STATEMENT BY ANICETO GUTERRES, LEADER OF FRETILIN PARLIAMENTARY GROUP ON THE OCCASION OF THE SHUTTING DOWN OF DISCUSSION OF THE GOVERNMENT PROGRAM ON 15 TH OF SEPTEMBER 2007.
Mr. President of the National Parliament, Excellencies
Illustrious Deputies
Whole of the People of Timor-Leste
There are many issues that we the FRETILIN Parliamentary Group have raised through our preliminary statement, and through the statements of many of distinct members of parliament. However, we have still not received any answers or explanations from this government. Many important issues raised have just simply been ignored.
I would like to again raise some issues, and I apologize for any repetition, regarding this program; a program that his Excellency Mr. Xanana Gusmão himself has acknowledged is like a political declaration of intentions. The whole of the People of Timor-Leste are awaiting the answers and clear explanations on the following issues:
1. There is no clear intention on the part of this government to give a guarantee of the free health services to the People. This government also does not have a clear policy with respect to the rights of children to have access to free basic education, they speak only of primary education.
We also do not know whether this government will continue to provide school feeding, which has been undertaken by the previous government. Sections 57 and 59 of the Constitution, already guarantees to each and every citizen their right to free health services and universal basic education in accordance with the ability of the State to deliver these services.
But on the other hand, the Government wants to payout pensions, subsidize and provide social assistance to the poor, the aged and the vulnerable. This means that this government has every possibility to continue to provide free health services to all of our people, as it can also with free education to all of our children.
What does this then mean? Does it perhaps mean that there is a political intention to privatize health and education services?
2. In the area of justice, our Member of Parliament Domingos Sarmento has already raised an important issue to which he has still not received a response, regarding the establishment "coordinating structures" and joint planning for human resource administration policy in the judicial system.
Previously in Indonesia, Soeharto created a structure that was very much like this none, which was named by the acronym Mahkejahpol or Dilkejapol (Courts, Ministry of Justice, Public Prosecutor and Police), used to control and influence the justice process in the interests of the regime. He used the very same reasoning as this government's, which is to coordinate, harmonize and undertake joint planning. In practice the intelligence agencies were also all involved. This way, Soeharto used this structure to create total dependency by and influence over the courts and prosecutors, from the bottom up to the top, starting from the recruitment of judges and prosecutors to when they made their decisions. In Indonesia they have now abolished this structure; they have thrown it out.
It is exactly with the same intent, with only minor differences, that the current intentions will involve the Superior Council for the Judiciary and the Superior Council for the Public Prosecutors, because in Indonesia, institutions such as these did not exist.
It is from this that a structure such as that in line with this government's thinking, will be even more dangerous, and potentially prejudicial to the very important principles of the independence of the judiciary and impartiality of the courts.
Finally, it may also threaten the separation of powers, which has become fundamental in our country. If we then look at the connection between this with the fact that His Excellency Mr. Xanana Gusmão, as Prime Minister has accumulated many functions such as defence and security and other important functions, what sort of phenomena does it point to?
There are also some intentions from this government, to implement a policy of social control, mainly in the area of criminal justice, but because there has been no clear explanation, it has made us all very curious to know whether this is also to effect political control?
Still in the area of justice, this government has the intention to establish special courts. We ask special courts for what; we do not know? This is very idealistic and ambitious, but above all, when you refer to special courts, these are outside the categories of courts previewed in the Constitution of the Republic, therefore unconstitutional. Because of this there should be no dreaming of perform miracles.
Thank You.
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