*Cosme da Costa Araujo
Ted McDonnell, a
professional, independent, and expert on Timor-Leste wrote a piece last
week argues that Timor-Leste is not worthy of ASEAN entry. In addition to other
academics and analysts who label Timor-Leste with colorful name-callings,
McDonnell comes up with a new creative nickname for Timor-Leste – a lawless
state.
He argues that by
“sacking all foreign judges, introducing archaic media laws and detaining Mauk
Moruk and his comrades”, Timor-Leste is a lawless state and therefore is not
worthy of joining ASEAN. I find his argument similar to Susan Marx, Asia
Foundation Country Representative, and Madhu Narasimha, whom Ramos Horta refers
to as “an obscure and pseudo academic”.
I have the privilege of
reading many of the author’s articles on Timor-Leste and I find most, to be
biased, unbalanced, opinionated, and subjective and interest, which not
reflects the characteristic of a professional journalist. His articles do not
represent the professional standards or at least Timor-Leste Journalist Code of
Ethics (Arts. 1 &5) he aspires to abide by. Reporting and not confirming
the other side of the story simply shows his unfitness for that profession.
As in my response to
Susan’s article two weeks ago, the issued resolution is within the boundary of
the Constitution. The National Parliament acts within its constitutional power
of making political decision. The issued resolution is a political decision to
safeguard the national interest of the country. Dr. Benevides Correia Barros,
spokesperson for Timor Lorosa’e Lawyer Association (TLLA), seconds the argument
by stating “the State has constitutional power to safeguard the national
interest of the country”.
The resolution is simply
the presentation of evidence by the Parliament for the Superior Council of the
Magistrate (SCM) to consider and decide on of whether the Parliament’s call for
the termination of the contracts of international judges and advisers is
justifiable. The Parliament calls for the termination of judges’ contract
because of national interest, force majeure, and the judges’ “inadequate
technical capacity” and indications of “committing various incidents of
judicial irregularities”.
Days after the
Parliament issued the resolution; the President of the High Court issued a
communiqué urging all the judges to continue working, while waiting for
decision from SCM. The SCM’s finally made its decision last week to terminate
the contracts their contracts. I therefore see no interference from the
Parliament with the competencies of the SCM.
Pedro Bacelar
Vasconselor, a renowned Portuguese constitutional lawyer who helped with the
work of annotated Constitution, argues that, “it is legal to carry out an audit
of the Timorese system including the suspension of contract of international
judges”. He stated the issued resolution is “a small concern of a bigger issue
that leaders of the country preoccupy with”. He later asserts that, “matters of
national interest should not be decided by foreigners, but the Timorese”.
According to Timor
Lorosa’e Lawyer Association (TLLA), “the resolution is not in breach of the
Constitution”. Dr. Benevides Correia Barros, spokesperson for TLLA, states that,
“Timor-Leste adopts a relative, not absolute separation of power”. It is
articulated in Article 69, which does not only talk about “separation of power”
but also “interdependence” of sovereign bodies in exercising their powers. Therefore,
he elaborates that, “under Article 118 (2), the Court is required, when
exercising its function, to seek cooperation with other Sovereign Bodies, in
particular to safeguard the national interest of the country”. He also argues
that, “the resolution does not beach Article 121 (3), as it applies only to
local, but not international judges”.
Reading through his
article, I find the author to be inconsistent, contradictory and at worst
hypocrite. In one hand, he staunchly supports and fights for the respect of
Constitution, separation of power, rule of law, and principles of democracy,
but on the other hand, he supports Mauk Moruk and his revolutionary movement.
I sympathize with Mauk
Moruk’s revolutionary ideas (fight corruption and inefficiencies), but not the
means he proposes to achieve them. Mauk Moruk calls for the abolition of the
Constitution, dissolving democratically elected Parliament and Government,
which are in essence against the Constitution, rule of law and principles of
democracy. The Parliament issues a resolution to ban Mauk Moruk and his
movement, which, they see posing a threat to the national security of this
country. In the US, Mauk Moruk would have been charged and tried under
“terrorist act”. McDonnell may be right and he knows better that Mauk Moruk
initially comes with a good intention, but he may be hijacked, or “set up” and
“manipulated” by foreign interest to destabilize this country.
A professional
journalist with an objective, balanced, and independent view of Timor-Leste
would the find the author’s calling of Timor-Leste “lawless state” is
unjustifiable and at best prejudice.
I also find the author’s
argument that Timor-Leste is not worthy joining ASEAN to be inconsistent or to
put nicely double standard. In one hand, he is so critical of Timor-Leste’s
worthiness of joining ASEAN, while turning his blind eye on the developments in
other countries like Thailand and Myanmar.
If the author tries a
bit harder to research on what is going on with other ASEAN member countries,
he will find that in Thailand, new military dictatorship detained members of political
class, shutdown media, dissolved the senate, in charge of government ministries
and assumed total control of the country and much worse wait to come. In Vietnam, recently two blogger soon to be
charged for violating Penal Code Article 258 on “abusing freedom and democracy to infringe upon the interest
of the State”. Bloggers were detained for posting essays that
“had the potential to tarnish the state apparatus’ prestige”. In Myanmar, since
the court denied and annulled an election won by Aun Sha Su Chi, the country is
haunted by the omnipresence of military junta and as a consequence of that, all
the democratic institutions and processes, which the author fights so hard for,
are non-existent.
If the author thinks
Timor-Leste is not worthy of joining ASEAN, then my question is what makes
these countries “worthier” to remain as members of the “respected Association”.
If the author follows
closely the development in the region, “the credibility of the respected
Association” had long been tarnished with the Indonesian invasion of
Timor-Leste, systematic and massive abuses of human rights, Myanmar’s court
denial of Aun San Su Kyi victorious election, and the subsequent omnipresence
of military dictatorship in Myanmar, and the military’s overthrowing of two
democratically elected governments in Thailand. If the author believes that
there is such a thing as “credible Association”, then the United Nations have
no credibility for allowing country like North Korea to join and similarly the
prestigious English speaking countries association – Commonwealth, for allowing
country like Zimbabwe and then apartheid-South Africa to join.
I also find the author’s
remark of “PM Xanana’s anti-foreigner drive” is appalling. If the author had
thoroughly done his research, he would find that the number of foreigners or
“malae” working in the public institutions, not to mention private sector, had
increased dramatically since PM Xanana come to office in 2007. In addition, Timor-Leste
has every right to be befriend with Indonesian, that is what I hear experts
call – pragmatism and real politic. It would be childish and naïve not to do
so.
The suspension of
contract of foreign judges has nothing to do with anti-malae. They are found to
be “technically incompetent” and “committed various judicial irregularities”.
You would expect this to happen in any normal work-related contract, when an employee
would be dismissed if he/she is not performing according to the contractual
arrangement or causing detriment to the employer. An anti-foreigner sentiment
would be like “putting asylum seekers in detention center”, “riots in Coronal
beach”, and subsequent “assaults on Indians” and “the recent assault on Chinese
expats in Vietnam”.
Furthermore, leaders of
this country including PM Xanana are elected not to appease any foreigners, but
to serve the best interest of the Timorese people. I doubt the author, an
outsider, knows better than PM Xanana, who sacrificed his whole life for this
country, of what is the national interest of this country.
If Lee Kwan Yew of
Singapore, leaders of Communist Party of the People Republic of China and founding
fathers of South Korea in earlier years listen to the lecture by pundits on about
how to run their countries, they would not have become of what are they are
today.
To end, I would like to
help the author with the lists of “criteria” for countries that fall under his
famous term – lawless state.
A lawless state should
include also countries that unilaterally invade and help to invade other
countries, spy on its citizen, leaders and citizen of other countries, put
asylum seekers or “boat people” in detention center (even they themselves were
originally “convicts” or migrants from other countries), withdraw from
international court for fearing of a “fair dinkum” trial, ban Muslim women from
wearing burka in public place, allow people to own gun and shoot at anyone for
self-defense, charge its citizen for whistleblowing, prevent its citizen and
confiscate their passports from testifying against the state, enact legislation
that authorize indefinite detentions of immigrants, allow police to search
telephone, email and financial records without a court order and a state proclaims
to serve its people, but in fact serves only the interest of big corporations.
With all these hypocrisies
that happen in the world, one has no right to tell, lecture or even impose on
others of what to do and not to do. Therefore, when I see a professional journalist
calls for a regime change; it makes me doubt his credibility as a professional
journalist and his fitness for that profession.
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