Press Release
Rejection of the Court Decision Threatens the
Principles of Rule of Law and Democracy
The Association for Law, Human Rights and
Justice (HAK) considers the polemics some of the country's
leaders are raising in public since the Appeals Court
decision on the unconstitutionality of the Economic
Stabilization Fund (ESF), which is part of the 2008 mid-year
budget, do not contribute to the development of the rule of
law and democracy. They create precedent and foster the
attitude that people do not have to respect the law and they
glorify power.
According to Josè Luis de Oliveira, Director of HAK
Association, "comments from Prime Minister Xanana Gusmao
portray a negative image to the public in Timor-Leste and
internationally. Mr. Gusmao, who said that he would not
follow the court's decision, is a bad example for the
people, by not respecting the sovereignty of the court,
especially the principle of rule of law, as regulated in
Article 1 of the Constitution of the Democratic Republic of
Timor-Leste (RDTL).?
According to HAK's perspective, in a modern democratic state
respect for law and court decisions are fundamental
principles of democratic life. The power comes from the
people (democracy), and those in power must follow the law
and not rule with force according to one's own desire. That
time has passed! In the past our leaders discovered their
power and ruled according to the capacity they had; this is
no longer acceptable. In some countries monarchies still
reign, in which kings and queens lead, such as England,
Japan, Thailand, and the Netherlands, among others. But
those kings and queens no longer have absolute authority
(power). They exercise their power according to the
constitution, and follow the decisions of the court. Thus it
is ironic indeed that Timor-Leste, which adopted a republic
(of the people), has leaders with the attitude or mentality
of the kings of old.
No one denies the Prime Minister's preoccupation with the
people's suffering. However the need to develop programs
that address people's suffering does not justify sacrificing
the important principles that do guarantee reduction of the
people's suffering now and in the future. "Just imagine! If
people do not respect the law or the court decisions now,
the AMP government's commitment to combat corruption has no
value (it does not mean anything) because the AMP government
itself will have weakened the organ that has the competency
to stop corruption," said Josè Luis.
The court is the only organ that can judge corruption cases,
not the Commission Against Corruption. There are different
kinds of corruption, from simple behavior of taking state
funds for private interests, manipulating facts to get
benefit from public resources, giving tenders without
following approved rules, to sophisticated acts such as
creating legislation contradictory to the constitution for
the benefit of private entities. Such as the decision to
establish the ESF that did not follow the constitution and
the Petroleum Fund Law that already existed. The potential
is great that the large amount of money (USD 250 million)
will not benefit the population, but will go to businesses
"privileged" to import goods. The facts reveal as fiscal
year 2008 comes to a close that prices of goods are still
high. The questions remain, what was the money spent on, and
why hasn't the public yet had any benefit? The money from
the ESF is to stabilize whose economy, the people's or the
businesses? And which businesses received funds?
We have experienced sophisticated corruption, or as they say
in Indonesia 'corrupt policies' (corruption that originates
from policy decisions) twice in Timor-Leste. The first time,
the previous Parliament issued legislation on lifetime
pensions for former members of parliament and former
government ministers. Because this law gives special
benefits for a group of people who worked without any
particular standard for only five years, they and their
families will benefit from state facilities for their whole
lives.
Josè Luis also stated that currently political leaders are
astounded by the money from the country's oil, and
consequently develop arbitrary spending policies that do not
follow legal principles nor consider the future, such as the
ESF, purchasing many cars, spending on per diems without
doing any work. The political leaders have perhaps forgotten
that at some point the oil will dry up, and at the same time
that the population is increasing.
Although Josè Luis de Oliveira is preoccupied with attitudes
which disrespect the court decision and constitution, this
is not the first time it has occurred. The leaders have
violated the constitution and disregarded court decisions
many times. For example, several years ago when the court's
Serious Crimes Panel mandated the arrest of former General
Wiranto as a suspect in serious crimes that occurred in
1999, some top leaders interfered in the implementation of
the court decision. Consequently, the mandate from RDTL's
Constitution Article 160 stating that serious crimes against
humanity must be resolved by either a national or
international court has not been followed by Timor-Leste's
leaders; on the contrary they established the Truth and
Friendship Commission with the intension of giving amnesty
to the principle authors of the 1999 serious crimes. 'such
behavior can create a bad-mannered or a 'culture' for the
country as well as contradicting the objective of the state
as regulated in Article 6 of the RDT Constitution,"
according to Josè Luis.
Josè Luis recognizes that behavior that is not in accordance
with the law or court decision is not limited to leaders of
the current government, but also the previous government.
"In 2002, when the Dili District Court decided a case
against the government in which Customs had confiscated
cigarettes, and ordered it to compensate the owner, the
Prime Minister at the time, Mr. Mari Alkatiri demonstrated
an attitude that did not respect the court decision. At that
time, Mr. Alkatiri said that the court's decision was
meaningless," Josè Luis reflected.
In reality, according Josè Luis, democracy and the principle
of rule of law in Timor-Leste faces a big challenge if only
because our leaders are still in transition from the old
mentality to the new values consecrated in our constitution.
"Our constitution is modern, but those implementing it lag
behind," said Josè Luis.
Josè Luis hopes that the people will remain vigilant and face
such experiences with good conscience and continue their
efforts to stop such negative behavior that has bad
consequences for our people and future generations. "If the
principles of law and democracy are not implemented, the
consequences for poor people and all of our children and
grandchildren will be a life of suffering and injustice,"
said Josè Luis.
Dili, 24 November 2008
For more information contact Antonio Maria Soares at HAK
Association
Mobile +670-727-1458 or email atm_soares@yahoo.com
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