Transition & reconstruction

Training of local police a priority for UNPOL

Radio Australia - July 3, 2003

The new UN police chief in East Timor says one of her top priorities is to provide training to the local police force to take over policing of the young nation. UNPOL Commissioner Sandra Peisley is an Australian, who formerly served with the Australian Federal Police.

Presenter/Interviewer: Sen Lam

Speakers: Commissioner Sandra Peisley, head of the UNPOL, the United Nations police force in East Timor

Peisley: A full review of those disturbances was undertaken and a number of lessons learnt were generated. Part of our approach regarding those lessons learnt has been an issue of retraining and it has also been an issue of identifying a new code of conduct for the Timor Leste. Police, and also identification of a use of force policy that is widely known by one and all in the police service.

Lam: Do you think that kind of local culture of authority; do you think that would be difficult to change?

Peisley: That is a difficult question to answer. Obviously because it's such a new nation and because the police service here is only three years old, they are still learning, and no doubt they will be still learning and building their own capacity over a number of years to come. But yes, obviously there are always issues, whether they be cultural or otherwise that it will need a particular focus, and the training that's now undertaken by the Timor Leste Police has in fact been extended by three months following our review of the incidents last year, and with a very practical focus now during that training. So that rather than it simply be a matter of theory and bookwork within the training academy, they now do a lot of practical exercises and scenarios, which actually give them an opportunity to physically undertake the sort of action that they would if they were attending an incident, and that they can then receive feedback at the time on how they undertook that particular action.

Lam: Do you think that by doing this that you are answering critics charges that the UN should instead spend the money on sending experts into East Timor to help build a local police force, rather than to send an expensive international force or street cops if you like to East Timor?

Peisley: I think that's very much underselling the skills and abilities of the United Nations police that are here. We have some highly skilled officers and not simply in community policing, but skilled across a range of policing functions, both administrative and operational. Obviously when you're recruiting in the manner in which we do, we've got job profiles and we have specific skills that we are looking for, particularly over the next six to 11 months where the UNPOLs will in fact be undertaking a technical adviser role, we'll actually be accompanying members of the Timor Leste police when they do in fact attend at incidents in their districts. And rather than the UNPOL members undertake the job themselves, they will watch the new Timor Leste(?) police undertake the job and then provide advice on what further actions they should take, or how they dealt with a particular matter, or be there to give advice should it be required.

Lam: How long is UNPOL to remain in East Timor?

Peisley: UNPOL will be here until the end of May next year 2004.

Lam: And that's just under a year away, do you think the local police will be ready by then to take over the policing of their country?

Peisley: We're already part-way towards that goal, there are a number of districts here in Timor Leste that have already been in fact formally handed over from UNPOL to the Timor Leste police. And we have UNPOL in the districts and working with the PNTL as advisors. So nine of the 13 districts have already been handed back to the police, and they are, it's a learning curve, we do have to recognise that this police service has only been up and running for three years.

Lam: The UN's investigating reports that Thai prostitutes have been smuggled into East Timor. Will UNPOL be extra vigilant, not just about its staff or personnel engaging sex workers, but also have to ensure that no sex workers have been forcibly transported to East Timor?

Peisley: Absolutely, we've been focussing since early this year and not just of late, since April actually of 2003, where UNPOL together with PNTL have undertaken a number of jobs where we've been focussing on sex workers and looking at whether there has been in fact any breach as far as human rights are concerned or any trafficking issues. So we have been actively involved in investigating and preventing the sexual exploitation of women and of children of course.

East Timor pays price for freedom

South China Morning Post - June 28, 2003

Marianne Kearney -- One year after formal independence and almost four years after East Timorese voted in a United Nations-backed referendum to split from its former occupier Indonesia, the world's newest nation is still dirt poor.

Many residents still live in the burnt out shells of buildings, created when Indonesian-backed militias laid waste to 75 per cent of Timor's infrastructure. Two out of five people live on less than 55 US cents a day, half the population lacks formal education, unemployment is at 20 per cent in urban areas and there are few paid jobs outside the civil service or the United Nations Mission in East Timor. In Dili, East Timor's capital, the switch to the US dollar along with high transport costs has pushed the price of the most simple things -- such as a $US1 plate of fried rice -- beyond the reach of most people.

Much of the rural population lives in a cashless economy, making it difficult for many Timorese to even find US$2 a month needed to pay for their children's primary school education, say non- government groups.

Two years into a harsh drought, one in six Timorese are stalked by starvation, the UN's Food and Agriculture Organisation warned this month. Although the tiny country's 800,000 residents no longer live under a harsh military rule, one year into formal independence, making enough money to survive is far harder than during Indonesian rule say aid groups. Gone are subsidised health-care, education, repair of the roads and the import of cheap Indonesian goods. The price of anything non-agricultural has skyrocketed.

Hopes were raised in March when East Timor and Australia signed the Timor Sea Treaty, splitting revenues 90:10 in East Timor's favour, adding about US$5 billion over 17 years to East Timor's coffers. The treaty will allow a consortium of international companies to export liquefied natural gas (LNG) from the Bayu- Undan oil and gas fields located in the Timor Sea. But despite the signing of this treaty, East Timor won't be jumping from one of the world's poorest countries to the Saudi Arabia of Asia, say experts.

For a start the real money will not start trickling into Dili for another five years, according to Emilia Pires, the head of East Timor's Planning Department. Until then, Timor will receive only about US$100 million a year, which will heap wean the nation off foreign handouts, but provide only just enough to cover its extremely lean annual budget of US$84 million. "I don't think poverty can be solved with just oil money, Timor needs capacity building of the people, not just money, to improve their standard of living," said Ms Pires.

East Timor realises that if the government went on a spending spree once the oil money started to flow, they would quickly run out of money, said Prime Minister Mari Alkatiri. Instead, the government plans to invest in high interest funds to ensure that country will still have a budget once the oil fields have dried up.

Much of the country's tiny budget, a third of which is funded by foreign governments, only just covers basic health, education and the maintaining of infrastructure, the World Bank says. Basic services, three years after militia destroyed much of the infrastructure, means as much as 70 per cent of villages lack running water, large parts of the countryside do not have electricity, and there is little transport connecting the mountainous interior with the coast.

Foreign aid groups have funded various health, infrastructure, and social service projects, but despite this East Timor can only afford to pay the salaries of half its trained health-care workers, and it suffers from a shortage of qualified teachers, particularly those fluent in Portuguese, the official language.

And the oil and gas industries will not be job spinners, points out the World Bank, particularly as the processing of oil and gas will be done in Darwin, north Australia.

In order to generate the kind of economic growth that will filter down to households, the fledgling nation will need to seek development and job-creation in labour-intensive areas such as farming, which employ most of East Timor's poor. Timor is casting around for new businesses and agricultural industries, such as high earning export crops like vanilla, spices and candlenut oil, said Mr Alkatiri.

But this will take time. The country's one and only foreign cash crop, organically grown Arabica coffee beans, is no longer so lucrative. This is partly because of falling coffee prices, but also because Timor's plantations have not been maintained -- not to mention the high cost of bringing the beans to market.

Other industries -- such as fisheries, and niche tourism like diving and adventure packages -- are also being explored. But East Timor would need to attract foreign investors to kick-start such businesses, and without spending more money on the country's services, such as power, telecommunications and roads, they will be hard to attract.

In the meantime, some observers fear that with international donors wanting to cut back on aid as oil money starts to flow, East Timor could be in for a difficult few years.

"If there is an overlap between when the oil money comes and before donors depart, Timor will be okay, but if aid gets cut before the money starts coming in it will be a disaster," said Charlie Scheiner, of Dili-based aid monitoring group La'o Hamatuk Both Australia and the United States have said publicly they will not cut back aid for East Timor. "Everybody wants East Timor to be strong," says Colin Stewart, the Jakarta director of the United Nations Mission in East Timor.

If donors such as Australia really want a prosperous and stable East Timor then they should not be trying to steal Timor's best chance at real oil wealth -- an estimated US$20 billion worth of oil and gas in the untapped Sunrise fields, Mr Scheiner points out.

Located next to Bayu-Undan, these fields could be worth as much as US$30 billion, and according to current international sea laws are wholly within Timor's sea-boundaries, argues the Timorese government. But Australia claims the Sunrise fields are mostly located in Australian waters, as defined in a maritime border treaty it signed with Indonesia. It has said it will not re- negotiate the maritime boundaries, and blocked the chance for the dispute to be heard in an international court by withdrawing from the Law of the Sea Convention. Under the UN's Law of the Sea, which puts the sea border halfway between the two country's land borders, most of the Sunrise field falls into Timorese territory.

Earlier this year Australia also threatened to block the Bayu- Undan fields by saying that it would not ratify the Timor Sea Treaty unless East Timor signed away 82 per cent of royalties from Greater Sunrise, which would flow to Australia, leaving just 18 per cent for East Timor. "That's US$20 billion which Australia is trying to take by refusing to negotiate," said Mr Scheiner. He says if Australia agreed to the boundaries that are recognised under international maritime laws, then East Timor would be guaranteed a financially stable future.

Australia's own opposition parties have criticised the government's heavy handed tactics, saying the deal amounts to theft. The tough talking Mr Alkatiri, who previously accused Australian Prime Minister John Howard of using bullying tactics, says Australia should begin to negotiate on these boundaries if it wants Timor to succeed. "The only way to resolve this and to create stability in the region for investment is to start negotiations on maritime boundaries," Mr Howard said.

West Timor/refugees

Hundreds refuse to return to East Timor

Antara - July 2, 2003

Makassar -- Hundreds of East Timorese, currently under the care of the Al Anshar Foundation here, and other refugees and students have refused to go back to East Timor.

The refusal was expressed during a rally in front of South Sulawesi's provincial legislative assembly here on Wednesday. The demonstrators waved some banners, protesting the UNHCR and UNICEF for trying to force the repatriation with the help of the local police.

Human rights trials

Justice and trials: Where's the justice?

Tapol Bulletin -- June/July 2003

There can no longer be any doubt that the proceedings in Indonesia's ad hoc human rights court for East Timor are a sham following the extraordinary decision by the prosecution to request the acquital of the highest-ranking defendant Major General Adam Damiri. The fate of Damiri is in sharp contrast to that of civilians killed in Aceh in atrocities reminiscent of East Timor and of anti-government protestors thrown into jail in Jakarta for the "offence" of insulting the President.

The series of trials in Jakarta of 18 defendants accused of crimes against humanity in East Timor before, during and after the independence ballot in August 1999 are likely to end soon with the acquital of the former regional military commander, Adam Damiri.

The prosecution asked for the charges against Damiri to be dismissed because of the alleged lack of evidence against him. The formal verdict is due to be announced on 1 July.

While an affront to justice, this development is perhaps not surprising given the abject performance of the prosecutors to date. They have ignored vital evidence, presented a false account of the events as a conflict between two violent East Timorese factions, and given the impression that they would prefer all the accused to escape punishment.

Damiri has demonstrated his own contempt for the proceedings by taking time off from his trial to help prepare the armed forces for their war on Aceh. His arrogance and lack of concern for justice is a disturbing sign that the military is enjoying a resurgence which has put it beyond the law.

In recent months, the ad hoc court has convicted former East Timor commander, Brigadier-General Noer Muis of crimes against humanity and sentenced him to five years imprisonment, half the legal minimum, and acquited another former East Timor commander, Brigadier-General Tono Suratman.

In the 17 concluded cases, the court has acquited 12 defendants and convicted only five. All five have been given lenient sentences and remain free pending appeal.

The lack of political will to challenge the power of the military and to push through meaningful legal reforms has meant that these outcomes were sadly inevitable.

UN expert castigates legal system

The extent of the crisis in the Indonesian justice system was made clear in a report, published in January, by the UN special rapporteur on the independence of judges and lawyers, Dato' Param Cumaraswamy, following his visit to Indonesia in July 2002.

Mr Cumaraswamy expressed concern about the "lack of a culture of judicial independence" and "widespread judicial corruption" which, he said, is not limited to the judiciary, but "spreads as cancer in the entire system, the judiciary, police, prosecutors and Office of the Attorney-General". He concluded that "the slow pace with which the Government and DPR [parliament] are addressing the issues has called into question the political will of these institutions to deal with the situation on an urgent and priority basis".

He further suggested that restrictions on the jurisdiction of the ad hoc court for East Timor amount to a "violation of the principle that prosecutions are to be undertaken in good faith and with due diligence". The several acquitals are not surprising given the "insufficient investigations and the failure to produce material evidence," he said. He expressed concern about "the wholly unsatisfactory implementation of the witness protection measures".

Mr Cumaraswamy called for "drastic, urgent and far-reaching action" to tackle judicial corruption and for "a holistic approach to reforms of the judiciary, the entire prosecutorial system and the police force. He recommended that the Government should develop a plan, with the assistance of the international community, to ensure that future prosecutions of gross human rights violations reflect international standards and practice".

UN Rights Commission betrays victims Serious flaws in the ad hoc trial process were also identified by the UN High Commissioner for Human Rights, Sergio de Mello, in his report to the 59th session of the UN Commission on Human Rights in March.

Mr de Mello -- formerly the head of UNTAET in East Timor -- referred to the "insufficient investigations undertaken by the Office of the Attorney- General" and the weakness of the indictments. He rightly made the point that none of the defendants, except one, was accused of personally committing or commanding the commission of crimes against humanity. He stated that the failure to put before the court evidence that portrays the killings and other human rights violations as part of a widespread or systematic pattern of violence "seriously undermines the strength of the prosecution's case and jeopardizes the integrity and credibility of the trial process".

In the light of this, it is hard to understand why the Commission did nothing to ensure that the perpetrators of gross violations in East Timor are brought to justice. In an agreed Chairperson's Statement, the Commission merely expressed disappointment at the way in which the trials were being carried out.

Its underlying message was that if improvements were made, the process would be acceptable. It ignored the many flaws in the process, the limited jurisdiction of the court and the failure of the Indonesian authorities to investigate more than a handful of the hundreds of serious crimes committed in East Timor.

At a special session in September 1999 the Commission had condemned the "widespread, systematic and gross violations of human rights and international humanitarian law" in East Timor, and called for those responsible to be brought to justice. Although there is currently no meaningful prospect of accountability, the Commission perversely dropped the issue from its agenda for future sessions.

Next year, the Commission will consider only the question of technical cooperation with East Timor in the field human rights. This will likely preclude any further consideration of Indonesia's responsibility for the atrocities.

Serious Crimes Unit delivers verdict on Jakarta justice On 24 February, the Serious Crimes Unit (SCU) in East Timor -- set up by the UN under UNTAET -- delivered its own verdict on the Jakarta process and the authorities' failure to investigate the highest-ranking suspects, by filing indictments against former armed forces commander, General Wiranto, six other senior military officials and former civilian Governor of East Timor, Abilio Soares (one of the few convicted by the Jakarta court).

This was a major development in the search for justice for East Timor, but predictably Indonesia stated that it would refuse to transfer the accused to East Timor.

The response of the East Timorese leadership was also less than helpful.

President Xanana Gusmao issued a statement saying that the process was not in East Timor's national interest and Foreign Minister Josi Ramos Horta, on a visit to Jakarta at the begininning of March, indicated that relations with Jakarta were more important than justice.

Concerned about the lack of political support for the serious crimes process, the International Federation for East Timor (IFET), of which TAPOL is a member, wrote to the President on 1 April, expressing support for his desire to promote reconciliation and good relations with Indonesia, but pointing out that those objectives were not incompatible with the pursuit of justice and should not be given priority over justice.

IFET argued that Indonesia would be "strengthened as a nation if it confronts the issue of impunity and in particular the responsibility of its armed forces for gross violations in [East Timor]".

It also expressed the fear that the President's response to the indictments could encourage the Indonesian authorities to ignore numerous other gross violations perpetrated in Indonesia. "The people of Indonesia will not be well served by the continued protection of TNI impunity," it said.

IFET agreed with the President that East Timor is not able to provide justice on its own. It pledged to press the international community and the UN to support the serious crimes process, both politically and with the necessary resources, now and after the expiration of the current UN mission, UNMISET, in May 2004. It said it would also urge the international community to find other ways of bringing the perpetrators to justice including the establishment of an international criminal tribunal and prosecutions in third countries under universal jurisdiction provisions.

On 20 May 2003 -- the first anniversary of East Timor's independence -- IFET wrote to members of the UN Security Council calling upon the Council to establish an international tribunal. It also asked the Council to extend the mandate of the SCU and the associated special court, saying that the "work of the SCU would serve as a solid basis for an ad hoc international tribunal.[The texts of IFET's letters are available at http://www.etan.org/ifet]

East Timor's prime minister, Mari Alkatiri, has been more forceful in pressing for international justice. In May, in an interview with the Asia Times he said: "Crimes against humanity must be judged...and the international community has primary responsibility

We cannot just ignore crimes against humanity, which are the gravest of crimes, yet take petty thieves to court. It would be a travesty of justice" [Asia Times, 15 May 2003].

He subsequently criticised the Jakarta trials ("They are like a piece of theater") and called for an international tribunal in a neutral country [AP, 30 May 2003; UNMISET, local media monitoring, 30 May].

This issue is not just about the views of the East Timorese government or any other government, however. It is also about the East Timorese people, the victims and their families and about the Indonesian victims of military violence. And it is about the need to uphold human rights and the supremacy of international law. The international community, not the East Timorese government, is therefore ultimately responsible for ensuring that justice is done.

Beyond impunity?

There is growing concern in Indonesia that impunity -- exemplified by the Jakarta trials -- is now so entrenched that increased militarisation of the country is inevitable.

This was a major concern of the international solidarity movement for West Papua (North) meeting in Brussels from 6-8 June. The movement has written an open letter to members of the international community expressing grave concern about the impact of the Jakarta trials on the unaccountable power of the military.

The letter expressed the movement's fear that "increased militarisation and violence in areas such as West Papua and Aceh will result from the legal system's failure to challenge the power of the military". It argues that "sustainable peace will not be achieved as long as the authorities persist in pursuing the military solution to political problems and do nothing to bring the perpetrators of human rights violations to justice".

With many innocent civilians now being killed in military operations in Aceh and West Papua, the need for justice to triumph over impunity is more urgent than ever.

Claims that army fuelled Timor atrocities are 'fantasy'

Agence France Presse - July 1, 2003

Jakarta -- A general on trial before a human rights court on Tuesday rejected allegations that troops fuelled the 1999 atrocities in East Timor as "fantasy."

Major-General Adam Damiri is the last and highest-ranking official to appear before the court, accused of crimes against humanity during East Timor's bloody breakaway from Jakarta's rule.

The court seemed certain at some later date formally to acquit Damiri after prosecutors on June 5 announced they were dropping charges against him. In spite of that shock decision judges decided to continue the trial.

The general then spent 30 minutes reading a defence plea in which he described accusations against the armed forces in East Timor as "fantasy" and lies.

"From the series of trials of my subordinate commanders it has never been proven that any members of the TNI [armed forces] have been involved in any unrest prior during and after the poll," he said, referring to the independence referendum in August 1999 which was organised by the United Nations.

The militias waged a campaign of intimidation before East Timorese voted for independence, and a scorched-earth revenge campaign afterwards. At least 1,000 people are estimated to have died and whole towns were burnt to the ground. Indonesia refuses to hand anyone over to prosecutors in East Timor.

Damiri depicted the 1999 violence as a civil war between pro- and anti-independence groups, with the military striving to keep the peace. "Soldiers acted quickly to prevent unrest from spreading, evacuate victims and arrest culprits. Otherwise the death toll would have been far higher," he said.

The general hit out at groups which "noisily pointed fingers at TNI and cornered the TNI." Portugal, East Timor's former ruler which bowed out a year before Indonesia's 1975 invasion of the territory, had been "crowing randomly," he said.

Damiri in 1999 headed the regional military command overseeing East Timor and other areas. He is now on duty in Aceh province, where the military is mounting a major offensive against separatist rebels.

The defence was to continue making its submission Tuesday afternoon, with prosecutors to respond next week. It was not clear when the court would formally issue its verdict.

Human rights/law

Alkatiri slams branding of bill as 'unconstitutional'

Lusa - July 1, 2003

Dili -- East Timor's prime minister, Mari Alkatiri, criticized Tuesday the earlier pronouncement by Dili's Court of Appeal that a draft immigration and asylum bill is unconstitutional. The Appeal Court ruled Monday that parts of the draft bill which limit political rights for foreign citizens in Timor are "unconstitutional".

Alkatiri said the court's decision was "unprofessional" and not within "the spirit of the law". He added the court had been subjected to "outside pressures". Dili's head of government pledged that "not a comma will be changed in the bill" and said the legislation would receive more than the necessary two-thirds parliamentary majority.

Alkatiri's ruling Fretilin party holds 55 of the 88 seats in the Dili Assembly and the bill's approval appears to be a fait accompli. However, most oppositionists Lusa spoke to welcomed the Appeal Court's decision as "justification" for ongoing harsh criticism of the bill in parliament.

Timor's most prominent legal watchdog, Judicial System Monitoring Program, said it applauded the court's report on the draft legislation, which in addition to being unconstitutional, "violates several international conventions signed by Timor".

Amnesty faults Timor police force for detentions, beatings

Agence France Presse - July 1, 2003

An international rights group criticised East Timor's new police force for arbitrary detentions, beating some detainees and a trigger-happy response to last December's riots in which three people died.

Amnesty International said Tuesday that time is short to correct the defects, with the United Nations which oversees the force due to withdraw from the newly independent country at the end of next May. In a report, the London-based group said there has been significant progress.

But the police force or PNTL "remains a fragile and underdeveloped institution which is not yet adequately trained, equipped, or sufficiently well-supported to maintain law and order in a manner consistent with international human rights standards."

Amnesty said there were "serious failings" in the response to riots in Dili and Baucau last December "in which three people were allegedly shot and killed by the police" and several dozen others injured.

"There are also reports of individuals being arbitrarily detained and of beatings of detainees by PNTL officers," it said.

Deeper problems in the police and the criminal justice system included an incomplete legislative and procedural framework; inadequate training; lack of effective oversight; a lack of understanding of the rule of law; and the absence of an effective judiciary.

The rights group said some important remedial steps had been taken. "However, with less than one year before the UN's peacekeeping operation in Timor-Leste (East Timor) is due to end, time is short."

It urged the UN and the government of the nation which became independent in May 2002 to speed up efforts to strengthen the force.

This should include legal reform; better training: fairer recruitment procedures for former guerrillas; higher pay; and remedial training in the use of force and firearms and in the rights of suspects.

"Particular attention should be paid to the rights of children, which have been violated on several occasions in police custody," Amnesty said.

News & issues

UN probes flesh trade in East Timor

Melbourne Age - July 2, 2003

Jill Jolliffe, Dili -- A United Nations official has confirmed that an investigation is under way in East Timor into prostitution and allegations of human trafficking. The probe follows claims by the Portuguese newspaper Expresso of a growing problem involving UN staff.

"We have places in Dili under surveillance and internal warnings have been issued to UN staff," spokesman Wilton Fonseca said. "It is being taken very seriously." But he said the Expresso report was exaggerated and claims that there was a "growing problem with pedophilia" were false.

"The hotel-boat named in the story is not rented by the UN," Mr Fonseca said. "It is just a Dili hotel with the average quota of UN staff staying there." Recent UN investigations have identified brothels in Dili catering to UN and other international staff, most offering female prostitution. There have also been allegations of pedophile rings but the UN spokesman said there was no evidence of a child-trafficking operation.

UN police found several minors when they raided a massage parlour earlier this year. The under-age girls said they had been transported from Bangkok and forced to work as prostitutes. They were freed and repatriated.

UN Singaporean policemen were found on the premises but they have not been disciplined, despite UN rules prohibiting staff from frequenting places of human trafficking.

The largest organised prostitution network is allegedly run from a Thai-owned hotel-boat for clients who are mainly UN personnel.

Local media monitoring

East Timor local media monitoring

UNMISET - June 27-July 4, 2003

Suara Timor Lorosae reported that the Prime Minister Mari Alkatiri said in his report to the Parliament on Wednesday that the Government had decided in the Council of Ministers meeting to give priority to the education and health sectors in the budget allocation for the fiscal year 2003-2004.

The Chancellor of the University of Dili, Dr Lucas da Costa, said after examining the budget for the fiscal year of 2003-2004 which is still to be approved by the Parliament, he does not feel it reflects the Government's commitment to develop this country. Dr Lucas, commenting yesterday from his office, said that the US$79 million budget only allocates US$7 million for development. Dr Lucas said "This is a concerning issue, because many developing countries allocate their capital expenditure higher than the fixed expenditure".

Major Maubuti, a member of the Falintil-FDTL and the Veterans and Ex-Combatants Commission told reporters that he came down to the Falintil-FDTL headquarters with the intention to meet with Col Lere Anan Timor. Major Maubuti said that he was accompanied by Captains Haksolok and Sadia in order to get first hand information regarding Col Lere's threat to resign which they heard from the media. Major Maubuti said that if Col. Lere resigns, all of the former combatants in the Falintil-FDTL 1st battalion will resign simultaneously. Major Maubuti said that they share the same concerns regarding veterans' and ex- combatants' living conditions.

The Minister of Health, Dr Rui Maria de Araujo, yesterday said that the meeting between the Department of Health and the World Bank with professional associations such as Nurses' Association, Midwives' Association and Doctors' Association was aimed at getting input from these associations regarding health sector policy. Dr Araujo said that his department and the World Bank will carry out an analytical study on the health issues.

Timor Post reported that Prime Minister Mari Alkatiri yesterday told reporters that the US State Department's warning to American citizens traveling to East Timor to "exercise extreme caution" in public places is irrational. Mr Alkatiri said that the situation in Timor-Leste is stable. Mr Alkatiri made this objection after delivering his budget report to the National Parliament.

The Head of the Socialist Democratic Party Faction in the National Parliament, Mrs Maria Paixao, yesterday said that the Government could fail to overcome the problems of the community. Mrs Paixao said that the US$79 m budget for the fiscal year of 2003-2004 only benefits the Government rather than grass roots society. Mrs Paixao told the plenary session of the National Parliament that the Government is widening and strengthening its structure by putting aside the people's interest.

The Vice President of the National Parliament, Mr Jacob Fernandes, said in the ceremony offering flowers for the victims of torture at the Dili Port that the Government and the National Parliament are doing their best to combat torture. Mr Fernades said that torture and violence never solve problems.

(Yesterday was the United Nations International Day in Support of Victims of Torture).

The Deputy Commander of the 1st Falintil-FDTL Battalion, Major Maubuti, said that he will not accept the creation of a new National Police Anti-Guerrilla Special Force Unit. Major Maubuti told reporters at the Falintil-FDTL Headquarter that only the F- FDTL should combat guerrillas and not the PNTL. (Timor Post also covered the same story regarding Col Lere's resignation as reported in the STL).

June 30, 2003

Suara Timor Lorosae reported that the Speaker of the National Parliament, Mr Francisco Guterres Lu-Olo, told reporters that Col Lere's and Major Maubuti's threat to resign was their expression of solidarity for their fellow Ex Falintil Combatants' living conditions. Mr Lu-Olo said that the National Parliament is setting up regulations regarding the eligibility of Veterans and Ex-Combatants. Mr Lu-Olo said that he does not think that the military would make a coup d'etat. Mr Lu-Olo said that if it happens, first they need to kill President Xanana Gusmao and himself !

The Asia Foundation of Timor Lorosae held a two day conference (06/27-28-03) on "Traditional Conflict Resolution and Traditional Justice" at Hotel Timor-Dili. The conference was supported by USAID. "The aim of the conference is to trace Timor-Leste's Customary Laws as an alternative to solve current social and political problems", said the article.

Prime Minister Mari Alkatiri, yesterday renamed Dili's Hospital, changing it from the "Dili National Hospital" to the "Guido Valadares Hospital. At the ceremony were presented the Minister of State Administration, Dr Ana Pessoa, the Commander of the Falintil-FDTL, Gen Taur Matan Ruak, Minister of Health, Dr Rui M. Araujo, Minister of Education, Dr Armindo Maia, Vice Minister of Health, Luis Lobato, Defense's State Secretary, Mr Roque Rodrigues and Vice Minister of Foreign Affairs and Cooperation, Mr Olimpio Branco. Mr Alkatiri said that Mr Guido Valadares was a member of the Central Committee of Fretilin and also a member of the Government proclaimed in 1975. Mr Alkatiri said that the honored Mr Valadares was a person who dedicated his life to the health sector. Mr Alkatiri said that Mr Valadares deserves the memorial to his name.

The Timor Post reported that the Interim Vice President of the Social Democratic Party, Mrs Lucia Lobato, said that the Social Democratic Party (SDP) will hold its national congress in the month of September. Mrs Lobato said this last Saturday during the inauguration ceremony for the SDP members from the Dili Sub District. Mrs Lobato said that SDP will ask the former Vice President, Mr Leandro Isac, to step down from the National Parliament at the next national congress. (Mrs Lobato did not mention the exact date of SDP's national congress).

The spokesperson for the Political Platform of National Unity, Mr Mariano Sabino, said last Friday that the Platform feels sad because the State Budget does not reflect the basic needs of vulnerable people. Mr Sabino supported his statement by mentioning the US$79.11 million budget allocation, which declares that US$66.76 m or 84% from the total budget goes to fixed expenditure (routine), while for the capital expenditure (development), the allocation totals US$12.34 m or 16%. Mr Sabino commented after the final approval of the proposed State Budget N0. 15/I/12. (The Political Platform of National Unity is an umbrella organization for the Opposition Parties).

Timor Post also reported the commemoration of Dili's National Hospital's second anniversary and the renaming of the "National Hospital" to the "Guido Valadares Hospital" as reported in STL.

July 1, 2003

Suara Timor Lorosae reported that on 25 June the US State Department warned Americans travelling to East Timor to "exercise extreme caution" in public places such as bars, restaurants, schools, resorts and places of worship". Timor-Leste's Minister for Foreign Affairs and Cooperation, Dr Jose Ramos Horta, today reacted angrily to the warning. Dr Ramos Horta said " Timor-Leste has no trace of the presence of extremist terrorist groups". He said that the warning was "baseless and politically motivated to cover their (the Americans) backs because of previous intelligence failures elsewhere". "The US and other Western countries have a far higher level of violence, making them far more dangerous than poor developing countries like Timor-Leste that always fall victim to Western countries' stereotypes", said Dr Ramos Horta.

A political observer from Dili University, Mr Julio Thomas Pinto, yesterday said that the US travel warning was fundamentally based on the Chief of Staff, Col Lere Anan Timor's threat to resign, not the recent fighting between martial arts groups. Mr Pinto said that the United States has its own criteria to measure the security level of a country.

A Parliamentarian member from Fretilin, Mr Norberto Espirito Santo, said in the plenary session that a member of the National Police in Quelikai stabbed a Quelikaian resident at a cock-fight. Mr Espirito Santo said that the incident occurred on June 21,2003. Mr Espirito Santo told the plenary session that the policeman, who was involved in the game, attacked Aniceto Belo after losing the cock fight. During the fight, the policeman pulled out his trade mark police knife and stabbed his opponent's left hand. The Speaker of the National Parliament, Mr Francisco Guterres Lu-Olo, said that he will write a formal letter concerning the matter as soon as possible to the Interior Minister, Mr Rogerio Lobato and the Commander of the National Police, Mr Paulo de Fatima Martins.

The Timor Post reported that Timor-Leste's Senior Minister for Foreign Affairs and Cooperation, Dr Jose Ramos Horta, commented on the US State Department Travel Advice about Timor-Leste by saying "the US Travel Advice is usually based on faulty US intelligence. The US has no intelligence gathering facilities in Timor-Leste. Often they rely on other sources, such as those from Australia. And we know how criminality in Australia and in the US is far higher than in Timor-Leste said Ramos Horta in a press release last Saturday. (This date differs from that given by STL. The article repeats other comments already reffered to in STL)

President Xanana Gusmao yesterday met with the Head of UNMISET, Mr Kamalesh Sharma and his Deputy, Mr Sukihiro Hasegawa at Palacio das Cinzas to discuss the RESPECT Program. During the meeting they discussed the RESPECT assistance fund for vulnerable groups, widows, Veterans and former Combatants. President Gusmao said that they will work in close cooperation with the Government, UNDP and the Veterans for the follow-up to the Program. President Gusmao also said that the German Government will provide vocational training assistance to the Becora and Hera technical schools in Dili, the Fatumaka technical school in Baucau and the Salesiano Dom Bosco technical school in Fuiloro- Lospalos.

Timor Post also reported the Quelikai incident, where a policeman stabbed his opponent in a cock fight as reported in STL.

July 2, 2003

Suara Timor Lorsae reported that the Court of Appeal has decided that the draft Immigration and Asylum Law in particular articles 11 a, b, c, f, g and 12, is unconstitutional. The President of the Democratic Republic of Timor-Leste, Mr Xanana Gusmao send the draft bill to the Appeals Court for constitutional examination. The Court of Appeal said that article 11 limits the basic rights of foreign citizens which are stipulated in the RDTL Constitution. The Court also decided that article 12 of the Immigration Law limits the right of free expression and assembly. The Special Representative of the Secretary General of United Nations, Mr Kamalesh Sharma, yesterday met with the Speaker of the National Parliament, Mr Francisco Guterres Lu-Olo, at the Parliament building. After the meeting Mr Lu-Olo told reporters that Mr Sharma gave information about his regular report on the security situation in Timor-Leste to the United Nations Secretary General, Mr Kofi Annan in New York. Mr Lu-Olo said that no specific issues were discussed during the meeting.

The Minister of Justice, Mr Domingos Sarmento, yesterday met with Prime Minister Mari Alkatiri to report the departure of Timor- Leste's judges to Portugal for one year's training. Mr Sarmento said that 8 judges are participating in this year's training. Mr Sarmento said that they will arrive in Portugal before 15th July. In Portugal they will attend a 3 month Portuguese language course and then an intensive 6 month training for judges and 3 months on the job training (practice) in Portugal's courts.

Amnesty International, the worldwide human rights watch-dog, said in a report published yesterday that Timor-Leste's new police force is"incapable of maintaining law and order and promoting human rights". The report said "despite some progress, the National Police Service of Timor-Leste (PNTL) remains a fragile and underdeveloped institution which is not adequately trained or equipped to maintain law and order in a manner consistent with international human rights standards". (If the article is of interest, please read the full story in yesterday's Media Monitoring).

The Timor Post reported that the Interior Minister, Mr Rogerio Lobato, yesterday told reporters (TP,TVTL) that the Quelikai incident (where an off-duty policeman stabbed his opponent in a cock-fight) is under investigation. Mr Lobato said that if the policeman is found guilty in the Court he will be dismissed from the Police. Mr Lobato said that the police are trained to protect not harm the community.

The Vice President of the National Parliament, Mr Jacob Fernandes, said "the Commission of Reception, Truth and Reconciliation's (CAVR) activities have used the victims as political objects. Within the CAVR itself there are many veiled interests". Mr Fernandes commented yesterday on CAVR's mission and performance to Timor Post at Parliament House. Mr Fernandes said that the Parliament has already prepared a draft bill for the establishment and the extension of the Commission's mandate. Mr Fernandes said that in order to anticipate the negative presumptions mentioned above the new bill will give more authority to the President of RDTL to be involved.

Timor Post also reported the same story as STL regarding the Appeals Court's decision on the Immigration and Asylum Law.

July 3, 2003

Suara Timor Lorosae reported that Portuguese newspaper Expresso reported that UN personnel were involved in bringing girls and women from Thailand to Timor-Leste to work as prostitutes. "This allegation is without foundation. UNPOL, the National Police of Timor-Leste and Timorese judicial authorities have been actively engaged in the investigation", said David Wimhurst, UN spokesporson. The same newspaper article also alleged that a ship contracted by the UN is being used for prostitution.

The world's 49 Least Developed Countries (LDCs) and Timor-Leste will receive duty-free and quota-free access to the Australian market from Tuesday, Trade Minister Mark Vaile said in Canberra on Tuesday. The new legislation, passed last week, gives effect to the Australian Prime Minister's announcement last October at the APEC Leaders' Meeting in Los Cabos, of duty-free and quota- free access for goods originating in LDCs. The government has also extended the preferential access to Timor-Leste. "Australia has provided generous preferential market access for the world's poorest countries for many years, and now LDCs and Timor-Leste will have duty-free and quota-free access for all products from today," Mr Vaile said. "Economic growth is the best poverty- buster, and this initiative will help the poorest to increase their exports and living standards. (Australian Embassy press release).

The Timor Post reported that the Appeals Court's decision concerning the unconstitutionality of articles 11 and 12 prompted different reactions from the members of the Parliament. The Fretilin fraction said that they will examine the decision. The Opposition Parties said that at the earlier discussions they did not agree to pass these two articles, when the bill will come into force.

Resident of a house that is used as massage center in the area of Farol-Dili, yesterday were expelled by force. A joint team of Land and Property Authorities and police conducted the operation. The team coordinator from Land and Property, Mr Francisco Amaral, said that according to regulation N0.I/2003, tenants occupying former Portuguese and Indonesian premises have to leave these premises after a formal notification letter from the Land and Property Authority. However, the residents of that premise refused to comply.

July 4, 2003

Suara Timor Lorosae reported that President Xanana Gusmao conducted a 3 day official visit (July 1-3) to the Distrct of Bobonaro. During the visit President Xanana met with Kailaku's and Atabae's citizens. In both places President Xanana appealed to the community to be patient. President Xanana said "we have won the fight for our political freedom, but we have not yet won our fight against economic problems, poor health, lack of education, hunger and suffering". President Xanana said "the Government, the Parliament and the President recognize that we have not yet overcome economic and social problems faced by the community. However, we do need mutual trust to solve these economic and social problems and have confidence that one day we will achieve prosperity"

The Bishop of Dili and Baucau, Monsignor Basilio do Nascimento made comments on Wednesday regarding the Government's proposal for the National Budget for the fiscal year 2003-2004 which totals US$79.1million. Bishop Nascimento said that his views do not represent the Catholic Church, he speaks as a citizen of this country. Bishop Nascimento said " US$79.1 is a lot of money. Where is this money spent ? As a citizen of this country I share the opinion of others, because in my view this amount of money could manage a lot of things". Bishop Nascimento gave examples of physical infrastructure development in Dili. There are roads in Dili that need to be repaired, schools without adequate facilities.

After eighteen months delay the Court of Appeal in Timor-Leste restarted its operation this week. Until Monday of this week no appeals from the Special Panels for Serious Crimes or the nation's four district courts have been heard. This delay resulted in a backlog of approximately 80 cases. The Court has been reconstituted by the swearing in of Judge Claudio Ximenes (Portuguese/Timorese) as President of the Court in May, and by the swearing in of Judge Jose Maria Calvario Antunes (Portuguese) in June of this year. They will join Judge Jacinta Correia da Costa (Timorese). The Judicial System Monitoring Programme said "the reestablisment of the Court of Appeal is a critically important development for Timor-Leste. The absence of such a means of review has denied many accused the right to a fair trial as established by the International Convenant on Civil and Political Rights (ICCPR), to which Timor-Leste is a signatory".

The Timor Post reported that Prime Minister Mari Alkatiri said yesterday that the Government is looking for ways to assist and improve former Falintil's and Combatants' living conditions in a sustainable way, not as charity. Mr Alkatiri said that the Government will not forget them. Mr Alkatiri said that honouring former Falintil and Combatants' claims is formal recognition from the Government regarding their role during the struggle.

The Commander of Falintil-FDTL, Gen Taur Matan Ruak, yesterday said "we never promise something that is out of our capabilities". Gen Ruak said this in reference to the Government capabilities and the former Falintil and Combatants' living conditions after the meeting between Falintil-FDTL and Prime Minister Mari Alkatiri at the Judiciary Information Center. Gen Ruak said that the result of the meeting was positive. (The meeting was aimed to clarify Col Lere's threat to resign and other issues).

During his official visit to Bobonaro District, President Xanana Gusmao said that as the Supreme Commander of the Armed Forces he guarantees that internal friction wthin the security institutions would never occur. However he promise to reduce the National Police's and FDTL's undisciplined actions. President Xanana Gusmao made this statement during his dialogue with the community of Miligu, Sub District of Cailaco.

Book/film reviews

East Timor still has stories to tell

Canberra Times - June 28, 2003

Nothing fades as fast as an international crisis that seems to be settled, as proved by the almost complete disappearance of East Timor from Australian newspapers and television screens. James Dunn's updating of his history to cover its foundation as an independent nation reminds us of its continuing importance to international politics.

His third edition drops the title of the first two, "Timor: A People Betrayed", and celebrates the independence for which the East Timorese fought for more than two decades.

At the same time it provides an essential reminder of the barbarity of the Indonesian military machine in trying to deny the East Timorese people the independence conceded by its national government, and the difficulties the East Timorese face in building a viable economy as well as a workable democracy.

It also takes us back to the international deal that enabled Indonesia to invade East Timor in 1975 after four centuries of Portuguese rule. The decision of the Whitlam Government, in conjunction with the US Administration, to turn a blind eye caused what Dunn describes as 'a tragedy which cost more than 200,000 lives'.

The fall of the Suharto Government in 1998 and the arrival of Dr B. J. Habibie as the new Indonesian president gave the independence advocates in East Timor their first hope of getting rid of Indonesian authority, and the East Timorese militia it had created. With the help of UN Secretary-General Kofi Annan, Habibie proposed a form of autonomy. When, six months later, John Howard urged him to address the Timorese desire for self determination, Australia reversed its long-standing support for continuing Indonesian control and dipped its toe into the question of independence.

That brought in the United Nations and its Assistance Mission for East Timor (UNAMET), in which Dunn was a volunteer observer, to prepare for a referendum which would ask the East Timorese if they wanted autonomy from Indonesia. When 78 per cent of the 98 per cent of eligible citizens who turned out voted no for autonomy and thus yes for independence, the 17,000 Indonesian military in East Timor and their supporting militia reacted immediately.

Dunn reports that, a few days after the announcement of the referendum result, Dili was on fire and hundreds of thousands of East Timorese had been ordered to leave or had fled inland. An indication of the depth of destruction wrought by the military is his estimate that they deliberately destroyed some 74 per cent of the houses and buildings in East Timor.

The arrival of the Australian-dominated interFET force and the later formation of the United National Transitional Authority for East Timor (UNTAET), in which Dunn was an adviser, brought an end to Indonesian reprisals and a rapid transfer to East Timorese control. Dunn praises the spirit in which it was achieved, but is critical of some aspects.

He is obviously impressed by the competence and outlook of President Xanana Gusmao, but questions some of his priorities, particularly his emphasis on reconciliation between different groups in East Timor. While he acknowledges that his outlook has healed relationships between supporters of independence and those favouring autonomy, he believes this is only a part of the need for accommodation of past injustice. In the interest of establishing the long-term relationship between Indonesia and East Timor on 'a frank and enduring' basis, he sees a need for an international tribunal to try those Indonesians responsible for crimes against humanity.

He is also sceptical of the prospects for economic development, labelling it "not one of the great successes" of the activities of UNTAET. He acknowledges the "glittering hope" attributed to the Timor Gap gas exploitation, but points out that it will not be a significant contributor to revenue until the end of the decade.

Rice and maize production have recovered to the levels of 1999 and coffee has also increased substantially, but at lower world prices. Unemployment levels have remained "dangerously high, posing a serious threat to security and political stability". He would also like to see more activity in tourism, pointing to the beauty of the countryside and the richness and diversity of the culture as attractions, particularly to Australians who have been committed supporters of East Timor.

In that context, he is careful to distinguish between the people and the government. He describes our national foreign policy as having a history of "ruthlessly opportunistic diplomatic manoeuvres that do nothing to encourage complacency". But he places much faith in the attitude of the Australian people, which he describes as "a commitment that has become a matter of public conscience".

This is an interesting update to a book that has provided an informed and insightful view of East Timor since its first edition in 1983, but it could usefully be embellished. The UN phase of the East Timor story has had little coverage, apart from the well-balanced account by Ian Martin, head of the UNAMET operation. If James Dunn would write a full account of the independence phase his considerable contribution to a country in which he has been involved for four decades would be strengthened.