EAST TIMOR/TIMOR-LESTE Democratic Republic of Timor-Leste Republika Demokratika Timor Lorosa'e; Republica Democratica de Timor-Leste Joined United Nations: 27 September 2002 Human Rights as assured by their constitution Click here Updated 01/17/11
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Dili
1,154,625
note: other estimates range as low as 800,000 (July 2010 est.)
Kay Rala Xanana Gusmao
Prime Minister since 8 August 2007
President elected by popular vote for a five-year term (eligible for a
second term); election last held on 9 April 2007 with run-off on 8
May 2007
Next scheduled election: May 2012
HEAD OF GOVERNMENT
SELECTION PROCESS
Following elections, president appoints leader of majority party or
majority coalition as prime minister Elections last held on 30 June
2007
Next scheduled election: June 2012
DECLARATION OF HUMAN RIGHTS
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Austronesian (Malayo-Polynesian), Papuan, small Chinese minority
Roman Catholic 98%, Muslim 1%, Protestant 1% (2005)
Republic with 13 administrative districts; Legal system is a UN-drafted legal system based on Indonesian law but is to be replaced by
civil and penal codes based on Portuguese law; these have passed but have not been promulgated; has not accepted compulsory
ICJ jurisdiction
Executive: President elected by popular vote for a five-year term (eligible for a second term); election last held on 9 April 2007 with
run-off on 8 May 2007 (next to be held in May 2012); following elections, president appoints leader of majority party or majority coalition
as prime minister
Legislative: Unicameral National Parliament (number of seats can vary from 52 to 65; members elected by popular vote to serve
five-year terms)
elections: last held on 30 June 2007 (next elections due by June 2012)
Judicial: Supreme Court of Justice - constitution calls for one judge to be appointed by National Parliament and rest appointed by
Superior Council for Judiciary; note - until Supreme Court is established, Court of Appeals is highest court
Tetum (official), Portuguese (official), Indonesian, English
note: there are about 16 indigenous languages; Tetum, Galole, Mambae, and Kemak are spoken by significant numbers of people
The island of Timor was populated as part of the human migrations that have shaped Australasia more generally. It is believed that
survivors from three waves of migration still live in the country. The first is described by anthropologists as people of the
Vedo-Australoid type, who arrived from the north and west approximately 40,000 to 20,000 years BC. Others of this type include
the Wanniyala-Aetto (Veddas) of Sri Lanka. Around 3000 BC, a second migration brought Melanesians. The earlier
Vedo-Australoid peoples withdrew at this time to the mountainous interior. Finally, proto-Malays arrived from south China and
north Indochina. Hakka traders are among those descended from this final group. Early European explorers report that the island
had a number of small chiefdoms or princedoms in the early 16th century. One of the most significant is the Wehale kingdom in
central Timor, to which the Tetum, Bunaq and Kemak ethnic groups were aligned. The first Europeans to arrive in the area were the
Portuguese, who landed near modern Pante Macassar. In 1556 a group of Dominican friars established the village of Lifau there. In
1702 the territory officially became a Portuguese colony, known as Portuguese Timor, when Lisbon sent its first governor, with
Lifau as its capital. Portuguese control over the territory was tenuous particularly in the mountainous interior. Dominican friars, the
occasional Dutch raid, and the Timorese themselves provided opposition to the Portuguese. The control of colonial administrators
was largely restricted to Dili had to rely on traditional tribal chieftains for control and influence. For the Portuguese, East Timor
remained little more than a neglected trading post until the late nineteenth century. The capital was moved to Dili in 1767, due to
attacks from the Dutch, who were colonizing the rest of the island and the surrounding archipelago that is now Indonesia. The
border between Portuguese Timor and the Dutch East Indies was formally decided in 1859 with the Treaty of Lisbon. The definitive
border was drawn by the Hague in 1916, and it remains the international boundary between the modern states of East Timor and
Indonesia. Although Portugal was neutral during World War II, in December 1941, Portuguese Timor was occupied by Australian
and Dutch forces, which were expecting a Japanese invasion. When the Japanese did occupy Timor, in February 1942, a
400-strong Dutch-Australian force and large numbers of Timorese volunteers engaged them in a one-year guerilla campaign. After
the allied evacuation in February 1943 the East Timorese continued fighting the Japanese, with comparatively little collaboration with
the enemy taking place. Portuguese Timor was handed back to Portugal after the war, but Portugal continued to neglect the colony.
The colony was declared an 'Overseas Province' of the Portuguese Republic in 1955. During this time, Indonesia did not express
any interest in Portuguese Timor, despite the anti-colonial rhetoric of President Sukarno. This was partly as Indonesia was
preoccupied with gaining control of West Irian, now called Papua, which had been retained by the Netherlands after Indonesian
independence. After the fall of the Portuguese regime in 1974, independence was encouraged by the new, democratic Portuguese
government. One of the first acts of the new government in Lisbon was to appoint a new Governor for the colony on November 18,
1974, in the form of Mário Lemos Pires, who would ultimately be, as events were to prove, the last Governor of Portuguese Timor.
One of his first decrees made upon his arrival in Dili was to legalise political parties in preparation for elections to a Constituent
Assembly in 1976. Developments in Portuguese Timor during 1974 and 1975 were watched closely by Indonesia and Australia.
Australia's Labor Prime Minister, Gough Whitlam, had developed a close working relationship with the Indonesian leader, and also
followed events with concern. At a meeting in the Javanese town of Wonosobo in 1974, he told Suharto that an independent
Portuguese Timor would be 'an unviable state, and a potential threat to the stability of the region'. While recognising the need for an
act of self-determination, he considered integration with Indonesia to be in Portuguese Timor's best interests. The United States had
also expressed concerns over Portuguese Timor in the wake of the war in Vietnam. Having gained Indonesia as an ally, Washington
did not want to see the vast archipelago destabilised by a left-wing regime in its midst. On August 11, 1975, the UDT mounted a
coup, in a bid to halt the increasing popularity of Fretilin. Governor Pires fled to the offshore island of Atauro, north of the capital,
Dili, from where he later attempted to broker an agreement between the two sides. Indonesia sought to portray the conflict as a civil
war, which had plunged Portuguese Timor into chaos, but after only a month, aid and relief agencies from Australia and elsewhere
visited the territory, and reported that the situation was stable. On November 28, 1975, Fretilin made a unilateral declaration of
independence of the Democratic Republic of East Timor (Republica Democrática de Timor-Leste in Portuguese). This was not
recognised by either Portugal, Indonesia, or Australia. Reported death tolls from the 24-year occupation range from 60,000 to
200,000. Timorese groups fought a resistance war against Indonesian forces for the independence of East Timor, during which
many atrocities and human rights violations by the Indonesian army were reported. The Dili Massacre on 12 November 1991 was a
turning point for sympathy for pro-independence East Timorese. A burgeoning East Timor solidarity movement grew in Portugal,
Australia, and the United States. In Australia, there was also widespread public outrage, and criticism of Canberra's close
relationship with the Suharto regime and recognition of Jakarta's sovereignty over East Timor. Portugal started to apply international
pressure unsuccessfully, constantly raising the issue with its fellow European Union members in their dealings with Indonesia.
However, other EU countries like the UK had close economic relations with Indonesia, including arms sales, and saw no advantage
in forcefully raising the issue. However in 1999, the Indonesian government decided, under strong international pressure, to hold a
referendum on the future of East Timor. On 20 September 1999 the Australian-led peacekeeping troops of the International Force
for East Timor (INTERFET) deployed to the country and brought the violence to an end. The administration of East Timor was
taken over by the UN through the United Nations Transitional Administration in East Timor (UNTAET), established on October
25, 1999. The INTERFET deployment ended on February 14, 2000 with the transfer of military command to the UN. Elections
were held in late 2001 for a constituent assembly to draft a constitution, a task finished in February 2002. East Timor became
formally independent on May 20, 2002. Xanana Gusmão was sworn in as the country's President. East Timor became a member of
the UN on September 27, 2002. Unrest started in the country in April 2006 following the riots in Dili. A rally in support of 600 East
Timorese soldiers, who were dismissed for deserting their barracks, turned into rioting where five people were killed and over
20,000 fled their homes. Fierce fighting between pro-government troops and disaffected Falintil troops broke out in May 2006.
Australia, Portugal, New Zealand, and Malaysia have sent troops to Timor, attempting to quell the violence.
Source: Wikipedia: History of Timor-Leste
In late 1999, about 70% of the economic infrastructure of Timor-Leste was laid waste by Indonesian troops and anti-independence
militias. Three hundred thousand people fled westward. Over the next three years a massive international program, manned by
5,000 peacekeepers (8,000 at peak) and 1,300 police officers, led to substantial reconstruction in both urban and rural areas. By
the end of 2005, refugees had returned or had settled in Indonesia. The country continues to face great challenges in rebuilding its
infrastructure, strengthening the civil administration, and generating jobs for young people entering the work force. The development
of oil and gas resources in offshore waters has greatly supplemented government revenues. This technology-intensive industry,
however, has done little to create jobs for the unemployed because there are no production facilities in Timor. Gas is piped to
Australia. In June 2005, the National Parliament unanimously approved the creation of a Petroleum Fund to serve as a repository
for all petroleum revenues and to preserve the value of Timor-Leste's petroleum wealth for future generations. The Fund held assets
of US$5.3 billion as of October 2009. The economy has been little impacted by the global financial crisis and continues to recover
strongly from the mid-2006 outbreak of violence and civil unrest, which disrupted both private and public sector economic activity.
The government in 2008 resettled tens of thousands of an estimated 100,000 internally displaced persons (IDPs); most IDPs
returned home by early 2009. The underlying economic policy challenge the country faces remains how best to use oil-and-gas
wealth to lift the non-oil economy onto a higher growth path and to reduce poverty.
Source: CIA World Factbook (select Timor-Leste)
Politics of East Timor takes place in a framework of a parliamentary representative democratic republic, whereby the Prime
Minister of East Timor is the head of government, and of a pluriform multi-party system. Executive power is exercised by the
government. Legislative power is vested in both the government and the National Parliament. The Judiciary is independent of the
executive and the legislature. The Timorese constitution was modelled on that of Portugal. The country is still in the process of
building its administration and governmental institutions.
The Head of state of the East Timorese republic is the president, who is elected by popular vote for a five-year term and whose role
is largely symbolic, though he is able to veto some legislation. Following elections, the president appoints as the prime minister, the
leader of the majority party or majority coalition. As head of government the prime minister presides over the Council of State or
cabinet.
The unicameral Timorese National Parliament (Parlamento Nacional) has 88 members, 13 elected in single seat constituencies and
75 elected by proportional representation for afive-year term. The number of seats can vary from a minimum of 52 to a maximum of
65, though it exceptionally has 88 members at present, due to this being its first term of office. The East Timorese constitution was
modelled on that of Portugal. The country is still in the process of building its administration and governmental institutions.
Source: Wikipedia: Politics of East Timor
Timor-Leste-Indonesia Boundary Committee has resolved all but a small portion of the land boundary, but discussions on maritime
boundaries are stalemated over sovereignty of the uninhabited coral island of Pulau Batek/Fatu Sinai in the north and alignment with
Australian claims in the south; many refugees who left Timor-Leste in 2003 still reside in Indonesia and refuse repatriation; Australia
and Timor-Leste agreed in 2005 to defer the disputed portion of the boundary for 50 years and to split hydrocarbon revenues
evenly outside the Joint Petroleum Development Area covered by the 2002 Timor Sea Treaty
REFUGEES AND INTERNALLY DISPLACED PERSONS (IDPS)
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IDPs: 100,000 (2007)
None reported.
HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
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2009 Human Rights Reports: Timor-Leste
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
Timor-Leste is a multiparty parliamentary republic with a population of approximately 1.1 million. President Jose Ramos‑Horta was head
of state. Prime Minister Kay Rala Xanana Gusmao headed a four-party coalition government formed following free and fair elections in
2007. International security forces in the country included the UN Police (UNPOL) within the UN Integrated Mission in Timor-Leste
(UNMIT) and the International Stabilization Force (ISF), neither of which was under the direct control of the government. The national
security forces are the National Police (PNTL) and Defense Forces (F-FDTL). While the government generally maintained control over
these forces, there were problems with discipline and accountability.
Serious human rights problems included:
- police use of excessive force during arrest and abuse of authority;
- perception of impunity;
- arbitrary arrest and detention;
- an inefficient and understaffed judiciary that deprived citizens of due process and an expeditious and fair trial.
- Domestic violence, rape, and sexual abuse were also problems.
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Facing the Future:
Periodic Report on Human Rights
Developments in Timor-Leste:
1 July 2009 – 30 June 2010
Overview
1. Based on the authority granted by United Nations Security Council Resolution 1912, the United Nations Integrated Mission in Timor-
Leste (UNMIT) continues to support Timor-Leste in its efforts to strengthen the security and justice sectors. This report updates
UNMIT’s second and third human rights reports by reviewing significant human rights developments in these areas that occurred from
1 July 2009 to 30 June 2010.
2. Between July 2009 and June 2010, the political and security environment in Timor-Leste remained relatively calm. The resumption of
primary responsibility for the conduct of police operations by the Timor-Leste National Police Force (Policia Nacional Timor-Leste,
PNTL) progressed steadily, with four districts and three units handed over during the period and three additional districts pending
handover.1 The country held suco (village) elections in October 2009 with few incidents, and citizens registered to vote in the next
elections. The Government continued to implement its IDP reintegration strategy. In August 2009, the last tented camp, Metinaro IDP
Camp, closed,2 followed by the closure of transitional shelters by the end of February 2010.3 In terms of institutional development, the
national Anti-Corruption Commission (Komisaun Anti Korrupsaun, KAK) and the National Commission on the Rights of the Child
(Komisaun Nasional Direitu ba Labarik, KNDL) were established. These developments indicate increasing stability as the peace-building
process in Timor-Leste continues.
3. Ongoing peace and stability created an opportunity to address persistent problems with accountability in the security sector, the
judiciary and in the nexus between formal and informal justice mechanisms which have been highlighted in UNMIT’s previous human
rights reports. As democracy is consolidated and institutions develop, attention can also be turned towards creating a more inclusive
environment for the exercise of human rights by all people in Timor-Leste. This report records progress achieved during the past year,
but also documents continuing human rights problems, including violations by members of the security forces, the efforts to address past
violations, as well as the difficulties experienced by many victims who still struggle to have access to courts and satisfactory remedies.
As the relative of a man fatally shot by police in Ossu in Viqueque District explained,
“The People are hungry for Justice, and we feel that only the common people have to obey the law, while the leaders remain above the
law. The law should not be a mere show to the world that Timor has law and democracy, but should function to defend its role so that
everybody can have access to justice in their lives.”4
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Freedom In The World 2010 Report
Political Rights Score: 3
Civil Liberties Score: 4
Status: Partly Free
Overview
Internal security improved in 2009, but little was done to address the underlying causes of a period of political instability that began in
2006. Alleged perpetrators of a 2008 assassination attempt against Prime Minister Kay Rala Xanana Gusmao and President Jose Ramos
Horta went on trial in July. In October, Gusmao’s government narrowly survived a no-confidence motion after officials released a
former militia leader accused of human rights abuses without a court order. Also that month, the country held generally free and fair
village council elections.
In February 2008, former army major Alfredo Reinado—who had escaped from prison after being arrested for involvement in the 2006
uprising—led a group of former soldiers in an unsuccessful attempt to assassinate Gusmao and Ramos Horta. Reinado was killed during
the attack, and his comrades later surrendered to security forces. They went on trial in July 2009, and the proceedings were ongoing at
year’s end.
Stability improved in 2009, but the conditions underlying the previous years’ crises continued to simmer. These included politicization of
the civil service and security forces, conflict over land and property, and the broader legacy of 35 years of internecine conflict. While
the last of 65 camps for internally displaced persons closed in July, an estimated 72 families remained wary of returning to their
communities and stayed in four transitional shelters near the capital as of December.
In August the authorities captured Martenus Bere, an Indonesian citizen who had been indicted for his role as a militia leader in the 1999
violence, as he entered East Timor. However, the government later released him without a court order, and he returned to Indonesia in
October. The release was ostensibly due to health concerns, but Gusmao and Ramos Horta acknowledged that it was a political
concession to Indonesia Fretilin brought a no-confidence motion against the AMP government that month, but it failed, 25–39. Also in
October, Fretilin claimed a major victory in village council elections, although council candidates are technically barred from representing
political parties.
At the end of 2009, the total value of East Timor’s fund for oil and gas royalties was estimated at more than $4 billion, and the country
has one of the highest aid-per-capita ratios in the world. Nevertheless, it remains the poorest country in Southeast Asia, with an
unemployment rate of about 50 percent and more than 40 percent of the population living below the poverty line.
East Timor is an electoral democracy. Elections for the presidency and the unicameral Parliament held in 2007 were generally deemed
free and fair, as were October 2009 local elections in 442 villages. The directly elected president is a largely symbolic figure, with formal
powers limited to the right to veto legislation and make certain appointments. The leader of the majority party or coalition in the 65-seat,
unicameral Parliament becomes the prime minister. Both the president and Parliament serve five-year terms, with the president eligible
for up to two terms. Fretilin, now in opposition, remains the single largest political party, and personalities and old loyalties tied to the
resistance movement of the 1970s influence political outcomes more than policy issues.
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Timor-Leste law allows amnesties for war criminals
28 June 2010
Amnesty International is urging Timor-Leste to close a legal loophole that is allowing war crimes and crimes against humanity committed
during the 1975-1999 Indonesian occupation to go unpunished.
‘Timor-Leste; Justice in the Shadow’, an Amnesty International report released today on the country’s latest Penal Code, documents
how the law allows amnesties that would prevent trials of people suspected of war crimes or crimes against humanity.
Without a ban on such amnesties, Timor-Leste is not fulfilling its obligations under the Rome Statute of the International Criminal Court,
to which it acceded in 2002.
“Survivors of decades of human rights violations in Timor-Leste are demanding justice and reparations, but the authorities’ routine use
of amnesties, pardons and similar measures has created a culture of impunity,” said Isabelle Arradon, Amnesty International’s
Researcher on Timor-Leste.
Amnesty International fears that the Timor-Leste authorities’ potential use of amnesties due to the gap in its new Penal code, will damage
the young nation’s ability to develop a strong deterrent to violence, maintain an independent and trusted judiciary, and hold armed groups
and security forces accountable for their actions.
People indicted and convicted by the UN Special Panels for Serious Crimes for crimes against humanity committed during Timor-Leste’s
1999 transition to nationhood, have been among those released by presidential pardons or commutation of sentences.
In 2008, militia leader Joni Marques was set free after his sentence was substantially reduced by the President. He was originally
sentenced to 33 years’ imprisonment for crimes against humanity.
“The authorities in Timor-Leste are compromising on justice to seek peace – but trading away justice for such serious crimes only
undermines the rule of law, and cannot resolve the trauma of the past,” said Isabelle Arradon.
In 2009, the Timor-Leste government allowed Maternus Bere, indicted by the United Nations Serious Crimes Unit, to avoid prosecution
by transferring him to Indonesia before he faced trial. Bere had been a militia leader involved in massacres of civilians in 1999.
‘Timor-Leste: Justice in the Shadow’ acknowledges important steps that the country has taken to include many of its obligations under
the Rome Statute into its Penal Code. However, as well as the lack of explicit ban on amnesties for crimes under international law, the
Penal Code lacks provisions on co-operation with the International Criminal Court.
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We should take the lead on human rights in South-East Asia
by Elaine Pearson, deputy director of the Asia division of Human Rights Watch
Published in: The Age
January 19, 2010
"It's not our role to tell countries what to do. These are internal affairs of the state."
These sound like the words of a Chinese official, yet this is what an Australian diplomat told me on a recent visit to South-East Asia.
Geographically on the fringes of Asia and with a different culture and history, Australia is sensitive to being perceived as a big-mouthed
bully in the Asia-Pacific region.
This is not to say Australia is silent on human rights. Australia has a good track record of principled diplomacy and implementing
targeted sanctions against abusive military governments in Burma and Fiji. Yet it's relatively easy for Australia to speak out about
countries where it has few economic interests. It takes more courage and principle to turn up the heat on countries where it has
significant economic and strategic interests.
Australia has particularly good leverage for raising human rights issues in countries where it has close military ties. The Rudd
Government should use it. Australia should be taking the lead in protecting rights through strong public statements, private diplomacy,
and intelligent aid.
As a major donor and significant provider of military and police training, Australia already strives to improve governance and human
rights and professionalise security forces in countries such as Cambodia, Indonesia, the Philippines, and Thailand. Australia hopes to help
these and other nations to be - or become - stable and democratic, rather than authoritarian regimes.
The Rudd Government could start by being more proactive and vocal in addressing issues such as extrajudicial killings and impunity. For
example, in Cambodia, Indonesia, the Philippines, and Thailand, the security forces commit abuses such as extrajudicial killings,
enforced disappearances, torture and arbitrary arrest and detention without fear of punishment. Abusive officials are rarely, if ever,
prosecuted for such crimes, while those implicated in abuses remain in the security forces and often are even promoted.
For instance, in Indonesia, human rights violators continue to be promoted within the army and its special forces, Kopassus. A Kopassus
soldier convicted of abuse leading to the November 2001 death of a Papuan activist now holds a senior commander position. Of 11
soldiers convicted of kidnapping student activists in the last days of the Suharto regime in 1997 and 1998, seven were known to be
serving in the military as of 2007, and all had received promotions. And those who orchestrated the 1999 massacres in East Timor
remain free.
The newly appointed Deputy Defence Minister, Lieutenant General Sjafrie Sjamsoeddin, is a former military officer with a long history of
working with Kopassus. Although he has never been charged with a crime, various witnesses and investigative journalists have
implicated him in abuses, including the 1991 Santa Cruz massacre of civilians in East Timor, and widespread violence by Indonesian
troops and pro-Indonesia militias at the time of the 1999 East Timor referendum on independence. In 1993, two years after the Santa
Cruz massacre, he took a two-week military training course in Perth. As a close military partner, Australia should be concerned enough
about this appointment to call for a credible investigation into the persistent allegations against Sjamsoeddin.
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Address Ву Н. Е. J. Ramos-Horta, President,Timor-Leste,
Nobel Реасе Prize Laureate (1996)
то the 65th session,
UN General Assembly
New York, 25th September 2010
Mr. President of the UN General Assembly, Mr. Secretary-General of the United Nations, Excellencies and Dignitaries,
4. Нuman Rights, empowerment of women and youth
Women make up almost 30% of the deputies in our National Parliament.In the executive branch, key сabinet positions, namely, Finance,
Justice, Social Solidarity, Prosecutor-General, etc аге held by women.
А Youth Parliament has Ьеen elected and will have its first formal sitting in November this уеаг,comprising 130 youth Parliamentarians,
ranging in ages from 12 to 17. I'm pleased that оur expectations to have а balanced gender representation were in fact exceeded. The
Youth Parliament has 68 girls and 62 boys deputies.
Timor-Leste is proud to have опе of the most humanist Constitutions in the world that prohibits the death penalty and the maximum
prison sentence is 25 years.
We have also ratified all соre International Human Rights Treaties. We have now submitted two Treaty reports to the relevant Treaty
bodies and we will continue to strive to enhance respect for human rights, freedom and dignity for all. Our Constitution gives primacy to
International Law over domestic laws, i. е., all our laws must conform with International Law.
As Head of State, guided Ьу humanist beliefs and the relevant provisions of our Constitution, I have issued pardons to individuals who
have been tried, found guilty by the courts and have served а number of years with good behaviour.
We believe that the pursuit of Justice cannot be dissociated from other overwhelming values such as compassion and understanding the
mitigating circumstances.
Recently I issued pardons to all those former soldiers and police officers involved in violence in 2006 and 2008, including those found
guilty bу the courts of law of involvement in the assassination attempt on my own life. They have returned to their humbIe homes, to
their wives and children.
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Tuesday, 05 October 2010 13:18
Timor-Leste: UNMIT Launches Fourth Human Rights Report On Timor-Leste: "Facing The Future"
In a public report released in Dili today, the United Nations noted that Timor-Leste has made progress in key human rights areas,
including strengthening of the security and justice sectors and enactment of important legislation.
The UNMIT Annual Human Rights Report,* covering the period July 2009 to June 2010, also documents continuing human rights
problems, including violations by members of the security forces, limited access to justice for victims and challenges to addressing past
violations.
Improvements were made towards accountability for Polícia Nacional de Timor-Leste (PNTL) officers by the PNTL’s Department of
Justice (Departamento de Justiça). Justice mechanisms were bolstered through training programmes, increased numbers of personnel,
improvements to rural facilities, and the passage of domestic violence legislation.
Steps were also taken towards accountability for crimes committed during the 2006 internal conflict when approximately 37 people were
killed and 150,000 were displaced in the first several months. All cases recommended by the Commission of Inquiry (CoI) report have
been taken up for investigation. As of June 2010, five trials were completed and two trials were underway.
However, trial proceedings were consistently delayed and presidential commutations released a number of persons convicted from
prison, including several former members of the security forces who returned to active duty.
Louis Gentile, UNMIT’s Chief of Human Rights and Transitional Justice Section said that, despite still facing serious human rights
challenges in a number of areas, Timor-Leste has the potential to be a regional and global human rights leader.
"When we launched our annual human rights report last year, I stated that Timor-Leste was doing far better than average in a number of
human rights areas and that continues to be the case. For example, we recorded no cases of torture or enforced or involuntary
disappearances during this reporting period. This is something that all citizens, including members of the security forces and the national
human rights institution, represented here today by the Deputy Provedor for Human Rights, can be proud of. The Provedoria for Human
Rights in Timor-Leste is playing a crucial role in promoting and protecting human rights in this country. The challenge remains of
ensuring effective accountability for the small percentage of police officers and military personnel who continue to use excessive force
against their fellow citizens. "
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ETAN: Letter on labor dispute at U.S. Embassy in Dili
Ambassador Judith Fergin
US Embassy
Dili, Timor-Leste
December 22, 2010
Dear Ambassador,
We are writing regarding the dismissal of Mario Baretto and the subsequent refusal of the US Embassy in Timor-Leste to meet with his
union.
We understand that the embassy will not meet with Mr Baretto's trade union, the General Workers Union of Timor-Leste (SJTL), about
the dismissal arguing that "as part of the terms of his employment, Mr Baretto was/is not allowed to be a member of any organized union
and therefore we will not meet with any representative acting on his behalf."
This position is contrary to international human rights law, and we urge you to quickly meet with his union representatives as called for
in the Timor-Leste's Labor Code. If needed, we urge the Embassy to accept mediation before Timor-Leste's labor board to resolve the
dispute about Mr. Baretto's dismissal.
The right to form and to join trade unions is a fundamental human right, included in the Universal Declaration of Human Rights. The
International Labor Organization Convention on the Freedom of Association and Protection of the Right to Organize, which Timor-Leste
ratified on June 16 2009, also protects the right to unionize.
As you know, the U.S. Department of State each year publishes an annual report on human rights in countries around the world. The
chapter on Timor-Leste in this year's report observes that "The country has a labor code based on the International Labor Organization's
standards. The law permits workers to form and join worker organizations without prior authorization." The report notes a number of
the practical obstacles to the effective exercise of labor rights, to which we would now add the U.S. government.
The U.S. speaks regularly about the need to strengthen the rule of law in Timor-Leste. It has funded a number of programs over the last
decade aimed at that goal. However, its words would carry more weight and its actions more credibility, if the embassy were in
compliance with Timor-Leste's labor law.
We urge the United States government and your embassy to honor its obligations under national and international law by meeting with
Mr. Baretto's representatives and accepting mediation before Timor-Leste's labor board.
We look forward to your response.
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Jose Ramos-Horta
President since 20 May 2007
None reported.
Jose Luis Guterras
Deputy Prime Minister since 8 August 2007
Mario Viegas Carrascalao
Deputy Prime Minister since 5 March 2009