Transformations in Independent Timor-Leste by Susana de Matos Viegas Rui Graça Feijó

Author:Susana de Matos Viegas, Rui Graça Feijó [Susana de Matos Viegas, Rui Graça Feijó]
Language: eng
Format: epub
Tags: Nonfiction, Social & Cultural Studies, Social Science, Cultural Studies, Ethnic Studies
ISBN: 9781315534992
Publisher: Taylor and Francis
Published: 2017-07-14T04:00:00+00:00

Conclusions

The case of Hotel Resende shows how key elements of the Timorese formal land tenure system remain unclear fourteen years after independence, and illustrates the difficulties that this situation causes for courts, public administration, communities and individuals. The succession of Portuguese, Indonesian, UNTAET, and Timorese legislation was not adequately addressed, permitting a coexistence – often a conflict-ridden one – of disparate legislation, further complicated by vested and competing interests. The grievances caused by conflict, dispossession and state succession have not yet been addressed, and legislation approved after independence raised further confusion.

The case of Hotel Resende also shows how the law and administrative procedures, as well as their gaps, are selectively interpreted to impose political decisions, without giving much care to individual rights. Whether or not the Coelho family or Adolfo have a legitimate claim, they are at least entitled to a fair process, with a fairly predictable outcome. Indeed, all the former occupants of the building deserve the same respect. Furthermore, this case shows how social protections for the most disadvantaged should be well established in law, and cannot depend on ad hoc procedures.

It is easy to blame state officials for not respecting the law and for haphazard approaches to eviction, but is important to look at the other side of the story. These state officials are often poorly trained, work in understaffed institutions and have limited resources; they have to navigate a complex legal framework that provides them with little meaningful guidance; finally, they have to constantly negotiate between the orders of politicians to provide cheap and fast access to land, and the rights, needs and demands of the people affected by those orders. The political structures – the government and parliament – are the ones responsible for creating the adequate legal framework, commanding the public administration institutions, and ultimately assessing and taking responsibility for the acts of officials. It is hoped that this chapter can contribute to further action on these matters.

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