Elections in the Context of Nation-Building
Press Release distributed at a press conference at Yayasan Hak, Dili, Timor Lorosae
9:00 am 3 September 2001
Hukum, Hak Asasi & Keadilan
(Law, Human Rights & Justice)
T-091 Gov. Serpa Rosa St., Farol, Dili - Timor Lorosae
Elections in the Context of Nation Building
The primary purpose of this election is
electing a Constituent Assembly to prepare the first Constitution for an
independent and democratic East Timor. This election might also serve
as a framework for future elections in East Timor. In short, this
is not an ordinary election, and as such ordinary standards cannot be applied
to determine whether the election can be regarded as a successful one.
Moreover, as this is an election of a body
to prepare and adopt East Timor’s first Constitution, the voter turnout
figure must not be viewed as a complete expression of this desire.
The lead up to this election for Constituent Assembly was notably characterized
by the lack of Constitutional debate, both during the civic education campaign
and the campaign of the political parties. The votes cast will reflect
the choices of political parties or person to represent the electorate
in the Constituent Assembly. However, they cannot be viewed as the
voice of the people in the formation and adoption of the Constitution.
This election has been portrayed as a model for democratic transition by UNTAET. Although the election in itself has been largely successful, we must recognize its limitations and shortcomings. Organizational inconsistencies prevented even those who were registered from voting, most notably electoral observers. Other problems resulted from lack of sensitivity for those with special needs, particularly disabled persons. Deficiencies in UNTAET sponsored electoral education process were revealed through many voters lack of understanding of the voting procedures and general understanding of the purpose of the election.
This election is a step towards democracy, but is a small step in a long process to a successful transition to democracy.
As the result of this election, the Constituent Assembly will be responsible for the next steps in the transition to democracy in the whole process of nation building. Amongst the many tasks that the Constituent Assembly is entrusted to carry out, one should certainly be to look electoral process and its shortcomings, and put forward a system which best serves East Timor.
As previously highlighted, this is an extraordinary election conducted for the purpose of writing and adopting the Constitution for East Timor. Even in the case of an ordinary election, the role of a candidate on election entails a great responsibility to ensure that they continue to reflect the will of the people and provide a space for the electorate to directly voice their concerns in decisions that affect their lives. However, in light of the importance of the tasks of the Constituent Assembly members to adopt a Constitution which will endure far beyond their term of office and even the lives of their electorates, the burden on them to reflect the aspiration of the people is even greater. An information campaign, especially on the substance of the Constitutional debates is crucial to ensure informed contributions by the people in the constitutional process.
As a fundamental principle of democratic conduct, and noting the limitations of this electoral process, it is imperative that the Constituent Assembly provides further opportunity to connect people with the decision-making process, rather than attempt to encompass the aspiration of their diverse electorate.
Dili, 03 September 2001
Yayasan HAK - Yayasan Hukum, Hak Asasi dan Keadilan Updated Sep 4
Maksud Umum: Yayasan Hak didirikan untuk maksud utama dua: 1. Kerja perkara - mewakili korban dan keluarganya di pengadilan. 2. Sokongan anjuran hak asasi manusia - melaporkan dan menerbitkan informasi mengenai HAM, proses pengadilan.
Sejarah Pendek: Yayasan Hak adalah yayasan bantuan hukum yang didirikan pada bulan Maret 1997, dan dibiayai oleh empat kelompok. Hak didirikan untuk menyediakan bermacam-macam pelayanan hukum kepada masyarakat Timor Lorosae.
Alamat: T-091 Gov. Serpa Rosa St., Farol, Dili - Timor Lorosae
Tetum: Jun 21 2000 Y-HAK: Lopes: Rekonciliasaun Housi Lei Nia Roman Article http://www.pcug.org.au/~wildwood/earlyhakt.htm
English:Jun 21 2000 Y-HAK: Lopes: Reconciliation from a Legal Perspective: http://www.pcug.org.au/~wildwood/earlyhak.htm
Yayasan HAK - Foundation of Law, Human Rights, and Justice Updated Sep 4
Human Rights, Advocacy and Community Organising
Yayasan HAK is a registered East Timorese non-government organization (ETNGO)
General Mission: Yayasan Hak has two primary functions: 1. Casework - representing victims and their families in court 2. Human rights advocacy work - monitoring, reporting and publicising human rights information, litigation
Short History: Yayasan Hak is a legal aid foundation set up in March 1997, co-funded by four funding agencies. It was established in order to provide a range of legal services for the people of East Timor.
Address: T-091 Gov. Serpa Rosa St., Farol, Dili - Timor Lorosae
Jul 24 YHak: Serious Concerns re Judicial Independence under UNTAET: http://www.pcug.org.au/~wildwood/01julconcerns.htm
Jun 21 2000 YHak: Reconciliation from a Legal Perspective: http://www.pcug.org.au/~wildwood/earlyhak.htm
Tetum: Jun 21 2000 YHak: Rekonciliasaun Housi Lei Nia Roman Article http://www.pcug.org.au/~wildwood/earlyhakt.htm
BD: Peoples' Participation / Participação Dos Povos / Partisipasaun Politika - A collection of recent media releases, reports and articles