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  Parliament Drafting Law on Veterans
(October 11, 2005)

 
 

The National Parliament of Timor-Leste is drafting landmark legislation to recognize the former combatants who dedicated their lives to the establishment of an independent country. Members of Parliament introduced the draft bill to the plenary in July 2005 and it is under review by the Committee for the Constitution, Rights, Liberties and Guaranties. The Committee plans to hold public consultations on the draft bill starting in October 2005. The National Parliament’s drafting of the veteran’s legislation is an important milestone. Most legislation promulgated to date has been initiated by the Government of Timor-Leste although the Constitution grants authority to both the National Parliament and Government to initiate legislation. The National Parliament also appointed its first ad-hoc committee for the drafting of this bill.

 
 

Caption: The former combatants from Timor-Leste’s
struggle for independence are working for action
and recognition as they help draft the Veteran’s law.
Photo by: Ted Lawrence USAID/DAI

 

In May, the Parliament’s Ad-Hoc Committee on the Independence War Veteran’s Law held a three-day retreat in Baucau to discuss and finalize the bill entitled "Estatuto dos Combatentes da Libertação Nacional" (National Liberation Combatant’s Statute). The members of the Committee scrutinized each article of the draft bill to verify the compliance with the recommendations in the Joint Committee Report on Veterans approved by the Parliament in December 2004. They also refined details for the bill’s preamble and explanatory notes to be submitted with the legislation to the National Parliament.

Parliamentary Advisor Anildo da Cruz, a lawyer from Guinea-Bissau, has worked closely with the Committee in preparing the draft. Mr. da Cruz has provided technical advice on the draft bill as well as information on the comparative experience of Guinea-Bissau in adopting legislation on war veterans after the struggle for independence from Portugal.

This draft legislation also represents a lengthy consultative process. It began in 2003 when President Xanana Gusmão created two independent commissions on veterans. Following the submission of the joint report of the two independent commissions to the Parliament, and deliberations by the Members of Parliament, on July 6, 2004 the Parliament established an 11-member Ad-Hoc Committee to review the report. The committee concluded its work in November 2004 and submitted its comprehensive analytical report entitled, "Pay Homage to Former Combatants and Veterans of FALINTIL," with recommendations for action to the Parliament. After debate, Parliament approved the report and created a new ad-hoc Committee to draft a law on the former combatants’ issues.

As USAID's implementing partner for the Access to Justice and Legislative Development program, the Asia Foundation contributes to the development of the National Parliament providing legislative drafting training to members of parliament through the University of San Francisco training program and supporting Mr. da Cruz as a fulltime Parliamentary Advisor. Mr. da Cruz advises and supports committees to improve legislative drafting and legislative support services.

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