Timor - Elections 2001
East Timor became a fully independent republic in May 2002, following approximately 2½ years under the authority of the U.N. Transitional Administration in East Timor (UNTAET). The country has a parliamentary form of government with its first parliament formed from the 88-member Constituent Assembly chosen in free and fair, U.N.-supervised elections in 2001. The 29-member Cabinet is dominated by the Fretilin Party, which won the majority of assembly seats. Mari Alkatiri, Fretilin's Secretary General, is Prime Minister and Head of Government, and Xanana Gusmao, elected in free and fair elections in 2002, is President and Head of State.
The Government generally respected the human rights of its citizens; however, there were problems in some areas. There were numerous reports of excessive use of force and abuse of authority by police officers. Prolonged pretrial detention was a problem. The rights to due process and to an expeditious and fair trial often were denied or restricted, largely due to severe shortages of resources and lack of trained personnel in the legal system; there also were reports of abuse of authority by government officials. It was not clear how many refugees or displaced persons wished to return to the country but feared reprisals from militias in West Timor or attacks and harassment by returnees suspected of being former militia members. Domestic violence against women was a problem, and there were instances of rape and sexual abuse. The country lacked the infrastructure to care adequately for persons with mental or physical disabilities. Child labor in the informal sector occurred, and there were reports of trafficking in persons.
East Timor made significant progress in establishing its institutions of democracy and governance in preparation for full independence which was scheduled for May 20, 2002; however, during its second year of independence from Indonesia, reconstruction and recovery from the September 1999 violence that ravaged the territory was a central focus of activity, and numerous problems remained. In a U.N. administered consultation vote on August 30, 1999, an overwhelming majority of East Timorese voted against autonomy (and, in effect, for independence from Indonesia), and in early September 1999, the U.N. Secretary General declared the ballot results to be "an accurate reflection of the will of the East Timorese people." As a result, in October 1999, the Government of Indonesia approved revocation of the 1978 Indonesian parliamentary decree that annexed East Timor, allowing for the establishment of the U.N. Transitional Administration in East Timor (UNTAET), which was mandated by the U.N. Security Council to establish a democratic government in East Timor. UNTAET continued to govern East Timor and the East Timor Transitional Administration (ETTA), and the National Council (NC) advised the Transitional Administrator throughout most of the year.
On August 30, elections were held to elect an 88-member Constituent Assembly, which is responsible for creating a constitution for East Timor. As a result of the elections, in September UNTAET established a new governing structure, the East Timor Public Administration (ETPA). ETPA consists of 10 ministries and 4 secretariats, all headed by East Timorese. The ETPA Cabinet was selected in consultation with the UNTAET Administrator and the newly elected Constituent Assembly. The Cabinet is dominated by members of Fretilin, the party that won the majority of seats in the Constituent Assembly, but includes some "independent" members who have affiliations to smaller political parties. Under UNTAET regulations, Indonesian law applies throughout East Timor, except in areas in which UNTAET specifically has repealed laws or superceded them with its own regulations. UNTAET regulations providing for an independent judiciary generally were respected during the year; however, the independence of the judiciary occasionally has been questioned.
UNTAET's mandate ended with independence, but a successor organization, the U.N. Mission of Support in East Timor (UNMISET), was established. The Constitution provides that "laws and regulations in force continue to be applicable to all matters except to the extent that they are inconsistent with the Constitution." Under this provision, many Indonesian and UNTAET laws and regulations remain in effect. Regulations providing for an independent judiciary generally were respected; however, the judicial system was inefficient and, at times, inconsistent.
UNMISET maintains responsibility and command of the U.N. Peace Keeping Force (UNPKF) and the U.N. Police Forces (UNPOL). On May 20, UNMISET ceded authority for maintaining internal security to the national police force (PNTL, or Policia Nacional de Timor-Leste) and external security to the national defense force (F-FDTL, or Falintil-Forca Defesa Timor-Leste). The UNPKF remained as a rapid response force and border patrol. UNPOL operations were limited to a small advisory unit to assist in the development of the PNTL. The PNTL is responsible to the civilian Minister of the Interior. According to the Constitution, F-FDTL is responsible to the Superior Council for Defense and Security, a civilian body headed by the President; however, at year's end, the Superior Council had not been established, and F-FDTL was supervised by the civilian Secretary of State for Defense. Civilian authorities generally maintained effective control of the security forces; however, there were a few instances in which members of the security forces acted independently of government authority. Some members of the PNTL and F-FDTL committed human rights abuses.
The country is extremely poor, with two-thirds to three-fourths of the population of 924,000 persons engaged in subsistence agriculture. Per capita gross domestic product was approximately $430. The majority of the population had basic shelter and sufficient food supplies. An estimated 70 to 80 percent of the country's infrastructure was severely damaged by the systematic scorched-earth campaign that Indonesian military and militia forces conducted in 1999 as they withdrew. The rural agricultural economy has recovered significantly, but the country remained dependent on imported food. Coffee remained the territory's only significant export. In 2002, the country concluded an interim agreement with Australia to share revenue from a portion of the potentially lucrative Timor Gap oil and gas region. Property ownership disputes and the lack of a comprehensive commercial code hindered investment and related long-term development. Urban unemployment and wage and price inflation remained significant problems. Most observers believed that the country would remain heavily dependent on foreign assistance for the next several years.
The Constitution provides citizens with the right to change their government peacefully through periodic elections. An estimated 93 per cent of the 425,000 registered electors cast votes on 30 August 2001 to choose an 88-member Constituent Assembly with the task of framing a Constitution in preparation for full independence in 2002. The 88-member Assembly, elected in 2001, was charged with writing a constitution, which was completed in 2002 and came into effect upon independence. Some observers criticized the provision under which the Constituent Assembly automatically became the Parliament and a parliamentary election is not required until 5 years after independence.
Corruption in the executive and legislative branch was not considered a significant problem; however, there were credible rumors of petty corruption at the nation's port. In addition, customs and border officials were suspected of facilitating the smuggling of gasoline, tobacco, and alcohol across the border from neighboring Indonesia. In March, a company filed a lawsuit against Australia, Indonesia and other parties, alleging the parties had stolen the company's right to develop oil and gas reserves in the Timor Sea. Included in the suit were accusations that senior executive and legislative officials in East Timor accepted several million dollars in bribes from a rival firm. The suit was ongoing at year's end.
The Constitution stipulates that all legislation, Supreme Court decisions, and decisions made by government bodies must be published in the official gazette. Failure to publish them renders them null and void. Regulations also provide for public access to court proceedings and decisions. In addition, rules governing the national budget and accounts ensure public access. The country's draft petroleum fund law was consistent with internationally acceptable principles of transparency and oversight.
There were 23 women in the 88-seat Assembly. Women held two senior cabinet positions--Minister of State and Minister of Finance and Planning--and three vice minister positions. One of the three judges on the Appeals Court was a woman. The country's small ethnic minority groups were well integrated into society. The number of members of these groups in Parliament and other government positions was uncertain. Both the Prime Minister and the Secretary of State for Defense were members of ethnic minority groups.
On 31 January 2002, the Constituent Assembly voted to turn itself into the country's first legislature. During its first term of office, the Parliament would comprise 88 members on an exceptional basis. Section 151 (Transformation of the Constituent Assembly) was passed with 65 in favor, 16 against and 2 abstentions after a nominal vote in which each member had to declare his position. In 2002, Xanana Gusmao was inaugurated as the first President, and, in accordance with the Constitution, the members of the Constituent Assembly were sworn in as the first National Parliament. Mari Alkatiri became the first Prime Minister of the country.
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