAU, while on the ather hand the GNR from UNPOL who beat up the victim are still free.

In relation to this case, the Portuguese newspaper Correio da Manha (16 July 2009), published inaccurate information in their article "Xanana's security leads an attack against the GNR" and the newspaper Noticias Lusofonia (16 July 2009) printed an article entitled "Xanana's Security Accused of Attacking Portuguese Military".

This is not the first time the GNR and UNPOL have violated human rights. We have the case of the PNTL agent, Constantino de Carvalho who was beaten up by the GNRs until he fell. We have the case of the Baucau PNTL Commander, Adérito Ximenes, whom the UNPOL accused of committing human rights violations against one of their members, but in the end, the Court of Appeal decided in favour of Commander Adérito and determined that the UNPOL member was wrong. We also have the case of the UIR Commander, Agostinho Gomes, whose intervention was aimed at resolving an incident at Manleuana Dili, however UNPOL accused him of human rights violations. Of course the UN wants to defend its reputation as UNPOL or UN but it forgets that it is not a "perfect" institution. If it had been a PNTL or F-FDTL member who was drunk and had beaten up others, perhaps the UN would have moved heaven and earth to produce a report in which they would have written a great deal on human rights. We always hear that alcohol, women and playing with guns do not go well together as they represent a security threat. On this matter we are all in full agreement as long as it does not apply only to the Timorese. In Australia, the military also apply this principle. But it seems that perhaps it does not apply to the UN! It is necessary to understand the fact that each of the interventions from each of the UNPOL countries has been uncoordinated and each has acted as they wanted.

The PNTL General Commander, Longuinhos Monteiro, is currently working to repair all that. What we do know is that if we compare the character, self-confidence and performance of some PNTL members with some UNPOL members, ours are much better. UNPOL members are controlled by politicians from their countries but they still want to teach our PNTL that they are better professionals than we.

CONCLUSION: We all move according to the principle of "wanting to do what we (Timor Leste) want, rather than what others want". Although Timor-Leste is a small country, we have our own history, conveyed from generation to generation. As such, the Timorese must be able to choose between foreign opinions, since it would be unwise to follow those that merely seek to serve the interests of those countries.

Despite the negative aspects of international cooperation listed above, this cooperation is still extremely important and requires better coordination between Timorese authorities, the UN and foreign experts so that the Security Sector Reform project can move forward. However, this requires honesty by all. The UN and we must think on how we can improve things.

All of us who work on reforming the Security Sector have the strong support of the President of the Republic, the President of the National Parliament and the Prime Minister, seeking to enable the proper reform of the Security Sector of Timor-Leste. Here we should highlight the contributions of the President of the Republic and the Prime Minister, who have always given us the utmost support in order for us to be able to apply that which is written in the Constitution of the Republic.

Finally, under the principle of "we (Timor Leste) do it because we (Timor Leste) want to follow universal values, not because others tell us to", meaning that "we (Timor Leste) want to do what we (Timor Leste) want, rather than what others want", it is important to understand that the experience of other States should be just a reference to us, rather than trying to reproduce it. If we all want to implement the ideal concept of security sector reform, it is important to understand that it will necessarily take its time, as only so can we find what is good for Timor-Leste.

*Secretary of State for Defence

Democratic Republic of Timor-Leste

Tempo Semanal Edisaun 151

Maubere Oan Hariku Security Maubere Lda

Dili,Tempo Semanal

Lia fuan Maubere idéntiku ho luta ba libertasaun nasionál tan ba hanoin atu hasai povu ain tanan husi terus maibé ha­foin de Timor Leste Ukun rasik an ema bal­un sei uza nafatin naran Maubere ba ko­m­pania seguransa ne'ebé na'in husi e­ma estranjeiru no Timor oan balun.

Kompañia ne'e harii iha fulan Set­embru tinan 2004 husi ema na'in ualu ne'ebé hetan dominasaun maka'as husi em­a Australianu na'in rua ho totál direitu 85% kuota (saham) no ema Timor oan ida de'it maka iha direitu 5% no restu ne'e het­an 2% de'it. Tuir dokumentu aplikasaun ba rejistu no lisensamentu negósiu husi Ko­mpañia Maubere security Lda, iha min­istériu komérsiu, Indústria no Turizmu ne'­ebé jornál ne'e konsege asesu hatudu mo­moos katak Kompañia ne'e ninia na'in maka "warren Myles Knight ho Janice A­nn Knight ho nasionalidade Australianu."

Iha Fulan Agostu 2007 Kompañia ne'e ninia na'in aumenta ba sanulu ho oan Timor na'in hitu ne'ebé kada ida iha­ direitu kuota porsentu rua (totál hotu 14% ba Timor oan na'in 7) no Au­s­tralianu na'in tolu ne'ebé ho totál kuota 86% ho númeru traballadór hamutuk 1481,ema lokál hamutuk 1478 no es­tranjeiru ema na'in 3 de'it. Ikus liu tuir re­jistu Kompañia security Maubere Lda, iha MTCI diresaun nasionál do ko­m­érsiu doméstiku na'in husi ema na'in hitu de'it ona inklui ema estranjeiru ida. Hare ba dominasaun 'saham' husi ema estranjeiru ne'ebé uza naran ho ema ne'ebé maka maubere hodi hariku an iha Timor Leste, Agostinho P. C. Ximenes, estudante Universitáriu ida iha Dili liu husi jornál ne'e ezije ba Go­vernu atu foti medida s. "Ha'u hanoin se­ bele governu limita ema estranjeiru ho Timor oan balun uza naran istóriku nia­n ba sira nia interese ekonomia no polítika." Ha'u hare Kompañia ne'e ninia espíritu la'o ses husi hanoin ita nia eroi sira inklui DR. Horta ninia mehi iha tempu koloniál Portugés nia tempu maibé malae sira uza naran maubere hanehan fali ema ne'ebé la iha kbiit ekonomia hanesan Security Maubere halo daudaun ba Timor oan sira ne'ebé mak ba buka servisu iha sira."

Foin lalais liu ba mosu protesta husi traballadór Security Maubere Lda, nian iha Dili tan problema selu tarde saláriu ba guarda Security Maubere Lda ninian. jornál ne'e tenta atu konfirma ho Sr. Brendan G. Cass maibé nia sujere atu konfirma de'it ho Sr. Olímpio de Carvalho Soares. Sr. Olímpio hateten pro­b­lema ne'e tékniku ida no rezolve ona. "Ne'e sala tékniku de'it tan ba dia 01 monu iha loron Sábadu entaun ami labe­le selu sira nia osan no lanjut ba seg­unda," dale Sr. Olímpio via tele­movel ba TS nia jornalista.

Maubere nia oan sira ne'ebé servisu iha Kompañia Security Mau­b­e­re ne'e maiske manan vensimentu ki'ik no dala ruma selu tarde maibé sira sem­pre lees matan hodi asegura ba soin kliente s sira nian hanesan Mau­b­ere oan na'in hitu nulu resin neen mak tro­ka malu halo seguransa iha Ospitál nasionál Guido Valadares Bidau no ema na'in 21 hein Ospitál referal Oekusi nin­ian ne'ebé governu husu ona ba Ko­m­p­añia refere atu selu ho saláriu mínimu. Bainhira jornál ne'e konfirma kona ba ezijénsia governu liu husi Ministériu Sa­ú­de atu Kompañia sira ne'ebé manan tender ba halo seguransa iha ospitál ho­tu iha timor laran tenke selu pesoál ho saláriu mínimu US$115.00 ne'e, Sr. Olímpio rejeita.

"Governu iha kontratu la determina atu ida hanesan ne'e. La iha governu la define para Kompañia selu guarda sira ne'e maka ami selu sira US$100.00," Olímpio informa. Ba­i­nhira sani hikas ezijénsia Governu nian relasiona ho vensimentu ba seguransa ni­an no husu karik Security Maubere viola rekerimentu ruma husi Ministériu s­aúde ninian relasiona ho selu saláriu nin­ian.

Maibé ho fiar an maka'as Olímpio dehan "La iha, la iha. Ne'e la iha." Me­m­bru Maubere Security ida iha Ospitál Na­sionál ne'ebé lakohi atu publ­ika ninia na­ran hateten,dezde fulan Fev­ereiru nia si­mu saláriu U$ 94.00, ma­ibé hafoin si­ra halo 'tuntutan' iha fulan Maiu Ma­u­b­ere Security hasae sira nia saláriu ba U$ 100.00.

fonte s ne'e ko'alia ho lian makas hodi akuza katak Maubere Security han matak sira tanba sira sente katak serbisu ne'e hanesan fó han fali ba ema se­l­uk. "Ema sira ne'ebé iha Maubere security han matak ami."

"Loos duni, foin daudauk ami halo tunt­­utan ba Maubere Security tanba sira la iha sistema serbisu ne'ebé klaru ko­na ba oráriu simu saláriu nian, nune'e mós dala barak ona ami ba hasoru ma­ubere security nia 'bendehara' mai­b­é sira dehan imi bele ba kesar iha ne­'ebé de'it ami prontu atu ba hat­a­an"haktuir pesoál maubere Security ne'ebé ho insial AG

Seguransa ida seluk ho naran EJ dehan, "kontratu ne'ebé uluk maubere hatudu ba ami ne'e dehan katak saláriu ba ami U$ 95 tanba osan balu sira ko'a ba cuty, moras no ba razaun sira seluk, maibé realidade buat hotu la iha.

Tuir EJ katak, pior liu sira la tau matan ho di'ak ba ninia ema sira tanba dala barak ninia ema sira hetan problema iha loka si seguransa nian sira nunka ba rezolve mais sira abandona fali.

Totál membru Maubere Security ne­'ebé halo seguransa iha Ospitál Gu­i­do Valadares hamutuk ema na'in 76 maibé fahe ba sesaun 4 no kada ses­aun ema na'in 17.

Tuir dokumentu Ministériu saúde ninian define momoos katak kompañia tenke selu seguransa na'in sira ho tuir kritériu saláriu mínimu. Jornalista sani hikas ba nia rekerimentu husi surat Ministériu Saúde ninian mak hakerek ho letra "metan" ne'ebé ezije ba Ko­m­p­a­ñia atu, "selu ba seguransa sira (Sa­láriu Mínimu US$115.00.-kada ema, ka­da fulan, esklui husi kustu anuál no lis­ensa ba partu nian ne'ebé sai responsabilidade tomak ba kontrator (kompañia)."

Maibé jornál ne'e klarifika hikas ho Pe­soál Aprovizionamentu Ministériu Saúde nian, Sr. Avelino Britis informa kat­ak sira nia parte deside ona. "Min­i­sté­riu Saúde determina ona. Iha doku­m­entu s Kontratu Ministériu saúde dete­rm­ina tenke selu seguransa sira tuir saláriu nivel 1," Sr. Britis hateten.

Governu seidauk hatene katak Se­c­uri­t­y Maubere selu saláriu US$100.00 ba seguransa sira ne'ebé haknaar an ih­a Ospitál Bidau no Oekusi. "Ami se­i­da­uk hatene kazu ne'e," dehan Sr. Britis."Tuir Avelino Britis informa katak ospi­tál referal neen iha nasaun ne'e Kom­p­a­ñ­ia Security Maubere kaer seguransa ba Ospitál nasionál Dili ho Ospitál Oekusi. Kompañia Gardamor responsabiliza se­g­uransa ba iha Ospitál Baukau, Maubesi, Maliana ho Suai.

Iha parte seluk wainhira jornál ne'e klarifika ho funsionáriu ida husi kompañia Gardamor ne'ebé husu atu ninia naran labele publika sai ne'e hateten ninia parte halo tuir instrusaun ka ezijénsia husi pr­o­jetu na'in ninia. "Ami hare, halo tuir ona a­kordu ne'ebé halo ho governu,tan ba iha akordu hateten atu selu seguransa sira nia saláriu mínimu US$ 115.00. la iha problema," dehan funsionáriu Ga­r­damor. Governu Timor Leste liu husi Min­is­tériu Saúde asina ona akordu dok­u­m­entu s haat ho kompañia seguransa Gardamor ne'ebé fornese seguransa ba ospitál Baukau, Suai, Maliana no Maubisi. "Ami mós ema balun mai kest­iona kona ba guarda husi kompañia balun nia saláriu ne'ebé sira simu de'it UU$100. Hanesan timor oan ida, ha'u se­nte triste tanba saida kompañia mak ida seluk ne'e halo. Ha'u hanoin nia te­nke selu osan UU$ 100 atu nune'e nia b­ele hetan presu ida ke aas uitoan."

"Bainhira asina kontratu ho ospitál g­overnu determina ona sira nia "budget" iha ne'ebá 'x' amount' kompañia sira ne­'­ebé ba tuir konkursu iha ne'ebá halo konkorre se mak di'ak liu no mós presu ne'e tama ba iha 'budget, seguransa Ma­ubere no Gardamor mak hetan kon­tratu ne'e," nia esplika.

Nia konta tuir pagamentu vensimentu ba pesoál Gardamor ninia. "Kona ba vensimentu ami hetan husi Ministériu, no sira determina ona katak guarda ida tenke hetan vensimentu ne'ebé tuir sira nia direitu no ami mak implementa ba iha guarda ne'ebé servisu iha ospitál."

Gardamor halo seguransa iha fatin seluk mós, maibé, "sira nia deferénsia sal­áriu la hanesan, balun boot liu tiha os­pitál. Ezemplu embaixada balun selu ho pr­esu ida ke makas,"ami hanesan kompañia tuir de'it, tanba kliente hakarak atu selu vensimentu ba sira mai ami la iha problema."

"Saláriu di'ak tanba ami halo tuir akordu ne'ebé halo ho governu sira (Se­g­uransa) nia saláriu UU$ 115 ba sira ne'ebé servisu, portantu la iha problema kona ba saláriu," nia hateten.

Bainhira membru seguransa Gardamor mak iha problema saúde ka falta nia informa katak, "Ami mós iha se­guransa 'kasual' hodi taka fatin sira ne­'ebé falta maibé sira ne'e hanesan te­m­porada, dala ruma iha fulan ida sira hetan no mós dala ruma la hetan."

Nia informa katak durante tinan ida totál membru gardamor permanente ho totál pesoál iha ospitál referal 4 (haat) ha­n­esan Maubesi ema na'in 21,Maliana 24, Suai 94, Baukau 26.

"Saláriu ba seguransa sira ne'­e­bé servisu iha ospitál de'it, hotu-hotu hanesan de'it , tanba ospitál foin hahú. Maibé ema balun servisu tiha ona ba iha ospitál iha tinan 4/5 nia laran sira entrega fila-fali mai iha kompañia, portantu ema balun foin mak tama, maibé sira nia saláriu hanesan de'it."

Iha oportunidade ne'ebá staf Gar­damor ne'e husu atu Ministériu saúde bele foti medida s ba Kom­pa­ñ­ia nakar sira ne'ebé halo terus ba Maubere nia oan sira. "Depois hare ida ne'e mak akontese medida s sa­ida mak Ministériu atu halo, 'se ra ke' husik hela hanesan ne'e, kon­t­in­ua nafatin ba oin ka tenke fó 'per­in­g­atan' uitoan ba sira kona ba problema sal­áriu ne'e?" nia kestiona.

Nia mós ezije atu Ministériu saú­de atu tau atensaun ba pontu s 51%, tan ba, "realidade ne'ebé akontese fila-fali kontráriu. tanba saida?, la'ós tanba kompañia seguransa rua ou tolu problema.

la'ós ida ne'e. Maibé pr­oblema ne'e ita hare fila-fali ba 'keseriusan' governu iha parte ida ne'e, liuliu husi parte aprovi­zi­ona­m­e­ntu."Nia hatutan hato'o ninia duvida, "Agora se 51% la'o naran de'it entaun lalika tau 51% iha ne'e," nia ko'alia ho liman hatudu ba surat governu nian ida maka nia kaer hela iha liman karuk. Nune'e duni nia sujere ba governu kuandu buat hirak ne'e la hala'o, "entaun husik nia ba boron tiha de'it kuandu la hetan la iha problema."Tuir nia hare se governu la sériu atu rezolve problema ne'e entaun di'ak liu hasai tiha pontu 51% duke tau iha ne'ebá depois viola fali.

"Hanesan timor oan ida ha'u sente la dun satisfás kuandu 51% iha t­iha dokumentu s nia laran i depois la aplika ida hanesan mós kontra ona."Bainhira Governu la foti medida s hasoru Kompañia Security M­a­u­b­ere Lda maka bele tau imp­r­es­aun ba ema nia hanoin katak, "vi­ola lei ne'e la'ós hanesan ami emp­r­ezáriu ne­'e, mas membru governu rasik mak viola lei ne'ebé iha ne'e."(ts)

Internet Exclusif: The Provedor Issues Damning Report Accusing the Minister of Justice

In mid July 2008 Tempo Semanal first reported on allegations of corruption collusion and nepotism being perprerated by the Minister of Justice in the awarding and implementation of Ministry of Justice tenders, contracts and projects. One case in particular bring the Gleno and Becora Prison Rehabilitation Project. In December 2008 the Minister of Justice lodged a charge of defamation against Tempo Semanal. In mid July of 2009 in the last 2 weeks the Provedor of
Timor-Leste has issued a report sending its findings and recommendations to the Prime Minister, Council of Ministers and the Prosecutor-General.

Minister Lobato and her UNDP Colleagues that assisted in rehabiitating the prison wall at Becora.

Among the findings are

1) that the Minister of Justice abused her power
2) that the Minister of Justice exercised gross nepotism as the company which one the award has a family member as director
3) that the Minister of Justice is corrupt in exercise of Gleno/Becora Prison project
4) that there was a conspiracy between the companies which one the contracts and the Minister of Justice

To read the full report - download here (7MB)

PM signs off on project for Minister’s husband TS Edisaun 149

PM signs off on project for Minister’s husband,

Soares: Why didn’t anyone complain when Mari signed?
Dili, Tempo Semanal

The murky waters of the dispute between kin inside the company Pualaka Petroleum Fuel Ltd has not just spilt over from Santacruz (the head office for Pualaka Petroleum Fuels) to the door of the Minister for Justice, but has spilt beyond into the Ministry of Finance right up the Government Palace to flood right up to the legs of the Prime Minister’s chair.

It happens that on the 19^th of September 2008, Prime Minister Gusmão signed the contract with Americo Lopes, for his company Pualaka Petroleum Fuel Ltd to supply fuel to EdTL (Electricity of Timor-Leste). Luckily, the case of the locked out Pualaka employees at Tibar Port, and the falsification of the company shareholding statutes, which put an end to the continued supply of fuel to EdTL, otherwise, Pualaka and its boastfulness would still be supplying fuel to EdTL despite the ongoing power cuts which keep Dili’s electricity blinking on and off. The legal procedures for the Prime Minister to sign the contract with the Justice Minister’s husband, was not as a consequence of the PM exercising his whim, but the duty and powers given by law to the PM to sign contracts, but which is affected by the provisions of article 3 of Law No. 7/2007 on Constitutional Officeholders, in that bit creates certain prohibitions with regards to certain companies.

Clause 1 of this law states that Companies whose capital belongs in a percentage over 10% to a person who holds the office at a constitutional body will be prohibited from entering tenders for the supplying of goods or services, as well as for the exercise of trade or industry activities, in contracts with the State and other entities.

Clause 2, line a) of the law states that Companies whose capital, in the same percentage, belongs to the spouse of the holder, when there is no separation of persons and assets, to their

ascendants and descendants in any degree and to collaterals up to the 2^nd degree, as well as the person who lives with the holder in a situation akin to marriage are also prohibited.

Line b) of clause 2, states that this also applies to Companies in which capital the holder of the office detains, directly or indirectly, alone or together with the relatives mentioned in the previous sub-paragraph a), hold a participation not below 10%.

Consequently, many now believe that there has been a breach of article 3 of Law No. 7/2004 because of the 10% limitation stipulated by the law, because Americo Lopes holds 30% of Pualaka. Though Americo Lopes is not an officeholder, but he is the husband of the Minister of Justice and has family links with the Prime Minister.

However, according to the Director General of State Finances, Francisco Soares, decree law 10/2005 was amended by a decree law in 2008 which sets out the tender process and who is empowered to approve contracts. He says that the Minister signs contracts valued at between five hundred thousand dollars to one million dollars, the PM signs contracts upwards of one million dollars and the director can sign for contracts five hundred thousand dollars and less, but that this is dependent on delegation of powers from the Minister. “We follow the rules,” Soares told this newspaper from the Ministry of Finance building , Thursday 03/07/2009.

However, FRETILIN MP Francisco Branco accused the Prime Minister of breaching the Constitutional Officeholders because he signed a contract in favour of a relative. Branco’s view is that the Prime Minister should delegate administrative power to the Minister of Finance to do this, so that the PM can have more time to better control his government’s activities. But some in civil society disagree saying that doing this will result in diminished power for the Prime Minister to properly control collusion, corruption and nepotism.

“The Prime Minister is the head of the government and has to be in a position to know all that is happening in the administration and to approve projects. It’s akin to a director of a company abrogating his or her power to authorize financial transactions to someone else. That would only be for a crazy director to do,” this civil society member said.

But Branco stressed that he was unhappy with the current situation because when the Prime Minister is the one to sign contracts, it facilitates more nepotism and closes off avenues for transparency and accountability. From Branco’s point of view the Prime Minister should delegate these powers because it is consistent with ensuring she has control over the budget and because the keys to the state’s coffers are already in her hands anyway. Branco accuse the Prime Minister of having interfered with the powers of others in his government by taking short cuts in signing the rice and fuel contracts, acts which did nothing to promote transparency and accountability in the public administration.

Soares says however that the Prime Minister signs contracts because the procurement law empowers him to do so. ‘The procurement law was enacted by FRETILIN, and under this law Pm Alkatiri previously signed contracts above one million dollars, as did the former Finance Minister Maria Madalena and the former Procurement Director Gregorio Sousa. So why are the opposition parties now questioning this law? It seems to me like perhaps they are not familiar with system which has been in place,” Soares said.

On another, Soares also mentioned that the UNTAET public finance law number 13/2001 was being reviewed and will be amended. Soares said that their work was based on principles of professionalism and integrity.

On the same occasion, when he spoke about why Americo Lopes won this tender, Soares explained that the Justice Minister’s husband winning the tender was political. The law must be changed if political questions result in a breach of the law. Only the council of ministers and the parliament can change the law, procurement only follows the laws that are approved by parliament and promulgated by the President of the Republic. “We don’t look at who bids in a tender, we only assess at their professionalism and integrity to complete the project. Because of this I always say that I am not concerned with whoever wants to take these things to court because I am ready to answer,” Soares said smiling.

But when responding to journalists regarding the law and the emergence of conflict of interest, the Director General explained that they are always careful avoid conflict of interest arising during a tender. “If my brother submits bid documents for a tender, then I cannot participate in the bid evaluation team so as to avoid a conflict of interest arising. But I cannot impede him from tendering because that is his right,” he spoke.

From the civil society perspective, Joazito Viana, General Manager of Luta Hamutuk thinks that this government has not yet been transparent in the way it manages tenders because it does not publish the selection process for companies that are awarded contracts for projects, such as how many companies compete in a tender and which are selected. Such a process can result in all sorts of speculation as to why companies miss out on selection. The government should rectify this by being transparent from the time a tender opens so that expectations do not build up from the companies that bid and avoid future public controversy. But because the government has failed to do this, then many problems have emerged such as with the rice contracts, Viana said. He elaborated saying that at present there is a lot of rice rotting away in warehouses, and not being distributed to the intended beneficiaries. Its these types of things that lead people to speculate that this government is promoting collusion, corruption and nepotism.

“We want to point out that right now we are seeing some increase in rice production in some districts because of the distribution of tractors through the economic stabilization fund, such as in the sub-district of Maliana in Bobonaro, where on Monday, 6 July 2009 there was a demonstration by farmers complaining that their production of nearly 400 tonnes of rice was rotting in the sub-district warehouse. We have to question what went wrong, because the government has been urging the farmers to increase production but at the same time it has entered into contracts with rice importers. This shows a lack of accountability by the government, especially in the tendering process.

So, we request the government to involve everyone in the bid selection process of companies who compete and to publish the name of the winning bidder, so as to avoid speculation and public questions that there has been family favoritism in the tender process,” Viana said.

Nevertheless, Viana defended the right for whomever to bid in tenders, whether they are the son or daughter of a minister or a brother or sister of the minister, because all citizens have equal rights. He added that according to the human rights convention and the convention on political, economic, social and cultural rights, all persons have equal access regardless of kinship. But such persons winning contracts for projects they bid on must ensure they complete the project with quality, because they qualified according to criteria set out in the bid conditions. But he also said it would be a better situation when the government created a mechanism to avoid family involvement in the tender process.

On the issue of the concern some have regarding the PM not delegating financial management powers to the Finance Minister, this member of civil society declared that this was this was one of the procedural issues that was not yet clear with the Ministry of Finance itself, because the Ministry of Finance only submits proposals to the Head of the Government for approval but does not sign contracts because the Ministry of finance also has the responsibility of preparing the contract through the procurement division.

“According to some documents that we have seen, the PM has signed some contracts, which he should not do. But in his capacity as Minister of Defence and Security he can sign contracts, not as PM. The PM only approves proposals submitted to him by the Ministry of Finance, with the Ministry of Finance acting like the master kitchen for smaller kitchens in smaller departments, managing the process right up to taking it to the PM for his approval,” Viana said.

On questions from journalists regarding the procurement law giving the PM power to sign contracts, Viana was clear in saying that he had power to sign international agreements. He pointed to a case where the PM did not have any power to sign, such as with the contracts with Conoco Phillips to explore, or when ENI won the blocks to explore for oil in the exclusive zone in the Timor Sea. These contracts with multinational companies for contracts valued at millions and millions of dollars, the PM does not have any power to sign.

As such whenever we speak of the PM signing for Pualaka Petroleum Fuel to supply fuel for EdTL with a contract price of US$1,473,360.00 (as is written in the contract document signed by Americo Lopes dated 3 July 2009), Vianan added that it shows that the PM did wrong because in signing with this company. Such a decision also points to an interference with the powers of others, because it should be procurement signing these contracts, after the PM has approved the proposal made by the Ministry of Finance for the contract. Viana suggests the government should change this system, the current procurement mechanism and procedures, otherwise one day the PM will also be signing for just one dollar.

On another matter, the Deputy Director of Luta Hamutuk, Edio Saldanha Borges said that law No &, article 3 of the law on Constitutional Officeholders already stipulates various prohibitions on companies in which they or their relatives to the second degree of kinship have a shareholding in excess of 10% to bid for state tenders. Because of this, if the PM signed a contract with the Minister’s husband with whom the PM has a family relationship with, then the PM has breached the law on constitutional Officeholders because a conflict of interest clearly arose when he signed the contract.

Therefore, Edio suggested that the authorities with the legal powers should act in relation to this case, but more than just sending it to the Provedor for Human Rights and Justice or an investigation by the Inspector General or by the Deputy PM for Administrative Affairs, but has to be sent to the Prosecutor General to formally proceed with an accusation so that everyone can see that the law was enacted to apply to everyone and not just to protect the high and mighty.

According to Edio, the way to curtail such conduct is for the National Parliament to use its oversight and monitoring powers to ensure that the government knows not to act beyond their powers.

“we should not treat this as case of ‘because it involves our big brother, we are all scared’. None of us want this. If someone breaks the law then we should not be afraid of correcting that, because it involves the peoples’ rights and nothing to do with it involving our ‘big brother’”, Edio stressed.

He added that when a leader commits a wrong then “we should look to whether the criminal code has been breached and whether it should be tried by the courts. The parliament can resolve political issues. But the Prosecutor general has to investigate if there is a criminal issue involved. This is how cases such as the Gleno Prison and the supply of uniforms for prison guards should be addressed, with prosecution to the end so that all can see that there is a commitment address this type of misconduct,” Edio suggested.

The New Prima: Zenilda Pulled Out?

The recent story that the Prime Minister of Timor-Leste gave a multi-million dollar contract to his daughter Zenilda Gusmao now appears to have a new intepretation. The Government has produced new records which show that while Zenilda was a shareholder of the company in the beginning that she sold her shares in September 2008 before Prima Food was awarded a $3.5 million dollar rice contract in November 2008.

According to the business registration September 2008 which Tempo Semanal has obtained it shows that the Director of Prima Food Lda, wrote to the Minister of Commerce, Gil Alves on 12 September 2008 to have a change in the company registration. In the first registration Xanana’s Daughter Zenilda Emilia Baptista Gusmao owned an 11.10% share but on the September document her name and ownership has been withdrawn with only 8 sharelholders total.

According to the business registration September 2008 which Tempo Semanal has obtained it shows that the Director of Prima Food Lda, wrote to the Minister of Commerce, Gil Alves on 12 September 2008 to have a change in the company registration. In the first registration Xanana’s Daughter Zenilda Emilia Baptista Gusmao owned an 11.10% share but on the September document her name and ownership has been withdrawn with only 8 sharelholders total.

According to the internal company note to the Minister it declares that declare that, “Ms Zenilda E. B. Gusmao as a member from Prima Food starting today Thursday, September 11^th 2008 will not participate any more in this company because so far she is not active in the meetings and other activities within the Prima Food Lda".

In the same letter they also state that Ms. Maria Angela Rangel and widow of the the former FRETILIN Deputy Speaker in the Parliament, Senhor Jacob Fernandes, Ms. Dulce Angela Fernandes bought Zenilda's share in Prima Food. This contract appears to have been given not exclusively to supporters of AMP, as Xanana’s government appears to be awarding contracts to most people in the Dili establishment - both in and out of Government.

“We the Government want all business people to participate and I don’t want to use a single own shareholder Company. If you all (Business people) agreed that means for each company minimum a joint venture by five people. All business gathers yourself then we will decide. Now we have the economy stabilisation funds for those who can imported first (rice) with how many (tons) and take how many months, who bringing in as it is and (Rice Quantity) arrived in what months? And who else can import these amount (rice) take till what months? There were 17 companies not only the once belongs to my daughter. From the 17 companies, each company involved many many people,” Said Xanana at the National Aiport press briefiing in July 2009 in return from medical treatment in Singapore.

Mr. Epifanio da Silva Faculto the director of Commerce at that time confirmed that Ms. Zenilda has resigned from Prima Food several months before the contract has awarded. “It’s true that Zenilda was a member in the beginning but later in the year she has not involved in the company,” he told Tempo Semanal in a phone interview.

But Mr. Arsenio Bano FRETILIN Vice President has rejected that Zenilda’s Resignation by said, “It’s not true. She was still member of the company when the contract was awarded.”

The Timorese politicians from all sides trying to use media to miss lead the public opinion,” said a source which doesn’t want to quote her name in this story.

She said she is from the opposition but she also disagrees with some attitude from some of her party members. “They are trying to discredited Xanana and latter people said every leader of this country are failed.”