April 20, 2005
http://timor-leste.usaid.gov/PrintVersion/DGArchive24Print.htm
More than 60 East Timorese journalists, legal professionals, and members of Parliament met recently to discuss how the government's proposed criminal code might affect the media and human rights.
The draft legislation includes criminal penalties for journalists convicted of defamation rather than treating defamation as a civil offense. The code as it stands would allow for unspecified fines and up to three years in prison for journalists convicted of defamation of public officials or public institutions. Many countries are reexamining their criminal laws on defamation in an effort to reduce the "chilling" effect that criminal penalties may have on the media by strengthening the remedies provided for the victim under civil laws.
Some seminar participants supported the inclusion of defamation in East Timor's criminal code, including former Judge Rui Pereira dos Santos. But most participants disagreed, citing the tendency of criminal laws to discourage investigative journalism and weaken the media's roles of information provider and public watchdog.
Criminal sanctions would be "counterproductive," according to Aderito Hugo da Costa, editor of the Timor Post, one of the country's daily newspapers. He felt that the threat of such penalties would inhibit the development of East Timor's young media sector. Da Costa also voiced a broadly held concern that the draft legislation may contravene the freedom of expression and freedom of the media provisions in East Timor's constitution.
During the session, Member of Parliament Manuel Tilman said that he supports the creation of a press council to help the media regulate itself and offer mediation services as a way to keep disputes out of East Timor's overburdened court system.
Many of the participants agreed to work together to develop alternative language for sections of the draft law and lobby members of government before the legislation goes before Parliament for approval.
USAID partners Internews and Judicial System Monitoring Programme hosted the seminar. USAID's partnerships support key foundations of good governance in East Timor, including strengthening the justice sector, encouraging transparency and accountability in the development of government policies and legislation, and expanding citizen participation in civic activities.
Saturday, April 28, 2007
Parliament Drafting Law on Veterans
Parliament Drafting Law on Veterans
October 11, 2005
http://timor-leste.usaid.gov/PrintVersion/DGArchive25Print.htm
The National Parliament of Timor-Leste is drafting landmark legislation to recognize the former combatants who dedicated their lives to the establishment of an independent country. Members of Parliament introduced the draft bill to the plenary in July 2005 and it is under review by the Committee for the Constitution, Rights, Liberties and Guaranties. The Committee plans to hold public consultations on the draft bill starting in October 2005. The National Parliament’s drafting of the veteran’s legislation is an important milestone. Most legislation promulgated to date has been initiated by the Government of Timor-Leste although the Constitution grants authority to both the National Parliament and Government to initiate legislation. The National Parliament also appointed its first ad-hoc committee for the drafting of this bill.
In May, the Parliament’s Ad-Hoc Committee on the Independence War Veteran’s Law held a three-day retreat in Baucau to discuss and finalize the bill entitled "Estatuto dos Combatentes da Libertação Nacional" (National Liberation Combatant’s Statute). The members of the Committee scrutinized each article of the draft bill to verify the compliance with the recommendations in the Joint Committee Report on Veterans approved by the Parliament in December 2004. They also refined details for the bill’s preamble and explanatory notes to be submitted with the legislation to the National Parliament.
Parliamentary Advisor Anildo da Cruz, a lawyer from Guinea-Bissau, has worked closely with the Committee in preparing the draft. Mr. da Cruz has provided technical advice on the draft bill as well as information on the comparative experience of Guinea-Bissau in adopting legislation on war veterans after the struggle for independence from Portugal.
This draft legislation also represents a lengthy consultative process. It began in 2003 when President Xanana Gusmão created two independent commissions on veterans. Following the submission of the joint report of the two independent commissions to the Parliament, and deliberations by the Members of Parliament, on July 6, 2004 the Parliament established an 11-member Ad-Hoc Committee to review the report. The committee concluded its work in November 2004 and submitted its comprehensive analytical report entitled, "Pay Homage to Former Combatants and Veterans of FALINTIL," with recommendations for action to the Parliament. After debate, Parliament approved the report and created a new ad-hoc Committee to draft a law on the former combatants’ issues.
As USAID's implementing partner for the Access to Justice and Legislative Development program, the Asia Foundation contributes to the development of the National Parliament providing legislative drafting training to members of parliament through the University of San Francisco training program and supporting Mr. da Cruz as a fulltime Parliamentary Advisor. Mr. da Cruz advises and supports committees to improve legislative drafting and legislative support services.
October 11, 2005
http://timor-leste.usaid.gov/PrintVersion/DGArchive25Print.htm
The National Parliament of Timor-Leste is drafting landmark legislation to recognize the former combatants who dedicated their lives to the establishment of an independent country. Members of Parliament introduced the draft bill to the plenary in July 2005 and it is under review by the Committee for the Constitution, Rights, Liberties and Guaranties. The Committee plans to hold public consultations on the draft bill starting in October 2005. The National Parliament’s drafting of the veteran’s legislation is an important milestone. Most legislation promulgated to date has been initiated by the Government of Timor-Leste although the Constitution grants authority to both the National Parliament and Government to initiate legislation. The National Parliament also appointed its first ad-hoc committee for the drafting of this bill.
In May, the Parliament’s Ad-Hoc Committee on the Independence War Veteran’s Law held a three-day retreat in Baucau to discuss and finalize the bill entitled "Estatuto dos Combatentes da Libertação Nacional" (National Liberation Combatant’s Statute). The members of the Committee scrutinized each article of the draft bill to verify the compliance with the recommendations in the Joint Committee Report on Veterans approved by the Parliament in December 2004. They also refined details for the bill’s preamble and explanatory notes to be submitted with the legislation to the National Parliament.
Parliamentary Advisor Anildo da Cruz, a lawyer from Guinea-Bissau, has worked closely with the Committee in preparing the draft. Mr. da Cruz has provided technical advice on the draft bill as well as information on the comparative experience of Guinea-Bissau in adopting legislation on war veterans after the struggle for independence from Portugal.
This draft legislation also represents a lengthy consultative process. It began in 2003 when President Xanana Gusmão created two independent commissions on veterans. Following the submission of the joint report of the two independent commissions to the Parliament, and deliberations by the Members of Parliament, on July 6, 2004 the Parliament established an 11-member Ad-Hoc Committee to review the report. The committee concluded its work in November 2004 and submitted its comprehensive analytical report entitled, "Pay Homage to Former Combatants and Veterans of FALINTIL," with recommendations for action to the Parliament. After debate, Parliament approved the report and created a new ad-hoc Committee to draft a law on the former combatants’ issues.
As USAID's implementing partner for the Access to Justice and Legislative Development program, the Asia Foundation contributes to the development of the National Parliament providing legislative drafting training to members of parliament through the University of San Francisco training program and supporting Mr. da Cruz as a fulltime Parliamentary Advisor. Mr. da Cruz advises and supports committees to improve legislative drafting and legislative support services.
Community Leaders Hear Details of Land Law and Labor Code
Community Leaders Hear Details of Land Law and Labor Code
(June 4, 2004)
http://timor-leste.usaid.gov/PrintVersion/DGArchive17Print.htm
Two recent workshops hosted by the University of San Francisco helped community leaders, representatives of civil society organizations, and students better understand East Timor's new land law and labor code.
The workshop on the new land law targeted village heads (chefe de suco), members of councils of elders, and subdistrict administrators. After nearly five centuries of foreign occupation, East Timor has a complicated mix of land tenure claims. Local leaders are the ones most likely to engage in dispute resolution of conflicting claims.
Speakers at the workshop included a member of Parliament, an advisor to the Public Defender's Office, and the head of the National Directorate of Land and Property (DLP), the government office responsible for land matters. Much of the discussion focused on the important role played by the DLP in mediating land disputes.
In the second workshop, a Timorese union representative, a member of Parliament, and a representative from the International Labour Organisation (ILO) presented sessions on labor dispute resolution mechanisms, ILO conventions on women workers, and basic workers' rights and workplace safety.
At both sessions, the question and answer periods generated lively discussions. Participants praised the workshop organizers for providing detailed information on government laws and policies, and on dispute resolution mechanisms, noting that this was the first time such information had been presented to them. Participants at the land law workshop requested additional workshops at the community level to help them disseminate the information.
USAID supports the University of San Francisco's community legal education workshops through its partnership with The Asia Foundation's Access to Justice Program. The workshops improve citizens' knowledge of East Timor's laws and its justice system and improve access to viable dispute resolution mechanisms.
(June 4, 2004)
http://timor-leste.usaid.gov/PrintVersion/DGArchive17Print.htm
Two recent workshops hosted by the University of San Francisco helped community leaders, representatives of civil society organizations, and students better understand East Timor's new land law and labor code.
The workshop on the new land law targeted village heads (chefe de suco), members of councils of elders, and subdistrict administrators. After nearly five centuries of foreign occupation, East Timor has a complicated mix of land tenure claims. Local leaders are the ones most likely to engage in dispute resolution of conflicting claims.
Speakers at the workshop included a member of Parliament, an advisor to the Public Defender's Office, and the head of the National Directorate of Land and Property (DLP), the government office responsible for land matters. Much of the discussion focused on the important role played by the DLP in mediating land disputes.
In the second workshop, a Timorese union representative, a member of Parliament, and a representative from the International Labour Organisation (ILO) presented sessions on labor dispute resolution mechanisms, ILO conventions on women workers, and basic workers' rights and workplace safety.
At both sessions, the question and answer periods generated lively discussions. Participants praised the workshop organizers for providing detailed information on government laws and policies, and on dispute resolution mechanisms, noting that this was the first time such information had been presented to them. Participants at the land law workshop requested additional workshops at the community level to help them disseminate the information.
USAID supports the University of San Francisco's community legal education workshops through its partnership with The Asia Foundation's Access to Justice Program. The workshops improve citizens' knowledge of East Timor's laws and its justice system and improve access to viable dispute resolution mechanisms.
Journalists Plan Draft of New Media Law
Journalists Plan Draft of New Media Law
(March 29, 2004)
http://timor-leste.usaid.gov/DGHighlightsArchives/DGHighlightsArchive.htm
A recent one-day workshop on media and the law in East Timor brought together 34 journalists and legal specialists to discuss the country's current legal framework and consider ways to improve it. At the end of the workshop, the participants created a special working group to draft a new media law to present to Parliament. Members of the working group include journalists from East Timor's print and broadcast media and legal advisors.
Current media law is based on Indonesian law, and journalists have highlighted areas that should be revised to better suit the East Timor context. The Indonesian law's libel fines, in particular, have come under criticism after a controversial decision last year by the Dili District Court to impose a potentially bankrupting fine of $50,000 on one of the country's two daily newspapers after finding it guilty of defaming an Indonesian businessman. Members of the new working group also agreed to evaluate regulations and best practices from other countries.
Journalists have also raised concerns about portions of the Indonesian law that allows journalists to be jailed for critical reporting of government officials and other forms of dissent. Likely recommendations for new legislation include decriminalizing defamation and establishing in detail the right to free expression.
The recent workshop, organized by Internews, followed a high-level conference last year organized by Internews and The Asia Foundation that featured a panel of experts from three countries and opened by President Xanana Gusmao. Internews continues to support media law development by organizing meetings and providing international advisors and information on best practices from around the world.
Internews is one of USAID's implementing partners in East Timor. USAID supports its efforts to enhance the skills of journalists, improve the sustainability of media outlets, and encourage public debate on key issues related to legislation and justice.
(March 29, 2004)
http://timor-leste.usaid.gov/DGHighlightsArchives/DGHighlightsArchive.htm
A recent one-day workshop on media and the law in East Timor brought together 34 journalists and legal specialists to discuss the country's current legal framework and consider ways to improve it. At the end of the workshop, the participants created a special working group to draft a new media law to present to Parliament. Members of the working group include journalists from East Timor's print and broadcast media and legal advisors.
Current media law is based on Indonesian law, and journalists have highlighted areas that should be revised to better suit the East Timor context. The Indonesian law's libel fines, in particular, have come under criticism after a controversial decision last year by the Dili District Court to impose a potentially bankrupting fine of $50,000 on one of the country's two daily newspapers after finding it guilty of defaming an Indonesian businessman. Members of the new working group also agreed to evaluate regulations and best practices from other countries.
Journalists have also raised concerns about portions of the Indonesian law that allows journalists to be jailed for critical reporting of government officials and other forms of dissent. Likely recommendations for new legislation include decriminalizing defamation and establishing in detail the right to free expression.
The recent workshop, organized by Internews, followed a high-level conference last year organized by Internews and The Asia Foundation that featured a panel of experts from three countries and opened by President Xanana Gusmao. Internews continues to support media law development by organizing meetings and providing international advisors and information on best practices from around the world.
Internews is one of USAID's implementing partners in East Timor. USAID supports its efforts to enhance the skills of journalists, improve the sustainability of media outlets, and encourage public debate on key issues related to legislation and justice.
Senior U.S. Judge Aids the East Timor Justice Sector
http://timor-leste.usaid.gov/PrintVersion/DGArchive10Print.htm
(January 29, 2004)
A senior U.S. judge visited East Timor government officials and members of the judiciary recently to help them understand the challenges and opportunities facing the country's emerging justice sector. Judge J. Clifford Wallace serves on the U.S. Court of Appeals for the Ninth Circuit and acts as a senior advisor on legal systems and judicial administration to The Asia Foundation.
Judge Wallace has 33 years of experience as a judge in the United States and as an expert advisor in 65 countries. During his visit he met Judge Jacinta Correia da Costa of the Court of Appeals, Judge Carmelita Moniz of Dili District Court, Prosecutor General Longuinhos Monteiro, Justice Minister Domingos Sarmento and Vice Minister Manual Abrantes.
Among the issues discussed during Judge Wallace's visit were how to strengthen the independence of the judiciary and how to develop the means to enforce high standards of judicial performance. Participants also considered ways to attract more U.S. support. "Due to his extensive global experience, Judge Wallace offered valuable insights into the potential for adapting the lessons learned by other justice systems for the benefit of East Timor's justice sector development," said Judge Moniz.
Judge Wallace is scheduled to return to East Timor in early 2004 to assist further with activities in the justice sector.
USAID supports The Asia Foundation's Access to Justice program
(January 29, 2004)
A senior U.S. judge visited East Timor government officials and members of the judiciary recently to help them understand the challenges and opportunities facing the country's emerging justice sector. Judge J. Clifford Wallace serves on the U.S. Court of Appeals for the Ninth Circuit and acts as a senior advisor on legal systems and judicial administration to The Asia Foundation.
Judge Wallace has 33 years of experience as a judge in the United States and as an expert advisor in 65 countries. During his visit he met Judge Jacinta Correia da Costa of the Court of Appeals, Judge Carmelita Moniz of Dili District Court, Prosecutor General Longuinhos Monteiro, Justice Minister Domingos Sarmento and Vice Minister Manual Abrantes.
Among the issues discussed during Judge Wallace's visit were how to strengthen the independence of the judiciary and how to develop the means to enforce high standards of judicial performance. Participants also considered ways to attract more U.S. support. "Due to his extensive global experience, Judge Wallace offered valuable insights into the potential for adapting the lessons learned by other justice systems for the benefit of East Timor's justice sector development," said Judge Moniz.
Judge Wallace is scheduled to return to East Timor in early 2004 to assist further with activities in the justice sector.
USAID supports The Asia Foundation's Access to Justice program
National Debate Focuses on Justice System Issues
http://timor-leste.usaid.gov/PrintVersion/DGArchive12Print.htm
(March 11, 2004)
A series of public meetings held across East Timor about the country's justice system culminated recently in a three-day National Dialogue on Justice held in Dili. Opened by President Xanana Gusmao, the Dili sessions attracted capacity crowds to hear speakers and moderators from the top levels of all the county's major justice institutions. All the discussions were broadcast live by national radio and television. The meetings at the district and national levels were organized by the Office of the President with support from The Asia Foundation.
Among the participants were the president of the Court of Appeals, the prosecutor general, the public defender, the minister and vice minister of justice, the vice president of Parliament, and the chairman of the Commission for Reception, Truth, and Reconciliation. The sessions focused on three basic issues:
• the current state of the nation's justice system
• the role of justice systems in society, including traditional and local dispute resolution processes
• the structure and purpose of the prison system.
However, debate and discussion were not limited to these three topics, and lively exchanges on a variety of issues took place. At the end of the sessions, participants offered a range of recommendations in four areas: legislation, investigation, implementation processes, and human resources. For example, many participants agreed that there is a need to create statutes for judicial institutions to establish competencies and to regulate interaction between judicial institutions and other branches of government. The government should ensure that the prison system adheres to human rights principles. Alternatives to prison terms are also needed, such as community service or fines.
Many participants applauded the ongoing efforts to translate laws used in East Timor into Tetum, one of the official languages. Many reaffirmed the need for more private lawyers and for a government effort to inform local communities across the country about new and amended laws. They also strongly recommended that the government study and regulate the use of traditional and local justice systems. A booklet detailing all the recommendations will be published and distributed by the Office of the President.
In partnership with The Asia Foundation, USAID supports national dialogue process. It is an integral part of The Asia Foundation's work to enhance East Timor's emerging justice system, raise public awareness and understanding of how the system works, and facilitating informed public participation in legal development efforts.
(March 11, 2004)
A series of public meetings held across East Timor about the country's justice system culminated recently in a three-day National Dialogue on Justice held in Dili. Opened by President Xanana Gusmao, the Dili sessions attracted capacity crowds to hear speakers and moderators from the top levels of all the county's major justice institutions. All the discussions were broadcast live by national radio and television. The meetings at the district and national levels were organized by the Office of the President with support from The Asia Foundation.
Among the participants were the president of the Court of Appeals, the prosecutor general, the public defender, the minister and vice minister of justice, the vice president of Parliament, and the chairman of the Commission for Reception, Truth, and Reconciliation. The sessions focused on three basic issues:
• the current state of the nation's justice system
• the role of justice systems in society, including traditional and local dispute resolution processes
• the structure and purpose of the prison system.
However, debate and discussion were not limited to these three topics, and lively exchanges on a variety of issues took place. At the end of the sessions, participants offered a range of recommendations in four areas: legislation, investigation, implementation processes, and human resources. For example, many participants agreed that there is a need to create statutes for judicial institutions to establish competencies and to regulate interaction between judicial institutions and other branches of government. The government should ensure that the prison system adheres to human rights principles. Alternatives to prison terms are also needed, such as community service or fines.
Many participants applauded the ongoing efforts to translate laws used in East Timor into Tetum, one of the official languages. Many reaffirmed the need for more private lawyers and for a government effort to inform local communities across the country about new and amended laws. They also strongly recommended that the government study and regulate the use of traditional and local justice systems. A booklet detailing all the recommendations will be published and distributed by the Office of the President.
In partnership with The Asia Foundation, USAID supports national dialogue process. It is an integral part of The Asia Foundation's work to enhance East Timor's emerging justice system, raise public awareness and understanding of how the system works, and facilitating informed public participation in legal development efforts.
National Debate Focuses on Justice System Issues
(March 11, 2004)
http://timor-leste.usaid.gov/PrintVersion/DGArchive12Print.htm
A series of public meetings held across East Timor about the country's justice system culminated recently in a three-day National Dialogue on Justice held in Dili. Opened by President Xanana Gusmao, the Dili sessions attracted capacity crowds to hear speakers and moderators from the top levels of all the county's major justice institutions. All the discussions were broadcast live by national radio and television. The meetings at the district and national levels were organized by the Office of the President with support from The Asia Foundation.
Among the participants were the president of the Court of Appeals, the prosecutor general, the public defender, the minister and vice minister of justice, the vice president of Parliament, and the chairman of the Commission for Reception, Truth, and Reconciliation. The sessions focused on three basic issues:
• the current state of the nation's justice system
• the role of justice systems in society, including traditional and local dispute resolution processes
• the structure and purpose of the prison system.
However, debate and discussion were not limited to these three topics, and lively exchanges on a variety of issues took place. At the end of the sessions, participants offered a range of recommendations in four areas: legislation, investigation, implementation processes, and human resources. For example, many participants agreed that there is a need to create statutes for judicial institutions to establish competencies and to regulate interaction between judicial institutions and other branches of government. The government should ensure that the prison system adheres to human rights principles. Alternatives to prison terms are also needed, such as community service or fines.
Many participants applauded the ongoing efforts to translate laws used in East Timor into Tetum, one of the official languages. Many reaffirmed the need for more private lawyers and for a government effort to inform local communities across the country about new and amended laws. They also strongly recommended that the government study and regulate the use of traditional and local justice systems. A booklet detailing all the recommendations will be published and distributed by the Office of the President.
In partnership with The Asia Foundation, USAID supports national dialogue process. It is an integral part of The Asia Foundation's work to enhance East Timor's emerging justice system, raise public awareness and understanding of how the system works, and facilitating informed public participation in legal development
http://timor-leste.usaid.gov/PrintVersion/DGArchive12Print.htm
A series of public meetings held across East Timor about the country's justice system culminated recently in a three-day National Dialogue on Justice held in Dili. Opened by President Xanana Gusmao, the Dili sessions attracted capacity crowds to hear speakers and moderators from the top levels of all the county's major justice institutions. All the discussions were broadcast live by national radio and television. The meetings at the district and national levels were organized by the Office of the President with support from The Asia Foundation.
Among the participants were the president of the Court of Appeals, the prosecutor general, the public defender, the minister and vice minister of justice, the vice president of Parliament, and the chairman of the Commission for Reception, Truth, and Reconciliation. The sessions focused on three basic issues:
• the current state of the nation's justice system
• the role of justice systems in society, including traditional and local dispute resolution processes
• the structure and purpose of the prison system.
However, debate and discussion were not limited to these three topics, and lively exchanges on a variety of issues took place. At the end of the sessions, participants offered a range of recommendations in four areas: legislation, investigation, implementation processes, and human resources. For example, many participants agreed that there is a need to create statutes for judicial institutions to establish competencies and to regulate interaction between judicial institutions and other branches of government. The government should ensure that the prison system adheres to human rights principles. Alternatives to prison terms are also needed, such as community service or fines.
Many participants applauded the ongoing efforts to translate laws used in East Timor into Tetum, one of the official languages. Many reaffirmed the need for more private lawyers and for a government effort to inform local communities across the country about new and amended laws. They also strongly recommended that the government study and regulate the use of traditional and local justice systems. A booklet detailing all the recommendations will be published and distributed by the Office of the President.
In partnership with The Asia Foundation, USAID supports national dialogue process. It is an integral part of The Asia Foundation's work to enhance East Timor's emerging justice system, raise public awareness and understanding of how the system works, and facilitating informed public participation in legal development
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