Friday 15 June 2012

New gun laws in East Timor defeated in Parliament

2009 ETLJ 18 New gun laws in East Timor defeated in Parliament

Author: Warren L. Wright BA LLB

The government of East Timor has proposed a new law to regulate guns. But according to the opposition party, FRETILIN, the draft law would give the Commander of the East Timor National Police the sole and discretionary power to authorize civilians to obtain and possess firearms.

The history of firearms in the hands of civilians has contributed to all the bloody episodes in the country's tortured history and the new law comes in the wake of the 2006 illegal weapons distribution case when the then Fretilin government Interior Minister, Rogerio Lobato, was involved in the distribution of weapons to civilians. This illegal weapons distribution contributed to a catastrophic breakdown in law and order in East Timor and Mr Lobato was subsequently sentenced to more than 7 years imprisonment for his role in the weapons distribution and manslaughter.

The new law was vigorously opposed in the National Parliament with the opposition particularly concerned that there was no oversight or appeal mechanisms over the sole and discretionary power of the Police Commander to authorize and decline licences. The East Timor National Police was identified as a highly politicized and weak state institution by the 2006 UN International Commission of Inquiry into the violent crisis that engulged the country in 2006.

According to the Fretilin opposition, the lack of oversight and appeal mechanisms exposed the danger that the legal discretion conferred on the Police Commander could be used politically and improperly by allowing civilians with one political inclination access to firearms and deny others access because of their political affiliations. This key provision of the draft weapons law was defeated in the National Parliament on 25 June 2008 in a heated debate and the provision was deleted from the draft. This was the operative section, and without a substituting clause, the law has no mechanism to authorize the issuing of firearms licenses.

FRETILIN's parliamentary leader, Aniceto Guterres said after the debate that "Those who need to carry weapons in the course of their duties, such as the Defense Forces and Police are able to do so. They have their own laws that permit it. The public do not want to widen that category to include persons for whom it is not essential they have firearms to perform their duty effectively and lawfully.

We reject totally the argument by some AMP [Government] MPs that many others are potentially in danger whilst performing their duty and should therefore be able to carry firearms. If we apply this category, then Timor-Leste will potentially be like the 'Wild West', where everyone will be toting guns. We don't want that kind of society and its clear neither do our people. Like our people, we reject this 'armed to the teeth' approach to living," added Guterres.

"We need consensus on laws such as these. We in FRETILIN will always be open to dialogue towards enacting a sound, workable anti-gun law that embodies our people's aspirations and that has been attained by consensus. We need a strong law that says, 'Less Guns in Our Midst! Let's End the Culture of Violence!' That's what we all want," Guterres said in closing.

First published on the East Timor Law and Justice Bulletin on 27 June 2008

Related Article

2008 ETLJ 4 Commentary on the Draft Arms Law in Timor-Leste

No comments:

Post a Comment

Index

2011

1. The Rule of Law: Theoretical, Cultural and Legal Challenges for Timor-Leste

2010


2009


2008


1. Justice for Serious Crimes Committed during 1999 in Timor-Leste: Where to From Here?

2. Joint Command for PNTL & F-FDTL Undermines Rule of Law & Security Sector Reform in Timor-Leste

3. Criminal Justice in East Timor and the Constitution of East Timor

4. Commentary on the Draft Arms Law in Timor-Leste

5. Deleted

2007

1. The Law on Political Parties (No 3/2004) & the Decision of the Timor-Leste Court of Appeal in the case of Vitor da Costa & Ors v Fretilin

2. Ethnicity, Violence & Land & Property Disputes in Timor-Leste

3. East Timor: Reconciliation & Reconstruction

4. Legal opinion on the appointment of the Prime Minister and the formation of Government in Timor-Leste

5. A legal opinion on the Formation of an Unconstitutional Government in Timor-Leste

6. Commission for Truth Friendship East Timor Competing Concepts of Justice

7. 25th of May 2006 Massacre & War Crimes in Timor-Leste

2006

1. Some Land Tenure Issues in Post-Conflict East Timor

2. Extradition from Indonesia to East Timor & the Serious Crimes Process in East Timor 1999 - 2005

3. East Timor: Internal Security, States of Seige & Emergency: A Note on the Constitutional Provisions & the Internal Security Law 2003

4. East Timor: The Constitutional Process Governing the Dismissal of the Government

5. Guidelines for Preparation of Outgoing Requests by East Timor for International Judicial Assisstance - Extradition Requests & Letters Rogatory - A Practice Manual

6. Roles of the President and the Prime Minister in the Current Constitutional Crisis in East Timor

7. Institutions & the East Timorese Experience

8. An Early Warning System for Timor-Leste: A Framework Concept of the Need & Possibility of an Early Warning System for the Timorese People

2005

1. The Timor-Leste Maritime Boundaries Case

2. Deleted

3. On the occasion of the International Conference on Traditional Dispute Resolution & Traditional Justice in Timor-Leste

4. General Facts on the Timor Sea & Facts on the Negotiations on a Permanent Maritime Boundary between Timor-Leste & Australia

5. Deleted

6. Morality, Religion & the Law: Abortion & Prosititution in East Timor

2004

1. A Note on Land Rights in East Timor (Indonesian Government Regulation No 18 of 1991 on the Conversion of Land Rights in East Timor) & the Purported Suspension of Article 5 by Government Regulation No 24 of 1992

2. UNTAET Land Policy


3. Some Observations on UNTAET Regulation No 27/2000 on the Temporary Prohibition on Transactions in Land by Indonesian Citizens

4. Sandalwood & Environmental Law in East Timor

5. Some Observations on the Report on Research Findings & Policy Recommendations for a Legal Framework for Land Dispute Mediation in East Timor

6. An Overview of East Timor's Law No 1 of 2003 on the Juridical Regime on Immovable Properties

7. Report on Research into Adat Land Law in East Timor

8. Short Analysis of UNTAET Executive Order No 2 of 2002 on the Decriminalisation of Defamation

9. An Overview of the Constitutional Drafting Process in East Timor

10. Some Notes on East Timor Government Decree No 1/2004 on the Orthographical Standard of the Tetum Language

11. UNTAET Guidelines for the Administration of Public & Abandoned Property by District Administrations

12. Tara Bandu: The Adat Concept of the Environment in East Timor

13. Finding Ways of Resolving Land Problems in East Timor