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East Timor News Digest 12 – December 1-31, 2012

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UNMIT/ISF

UN mission leaves East Timor 13 years after vote

Associated Press - December 31, 2012

Dili – The United Nations ended its peacekeeping mission in East Timor on Monday, leaving the country without any direct security assistance for the first time since a spasm of political and ethnic violence in 2006 almost overwhelmed its shaky, post-independence government.

In recent weeks, the last of a force of 1,600 police and military officers from countries around the world have been leaving the country ahead of the formal end of the deployment, which is a significant milestone in the country's journey following its independence from Indonesia in 1999.

The United Nations and other foreign development organizations will remain in the country supporting its development for years to come. It has oil and gas-reserves, but these are not creating the employment opportunities needed for a country of 1.2 million, more than 60 percent of whom are under 18. The education system is not supporting the development of people with the skills needed to change this.

"The East Timorese people and its leaders have shown courage and unswerving resolve to overcome great challenges," said Finn Reske-Nielsen, the head of the mission. "As peacekeepers depart, we look forward to a new phase in this relationship focusing on social and economic development."

The United Nations organized the 1999 referendum that resulted in an overwhelming vote for independence but also violence and destruction by withdrawing Indonesian troops and their militia proxies. The world body directly administered the country until 2002, when it formally became a nation.

A UN security mission was established to help the country's barely existing state and security institutions. That mission ended in 2005. But the violence and political turmoil in 2006, which included an assassination attempt on the president by a former rebel, led to a new peacekeeping presence. Much of the U.N's work has been focused on training the country's own police and army, and security conditions have now improved.

"It is an emotional moment to say goodbye to them and we are hoping that they can assemble with their families after months and years on their mission in East Timor," East Timor Police deputy commissioner Afonso de Jesus said Saturday. "Like it or not, the East Timor national police is ready to assume our responsibility."

President Taur Matan Ruak mentioned the end of the UN mission in his New Year's Eve message to the nation, saying the country now enjoyed peace and stability.

UN mission ends operations as Timor continues on path to 'brighter' future

UN News Service - December 31, 2012

New York – The United Nations peacekeeping mission in Timor-Leste today ended its operations, in line with the expiration of its mandate and amidst significant progress made in establishing peace and security in the country.

"The East Timorese people and its leaders have shown courage and unswerving resolve to overcome great challenges. Although there remains much work ahead, this is an historic moment in recognising the progress already made," the Secretary-General's Acting Special Representative and Head of the UN Integrated Mission in Timor-Leste (UNMIT), Finn Reske-Nielsen, said in a news release.

The south-east Asian nation has endured a long and often violent journey towards independence and democracy since it formally broke away from Indonesia in 2002, and since it first appeared on the agenda of the UN Security Council 37 years ago.

Following another outbreak of deadly fighting in 2006, the UN Security Council established UNMIT – itt replaced earlier peacekeeping and political missions there, and provided interim law enforcement and public security until Timor-Leste's national police could be reconstituted and resume its roles.

Since then, the country has progressed on the path to democracy. This year, Timor-Leste celebrated the 10th anniversary of its independence, elected a new president and held parliamentary elections, which were largely peaceful and held in an orderly manner – and which prompted UNMIT's expected and definiitive withdrawal.

On a visit to Timor-Leste in August, Secretary-General Ban Ki-moon praised its people for the progress they have made since the restoration of independence, and commended the Government for consolidating a security sector that will be able to protect the country following UNMIT's departure. At a recent meeting on Timor-Leste, the members of the Security Council applauded the "remarkable achievements" made by the small nation throughout its transition over the past decade.

"When I first came to Timor-Leste in 1999, the country was ravaged by fighting and political upheaval and shaken by displacement and suffering," Mr. Reske-Nielsen noted in his remarks. "It has been a privilege to follow Timor-Leste's path out of those difficult times, towards peace, stability and a brighter, safer future."

The UN official observed that despite the progress challenges still remain, and even though UNMIT is closing, the world body will continue its partnership with Timor-Leste.

"As peacekeepers depart, we look forward to a new phase in this relationship focusing on social and economic development," he said.

Most of UNMIT's staff has left Timor-Leste. A small team will remain into the first months of 2013 to complete any remaining tasks, including liquidation. Mr. Reske-Nielsen will serve as the UN Resident Coordinator and Head of the UNMIT liquidation team until 31 March 2013.

East Timor bids farewell to peacekeepers after 13 years

Agence France Presse - December 31, 2012

Gianrigo Marletta – The UN ends its peacekeeping mission in East Timor after 13 years in Asia's youngest nation following a bloody transition to independence as the country faces the challenge of tackling rampant poverty.

UN forces first entered the territory around the vote for independence from Indonesia in 1999 that gave way to political unrest and bloodshed, and around 1,500 peacekeepers were based there since.

The final batch of troops and logistics staff left in the morning as the mission prepared to take down its flag, departing from a country struggling with widespread malnutrition and maternal mortality rates among the world's worst.

Calm has been restored to the half-island nation of 1.1 million, and leaders said they were excited about their nation's new direction despite the many problems that lie ahead for the fragile democracy, officially called Timor-Leste.

"In the end we have to say goodbye to the UN with... high appreciation for what they have been doing in Timor-Leste," Deputy Prime Minister Fernando La Sama de Araujo told AFP at end-of-year festivities outside the government palace Sunday night.

He said East Timor would first focus on improving schools, hospitals and human resources in the public sector.

"But we're optimistic that in 10 years, coming together with many friends around the world including UN agencies for development, we can overcome these challenges," he said, as a jovial Prime Minister Xanana Gusmao entertained with hundreds of children.

The government plans to fuel development from the country's significant but depleting offshore oil and gas reserves that critics say benefit urban Timorese more than the regional poor.

The streets in the capital Dili, once dominated by UN four-wheel drives, have returned to a sleepy pace with rickety yellow taxis moseying along the streets for a $2 flat-rate fare.

"I usually drive my taxi until midnight. I'm not scared anymore because there hasn't been any conflict, like there was years ago," Angelo Ulan, 25, told AFP, welcoming the UN's end of mission. "Now we must unite to achieve prosperity and develop our country. I hope out leaders are united."

The UN has expressed faith in the national police force, which resumed responsibility for security in October, though observers show concern for the long term.

International Crisis Group analyst Cillian Nolan said the government's method of paying cash handouts to ensure peace and making stern but empty threats had undermined real long-term police reform.

Prime Minister Gusmao in November was filmed by a reporter warning: "Once the UN are gone... if you continue to hurl (stones) at one another, I will arrest you and not give you any food."

In a recent blog post, Nolan described these tactics as "trickery", saying "the trick will not last forever. And then what?".

"What we'll probably see after the UN withdrawal is an unorthodox approach to policing," Nolan told AFP. "We'll likely see some strong-arm tactics to ensure public order, and they'll be looking for non-policing ways to strengthen what is still a relatively weak police force."

The current UN mission was established in 2006, when a mass desertion among the armed forces prompted fighting between military factions and police, and street violence left at least 37 people dead and tens of thousands displaced. The final day of the mission has been mostly administrative.

Despite new challenges, East Timor will celebrate the new year with several notches on its belt from 2012: it marked a decade of formal independence and held largely-peaceful elections, voting in a new president and parliament.

"This is a historic day, because on the 31st of December at midnight, UN peacekeeping missions will finish in Timor-Leste, and this is after more than 13 years of such UN involvement," UN mission chief Finn Reske-Nielsen told AFP.

"Timor Leste has now reached a stage in its development, politically and developmentally, where it can in fact stand on its own feet."

The UN-administered referendum in 1999 ended Indonesia's brutal 24-year occupation, in which around 183,000 people – then a quarter of the population – died from fighting, starvation or disease.

The global body oversaw East Timor until 2002, when an independent government took over. The only major violence since 2006 was a failed assassination attempt on then-president Jose Ramos-Horta in 2008.

UN 'liquidation team' a sign of success for East Timor

Agence France Presse - December 30, 2012

A UN "liquidation team" will take over in East Timor on Monday from peacekeepers who put a lid on deadly unrest in the tiny nation marking a first decade of turbulent existence.

That would instill fear in most countries where UN missions are sent. This team will however be dismantling the UN presence after the global body claims a rare success.

East Timor is calm again after its people realized they were close to pressing the self-destruct button, according to a top UN official who led much of the peacekeeping operation after the country sought international help in 2006.

Troops sent by Australia and New Zealand have all gone home and only a handful of UN police will be left when the flag comes down in Dili.

"As of Monday, the liquidation team will be there. They are the ones who are unscrewing all the light bulbs," Haq said while acknowledging that the crisis could have been worse.

The UN played a key role in the birth of East Timor, officially known as Timor Leste. It organized the 1999 referendum that ended 24 years of Indonesian occupation in which an estimated 183,000 people died through conflict, starvation or disease. It helped run East Timor until 2002 when an independent government took over.

For many Timorese leaders it was a national humiliation to seek UN help in 2006 when soldiers sacked from the army launched a mutiny which sparked factional violence that left dozens dead and 150,000 in makeshift camps.

"You don't want to say that a country learned by crisis," said Haq, but in this case there was "good benefit" from the East Timorese seeing in a few days the burning, looting and destruction threatening all they had built in the past seven years. "They just saw it collapse before their eyes and it was like: we did this to ourselves". "It was a watershed moment in their experience," said Haq.

The United Nations was able to make an impact because it was the East Timor government which asked for help and working in a country the size of Timor was not like bringing peace to Sudan or Democratic Republic of Congo.

"In Timor, everything happened as it should," Haq said. "We had great access to the leadership, we had complete freedom of movement within the country."

The country has now had two relatively calm presidential elections, the 3,000 strong police force has been retrained district-by-district and the judiciary reformed.

Haq said she had seen political tensions boil up again. There were times when she would tell political leaders to "tone down the rhetoric."

"They would always tell me: 'We all struggled together, we all saw what happened in 2006.' They always assured me they would always stop short of the trigger. I learned to have confidence in that."

The big powers are now taking a more intense look at East Timor, which has significant oil and gas reserves even though it remains one of the most impoverished countries.

US Secretary of State Hillary Clinton visited in September, China built the presidential palace and military headquarters. Brazil is also a key source of aid, while Cuba has trained hundreds of Timorese doctors.

Haq said East Timor knows that it must now concentrate on lifting the half of the 1.1 million population living below the poverty line. With the country's oil-based sovereign wealth fund now above $11 billion it has resources.

Silas Everett of the Asia Foundation said the government has to work harder on improving the business environment.

"Like other poor, newly democratic, oil-dependent nations, Timor-Leste's development dreams are likely to be increasingly interrupted by instances of corruption, largess, and inefficiency in its institutions for some time," he said in a recent commentary.

"It is these very institutions, abiding by and upholding the rule of law, that are needed to turn petro-dollars into broad based economic growth for the benefit of all rather than for a few powerful elite," he said.

A new chapter in East Timor's independence

Deutsche Welle - December 28, 2012

With the UN giving up its peacekeeping mission in East Timor at the end of this year, 2013 will open up a whole new chapter in the history of the tiny island nation's independence.

East Timor, also called Timor-Leste, has always been considered one of the UN's success stories. Beginning with its support for a popular referendum in 1999, the UN applauded its following independence. Now, the last UN peacekeeping mission is packing up, with its mandate officially ending on December 31 this year.

"Over the past three or four months we have been releasing up to 3,000 UN peacekeepers – both national and international staff. This included the release of about 12 hundred UN police officers who have been serving here since 2006," Finn Reske-Nielsen, Acting Special Representative of the Secretary General for Timor-Leste and Head of the United Nations Integrated Mission in Timor-Leste (UNMIT), told DW.

Starting over from scratch

Reske-Nielsen's first assignment in East Timor was in 1999. The Indonesian military had left the half island in a shambles; after 28 years of occupation, the island had to start from scratch.

Juvinal Dias, a member of La'o Hamutuk, a Development Monitoring and Analysis Institute based in Dili, is highly appreciative of the UN's effort. "The UN successfully executed a referendum which gave the East Timorese people a chance to choose independence," he said.

"That is an outstanding effort which we extremely appreciate. The UN, through several of its missions, has also helped create the institutional foundations of the country."

Dias worries that after the UN pull out, the country will be forgotten by the international community.

In the last 13 years, the UN has assigned five missions to the island nation with a short break in 2005, when peacekeepers were withdrawn. This period did not last long. Social tensions within East Timor's new military ignited violent conflict which drove an estimated 21,000 Dili residents to flee the capital. The political crisis forced 1996 Nobel Peace Prize laureate, Jose Ramos-Horta, who was then the foreign minister, to send out an official request for military assistance late May that year.

Rethinking transition

The development emphasized the hazards in leaving such a young nation too early. In a report to the UN Security Council, then UN Secretary General Kofi Annan appealed for a better method of transition. He warned that a premature departure could endanger the nation's stability. He clearly stated the need to continue to support Timorese institution-building, so as to protect the gains already made. The UN accepted, turning over the previous council decision for a final extension until May 2005.

UNMIT was born out of those needs. Set up in 2006, its mandate translated into a large UN police component of more than 1,600 officers from 41 countries, and nearly 2,000 Timorese and international civilian personnel. Finn Reske-Nielsen said there had been enormous progress since then. Furthermore, government institutions, parliament and the judiciary were continuously strengthening their capacity to handle their respective fields.

No peace, no development

The East Timor national police, PNTL, is one of the many institutions that play an important role in development. Since March 2011, the PNTL has taken full responsibility in maintaining public safety and security, while the UNMIT police has provided operational and capacity building support only.

2012 has been a big year for East Timor. On May 20, it celebrated its 10th anniversary of independence. It also went through a presidential and a parliamentary election, with former army chief Jose Maria Vasconcelos, popularly known as Taur Matan Ruak, voted in as President, replacing Jose Ramos Horta.

According to Reske-Nielsen, the UN's departure on December 31 doesn't mean that East Timor will be left on its own. A strong UN presence will still exist through various technical agencies and also through continued bilateral and other multilateral technical support.

For the country's population of slightly over one million, the year 2013 will open a new chapter of independence.

East Timor facing challenges as UN leaves

Australian Associated Press - December 28, 2012

Raimundos Oki – The UN ends its peacekeeping mission on Monday after 13 years in Asia's youngest nation East Timor, with the country still hoping to overcome its bloody past and rampant poverty.

East Timor this year held largely peaceful elections, voting in a new president and parliament, as the country marked a decade of formal independence and paved the way for the foreign forces to leave.

But as the last remaining UN police and troops depart, the fragile democracy is still struggling with widespread malnutrition, high unemployment and maternal mortality rates among the worst in the world.

East Timor was occupied by Indonesia for 24 years, with about 183,000 people dying from fighting, disease and starvation before the half-island state voted for independence in 1999 in a bloody referendum, prompting the first UN mission.

There is little concern about violence in the immediate future, yet few employment opportunities, crushing poverty and a rapidly expanding population could threaten peace in the long term, analysts say.

"There's always in this situation the potential for something serious to go wrong," Professor George Quinn from the Australian National University College of Asia and the Pacific told AFP.

More than 40 per cent of young Timorese are jobless, according to AusAID, and although the predominantly Catholic nation has a small population, the fertility rate of 6.5 per woman is the world's fourth-highest, UN data shows.

Despite $US1.5 billion ($A1.45 billion) of aid pouring into the nation of 1.1 million people in a decade and abundant offshore oil and gas reserves, about 41 per cent of the population live on less than the local poverty line of 88 US cents a day.

In the capital Dili, barefoot children eat scraps from the ground in slums and vendors make a pittance at fruit and vegetable markets.

World Bank data from 2010 showed 45.3 per cent of children under five were malnourished, up from 40.6 per cent in 2002. On the UN's human development index, East Timor ranks 147th out of 187 nations, below Pakistan and Bangladesh, and well below the regional average.

East Timor's economy has also become visibly two-tier since 1999 – some are raking in US dollars from government infrastructure projects in urban areas, while the majority are subsistence farmers in far-flung villages.

Prime Minister Xanana Gusmao insisted after his July re-election that energy revenue would transform East Timor "from being an undeveloped, low- income country by 2030, by making use of all our material and human potential".

While the country's Petroleum Fund has swollen to $US10.5 billion and makes up between 80 to 90 per cent of government revenue, critics point out the reserves are fast falling as they call for diversification of the economy.

Rural Timorese also complain the money has not changed their lives. "East Timor has always had a problem with properly disbursing its income, and that problem still persists," Professor Quinn said.

Despite East Timor's problems, the departure of the remaining UN forces – which numbered 1600 at the mission's peak – underscores the progress the country has made.

The withdrawal has been welcomed by most, especially leaders who insisted the country was able to handle its own security well before responsibility was handed back to national police in October.

Australia police withdraw from East Timor

Agence France Presse - December 15, 2012

Dili – Australia withdrew its last remaining police officers from East Timor Saturday as international forces wind up a 13-year presence in Asia's youngest nation, where thousands have died in political turmoil.

The eight Australian officers serving with the UN Police boarded a Darwin- bound plane from the capital Dili as the United Nations prepares to officially end its peacekeeping mission by Dec. 31.

International forces began pulling out in earnest in October, when the UN handed policing responsibility back to the nation which recently celebrated a decade of formal independence that ended Indonesia's 24-year brutal occupation.

Australian police commander for the mission Charmaine Quade expressed confidence East Timor could handle its own security after successful national elections this year and the formation of a new government.

"Australian police have been there to contribute to the enhancement and professionalization of thEast Timor-Leste police, and the competence the national police here have shown is testament to how far they've come," she said.

The move comes after the Australian-led International Stabilization Force (ISF) ceased its security operations in November and began pulling out some of its 390 troops from the country.

Australia has stationed 50 police at a time in East Timor under the UN since 2006, with 33 deployed this year under a bilateral capacity-building programme.

International peacekeepers first entered the country in 1999 as deadly violence erupted around the country's referendum for independence.

The vote ended Indonesia's occupation, under which an estimated 183,000 people – then a quarter of the population – died from fighting, disease and starvation.

The only major violence in the impoverished half-island nation of 1.1 million people since has been a failed assassination attempt against then – president Jose Ramos-Horta and Prime Minister Xanana Gusmao in 2008.

Quade said the last batch of Australian police to leave East Timor, also known as Timor-Leste, were "looking forward to being reunited with their loved ones."

"They've been able to fully focus on their roles and duties here with the UN because they've had that support and understanding at home."

Human rights & justice

ANTI demands trials for crimes committed in Timor-Leste's past

The Dili Weekly - December 21, 2012

The national Timorese Alliance for an International Court (ANTI) and Amnesty International demand the United Nations (UN) together the International Court (IC) bring justice to authors of serious crimes committed in Timor-Leste in the past and guarantee the issue is placed in the agenda of UN Security Council.

"We reiterate our demands to the Governments of Timor-Leste and Indonesia, to account for and ensure justice and address human rights violations which were committed between 1975 and 1999," said Gregorio Saldanha, President of the November 12 Committee at the Santa Cruz Cemetery in Dili.

Homicide, kidnapping and sexual violence and violence against women were some of the atrocities committed during this period according to him. These are considered internationally as crimes against humanity.

"Yet to date no one, neither Timor-Leste nor Indonesia, no one has been brought before the courts for committing these crimes. There are more than 300 people who stand accused of human rights violations and crimes against humanity who have not been brought to justice. Some are living freely in Indonesia," said Saldanha.

He also demanded both governments ratify the International Convention on Forced Disappearances and steps are taken to implement recommendations from the Commission for Truth and Friendship (CVA) on missing persons.

In response, Vice-Prime Minister Fernando Lasama de Araujo said it would take a long time. "I believe we must continue discussions on the issue, we're not talking about an abstract issue," said the Vice Prime Minister.

He added the Government is showing some effort and it depends on its stance, however he assured the issue would not die down. "Perhaps Indonesia will spare some time to cooperate with the Government of Timor-Leste to resolve this issue," said the Vice Prime Minister.

Three militia jailed for 6 years, BMP commander militia jailed for 16 years

Jornal Independente - December 18, 2012

Three former militia members and a former commander of the Besi Merah Putih (BMP: "Red White Iron in Indonesian) were imprisoned by the Dili District Court for between six and sixteen years.

The trial for this case was held on 11 December this year in the Dili District Court.

The former accused militia included Faustino Filipe de Carvalho who was jailed for six years imprisonment for crimes committed in 1999 whilst he was the Village Chief of Ulmera and commander of the BMP of illegally deporting civilians from Suku of Ulmera to West Timor, in Indonesia, as well as the illegal detention of women and children from Ulmera.

The accused Miguel Soares (an active militia member from Besiten) was sentenced to 9 years imprisonment for the crime of homicide of a civilian named Francisco Bras.

In the meantime, the accused Salvador de Jesus (Commamder of the Besi Merah Putih in Kasait) was imprisoned for 16 years after it was proved to the court that he had committed the crime of homicide of Felix Barreto and Francisco Bras.

The sentence was read by the judicial panel composed ofB Dr. Ana Paula Fonseca, Dr. Antonio Gomes and Dr. Antonio Quantes, whilst Dr. Jose Landim was the prosecutor and Dr. Jose da Silva was the public defender.

Government must ratify missing persons convention

Dili Weekly - December 12, 2012

Despite the large number of people who disappeared during the 24-year Indonsesian occupation, Timor-Leste has not ratified the Missing Persons Convention unlike other nations like Malaysia, Korea, Japan and Indonesia itself.

"We are continuing this battle and we have sent a letter to the President of the Republic stating the ways in which the government can ratify this convention," said Manuel Monteiro Fernandes, Human Rights Education Manager for the HAK Association, (04/12), in Farol, Dili.

HAK has asked Timor-Leste and Indonesia to put to trial those who committed crimes against humanity for the period between 1975 and 1999 at an international court.

"It may take long however we have not lost hope one day these criminals will be trialed by an international court. The Truth and Friendship Commission has recommended these two countries take these criminals to an international court," said Mr Fernandes.

That is why the Timor-Leste government must ratify the Missing Peoples Convention.

"I believe the State of Timor-Leste is obliged to continue looking for people who went missing during war and the Indonesian occupation. Most important is the need for legislation so we can complete our Constitution," MP Aniceto Guterres Lopes.

Relatives of victims who disappeared in 1985 have also asked the government to find the whereabouts of victims as to date no one seems to know where they went.

"My own brother was taken in 1985 by the Indonesian military, and we don't know where he is, whether he is dead or alive, so we ask the Indonesian and Timorese Governments to search for and try those responsible in court," said Albina Marcal from Lospalos.

Journalists who tried to contact President Taur Matan Ruak were told he would not comment on this issue to the media.

"We apologize, our President must leave for a meeting elsewhere so we again apologize for not being able to meet your demands," said Jose Luis Guterres, Minister for Foreign Affairs, accompanying the President to the International Conference on The Fight Against Trafficking of Women, Pantai Kelapa, Dili.

Health & education

Mobile messages to help East Timor's mothers

ABC News - December 10, 2012

A new health project in East Timor is hoping to harness the power of the mobile phone to promote better infant and maternal health.

East Timor has one of the world's highest rates of maternal and infant deaths. Beth Elson, from Health Alliance International, has told Radio Australia's Connect Asia program Liga Inan, or Mobile Mums, is designed to reach pregnant women and new mothers with information about health and wellbeing.

"They haven't been tried in Timor-Leste (East Timor), but they have been tried in other countries with some success," she said.

"We discovered through our household survey that mobile phone ownership is rapidly increasing, so we thought this could be the perfect opportunity to combine traditional approaches to improve health outcomes with an innovative one using mobile phones."

Ms Elson says the program hopes to make it easier to communicate with pregnant women living in remote areas, and give them time to plan if they need to seek medical help.

"One of the key barriers in Timor is accessing health services – although it's a small nation, it's actually very mountainous and so a lot people live in very remote parts, and one of the difficulties is 'how do they get to the health facilities?'," she said.

"So some of these messages are reminders throughout the pregnancy... about the things they can do in terms of [arranging] transport or who's going to look after their other children."

The NGO says East Timor currently has 97 per cent mobile phone coverage, and two new operators are expected to enter the market in January, bringing coverage up to 100 per cent. Ms Elson says one of the other possible issues – a low-level of literacy – has actually turned out not to be a barrier.

"In Manufahi district, 73 per cent of women reported that they can read Tetum... we asked [the others] was there somebody in their family that could actually read the message to them and 100 per cent of people said either a husband, family member or one of their children.

"For us, that's a really powerful positive component of mobile phone messages, because the messages are not just for the pregnant woman – they're designed for other decision-makers in the house, and culturally in Timor it's often the husband or the mother-in-law. So the more people in the household reading those messages, the better."

Graft & corruption

Former justice minister Lucia Lobato to go to jail for 5 years

East Timor Law and Justice Bulletin - December 14, 2012

In a landmark decision that will strike a blow against rampant corruption, the East Timor Court of Appeal has dismissed former Justice Minister Lucia Lobato's appeal against her conviction for corruption and abuse of power while in office.

According to an English translation of a report in the leading daily newspaper, Suara Timor Lorosae, yesterday (13/12/2012) not only did the Court of Appeal uphold the decision of the Dili District Court regarding the conviction, it also increased the original sentence from 3 and a half years to five years (although earlier reports had stated that the original sentence was 5 years).

The Dili District Court found the former Justice Minister guilty of corruption in the administration of a government project tender that cost the state $97,350.

Ms Lobato was a member of the Social Democratic Party in the IV Constitutional Government (the Parliamentary Majority Alliance) headed by resistance leader and Prime Minister, Xanana Gusmao. The Social Democratic Party was wiped off the political scene in East Timor in the 2012 legislative election.

When the press released the allegations of corruption, she filed court proceedings against the newspaper allegeing that she had been defamed. Ms Lobato is a qualified lawyer. Her full name is Lucia Maria Brandao Freitas Lobato and she was born on 7 November 1965 in Likisia.

Policy & governance

East Timor's 2013 State Budget moves toward sanity

La'o Hamutuk - December 18, 2012

This week, Timor-Leste's Government will send its proposed General State Budget for 2013 to Parliament for approval. La'o Hamutuk appreciates that Timor-Leste will no longer have the second-fastest-growing state budget in the world. The appropriations in the new budget are more consistent with Timor-Leste's limited oil and gas reserves. As we await the Budget Books which will contains the details, we examine the overall picture.

The Government just issued a press release summarizing the Council of Ministers meeting which approved the 2013 Budget, which appropriates $1,798 million, as follows:

- $160.3 million for Salaries and Wages - $461.7 million for Goods and Services (including $42.4 million through the Human Capital Development Fund, $8.5 million of which is carried over from 2012) - $236.5 million for Public Transfers - $47.2 million for Minor Capital - $891.9 million for Development Capital (including $752.9 million through the Infrastructure Fund, $444.4 million of which is carried over from 2012).

New appropriations and loans add up to $1.34 million, a significant and welcome moderation of rapid budget escalation.

The total size of the 2013 budget will be $1.8 billion, about the same as the final rectified 2012 budget. Executed expenditures during 2012 will probably be less than $1.4 billion, so spending in 2013 is still a significant increase.

The biggest change is on the revenue side. Instead of withdrawing $1.5 billion from the Petroleum Fund as was done in 2012, the 2013 budget may only withdraw $1.1 billion. This is almost 5% of Timor-Leste's anticipated petroleum wealth, and is still more than the 3% Estimated Sustainable Income, although it is less unsustainable than the 6.7% the Government withdrew from the Petroleum Fund during 2012. La'o Hamutuk appreciates this move in the direction of fiscal responsibility, and we hope it will continue.

The remainder of the non-oil "budget gap" will be filled with $453 million carried over from unspent money in the Infrastructure and Human Capital Development Funds at the end of 2012. The Infrastructure Fund began operation in 2011 and had $132 million left at the end of that year, which was carried over to 2012. During 2012, the Government appropriated $707 million more for the Fund to finance ambitious, multi-year, megaprojects. However, only about 14% of the non-electricity Infrastructure Fund allocations for 2012 had been spent by mid-December, with another 25% committed or obligated.

On the expenditure side of the 2013 State Budget, salaries and purchases of goods and services will go up significantly compared with 2012. Public transfers (pensions, veterans' benefits, etc.) were recently increased in the October budget rectification and will continue at this higher level. Capital expenditures will shrink, perhaps in recognition that some of the most unrealistic proposed projects will not benefit Timor-Leste or are impossible to implement on ambitious schedules.

As we celebrate the shift toward fiscal realism, we await more information in the next few days. Follow La'o Hamutuk's web page on the 2013 budget for updates, analysis and documents.

[Adapted from http://laohamutuk.blogspot.com/2012/12/2013-state-budget- moves-toward-sanity.html, which includes graphics and links.]

Legislation & parliament

Parliament considers making prostitution illegal

The Dili Weekly - December 21, 2012

The National Parliament of Timor-Leste is considering drafting legislation criminalizing prostitution in efforts to control the prostitution industry amidst concerns it is flourishing in the country.

"I believe in order for parliament and the government to criminalise prostitution, then it is up to them to create the appropriate legislation, as was the case of the penal code and anti-abortion legislation. Parliament was responsible for it. Hence with prostitution, they must do the same," said MP Carmelita Moniz, in parliament.

"However, parliament alone cannot do anything, there must be collaboration as both civil society and Government view prostitution in a negative way, so, they must criminalize it," said the President of Parliamentary Commission A.

She added according to the current law, prostitution is not illegal and we can criminalize those who facilitate prostitution however the reality is the activity continues to flourish on public spaces, due to the lack of control by the Police's immigration department who are not controlling visitors visas to Timor-Leste.

The continuing spread of prostitution amongst the community is of grave concern to its members who believe it will negatively affect children's future.

"I don't know what the Government is thinking, but people must take necessary action to discourage prostitution in their midst. They should not let these people go unnoticed, instead they should be coming forward with information so together we can combat this activity," said resident Fernanda Lay, who lives near one of these establishments in Dili.

According to her, people using prostitution services come from all sectors of society, including some leaders.

Prostitution is an issue of grave concern for the Women in Parliament Group (GPMTL), as it is one of the ways of spreading HIV/AIDS which impacts directly on the dignity of Timorese women, undermining their role and dignity attained after 24 years of hard fought war alongside their male counterparts.

Criminal justice & prison system

Timor Leste: 21 children being held in adult prisons

Dili Weekly - December 12, 2012

Young prisoners and adults are held in the same prison but PRADET says this will impact their mental health.

At least 21 minors are being held in adult prisons because the country lacks correctional facilities for minors despit East Timor-Leste being a signatory to the Convention for the Rights of the Child, which protects people under 18 year olds,

"That is correct, we have underage prisoners serving sentences alongside adult criminal in prisons. According to international law this is not right and even though they were being kept separate from the adult prisoner population this is still not acceptable because the should be in separate facilities," said the Commissioner for the Protection of the Rights of the Child, Adalgisa M. S. Ximenes, (04/12), from her office in Colmera, Dili.

She added the efforts of the National Commission for the Rights of the Childn (KNDL) and their civil society partners on this matter have had some positive response from the government and it plans as part of the Fifth Constitutional Government's Strategic Plan to establish a Education and Detention Centre for minors who commit crimes so they can be rehabilitated through education.

Commissioner Ximenes said the rights of children are being violated but a process is ongoing to ensure the articles of the signed Conventions are fulfilled. She said the State is looking into these issues but more effort is required from everyone to improve the conditions of Timorese children.

Meanwhile the Coordinator for the Drugs and Alcohol Program (PDAJJ) of the Psychosocial Recovery And Development In East Timor (PRADET) NGO, Luisa Marcal de Jesus, said this reality is unacceptable and even thought the children are being kept in separate cells this will still impact on their physical and mental health because during recreational hours they are together with the adult population and there is much pressure in such a environment. She urges the government to look into their matter.

"This is our reality and we are following this issue but separate juvenile detention facilities must be built," said the Coordinator of the PDAJJ.

PRADET works with the young prisoners and gives them access to non-formal education and supports them with knowledge on how to manage their stress and depression whilst in prison and the impact of drugs for their health. PRADET is also committed to supporting them when they are released from jail and their reintegration into society. PRADET works alongside the government's department of mental health.

Armed forces & defense

Many F-FDTL members are directly involved in violence

Dili Weekly - December 11, 2012

According to data from conflict monitoring NGO Belun, in 2012 some 15 member of Timor-Leste's armed forces (F-FDTL) were involved in violent action in the community across nine Districts.

"These violent incidents took place in the Districts of Dili, Bobonaro, Covalima, Oe-Cusse, Ermera, Liquisa, Viqueque, and Manufahi," said Belun's Program Manager Marilia Oliveira da Costa, from her office in Farol, Dili (03/11).

She said in Dili on 18 February 2012, in the village of Lao Rai, in Kuluhun, a member of the F-FDTL and another youth physically attacked another youth after the F-FDTL member's motorcycle hit the youth.

"The young man was injured. The case was referred to the police and other agencies. On 10 March 2012 in the village of Oplegul, in Holsa, in the Sub-District of Maliana, after an unknown group three rocks against an EDTL [Electricity of Timor-Leste] vehicle, the EDTL staff requested help to the border post of F-FDTL in Tunibibi.

By the time an F-FDTL deployment arrived at the scene the perpetrators had left. Another three youths, drunk, was in the area complaining about power cuts. The F-FDTL members descended upon the three youths and bashed them resulting in injuries for the youth. The police are still investigating this case," said the Project Manager.

In another case on 1 April 2012 at 10:00 in the evening in the village of Fatukoan, in Holpilat, in the Sub-District of Maucatar, in the District of Covalima, a member of the F-FDTL punched a youth in the mouth breaking his teeth.

According to sources this case took place after the Police Commander of Covalima District telephoned the F-FDTL to ask to capture a group allegedly involved in confrontations on 1 April 2012 in the village of Akar Laran, in Suai Loro, in the sub district of Suai Vila, Manufahi Covalima. The F-FDTL rather than capturing those involved in the conflict went directly to the victim's home and assaulted him.

Meanwhile Member of Parliament (MP) Camelita Moniz said these actions are criminal and regardless of being F-FDTL committing these crimes, the actions are still punishable.

"Regardless of being F-FDTL or individuals or groups, whoever commits a crime, or does any violation, must be prosecuted by law. There are legal processes in place. If they commit a crime then there are administrative procedures in place within their onw institution, but these cannot interfere with the judicial procedures," said MP Moniz, at the National Parliament, Dili (04/11).

According to the MP the F-FDTL is the fence for the nation so when it commits violations this makes the people afraid. "The F-FDTL are the people's spirit, they hold the trust of the people, they provide security to all, for example the F-FDTL's presence should make us feel safe," added the MP.

Foreign affairs & trade

Australian Foreign Minister thinks East Timor ready to stand alone

ABC Radio Australia - December 14, 2012

Australia's Foreign Minister Bob Carr is in East Timor on a two day visit, meeting senior leaders including President Taur Matan Ruak and Prime Minister Xanana Gusmao.

The visit comes as Australia prepares to withdraw the last of its troops from the small half-island nation – more than a decade after East Timor's independence from Indonesia.

Presenter: Liam Cochrane

Speaker: Senator Bob Carr, Australian Foreign Minister

Carr: I've been struck by how relaxed the leadership is about the wind down of our forces and they understand as we do that it's a matter of moving to a new relationship or a relationship that's going to be governed by a defence cooperation program, by assistance with policing, but without that presence that has been a feature of the last ten years.

The draw down of the Australian-led international stabilisation force simply marks a new phase in our bilateral relationship and I'm very heartened by the way the leadership of Timor Leste has responded to this and very confident.

Cochrane: Well, a big part of that bilateral relationship is Australia's aid program to East Timor. You met with Emilia Pires last month in Canberra to discuss the new deal that East Timor wants in terms of the way it receives aid from Australia. How will that new deal change the way aid is provided?

Carr: They'll focus on capacity-building and support of education, skills and jobs and I'm going out today to inspect a couple of projects that will highlight that. I'm going to be speaking to graduates of Timor Leste, and I want to see how the skills that we helped them acquire as a benefit of the country. And one feature of the country's development from post-conflict, fragile status is their embracement of labour exchanges with Australia, with the seasonal worker program. It's still small, but I think Australian employers will see the advantage of recruiting and training workers from Timor. They've already been 12 Timorese workers completing placements in the hospitality sector in Broome, in northwest Australia and talking to their ambassador to Canberra, it's got a tremendous capacity to grow.

Cochrane: Do you think that number should be raised significantly, more than the 12 that have already taken part?

Carr: Oh, yes, dramatically and it's employer driven. The Ambassador is seeking out Australian employers and saying we can fill labour shortages with keen workers from Timor Leste and I think that's got great potential and it's at embryonic stages right now, but I think the potential is great.

Cochrane: The drive to create jobs within its own country is a big part of the ongoing dispute over the Greater Sunrise natural gas reserves off the coast of East Timor and between Australia. That site remains undeveloped as Woodside Australia and the East Timorese government still can't agree on how to process the LNG. The times running out here. The treaty expires in February. Is Australia prepared to walk away from this project?

Carr: Well, we're committed to working with the government to achieve a positive outcome. We're pleased to see the government of Timor Leste, the joint venture, stepping up their engagements since the election earlier this year. I know progress can appear slow at times, but there are complex issues to work through.

Cochrane: And has that been part of the agenda of your trip at the moment?

Carr: No, I couldn't say it is. It hasn't been raised with me, I haven't raised it, that's something between the government and the joint venture.

Cochrane: And just finally on East Timor. It's a new very new country in terms of the global community, it's also very keen to join ASEAN. Do you think it's too soon for such a small sort of vulnerable nation to join this regional bloc or does Australia support that bid?

Carr: We support their bid to join ASEAN. It's a matter for the government of Timor Leste how they want to present that bid to the 10-nation ASEAN grouping. For example, would they seek to achieve it over a say a five or seven year time table, do they want they kind or road map. But they've been very encouraged by the response from ASEAN members, but it might be a matter of accommodating any ASEAN concerns about the capacity of this young country by seeing that membership is achieved in stages, over a time frame.

There's another international membership that I discussed very happily with the government of Timor Leste and that's membership of the Commonwealth of Nations.

The Commonwealth is evolving into a community of democracies quite quickly when you look at the progress of the Commonwealth charter. I think this is something very worthy of the consideration of Timor Leste, bear in mind that Rwanda without a British heritage is now an active member of the Commonwealth. Mozambique out of the lusophone community is a member of the Commonwealth and it's entirely appropriate for Timor Leste to consider whether as an island state, a post-conflict state, a state that's moving to middle income status. It sees an amplification of its international engagement being achieved partly through membership of the Commonwealth.

Cochrane: Well, what would Timor gain from joining the Commonwealth?

Carr: It would be joining an international forum where the votes and the views of a small island state count as much as the vote and the views of India or Nigeria or the United Kingdom.

I chaired a recent meeting of Commonwealth Foreign Ministers and I noticed states like Solomon Islands and Seychelles and I made a calculation. It seemed that it would be 54 Commonwealth nations, about 25 could be described as small island states. This would be the only Forum in the world where small island states would have a consideration equal to those of very, very populous nations.

Cochrane: And what was the reaction from thEast Timorese officials that you spoke to about this idea of joining the Commonwealth?

Carr: They've got to consider it. It's something that's flickering on the screen of their considerations and I think it's got some inherent value and we would be very honoured to advise them on the steps towards Commonwealth membership, But, for Timor Leste, it is an opportunity to engage at low cost, the demands of ASEAN membership are pretty considerable for a small nation, in terms of attendance of the hundreds of meetings each year, through which ASEAN coordinates policies, shares information, provides consultation. The demands of the Commonwealth are much lower, but it would placEast Timor Leste in a very interesting forum and they'd be no conflict between that and membership with ASEAN, given that Brunei, Singapore and Malaysia are members of the Commonwealth.

[The second part of the transcript covered on Sri Lanka and abridged - JB.]

East Timor should join Commonwealth, says Carr

ABC News - December 14, 2012

Liam Cochrane – The Australian Foreign Minister, Senator Bob Carr, is advocating that East Timor should make moves to join the Commonwealth of Nations, the former British Commonwealth.

The former Portuguese colony is keen to join the Association of South-East Asian Nations and is being supported in its efforts by some Asean members.

But Senator Carr, who has held talks with the government in Dili, said while Australia would be happy to back any move by East Timor to join Asean, Commonwealth membership would be a cheaper and potentially more effective option.

Evolving

"The Commonwealth is evolving into a community of democracies quite quickly," he told Radio Australia's Connect Asia. It was "very worthy" of consideration by East Timor's leaders.

Importantly, "they'd be joining an international forum where the votes and the views of a small island state count as much as the vote and the views of India or Nigeria or the United Kingdom.

"This would be the only forum in the world where small island states would have a consideration equal to those of very populous nations."

The minister said there was a precedent – with Rwanda and Mozambique – for Commonwealth members not to have a British heritage.

With the idea now "flickering on the screen" for Timor, the Australian minister said Commonwealth membership gave access to an international forum at low cost, while the demands of Asean membership – with hundreds of regional meetings mandated each year – were "pretty considerable for a small nation".

There was no conflict with Asean membership, he said: Brunei, Singapore and Malaysia were Asean members, while also belonging to the Commonwealth.

People

Jose Ramos-Horta: Lessons in patience

Aljazzera - December 1, 2012

In 1975, Jose Ramos-Horta, the then foreign minister of the newly-liberated nation of East Timor, was sent by his country's prime minister to New York. By the time his plane landed in the US, his country had been invaded and annexed by Indonesia.

In a revealing interview, Sir David Frost travels to East Timor to meet the Nobel laureate and hear his remarkable story.

"I got involved in politics by [an] accident of history," Ramos-Horta says.

He tells Sir David of his arrival in the US: "That particular year, December '75, was very, very snowy. I had never seen snow in my life... I had to be very careful not to fall off because it was very slippery, and I didn't have proper shoes. I had a very light summer jacket instead of a winter coat or winter jacket. So that's when I began my lobbying at the UN Security Council."

Ramos-Horta's short visit to New York became a 24-year stay, during which he patiently lobbied for Indonesian withdrawal from East Timor. Meanwhile, back in his country, hundreds of thousands of Timorese – including three of his siblings – died.

In 1996, Ramos-Horta was awarded the Nobel Peace Prize for his campaign. As he tells Sir David, it was an unexpected award. "It was the nicest surprise," he says, adding that he was also slightly "embarrassed", feeling that there were others from within his liberation movement who deserved to win it more.

After that, Ramos-Horta was still a man without a country, but his award helped to bring renewed world attention to the plight of East Timor. International events, together with added pressure from then US President Bill Clinton, led to Indonesia eventually withdrawing from East Timor.

"Things were looking much more promising," Ramos-Horta says of the years that Clinton held office.

But the withdrawal was also a heartbreaking time for him; pro-Indonesian militia – often aided by official forces – set fire to many buildings and burned some 85 per cent of the country's infrastructure before they left.

"The human cost was overwhelming. And sometimes I philosophically... ask myself whether it is worth sacrificing a single life for the sake of having an independent country," he says.

But the way was clear for Ramos-Horta to return to East Timor to retake his role as foreign minister.

Over subsequent years he would serve as prime minister and president of East Timor. But in 2008, as he tells Sir David, he was shot twice in a botched assassination attempt. After a two-month recovery period, he returned to office, calling on the rebels to surrender to avoid any more bloodshed.

"I believe in being compassionate," he says. "I was given the gift of life, and God saved me, the doctors saved me. And maybe by almost paying with my life, we bought peace. Because the moment I was shot, the country stood still, the violence stopped, people who were fighting each other before stopped fighting, the rebels surrendered. And until now, we have been at peace."

Analysis & opinion

'Trickery' and the rule of law in Timor-Leste

International Crisis Group - December 11, 2012

Cillian Nolan – The UN peacekeeping mission in Timor-Leste (UNMIT) is now in the final stages of its long-planned withdrawal. By the end of December, the only staff left will be packing up computers and dismantling the portable containers at its "Obrigado Barracks" headquarters.

Following largely peaceful presidential and parliamentary elections earlier this year, Timorese are in confident spirits about the many challenges ahead. But after thirteen years of UN presence in the country, it is natural that there is some apprehension among some about security after the end of peace operations.

The Parliamentary Majority Alliance (AMP) coalition government in office from 2007-12 never found in the UN a fitting partner for reform. It saw more value in devising and implementing its own solutions. This was most notable in its response to the displacement that followed the 2006 crisis. While the UN favoured a phased, sustainable, decade-long approach to returning tens of thousands in IDP camps, the government instead handed out up to $4500 to households and closed the camps in two years. When then President Jose Ramos-Horta was shot in February 2008, UNMIT's response was criticised as slow and clumsy. The government quickly set up a joint army- police command to handle security, just as UNMIT was supposed to be articulating clearer divisions between the two forces. Pragmatic fixes have trumped long-term and deeper reforms as they have been seen to deliver quick results.

One issue that has so far resisted attempts at quick resolution is recurrent fighting between youth groups, and some of the concerns about post-UN instability have focused on this issue. In late November, returning from an overseas visit on the eve of a ceremony marking the departure of Australian and New Zealand troops (who are also withdrawing), Prime Minister Xanana Gusmao gave a stern warning to trouble-makers. Here's a translation of what he said:

"Once the UN are gone... if you continue to hurl [stones] at one another, I will arrest you and not give you any food; if you continue to fight one another, I will arrest you and not give you any food. If I need to go to the International Human Rights Court, then I'll go. It's in order to protect you. In order to protect your name is one reason, to protect your younger siblings, to protect... us all. Because we are now a reference point for the world. [...] Dialogue. Talk to one another. You can't throw stones or hurt one another. If I find that one of you has killed another? Then you'll be locked up for a week without even water."

The prime minister was speaking off the cuff, but his irritation at the persistence of youth fighting is shared by many. "Throwing stones" might not sound like much, but it is often part of a cycle of violence that turns deadly as it continues to evade resolution. It was the murder of a young man by the Comoro River bridge in Dili in December 2011 that led to a one- year national ban on most martial arts group activity. Many now expect the prohibition to be extended when it expires later this month.

The prime minister's recent comments are alarming, but they should not be read in themselves as heralding a shift toward authoritarianism. Instead, they illustrate the difficulty of balancing a perceived need for strong-arm tactics while trying to strengthen weak institutions. This is important as the country enters a post-peacekeeping era amid a continued push from many leaders for finding "morEast Timorese" ways of governing.

First, Gusmao's remarks are part of a broad trend over the past few years that has combined explicit threats by senior leaders with robust response by the security forces. Crisis Group wrote about this in July, after a broad range of people told us that the single-biggest contributor to deterring violence during the elections was the threat from both the police and the army commanders that troublemakers would be shot, paired with a significant police and army presence. There was a similar dynamic at play in the seemingly disproportionate response by special police units to mysterious "ninja" violence in Suai/Bobonaro in 2010 and in Quelicai in 2011. [SeEast Timor-Leste's Veterans: An Unfinished Struggle?] Both cases began with a couple of violent crimes that, left unsolved by weak local police, gave rise to rumours of masked ninjas spreading fear in rural communities. They both ended with the deployment of hundreds of extra police and mass arrests.

Second, the remarks echo the frustrations many senior officials and police officers have privately expressed over the past several years regarding an "excessive" focus by internationals (and the UN in particular) on human rights violations. Following the remarks quoted above, the prime minister goes on to lament how international organisations give small countries like his a hard time that is disproportionate to the scale of their problems. Many in such positions in Timor-Leste feel they have far more lived experience of what truly constitutes a violation of human rights and what sorts of actions are necessary to uphold the law, particularly in a state with limited resources and a weak justice sector. They want more latitude for dealing with recurrent troublemakers, for whom "fear of the law" in a country with dysfunctional courts is not yet a sufficient disincentive.

Third, the remarks illustrate the frustrations the government will likely continue to face when trying to extract lasting improvements in public order from a policing and justice system that still finds it very difficult to produce convictions. When I asked the local suco chief in Comoro recently about the 2011 murder case, he said the investigation had not gone anywhere because no one had come forward as an eye-witness, and that in the absence of effective pressure from the victim's family, that meant the case would not be prosecuted. ThEast Timorese justice sector does not yet do a good job of getting results: if high-profile murders go unprosecuted, political violence forgiven through presidential pardons, and youth fighting left unpoliced, it will be difficult to improve security.

If left unchecked, these dynamics all suggest worrisome future trajectories for law and order in Timor-Leste, but they also arise from natural frustrations for a young country whose long history has little to offer in the way of good models of responsive formal justice. Crisis Group will examine these medium and long-term risks in a report in early 2013.

Timorese leaders have displayed a commitment to the rule of law, even if they are sometimes frustrated by the constraints it presents. Where they have sought out unorthodox solutions, they have done so within the constitutional framework (the 2009 repatriation of indicted criminal Maternus Bere to Indonesia is a notable exception). There is little risk that the rule of law will be cast aside wholesale.

But the broader risk is that, with a weak police service, Timorese authorities will become dependent on what one senior police commander called "trickery" as a form of crime deterrence: issuing stern threats that no one intends to enforce. The rationale given for this approach is that as Timor-Leste still struggles to leave behind the legacy of its authoritarian past, the threat of violence is the best available deterrent, and a way of buying time. But it is not yet clear that this approach will be supplemented by real efforts to strengthen law enforcement and encourage a focus on the institutions upholding the law rather than the leaders at their helm. Timorese leaders may be buying time but the trick will not last forever. And then what?


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