Report of the Secretary-General on the United Nations Integrated Mission in Timor-Leste (for the period from 8 January 2011 to 20 September 2011)

Security Council 

Distr.: General 14 October 2011 Original: English 

Report of the Secretary-General on the United Nations Integrated Mission in Timor-Leste (for the period from 8 January 2011 to 20 September 2011) 

 I. Introduction 

1. The present report is submitted pursuant to Security Council resolution 1969 (2011), by which the Council extended the mandate of the United Nations Integrated Mission in Timor-Leste (UNMIT) until 26 February 2012. It covers major developments in Timor-Leste and the implementation of the Mission’s mandate since 7 January 2011. My Special Representative, Ameerah Haq, continued to lead the Mission and coordinate with United Nations system actors and other stakeholders. She was assisted by my Deputy Special Representative for Governance Support, Development and Humanitarian Coordination, Finn Reske-Nielsen, and by my Deputy Special Representative for Security Sector Support and Rule of Law, Shigeru Mochida. UNMIT continued its “one United Nations system” approach, consistent with its integrated strategic framework.  

 II. Political and security developments since 7 January 2011 

2. The overall situation in Timor-Leste remained generally calm, with continued progress towards the consolidation of peace, stability and development. Political parties intensified their internal organizational activities in preparation for the 2012 presidential and parliamentary elections. During those activities, party leaders underscored the need to sustain national unity and to concentrate on longer-term socio-economic and development strategies. At a dialogue on 26 July facilitated by the Bishop of Baucau (see para. 11 below), political leaders agreed on the importance of ensuring stability during the electoral process.  

3. The Congresso Nacional da Reconstrução de Timor-Leste (CNRT), the largest party in the Alliance for a Parliamentary Majority (AMP) Government, held its second national congress from 29 April to 2 May. The Prime Minister, Kay Rala Xanana Gusmão, and Dionisio Babo Soares were re-elected CNRT President and Secretary-General respectively. In his opening speech, the Prime Minister cited the party’s responsibility to promote democratic values, including tolerance, mutual respect and non-violence.  

4. On 20 August, the Frente Revolucionária do Timor-Leste Independente (Fretilin) held a direct election for the party’s top two posts, with polling stations in all 13 districts. Francisco Guterres “Lu Olo” and Mari Alkatiri were re-elected as the President and Secretary-General of Fretilin respectively. The party’s third national congress was held from 8 to 11 September, with Mr. Alkatiri emphasizing, in his opening speech, the party’s commitment to promoting unity, peace and stability. 

5. On the thirty-sixth anniversary of the creation of the Forças Armadas da Libertação Nacional de Timor-Leste (Falintil), on 20 August, the Government held a ceremony in Dili to recognize and demobilize 236 former Falintil members (40 of them women), including the Prime Minister, the Commander of the Timorese armed forces (Falintil-Forças de Defesa de Timor-Leste (F-FDTL)), Taur Matan Ruak, and the President of Fretilin. The representatives of a number of countries also attended the ceremony, among them a large Indonesian delegation that included the Minister of Defence, Purnomo Yusgiantoro, and senior military officials. On 1 September, the Commander of F-FDTL tendered his resignation. 

6. The President of Timor-Leste, José Ramos-Horta, continued his efforts to foster national unity and stability by means of public messages and the organization of high-profile events, including the second “Dili ­ City of Peace” marathon on 18 June and the third “Tour de Timor” bicycle race from 11 to 16 September. On 8 March, International Women’s Day, the President issued a statement calling for solidarity to build a society living in peace, stability and harmony, in which women and men may have a confident outlook and hopeful future. 

7. Parliament continued to serve as a vital forum for democratic debate. On 28 January, after two weeks of debate, it approved the 2011 State budget of $1.3 billion, with proposed amendments that included an additional allocation of $1 million for initiatives to combat domestic violence. Following a day-long debate, which was broadcast, Parliament approved, on 11 July, the Timor-Leste Strategic Development Plan for 2011-2030 (see S/2010/522, para. 3), although Fretilin, Partido Unidade Nacional (PUN) and Klibur Oan Timor Asuwain (KOTA) members left before the vote to express dissatisfaction with the debate. On 14 February, Parliament again voted to postpone debate on the two draft laws on reparations and on the follow-up institution to the Commission for Reception, Truth and Reconciliation and the Commission of Truth and Friendship (see S/2011/32, para. 8). 

8. On 27 March, a ceremony was held in Dili to celebrate the eleventh anniversary of the national police, the Polícia Nacional de Timor-Leste (PNTL). The event also marked the resumption by PNTL of responsibility for the conduct, command and control of all police operations in the country, on the basis of an exchange of letters, signed on 26 March, between my Special Representative and the Prime Minister (see paras. 21 and 26 below). It was attended by, among others, a 40­member Indonesian police and military delegation, representatives of the diplomatic corps, the UNMIT leadership and the then Under-Secretary-General for Peacekeeping Operations. 

9. Several initiatives reflected the active engagement of Timor-Leste as a bilateral and regional partner, as well as its continuing strong relationship with Indonesia. On 29 and 30 June, the Government hosted a meeting of the Organization of Supreme Audit Institutions of the Community of Portuguese-speaking Countries (CPLP), and, from 19 to 23 September, Parliament hosted the third Parliamentary Assembly of CPLP. The Minister for Foreign Affairs, Zacarias da Costa, led a delegation at the forty-fourth Association of Southeast Asian Nations (ASEAN) Foreign Ministers Meeting, held in Bali, Indonesia on 19 July, at which the President of Indonesia, Susilo Bambang Yudhoyono, expressed his country’s hope that support would be lent to the application of Timor-Leste for membership of the Association of Southeast Asian Nations (see S/2011/32, para. 6). Further, on 21 August in Dili, the Prime Minister of Timor-Leste and the Minister of Defence of Indonesia signed a memorandum of understanding on defence cooperation. The two countries also continued to hold consultations on the demarcation of the border in the areas where it remains unresolved (about 3 per cent of the total length of the border), including discussions between the Ministers for Foreign Affairs of the two countries on 23 May in Bali during the sixteenth Ministerial Meeting of the Non-Aligned Movement. 

A. Support for dialogue and reconciliation 

10. My Special Representative continued her good offices through regular meetings with the President, the Prime Minister, the President of Parliament, Fernando “Lasama” de Araújo, and the Secretary-General of Fretilin. She also continued hosting meetings with representatives of all the political parties, women political party representatives, and representatives of civil society. My Deputy Special Representative for Governance Support, Development and Humanitarian Coordination continued to have regular meetings with the Deputy Prime Minister to discuss issues relating to governance and development, including United Nations electoral support. My Deputy Special Representative for Security Sector Support and the Rule of Law continued to meet with the Secretaries of State for Security and for Defence to discuss policing and broader security sector issues, including UNMIT support for further capacity-building of PNTL.  

11. An important dialogue facilitated by the Bishop of Baucau on 26 July expanded on that hosted with prominent national leaders in Maubisse on 21 and 22 August 2010 (see para. 2 above and S/2010/522, para. 9). Participants included the President, the Prime Minister, the Deputy Prime Minister, the Commander of F-FDTL and the President and Secretary-General of Fretilin. In addition, the President of Parliament and representatives of all the major parliamentary parties, PNTL, the electoral management bodies and civil society organizations, among others, were present. A main discussion topic was the need to maintain security and stability during the 2012 electoral period. Participants agreed to continue such meetings, which are an important initiative for the exchange of ideas prior to the elections. 

12. In a continuing effort to increase public discourse on women’s political participation before the elections, the Secretariat of State for the Promotion of Equality hosted a national meeting on 14 July on the theme “Lessons for women on political life”. The President made the opening statement at the meeting, which provided a forum for discussions with women political leaders from the national to the village levels. On 25 August, Rede Feto, a network of women’s non-governmental organizations, held a planning workshop, facilitated by UNMIT, on preparation for women’s participation in the elections. At an open day on Security Council resolution 1325 (2000), organized by UNMIT, the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) and the United Nations Development Programme (UNDP) on 13 September in Baucau, my 

Special Representative engaged with village (suco), sub-district and district representatives and other community members to discuss women’s participation in politics at all levels, including the upcoming elections. On 9 August, the Secretary of State for Youth and Sports, in cooperation with the United Nations Children’s Fund (UNICEF), organized the second meeting of the Youth Parliament (see S/2010/522, para. 11), at which the 130 youth parliamentarians discussed key issues affecting young people. The Secretary of State also organized a workshop from 10 to 12 August in Dili, entitled “I’m ready to contribute to sustainable development”, which was attended by over 100 young people, including members of the Youth Parliament.  

B. Enhancing democratic governance 

13. The amendments to the laws on the electoral management bodies, presidential elections and parliamentary elections (see S/2011/32, para. 12) approved by Parliament in April and May, were published in the official gazette on 22 June, allowing for the organization of the 2012 elections to proceed. As the amended parliamentary election law provides for an increase in the quota of women on party lists of candidates to one in every three (from one in every four), the number of women in Parliament (currently 20 out of the 65 members) could further increase. 

14. An electoral needs assessment mission was deployed by the Department of Political Affairs from 7 to 17 February to determine the scope of electoral support needed (see S/2011/32, para. 12), in liaison with the National Electoral Commission, the Technical Secretariat for Electoral Administration and other stakeholders. Taking account of the findings of the assessment mission, UNMIT and UNDP, in cooperation with UNICEF and UN-Women, continued to support the electoral management bodies and also assisted in the areas of political party capacity-building, youth and first-time voters’ programmes and enhancing women’s participation in electoral processes.  

15. In collaboration with national stakeholders, UNMIT continued to organize democratic governance forums throughout the country. Three were held at the national level, including one on the theme “Women in Parliament” on 14 April, and 59 at the sub-district level. Over 4,500 people participated in these discussions with Timorese leaders and officials on a wide range of issues. 

16. The Anti-Corruption Commission was fully staffed by 31 January and had forwarded seven cases to the Office of the Prosecutor-General as at 20 September. The Commission strengthened its investigative capacity and commenced a range of corruption prevention activities, with support from UNDP. In April, the Commission, in close cooperation with UNMIT, the United Nations Office on Drugs and Crime and UNDP, began coordinating the self-assessment by Timor-Leste of its compliance with the United Nations Convention against Corruption. On 9 May, the Dili District Court acquitted the Deputy Prime Minister, José Luis Guterres, of charges of illegal enrichment and abuse of authority (see S/2011/32, para. 14), a verdict upheld by the Court of Appeal on 17 August.  

17. On 6 July, Parliament approved the law establishing the Audit Chamber of the High Administrative Tax and Audit Court. The Chamber will have the power to audit all public finances and to ensure that procurement to a value of more than $1 million complies with the applicable legislation.  

 18. State institutions also implemented other initiatives to enhance transparency and accountability. On 15 March, the Prime Minister and the Minister of Finance launched the Timor-Leste Budget Transparency Website and, at the first Asia-Pacific Regional Conference on the Extractive Industries Transparency Initiative, hosted on 26 August, they launched the eProcurement Portal, enabling increased public monitoring of State budget execution and contracts. Further, on 21 June, the Office of the Inspector General signed memorandums of understanding with nine State agencies for the conduct of internal audits. 

19. Most media outlets remained concentrated in Dili, with a relatively limited presence in the districts. To improve the population’s access to information, UNMIT funded the refurbishment of an AM radio transmitter and trained the national radio broadcaster to maintain it. 

20. Progress continued towards achieving the benchmarks of the medium-term strategy (see S/2009/72, para. 47) relating to a culture of democratic governance and dialogue. As noted above, concrete steps were taken to strengthen the anti-corruption regime and increase the transparency of public spending. In a further effort to increase the effectiveness of the civil service, the Civil Service Commission initiated a process of converting staff on temporary contracts to regular civil servant status. As at 20 September, 12,500 such staff had been granted regular status. Parliament continued to be a critical forum for the discussion of Government policies and progress in the implementation of programmes, with the active participation of opposition parties. 

C. Maintenance of public security 

21. The security situation in the country remained stable, with the resumption by PNTL of policing responsibilities on 27 March (see para. 26 below) not affecting the continuing low crime rate. Pursuant to the exchange of letters between the Government and UNMIT (see para. 8 above), and a standing request from the PNTL General Commander, UNMIT police continued to provide operational support to PNTL in such areas as close protection, joint patrols and border policing (see para. 26 below). Dili District accounted for approximately half of all reported crimes.  

22. A number of incidents involving martial arts and youth groups occurred, as well as some friction between PNTL and F-FDTL members. The most serious involved a fight between F-FDTL and PNTL officers at Dili hospital on 22 April, following a traffic accident, which resulted in minor injuries to two PNTL officers. In addition to a criminal investigation into the incident and disciplinary proceedings against one F-FDTL officer, the Prime Minister formed a joint commission which recommended, on 7 September, further training for members of F-FDTL and PNTL on their respective roles. The largest PNTL operation was initiated in Baucau District on 20 June after Parliament received reports from suco chiefs of security incidents. That operation, which ended on 30 August, involved some 220 officers at its peak. Of the 38 suspects detained, nine have been arrested for various offences (see para. 37 below). 

23. On 14 August, in the Zumulai sub-district of Covalima District, an off-duty PNTL officer was fatally stabbed and another person was injured in fighting between members of two martial arts groups. This led to the burning of 58 houses 

and the displacement of 168 families, many of whom took refuge in the local Catholic church. PNTL responded, with UNMIT police assistance and air transport support from the international security forces, to bring the situation under control. Ten F-FDTL soldiers based in Covalima District were also deployed. As at 20 September, most of the displaced families had returned to their homes and 33 suspects had been arrested and remained in pretrial detention (15 in relation to the death of the PNTL officer and 18 in relation to property damage). On 19 August, the Secretary of State for Youth and Sports announced a six-month suspension of all martial arts group activities in Covalima. On 9 September, the Ministry of Social Solidarity and UNDP co-facilitated a traditional peacebuilding dialogue with hundreds of community members in the village of Tashilin in the Zumalai sub-district, resulting in commitments to work together to resolve problems that had contributed to the violence. 

24. There was a planned reduction in the UNMIT police during the reporting period, with 1,195 officers, including 79 women, deployed as at 20 September, 485 of them in formed police units. Of the latter, 285 officers were deployed in Dili.  

25. UNMIT military liaison officers continued to facilitate effective working relationships between the border security agencies of Timor-Leste and Indonesia, and to monitor the security situation along the border and throughout Timor-Leste. Close liaison with the international security forces continued.  

D.        Support for and institutional strengthening of the security institutions 

26. The resumption by PNTL on 27 March of responsibility for the conduct of all police operations in Timor-Leste (see para. 8 above) also marked the end of the PNTL consolidation phase and the beginning of its reconstitution phase. The resumption followed joint Government and UNMIT team assessments indicating that 12 districts and nine units met the mutually agreed criteria for resumption, and the exchange of letters signed on 26 March confirming the Government’s determination that any remaining gaps and weaknesses identified in the assessments of all districts and units would be fully addressed within a reasonable time by implementing the necessary arrangements and Government budgeting for logistical requirements. The letters further specified that the arrangements would include the training and capacity-building activities outlined in the PNTL-UNMIT Police Joint Development Plan signed on 23 February and that the Government and UNMIT would make joint periodic progress reports on implementation to the High-level Committee on Transition (see para. 27 below). Pursuant to the exchange of letters, the UNMIT police role has focused on providing support for further institutional development and capacity-building of PNTL, while maintaining a capacity to provide operational support if required and requested (see S/2011/32, para. 60). The UNMIT police concept of operations is being updated to reflect these arrangements.  

27. The Joint Development Plan details the five priority areas for UNMIT police capacity-building support: legislation, training, administration, discipline and operations. To help achieve the Plan goals, PNTL and UNMIT police commanders in each district and unit developed specific workplans, which were approved on 15 June. Implementation is being supported by UNMIT police teams comprising officers with skills in each priority area. Among other tasks, UNMIT police provided training on ethics and leadership to 159 senior PNTL officers (16 of them women) and on gender awareness and analysis and domestic violence to 117 PNTL officers (58 of them women). The PNTL General Commander and the UNMIT Police Commissioner reported on progress in implementation of the Joint Development Plan to the High-level Committee on Transition at its meetings on 19 April, 24 June and 19 September. On 21 July, PNTL, UNMIT and UNDP signed a project document for a joint programme on strengthening police capacity in Timor-Leste, aimed at supporting implementation of the Plan. In preparation for the elections, PNTL and UNMIT police are conducting election-related training for all commanding officers and are developing a joint operations plan. 

28. In view of the support needed for PNTL capacity development, the Prime Minister requested in February that the UNMIT police appoint officers with appropriate skills as advisers in specific areas. In collaboration with Government counterparts, UNMIT identified 257 specialized adviser posts, for which 225 candidates, including 27 women, had been selected as at 20 September. In addition, the candidates (six of them women) selected for 18 of the 19 additional civilian expert posts within the UNMIT police component (see S/2011/32, para. 22) were deployed. 

29. Of the 199 PNTL officers, including 10 women, with pending criminal or disciplinary issues in December 2010 (see S/2011/32, para. 24), the Office of the Secretary of State for Security has so far recommended that criminal and/or disciplinary action be pursued against 121 (two of them women) and that no further action be taken against the other 78. A special team was formed in the Secretariat of State for Security to assist with the investigations, comprised of two PNTL officers, supported by two UNMIT police officers and an UNMIT legal adviser. 

30. Timor-Leste continues to be a leader in the region in terms of women in the police service, who currently comprise 575 of the 3,146 PNTL officers (18 per cent). Further, on 12 April, two PNTL officers were deployed to the United Nations Integrated Peacebuilding Office in Guinea-Bissau. Following the Government’s decision to recruit an additional 250 officers for PNTL (see S/2011/32, para. 25), about 9,000 applications were received and, as at 20 September, 500 candidates, 25 of them women, had passed the entry examination. 

31. On 29 April, the Border Management Information System was launched in Dili by the Secretary of State for Security, with the continuing support of the International Organization for Migration. It is designed to assist the Migration Service of Timor-Leste to record and manage border movements (see S/2011/32, para. 26). 

32. F-FDTL completed the recruitment process in May for 600 additional members (see S/2011/32, para. 27), involving 13,245 applicants. Women were selected for 92 of the 600 positions. From 30 May to 30 August, 300 new recruits, including 30 women, attended a training course at the F-FDTL training centre. 

33. F-FDTL continued to strengthen implementation of internal disciplinary procedures. On 27 May, three F-FDTL members convicted of homicide and attempted homicide for the deaths by shooting of eight PNTL officers on 25 May 2006 (see S/2011/32, para. 28) were dismissed. A F-FDTL soldier who allegedly caused the death of an elderly woman on 15 May was dismissed on 17 June (see para. 37 below). 

34. Various training and capacity-building activities were undertaken to further strengthen the institutional and human resource capacities of F-FDTL, with support  from UNMIT and other United Nations and bilateral partners (see para. 9 above). UNMIT military liaison officers continued to provide mentoring to F-FDTL officers in preparation for the deployment of the latter to the border areas as liaison officers, and implemented capacity-building initiatives to prepare F-FDTL officers for possible service in United Nations peacekeeping missions. UNMIT military liaison officers also provided support for F-FDTL maritime capacity development and disaster response. On 1 and 2 June and 9 and 10 August, the UNMIT Security Sector Support Unit and Military Liaison Group conducted seminars at the F-FDTL naval base on United Nations maritime peacekeeping operations that were attended by 37 members of F-FDTL. Twelve F-FDTL engineers began six months of joint training on 15 July to prepare for integration into a Portuguese contingent to serve with the United Nations Interim Force in Lebanon. This will be the first military contribution by Timor-Leste to a United Nations peacekeeping mission. 

E.         Support for a comprehensive review of the security sector 

35. The Government made further progress in developing the overarching legislative and policy framework for the security sector. On 3 August, the Council of Ministers approved a decree-law on the PNTL regulation on discipline, and, on 17 August, decree-laws on the use of force and an amended PNTL salary regime, for the drafting of which UNMIT had provided support. The Government also continued to prepare legislation and/or regulations on civil protection, border management and private security companies, with UNMIT support. The Office of the Secretary of State for Security continued to review the draft national security policy and presented the draft document on the comprehensive review of the security sector, prepared with UNMIT technical support, to the Council of Ministers on 11 May (see S/2011/32, paras. 30 and 31). The Secretary of State subsequently incorporated the further comments of ministries in the document. Further, UNMIT and UNDP, in consultation with the Office of the President, the Government and Parliament prepared a security sector development project aimed at strengthening civilian oversight and management capacity within the security sector; implementation of the project started on 1 September. 

36. There was further progress towards achieving the objectives and benchmarks of the medium-term strategy in the area of support for security sector institutions. The existing legislation defines clear mechanisms for civilian oversight and sets out the respective roles of the security sector institutions, providing that PNTL is responsible for internal security and that F-FDTL is responsible for external defence but may also be called upon to conduct activities in support of the civil authorities in certain prescribed situations. Yet, further efforts are needed to increase understanding of the legislative and operational frameworks, as well as human rights and gender aspects, of the security services and civilian oversight institutions.  

                        Promotion of human rights and justice 

Support for the monitoring, promotion and protection of human rights 

37. During the reporting period, UNMIT received allegations of 76 cases of human rights violations by members of PNTL and of eight by members of F-FDTL. UNMIT also received allegations of the unlawful arrest and ill-treatment of at least 20 persons during the PNTL operation undertaken in Baucau District in June (see para. 22 above). The F-FDTL member who allegedly sexually assaulted and caused the death of a 65-year-old woman in Dili District was dismissed from the military (see para. 33, above) and the Prosecutor-General has initiated a criminal investigation into this case. To strengthen internal disciplinary mechanisms, PNTL made increased efforts to regularize their implementation in all districts, although further improvements are needed in terms of maintaining records of registered complaints and updating the database.  

38. In a positive development, on 10 February, the Prosecutor-General indicted a PNTL officer in relation to a shooting incident on 28 December 2009 that resulted in the death of one civilian and injury to another (see S/2011/32, para. 33). No indictment has yet been filed in the case of an alleged assault by members of the F-FDTL against a civilian on 27 August 2010 that resulted in his death (ibid.). During the reporting period, some incidents of intimidation by community members directed against activities of Protestant churches were reported in Baucau, Dili and Manufahi Districts. The Ministry of Justice announced on 19 July that it is preparing a draft law on religious freedom.  

39. Although domestic violence is considered a public crime under the 2009 Criminal Code, a number of such cases continued to be resolved through traditional mechanisms not always consistent with international human rights standards. UNMIT monitored individual cases of reported domestic violence to assess whether measures taken by the formal justice system and relevant service providers conformed with national legal requirements. The Secretary of State for the Promotion of Equality, with support from the United Nations Population Fund (UNFPA) and civil society organizations, continued to conduct training of community leaders for raising awareness and leading dialogue on how to stop domestic violence (see S/2011/32, para. 34). PNTL, through its vulnerable persons and community policing units, also provided training countrywide to encourage community leaders to report all cases of domestic violence. 

40. On 17 May, the Ministry of Justice and the National Commission on Child Rights, supported by UNICEF, held public consultations on the draft Children’s Code, which was considered by the Council of Ministers on 17 August. UNICEF also supported the National Youth Council in developing its strategic plan. Although some progress was made towards strengthening child protection mechanisms, including the appointment of a prosecutor for child-related issues, further efforts are needed to address issues relating to the protection of children and other vulnerable groups, such as the adoption of juvenile justice legislation and the establishment of separate prison and detention facilities for women and juveniles, educational services for juveniles and services for the mentally challenged. 

41. Progress continued to be slow with respect to holding accountable those responsible for crimes and serious violations of human rights during the 2006 crisis (see S/2006/628, para. 24, and S/2011/32, para. 35). As at 20 September 2011, final judgements had been rendered in seven cases, while four cases had been closed. From 7 to 14 February, the United Nations Working Group on Enforced or Involuntary Disappearances visited Timor-Leste and commended the Government for having ratified most of the core United Nations human rights treaties and the Rome Statute of the International Criminal Court. In its preliminary findings, the Working Group also encouraged Timor-Leste to ratify the International Convention on the Protection of All Persons from Enforced Disappearance and to do more to follow up on the recommendations contained in the reports of the Commission for Reception, Truth and Reconciliation and the Commission of Truth and Friendship, including on reparations and the establishment of a public memory institute. 

42. Initiatives to strengthen the Office of the Provedor for Human Rights and Justice continued. On 8 June, the organic law for the Office of the Provedor entered into force, establishing the organizational structure and functions of the Office as well as providing for its permanent staffing. A joint UNDP and Office of the United Nations High Commissioner for Human Rights (OHCHR) programme continued to provide training and mentoring to the Provedor’s staff (see S/2011/32, para. 36). Outreach efforts also continued, including through mobile outreach clinics in six districts. On 21 March, the Office of the Provedor, together with 55 civil society organizations, submitted a joint report for the universal periodic review to be conducted by the United Nations Human Rights Council concerning Timor-Leste, for which UNMIT and UNDP provided technical assistance. 

43. Under the supervision of the Office of the Prosecutor-General, the UNMIT Serious Crimes Investigation Team continued its investigations into cases relating to crimes against humanity and other serious crimes committed between 1 January and 25 October 1999. As at 20 September 2011, investigations into 235 of the 396 outstanding cases (59 per cent) had been concluded, 51 during the reporting period. Twenty-four cases are currently under investigation, including three relating to alleged gender-based violence. On 25 January, the Prosecutor-General filed an indictment with the Dili District Court against two former Besi Merah Putih militia members. On 8 July, the Dili District Court sentenced one of the accused to nine years’ imprisonment for murder as a crime against humanity committed on 6 September 1999 in Liquiçá, after which the defence filed a notice of appeal. The second indictee has not been prosecuted as he remains at large. Aiming to complete all investigations by the end of 2012, UNMIT increased the number of Serious Crime Investigation Team investigating teams from 5 to 13. However, completion of all investigations may not be possible owing to such factors as the complexity of cases, resource limitations and limited access to certain witnesses. 

44. UNMIT continued to give high priority to the zero-tolerance policy on sexual exploitation and abuse. The HIV/AIDS Unit continued its awareness programme under the “UN Cares” strategy. From 8 January to 20 September, 733 staff (including 125 women) of UNMIT and United Nations agencies received HIV/AIDS-related training.

 B.        Support for capacity-building and strengthening of the justice system 

45. According to statistics released by the Office of the Prosecutor-General, 2,963 criminal prosecution cases were processed between 1 January and 31 August 2011, which is a significant improvement. With 2,646 new criminal prosecution cases registered, there are 4,830 pending cases. The integrated case management system (see S/2011/32, para. 40) was extended, with support from UNDP and bilateral partners, beyond the Office of the Prosecutor-General to the Office of the Public Defender, the National Directorate of Prison Services and Social Reintegration, PNTL and the courts. The Legal Training Centre, with UNDP support, offered a range of courses tailored to the needs of justice sector actors, resulting in the strengthening of capacities. UNMIT and UNDP continued to provide support to the National Directorate of Prison Services and Social Reintegration, including for the development of a parole/probation system aimed at social reintegration, for vocational training and for the strengthening of internal policies (see para. 40 above). 

46. The Government, in partnership with civil society and Parliament, made various efforts to promote implementation of the Law against Domestic Violence through public information campaigns and consultations. On 4 March, the Secretary of State for the Promotion of Equality, in collaboration with the Office of the Prosecutor-General, organized a round-table discussion on implementation of the Law with the Public Defender General, prosecutors, judges and representatives of the Ministries of Justice and Social Solidarity, as well as of civil society, UNMIT and United Nations agencies. The Secretary of State held another dialogue on the Law on 8 March with 400 village chiefs (10 of them women) from all districts to consult with them on implementation strategies. In a further initiative, on 9 August the Secretary of State hosted a national consultation on a draft three-year national action plan on gender-based violence with representatives of the justice sector, various ministries, PNTL, civil society and other stakeholders. UNMIT and UNFPA provided support for these activities through the Millennium Development Goal Achievement Fund Joint Programme. In addition, UN-Women supported the Secretariat of State for the Promotion of Equality to ensure effective implementation of gender-responsive budgeting by ministries. 

47. Notable progress was made towards meeting the objectives and benchmarks of the medium-term strategy in the area of the rule of law, justice and human rights, including with regard to the Justice Sector Strategic Plan for Timor-Leste (see S/2010/522, paras. 4 and 38). In particular, continued progress was made in the transition of international legal actors out of line functions into advisory roles. An additional four national judges (one a woman), five public defenders and five prosecutors were sworn in on 16 May, raising the totals to 25 judges (five of them women), 21 prosecutors (five of them women) and 18 public defenders (three of them women). While national judicial capacities have increased, 22 international legal actors are still supporting justice institutions, 11 in the courts, 9 in the Office of the Prosecutor-General and 2 in the Office of the Public Defender. In addition, draft laws on the recognition of customary law, access to the courts, sentence execution and juvenile justice are being reviewed by the Ministry of Justice. 

 IV.    Support for the national priorities programme, socio-economic development and humanitarian assistance 

A. Support for the national priorities programme process 

48. The national priorities programme, the targets of which constitute the international compact for Timor-Leste (see S/2008/501, para. 36), remained the main planning, monitoring and donor coordination mechanism while the Government prepared the Strategic Development Plan (see paras. 7 above and 51 below). UNMIT and the World Bank continued to support the national priorities secretariat. On 15 and 16 June, Timor-Leste and the United Kingdom of Great Britain and Northern 

Ireland co-chaired the second International Dialogue on Peacebuilding and Statebuilding, in Monrovia. At that forum, representatives of the Group of Seven Plus fragile States (co-led by Timor-Leste), together with representatives of other countries, donor partners and civil society, discussed how development assistance can better facilitate the achievement of the Millennium Development Goals (see S/2010/522, para. 44). 

49. On 5 April, the national Millennium Development Goals Steering Committee, chaired by the Minister of Finance, agreed to prioritize “off-track” Millennium Development Goal targets, particularly those relating to nutrition. The Committee also agreed to include in an advisory capacity the United Nations Resident Coordinator, the International Labour Organization (ILO), UN-Women, UNICEF, the World Food Programme (WFP) and the World Health Organization (WHO). A Millennium Development Goal suco programme was included in the 2011 State budget. Among its goals is that of constructing five houses in each of the country’s 2,228 sub-villages (aldeias) to improve the living conditions of 55,000 families over five years. 

B. Socio-economic development 

50. Public expenditure continued to drive the strong economic growth of Timor-Leste during the reporting period and the Petroleum Fund reached $8.3 billion as at 30 June 2011, according to the Banking and Payments Authority. The 2011 State budget of $1.3 billion was promulgated on 14 February (see para. 7 above). It included provisions for the establishment of an infrastructure fund ($506 million) and a human capital development fund ($25 million).  

51. From 11 to 13 July, the Government hosted the fourth Timor-Leste Development Partners Meeting, in which delegations from over 50 countries and other stakeholders, including UNMIT and United Nations agencies, participated. On that occasion, the Prime Minister officially launched the Timor-Leste Strategic Development Plan for 2011-2030 (see para. 7 above), which sets out economic growth and poverty reduction strategies covering the vital areas of social capital, infrastructure and economic development. The Meeting endorsed the Dili Development Pact, which sets out commitments of the Government and its partners for development engagement and acknowledges the Strategic Development Plan as the overarching framework for all project and programme creation and implementation. On 3 May, the President of Timor-Leste and UNDP launched the 

Timor-Leste National Human Development Report 2011; Managing Natural Resources for Human Development: Developing the Non-Oil Economy to Achieve the Millennium Development Goals. 

52. Concerning the critical petroleum sector, Parliament approved the first amendment to the 2005 Petroleum Fund Law on 23 August, allowing for increased flexibility of investment in various financial instruments and the possibility of obtaining loans. On 25 May, the Council of Ministers approved a decree-law establishing Timor Gas and Petroleum (TIMORGAP) as a public company to manage assets of the petroleum sector that are State property. In addition, the National Commercial Bank of Timor-Leste, the first Government-owned bank, was opened on 11 July, with 10 district branches. On 13 September, the Central Bank of  Timor-Leste was opened, assuming functions of the former Banking and Payments Authority.  

 53. On 8 July, the National Statistics Directorate of the Ministry of Finance issued the final results of the 2010 population and housing census undertaken with UNFPA support (see S/2011/32, para. 48). Key findings include rapid migration to urban areas; disparities between school enrolment rates in rural and urban areas; increased literacy rates; declining labour force participation and employment rates; and access to clean water by about two thirds of households.  

54. The Government continued to provide food assistance to approximately 300,000 food-insecure and vulnerable persons, with WFP support, through the maternal and child health and nutrition, school feeding and food for work/assets programmes. In June and July the Ministry of Health implemented, with support from UNICEF, WHO and bilateral partners, a country-wide integrated campaign to provide measles immunization, vitamin A supplementation and de-worming medication which reached 96 per cent of the 495,000 children targeted.  

55. On 25 and 26 February, the Secretariat of State for Professional Training and Employment, in collaboration with ILO, organized a careers exhibition in Dili, attended by 5,000 students, at which Government representatives, private enterprises, training providers and educational institutions promoted career pathways and study opportunities. On 17 June, the Secretary of State signed an agreement with ILO and the Confederation of Trade Unions of Timor-Leste for a training programme relating to the tourism sector for 700 young people. 

C. Humanitarian assistance 

56. On 18 August, the Disaster Management Working Group chaired by UNDP presented a paper to the Government on options for institutional arrangements for disaster risk management in Timor-Leste. The paper is intended to facilitate the Government’s efforts to enhance coordination between institutions with disaster response responsibilities, and to strengthen national capacities for disaster prevention, preparedness and recovery. 

V. Transition preparation 

57. UNMIT and the Government, together with other stakeholders, made further progress in the transition process (see S/2011/32, paras. 55-56). On 2 February, at its second meeting, hosted by the President and attended by the Prime Minister and other Government representatives, the PNTL General Commander and my Special Representative and senior management team, the High-level Committee on Transition agreed that the Government and the United Nations would develop a joint transition plan. The seven joint technical working groups, composed of Government and United Nations focal points, first met on 17 February and adopted an outline for the plan. To ensure coordinated action, the working groups proceeded to identify priority needs to be addressed, objectives for collaboration and specific action to be taken in the draft plan’s seven focus areas until the completion of the UNMIT mandate, on the basis of Government priorities. In addition, the working groups identified what support currently provided by UNMIT would be needed beyond the anticipated end of its mandate, and possible arrangements for handover to State institutions, bilateral and multilateral partners, the United Nations country team or other entities. Relevant working groups also involved representatives of various Member States and the donor community. In this context, and to sustain support for peacebuilding efforts, the United Nations country team worked with UNMIT and Government counterparts to establish resource requirements for activities which its members intend to strengthen between 2012 and 2014, in alignment with the Government’s Strategic Development Plan and the Dili Development Pact. In response to the Security Council’s request for an update on planning concerning the United Nations presence beyond the 2012 elections (see Security Council resolution 1969 (2011), para. 19), preliminary discussions have begun. The joint transition plan (see para. 58 below) sets out four possible models for United Nations engagement after the withdrawal of UNMIT, three of them based on experience gained in other countries and one suggested by the Government of Timor-Leste, subject to a strategic assessment and noting that any option would need to be discussed with the Government that will be formed following the 2012 elections. The Plan models currently include: (a) a political office headed by a representative of the Secretary-General, with a separate United Nations country team headed by a resident coordinator; (b) an integrated United Nations office headed by an executive representative of the Secretary-General, who would also serve as the resident coordinator; (c) a United Nations resident coordinator’s office; and (d) a political mission tailored to the specific needs of Timor-Leste. 

58. At the meetings of the High-level Committee on Transition held on 19 April and 24 June, briefings were provided by the Government and UNMIT on the progress of the working groups in preparing the joint transition plan, and members provided feedback. Briefings on the plan were also provided to relevant stakeholders throughout the drafting process. My Special Representative and her senior management team, regularly reported on the transition planning process to leaders of political parties, and representatives of civil society, donors and Member States, including through briefings after each High-level Committee meeting and in bilateral consultations. On 27 July and 17 August, the Deputy Prime Minister provided briefings on the draft plan to the Council of Ministers, which, following further consultations, approved a final text on 14 September. The Deputy Prime Minister also hosted a meeting that day with the diplomatic community, together with UNMIT and the United Nations country team, to share the draft plan, and welcomed their feedback throughout the process. At its meeting on 19 September, the High-level Committee approved the plan, which was then signed by the President, the Prime Minister and my Special Representative. To ensure that transition planning is responsive to developments on the ground, the plan will be subject to quarterly review and adjustments, as necessary. 

59. In order to enhance the skills of its national staff so that they have greater employment prospects after the Mission’s withdrawal, UNMIT is implementing a multi-phase capacity-building project combining internal and international skill certification with career development support. On 10 June, the first group of national staff graduated from the project’s first phase. Various staff of the Office of the President, two ministries and PNTL have also participated in this training project of UNMIT. 

60. The High-level Committee on Transition has also discussed preparations for the possible transfer of certain UNMIT equipment, pursuant to the United Nations  Financial Regulations and Rules and subject to General Assembly approval. Further to those discussions, the Mission has engaged with national authorities on the issue of UNMIT-managed assets and services which may be required after drawdown. On 20 July, the Mission provided the Ministry of Finance with a breakdown of UNMIT equipment and maintenance cost estimates for 56 sites where the PNTL and UNMIT police are co-located. At the High-level Committee meeting on 19 September, the PNTL General Commander made a presentation highlighting, in relation to the planned UNMIT police withdrawal, the costs of operating, maintaining and replacing UNMIT assets that are supporting PNTL. The Government and the Mission are also collaborating to ensure continuity with respect to air support, fleet management, geographic information, and translation and interpretation services, as outlined in the joint transition plan.  

VI. Financial aspects 

61. The General Assembly, by its resolution 65/297, appropriated $196.1 million for the maintenance of UNMIT for the period from 1 July 2011 to 30 June 2012. As at 31 July 2011, unpaid assessed contributions to the Special Account for UNMIT amounted to $150.8 million. Outstanding assessed contributions for all peacekeeping operations as at that date totalled $3,451.4 million.  

62. As at 31 August 2011, amounts owed to formed police contributors to UNMIT totalled $5.4 million. Reimbursement of personnel and contingent-owned equipment costs has been made for the periods up to 28 February 2011 and 31 December 2010 respectively.  

VII. Observations 

63. Among the encouraging developments during the reporting period, a key event was the resumption by PNTL on 27 March of responsibility for the conduct, command and control of all police operations in Timor-Leste, with the UNMIT police intensifying the focus on further institutional development and capacity-building of PNTL based on the Joint Development Plan (see paras. 8, 26 and 27 above). It is reassuring that the overall low rate of reported crime remained largely unchanged and that a situation of general stability and calm continues throughout the country. 

64. Nonetheless, the upcoming electoral period, with likely active campaigning and intense political competition, could pose a test for PNTL, which continues to face logistical constraints (see S/2010/85, para. 176, and S/2010/522, paras. 23 and 59). It will therefore be particularly important to ensure that PNTL has the ability to respond to potential security challenges during the electoral period and beyond, including in remote areas, which will also require that its logistical needs are adequately addressed. The UNMIT police will stand ready to provide operational support to PNTL, if required and requested, during this crucial period.  

65. To ensure effective UNMIT police support to PNTL, a key challenge will continue to be the identification and selection of qualified UNMIT police officers within the current ranks to fill the remaining specialized adviser posts (see para. 28 above), as well as the longer deployment of these and other experienced officers,  until the end of 2012. Given the deployment restrictions of some police-contributing countries, and in order to respond to the appeal by the Government of Timor-Leste for UNMIT to maximize the utilization of resources to contribute to the effective implementation of the Joint Development Plan, I encourage all countries concerned to approve requests for the extension of deployment of police officers serving in key UNMIT positions. 

66. In addition to the demonstration of Timorese leadership in resuming control over all policing operations, I welcome the continued commitment of all leaders, of political parties and civil society alike, to ensuring peace and stability in the country as it approaches the next elections, as well as the respect shown by all parties, including the opposition, for democratic processes in addressing issues of concern. In this context, I commend efforts by Timorese leaders to engage in continued and expanded dialogue, including within the framework of the “Maubisse II” initiative (see para. 11 above), and encourage their sustained engagement throughout the electoral period, which will also help to foster confidence among the population ­ women and men ­ to participate in political and electoral processes. The strong leadership of Timor-Leste in other initiatives with regional and international partners also reflects the dividends of dialogue, as shown by, for example, its role in co-chairing or hosting the second International Dialogue on Peacebuilding and Statebuilding, the first Asia-Pacific Regional Conference on the Extractive Industries Transparency Initiative and the meeting of the Organization of Supreme Audit Institutions of the Community of Portuguese-speaking Countries and the Group of Seven Plus fragile States (see paras. 9, 18 and 48 above). 

67. As for the election process itself, I am pleased with the progress made by the national electoral management bodies, with integrated assistance from UNMIT and the United Nations country team, in the preparations for the 2012 presidential and parliamentary elections. The conduct of credible and peaceful elections, for the second time since the 2006 crisis, will be a critical milestone for Timor-Leste. Member States can also play an important role in supporting the electoral process, including by sending observers and ensuring sufficient funding for United Nations electoral assistance programmes, as requested by the Government. 

68. Given the generally calm security situation and positive political climate, as well as commitments to a peaceful electoral process, UNMIT, jointly with the Government, is proceeding with the transition process on the assumption that the overall situation will remain stable and peaceful, allowing for continued planning for the Mission’s departure by the end of 2012. To optimize efforts during the remaining period ahead, UNMIT will continue to focus, in each of its mandated areas, on the priority needs and activities identified jointly with the Government in the context of the joint transition plan, which will be regularly reviewed and amended in the light of ongoing developments. Consultations will also continue on the various options for a United Nations presence in Timor-Leste following UNMIT (see para. 57 above). While striving to make further progress towards achievement of the medium-term benchmarks, UNMIT will increase its focus on providing capacity-building support in all its mandated areas, including to strengthen PNTL and other Timorese institutions. It is hoped that this support and that of others will contribute to the efforts of the Timorese leadership and people to make even further progress towards realizing their goals for the current decade, including through promoting inclusive, equitable, and sustainable growth while reducing poverty and unemployment, improving education, promoting sustainable livelihoods, and  strengthening social protection mechanisms, particularly for young people and women. The United Nations country team’s programmes and activities in these areas, which are intended to continue after the withdrawal of UNMIT, will also contribute to these efforts, provided the required funding is obtained. 

69. In conclusion, I wish to thank my Special Representative, Ameerah Haq, for her leadership, and all of the staff of UNMIT and the United Nations country team for their continued efforts to support the people of Timor-Leste in advancing peace, stability and development. I also wish to thank the international security forces for their continued support to UNMIT, including with respect to the maintenance of a stable security situation in the country.