The Democratic Republic of Timor-Leste (East Timor) elected its first 88-member constituent assembly in free and fair elections, held under UN supervision, in 2002. The UN Mission of Support was closed in May 2005. The President, who is head of state, is elected by for a 5-year term. The President has veto power over some legislation and appoints the leader of the majority party as the Prime Minister. The Prime Minister presides over the Cabinet.
An outbreak of violence in 2006 resulted in the UN Security Council sending in another peacekeeping force to quell the unrest. Riots in the capital, Dili, supporting 591 soldiers dismissed for deserting their barracks, deteriorated into widespread rioting. The Prime Minister was accused of arming a civilian hit squad with orders to kill his political rivals. The President and several ministers in government told the Prime Minister to resign or they would. The Prime Minister said he would resign only if the party in power, Fretilin, wanted him to do so. On June 26, 2006, the Prime Minister resigned, and his successor was appointed on July 8. As fighting between rival militias and the military subsided, Australian peacekeepers began to withdraw from the country, but more than 2000 peacekeepers and police officers will remain in the capital until elections are held at the end of 2007.
There are 23 women in the assembly, and 3 women are senior Cabinet ministers. The Prime Minister and the Minister of Defence are members of ethnic minority groups. The judiciary is independent in law and in practice. However, the legal system is said to be inconsistent in its application of law. Indonesian laws and the UN's transitional regulations are in force until a new system is developed. UN regulations supersede Indonesian law, but in some cases this principle is abandoned. All legislation and Supreme Court decisions as well as decisions of government committees must be published in the official gazette or are rendered null and void.
In 2004 the governments of Indonesia and East Timor jointly formed a Truth and Friendship Commission (TFC) to address human rights violations in East Timor in 1999. Widespread public criticism in East Timor of the TFC results from the belief that it does not address true accountability; public support is strong for an international tribunal to bring to justice those indicted of human rights crimes who are free in Indonesia. A report to the UN High Commissioner for Human Rights stated that the serious crimes process in East Timor ensured "a degree of accountability" for those responsible for the crimes committed in 1999 and that the Ad Hoc Tribunal in Indonesia was "manifestly inadequate."
The police force is reported to be poorly trained and equipped and is accused of abuse of authority and unprofessional conduct. The Serious Crimes Unit and Special Panels on Serious Crimes are responsible for securing indictments for genocide, war crimes and crimes against humanity that occurred in 1999. The Special Panels have been abolished but can be reconstituted as needed as long as they meet the requirement of comprising 2 international judges and 1 local judge.
Reports of corruption in government institutions and a lack of transparency in the procurement process are cited as being of particular concern. Customs and border officials are accused of facilitating smuggling from Indonesia. Members of the public have access to the rules governing the national budget and accounts, and the new Petroleum Fund Law provides transparency and oversight.
Freedom of speech and of the press are guaranteed in law and in practice, though government officials reportedly try to interfere with these rights. A UN executive order decriminalised defamation, but the Court of Appeals ruled that the order could not overturn the Indonesian statutes defining libel and defamation as criminal offences. A newspaper that published articles on famine deaths denied by the government was evicted from the headquarters it had occupied since 1993, and the timing suggested a political motive. When the home of a journalist was searched without a warrant, the journalist's report on the incident was followed by his arrest and detention for 24 hours. Press editorials criticise the government, but defamation suits against the media have increased. The Cabinet has amended the penal code to criminalise defamation and insults to a person's honour, but the President has not signed the amendment into law. Internet access is not restricted.
Trafficking in women and children for prostitution is reported. Police and customs officials are accused of collusion in trafficking. A working group has been established to monitor and control trafficking. An NGO assists victims of trafficking.
Foreigners are prohibited from taking part in political activities, and foreign and international NGOs are precluded from undertaking projects to promote the development of civil society, including assistance to labour unions. The government can prohibit foreigners from holding conferences that it believes will jeopardise the interests of the country. An exception is made for bilateral or multilateral assistance programmes to train or strengthen democratic institutions that are strictly academic in nature.
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