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2007 Assessment

Timor-Leste: Integrity Indicators Scorecard

Timor-Leste: Integrity Scorecard Report > Sub-Category: Civil Society Organizations
Indicators		Score
1	Are anti-corruption/good governance CSOs legally protected?	67
2	Are good governance/anti-corruption CSOs able to operate freely?	75
3	Are civil society activists safe when working on corruption issues?	100
4	Can citizens organize into trade unions?	88

Indicator and sub-Indicator Details

Are anti-corruption/good governance CSOs legally protected?

1a: In law, citizens have a right to form civil society organizations (CSOs) focused on anti-corruption or good governance.

Score:

YES

Comments: It is argued that there is no specific law focused on this matter; however, the constitution reserves that freedom in article 40. (Interview with an intellectual, Dr. Francisco Guterres, in his office; 2 August 2007 at 10.00 - 11.00 am)

A similar point was made by Dr. Christopher Samson, the director of an anti-corruption NGO in Dili. (Interview conducted on 10 July 2007, at his office in Comoro, 14.00 - 15.15 pm)

References: Constitution of RDTL (Republika Demokratika Timor Leste)

Peer Review Comments: The Decree Law on Non-Profit Making Corporate Bodies was published in mid-2005. The law provides an essential framework for the creation and registration of civil society organizations, particularly foundations and associations. However, it could be strengthened, if amended in consultation with civil society, to better reflect conditions in Timor-Leste. For example, the requirement that foundations possess no less than US$50,000 in assets to be recognized may be unrealistic, particularly for district-specific foundations. Requirements for information disclosure, particularly on financial matters and provisions for safeguarding the independence of appeals to de-registration decisions, would also strengthen the law.

1b: In law, anti-corruption/good governance CSOs are free to accept funding from any foreign or domestic sources.

Score:

YES

Comments: An interview with Dr. Christopher made it clear that no law is in place; however, donors are not prohibited from giving support to their organizations. (LABEH: Lalenok ba Ema hotu; in English: Mirror for the people)

References: A specific law related to this is not in place; however, the RDTL constitution protected this freedom.

Peer Review Comments: Given that donors fund CSOs (as well as the government), Timor-Leste is relatively open to external support for both state and non-state actors.

1c: In law, anti-corruption/good governance CSOs are required to disclose their sources of funding.

Score:

YES

Comments:

References: No such public disclosure requirement exists. (Interview with Dr. Christopher, director of LABEH, at his office on 10 July 2007)

Are good governance/anti-corruption CSOs able to operate freely?

2a: In practice, the government does not create barriers to the organization of new anti-corruption/good governance CSOs.

Score:

100

Comments: On the one hand, no formal steps were required, and no license was needed. People are free to organize themselves, almost without any restriction. However, some informal threats were made to STL and LABEH, in a series of cases, via phone, sms, e-mail, and face-to-face.

References: Interview with Dr. Francisco Geterres, head of TIDS (Timor Institute Development Study), at his office on 2 August 2007 Interview with Dr. Christopher Samson, director of LABEH (an NGO working to advance good governance and specialize in the area of anti-corruption), at his office, 10 July 2007

Peer Review Comments: New Government likely to support more directly anti corruption CSOs

Peer Review Comments: There is a law regulating Associations and Foundations. The implementing regulations remain unclear and CSOs (national and international) face significant challenges when trying to register--regardless of their scope of work. I am not aware of any organization being shut-down for non-compliance to date.

Peer Review Comments: There is a Decree Law on Non-Profit Bodies (2005). It has requirement that foundations possess no less than US450,000 in assets to be recognized.

Unofficial barriers, while not omnipresent or systematic, can crop up depending on the specifics of the issues, interests and persons involved. In general, opaque networks, often taking in gangs and martial arts group members, can be utilized as deterrents to effective anti-corruption activism.

2b: In practice, anti-corruption/good governance CSOs actively engage in the political and policymaking process.

Score:

100

Comments:

References: An interview with Dr. Amandio Benevides, deputy of the ombudsman office, at Dr. Benevides's office, on 17 July 2007

Peer Review Comments: Information flows regarding upcoming legislation and policymaking agendas are not effective, at least in the western sense. The role of U.N. agencies as 'gatekeepers' and advisers in policymaking often adds an extra level of bureaucracy for CSOs to negotiate and interpret, in order to successfully engage with the policy cycle - which, in any case, is not regular, partly due to the relative young age of the state and the recent turmoil the country was in.

2c: In practice, no anti-corruption/good governance CSOs have been shut down by the government for their work on corruption-related issues during the study period.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned is there were no CSOs shut down by the government or forced to cease operations because of their work on corruption-related issues during the study period. NO: A NO score is earned if any CSO has been effectively shut down by the government or forced to cease operations because of its work on corruption-related issues during the study period. The causal relationship between the cessation of operations and the CSO\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the CSO was forced to cease operations due to its work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: No CSO has been effectively shut down by the government or forced to cease operations because of its work on corruption-related issues; however, threats have been made by government officials. According to LABEH, there were two different threats made towards LABEH through a daily newspaper in Dili (STL) by government officials.

References: Interview with Dr. Christopher Samson, director of LABEH, at his office, on 10 July 2007

Peer Review Comments: It would be useful here to provide examples of the kind of threats made by government officials.

Are civil society activists safe when working on corruption issues?

3a: In practice, in the past year, no civil society activists working on corruption issues have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no CSO activists imprisoned because of their work covering corruption. YES is a positive score. NO: A NO score is earned if any activist was jailed in relation to work covering corruption. The causal relationship between the official charges and the person\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the person was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Interview with Dr. Christopher Samson, director of LABEH (an anti-corruption NGO), in his office, on 10 July 2007

3b: In practice, in the past year, no civil society activists working on corruption issues have been physically harmed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists covering corruption being assaulted in the specific study period. A YES score can be earned if there was an attack but it was clearly unrelated to the activist\'s work. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period of assault to an activist who covers corruption. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Interview with Dr. Christopher Samson, director of LABEH, in his office, 10 July 2007

3c: In practice, in the past year, no civil society activists working on corruption issues have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists being killed because of their work covering corruption in the specific study period. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period where a person was killed related to a corruption trial, scandal or investigation. The relationship between a mysterious death and an individual\'s history may not be clear, however the burden of proof here is low. If it is reasonable that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Interview with Dr. Christopher Samson, director of LABEH, in his office, 10 July 2007

Can citizens organize into trade unions?

4a: In law, citizens have a right to organize into trade unions.

Score:

YES

Comments:

References: Constitution of RDTL, articles 40 and 52

4b: In practice, citizens are able to organize into trade unions.

Score:

100

Comments:

References: Constitution of RDTL, article 52

Peer Review Comments: I agree that there is no barrier to joining a trade union. Note should be made that trade unions are not particularly common and/or influential, and it is likely that members are not fully aware of their rights.

Peer Review Comments: Unions operate in a politicized environment. While this is the case, more or less, in most countries, in Timor-Leste this is exacerbated by the newness of the state, the current politically-divided atmosphere, and the role of gangs and martial arts groups as unofficial grassroots sources of influence.