25 November 2010

National Oil Company draft law is dangerous and premature

Timor-Leste's State Secretariat for Natural Resources recently opened a brief public consultation on a decree-law to create PETRONATIL, a state-owned petroleum company.  They hope that the Council of Ministers will approve it on 30 November, and the proposed 2011 General State Budget allocates two million dollars to get it started.  La'o Hamutuk has many serious concerns about this proposed legislation, which we described in our submission, available for download here.
Our submission discusses the following:
  • National oil companies are dangerous, and we should learn from failures as well as successes.
  • The public consultation process is inadequate.
  • PETRONATIL should be established by Parliamentary law, not decree-law.
  • PETRONATIL should serve the people of Timor-Leste.
  • This Decree-Law must be written clearly.
  • PETRONATIL should follow the rules for state agencies.
  • PETRONATIL needs to be transparent and accountable.
  • PETRONATIL should be designed to prevent corruption.
  • PETRONATIL should not be given more power than it needs.
  • PETRONATIL’s profits must be paid into the Petroleum Fund, not reinvested in the company.
  • PETRONATIL should not be empowered to borrow or issue bonds.
We also made a submission on the Institute for Petroleum and Geology (IPG) draft law, recommending that it be established as a department of the State Secretariat for Natural Resources, rather than an autonomous agency with wide-ranging powers and little accountability.
Click here for the draft laws and background information.

20 November 2010

2011 Budget Documents available on-line

On 15 November, the Government presented copies of a six-volume set of budget books to Parliament, some in Portuguese and some in English. Although the Ministry of Finance refuses to make electronic copies of the $985 million budget available, La'o Hamutuk has scanned the budget law, its annexes and the Explanatory Note, translated them to English and posted them on our website, which includes analysis and related documents.
Download all of Book 1 and the Law, with annexes, as a 1.3 MB PDF file.

16 November 2010

2011 Budget, Petroleum Fund Law, PETRONATIL - Oh my!

Timor-Leste's Government -- especially the sister and brother who head the Ministry of Finance and the State Secretariat for Natural Resources -- has been busy. This week alone will see:

08 November 2010

LH Submission on Petroleum Fund revision

As we wrote a few weeks ago, the Ministry of Finance circulated draft revisions to the Petroleum Fund Law and asked for comments by 5 November.  La'o Hamutuk made a 7-page submission (also available as PDF) advocating against many of the proposed changes. Our main points are:
  • The Petroleum Fund Law has served Timor-Leste well over the last five years, and there is no pressing need to revise it. It should provide policy continuity and protect our oil and gas wealth for future generations, and not only support current activities.
  • It's too soon to put half the Fund in the stock market. The proposal is to increase the amount allowed in equities from 10% to 50%, even though the Ministry plans only 25% equities and the Investment Advisory Board (IAB) recommended a 40% maximum. Since Timor-Leste's experience with equities began only last month, we suggest that the current 10% limit continue for at least two years, while our managers, leaders and people gain experience and familiarity with the ups and downs of stock prices.
  • Diversification can be helpful, but it is not gospel. It can include bad as well as good investments, and must be managed carefully. Diversification also applies to advice (getting more inputs and consultation) and productive sectors (not depending only on petroleum for revenues).
  • Alternative instruments are dangerous. The proposal is to allow up to 5% of the Fund ($330 million) to be invested in real estate, private equities or other items not traded on regulated markets.  This could include scams like Asian Champ Investments, or the kind of speculation that brought Nauru from the richest country in the world (per capita) to one of the poorest.
  • Can leaders elected for five years successfully implement the long-term investment strategy necessary to maximize the return on equities investments? This is how Warren Buffet became rich, but political and short-term pressures from a country with tremendous needs may make it impossible.
  • The Investment Policy defined in these revisions should be a public document, with legal force and approval above the Minister of Finance.
  • Don't weaken the sustainable income rule. The proposal is to change the "detailed explanation" to a "justification" when the Government wants to spend more than 3% of Timor-Leste's petroleum wealth in one year. This could be a single sentence of political intention. Although the current guideline has not worked well in recent years, we do not believe it should be made easier to violate, and have proposed changes which will make it more effective in protecting the nation's nonrenewable wealth.
  • Keep the Banking and Payments Authority as Operational Manager. The BPA has worked well as a professional, nonpartisan, independent state institution and has built its capacity and experience during the last five years of managing the Petroleum Fund. We believe that the proposal to replace it with an undefined agency "accountable to the Government" will reduce checks and balances and professionalism, endangering the security of the Fund.
  • Maintain the independence of the Investment Advisory Board. The proposal is  to remove voting powers from the BPA and Treasury representatives, to have all IAB members appointed by the Prime Minister (instead of the Minister of Finance), and to reduce the protection against conflict of interests. These are dangerous steps which will make the board more subject to political pressures.
The Ministry of Finance will propose their revisions to the Council of Ministers soon, which will send them to Parliament for enactment. We hope that their long-term consequences are considered carefully.  Click for more information on the Petroleum Fund and on the revision process, with links to many documents.

24 October 2010

Pending revisions could seriously weaken the Petroleum Fund Law

Public comments were due 5 November. LH's comment.

In the five years since it was unanimously enacted by Parliament, Timor-Leste's Petroleum Fund Law has served the nation well. We have accumulated more than $6.6 billion dollars in the fund, which has provided a model for other oil-export-dependent countries of responsible and safe revenue management. Our conservative investment strategy made Timor-Leste's Petroleum Fund the only Sovereign Wealth Fund in the world not to lose money during the 2008 global financial crisis, even though the return on investment has been less than many had hoped. The Law's guideline of spending no more than 3% of the nation's total petroleum wealth in a single year has supported consideration of long-term fiscal sustainability (even though the Government overspent the rule in 2009 and 2010).  The prohibition of the use of the Fund as collateral for loans has helped to encourage fiscal responsibility, a counterweight to pressures to spend large amounts of money quickly.

Timor-Leste's Petroleum Fund pays for 95% of state activities, including provision for many people's basic needs. Without oil and gas revenue our state would be bankrupt and our people would be hungry. Poverty will increase, and we will not be able to use our non-renewable petroleum birthright to build a non-oil economy which can function after the oil and gas runs out in less than a generation.

Imminent revisions to the Petroleum Fund law endanger the security it has provided since 2005. Risky investments could lead us down Nauru's path from wealth to poverty.  Spending beyond sustainable levels will impoverish our grandchildren, especially in light of our growing population and high rate of inflation.

Since last year, the Ministry of Finance has been preparing to revise the Petroleum Fund law, hiring consultants, drafting papers, and holding private and public meetings.  The pace has increased during the last two months, with the goal of passing revisions through Parliament by the first quarter of next year.  La'o Hamutuk believes it is important for every citizen to have a chance to give informed input to decisions that will impact their lives for the indefinite future.

In early September, the Fund's Investment Advisory Board released a Statement of Investment Beliefs and Principles which encourages diversification into equities (stocks) as well as bonds, using external managers.

During the past three weeks, the Council of Ministers has had several discussions on diversifying current investments (90% in government bonds, up to 10% in traded stocks) to include more stocks, as well as real estate, infrastructure, and other instruments. Given the attempt to scam the Fund of a billion dollars last year, caution is required. Although everyone wants the Fund's investments to earn a higher return, wishing doesn't make it so.  Risking the Fund's principal in the hopes of high profits will endanger the future of our children, and a state which faces the voters every five years may not be able to carry out a long-term investment strategy, with gains and losses to the invested principal. 

The Council of Ministers has considered other revisions to the law, including weakening the justification required for spending unsustainably, and the Ministry of Finance circulated draft amendments to the law (also Portuguese) at a "mini-seminar" on 23 October, asking for comments by 5 November.  The draft amendments allow up to 50% of the Fund to be invested in equities (stocks), including up to 5% in "alternative" investments like real estate, infrastructure or private equities.  A summary of La'o Hamutuk's submission is available here, and the full text is here.

On 18 October , the Ministry of Finance announced the appointment of Schroders Investment Management Ltd. to manage $260 million of the Petroleum Fund, which they will invest in stock, using the flexibility in the current law.

La'o Hamutuk hopes that there will be a serious discussion of these proposed changes, which will include many perspectives  on their benefits, drawbacks, implications and risks.

20 October 2010

Who is Responsible to End Impunity?

Public Meeting on Justice for Serious Crimes during the Indonesian Occupation
The Indonesian occupation of Timor-Leste ended eleven years ago, and our people continue to demand justice for the masterminds of the crimes committed from 1975 through 1999. La’o Hamutuk will organize a public meeting to discuss whether Timor-Leste has to continue to live in a climate of impunity, and what has been done and can be done to hold perpetrators of serious crimes accountable.

Date:     Monday, 25 October 2010
Time:    9:00 am to 5:00 pm
Place:    The CAVR office, former prison, Balide, Dili.


Speakers:     Judge Maria Natercia Gusmão (former UNTAET Special Panels judge, not yet confirmed), Martinho Rodrigues (representing victims), Charlie Scheiner (international human rights activist), Celestino Gusmão (National Alliance for an International Tribunal), Vice-Minister Ivo Jorge Valente (Vice Minister for Justice), MP Jose Teixeira (Minister in previous government), Louis Gentile (representative of the High Commissioner for Human Rights, not yet confirmed), MP Fernanda Borges (Chair of Committee A, National Parliament).

On 25 October 1999, the United Nations Security Council approved Resolution 1272 to establish the UNTAET Mission in Timor-Leste “which will be endowed with overall responsibility for the administration of East Timor and will be empowered to exercise all legislative and executive authority, including the administration of justice.” That date marks the official end of the Indonesian occupation, and the legal transfer of administrative responsibility for Timor-Leste from Portugal to the United Nations.

Resolution 1272 expresses the Council’s “concern at reports indicating that systematic, widespread and flagrant violations of international humanitarian and human rights law have been committed in East Timor, stresses that persons committing such violations bear individual responsibility.”  It also “Condemns all violence and acts in support of violence in East Timor, calls for their immediate end, and demands that those responsible for such violence be brought to justice.”

During the next few months both UN and international investigations concluded what was obvious at the time – that Indonesian-directed occupation and destruction of Timor-Leste was organized, systematic, widespread and involved the commission of numerous Crimes against Humanity, war crimes, and other serious offenses.

Various justice processes since then have failed to judge the Indonesian military and political leaders who are responsible for these serious, international crimes. UNTAET tried to cooperate with the Indonesian government to achieve justice, but Jakarta lacked the political will to follow through on its commitments. The UN and other nations, in spite of repeated declarations that impunity can never be tolerated for crimes of this magnitude, have failed to fulfill their obligations and promises.

19 October 2010

ASEAN and Free Trade

La'o Hamutuk has published a new web page in English and Tetum on ASEAN and Free Trade and its implications for Timor-Leste.

In 2002 Timor-Leste became an observer to the Association of South-East Asian Nations (ASEAN), and our Government of Timor-Leste is now working to become a full member. ASEAN includes Indonesia, the Philippines, Brunei, Thailand, Malaysia, Singapore, Laos, Cambodia, Burma and Viet Nam, with agreements and cooperation focused socio-cultural, security, and economic areas.

To join ASEAN, Timor-Leste must accept neoliberal agreements on free trade among all ASEAN members, as well as with India, China, South Korea, Japan, Australia and New Zealand. These agreements will force Timor-Leste to obey rules on tax policy, Foreign Direct Investment and other social and economic policies, limiting our independence an ability to control our economy.

La'o Hamutuk believes that Timor-Leste should decide its social and economic policies and strategies, to most benefit our local economy, before evaluating benefits and risks of ASEAN membership. We believe that Timor-Leste's high dependency on imports, small amount of local production and lack of barriers to market access means that we will receive few economic benefits from joining ASEAN, which comes with great risks.