Labour issues

Australian companies are 'worst employers'

Green Left Weekly - July 23, 2003

Robyn Waite, Dili -- More than a year after East Timor's labour code came into effect on May 1, 2002, three of the boards required to implement it -- the Minimum Wages Board, the Labour Relations Board (an arbitration body) and the National Labour Board (a policy advisory body) -- have yet to be appointed.

In addition, the Registrar for Trade Unions has not been assigned, consequently there are no registered trade unions or employer organisations in East Timor. Many of the unions formed during the period of the UN administration are still active and have completed the paperwork required for registration.

The International Labour Organisation (ILO) has several projects underway in East Timor, one of which is to deliver services, training and support to the Department of Labour and Solidarity (DLS) in implementing labour law. Adjustments to the code to address weaknesses identified by the ILO have yet to be passed by parliament.

The government's delay in ratifying the new version of the code and appointing the boards leaves East Timorese workers with limited means to demand fair wages and conditions.

The ILO recognises the Trade Union Confederation of Timor Lorosae (KSTL) as the peak trade union body in the country. The KSTL claims to represent 4700 organised workers including teachers, nurses, journalists and those working in the construction, agricultural, maritime and transport sectors. Founded in February 2001, the KSTL prides itself on being an independent, politically unaligned body acting on behalf of workers. It receives support from the ILO, the International Confederation of Free Trade Unions and the Australian Council of Trade Unions, all of which have made a commitment to provide assistance for the next six months. The KSTL's two main stated objectives are to encourage workers to organise and to provide advocacy and conciliation services.

Another workers' alliance, the National Syndicate Union (UNS), was launched in March 2003. Founded by the Socialist Workers' Union (SBST) and the Port Workers' Union (OTPTL), the UNS cites a membership of 1000 workers. The UNS functions with volunteer staff and has three objectives: to lobby the government over labour issues; to monitor working conditions; and to raise community and workplace awareness about labour matters and the importance of forming unions.

While there are rivalries between the KSTL and the UNS, both alliances are vital in the present political climate. The absence of the Minimum Wages Board means that there is no legal wage standard in East Timor. Both the UNS and the KSTL estimate that the average wage for an East Timorese worker is currently US$2-$5 per day.

I have met waitresses who earn as little as $40 per month for working eight-hour days, seven days a week. Those employed by non-government organisations fare better, receiving around $175 per month.

Given the skyrocketing cost of basic commodities in East Timor, and with unemployment estimated at 75%, these wages are highly inadequate, particularly for workers who must support extended families. UNS chairperson Nelson Correia believes wages should increase three-fold.

"A fair wage for the average worker would be around $15 per day, but workers have no power to demand this. It is the same with working conditions. The labour code sets standards, but with no arbitration board in place to hear cases, employers can do what they want. They know that workers do not have the money to take problems to court." Various bodies for mediation and advocacy over labour issues have been established. The DLS offers conciliation services, as does the KSTL and a variety of NGOs. ComeAlright is one of the most effective of these. It is an unfunded organisation that workers can access free of charge. Since its inception in 2001, ComeAlright has assisted an increasing number of workers, many of them dissatisfied with the results of the mediation process offered by the DLS.

Agostino Perez is the vice-chairperson of ComeAlright and works as a volunteer conciliator: "Our principle is to find solutions between workers and employers. We also encourage workers to join unions and syndicates to strengthen their collective bargaining power. The most common problems we deal with are unfair dismissal without adequate compensation, low wages and poor working conditions. Often we can solve the problems through mediation but not always." When disputes cannot be resolved, workers can take legal action, but this is expensive and time consuming. The DLS does not take cases to court and organisations such as ComeAlright have limited means to do so. The alternative is to launch media campaigns, strike and demonstrate. However in a country with such a high rate of unemployment, strikes are risky and can easily result in mass dismissals.

A recent example is that of the Australian-owned Timor Lodge Hotel, where 21 workers were sacked in January after striking for better wages and working conditions. The dispute remains unresolved. Twenty-nine workers sacked by Timor Plumbing and Gas in July 2002 were more successful, and forced the company to pay compensation after ComeAlright supported an extended campaign of demonstrations and attracted media attention.

Both the KSTL and ComeAlright deal with many labour disputes involving Australian companies operating in East Timor. Jose Conceicao da Costa, KSTL president, cites Chubb Security as the worst "worst employers in East Timor".

"We see the same disputes happening again and again. We have dealt with 16 Chubb cases since February 2001 and have three more cases currently on our books. They have a bad reputation for nepotism, for sacking workers in order to employ family and friends. In every instance, we have found a solution, but it is very time consuming. Conciliation has become our main activity and has taken time away from workplace organising, which was our original priority." ComeAlright's most recent success was in negotiating compensation for 31 workers dismissed from the Australian-owned Tata Service mechanical workshop. The company cited "economic conditions" as the reason for the dismissals and claimed it could not afford to pay the workers the three months' wages they were entitled to, in accordance with the labour code. The workers approached ComeAlright for assistance and a deal was struck in mid-June, with the company paying 44 days' wages, plus holiday pay and overtime.

These examples highlight the importance of grassroots labour organising in East Timor. However, the general industrial relations picture remains bleak. High unemployment, combined with government apathy in implementing the labour code, continue to undermine the rights of East Timorese workers on a daily basis.

Justice & reconciliation

East Timorese reconciliation continues

Antara - July 27, 2003

Atambua -- The reconciliation meeting among East Timorese on the border between Indonesia's East Nusa Tenggara province and East Timor continues to reach an agreement on a peaceful life.

"Although East Timor has become a sovereign country, all the East Timorese, both those who once supported independence and integration, have the only wish to live in peace. And the only way to that effect is a reconciliation," an ex-refugee figure, Pedro Sousa, said here Sunday.

Sousa said being aware of a need to live in peace many public and religious figures in East Timor and at refugee camps in Indonesia's East Nusa Tenggara province decided to continue the reconciliation meeting.

The reconciliation meeting did not oblige all ex-East Timorese refugees who are still in Indonesia to return to East Timor but allowed them to choose living in their home land or in Indonesia.

In fact, there are a lot of ex-East Timorese refugees preferred living in Indonesia to returning to their home country (East Timor).

According to Sousa, reconciliation thus has a new meaning as East Timorese are free to choose places where they have to live in peace. "It means that people in East Timor can visit East Nusa Tenggara without consternation of possible threats from their brothers and sisters in the Indonesian province," Sousa said.

Contrariwise, ex-East Timorese refugees can go to East Timor to meet their families in the nascent state without fear of possible arrest and incarceration.

An East Timorese citizen, Felisberto Maia, meanwhile said the people in the newly-born country wanted Prime Minister Mari Alkatiri, President Xanana Gusmao and Chairman of the parliament Francisco Guterres to visit their brothers and sisters (ex-East Timorese refugees) in East Nusa Tenggara.

"The expected visits of the East Timorese state and government leaders are not aimed at imposing their wish to oblige all ex- East Timorese refugees to return to their home land but at establishing new relations among them in a friendly and peaceful manner," he said.

If the people in East Timor can set up good relations with Indonesians, especially the people in East Nusa Tenggara, they should also be able to establish peaceful ties with their brothers and sisters living at refugee camps or resettlement areas, he said.

According to Felisberto, a special team on reconciliation in East Timor is now making efforts to continue a reconciliation meeting between the East Timorese government/state officials and the figures as well as ex-East Timorese refugees in East Nusa Tenggara.

Data from East Nusa Tenggara's Belu district office of the Central Bureau of Statistics show that the number of ex-East Timorese refugees still living at emergency camps is recorded at 42,269 people. The number does not include the ex-East Timorese refugees who live in resettlement areas and at houses of local people.

East Timor officially seceded from Indonesia in October 1999 as a consequence of the pro-independence camp's victory in the UN- organized popular consultation held on August 30, 1999. The territory integrated into Indonesia in 1976 but the United Nations never recognized the integration process.

Human rights/law

Australian on Timor theft counts

Melbourne Age - August 3, 2003

Jill Jolliffe -- An Australian businessman is facing six years' imprisonment in East Timor on petty theft charges laid after a complaint by the brother of Prime Minister Mari Alkatiri.

Kirk McNamara, who has managed the ANZ bank in Dili since 2001, appeared in court on Friday charged with having stolen window frames and doors from the burnt remains of a house belonging to Bader Alkatiri after riots last December. He pleaded not guilty. The court confiscated his passport.

The accusations are the latest of a series of legal problems facing foreign investors in East Timor.

Mr McNamara was renting a house owned by Bader Alkatiri when the riots erupted. He was on duty at the bank when it was attacked and took his staff to his house for safety.

However, it also became a target when three buildings belonging to the Prime Minister's family were torched. He and the ANZ staff fled moments after it was set alight.

The building was not secured by police and the charges arise from the removal of the window frames and doors afterwards, of which the bank manager denies any knowledge.

One Australian resident, who did not want to be named, said it was disappointing to see "Australia's most senior business person" treated so poorly, adding that Australian businesses no longer knew what they could expect in East Timor. An official from the Australian embassy was at the hearing.

Although ANZ planners were forced to review the situation after the riots, a decision was taken to remain open in Dili despite the risks. The ANZ is the only commercial bank in East Timor and represents a multi-million dollar investment. A decision in the case is expected tomorrow.

Legal system faces chaos

Radio Australia - August 1, 2003

East Timor's most senior judge has ruled the new nation's legal system should be based on Portuguese law, not Indonesian law. The controversial statement was made during his verdict on an appeal of a Timorese militiaman convicted on involvement in murders and a massacre during the 1999 vote for independence.

Presenter/Interviewer: Anita Barraud

Speakers: Dr Tim Lindsay, Director of the Asian Law Centre and Associate Professor of Law at Melbourne University; Claudio Ximenes, East Timor's only Supreme Court Judge; Dionisio Babu Soares, from East Timor's Jurist Association; Longuinhos Monteiro, Prosecutor General

Barraud: When the most senior judge in the land handed down a verdict, contrary to common thinking, many associated with the legal system in East Timor reeled with shock. Dr Tim Lindsay is Associate Professor at Melbourne University and Director of the Asian Law Centre.

Lindsay: It's a nightmare, it means that there were decisions made pursuant to a law that didn't apply by institutions taking their authority from legal provisions that were not relevant. In other words the consequences directly are completely chaotic for East Timor.

Barraud: East Timor's only Supreme Court Judge Claudio Ximenes, who was trained in Portugal, says the common interpretation of the United Nations drafted legal system, adopted after independence is wrong. The UN did not recognise Indonesian sovereignty, referring to East Timor as a non autonomous Portuguese colony -- therefore it follows Portuguese -- not Indonesian law should be applied. So far all legal decisions, sentences and convictions made since 1999 have been based largely on Indonesian law. Speaking from a busy restaurant during Dili's lunchhour, Judge Ximenes says he cannot comment on the case or his verdict, but stressed his decision was based on considered legal argument.

Ximenes: Well the decision is taken on the legal arguments of interpretation and not on a political argument. So I've not taken a decision just because I have found out that the Portuguese law is better or more developed than Indonesian law or anything else.

Lindsay: I have to say that I think Justice Ximenes's reasoning is probably right. You can't have your cake and eat it, if you believe that Indonesia illegally occupied East Timor, then you can't have its law applying.

Barraud: Already coping with log-jammed courts, language difficulties and barely adequate resources, the judges' decision could overturn all current and previous legal decisions and sentences. Dr Lindsay says Judge Ximenes has perceived a lack of clarity in the laws drafted by the United Nations Transitional Authority in East Timor, and in the constitution.

Lindsay: The constitution and the UNTAET regulation both say simply that the laws that existed in East Timor at the time they came into effect will continue to apply until set aside. It's as simple as that. But neither of them say what those laws were, and this has left the East Timorese parliament and the judiciary with a problem. What law applied in East Timor in '99 and in 2002 when UNTAET regulations came in and when the constitution came in.

Barraud: The Judge's controversial decision related to a militiaman originally convicted of murders including the killing of a leading East Timorese activist and involvement in a massacre at a church in Liquica in 1999.

The prosecution was appealing against the murder conviction arguing the accused, Amando Dos Santos, should have been charged with murder as a crime against humanity. A number of other cases have since also ruled in favour of using the Portuguese laws. Dionisio Babu Soares, from East Timor's Jurist Association says there are strong arguments for using Indonesian laws despite its history of repression in East Timor.

Soares: Something that Judge Ximenes forgot was that Indonesia and Portugal had an agreement on the 5th of May 1999 where both countries actually agreed to handover their claim of East Timor to the United Nations. And if you look at 5th of May agreement, Article 11, it says that Indonesian laws in force upon the date of entry to first of this agreement.

Barraud: Mr Soares says this agreement to abide by Indonesian law while East Timor remained a special autonomous region has helped form the basis for the UNTAET law and the constitution. He admits the draft law does not clarify which law East Timor should follow -- but what IS crystal clear are the Indonesian laws which should NOT be used, and they include specific laws relating to human rights, sentencing -- including capital punishment, regulations on social organisations and security laws. He believes the fact that the exceptions were so carefully laid out implies that the laws of common choice would be -- Indonesian. But Mr Soares is more concerned about the social and political implications of Judge Ximenes's ruling.

Soares: People are afraid that their rights, their claims to land and to properties and everything that actually came under Indonesia law will not be recognised by the current government.

Ximenes: When we are trying to deal with this ... and even in a country where the legal system is established, there is always interpretation ... it should be made and should be followed and interpretation should be made seriously.

Barraud: Does this mean that all cases that have currently and in the past been in East Timor courts since 1999, will they have to be re-tried?

Ximenes: No, the decisions which are finished are not possible to be changed, will not be changed. Changes could take place only on the cases pending on appeal.

Barraud: Judge Ximenes agrees his decision has enormous implications in an already overloaded legal system. It now threatens to divide the legal institution itself. Already the special panel on serious crimes has issued a statement indicating it will continue to abide by Indonesian law. The Prosecutor General Longuinhos Monteiro has filed an application to the Supreme Court for a clarification of the Judges verdict.

Monteiro: Hopefully yes he should change the decision he's taken in the Court of Appeal because it's quite embarrased all the justices, overall the judicial system in East Timor, because we'll be implicated not only the judges but also the defence counsel and the prosecutors who have no, knowledge on Portuguese law. Everybody's telling that of course through our constitution that the Indonesian occupation is illegal it's true, but no one is also saying that before it, the colonial occupation is legal.

Barraud: So you're saying that the Portuguese occupation was just as illegal as the Indonesian one?

Monteiro: Same thing, from my point of view it's no different between Indonesians and Portuguese, because we are fighting for our independence before Indonesians came in here.

Barraud: But Dr Tim Lindsay says the issue is now a political one.

Lindsay: There are huge risks in East Timor today between the Portuguese speaking mestizo elite and the majority of people who don't speak Portuguese. So there is a lot of resistance to the application of Portuguese law and language in East Timor, although it is nonethless proceeding. I'm glad Ximenes made this decision despite the short-term problems it's causing litigants, because it throws the ball back where it should be in the government's court. It's a political decision as to whether they'll apply Indonesian or Portuguese law. If the government doesn't like it then of course it won't. It must now at last make a decision as to what law will apply so there's a degree of certainty about that. And then we can move forward at least on that issue.

Australian firm appeals against Timor compensation order

Lusa - July 24, 2003

Dili -- In a case observers say could have future impact on foreign investment in East Timor, an Australian construction company launched an appeal Thursday against a judgement ordering it to pay compensation to a former Timorese business partner.

J.J Macdonald Engineering was appealing against a Timorese court's ruling that it paid USD 1,5 million compensation to Foo Han Kuin, a supermarket chain owner and former partner of the Australian firm in a joint venture.

In 2000, the two parties created East Timor Constructions, one of the biggest companies to emerge in Timor after the destruction and violence of 1999. However, Foo decided to pull out of the venture in 2001 and began legal proceedings against the Australian company, which admitted to owing Foo USD 50,000.

Foo demanded USD 1.5 million compensation from the Australian firm and the claim was supported by a court in one of Timor's most prominent civil actions. J.J Macdonald was also ordered to pay all costs.

The Australian firm's attorney accused the Timorese court of improper conduct in the courtroom and also said attempts had been made to bribe him. It was also alleged by J.P. Macdonalds's lawyers that their Dili offices were ransacked and "important legal documents stolen or burnt".

Old European tongue brings chaos to newest Asian nation

Sydney Morning Herald - July 26, 2003

Jill Jolliffe, Darwin -- A ruling by East Timor's only Supreme Court judge that national law should be based on Portuguese, not Indonesian, law threatens to plunge the legal system into chaos.

The Portuguese-trained Claudio Ximenes, who took office last month, has ruled that because Indonesia's occupation was unlawful, the United Nations-drafted legal system adopted after independence was invalid. Mr Ximenes is East Timor's highest legal authority and made his finding as part of a special panel of judges hearing appeals of convicted militiamen.

The East Timorese chief prosecutor, Longuinhos Monteiro, challenged the ruling on Thursday. He said it would render illegal all "decisions of the court in crimes against humanity, serious crimes or ordinary crimes" heard in the previous three years.

East Timor's Prime Minister, Mari Alkatiri, had hoped the appointment would solve Timor's legal woes, but described the decision as incompetent and unconstitutional.

In a verdict on the appeal of Armando dos Santos, a Timorese militia member convicted of killings in the April 1999 Liquica massacre, Mr Ximenes said last week that UN Regulation No. 1 of 1999 did not apply. It states that "the law in East Timor prior to 25 October 1999" -- taken to mean Indonesian law -- should provide the legal foundation for the new nation.

The appeals panel he leads, which also has a Portuguese and an East Timorese judge, has since issued similar rulings in three other cases, although the East Timorese member, Judge Jacinta Costa, dissented.

Young Timorese judges and lawyers are already struggling to cope with a logjammed court system and the difficulties of conducting cases in a mixture of Portuguese, Indonesian and local languages.

They face the prospect of having to retry all cases judged since 1999. The ruling also undermines the credibility of Dili- conducted trials for crimes against humanity, some of which have resulted in 33-year sentences. News & issues

Former governor evicted after 22 years

Sydney Morning Herald - July 30, 2003

Dili -- East Timorese police have evicted former governor Mario Carrascalao from his home of 22 years, in what he described as an act of political persecution.

Mr Carrascalao, 66, who is also a leader of the opposition Social Democrat Party, survived an eviction bid several weeks ago through negotiations with the Fretilin Government, but was powerless to prevent the latest move.

His house was surrounded by 50 policemen at dawn on Monday, attracting a crowd of angry supporters. The property was sealed by police, forcing Mr Carrascalao to leave several hours later.

The eviction order was issued by the Lands and Properties Department on the grounds that the Indonesian Government had expropriated the house from its original Portuguese owner after the 1975 invasion.

Local media monitoring

East Timor local media monitoring

UNMISET - August 1-July 22, 2003

Suara Timor Lorosae reported that the Speaker of the National Parliament and President of the Fretilin Party, Mr Francisco Guterres Lu-Olo, said that his party has no intention at holding an extraordinary congress. Mr Lu-Olo made this statement on Wednesday to clarify rumors that the Fretilin Party will hold an extraordinary congress in order to reduce conflict within the party. The article said that there are rumors that the ruling party was split into two blocks as the result of the Prime Minister Mari Alkatiri's unwillingness to accommodate some political views within the party's interest, the Immigration Law and the eviction of Mr Mario Carrascalao from his house.

President Xanana Gusmao yesterday met with community members of Ossuala, Vemasse's Sub District -- District of Baucau. During the meeting President Xanana reiterated that members of the National Parliament do not use the Parliament as a laundry to wash their dirty clothes. Mr Xanana said Parliamentarians should debate the real life difficulties faced by the community. (This is a Portuguese term of phrase that means the Parliament is not the right place to discuss small inconsequential matters).

The Board of Trustees of the Ramon Magsaysay Award Foundation has announced that seven individuals from India, Japan, the Philippines and East Timor will receive the Asia's most prestigious prize, the Ramon Magsaysay Award. The East Timorese recipient, Aniceto Guterres Lopes, Chairperson of the Commission for Reception, Truth and Reconciliation, has been awarded for Emergent Leadership. Mr Guterres Lopes is being recognized for his courageous stand for justice and the rule of law during Timor-Leste's turbulent passage to nationhood.

The Timor Post reported that President Xanana Gusmao yesterday told the community of Loelubu's Suco, Sub District of Vemasse ? District of Baucau -- that the CPD-RDTL (Conselho Popular de Defesa ? Republica Democratica de Timor-Leste) is not a legitimate institution. He said this means it cannot speak on behalf of the people. President Xanana said that if the CPD-RDTL wants to be recognised it must follow the existing legitimate process. The President said this in response to a CPD-RDTL's militant request to convey their message to the United Nations to hand the sovereignty of Timor-Leste over to East Timorese.

On Wednesday the Ambassador of Timor-Leste to the United States and United Nations, Mr Jose Luis Guterres, warned Timor-Leste's political leaders to speak out carefully. Mr Guterres said that political leaders statements and comments could influence an international opinion regarding the political and security situation in Timor-Leste. Mr Guterres spoke to reporters at Nicolau Lobato International Airport after accompanying the President of the United Nations General Assembly's visit to Timor-Leste.

A Parliamentarian member from the Social Democratic Party, Mrs Lucia Lobato, yesterday said that the Speaker of the National Parliament is acting as the Government spokesperson. Mrs Lobato said that when a member, at the Opposition Parties criticizes the Government, the Government that should respond, but it is the Speaker of the National Parliament who often responds on behalf of the Government.

Prime Minister Mari Alkatiri yesterday told the community of Nitibe Sub District- District of Oecusse during the "Open Government" visit that the people are the Government's strength, therefore the Government is trying to keep close with the people, listening to the people's voice in all districts.

July 31, 2003

Suara Timor Lorosae reported that the President of the United Nations General Assembly, Dr Jan Kavan, yesterday said that the consideration for the United Nations to extend the UNMISET mandate (finishing on May 2004) was based on 3 development priorities areas agriculture, health and education. Dr Kavan did not mention the exact period of time that UNMISET mission may be extended. He said it needs further discussions in the United Nations.

In separate interviews with the Chancellor of the Dili University, Dr Lucas da Costa, a Parliamentarian from the Social Democratic Party, Mrs Lucia Lobato as well as a member of the National Parliament from the Democratic Party, Mr Rui Menezes all have said that the enforcement of the Nationality Law in Timor- Leste is problematic. They said that the Government is discriminating against those who deal with passport arrangement (this comment was not explained). They also said there are some Government Officials with no clear nationality status but they do have Timor-Leste's diplomatic passports. The article said that in order to avoid controversy all three interviewees suggested an investigation regarding foreign citizens holding important posts in the Government. "According to Timor-Leste's Constitution, only those born here, or born of East Timorese parents, can hold important posts in the Government" said Dr Costa.

The Vice Interior Minister, Mr Alcino Barris, yesterday said that the Government's plan to create a special unit within the National Police (PNTL) is not aimed at competing with the Armed Forces (Falintil-FDTL). He said it is a special unit within the PNTL to counteract activities of certain group who may threaten the community's security.

On Wednesday the Community Empowerment Project gave US$30,000 to the Sub District of Nain Feto ? District of Dili. The assistance fund is aimed at helping the community to build their public infrastructures, such as footpaths, drainage, water supply and retaining walls. "The community of Nain Feto Sub District also has contributed an amount of US$ 1,081.25 to complete the project planning budget" said the Chief Advisor of the Nain feto Sub district, Mr Augosto da Costa Soares.

The Timor Post reported that in response to comments made by a Parliamentarian member from the Social Democratic Party, Mrs Lucia Lobato, the Speaker of the National Parliament, Mr Francisco Guterres Lu-Olo, said that Prime Minister Mari Alkatiri's nationality of origin is Timorese. Lu-Olo said the Prime Minister was born in Timor-Leste even though his parents came from abroad. Mr Lu-Olo said that Mrs Lobato comments was an misinterpretation of fact.

The President of the United Nations General Assembly, Mr Jan Kavan, on Wednesday said that the United Nations Mission of Support in East Timor (UNMISET) will finish next year. Mr Kavan said that it is not an easy task to negotiate with the donors regarding further assistance. However, he said that he will recommend that the United Nations continue their support in the areas of training for the National Police and the Judiciary System.

On Wednesday about 75 youth held a protest at the National Parliament. The President for the B Commission (the commission that deals with internal security, foreign affairs and cooperation), Mr Jose Manuel Fernandes, met with a delegations of the protesters. The delegation said that they had passed the national police recruitment process, however they were still in the waiting list for one year without any confirmation about whether they will be recruited or not. One protester said that the number of people in the waiting list is about 156.

July 25, 2003

Suara Timor Lorosae reported that the spokesperson for the Democratic Party in the National Parliament, Mr Rui Menezes and Dili District Public Defender, Mr Sergio Hornai said yesterday that the National Parliament is the only institution which has the right to produce or adopt a law as defined by the Constitution article 161, not the Appeals Court. Both were commenting on the Appeals Court decision to revoke UNTAET's regulation N0.1/1999 replace Indonesian law with Portuguese Law. UNTAET regulation N0.1/1999 said that all the laws in place before October 25, 1999 will be applied in Timor-Leste. (Both were commenting on the Appeals Court's recent decision that stated that because the Indonesian occupation of East Timor between 1975 and 1999 was unlawful under international law, Indonesian laws were never valid. Prior to 25 October 1999, the applicable law in East Timor was Portuguese law. The Court further decided that where there are gaps in current East Timorese law, the Portuguese law still applies).

On July 23, 2003, acting under the powers of the Prosecutor General in Section 150 and 152 of the Constitution of Timor- Leste, the Prosecutor General filed an application with the Supreme Court of Justice in Timor-Leste requesting a formal clarification of the issue of applicable law in Timor-Leste. The application follows recent decisions of the Appeals Court in three appeal cases that Portuguese law is applicable in Timor- Leste rather than Indonesian law. The position of the Prosecutor General is that under UNTAET regulations and the Constitution of Timor-Leste, Indonesian law is applicable in Timor-Leste and has been applied in the justice system of Timor-Leste since Courts were established in Timor-Leste during the UNTAET transitional period. The Prosecutor General is of the opinion that the recent decisions of the Appeals Court render illegal those decisions of the Courts in all the cases of crimes against humanity, serious crimes, or lesser serious crimes, that have been heard in the past three years in Timor-Leste

The Christian Democratic Party (CDP) National Congress yesterday closed with the election of the new party's President, Mrs Olandina Guterres, and its Secretary General, Mr Jose Sereno Gomes. The former CDP's President, Mr Antonio Ximenes, and its Secretary General, Mr Arlindo Marcal, now Timor-Leste's Ambassador to Indonesia, were dismissed from the party's new structure.

STL sought more opinions from a range of personalities regarding Mr Mario Carrascalao's case of alleged eviction.

The Timor Post reported that Prime Minister Mari Alkatiri yesterday said that the Government will not intervene in banking activity in Timor-Leste. Prime Minister said this during the launch of a product by the Portuguese Bank (BNU).The article did not mention which product was launched yesterday.

No agreement was reached yesterday in meeting held yesterday between the lawyers for Mr Mario Carrascalao and the Government, represented by the Division of Land and Property. The Government has fixed a deadline for the eviction of Mr Carrascalao. Mr Carrascalao lawyers do not accept the Government's offer to lease the house. The article said that Mr Carrascalao will be evicted today if he does not accept the offer.

Timor Post also reported on the Christian Democratic Party's National Congress and the election of its new President and Secretary General as per the STL report.

July 24, 2003

Suara Timor Lorosae reported that the Community Empowerment Project yesterday held a meeting with the community of Don Aleixo's Sub District with the topic "My voice with people voice for the development of the future" in Comoro-Dili. "The objective of the meeting was to follow up proposals submitted by each Suco" said the CEP's facilitator Tadio Francisco. Mr Francisco said that there are 10 Sucos in the Sub District of Don Aleixo and 7 Sucos' proposals will be followed up for fiscal year 2003/2004. Mr Francisco said that projects chosen by the community center on Women's Skill Training, Water and Sanitation, and Drainage System.

The Timor Post reported that the Minister for Foreign Affairs and Cooperation, Dr Jose Ramos Horta, was appointed the Peace Envoy for the Community of the Portuguese Speaking Countries (CPSC) to Guinea Bissau. The CPSC took the decision during their annual ministerial meeting on July 17-18, 2003 in Coimbra ? Portugal.

Automatic guns were found in the Democracy Stadium in Dili few days ago (the article did not mention who found them or when exactly). The article said that the arrested man, who has the initials MD had confessed that he took 2 automatic guns from the City Cafi storage. He had planned to steal goods from the storage but upon finding the guns, he decided to hand them in to police. However, on his way to the police, someone reprimanded him for carrying weapons in the street. He felt discouraged to go to the police and so threw the guns into the stadium.

July 23, 2003

Suara Timor Lorosae reported that the United Nations Secretary- General Kofi Annan has named a senior Malaysian officer as the new commander of peacekeeping forces of the UN Mission of Support in East Timor (UNMISET), a UN spokesman said on Tuesday. Lt. Gen. Khairuddin Mat Yusof will replace Maj. Gen. Huck Gim Tan of Singapore, who has been the UNMISET force commander since August of last year. General Khairuddin is expected to assume his duties on August 31. (UNMISET was established in May 2002 when East Timor, now officially known as Timor-Leste, gained its full independence. UNMISET, which includes about 3,800 peacekeeping troops, will finish its mission on May 20, next year.

The President of the Christian Democratic Party, Mr Antonio Ximenes, yesterday said that the Christian Democratic Party National Congress which was organized by the party's Vice President, Mr Jose Sereno is illegal, because the congress was held without notice and consent from the party's top leaders.

A member of the National Parliament from Fretilin, Mr Mario Ferreira, passed away yesterday morning. Mr Ferreira died at his home in Farol ? Dili. The body was transported to Ainaro District where the funeral ceremony will be held. Mr Ferreira died in his bed without any symptoms of illness. The Spokesperson for the People of Timor's Party, Mr Jacob Xavier, said that the body should be the subject of an autopsy to know the cause of dead.

The Timor Post reported that the Deputy Commander of the former Falintil Resistance Region III, Mr Cornelio Gama, (L7) yesterday told reporters that he had handed his gun over to the Government in Aileu. Mr Gama made this statement in response to Major Maubuti's appeal to the Government to confiscate Mr Gama's fire arms.

The Director of the Timor-Leste's Power Authority, Mr Virgilio Guterres, yesterday told Timor Post that the Power Authority will introduce a new electricity meter box to the consumers. Mr Guterres said that the existing conventional meter box will be replaced by pre -- paid digital meter box. Mr Guterres said the Power Authority has a stock of 10,000 pre -- paid meter boxes to be distributed to consumers in Dili. The Power Authority has start replacing the pre -- paid meter box in the areas of Caicoli, Audian, Mascarenhas and Pantai Kelapa.

The Minister of Justice, Mr Domingos Sarmento, yesterday said that law is paramount and every one should obey it, including Mr Mario Carrascalao. He said Mr Carrascalao should abide by the Law of Land and Property. (This is a continuation of a series of reports on Mr Mario Carrascalao's case whereby Mr Carrascalao is fighting what he says is an unfair eviction).

Timor Post also reported on the death Parliamentarian Mr Mario Ferreira from Fretilin.

July 22, 2003

Suara Timor Lorosae reported that the President of the Social Democratic Party, Mr Mario Viegas Carrascalao, yesterday said that he would leave Timor-Leste if the Government evicted him from his home. "I will leave Timor-Leste if the Government evict me, I don't have money to build a new house. For me it doesn't a matter to live in Timor-Leste or abroad, but what I am thinking is about the ordinary people if they are evicted where do they go?" said Mr Carrascalao. Mr Carrascalao said that he will abide by the Court's decision regarding the status of the house he is living in ? ie whether it belongs to the State or is a private home.

The General Manager of the Micro Finance Institute of East Timor, Mr Sergio M. do Espirito Santo, yesterday told STL that from May 13, 2002 until June 30, 2003 his Institution had disbursed US$ 747,195 through its branch offices in Dili, Gleno (Ermera) and Maliana. Recipients totalled 3,375. "The total outstanding credits are US$ 424,669.16 for 1,789 creditors. There are varieties of credit which include Market Vendor Daily Loan which totals US$ 179,390, the Micro Finace Group Loans US$ 144, 136, Seasonal Crop Loans US$ 80,300, Other Business US$ 37, 100, Payroll Loans US$ 282,490 and Employed East Timor Staff Loans US$ 23,780. Mr Espirito Santo said that the Micro Finance Institute also receive deposits from Dili Branch which totals US$ 772,970.10 with 2,470 depositors, Gleno received US$ 44,543.98 with 1,032 depositors and Maliana the amount of deposit was US$ 139,656.68 with 515 depositors.

During his visit to Portugal to attend the Community of the Portuguese Spoken Countries Ministerial Meeting, Timor-Leste's Minister of Foreign Affairs and Cooperation, Dr Jose Ramos Horta, had the opportunity to meet with Timorese students in Coimbra- Portugal. During the meeting the President of the Timorese University Students of Coimbra conveyed his concern about the need for a permanent office for their organization in Coimbra. Dr Horta said that he will convey their concerns to the President of the Municipality of Coimbra.

The Timor Post said that the spokesperson for the Democratic Party, Mr Rui Menezes, yesterday said that the Appeals Court decision to adopt Portuguese Law is not relevant to Timor-Leste's current situation. Mr Menezes said that the decision could lead to violence.

A member of the National Parliament from Fretilin, Mr Antonio Cardoso, yesterday urged the Government to set up a regulation governing employment conditions/rights for the Government's civil servants urgently. Mr Cardoso made this request after noticing that many of the civil servants try to leave their post by applying for higher vacant position within the Government.

Timor Post and STL both sought opinions from a range of personalities regarding Mr Mario Carrascalao's case.