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Xanana Gusmao's address to the nation

Source
Dili - June 12, 2002

Dear Fellow Citizens,

We have been independent and masters of our destiny for 23 days. Yet, it is somewhat ironic to feel as masters of our destiny without a corresponding feeling of change.

One may think that in such a short period of time there is not much to be said. Nevetheless, we ought to know that there are issues that if not dealt with now may become problems that will impact on our society.

For most, the fundamental issue of concern is security. I have been asked by some to travel to Wailili to solve problems involving violence and shooting.

People are concerned with the "ex-Falintil", with the "isolated Falintil", with the "Association of Former Falintil Guerrilla Fighters", with CPD-RDTL and "new forces" which, some say, even are in possession of weapons.

Before elaborating on this, I should clarify that there is confusion about Veterans Associations. I wish to inform the People that there is the Association of Veterans of the Resistance (AVR) which encompasses members of the former clandestine network, namely the so-called 'caixas' (couriers) and, there is the "Foundation of Falintil Veterans", led by Brigadier General Taur Matan Ruak, which we believe is promoting the well-being of all Falintil veterans.

Later, a new "Association of Former Falintil Fighters" emerged, under the auspices of the present Minister for Internal Administration, Rogirio Lobato, who notes that its establishment is enshrined in the Statutes of Fretilin.

Before 20 May, on 6 May, a meeting was held between the leaders of our country to discuss issues regarding the security of our independence commemorations. During the meeting it was also decided that a Commission was to be established and to include ETDF, Commander L-7 and Mr. Rogirio Lobato to decide on the criteria to define "the ex" or "former fighters" or even "Veterans".

It is in this context that I publicly urge all whom hold responsibility for this to act on this issue and to ensure that our People may live in peace and tranquility. When problems arise, meetings are held to discuss them but then problems fade away within the meetings. Eventually our population suffers the impact of the irresponsibility of individuals and even of bodies within the state apparatus.

Another matter frequently discussed by everyone relates to the RDTL and its political position that misleads the People and creates an unstable environment. Just as I urged Fretilin, I wish to urge all for contacts to be established for an open dialogue between Fretilin and CPD-RDTL. Radical stances taken during the past two and a half years of transition, are still having a negative impact on our population and I can not accept that we are all made responsible for the CPD-RDTL problem because this avoids to finding a solution to the problem. There is need for more dialogue, we must sow a culture of reconciliation otherwise, everything will sound false, that is if we do not promote dialogue in our midst for the reconciliation between groups or associations, whichever their nature.

Dear fellow compatriots,

the third issue I wish to raise is the question of Amnesty. I should make it clear that when we speak of amnesty there are two concepts that must be identified. One is the concept enshrined in the Constitution and the other is the one I explained during the electoral campaign.

The draft law on Amnesty and Pardon was prepared as a tribute to Independence Day and to be adopted during the Special Parliament Session held on 20 May. The draft law has not yet been passed because Parliament members considered it untimely to discuss it on that day and have been too busy debating Rules of Procedure since then; it is clearly stated in the draft that amnesty will be granted to all those who were involved in violent acts at the exception of manslaughter and homicide. This means that this draft law does not comprise those who killed, raped or even caused physical injury.

The second concept, as I defend it, will have to emerge as the outcome of a debate within society, the result of discussions with political parties, with the government, with Parliament and with other interested parties to reach a national consensus, so that, upon request, Parliament may give the President of the Republic the capacity to promulgate such a law. I wish to ask you not to be confused with the two concepts of Amnesty and later we will have plenty of time to elaborate on this.

My Dear Fellow Citizens,

I have just touched on three key issues that have deserved our remarks as well as our concern.

I wish now to turn to other very important issues, that must be raised at this point in time to further clarify things and enable a better understanding of these first few months of independence. I wish to address you on the institutions of the State.

As you all understand it is up to the government to design and implement policies. The government will have five years to govern. We have all praised the donor countries for having pledged more than we expected for the implementation of government programmes during the first three years. However, we must all be aware that funds pledged for programmes to be implemented during the first year will only come into effect as from 1 July. As you know, our fiscal year runs from 1 July to 30 June. This is confusing for us but, hopefully, in the future we will re-arrange things so as to have a more adequate definition of the fiscal year and better adjusted to our understanding, cultural background and history.

For these reasons, we should restrain from expressing disapproval or frustration and award the government time to fulfil its programmes. We must be realistic and, as East Timorese, not make demands beyond our capacity to achieve that which we really yearn for.

Some may ask me "... but for how long; how long must we wait for?" It is a hard question to answer. I suggest that for this first phase we give the government six months. It is a period of time necessary for us to understand if the government is doing something, or not, for the good of the country. I would also add that, in a second phase, an extra six months be given so that we may assess if the government programmes for the first year have been implemented or not and if they have been well planned and managed.

In a democratic society, the people and the society as a whole monitor government activities in general. This monitoring covers the action of the government. And to be able to monitor, both the society and the people must be knowledgeable of the government's programme. The people must know which is the government's health policy; the people want to know which is the policy on education so that the Ministry of Education does not focus its work solely on statistical data on schools, pupils and teachers. Likewise, we must know which are the programmes for development, agriculture, tourism, fisheries, infrastructure and so forth.

It is, therefore, important that the Government ensures a regular flow of information from its agencies to the people and vice-versa. During the UNTAET period the Council of Ministers held meetings in the districts. I do not know if such meetings were fruitful or not. What is really important is that a permanent mechanism of communication is established so that the society and the people are aware of the efforts, difficulties and successes as well as of the mistakes.

However, to enable this, the media (radio, television and newspapers) must work with proficiency and professionalism so as to bridge the gap between the people and the power structures. To that end, the government and civil society must pay due attention to the media and guarantee its independence and freedom of speech!

Dear Fellow Citizens,

allow me to elaborate on the Parliament. Although the Constitution was adopted, unfortunately, we are still dependent on all the Regulations that were inherited from UNTAET. Because we wanted to become independent on 20 May there was not enough time to draft all, or most, of the legislation that should be adopted shortly after the well-known and historical date of May, 20.

Proof of this is the fact that our Parliament is still discussing its own Rules of Procedure required for its institutional functioning. The people must know that our state institutions are working on provisional grounds. The government does not yet have its basic organisational law neither does the Presidency. Parliament is still to make a decision on which institutions are to pass Acts, Laws, Decrees, regulatory decrees, and so on. The Parliament is yet to vote the Government Programme and the State Budget for the first fiscal year and, without it, nothing will function and the disbursement of pledges will not be made.

In my address to the Special Parliament Session on 20 May, I reminded members of Parliament that although we have a Constitution passed by them, the process of governance will not move ahead without basic structuring laws to rule the functioning of the institutions.

Unfortunately, the lack of quorum in two Parliament sessions has hindered the adoption of resolutions. Parliament still has the same numbers of members and today's MPs are virtually the same members of the Constituent Assembly. The lack of dedication to work is a huge lack of responsibility before the People. Secondly, it seems that most members of Parliament consider their main arm-raising mission accomplished as the Constitution was adopted and, therefore, afford to abstain from attending now.

For this reason, the government anticipates the adoption of decrees and we all experience a situation of doubt and indecisiveness. It has become common today to hear solemn expressions such as "distinguished" and "honourable" when members of Parliament address their peers. However, if MPs do not become aware the engine has stopped running because they are absent or not committed to their work they will cause a legitimate impression in society that Parliament is in need of more capable people, able to meet the demands of the process.

We are initiating a democratic system in our country and democracy can not be built on political compromise in the fore-mentioned meaning. Democracy is established with the commitment of all so to enable it to flourish in the society as a whole.

Therefore, I urge the government and Parliament to establish a mechanism to consult our society on legislation to be adopted so that, as it comes into effect, it may be accepted with an open mind as well as understood. This is important for participative democracy where the decision-making process and the legislation meet the needs of the country and respond to the yearnings of the people.

Otherwise, there will be clear demonstrations of disapproval as it is happening with government directives on property eviction. A careful assessment must be made for decisions to have legal grounds. Many people are asking to whom did Portugal hand over real estate in 1975? To whom did Indonesia hand over real estate in September 1999?

On which legal grounds is everything being considered as State property? Are there not other forms of handing over houses more consistent with the economic situation that people are experiencing? Is it not possible to set deadlines on a case-to-case basis? These questions are being asked by our society and the government will have to address.

Dear Fellow Citizens,

The judicial system is another sector I wish to elaborate on. We are all aware of the problem regarding the status of judges and prosecutors. We all know about the recent problem in the Becora prison in which many were injured, two of them rather seriously, amidst prisoners, police officers, Civpol and even GNR officers.

Parliament and political parties must look into this problem as a serious one and understand that Parliament does not value itself because of the number of members it has but rather because the people demand dedication, quality and political sensitivity in its proceedings.

I urge judges and prosecutors to continue their work lawfully and gain a greater sense of responsibility and a clearer notion of the process to establish a professional and competent Justice system for the future and to ensure the much-needed independence of this institution. In this field, there is no such thing as enough debate or discussion and information as well as on-going dialogue are most necessary to balance different perceptions.

The other institution I wish to refer to is the Presidency of the Republic. For two years we all contributed in one way or the other to prepare the government structure. Notwithstanding, the Presidency is still undergoing its structuring. There are only three people working and hardly any conditions. We have drafted the Organic Law for the Presidency and, once ado

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