Church officials in Timor-Leste have joined those opposing a new law that allows the government to recruit foreign nationals to serve as public prosecutors and judges in the Catholic-majority nation.
Prime Minister Xanana Gusmao's government claims the law, passed on Feb. 24, aims at the long-term development of judiciary professionals.
Still, critics argue it is an infringement of national sovereignty.
"After more than 20 years of independence, we are still submitting ourselves to a form of colonialism," said Father Juvito do Rego de Jesus Araujo, the Episcopal Vicar for Pastoral Affairs of Dili Archdiocese in the national capital.
"While it is true that our magistrates are not yet sufficient in number and face linguistic challenges in conducting court proceedings, they have worked tirelessly to uphold the rule of law," the priest said.
A former Portuguese colony, Timor-Leste previously expelled Portuguese judges from its judicial system in 2014 under the government led by Gusmao.
Under the same leader, the new law proposes their return, prompting critics to question the implications for state sovereignty.
The opposition party FRETILIN voted against the law, arguing that non-Timorese magistrates would compromise the country's sovereignty.
"Only Timorese citizens should be allowed to oversee legal processes to ensure that there is no external influence," said a press communique released by FRETILIN on Feb. 25.
The recruitment of foreign legal professionals has not been entirely new since 2017. The Transitional Regime for the Recruitment of Non-Timorese Magistrates and Public Defenders order has permitted foreign legal experts to act as advisors and mentors.
However, experts say the new law expands their role, allowing them to participate actively in judicial decision-making.
The Office of the Ombudsman for Human Rights and Justice, led by Virgilio da Silva Guterres, said, "There is no issue with non-Timorese professionals holding judicial roles in the formal justice system."
"The Constitution of Timor-Leste does not explicitly state that only Timorese citizens can serve as judges," explained Guterres.
However, he emphasized that any such appointments should remain "temporary" and be applied strictly in exceptional cases, with a clear process in place for knowledge and skills transfer to Timorese legal professionals.
As Timor-Leste continues to strengthen its judicial system, experts saythe new law highlights a delicate balance between capacity-building, legal expertise, and the preservation of national sovereignty.
Portuguese is still the official language of the judiciary, and it is also one of two state languages besides Tetun, the Timorese mother language.
While proponents argue that foreign recruitment is a necessary measure to address existing gaps, opponents fear it undermines the country's independence and self-governance.
Timor-Leste declared independence in 1975 at the end of the Portuguese rule. However, Indonesia annexed the territory soon and occupied it for two decades, resulting in conflict, killings, hunger, and diseases, according to rights groups.
The conflict ended following the deployment of UN peacekeeping forces.
The 1999 UN-sponsored referendum declared Timor-Leste as an independent nation. It was internationally recognized as an independent country in 2002.
Source: https://www.ucanews.com/news/timor-lestes-move-for-foreign-judges-sparks-debate/10801