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From Our Member Judicial System Monitoring Program (JSMP), Timor-Leste โ€“ Committee A of the National Parliament considers JSMP recommendations on the Draft Law Against Corruption

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Press Release
National Parliament
5 April 2019

Committee A of the National Parliament considers JSMP recommendations
on the Draft Law Against Corruption

Between 26 – 29 March 2019 JSMP observed Committee A of the National Parliament discussing and approving a special vote on a paper entitled “Substantive Text of Draft Law No. 1/V/1ยช โ€“ Law Against Corruption” that took place in Lauhata Beach, Liquica Municipality and then continued in the meeting room of Committee A at the National Parliament.

The discussion of this draft law referred to Chapter I of the draft law, and the members of parliament decided to consider JSMP recommendations to include Chapter I on “General Provisions” that sets out the aim and scope, as well as definitions on the legal terms to facilitate the work of judicial officers and to avoid ambiguous interpretation and application of concepts or terms.

“JSMP thanks Committee A of the National Parliament for considering the opinion of JSMP that
was presented in a meeting and workshop organised by Committee A several weeks beforehand”, said the Executive Director of JSMP, Luis de Oliveira Sampaio. JSMP recommended to Committee A of the National Parliament, as the representative body of the people, to continue making itself available to civil society to hear their opinions and perspectives regarding the work of drafting legislation, as a means to encourage public participation in the law making process.

The Substantive Text of Draft Law No. 1/V/1ยช โ€“ Law Against Corruption was approved via a special vote with the following 8 proposed amendments: Proposal No. 1 Chapter I on General Provisions, Proposal No. 13 Article 1 on Aim, Proposal No. 3 Article 2 on Definitions of Agents, Proposal No. 4 Article 3 on Responsibilities of legal persons, Proposal No. 5 Article 4 on Responsibilities for acting on behalf of another person, Proposal No. 6 Article 5 on joint participation in crimes, Proposal No. 7 Article 6 on Specialisation and Proposal No. 8 Article 7 on Attempts and Withdrawal.

Two proposals were withdrawn by the members of parliament during the discussion and approval via special vote because the members of parliament believed that these two proposals have not yet fully accommodated all opinions in this law and these two proposals were Proposal No. 2 on Article 1 on Aim, and Proposal No. 9 Article 8 on Subjective Accusation.

JSMP believes that the National Parliament needs time to explore, draft, analyse and examine the proposals and suggestions that have been made by a range of stakeholders, including civil society. This is crucial to ensure that important provisions on illegal enrichment, fraud in construction, conflict of interest, corruption involving legal persons, and gratuities, to prevent and combat corruption when this law comes into force.

For more information, please contact:
Luis de Oliveira Sampaio
Executive Director of JSMP
E-mail: [email protected]
Website: http://jsmp.tl/

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For a PDF version of this press release, click here