Tag Archives: Timor-Leste

Former resistance leader becomes Timor-Leste’s first partisan president

The presidential election seems to have delivered a decisive victory for FRETILIN’s Francisco ‘Lu Olo’ Guterres. With some two-thirds of votes counted, the former independence fighter has received just under 60 per cent of the vote. For the first time since 2002 Timor-Leste will have a president formally affiliated to a political party.

It is the third time presidential elections have taken place in Timor-Leste, but the first time that a presidential candidate has managed to win a majority of the votes cast in the first round. Guterres owes much of his electoral success to the support of former President and PM Xanana Gusmão (CNRT) and FRETILIN. Together, the two parties control 55 out of 65 seats in parliament. In February 2015 cooperation between the CNRT and FRETILIN resulted in the formation of a government of national unity in which all political parties were represented, including opposition parties. The fact that Guterres managed to win an outright majority in the first round shows the broad popular support these parties have in Timor-Leste.

President Taur Matan Ruak did not seek re-election but supported Guterres’ closest rival António da Conceição of the Democratic Party (PD) who received 30 per cent of the vote. Last year, President Ruak created his own People’s Liberation Party (PLP), which will participate in upcoming parliamentary elections. Recently, President Ruak has announced his desire to become the next PM.

To some extent, the presidential election was ‘business as usual’ in Timor-Leste: the candidate who has Gusmão’s support won the elections. What is new is that the president-elect is formally affiliated to a political party. So far, presidents have run on an independent ticket. Whereas under Timor-Leste’s semi-presidential system the head of state has limited executive power, in practice Timorese presidents have tended to take on the role of the opposition. During their presidency, Ramos-Horta and Ruak have frequently publicly expressed their concern with the rapid growth of the state budget, the increasing number of cases of corruption in which government officials were involved, and ‘unsustainable’ capital-intensive government investments. Both presidents lost Gusmão’s support and have only served one term.

It is unlikely Guterres will play a similarly active supervisory role during his five-year term in office. The president-elect is the official leader of the ruling party FRETILIN, which together with the CNRT will easily win the upcoming parliamentary elections.

Guterres will assume the presidency on 20 May. Parliamentary elections are scheduled for early July.

Rui Graça Feijó – Timor-Leste upcoming presidential elections: Snow White and the Seven Dwarfs?

Rui Graça Feijó is Lecturer at CES/UCoimbra and IHC/UNLisboa

Timor-Leste will hold its fourth presidential elections on March 20. In spite of the lack of opinion polls, it is possible to suggest that they will reveal a new political landscape, the extent of whose novelty is still to be decided. To start with, these elections will confirm the Timorese “rule” that no incumbent succeeds in obtaining a second term in office

The field of candidates is composed of 8 individuals who submitted at least 5,000 endorsements with a regional distribution of at least 100 in each of the country’s 213 districts. This is the same number as in 2007, and 5 less than in 2012. Underneath the “normality” of this picture, a major change is occurring: there is a very strong candidate alongside seven others with little or no chance of actually fighting for anything more than a modest result, at best an honourable second. The presidential elections will thus fulfil two purposes: one is the official task of choosing a president; the other is to help contenders ascertain their hold on popular vote and their chances in the legislative elections scheduled for June, allowing for tactical decisions. On top of that, internal party struggles, a show of personal vanity, and access to the generous public support to candidates (at least US$ 10,000 per candidate regardless of their electoral score) will play a minor part in the circus.

FRETILIN proposed Lu Olo, its chairman (not its leader, the secretary-general Mari Alkatiri), as it had done in 2007 and 2012. Both times Lu Olo came first on the initial round only to see all other candidates rally against him in the decisive one. He has now received the formal backing of the largest parliamentary party, CNRT, and most of all, of the charismatic leader of the young nation, Xanana Gusmão. He is “Snow White” surrounded by seven dwarfs.

The main rival seems to be António Conceição. He is a member of Partido Democrático, a party that suffered a heavy blow with the death of its historical leader Fernando Lasama de Araújo (2015), followed by internal strife. The party as such ceased to be part of the governmental coalition, although his ministers were allowed to remain in functions as “independent”. António Conceição is one of those, and his bid at the presidency is partly a test for a presumed bid for the party leadership. He may have the backing of a new party, Partido da Libertação do Povo, inspired by the outgoing president Taur Matan Ruak, who declined to seek re-election and is widely believed to be preparing a bid for the premiership (if the presidential elections allow for such presumption).

Former minister José Luis Guterres, whose party Frenti-Mudança is the smaller one in the governmental coalition, has also declared his intention to run.

Two non-parliamentary parties have also fielded candidates. Partido Trabalhista supports its leader, Angela Freitas, and Partido Socialista Timorense backs António Maher Lopes. Although PST has no MP, its leader, Avelino Coelho, holds an important position in government.

A former deputy commissioner in the Anti-Corruption Commission, José Neves, is among those who seek the popular vote without party support – a circumstance that in the past has been critical in winning the second ballot, as candidates in these circumstances were able to build coalitions of all the defeated runners against the “danger” of a partisan candidate. Two others fall in this category: Amorim Vieira, of whom very little is known apart from the fact that he lived in Scotland where he joined SNP; and Luis Tilman, a virtually unknown individual who also presents himself as “independent”.

A few things emerge from this picture. Against what is expectable in two-round elections in fragmented party systems (Timor has 4 parliamentary parties, about 30 legal ones, and the 2012 elections had 21 parties or coalitions running), which induce the presentation of candidates on an identity affirmation basis in view of a negotiation for the second ballot (as was the case in Timor in 2007 and 2012), this time the two largest parties negotiated a common candidate before the first round, significantly increasing the likelihood that he will be elected on March 20.

It thus highly probable that Timor-Leste will have for the first time a president who is a member of a political party. The experience of three non-partisan presidents comes to an end not because the rules of the game have been changed, but rather because the political scenario has moved considerably. Back in 2015, a government of “national inclusion” replaced the one led by Xanana with the backing of all parties in the House, even if FRETILIN, who offered one of its members for the premiership, still claims to be “in the opposition”.  The move has been called by a senior minister “a transformation of belligerent democracy into consensus democracy”. Although the outgoing president is supposed to have facilitated this development, he soon turned sides and became a bitter and very outspoken critic of Rui Maria de Araújo’s executive and the political entente that sustains it.

Now the two major partners of the entente agreed to go together to the presidential elections, signalling that they wish to continue the current government formula after this year’s cycle of elections (even if the place of smaller parties in the coalition is not secure, and a question mark hangs above the score that the new opposition PLP may obtain). More than this, they assume that the role of the president has somehow changed from being the guarantor of impartiality discharging a “neutral” function as “president of all Timorese” to be a player in the partisan game, throwing his political and institutional support behind the government coalition.

A question emerges when one considers that CNRT is the largest party in the House, and that it has relinquished the right to appoint the prime minister (who is a member of FRETILIN acting in an “individual capacity”) and now forfeits the chance of securing the presidency, offering it to its rival/partner. Will it maintain this low-key attitude after the parliamentary elections if it remains the largest party?

The CNRT/FRETILIN entente suggests that Timorese politics lives in a double stage: the official one with state officers discharging their functions, and the one behind the curtains where de facto Xanana (who is simply a minister) and Mari Alkatiri (who holds a leading position in a regional development entity) tend retain the reins of actual power. In this light, public efforts to promote the “gerasaun foun” (younger generation) in lieu of the “gerasaun tuan” (the old guard that was already present back in 1975) by offering the premiership and other jobs to those who are relatively younger needs to be carefully hold in check.

In Dili, I was told that Timorese presidents tend to suffer the “syndrome of the wrong palace”. This expression is meant to convey the idea that they become frustrated with the (allegedly limited) powers bestowed upon them by the constitution, and consider that the legitimacy conferred on them by a two round election that guarantees an absolute majority is sort of “kidnapped”. They are prisoners in their palace. They believe they have the right to determine strategic orientations and cannot find the actual means to implement them. So they look at the premiership in the palace next door. Xanana stepped down from the presidency and launched a party and a successful bid to head government; Taur Matan Ruak is trying to follow suit – but his chances are not deemed so high. If Lu Olo manages to get elected, the sort of relations he is likely to establish with the prime-minister are totally different, as he is compromised with “one majority, one government, one president” – only the president is not likely to be the one who leads. Will this resolve the syndrome issue? Interesting times lay ahead.

Rui Graça Feijó – Timor-Leste’s upcoming elections and the prospects for semi-presidentialism

This is a guest post by Rui Graça Feijó of CES/UCoimbra and IHC/UNLisboa

Timor-Leste is preparing for next year’s elections (presidentials in March/April, legislative in July). To a large extent, these will be centred around the president’s opposition to the ruling majority as from late 2015.

In 2012, Taur Matan Ruak (TMR) – the last leader of the guerrilla and Chief of Staff of the armed forces – ran as an “independent supported by Xanana’s party, ousting the incumbent Ramos-Horta in the first round and defeating Fretilin’s Lu Olo in the second. In preparation for those elections, some members of Fretilin were inclined to give TMR their support based on his track record of good relations with the party. The party’s leadership chose otherwise, but the seed for cooperation was there. It came as no surprise then that the major political event of TMR’s presidency was a broad parliamentary agreement that opened up the doors for Fretilin to join the government. In February 2015, Rui Maria de Araujo, a member of Fretilin acting in a non-party capacity, was sworn in a PM of the 6th Government – a government of “national inclusion”. For the first time since independence, all parliamentary parties had a seat in government[1]. TMR is widely credited with this development, and he came out in favour of it when he said:

“How does a democracy work without opposition? Democracy is not an end to Timor, it is a means. Between a classical form of democracy and another one consisting of reinforcing social and political cohesion, we have chosen the latter.”[2]

However, the president kept his “independent” persona: he toured more than 350 of the country’s 440-odd sukus (villages), thus decentralising contact with citizens (“It is incredible what I see there. The government has done its job. But people always want more.”), and made sure his channels of communication via the media were kept open (and thus opposed as much as he could alterations to the freedom of the press bill).

By the end of 2015 the political scenario had evolved. Parliament passed a bill making it more difficult to register new political parties. The president held back the law until a party widely tipped to be his own creation had the chance to register under the old rules. A few weeks later, he vetoed the 2016 state budget that had been passed by a unanimous vote in the House, and appealed to parliamentarians to introduce substantial changes, arguing for his vision of the country based on contacts with the population. They took a blind eye to the president’s recommendations and insisted on the very same budget. The rupture between the president and the government majority was consummated. In hindsight, it is possible that the president believed the change of government also meant a new political orientation that never materialized.

Last February, using his constitutional powers, the government proposed to extend the mandate of the Chief of Staff of the armed forces, who had been TMR’s second in command. The president disagreed – a decision within his powers. However, he went two steps further: he dismissed the military commander and appointed a new one without consultation with government – and this was not within his constitutional powers. A serious conflict ensued, the result of which is still pending. The president stepped back from the dismissal and the new appointment, but has thus far not resolved the issue in spite of lengthy negotiations.

More recently, the parliamentary majority enacted a law on the composition of the National Electoral Commission which met with TMR’s opposition, but which he was again forced to sign after a second parliamentary vote. TMR expressed the hope that the new body would not be implemented before the next round of elections – as the Commission is dependent on the government and parliament, excluding civil society from its composition, thus being prone to manipulation by those who already have seats – but it seems the old members have been notified of the termination of their term in office.

TMR has made it known that he would not seek re-election, creating a situation in which none of the first three presidents was elected for a second consecutive term. It is believed he will follow Xanana’s example of creating his own political party and fight the legislative elections after he steps down. An “executive syndrome” seems to have struck again in a country whose president is entrusted with significant but not executive powers.

In spite of serious confrontations between the president and the government (after the 2006 crisis), including in prominent place the definition of the president’s competences in matters of national defence and security that Lydia M. Beuman (2016) considered the “Achiles heel” of semipresidentialism in young democracies, but which have extended to other realms, there is no sign that the Timorese will place a revision of their constitutional system on the agenda for the upcoming elections. The debate will continue on the profile of presidential powers (Beuman 2016, Strating 2016) which, in my view, are quite considerable but lack executive competences. In a way, the “pouvoir d’empêcher” overweighs the competences for initiative, which nevertheless are present in the array of his powers (Feijo, 2016).

After having elected three “independent” presidents, entertaining the idea that there was a clear difference between the realm of presidential powers and that of government, the 2017 elections could finally see the election of a party candidate, as Fretilin seems to insist that it is now “Lu Olo’s turn”. However, it may also be that a strong “independent” candidate may emerge (rumours have it that former president Ramos-Horta is considering his bid). Without constitutional changes, the upcoming elections may bring substantial innovations nonetheless.

References

Beuman, Lydia M., 2016. Political Institutions in East Timor. Semi-presidentialism and Democratisation. London & New York, Routledge

Feijó, Rui Graça, 2016. Dynamics of Democracy in Timor-Leste. The birth of a democratic nation, 1999-2012. Amsterdam, Amsterdam University Press

Strating. Rebecca, 2016. Social Democracy in East Timor. London & New York, Routledge

[1] Later, PD would be removed from the governing coalition.

[2] http://www.rtp.pt/noticias/mundo/timorenses-tem-estado-a-aprender-fazendo-afirma-taur-matan-ruak_n874728 accessed July 8, 2016

Timor-Leste – Veto Behaviour of Nonpartisan Presidents

Timor-Leste became formally an independent state in May 2002. Since independence and excluding two interim presidents, the country has had three presidents – Xanana Gusmão (2002-2007), José Ramos-Horta (2007-2012), and Taur Matan Ruak (2012-).

Article 85c of the constitution of Timor-Leste empowers the president to veto any bill. The constitution makes a distinction between bills created by the government (projetos de lei) and parliamentary bills (propostas de lei). Vetoes against government bills are absolute and cannot be overridden by parliament. Parliamentary bills vetoed on constitutional grounds require a two-thirds majority of the deputies present to be overridden (art. 88.3). A political veto can be overridden by the parliament with an absolute majority (art. 88.2).

President Gusmão (2002-2007)

In the presidential elections Gusmão ran as an independent. However, his candidature was publicly supported by virtually all (opposition) parties except for FRETILIN, the party that held a majority of seats in the parliament. The relationship between President Gusmão and Prime Minister Alkatiri, the leader of FRETILIN, was one of ‘conflictual cohabitation.’[1] Between May 2002 and June 2006 when Prime Minister Alkatiri resigned President Gusmão vetoed 3.2% of legislation (4 laws), the Tax Law (2002), the Immigration and Asylum Law (2003), the Freedom of Assembly and Demonstration Law (2005) and the Penal Code (2006).

In July 2006, José Ramos-Horta, an ally of the president, was appointed interim prime minister until the 2007 legislative elections. The composition of the cabinet and parliament remained largely unchanged.[2] During Ramos-Horta’s prime ministership, the president vetoed 8.3% of legislation (2 laws), the Law on Pension for Former Deputies (2006) and the Law on Pension for Former Officials (2007). So, the president vetoed more laws but a lower percentage of laws under ‘cohabitation’ than when the president and prime minister (but not his ministers!) were political allies.

President Ramos-Horta (2007-2012)

Like his predecessor, former Prime Minister Ramos-Horta ran as an independent in the 2007 presidential elections. His campaign was backed by all political parties bar FRETILIN and KOTA, which backed the FRETILIN candidate Francisco Guterres (Lu-Olo).  The veto rate under President Ramos-Horta was 7.9% (4 vetoes), the Law on Precedence in State Protocol (2010), the Land Law (2012), the Expropriation Law (2012) and the Real Estate Fund Law (2012).

President Taur Matan Ruak (2012-)

On 16 April 2012, the former commander of Timor-Leste’s defence force was elected president. Also Ruak was elected as an independent, but was supported by the National Congress for Timorese Construction (CNRT), the ruling party of the incumbent prime minister and former president Gusmão. So far President Taur Matan Ruak has promulgated 49 laws and has not vetoed any bill.

What explains the different veto behaviour of the three presidents? Situations like cohabitation or divided executive that are often hypothesised to explain variation in veto behaviour have little explanatory power in Timor-Leste given that all presidents have been formally nonpartisan. To be sure, leading scholars hold that cohabitation cannot emerge in democratic regimes where presidents are nonpartisan.[3] However, Timor-Leste demonstrates that non-partisans are unpredictable. The veto activity of, in particular, Ramos-Horta, indicates that his apparent partisan leanings did not guarantee his unwavering loyalty to the prime minister’s party.


[1] Beuman, L. M. (2013) ‘Cohabitation in New Post-Conflict Democracies: The Case of Timor-Leste’, Parliamentary Affairs, 1-23. doi:10.1093/pa/gst016.

[2] Prime Minister Ramos-Horta took charge of the defence portfolio and entrusted his previous portfolio of foreign affairs to José Luís Guterres, a fervent Alkatiri opponent. All other cabinet ministers who had served under Alkatiri were reappointed to Ramos-Horta’s new cabinet.

[3] Samuels, D. J. and Shugart, M. S. (2010) Presidents, Parties and Prime Ministers. How the Separation of Power Affects Party Organization and Behavior. Cambridge: Cambridge University Press.