Amanda Hodge, Jakarta – The East Timor government has accused Australia of hypocrisy for appealing to China to use international law to resolve its disputes with Asian neighbours over the South China Sea while refusing to do so itself in its ongoing tussle over the Timor Sea.

Prime Minister Rui de Araujo told The Weekend Australian in an email exchange that Canberra's respective positions on the South China Sea and Timor Sea, where it had a direct interest in potentially tens of billions of dollars in oil and gas revenue, were "inconsistent".

"While Australia has been urging China to use international mechanisms to resolve disputes in the South China Sea, it refuses to respect the law of the sea in its own backyard, the Timor Sea," Mr Araujo said.

"If differences in the Timor Sea can't be resolved at the negotiating table using the global architecture, why would anyone believe that more complicated challenges in the South China Sea can be resolved at all?"

On Tuesday the Permanent Court of Arbitration in The Hague delivered a landmark ruling in the dispute between The Philippines and China over territory they both claim in the strategically vital sea, through which 30 per cent of global maritime trade passes. It found there was no legal basis to China's claim over 90 per cent of the South China Sea, including land features and waters within The Philippines' exclusive economic zone.

Beijing has refused to recognise the tribunal's ruling, but the decision sets a precedent for Vietnam, Malaysia and Brunei which all face their own territorial disputes with China, as well as Indonesia, which is not a South China Sea claimant but has faced recent territorial aggression by Chinese coastguards in its waters.

East Timor was among many countries to welcome the ruling as an "important contribution to the shared goal of a peaceful resolution to disputes in the South China Sea and globally" through international laws and dispute mechanisms within those laws.

In April the Dili government launched compulsory, though non-binding, conciliation with Australia through the UN Convention on the Law of the Sea to try to persuade Canberra to agree on permanent maritime boundaries in the Timor Sea, which it has refused to do for the past 14 years. Dili claims it is the only option left open to it because Australia – like China – refused to recognise the jurisdiction of a tribunal when it withdrew from the UNCLOS compulsory dispute settlement procedures in 2002, two months before East Timor gained independence.

In doing so Canberra blocked East Timor from challenging the 1972 maritime boundaries it - inherited from Indonesia under which Australia claims much of the Timor Sea on the basis its continental shelf juts into those waters - in the Permanent Court of Arbitration, thereby avoiding a similar situation to which Beijing is now confronted.

Under current arrangements, oil and gas revenues from the Timor Sea's Greater Sunrise gas field are split evenly, while 90 per cent of revenues from the Joint Petroleum Development Area goes to East Timor.

Foreign Minister Julie Bishop said yesterday Australia stood by the existing treaties, which were negotiated in "good faith in a manner fully consistent with international law".

"Our position has not changed. The existing treaties agreed on a moratorium on negotiating boundaries and arrangements, and have allowed Timor Leste to accumulate a petroleum fund worth around $16bn, around eight times more than its annual GDP," she said.

"Australia will take part in any compulsory arbitration as per our legal obligations. In doing so, Australia will argue our case before the commission, including on matters of jurisdiction."

Source: http://www.theaustralian.com.au/news/world/east-timor-eyes-gap-in-timor-sea-row-with-australia/news-story/bfbb7f4d14aebc9ff18c70c5175fab6d

Australia is guilty of same misconduct as China over our treatment of East Timor

Melbourne Age - July 14, 2016

Tom Clarke – Territorial aggression. Refusal to abide by the rule book. It's a challenging set of behaviours.

Understandably the Turnbull government wishes China would heed the international law of the sea and unreservedly accept this week's ruling from the Permanent Court of Arbitration in The Hague – the result of a complaint brought by the Philippines against China's activities in the South China Sea.

Of course our Foreign Affairs Minister, Julie Bishop, would have far more credibility in calling on China to respect international law if successive Australian governments weren't guilty of similar maritime misconduct.

For 14 years now, Australia's tiny neighbour, East Timor, has been consistently requesting Australia to negotiate the establishment of permanent maritime boundaries between the two coastlines. For 14 years now, Australia has refused to even consider doing so.

Instead it has jostled East Timor into a series of temporary resource sharing arrangements, all of which short-change one of the poorest countries in Asia out of billions of dollars in oil and gas resources.

To think China is the only bully in our region willing to thumb its nose to international law for greater territorial control and access to lucrative resources would be to overlook the fact the Australian government has unilaterally depleted the contested Laminaria Corallina oil fields. These are fields that the East Timorese claimed belong to them, that have now been sucked dry without East Timor receiving a single dollar.

This is something the government of East Timor doesn't want to see repeated. It has launched its own proceedings in the United Nations.

Disappointingly, the Australian government, like China before it, is squabbling about the jurisdiction – trying to dismiss the independent umpire as irrelevant.

Bishop and Prime Minister Malcolm Turnbull need to realise that if Australia wants its calls for China to abide by the UN Convention on the Law of Sea (UNCLOS) to be taken seriously, that the Australian government must start walking the talk.

In March 2002, just two months before East Timor's independence, the Howard government's Foreign Affairs Minister, Alexander Downer, pre-emptively withdrew Australia's recognition of the maritime boundary jurisdiction of the International Court of Justice. It's time for Bishop to reinstate our recognition of this important body.

A rules-based world order is in Australia's interest. But the first step in making that a reality is to stop treating international law like a buffet menu from which you can just pick and choose the bits you want and discard anything you don't like the look of.

The Australian government must sit down at the negotiating table with East Timor and right the deliberate wrongs that have deprived the young nation from benefiting from its own natural resources.

Take for example the Greater Sunrise gas field. It's anticipated to generate about $40 billion in government revenue over its lifetime. As it is located much closer to East Timor than Australia, if permanent maritime boundaries were established in keeping with international law most, if not all, of the field would belong to East Timor.

It was during negotiations about this field that the Australian government installed listening devices in the East Timorese cabinet room. It used an aid project as the cover to conduct espionage for commercial gain. This is not something Australians can be proud of and again is something more in keeping with what you'd expect from the Chinese Government.

The overwhelming consensus is that current international law would see maritime boundaries based along the median line – that means halfway between the two coastlines. This would be both fair and commonsense. It would mean if an oil or gas field was located closer to East Timor then it would belong to the Timorese and if it was closer to Australia then it would be ours.

This "median line solution" is exactly what we agreed to with New Zealand in 2006 when we resolved overlapping claims off Norfolk and Macquarie islands. Australian governments seemingly find international law easier to abide by when billions of dollars worth of oil and gas is not up for grabs.

"Australia supports the right of all countries to seek to resolve disputes peacefully in accordance with international law, including UNCLOS," Bishop said in response to the South China sea dispute, before adding that adherence to international law is the foundation for peace, stability and prosperity in East Asia.

These are wise words, but they will continue to ring hollow while the Australian government continues to turn its back on the independent umpire so it can continue to short-change East Timor out of billions of dollars in oil revenue.

[Tom Clarke is a spokesman for the Timor Sea Justice Campaign.]

Source: http://www.theage.com.au/comment/australia-is-guilty-of-same-misconduct-as-china-over-our-treatment-of-east-timor-20160714-gq54u0.html

Indonesia

Group demands RI honor rights of Timor Leste citizens

Jakarta Post - July 19, 2016

Djemi Amnifu, Kupang – Many Timor Leste citizens remain stranded in Kupang, East Nusa Tenggara (NTT), years after a UN referendum that resulted in Timor Leste's independence.

Timor Aswa'in Union Congress (Untas) in Kupang revealed that the many residents of both countries had been deprived of their right to welfare.

Untas chairman Eurico Guterres told The Jakarta Post at the closing of the congress on Monday that it had been recommended that the Indonesian government maintain ties with Timor Leste and other countries.

The third Untas, added Eurico, also unanimously elected the chairman and the general secretary of Untas for the 2016-2019 period. Eurico was elected chairman, Florencio Mario Viera general secretary and Filomeno de Jesus Hornay chairman of the consultative board. "The other positions will be organized within the next 30 days," said Eurico.

In the future, said Eurico, Untas would fight to resolve the issues faced by former residents of Timor Leste in Indonesia through diplomatic means. Untas will demand the rights through peaceful means and maintain contact with the government to resolve issues.

"If the Indonesian government compels anyone, Untas will certainly take a position. If the government wants to repatriate, it should pay attention to the rights of the concerned people," said Eurico. Regarding assets of Indonesian citizens in Timor Leste, added Eurico, Untas would fight through the Indonesian government.

Currently, Eurico said that according to Central Statistics Agency data, 42,000 former East Timorese citizens were living outside NTT, while the number of former East Timorese citizens residing in NTT stood at around 15,600 families.

"So, the total number of former East Timor residents living both in and outside of NTT reaches around 100,000 people. But the data needs to be reverified," he said.

A former Timor Leste citizen residing in Belu regency on the border with Timor Leste, Patrisius Mau, expressed full support for the efforts made by Untas, which acts as an umbrella for former citizens of East Timor in Timor Leste.

According to him, although Timor Leste became a sovereign state dozens of years ago, it has failed to bring prosperity to its people. "Untas members residing in Timor Leste also support Untas' stance of rejecting the outcome of the 1999 referendum," he said.

Source: http://www.thejakartapost.com/news/2016/07/19/group-demands-ri-honor-rights-timor-leste-citizens.html

Labour & migrant workers

Government proposes introduction of social security contribution for workers

Dili Weekly - July 12, 2016

Venidora Oliveira – The Ministry of Social Solidarity proposed the law on social security contribution for the workers in Timor-Leste for their retirement or in case of injury.

President of Commission F (responsible for health, education, culture, veteran affairs and gender equality) MP Virgilio Hornai said that under the law all government institution, international organizations and private companies would have an obligation to reach an agreement with workers on a salary sacrifice of between 5 and 6% for the social security contribution.

He said it was the state's obligation to establish social security system in case accidents occurred to employees during working hours as there was no life insurance provided. He said all workers would benefit from the proposed law as the funds could be used after retirement and help guarantee their future.

The draft law is currently being considered by Commission F and had been discussed with members of the national defence force and police, as well as the Commission of Public Services, international organizations and the Secretariat of State for Vocational Training Policy and Employment (SEPFOPE).

Once the law has been approved by parliament, a separate institution would be created to control and manage the funds.

The Director of Human Rights Association (HAK), Manuel Monteiro, said the introduction of a social security contribution was important to help reduce workers' reliance on the state once they retire.

"This will guarantee our future, so we don't have to rely on the state anymore," he said. He also called on the government to create an effective management system to ensure funds were secure.

However, national MP Brigida Correia called for an increase to the minimum wage before implementing the law.

Source: http://www.thediliweekly.com/en/news/capital/13894-government-proposes-introduction-of-social-security-contribution-for-workers

Health & education

Developing reading culture through the Mobile Library Program

Dili Weekly - July 29, 2016

Paulina Quintao – The Mobile Library Program being implemented in the country through the Alola Foundation is aiming to develop a culture of reading among pupils.

Alola's Program Manager for Education Emma de Sousa said many pupils were participating in the program and enjoyed reading the different books.

"The pupils enjoy reading the books, that's why when we are about to leave, they tell us to visit their school again," she said at her office in Mascarenhas, Dili.

The Mobile Library Program was launched in 2012 with the purpose of promoting the importance of reading to enhance general knowledge.

De Sousa said it was essential to remind teachers about the importance of reading as schools often kept books in the cupboard instead of distributing them to students.

The books in the mobile library collection are produced by the Alola Foundation and are written using simple language so that it is easy for students to understand. The books also have pictures to encourage students to read.

Data shows that about 14,196 pupils from Ermera, Lautem, Manufahi, Viqueque, Oecusse and Dili have benefited so far from the Mobile Library Program.

This year Alola has partnered with Childfund to run the program in Bobonaro and Liquisa. The program is also supported by Australia's Department of Foreign Affairs and Trade (DFAT).

Former First Lady and founder of the Xanana Reading Room Kristy Sword Gusmao said reading was something new in Timorese culture and therefore students often needed encouragement.

"I built the Xanana Reading Room as a small public library for youth to study and to create a culture of reading, which is something new to Timor," she said.

Sword Gusmao congratulated Alola on bringing the library to students in rural areas where it was often difficult to access books.

"I hope libraries are opened around the community and in every school in the future so that the Mobile Library Program doesn't have to run [anymore]," Gusmao said.

Source: http://www.thediliweekly.com/en/news/education/13941-developing-reading-culture-through-the-mobile-library-program

MoFFe: Equivalent education unfair to dropout youths

Dili Weekly - July 26, 2016

Paulina Quintao – The policy of equivalent education has been criticized as being unfair to dropout youths due to the learning environment, which is different to the formal system.

Executive Director of Movement of Women's Organization (MOFFE) Yasinta Lujina said all people, including dropout youths had the rights to access to education and choose the school that they wanted to attend.

She said pregnancy, sexual abuse and family economic situation were some of the factors in young women leaving school early.

"They should be in good environment and getting along with other friends, taking part in extra-curricular activities and studying various subjects, that is what we want," said Lujina at her office in Farol, Dili.

She said the program aimed to ensure that all people received the diploma, but did not necessarily provide a quality standard of education as no extra-curricular activities were offered. She said MoFFe and other women's organizations continued to urge the government to create a fair policy for all people, particularly teenage girls who wanted to go back to school after giving birth.

She said women's group would continue to advocate by using the 2015 recommendation from the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), which called on the government to create a policy to ensure dropout youth could continue their education.

She said there were many cases of abuse while teenage girls were still at school. If they fell pregnant they are often not allowed to return to school after giving birth, with schools sometimes refusing to provide them with a letter of transfer.

CEDAW first made the recommendation to the government in 2009 in order to provide a legal basis for all schools to accept dropout youths who married early or fell pregnant, but it was never established.

Research conducted in 2010 by the Secretariat of State for Promotion Equality (SEPI) and the National university of Timor-Lorosa'e (UNTL) showed that 72% of teenage girls left school after getting pregnant or experiencing abuse and other problems that affected their learning process.

According to 2013 data from the Timorese Women's Communication Forum (FOKUPERS), 49 victims of sexual abuse were referred to the organization. Of this number, 14 continued their schooling, while 35 failed to continue their studies due to pregnancy, lack of family support or schools refusing to allow them to return.

The National Director for Adult Education, Miguel Godinho Martins, said the equivalent education system was a new policy adopted by the government to give dropout youths over the age of 15 the opportunity to continue their schooling and receive a diploma.

He said the subjects were the same as those in the formal education system. Once students complete the requirements they receive a diploma and are then able to continue their studies in either public or private senior high schools, as permitted under the law.

He said equivalent education was currently only available for junior high school, but the government planned to extend the program to senior high school.

Source: http://www.thediliweekly.com/en/news/children-youth/13923-moffe-equivalent-education-unfair-to-dropout-youths

Health Ministry launches awareness campaign for new Tobacco control law

Dili Weekly - July 21, 2016

Paulina Quintao – The Health Ministry (MH) has launched a public awareness campaign since the President approved the new tobacco control law on June 2.

The Chief of the Department of Non-infectious Diseases, Dr Helder Juvinal, said they had six months to communicate the law to the wider community before it was formally implemented.

He said although the law had been approved, it had not yet been applied. Planned administrative sanctions have also not been introduced yet.

As part of efforts to raise awareness about the law and the smoking ban in health facilities and public offices, the ministry has placed adverts in newspapers and on billboards.

According to article 25 in the new tobacco control law, the government must establish a national commission to enforce tobacco control and apply the law in public spaces and on public transport.

"We are trying to convince the [political] leaders to create this commission based on the law," he added.

In 2015, the government proposed the tobacco control law, which aims to control the circulation of tobacco products and reduce smoking.

Research has shown that the rise in non-infectious disease such as cancer, diabetes and heart disease is linked to the high rates of tobacco use across the country.

According to 2014 data obtained from the ministry, 71% of men and 29% of women (aged between 15 and 60) smoke cigarettes actively.

Meanwhile, the 2013 Global Youth Tobacco Survey showed that 61% of Timorese youths (aged between 13 and 15) sometimes smoked cigarettes, while 42.4% were actively smoking cigarettes.

Head of the ministry's Legislation Department Claudino Rosario said the new law was about regulating and controlling tobacco use and did not mean there would be a total smoking ban. He said there would be designated smoking areas provided in public offices.

Under article 26 sanctions will apply to those caught smoking in smoke-free zones and those selling cigarettes to minors under the age of 17. Individuals in breach of the new law could be fined up to $50, while employers will face penalties of up to $20,000.

Meanwhile, national MP Antoninho Bianco questioned whether the government's control system would be effective in stopping people smoking, particularly on public transport.

"We have the regulation already, [but] who will take responsibility or control and who will give sanctions for those who smoke in public places?" he said. He urged the government to establish an integrated control mechanism to effectively enforce the new law and reduce the current high rates of smoking.

He said passive smoking has been proven to be harmful to health and therefore called on passengers to make a contribution by asking others to stop smoking on public transport. "The passengers should control one another [and] if the driver keeps smoking then it is better for them to get out of the car," he said.

Source: http://www.thediliweekly.com/en/news/health/13917-health-ministry-launches-awareness-campaign-for-new-tobacco-control-law

Community education centers aim to improve literacy levels

Dili Weekly - July 12, 2016

Paulina Quintao – The Ministry of Education (ME) has established nine community centers this year aimed at improving study opportunities for illiterate people.

National Director of Adult Education Miguel Godinho Martins said one of the major problems faced in the past was that there were no suitable or permanent places for learning.

Centers have now been established in seven municipalities, with more to follow next year, said Martins. In the future, the government plans to establish centers in all administrative posts.

He called on those with limited education to participate in the program as it was a good opportunity for them to complete their studies.

Research conducted by the Timor-Leste Coalition for Education (TLCE) found that 26.2% of people in Aileu municipality were illiterate. He said the ministry was therefore conducting research in the seven municipalities to determine the program's progress.

He also called on local authorities in the communities to assist the government with monitoring the program. The program was implemented in 2001 and aims to improve literacy levels across the country.

Dili resident Tomas Jose Goncalves, 61, said the literacy program had provided an opportunity to improve themselves and take part in the development process.

He said he was a resistance fighter never went to school because he took a part in a war and now he gets the opportunity to be free from illiteracy. "I don't want to be leader or a ruler, [but] at least I want to know how to write, read and count," he said.

Member of Commission F (responsible for health, education, culture, veteran affairs and gender equality) Eladio Faculto considered this program was good to give the opportunity for those who did not complete their study in high school but should be improved.

"The place should be appropriate and permanent, so that people know where it is," he said. He said it had previously been difficult to monitor the teaching process and standards as lessons were often conducted in private homes or temporary places.

Source: http://www.thediliweekly.com/en/news/education/13898-community-education-centers-aim-to-improve-literacy-levels

WHO says Timor-Leste making good progress in health sector

Dili Weekly - July 8, 2016

Paulina Quintao – The Regional Director of the World Health Organization (WHO) for Southeast Asia, Dr Poonam Khetrapal Singh, said the three major achievements in Timor-Leste's health sector since independence were a reduction in infant mortality rates, good progress in eliminating malaria and improvements in health infrastructure.

She said this was mainly through the efforts made by the government, particularly the Ministry of Health, with technical support from WHO.

In an exclusive interview with The Dili Weekly at the WHO office in Kaikoli, Dili, Dr Singh said although infant mortality rates had declined, reducing maternal mortality remained a significant challenge facing Timor-Leste.

"The ratio of midwives to doctors is still very low and that is an area that needs to be focused on," she said. "People are also not going to health institutions for their deliveries and that leads to maternal mortality."

The 2010 Demographic Health Survey showed that from 1000 births six women died every year or 557 of every 100,000 births. According to 2015 data from the Ministry of Health, this figure has since been reduced to 252 deaths for every 100,000 births.

As a new country, Timor-Leste has made significant progress in disease elimination, as well as re-establishing health infrastructure across the country, Dr Singh said. Progress in eliminating malaria and leprosy are other key achievements.

Improving access to health services is a significant challenge facing Timor-Leste due to the remoteness of some communities and the long distances required to travel. "The major obstacle is accessing health facilities is the lack of human resources," she said.

However, she said the government was currently making efforts to provide human resource training and distribute the necessary equipment to strengthen health services at community level.

She said WHO had so far provided technical assistance to the Ministry of Health to improve human resources and the procedures needed for the government to implement its programs.

Dr Singh said WHO was focusing on several so-called "flashship areas" where infection rates of diseases such as malaria, dengue and tuberculosis remain high. She said WHO aims to eliminate yaws disease in Timor-Leste and Indonesia by 2020.

Apart from that, WHO also will continue to pay close attention to reducing the incidence of non-infectious disease such as diabetes and heart disease.

She said WHO and the Ministry of Health are also working together to address anti-microbial resistance and immunization. "This happens because of indiscriminate use of antibiotics and irrational prescriptions that come from the doctors," she said.

Meanwhile, Health Minister Maria do Ceo Sarmento Pina da Costa said the collaboration between the Health Ministry and WHO was established after independence from Indonesia and in 2000 Timor-Leste became a member of the World Health Association.

"WHO is providing support through training, counseling and advocacy to the Ministry of Health," she said.

Aside from that, WHO also provides funds to the ministry to implement various health programs in different communities, including the distribution of combantrin to control worms.

Source: http://www.thediliweekly.com/en/news/gender/13888-who-says-timor-leste-making-good-progress-in-health-sector

Women's rights

PM calls for gender-sensitive budget for 2017

Dili Weekly - July 29, 2016

Paulina Quintao – Prime Minister Rui Maria de Araujo has urged ministers and secretaries of state to include gender issues in the annual action plan and the 2017 budget to ensure both women and men benefit from government programs.

The Secretary of State for the Socio-Economic Support of Women (SEM), Veneranda Lemos, said the percentage of the state budget approved annually by National Parliament for women's programs was insufficient.

Lemos said SEM was advocating for ministries to integrate gender issues into the annual action plan and 2017 budget.

"Through the acknowledgement of the Prime Minister, SEM has sent letters to all ministries and secretariats of state to consider gender issues in their programs," she said at a workshop on gender equality and the state budget plan in Hotel Timor, Dili.

While some ministries had already introduced gender sensitization programs that benefited both men and women, Lemos said others still needed reminding.

She said SEM is taking part in the budget revision commission to ensure that all ministries and secretariats integrated gender issues in their programs for the 2017 national budget.

President of the Parliamentary Women's Group MP Florentina Smith agreed that it was necessary to have gender sensitization programs as women tended to outnumber men in Timor-Leste. The MP conceded that in the past the annual budget approved by the National Parliament for ministries hadn't really benefited women.

The MP also urged the government to provide capacity building for women's groups so that they were able to their funding effectively as many organizations failed to make any significant progress despite receiving government support.

Source: http://www.thediliweekly.com/en/news/gender/13943-pm-calls-for-gender-sensitive-budget-for-2017

USAID provides finance training to women's groups

Dili Weekly - July 8, 2016

Paulina Quintao – USAID is providing numeracy training to female producers through its Advance Agriculture program as most women in rural areas still don't know how to count in order.

USAID Gender and Youth specialist Sebastiana Pereira said the agency was working with the Institute of the Development Support for Enterprise (IADE) to provide business and numeracy training to women's groups.

She said the training began in June and was assisting women to become more financially aware and improve their numeracy skills.

One common problem facing women is that although they recognized the amount when shown a sum of money, they often had difficulties reading and writing the numbers, Pereira said in a presentation at a Breakfast Club for journalists at Hudi Laran in Dili.

She said numeracy issues were not just restricted to rural areas, with women in cities also experiencing the same issues, making it difficult to access credit.

She said the USAID team has identified many obstacles that made it difficult for women in rural areas to access business opportunities, including poor roads, lack of transport, personal security concerns and literacy problems.

She said the finance literacy training aimed to increase women's numeracy ability when counting money.

As part of the program, a system of savings and loans will be established in rural areas and producer groups would receive assistance to link with supermarket companies in Dili.

She said there were currently 100 female producers from 34 groups attending business management training at IADE.

Meanwhile, Member of Commission F (responsible for health, education, culture, veteran affairs and gender equality) MP Eladio Faculto acknowledged that many women till did know how to count numbers.

He said it was a complex problem and that even those who knew how to read and write still sometimes found it difficult to express numerical amounts in writing. He said this sometimes caused problems particularly during transactions involving large sums of money.

He said the government had a clear policy aimed at eliminating illiteracy in Timor-Leste by improving communities' writing, reading and numeracy skills, it had not yet been effective.

Meanwhile, member of the Timor-Leste Parliamentary Women's Group (GMPTL) MP Brigida Correia said the parliament had called on the Central Bank to provide funds to support people to develop their business.

As part of the criteria to access credit groups or individuals must provide assurances such as a land certificate proving ownership.

However, she said this was difficult for women as in Timor culture land ownership was passed on through male family members. She said Parliament would look at the draft land law to ensure that women also had equal rights to the land.

Source: http://www.thediliweekly.com/en/news/news/13880-usaid-provides-finance-training-to-women-s-groups

Sexual & domestic violence

MSS: Incest victims face difficulties returning to society

Dili Weekly - July 22, 2016

Paulina Quintao – The Ministry of Social Solidarity (MSS) has acknowledged that it was difficult for victims of sexual abuse, particularly incest, to return to their families and society.

Department Head for the Protection and Promotion of Child Rights DomiNGOs Fernandes said the government was in charge of helping victims return to their families after the completion of the legal process.

He acknowledged that it was often difficult to convince families and the wider society to accept victims of abuse. This was because families considered that their dignity had been tarnished.

"It's difficult for them (victims) to go back to their families because it (abuse) happens within the family and some of the families are disappointed this happened," he said at Hotel Timor, Dili.

Often it takes two to four years for families to accept victims of abuse, although he said child protection officers continued to work with families during the process.

He said officers also carried out an assessment before victims were returned to their families to help prevent such violence occurring again. While their cases are being heard, victims of abuse are supported by the government and stay at the Casa Vida shelter, FOKUPERS or other organizations.

There are high rates of violence against children in Timor-Leste, mostly involving sexual abuse and incest. Data from 2015 to June 2016 showed that MSS had returned more than 73 children to their families during the period.

Meanwhile, lawyer Marcelina Amaral said the law in its current form did not provide maximum protection for victims of incest.

Based on the experience of the Women and Children's Legal Aid (ALFeLa) many incest cases are lodged at the Prosecution Department, but fail to make any progress due to a lack of evidence and doubts over whether the victim consented or not.

"It is impossible that a daughter wants to have sex with her father," said Amaral. In order to reduce the high rates, Amaral said the penal code needed to be revised and a specific article added about incest.

The President of the Timor-Leste Parliamentary Women's Group (GMPTL), Florentina Smith, said the penal code revision was scheduled, but had not yet been discussed as some other important laws such as land and suku (village) laws had been prioritized for discussion first.

"It is a serious crime and Timor is a country where the majority of people are Catholics, [so] we do not accept it," she said.'

Source: http://www.thediliweekly.com/en/news/capital/13927-mss-incest-victims-face-difficulties-returning-to-society

Graft & corruption

Stuck in East Timor

Macau Business Daily - July 1, 2016

Nelson Moura – The owner of a Macau consultancy business appeared before East Timor Prosecutor's Office (MP) 20 months after being arrested in connection with a money laundering case, news agency Lusa reported.

Tiago Guerra was in pre-trial detention in the East Timor capital of Dili since October 2014 suspected of laundering money through Olive Consultancy, a firm he owned while working for Portugal Telecom in Macau in the 1990s.

Guerra's wife Fong Fong, a Macau resident, was also arrested at the same time for the same court case as the couple were planning to return to Macau after many years of living in East Timor.

"I'm very sad that it took 20 months until we could speak and clarify many aspects of this situation," Guerra told Lusa following a court hearing that lasted for more than seven hours over three days.

The Portuguese businessman and former Macau resident lamented that he had only been heard regarding documents sent by his defence [lawyer] to the Prosecutor's Office more than 15 months after they had been delivered, Lusa reported.

East Timor shenanigans

Tiago Guerra was arrested after his consultancy firm worked as an intermediary for a money transfer to Bobby Boye, an American national and former East Timor government consultant.

In 2011, Guerra's firm performed an escrow service – a contractual arrangement in which a third party receives and disburses money or documents for the primary transacting parties – allowing Boye to be able to transfer US$860,000 (MOP6.8 million) from a law firm in Norway to a society account in the United States, according to Portuguese newspaper Expresso

Boye was detained in the U.S. in June 2014 for stealing US$43.5 million dollars from the East Timor Government during an oil related deal, Expresso reported.

After being detained for interrogation in 2014, Guerra was in pre-trial detention in the East Timor prison of Becora for about nine months.

After Guerra was released, he and his wife were prohibited from leaving the country and ordered to present themselves to the Dili police every week.

Not so swift justice

In April, the East Timor Public Prosecutor told Lusa that the local Prosecutor's Office had expected that after the case investigation finished between "August and October" of this year, the case will be archived or proceed to court.

East Timor Public Prosecutor Jose Ximenes told Lusa that the Office "asked for information from other countries" and had already received responses to information requests from Portugal and Macau but that "they were still waiting for other diligences to finish the case".

"We continue with our lives in limbo and hope the issue can be resolved as quickly as possible," Guerra told Lusa.

Source: http://macaubusinessdaily.com/Society/Stuck-East-Timor

Catholic church & religion

The Blessed Hills of Dili

Jakarta Post - July 23, 2016

Dylan Amirio, Dili, Timor Leste – Timor Leste is probably not on the average list when it comes to destinations for spiritual tourism, or even tourism in general.

Most people, particularly Indonesians, view Timor Leste only as that little country that struggled and endured the brutal and murderous 30-plus year occupation by Indonesia's Soeharto regime.

Timor Leste separated from Indonesia in 1999 and became a new country in 2002. Interestingly, Dili, the capital, emanates a strong aura that radiates the population's spirituality to visitors.

It seems that the people of Dili seek refuge in their faith to survive amid difficult conditions in a relatively young country with an underdeveloped economy and infrastructure.

Timor Leste is Southeast Asia's second largest Roman Catholic country after the Philippines. Ninety-six percent of the country's 1.2 million people adhere to that faith, with about 60 percent of the youth considered devout followers.

Their faith is overtly shown through the numerous shrines to Mary gracing stores and the airport, as well as the Jesus Christ murals on shacks and in streets.

In the Roman Catholic world, Timor Leste has an important significance. It has been referred to as "the beginning" due to its position as the first Roman Catholic country in the world to see the sun rise each morning.

Timorese tour guide and devout Catholic, Platao Lebre, explained that Roman Catholicism started in an odd way in Timor Leste.

"A lot of Catholics here formerly held traditional, animistic beliefs. But during the Indonesian occupation, the government required every citizen to classify themselves as adherents of one of six specific religions. Most went with Catholicism because of the influence of the Portuguese heritage," he said.

Despite the strong Roman Catholic presence, traditional beliefs are still widely held and ritual activities are still practiced in some areas of Timor Leste, particularly in the most remote areas.

Local religious rituals usually include animal blood sacrifices to give thanks for God's blessings. Every Nov. 1, the capital is left empty as the people visit their hometowns and scatter flowers on their ancestors' graves in a Timorese tradition.

Apart from Timorese traditional rituals, the Catholic influence remains strong in the capital with the ubiquity of its religious symbols.

At every tallest peak, a cross or some sort of Catholic symbol is usually placed as the people believe that the highest peak is where God belongs.

Two of Dili's most prominent peaks have been graced by massive monuments that represent the strong Catholic presence in the city.

One of these is the statue of Pope John Paul II. The pope visited Timor Leste in 1989 and his visit was seen by many Timorese as a catalyst toward their independence. The visit was so profound that, in 2008, the country decided to erect a statue commemorating his visit.

It is a symbol of gratitude toward the world's highest Catholic figure as, at that time, he was the only world leader to visit the country in the midst of its troubles with Indonesia.

The statue stands above Dili's Tasitolu area, in the city's west, overlooking the cliffs and a gentle blue sea. The pope's statue faces the direction of the rising sun, signifying Timor Leste's position as "the beginning".

Meanwhile, on the other side of the city, a more familiar figure stands tall atop one of Dili's highest points, gracefully opening his arms to bless those below.

Probably the city's most notable landmark, and having the greatest potential to become the city's symbol, Cristo Rei of Dili (Christ the King of Dili), is a massive statue of Jesus Christ that recalls Rio de Janeiro's Christ the Redeemer.

Visitors need to climb 505 steps to reach the 29.5-meter tall statue at the top of the Fatucama peninsula. During the climb, visitors pass several bronze carvings narrating the story of the death of Jesus Christ in sequence: from Pilate's death sentence to when he is helped by Simon when he falls and then to his death on the cross.

At the peak, visitors are greeted by the giant Cristo Rei, which is built standing atop a globe of the world, overlooking Dili's mountains and sea.

Created by sculptor Mochammad Syaililah, the statue was a gift from former Indonesian president Soeharto in 1996 to celebrate the region's integration into Indonesia as the country's 27th province.

Jesus' eyes deliberately point in Jakarta's direction, making Soeharto's point very clear that East Timor's allegiance was to Indonesia alone.

While the old man's intention were certainly proven wrong six years later, the statue stands tall and remains one of the most visited tourist attractions in Dili, offering a spectacular view of the coast.

Despite the political controversy associated with it, many people believe that the monument is a welcome gesture.

"It is an appreciative feat for a Muslim sculptor to create an incredible and committed likeness of Jesus Christ. The statue may still have its political controversies, but as a Catholic, this is a wonderful gesture," Platao said, smiling as he gazed up toward the giant Christ.

"Yes, Timor Leste is poor but we feel happy nonetheless. Why? Because we have earned the greatest riches of them all, and that's our freedom and our faith," he declared.

Source: http://www.thejakartapost.com/news/2016/07/23/the-blessed-hills-dili.html

Social security & unemployment

Timor-Leste priest criticizes unemployment record

UCA News - July 14, 2016

Thomas Ora, Dili – The director of the youth commission for Dili Diocese has criticized the Timor-Leste government for not doing enough to curb unemployment.

"Unemployment increases but the government does not create any [plan] to reduce it," Father Joao Soares ucanews.com on July 13, responding to a recent government report on Timor-Leste's high unemployment rate.

The Secretary of State for Vocational Training Policy and Employment reported that the unemployment rate across the country has hit 11 percent because of limited job opportunities and the number of young people looking for work keeps growing.

The church has stepped in to help by offering skills training for youths, but it does not promise job opportunities, only training, Father Soares said. "The government must create work opportunities," said the priest, adding that the church wants young people not to depend on government handouts.

According to the priest, massive urbanization and migration to Dili has neglected the huge potential for work in the agricultural sector. "Districts need more people to work in agriculture, but people come to Dili instead," he said.

The church has voiced concerns and solutions through seminars and in discussions with the government, added Father Soares.

The church has also offered help through several training centers in Dili to give youths skills in automotive, construction, carpentry, electricity, welding, and plumbing.

Meanwhile, Orlando da Silva Casamiro, 25, coordinator of the diocese training center said that unemployment in Timor-Leste is so acute that even university graduates do not have jobs.

"It is because the education system focuses merely on theory, not on creating graduates ready to work," said Casamiro who previously worked for a Japanese non-profit group.

"Competition in the era of globalization requires skills, not only classroom theory," he told ucanews.com.

To meet such needs, the church centers also train youths in different areas such as language skills - particularly English and Portuguese, computer and IT. Last year it accepted 200 people and another 283 people are attending this year. Courses are run over three periods in a year.

Martinha Gaviota Martins Gomes, 19, who is taking a computer class at the center said that one of problems he faces is that the government prefers to employer older and unskilled workers. "The government should hire younger people who have better skills," she said.

Source: http://www.ucanews.com/news/timor-leste-priest-criticizes-unemployment-record/76571

Unemployment rate in Timor-Leste reaches 11%

Dili Weekly - July 8, 2016

Paulina Quintao – Unemployment across the country has reached 11%, with mostly graduates among the jobless, according to 2013 research by the Secretary of State for Vocational Training Policy and Employment (SEPFOPE).

General Director of SEPFOPE Jacinto Barros Gusmao said the unemployment rate was increasing every year due to the limited job opportunities in Timor-Leste.

"It's true that every year unemployment numbers are getting higher because Timor still lacks industry and we only have the Heineken and Timor Cement industries," said Gusmao at his office in Kaikoli, Dili.

He said many companies in the private sector were also struggling financial and therefore not in a position to increase staffing levels. However, he said the government was making an effort to find job vacancies for the unemployed in South Korea, Australia and other countries.

"We have talked to entrepreneurs in Malaysia, China, Macau, Japan, New Zealand and we try to find out the way to send our people to work there because industry in Timor-Leste is still limited," he said.

He said unemployment was a growing social problem and the responsible entities needed to take action to resolve the issue otherwise there was a risk it could lead to the instability across the country.

Gusmao also called on the private sector to invest more heavily in sectors such as agriculture, tourism and fisheries as these had the potential to employ large numbers of people.

Meanwhile, national MP Eladio Faculto said he believed the unemployment rate in Timor-Leste was actually higher than 11% as many people were working in temporary or casual jobs.

"It (the job) is just temporary and it depends on the project. Once the project is completed they will be unemployed and there's no sustainable job [market]," he said. He also urged the government to invest strongly in other sectors to help reduce unemployment rates.

Source: http://www.thediliweekly.com/en/news/capital/13882-unemployment-rate-in-timor-leste-reaches-11

Agriculture & food security

Indonesia Christians answer Timor-Leste appeal

UCA News - July 26, 2016

Thomas Ora, Dili, Timor Leste – Indonesian Christians have pledged help for hundreds of Timor-Leste farmers whose crops have been ravaged by the El Nino weather pattern.

The assistance follows an appeal by the head of the church's social action arm in Timor-Leste.

About 400 farmers and their families on Atauro Island, 25 kilometers north of Dili are in desperate need of help, said Caritas Dili director, Father Adrian Ola Duli.

"A priest in Atauro sent me a letter asking for help and I have been looking for donations of rice, noodles or cooking oil," Father Duli told more than 300 Indonesian Christians attending an ecumenical gathering in Dili on July 24.

Indonesian ambassador to Timor-Leste, Marcelinus Primanto Hendrasmoro and several Indonesian priests and nuns also attended the event.

Hendrasmoro said he hoped the Indonesian Christians would respond generously. "There are many ways we can help them," he said.

Theodorus Simarmatha, an embassy official and chairman of Dili-based Indonesian ecumenical group – also known as "Oekumene" – said he has asked members to offer donations.

The ecumenical group was established in 2006 and is involved various social activities such as helping poor families, said Father Urbanus Bunga Lolon, one of the group's coordinators.

"We can help those suffering in Atauro," said Father Lolon who is also the chairman of the Institute of Religious Sciences in Dili.

Robert Pangaribuan, who represented Christians of Batak origin - a major ethnic group from Indonesia's Sumatra Island - at the ecumenical meeting, said they will try to donate medicine and food.

Representatives from the Maluku, Sulawesi, Flores, and other ethnic groups also pledged to collect money that will be channeled through Caritas Dili.

Father Hermenigildo Almeida of Our Lady of Fatima Church in Atauro told ucanews.com on June 25, that El Nino has severely affected those living on the island.

"These people are mostly fishermen and corn farmers. They are suffering because there has been no rain," he said. "They need about 100 sacks of rice and noodles for more than 400 people."

Source: http://www.ucanews.com/news/indonesia-christians-answer-timor-leste-appeal/76679

Raising the living standards of Timor's poorest people, farmers and fishers

ABC Radio Australia - July 14, 2016

Sarina Locke – For a Timorese family, owning a cow is a luxury and owning a herd of cattle is a sign of wealth. Most of East Timor's cattle are skinny and riddled with parasites and diseases.

Chronic malnutrition is holding back growth in East Timor, with more than 40 per cent of its population living below the poverty line.

The population is hungry for more protein, either beef or fish, international aid projects; building roads, improving agriculture, and lifting food production.

Raising better cattle

Liquica is an hour outside Dili, where a group of farmers gather to discuss new cattle fodder: a tree crop called leucanena. The wet season failed, but the leucaena crop was highly successful and is a good source for food for herds.

Eric Thorn-George heads up a project for the Australian Centre for International Agricultural Research that aims to enhance smallholder beef production.

According to Mr Thorn-George, the right feed can mean a six-fold increase in weight-gain of cattle. "We've been feeding them leucaena tree legume and they can put on 600 grams a day, fed straight leucaena," he explained.

"That's compared to just 100-200 grams a day [weight gain] in the jungle." "Before it was difficult, because we had to walk a long way to cut the fodder," one farmer said.

According to Mr Thorn-George, being able to increase weight of cattle quickly can mean huge lifestyle changes for farmers.

One farmer called Angela said the extra money from fattened cattle can pay her children's school fees, improve the house and have family celebrations.

New cattle markets

Butchers will pay $2.70 per kilogram live-weight for an animal that is over 250 kilograms, according to Mr Thorn-George. "Now the farmers know that if they farm an animal, feed it well, get it fat, they can get a better price," he said.

Farmers want to find higher paying markets that pay better than the street hawkers with dripping red meat on poles. Two new butchers have opened up in Dili, with hopes of meeting this demand.

Timorese butcher Carlos Sequera was raised in Melbourne, but has returned home to Dili to be part of the development.

"I came home to do something useful for the country, to help show Timorese who were still doing it the Indonesian way," Mr Sequera said. "The business is getting better, I'm killing three cattle a day. You wouldn't be cutting that much in Australia in a small shop like this!"

Mr Sequera barely sleeps and has lost weight, as he displays an urgent energy. "I'm stressed out, I work seven days a week. I guess I love what I'm doing," he said.

Protecting the reef

For a country almost entirely surrounded by water, East Timor's fishing industry is almost non-existent. Timor's deep oceans are plundered by foreign boats, its coral reefs are damaged and overfished, and there are few inland fish farms.

Protecting the ocean is a high priority for residents of Atauro Island, north of Dili. World Fish, the international agriculture research body, has a tilapia fish farm project inland, and supports a local initiative to save coral reefs off Atauro Island.

World Fish researcher and fellow from Australian Research Council Centre of Excellence for Coral Reef Studies, Dr David Mills, is working in East Timor to protect the reefs. "Surprisingly Timorese only consume about six kilos of fish, per person, per year," Dr Mills said.

"Compare that with 17 [kilograms], which is the global average and 27 [kilograms] in Indonesia. They desperately need to: children here are stunted. They don't grow properly due to nutrition problems. "The nutrition fish can offer can be very beneficial," he said.

According to Dr Mills, the low intake of fish in East Timor is due to cultural norms and a low capacity to fish, with poor resources available. "Sardines are probably the most important for food production now, with their short life cycle they are sustainable," Dr Mills explained.

"They're eaten whole, so when you eat the bones you get calcium, when the brains or eyeballs are eaten there's vitamin A and zinc: extra nutrients that are desperately needed in this country."

"We won't notice the difference now, but in the future our grandkids will see the difference, there'll be a lot of fish in this protected area," one fisherman said.

[Sarina Locke travelled with the not for profit Crawford Fund, with the Food Security journalism Award.]

Source: http://www.radioaustralia.net.au/international/2016-07-14/raising-the-living-standards-of-timors-poorest-people-farmers-and-fishers/1598776

Food inspection service criticized for not working effectively

Dili Weekly - July 14, 2016

Paulina Quintao – Concerns have been raised about the effectiveness of the National Directorate for Food and Economy Inspection as food products continue to be sold past their expiry date.

National MP Jorge da Conceicao Teme called on the Ministry of Commerce, Industry, and Environment (MCIE) to implement more regular controls, adding that consuming may cause harm to people's health.

"I am not an investigator, but they (shops) still sell food past the expiration date such as chicken, sausages, canned goods, and processed meat," he told National Parliament.

As a representative of the people, Teme said he was concerned that as many Timorese people did not know how to read, they may unknowingly consume food past its shelf life without realizing the impact it could have on their health.

"I had a drink at a hotel [and] the waiter brought me a Wasabi (drink), and I saw the expiration date was June 2015, but they were still selling it to the consumers, that is the problem," he said.

He said consumers had the right to access quality products and therefore the government had an obligation to control food imports and ensure food safety.

In response to the issue, General Inspector Ernesto Monteiro acknowledged that the inspection service was not functioning effectively due to a lack of human resources.

He said inspections were carried out in stores and restaurants during working hours from Monday to Friday.

He also called on communities to show inspectors any food they purchased past the expiry date, so that the matter could be investigated according to the law. He said staff would soon conduct routine inspections at stores in municipalities across the country.

Source: http://www.thediliweekly.com/en/news/capital/13910-food-inspection-service-criticized-for-not-working-effectively

58 stores identified selling food past expiry date

Dili Weekly - July 14, 2016

Paulina Quintao – The National Directorate for Food and Economy Inspection has identified 58 stores in Dili selling food past the expiry date in the last six months up until June.

Most of the stores in question were foreign-owned. The inspections were conducted under law decree no. 23/2009 implemented to ensure food safety for consumers.

Head of the Juridical Cabinet Antonio Nunes said sanctions were imposed was to warn and remind them to sell safety and quality food products to the consumers. "During these inspections, we collected $3,000 from companies and this was then deposited into the state's coffers," he said at his office in Matadoru, Dili.

Of the 58 stores identified, two foreign-owned stores are currently being prosecuted after ignoring the notification issued by the general inspection and continuing to food products past their expiry date.

The companies involved are facing fines of between $1000 and $10,000. Last year, 148 stores and restaurants against the law and we collected $18,000 in state revenues, he said.

Meanwhile, National MP Jorge da Conceicao Teme said Parliament had approved the consumer protection law and it was currently being considered by the President. Parliament also plans to conduct a comparative study on the implementation of consumer protection law in Indonesia.

Source: http://www.thediliweekly.com/en/news/news/13912-58-stores-identified-selling-food-past-expiry-date

Land disputes & evictions

Xanana: government to blame for illegal building on protected land

Dili Weekly - July 26, 2016

Venidora Oliveira – Communities are continuing to build houses on protected land, even though it has been banned by the government.

National MP Fernanda Lay said the fourth constitutional government had already identified environmentally sensitive land for protection and asked communities not to build homes in these areas.

"In Tasitolu and Areia Branca people are continuing to build their house on the [protected] areas and the government should control it," said Lay. She said that unless the government enforced the law better communities would continue to build homes and it would cost the government a lot of money.

Under Timorese law, the government is obligated to pay compensation to communities to cover relocation costs, even if the homes were built illegally. "In the future we will spend a lot of money for that because it is not easy to ask communities to leave," said Lay.

Based on her personal observations, she said the law was not being implemented effectively and government controls were weak. "So far the government is not serious about taking action," she said.

In response to the issue, Minister for Strategic Planning and Investment Xanana Gusmao acknowledged that the government was to blame for the lack of proper controls. "I must agree that this is our mistake," he said.

He said one of the problems was that there was a lack of coordination between the government and the xefe sukus (village chiefs) about how to protect sensitive land.

"We don't have good controls," he said. However, he promised to resolve the issue, so that the government would not have to pay a large amount of compensation in the future.

Source: http://www.thediliweekly.com/en/news/capital/13931-xanana-government-to-blame-for-illegal-building-on-protected-land

Criminal justice & legal system

1143 cases resolved in mobile court

Dili Weekly - July 14, 2016

Venidora Oliveira – Timor-Leste's mobile court has resolved 1143 cases since being established in 2010, representing significant progress, according to the Timor-Leste Country Director of United Nations Development Program (UNDP), Claudio Providas.

He said the mobile court was set up with the aim of improving access to formal justice for communities in rural areas. "It means that rural communities can also have access to justice," he said.

Providas said UNDP also provided human resources and other equipment to the mobile court. "We (UNDP) facilitate the experts for transferring the skills to the national court," he said.

He said stability would be improved throughout the country if all people had access to justice. "It is for country's stability, therefore the UNDP and other judicial institutions are bringing justice to the people," he said.

National MP Anna Ribeiro said the mobile court was helping vulnerable people who otherwise may not have had access to justice. "They have no money to go to the municipality court and [so] this mobile court can help them," she said.

She said the fact that 1143 cases had so far been resolved through the mobile court showed that there was enthusiasm among communities for formal justice.

Source: http://www.thediliweekly.com/en/news/news/13906-1143-cases-resolved-in-mobile-court

Foreign affairs & trade

Timor Leste is PIDF newest member

Fiji Times - July 19, 2016

Ruby Taylor – The Pacific Islands Development Forum (PIDF) has welcomed Timor Leste as part of the growing country members of the forum.

This followed the signing of the instrument of accession by HE Hernani Coelho da Silva, Foreign Affairs Minister of Timor Leste on July 14, signalling their formal admission to the PIDF Charter.

According to a media release from the Pacific Island Development Forum Secretariat, Timor Leste now becomes the 13th member of the PIDF (11th member state).

The signing ceremony was held at the PIDF Leaders' Summit in Honiara, Solomon Islands and witnessed by Pacific Islands Development Forum Secretary General, Mr Francois Martel and all PIDF members.

"With Timor Leste joining as our newest member, the vigour of our collective Pacific voice has gained momentum so we can continue to raise the profile of the Pacific realm globally and to ensure that "no one is left behind", said Secretary General Martel.

The other PIDF members are: Fiji, Kiribati, Republic of Marshall Islands, Federated States of Micronesia, Nauru, Solomon Islands, Tonga, Vanuatu, Tuvalu, Tokelau, Pacific Island Association of Non-Governmental Organisation (PIANGO) and the Pacific Island Private Sector Organisation (PIPSO).

Source: http://www.fijitimes.com/story.aspx?id=363084

Analysis & opinion

The PCA ruling, Australia and Timor-Leste

The Interpreter - July 20, 2016

The Hague tribunal decision last week in the South China Sea case will have far reaching implications, finding that any 'historic rights' China claimed within the Exclusive Economic Zones (EEZ) of other states were extinguished by UNCLOS itself, and China's subsequent ratification of the treaty in 1996.

Despite some claims to the contrary, China's stated refusal to accept the decision does not signal that the UNCLOS framework is unsuitable to solving complex maritime disputes. On the contrary, as Robert Beckman, head of the Ocean Law & Policy Programme at the NUS Centre for International Law argues, this authoritative decision will likely influence government legal advisers and negotiators for years to come.

While some commentators now urge consideration of ASEAN as the multilateral body to address the dispute via negotiations, Beckman considers the decision to be a 'game changer' likely to reinforce the current positions of ASEAN parties to the South China sea dispute, including Indonesia, which can now be expected to assert that the decision applies to their own EEZ claims. As such, evolving international jurisprudence will clearly frame and delimit any future multilateral or bilateral negotiations. This highlights the reality that while negotiations will always be a vehicle for settling boundary disputes, such negotiations should take place within the framework of international law.

While China has said that the Tribunal had no jurisdiction, the process was not entirely one-sided. The Tribunal was at pains throughout to ensure that China was informed via its embassy to The Netherlands. China also made its positions known throughout the proceedings in a variety of ways, and the Tribunal openly stated that it factored China's positions into its deliberations. It is too early to conclude definitively on the impact of this landmark decision, as China needs to be given time to absorb and reflect upon the findings. China will have to decide if it wants to be part of the rules-based order that UNCLOS frames, as its ratification of treaty and its stated positions and actions in international fora have often suggested.

Timor-Leste has been quick to note that Foreign Minister Julie Bishop's call for China to respect an international rules-based order is at odds with Australia's persistent refusal to negotiate maritime boundaries with Timor-Leste. This refusal was made more complete by Australia's withdrawal from the UNCLOS dispute mechanisms shortly before the restoration of Timor-Leste's independence in 2002. This move was clearly an effort to avoid the increasingly strong presumption of a median line boundary in international law. The Australian government is playing a two-step on the issue, urging China to respect international law describing the verdict as 'final and binding' while refusing to abide by an independent umpire in maritime boundary dispute with Timor-Leste. If Australia wants to model good international citizenship to the region, it should reinstate its recognition of the jurisdiction of the International Court of Justice, and the International Tribunal of the Law of the Sea, for maritime boundary delimitation.

While Stephen Grenville urges the South China Sea parties along the path of negotiated settlements like CMATS, the 2006 treaty, which seeks to delay a maritime border determination for 50 years, is hardly a model for the rest of the world to follow. CMATS remains inoperative as a resource sharing agreement, some nine years after its signing. Timor-Leste considers CMATS void due to its claims that Australia spied on its negotiation team in 2004, and is therefore tainted by bad faith.

On 11 April Timor-Leste initiated a compulsory conciliation under UNCLOS that Australia has no choice but to go with, although the determination will be non-binding, and Australia is challenging jurisdiction. For these reasons, CMATS can hardly be held up to China and other claimants in the South China Sea dispute as a model for problem solving. It is not clear why The Philippines would heed Stephen Grenville's call to follow the CMATS model and jointly develop resources with China, when such resources are within their exclusive economic zone under international law. Closer to home, it is also possible that ASEAN could in future take a position on the Australia-Timor-Leste dispute that will not please Canberra.

Despite the Australian government's reaffirmation of CMATS in the wake of the UNCLOS decision, the Opposition's recent commitment to revisiting a maritime boundary in line with international law, and submitting to arbitration if it cannot be resolved, demonstrates how fragile this aspect of Australian regional foreign policy now is, lacking bipartisan support. This was probably the only major foreign policy difference between the two major parties. In light of the close election outcome, DFAT and its defenders can no longer pretend this remains a settled position of the Australian state.

As Beckman concludes, states concerned with the importance of a rules-based order for the oceans will emphasise that the award is final and binding, and call on China to act in accordance with it. We have already seen this position reflected in Minister Bishop's comments. But he also notes that states calling on China to abide by the decision will appear hypocritical if they do not 'first reflect on the implications of the award on their own claims and activities'.

Source: http://www.lowyinterpreter.org/post/2016/07/20/The-PCA-ruling-Australia-and-Timor-Leste.aspx

When petitions and protests aren't enough: what next?

New Internationalist Blog - July 1, 2016

Andrea Needham – What do you do when your government is selling weapons to a brutal regime? Weapons which are then used to attack civilians in a nearby country, killing thousands? When you've written letters and signed petitions and marched and rallied and protested in every way you can think of? When the government and the weapons company have fobbed you off, telling you they have 'assurances' that the weapons will not be used against civilians and that the sales are important for British jobs? What do you do? You disarm the weapons yourself: what else can you do?

This was the situation we faced 20 years ago, when the Conservative government was allowing – no, encouraging – the sale of British Aerospace Hawk warplanes to Indonesia, then engaged in a genocidal occupation of the tiny country of Timor Leste. The message was that British jobs were more important than foreign lives. We should just accept that it's way of the world, and move on. Nothing to see here, folks.

But I couldn't move on. These were British weapons, causing unimaginable suffering in a country which had already experienced years of murderous occupation. By selling weapons to Indonesia, the British government was condoning the 1975 invasion of Timor Leste, the occupation, the murders, the rapes, the mass displacements, the starvation – the deaths of some 200,000 people, one third of the population. I couldn't shut my eyes to this: my government, my responsibility to act.

So on a freezing January night in 1996, two friends and I crept towards the British Aerospace site in Lancashire where the Indonesian planes were being assembled. As part of a group of 10 women, we had spent a year preparing to disarm the planes – researching where the planes were kept, learning more about Timor Leste, making a detailed plan and, above all, dealing with our fears – fear of being hurt, of being in prison, of being away from our families, of being misunderstood. But now was the time to set those fears aside, and to act boldly for justice.

We broke into the factory, disarmed the Indonesian Hawk with hammers, and then waited to be found and to claim responsibility for what we had done. We were arrested and charged with some £2 million ($2.6 million) of damage. A week later, another friend was arrested for conspiracy. The four of us were refused bail and spent six months in prison on remand. At trial in Liverpool later that year, we argued that we should be found not guilty as we had been acting to prevent crime – that of murder in Timor Leste – as is allowed in English law. We were acquitted on all charges and made headline news, with some newspapers supportive and others demanding an enquiry into how the jury could have been 'allowed' to acquit us. It was a landmark victory for the peace and justice movement and shone the spotlight on our government's unsavoury relationship with the Indonesian dictatorship.

Twenty years on, a different (but not so different) Conservative government is promoting the sales of weapons to Saudi Arabia, for use in their war on Yemen. According to the UN, over 3,000 civilians have been killed, but Prime Minister David Cameron insists that the sales of weapons he has described as 'brilliant things' must continue in order 'to safeguard jobs and skills and investment by making sure we can sell these things around the world'. It's exactly the same argument as with the Hawks: jobs matter more than lives. Maybe it's time for another disarmament action.

Looking back now, I believe that what we did contributed in some tiny way to the ultimate goal of independence for Timor Leste – a goal which was finally achieved in 2002, although not before a lot more bloodshed. Ultimately, the continued resistance from the Timorese, together with extensive international solidarity – of which our action was just one tiny part – was too much for the Indonesian government. The game was no longer worth the candle.

I think our action, although 20 years ago, has really important lessons for progressive movements today. Given the scale of the threat, a similar action based on climate change – for instance, destroying fracking or coalmining equipment – could well lead to an acquittal like ours. As we found out, a jury who on the first day of the trial had almost certainly never even heard of Timor Leste were able to reach the right decision when they were given all the information. Now, more than ever before, we need to take bold action for peace and justice.

For more information and to buy the book: https://thehammerblowblog.wordpress.com/

Source: https://newint.org/blog/2016/07/01/civil-disobedience-for-peace/