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2007 Assessment

Timor-Leste: Integrity Indicators Scorecard

Timor-Leste: Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
23	In law, can citizens sue the government for infringement of their civil rights?	100
24	Can the chief executive be held accountable for his/her actions?	56
25	Is the executive leadership subject to criminal proceedings?	0
26	Are there regulations governing conflicts of interest by the executive branch?	0
27	Can citizens access the asset disclosure records of the heads of state and government?	0
28	In practice, official government functions are kept separate and distinct from the functions of the ruling political party.	0

Indicator and sub-Indicator Details

In law, can citizens sue the government for infringement of their civil rights?

23: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments: Yes; however, the implemented institutions are weak. Bureaucracy is one of the impediment from making this happen. If any government official is sued, parliament must take away immunity beforehand. Administration protocols would also take time and coordination.

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, at his office, on 17 July 2007

Can the chief executive be held accountable for his/her actions?

24a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments: There is no substantial justification made on a regular basis. There is no censorship whatsoever. Exposure is limited, and journalists rarely ask critical questions.

References: Interview with Dr. Amandion Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

Peer Review Comments: Analysis of this in Timor-Leste needs to account for the overbearing role played by United Nations and the U.N. agency officials, advisers, etc.

24b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments: It would be the supreme court. However, there is no such institution in place.

References: Constitution of RDTL, article 126/169

Peer Review Comments: See also section 69, on Separation of Powers.

24c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments: In fact, there is no supreme court in place. The court of appeals has performed this function at times, but often only under political pressure.

References: Interview with Dr. Francisco Guterres, head of TIDS, at his office, on 2 August 2007

Peer Review Comments: There is a court of appeal that has reviewed some decisions of the executive or the President UNMIT Daily Media Review - 10 December 2007 Horta Unhappy with the Decision of the Court of Appeal on with regards to the Reduce Poverty Program The President of the Republic was unhappy with the decision of Court of Appeal to reject the poverty reduction program under the Office of the President of the Republic.

actually do not agree with Courts opinion, but I accept the decision. I also was unhappy with how Fretilin parliamentarians politicized what was supposed be a universally-valued issue. I did not want to politicize helping poor people and I don't want to have any further controversy, said Mr. President of Republic. (DN)

24d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments:

References: Interview with Dr. Francisco Guterres, head of TIDS, at his office, on 2 August 2007

Is the executive leadership subject to criminal proceedings?

25a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments: Immunity must be lifted by parliament before prosecution can happen.

References: Constitution of RDTL, article 27

25b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments: However, the ombudsman office is mandated by law to only identify and recommend; any further step is difficult because immunity has to be removed from the officials before any action can be taken.

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, at his office, on 17 July 2007

Peer Review Comments: Immunity can be revoked by the legislative branch. Currently, former Minister Rogerio Lobato is serving a seven-year sentence for his role in the 2006 violence.

Are there regulations governing conflicts of interest by the executive branch?

26a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments: No law is in place.

References: Interview with Dr. Francisco Guterres, head of TIDS, at his office, on 2 August 2007

26b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

Comments: A law regarding the function of public servants has not been passed yet.

References: Interview with Dr. Francisco Guterres, head of TIDS, at his office, on 2 August 2007

26c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments:

References: Interview with Dr. Francisco Guterres, head of TIDS, at his office, on 2 August 2007

26d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).

Score:

YES

Comments:

References: Interview with Dr. Francisco Guterres, head of TIDS, at his office, on 2 August 2007 Constitution of RDTL, article 129.

26e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments:

References: Interview with Dr. Francisco Guterres, head of TIDS, at his office, on 2 August 2007

26f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments: There is no such law in place. Often officials have two to ten jobs within the private sector while simultaneously serving in government.

References: Interview with Dr. Francisco Guterres, head of TIDS, at his office, on 2 August 2007

Peer Review Comments: Not sure of the evidence for this statement. What does' two to ten' refer to?

26g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments:

References: Interview with Dr. Francisco Guterres, head of TIDS, at his office, on 2 August 2007

26h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments:

References: Interview with Dr. Francisco Guterres, head of TIDS, at his office, on 2 August 2007

Can citizens access the asset disclosure records of the heads of state and government?

27a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments: No asset disclosure is in place.

References: Interview with Dr. Francisco Guterres, head of TIDS, at his office, on 2 August 2007

27b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments: No asset discloser is in place.

References: Interview with Dr. Francisco Guterres, head of TIDS, at his office, on 2 August 2007

27c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.

Score:

100

Comments: No asset disclose is in place.

References: Interview with Dr. Francisco Guterres, head of TIDS, at his office, on 2 August 2007

In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

28: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments: Many critics and observers point to the government's habit of using state assets to facilitate the ruling party's activities, their campaigns, and the habit of distributing money right before elections. Government vehicles have also been used to carry out political campaigns.

References: Interview with Dr. Francisco Guterres, head of TIDS, at his office, on 2 August 2007 UN Certification Mission Report

Peer Review Comments: The ruling party referred to in the U.N. Certification reports is, as of August 2007, the former ruling party.