FRETILIN requests President Ramos-Horta to initiate investigation into unintended publication of rectifying budget

FRETILIN - Media release - 10 August 2008

The President of Timor-Leste's largest and historic party FRETILIN,Francisco Guterres "Lu Olo" today called upon President Dr. JoséRamos-Horta to order an investigation into why the Revised Budget Law(also known as the rectifying budget) was sent by his office to theparliament, and then subsequently published in the official gazette,thereby bringing it into law, against the President's declaredintentions.

A Public Communiqué issued from the President's Office on the 6th ofAugust 2008, when the President was already overseas stated, thatprior to his departure the President delivered a speech to the nation,in which he informed the nation that he would await the decision ofthe Court of Appeal regarding a request for a ruling as to theconstitutionality of the rectifying budget, before making a decisionon whether or not to promulgate it.

The Communiqué added that: "The President of the Republic left veryclear instructions to his office to send the rectifying budget forpublication only if the decision of the Court of Appeal declared thatthe law was in conformity with all the requirements of theconstitution."
Lu Olo said, "The President's own words, televised to the nation onthe 5th of August 2008, and confirmed by the President's OfficeCommuniqué on the 6th of August, the following day, were that he leftclear instructions that the rectifying budget was not to be sent forpublication with the official gazette.

"It was clear that this is what he had in mind when he spoke to thepeople. We do not believe for one moment the President would havespoken those words whilst intending to do the exact opposite. Despitethis manifest intent, others in his office took actions contrary tohis clear instructions and sent it on for official publication.

According to Lu Olo this is a very serious situation for FRETILIN, forthe nation's democratic institutions and the Timorese people. He addedthat FRETILIN did not blame the President, because it believed he leftclear and explicit instructions with his office before leaving on hisoverseas trip.

"However, we do not have confidence in others who work in the Officeof the President of the Republic. We have grave reservations abouttheir loyalty to the President and their political impartiality to beworking in such a high office," Lu Olo said.

"We are very lucky that these suspect actions are such that may befixed with the good will and cooperation of other institutions of ourstate. But we have to ask, what if it involved something moreserious, something that could not be so easily reversed or rectified,such as a declaration of stage of siege or a declaration to dissolveparliament? Then what? The President had done all he could to ensurehis intent was clear and that his actions would not impact negativelyupon the nation, but even this could not safeguard a serious errorfrom occurring."

"We cannot simply leave this matter as it is. It is important for usthat state institutions know the truth of what actually happened. Wehave to know clearly whether this was the result of human error orwhether there was some more deliberate act or omission to pervert theexpressed will and intent of the President, to usurp his duties andpowers. An in depth investigation must occur into this matter andFRETILIN give its full support to the President in initiating anappropriate legal investigation," Lu Olo added.

Lu Olo also emphasized that "this was not just a matter of anadministrative issue in the President's Office, but a matter of greatimportance to the government, the parliament, political parties andthe people who need to have confidence that the highest office in theland is functioning legally and constitutionally, not to mention with administrative efficiency, whoever the President is or will be."

For more information, please contact Jose Teixeira: +61 438 114 960(Australia), +670 728 7080 (Dili, Timor-Leste)