We liberated the country... ...now we liberate the people of East Timor

News

CNRT Calls for Judiciary Review

Dili – 27th June 2007

With parliamentary elections looming on Saturday 30th June, CNRT today announced plans to commit the necessary resources to overhaul East Timor’s ineffective judicial system, left weakened by five years of Fretilin administration. Extensive personnel shortages, a major backlog of cases, and a lack of legal capacity have led to inconsistent law enforcement. This has prevented the judicial system from effectively serving the legal needs of the citizens of East Timor, and prevented the development of the rule of law.

The UN commissioned  2006 Special Commission of Inquiry (COI) found East Timor to have ‘a minimally functioning judicial system’. The same report also warned of a ‘lack of public confidence in the impartiality of the investigation and prosecution process’. Both are indications that the previous government has failed to deliver the appropriate support and resources to the judicial system.

Widespread changes are required throughout the judiciary, as the process of enforcing law and order in East Timor progresses.

Regarding the issues of corruption and review of administrative actions of government, it is necessary to clarify, and in some cases redefine, the responsibilities of important roles such as the Inspector General, the Provedor. In order to foster transparency and accountability within the government, both the Inspector General and the Provedor must be given absolute authority and independence to work of their own volition in the best interests of the people.

Other fundamental elements of East Timor’s constitution that have been largely ignored by Fretilin will be recognised by CNRT immediately. The enforcement of anti-corruption legislation and the creation of an effective witness protection program are both urgent priorities of CNRT. There is no excuse for the progress of the East Timorese people to be hindered by the existence of corruption within the government. Moving forward, the people of East Timor should feel confident that under CNRT control, the government will serve the interests of the people, not its own.

The 2006 U.S. State Department’s human rights report on East Timor summarized the judicial situation in East Timor by saying, ‘Even under normal circumstances, access to justice was noticeably constrained’. It was the master of understatement and this is yet another damning indictment that confirms the unacceptable failures of Fretilin in the last five years.

The inabilities of the judicial system to date will require a comprehensive review of the police investigative processes, and their involvement in the legal system, the enforcement of penal codes, and of the court system. To facilitate the process of delivering justice to the people of East Timor, CNRT will move to establish a significant number of legal scholarships that would allow citizens to eventually take full control of their judicial system. Likewise, CNRT intends to provide enhanced judicial training to all judicial and court actors so as to begin to reverse the personnel shortages that have plagued East Timor’s judicial system in recent years.

The judicial system must also be able to respond to civil law matters, that gives the private sector access to the judicial resolution of disputes, thus giving certainty, one of the rule of law precepts.  It is equally essential for the government and CNRT will do this, to introduce corporate regulation and the necessary implementation mechanisms as well.  Alternative dispute resolution is recognised in the Constitution and to this end to foster the development of the commercial sector, thus stimulating economic growth, CNRT will introduce commercial arbitration in line with UNCITRAL principles.
Without these measures the young nation will inevitably face the cronyism, nepotism and development of monopolies, that have grown up under the current Fretilin administration.

Ends.

For Further Information
CNRT Media Contact
T: +670 735 8696
E: cnrt.media@gmail.com
W: www.cnrt-timor.org

Latest news

Archive