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Also: E Timor May Delay Drafting Constitution On Advice From
U.S.
Assembly Passes Motion to Extend Consitutional Debate
January 10, 2002
Mr. Francisco "Lú-olo" Guterres
Speaker Constituent Assembly
Dili, East Timor
VIA FACSIMILE
Dear Mr. Guterres:
It is with great honor and respect that we write to you now after so
many years of struggle to achieve the nationhood you have won. As fellow
legislators, we have been following political events as they unfold in
East Timor and watching with keen interest the advances you and your
colleagues continue to make in the Constituent Assembly.
As lawmakers, we understand the very difficult process of writing a
fundamental and complex document such as a constitution. We also
understand that, because of the particular hardships confronting East
Timor, your challenge is great. Since the beginning of the process, you
have had to work under very tight time constraints. You have also had to
contend with the legacy of Portuguese and Indonesian colonialisms that for
centuries systematically denied your people the right to participate
effectively in government. It is with this in mind that we hope you will
grant us the privilege of making the following suggestions.
Although the Constituent Assembly recently voted to extend its
deliberations on the draft constitution until January 25, we are concerned
that external pressures are forcing the Assembly to rush the process. From
our end, we want to assure you that we would like the Constituent Assembly
to have as much time as it needs to write the best possible constitution
for East Timor. In this regard, we propose that you consider further
extending the session, perhaps by two months beyond that date. Your
Constitution would still be finished well before formal independence. The
extra time would enable more thorough discussions and additional
consultation within the Constituent Assembly and throughout East Timor. We
are not aware of any legal reason for, or particular benefit in,
completing the constitution before the UN Security Council meeting at the
end of January. Rather, the UN meeting could be used in part to show the
Constituent Assembly’s progress to date. In our own country’s history,
more than one year passed between the opening of the Constitutional
Convention and the ratification of the Constitution, and it took more than
three additional years to incorporate the Bill of Rights.
We view a country’s constitution, both yours and ours, as a work in
progress that requires flexibility, time, and revision to develop a living
document that truly reflects the aspirations of the people it will govern.
Thus, we would also suggest that you consider the frequently used practice
of a constitutional review process within a few years of initial passage
of the constitution. Such a review process could take on any number of
forms from the formation of an independent commission to a parliamentary
review. Again, we refer to U.S. history, in which the process of electing
the President and Vice-President was redefined 16 years after our
Constitution was adopted, and the election of Senators was changed more
than a century later.
We thank you for allowing us the opportunity to share our thoughts with
you. Please let us know if we can be of any assistance to you as you
continue the constitution-making process.
We look forward to your response and to further dialogue with you and
your colleagues.
Best wishes for the New Year.
Sincerely,
Dennis J. Kucinich
Member of Congress
Barbara Lee
Member of Congress
Chris Smith
Member of Congress
Anthony D. Weiner
Member of Congress
Tammy Baldwin
Member of Congress
Bernard Sanders
Member of Congress
Lane Evans
Member of Congress
Sam Farr
Member of Congress
cc: Honorable Sergio Vieira de Mello, Special Representative of the
Secretary General
Honorable Francisco Xavier do Amaral, ASDT
Honorable Clementino dos Reis Amaral, KOTA Honorable Mariano Sabino Lopes,
PD
Honorable Arlindo F. Marcal, PDC
Honorable Armando José Dourado da Silva, PL Honorable Aliança Conceicao
de Araújo, PNT
Honorable Jacob Xavier, PPT
Honorable Mário Viegas Carrascalão, PSD
Honorable Pedro Martirez, PST
Honorable Vicente da Silva Guterres, UDC/PDC
Honorable João Viegas Carrascalão, UDT
UNITED NATIONS TRANSITIONAL ADMINISTRATION IN EAST
TIMOR
Dili, 18 January 2002
ASSEMBLY PASSES MOTION TO EXTEND CONSTITUTIONAL DEBATE
East Timor’s Constituent Assembly passed a motion today to extend its
deliberations on the draft Constitution beyond the current 25 January
deadline.
A proposal was made to extend the deadline to 28 February, but the
motion passed did not specify a date. Instead, the new deadline will be
debated by a working commission.
Seventy-four Assembly members voted in favour of the motion, five
opposed the motion and three abstained.
The Assembly has now passed 129 articles of the 151-article draft
Constitution.
E Timor May Delay Drafting Constitution On Advice
From US
DILI, East Timor, Jan. 15 (AP) -- East Timorese leaders said Tuesday
that they could delay drafting the country's first constitution, after
several U.S. Congress members advised the nascent nation to take more time
in properly penning the supreme law.
Members of East Timor's democratically elected assembly debated the
move Tuesday, with some saying completion could be delayed by at least one
month.
The United Nations, which is administering the territory until it
achieves full independence in May, had hoped the national charter could be
written before Jan. 25, when the U.N. Security Council meets to review
progress.
But eight U.S. Congress members wrote to the assembly last week
expressing concern that the body was pushing too hard to finish before the
end of the month. The letter suggested extending the drafting period by
two months.
"The extra time would enable more thorough discussions and
additional consultation," it said.
East Timor assembly member Mario Carrascalao said local lawmakers were
open to the idea. Some leaders said they were working too fast, sometimes
debating up to 13 proposed constitutional articles every day.
"We want to write a good constitution, not follow outside
pressure. If we write it quickly, then the government and parliament will
be temporary," Carrascalao said.
U.N. officials denied they were putting too much pressure on the
assembly.
"There is no deadline for the constitution to be completed,"
U.N. political affairs chief Colin Stewart said. "If the assembly
wants to take more time, then that is better."
Indonesia invaded East Timor in 1975. In 1999, the territory voted
overwhelmingly for independence in a U.N.-sponsored referendum. A violent
rampage by the Indonesian military and local militiamen killed hundreds
and left much of the territory in ruins.
The eight Congress members writing the appeal were: Dennis Kucinich,
D-Ohio, Barbara Lee, D-Ill., Chris Smith, R-N.J.., Anthony Weiner, D-N.Y.,
Tammy Baldwin, D-Wis., Bernard Sanders, I-Vt., Lane Evans, D-Ill. and Sam
Farr, D-Calif.
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