SRSG's briefing to the Security Council

23 Feb 2011

SRSG's briefing to the Security Council


Dili, 23 February 2011 -

Briefing to the Security Council by
Ms. Ameerah Haq
Special Representative of the Secretary-General
22 February 2011


Madam President,
1. Thank you for the opportunity to introduce the report of the Secretary-General on the United Nations Integrated Mission in Timor-Leste (UNMIT), covering the period from 21 September 2010 to 7 January 2011. I would like to acknowledge the presence in this chamber of Prime Minister Kay Rala Xanana Gusmão. Under his leadership, as well as that of President José Ramos-Horta and other leaders, Timor-Leste has continued to progress, both in advancing peace and stability and in promoting development. I would also like to acknowledge the presence of the Vice Minister for Foreign Affairs, Alberto Carlos, and the Secretary of State for Security, Francisco Guterres.
2. The Secretary-General's report notes that the security and political situation in Timor-Leste continues to be stable. With the responsibilities of PNTL gradually increasing, overall crime rates have remained low and do not indicate any political-related violence, thus reflecting a general desire for peace, stability and unity at all levels of society. While the AMP Government coalition and opposition parties have their differences, as is common in any multi-party democracy, they continue to channel these differences through established democratic institutions and processes. Timorese leaders, at the national, district and community levels and across the political spectrum, while recognising that there are still significant challenges ahead, including the presidential and parliamentary elections planned for 2012, are optimistic that the current peaceful situation can be maintained through the end of 2012 and beyond.
3. I share this optimism that Timor-Leste's progress can be maintained if all political leaders and the broader public continue to act in a responsible manner and the security situation remains stable. This is a sentiment that I hear voiced by people residing in the neighbourhoods of Dili as well as in villages outside the capital. They have concerns, of course, particularly regarding unemployment and poverty which remain high and widespread, but there is a hope that ongoing socio-economic development efforts will help tackle these conditions. Meanwhile, the capital, Dili, has become a city bustling with commercial activity, which is a stark contrast to just two or three years ago. I would like to congratulate the leaders and people of Timor-Leste for these positive developments.
Madam President,
4. As regards policing, the completion of resumption of primary policing responsibilities by the PNTL in all districts and units is on the horizon, and I am confident that this process can be finalized in the coming months given the continuing commitment of the Government and the PNTL. Since the report's closing date of 7 January, the joint Government-UNMIT team that reviews the readiness of districts and units has recommended Bobonaro and Covalima districts and three additional units, including the Department of Justice (which is responsible for police disciplinary investigations), for resumption. Only Dili district, which continues to face challenges in meeting the mutually-agreed criteria, and three other units, are pending further assessment.
5. Once the PNTL has resumed primary policing responsibilities in all districts and units, responsibility for the conduct and the command and control of all policing operations in Timor-Leste will move from the UNMIT Police Commissioner to the PNTL General Commander. This will signal a new phase in PNTL's development - the beginning of the reconstitution phase, during which UNMIT police will primarily focus on further institutional strengthening and capacity building of the PNTL. This phase will be critical to ensuring the PNTL's readiness and ability to guarantee public security throughout the country in advance of the eventual withdrawal of UNMIT. The reconstitution phase will be governed by arrangements set out in an exchange of letters, the broad principles of which have been agreed to, and which will be signed by the Prime Minister and myself.
6. As mentioned earlier, the reconstitution phase will mark a shift in the responsibilities of the UNMIT police. One of UNMIT's critical tasks will be to help ensure that the PNTL establishes itself as a professional and impartial national police service which enjoys the trust of the Timorese people and is capable of guaranteeing public security, with due respect for human rights and the rule of law. The performance of the PNTL during the reconstitution phase, including the crucial period of national elections in 2012, and future assessments, will determine when full reconstitution can be declared.
7. It is indeed promising that, to date, there have been no significant spikes or increases in incidents of violence in districts where PNTL has resumed its role. However, I remain concerned about the continued high levels of domestic violence and sporadic fighting incidents among youth groups and martial arts groups in the country. As the report of the Secretary-General notes, UNMIT and the UN country team are actively supporting the efforts of the Secretary of State for the Promotion of Equality and others to raise awareness of the Law against Domestic Violence among all segments of society. We also continue to emphasize the importance of a community policing approach in addressing these issues.
8. Working jointly with PNTL counterparts and relevant Government authorities, UNMIT police are already planning for the reconstitution phase to ensure that its support focuses on the five priority areas outlined in the strategic development plan of the PNTL for 2011-12 for its further strengthening: legislation, training, administration, discipline, and operations. As conveyed in my address to the Security Council on 19 October 2010, I once again encourage police-contributing countries to provide officers to UNMIT who can effectively transfer skills to PNTL counterparts in these focus areas. As regards the additional nineteen civilian expert posts within the UNMIT police component, I am pleased to report that eighteen candidates have already been selected.
9. One concern noted in the report of the Secretary-General regards final certification of the 199 PNTL officers with pending criminal or disciplinary issues. The report notes that, in a letter of 28 December 2010 to the Prime Minister and Minister for Defence and Security, the Secretary of State for Security communicated his decision to certify those 199 uncertified PNTL officers, a significant number of whom face serious disciplinary and criminal charges. While the letter also stated that those officers would not be exempt from any criminal or disciplinary liabilities if found guilty at the outcome of proceedings, I submitted a letter to Prime Minister Xanana Gusmão on 3 February in which I expressed the concerns of the United Nations about the Government's decision to certify the 199 PNTL officers, and noting its possible negative impact on the overall integrity of the PNTL. I also urged the Government and judicial authorities to take the necessary measures to resolve expeditiously all outstanding cases involving suspicions of human rights violations or criminal conduct. In making these appeals, I am convinced that the Government of Timor-Leste and UNMIT share the same goals for a professional PNTL that operates with due respect for the rule of law.
10. The Falintil-Forças de Defesa de Timor-Leste (F-FDTL) also continued to make further progress in the development of their human resource and institutional capacities, as reflected in the draft F-FDTL force development plan 2011-2015 and the new F-FDTL force structure, which envisages the recruitment of an additional 600 members that is currently ongoing. F-FDTL has also reached an understanding with the Government of Portugal to deploy officers to serve as part of a future Portuguese contingent to a peacekeeping operation. Similarly, two PNTL officers have been selected for deployment to the United Nations Integrated Peacebuilding Office in Guinea Bissau. These are laudable commitments by Timor-Leste to contribute to the United Nations' work to ensure peace and stability in other parts of the world. In addition, the UNMIT Military Liaison Group will continue to provide support to the F-FDTL in preparing officers for future liaison officer assignments.
11. One of the three F-FDTL members granted commutations of sentences relating to involvement in the 2006 shooting deaths of eight PNTL resigned in January. I am concerned that the remaining two continue to serve. Now that the F-FDTL plans to participate in international peacekeeping, it has an even greater responsibility to ensure the integrity and accountability of the Force.
12. As regards the wider security sector, Timor-Leste, as a sovereign country, continues to make advances in further developing the overarching legislative and policy framework for the sector as well as various regulations. Subject, of course, to further discussions with the Timor-Leste Government and the concurrence of the Security Council, I propose that, over the next two years, UNMIT concentrates on supporting the further strengthening and development of security institutions, in particular as regards training on human rights and gender issues, technical legislative drafting, strengthening disciplinary mechanisms, and facilitating sharing of best practices. I propose that continued assistance be provided to support civilian oversight institutions which are responsible for ensuring that the sector meets the needs of the people of Timor-Leste, such as the National Parliament, the Ministry for Defence and Security, and the Office of the Provedor for Human Rights and Justice. In the context of the joint transition process, UNMIT and UNDP are also exploring, together with the Government, possible joint programmes to support various areas of the security sector, which would depend on funding becoming available.
Madam President,
13. On 28 January, the National Parliament approved the 2011 State budget after two weeks of debate, attended in its entirety by the Prime Minister. It includes various amendments proposed by Members of Parliament and totals $1.3 billion. On 12 February, the President promulgated the State budget law, after referring the proposed budget for judicial review and the issuance of a Court of Appeal opinion upholding its constitutionality and legality. The $1.3 billion budget represents a nearly ten-fold increase over the budget for the 2005-2006 fiscal year. The increasing amounts available to the State from its petroleum resources are one of the most striking changes that Timor-Leste has experienced over the years. They are a huge State resource available for investment in the future of the people of Timor-Leste.
14. As the State budget increases, though, there is a need to ensure adequate governance practices to ensure effective budget implementation, including in such areas as procurement and auditing. It is also important that adequate resources are allocated in critical social sectors, such as education and health, and for vulnerable groups, including women and children. Investment in human capital, particularly for the youth, will improve the lives of the population and provide increased economic dividends down the road. Adequate investment in rural areas, where about 80 per cent of the population reside, and a focus on increasing employment opportunities for the youth, will bring more equitable benefits and increased stability. I welcome that the National Parliament increased, by $1 million, allocations to the 2011 State budget for various initiatives to combat domestic violence, including support to vulnerable persons and victims of domestic violence. The Government readily agreed to these proposed increases, a demonstration of the widely-shared commitment to address this troubling issue.
15. The Government is aware of the challenges associated with an expanding budget and continues efforts to address them. I hope that new and ongoing initiatives, such as the National Development Agency and programmes focused on district -level development, will further Government efforts to guarantee responsible spending. I also hope that investment in social and rural sectors will be taken into consideration by the National Parliament when it examines the draft National Strategic Development Plan. Increased focus on these areas will also facilitate achievement of the Millennium Development Goals (MDG). This year, the Government will initiate the MDG Suco Fund, an innovative approach of delegating and empowering people at the village level to assist in achieving the MDGs. Preparations are underway for the next National MDG Steering Committee Meeting scheduled for early March. I hope that these measures will contribute to enhancing strategies to meet MDG targets, particularly those relating to nutrition, child health and maternal mortality. At the same time, significant progress has been achieved in other areas, with Timor-Leste having already met MDG targets for reduction of infant and under-five mortality and to ensure antenatal care coverage. The country is also on-track to achieve the MDGs in such areas as primary school enrolment, proportion of births attended by skilled health personnel and access to safe drinking water.
16. As already mentioned, one of the main political challenges ahead are the national presidential and parliamentary elections in 2012. Electoral management bodies have demonstrated increasing capacity over the years. However, the Government has indicated that it would require continued United Nations electoral support through the 2012 elections, although less than was needed for those in 2007. The nature and extent of this support was reviewed by a needs assessment mission conducted by the Department of Political Affairs' Electoral Affairs Division and UNDP from 7 to 17 February. Continued electoral support through the integrated UNMIT and UNDP election support team (UNEST) will contribute to credible elections, as has been discussed in the context of the joint transition strategy. Such assistance will require further donor support.
17. On 14 February, the National Parliament once again voted to postpone discussion of the two draft laws on reparations and on a follow-up institution (the "Institute of Memory") to the Commission for Reception, Truth and Reconciliation (CAVR) and the Commission of Truth and Friendship (CTF). I encourage Parliament to resume discussions on these important initiatives as soon as possible. In this connection, I note that the Working Group on Enforced or Involuntary Disappearances, which concluded an official mission to Timor-Leste at the invitation of the Government on 14 February, referred to these draft laws as "important steps in the implementation of the CAVR/CTF recommendations". It also considered the proposed establishment of the Institute of Memory as "a major step forward in truth recovery."
18. On 27 and 29 January, Timor-Leste successfully hosted the fifth meeting of the ASEAN Regional Forum of Experts and Eminent Persons, co-chairing the forum with Thailand. In his keynote address at the meeting, Timor-Leste's Foreign Minister indicated that the country was in the process of making a formal application to become a member of ASEAN. Indonesia's support for Timor-Leste's desire to join ASEAN during its presidency in 2011 reflects the continuing good relationship between the two countries. I would also like to recognise the continuing contribution of the international security forces of Australia and New Zealand, with which UNMIT continues to enjoy good cooperation.
Madam President,
19. On 1 February, the meeting of the High-Level Committee on Transition, hosted by the President, was attended by Government and UNMIT delegations respectively led by the Prime Minister and myself. The Government designated the Deputy Prime Minister as its overall focal point for the transition, as well as its remaining focal points for the seven technical working groups. As agreed at that meeting, a transition plan is being jointly drafted with the Government. Discussions at this meeting focused on justice, rule of law and human rights as well as on the economic impact of UNMIT's withdrawal and on training programmes which UNMIT have established for its national staff. The Committee agreed on the technical assistance desired by the Government from UNMIT over the next two years. The Government also agreed that a session of the next Timor-Leste Development Partners Meeting in July will be devoted to a discussion of the transition plan. This will be an important opportunity for bilateral and multilateral partners to present their views on the plan as well as to obtain further information on Timor-Leste's requirements through the transition period and following UNMIT's departure which can feed into their own assistance plans.
20. The focus of the transition period is on capacity-building and other measures to support the further strengthening and development of Timorese institutions, particularly in regard to the priority areas of UNMIT's mandate: democratic governance; the rule of law, justice and human rights; the security sector; and socio-economic development. UNMIT is also redoubling its efforts to further develop the capacities of its own national staff, and staff in key offices within State and Government institutions to further enhance their capacities to make continued meaningful contributions to the development of Timor-Leste. Given the strong commitment of the Government of Timor-Leste to the transition, our aim is ensure a smooth and successful UNMIT withdrawal, which hopefully can also serve as a best practice for other peacekeeping missions.
Madam President,
21. Timor-Leste is now entering a period which will be an important indicator of the durability of advances made since 2006, particularly in the security sector as PNTL becomes responsible for its own command and control arrangements. However, there will also be other tests in the period of the run-up to the 2012 elections. Leaders of political parties will need to continue to responsibly express and deal with their differences through democratic institutions and processes. Access to the justice system needs to improve so that all segments of the population