12 November 2016

Remembering the Santa Cruz Massacre, the Movement seeks Justice and Equality

Brief article, as an informative reflection for readers who continue the struggle for justice and social equality for the people of Timor-Leste

People in Timor-Leste and the international community know that the Santa Cruz massacre was an historic moment which represents the long suffering of the Timorese people. This massacre revealed the crimes against humanity committed in Timor-Leste during the illegal Indonesian military occupation to the whole world. This massacre, one of many other massacres and systematic and planned crimes against humanity throughout Timor-Leste’s territory, were no longer kept secret from the world.

At that moment, the 12 November 1991 massacre was not a surprise to the leaders of large nations like Australia and the United States. Since 1975, they had given strong support to Indonesia’s various crimes in Timor-Leste.  They support the Indonesian military to invade and occupy Timor.

But the massacre on 12 November 1991 opened they eyes of people around the world to the suffering and death of the Timorese people. They heard and saw evidence – video and testimonies from international journalists – and worldwide people were shocked and no longer trusted Indonesian propaganda and lies. Activists began to find ways to bring the cries of the Maubere people to global authorities. For example, in the United States, activist friends came together to build the advocacy network called the East Timor Action Network (ETAN).

Although the states of Timor-Leste, Indonesia, the USA, Australia and the international community don’t yet prioritize accountability for these serious crimes cases, people will continue to seek justice. Eventually we will end prevalent impunity. Impunity comes when the perpetrators of serious crimes walk freely and get high positions, and they continue to repeat their crimes in other places. Today, the Indonesian military conducts operations against the people of Papua, Maluku and elsewhere.

Earlier, international solidarity networks understood and responded to Timor-Leste’s suffering, and sought a just solution for the Timorese people. Today, through international solidarity, people from the USA, Indonesia and other nations stand together with the people of Timor-Leste to find a path toward justice and accountability for those past crimes.

The Timor-Leste National Alliance for an International Tribunal (ANTI) continues strong and has not reduced its struggle against impunity. It continues to campaign for justice for the Timorese people and accountability for criminals. ANTI and the justice-seeking movement continues to exist because impunity continues to prevail.

Many people continue to praise our young people’s determination and total dedication which has today made Timor-Leste and independent nation, free from foreign dictators. Now, Timor-Leste needs our youth and students to use their energy to continue the struggle against inequality, against corruption, against poverty, malnutrition and a poor quality of life. We carry on this struggle to achieve justice, peace, and long-term stability.

All young people, we need to be brave to struggle to escape from our dependence mentality. His dependency has two levels: personal and national. It is past time to wake up from our long drowsiness, to stop playing and start working. We have a huge task ahead, but the road to social equality will eventually be good for us all – as individuals, as community members, and as citizens.

To my young and student friends, please give time to read the historical facts which are written in the Chega! report. By knowing our history, we can make better decisions for the future of our land. Come together, as youth and students, to understand and correct the mistakes of our leaders. Every decision that the powerful take today will affect our long future on this journey of life, as a nation and a state. Communicate with international solidarity friends, because our struggle for social justice can succeed when people of all nations stand together.

The struggle continues!

The author, Celestino Gusmão, is a member of the Organizasaun Sagrada Família and ANTI and works for Timor-Leste through the La’o Hamutuk Institute.

Thank you.

10 November 2016

LH asks Parliament to take a better budget path

Parliament is currently discussing the proposed Timor-Leste General State Budget for 2017. La'o Hamutuk discussed this issue with Committee C last Monday and will present to a Parliamentary Seminar later this week. This blog article is a slightly abridged version of our written submission to them. The full text is on our website in English or Tetum. More information and documents are on our web page on the 2017 State Budget.

Submission to Timor-Leste National Parliament
from La’o Hamutuk
on the Proposed General State Budget for 2017
7 November 2016

Although Timor-Leste has already spent $8 billion of what we received by converting our non-renewable oil and gas assets into cash, large numbers of Timorese people still live in poverty and without access to basic services such as sanitation, clean water and adequate healthcare and education. Although the recent Government report on poverty says that the percentage of Timorese people living in poverty has gone down, there are still unacceptably high levels of child malnutrition and poor people; in fact the 489,000 Timorese people living in poverty in 2014 is only slightly fewer than the 509,000 reported in 2007. Most of them have not yet shared in the benefits from their petroleum wealth, which is the birth right of every Timorese citizen.

Higher budget execution rates are unrelated to the quality of spending and the projects being prioritized. While people lack access to clean water around the country, the Government is building a billion-dollar highway on the South Coast in the hope that the area will one day become a petroleum industrial zone. Hundreds of millions of dollars are being allocated to building airports and a container port, while rural roads continue to deteriorate and local food production is stagnant.

La’o Hamutuk believes that Timor-Leste badly needs an economic and social development program which is based on facts, not fantasies. Industry experts agree that the largest proposed project – Tasi Mane – is not economically viable, and it should have been re-evaluated long ago. We continue to neglect the local, non-oil economy; agricultural production, which is vital for most people’s well-being, is not growing.

For these reasons, we would like to share our analysis so that Parliament can enact a budget which fulfills the promise of the Petroleum Fund Law to benefit current and future generations.

Petroleum revenues have almost ended.

More people are realizing that Timor-Leste’s oil and gas reserves have almost run out, and La’o Hamutuk appreciates that the Ministry of Finance and the Central Bank share this vital information. However, we believe that more discussion and understanding is necessary to ensure that spending policies reflect the urgent situation Timor-Leste now faces.

Kitan, the smaller of Timor-Leste’s two producing oil fields, ended production last year, and Timor-Leste is no longer receiving revenues from this field. It is not “suspended” – the floating infrastructure that processed its oil has sailed away. Even if world oil prices go back up, no legitimate oil company will be interested in re-starting a field which has so little oil left to recover. The investment would not be worth the return.

Furthermore, this table from Budget Book 1 shows that Bayu-Undan, the field which has provided about $20 billion for Timor-Leste over the last ten years, will provide only $604 million more from 2017 to 2021 and nothing after that. In other words, Bayu-Undan has only three years of production left and will provide only minimal revenues after 2017.

The proposed 2017 budget expects that Timor-Leste will receive only half as much money from Bayu-Undan during 2017-2021 as the proposed 2016 State Budget predicted just one year ago. The latest projections continue the trend of downgrading revenue projections every year since 2013, as shown in the graph at right. While the 2014 drop in global oil prices was significant, the reality is that the price of oil will soon be irrelevant – Timor-Leste’s producing reserves have already been almost entirely extracted. The ANPM recently authorized ConocoPhillips to drill three more production wells to suck up the last drops from Bayu-Undan; the cost of these wells will be deducted from Timor-Leste’s revenues, accelerating their decline.

This graph of the country's monthly oil income during the last six years does not give much hope for the future.

Excess withdrawals threaten the Petroleum Fund.

As Timor-Leste’s last oil reserves are extracted, and the Petroleum Fund’s balance continues to fall due to withdrawals larger than income and poor investment performance, the budget envisions continuing to take large amounts from the Fund to finance its ‘front-loading’ policy. The proposed 2017 budget of $1.39 billion will require a withdrawal of over a billion dollars.

The Government plans to withdraw almost four times the Estimated Sustainable Income (ESI) every year between 2018 and 2021. This will reduce the future ESI to less than $400 million by 2021, and the Petroleum Fund balance will have fallen to $13 billion, $3 billion less than today. The 2017 budget withdraws less than is being done in 2016, not because spending is going down, but because the mid-2016 budget rectification already appropriated an additional $391 million for infrastructure.

As the graph at right shows, the balance in the Fund reached its peak more than a year ago, and it will continue to fall.


While La’o Hamutuk appreciates that the Ministry of Finance acknowledges that revenues from oil and gas are ending, and that current spending plans will reduce the Petroleum Fund’s balance, their prediction for when the Fund will run out (2032 at the earliest) is too optimistic.  If current plans are carried out, La’o Hamutuk estimates that the Petroleum Fund could be empty by 2027, as shown in the graph at left. (If Fiscal Reform achieves its goal to increase non-oil revenues to 15% of non-oil GDP by 2020, the Fund will last one year longer although austerity will be less severe.)

One reason that the Ministry of Finance’s calculations are too optimistic is that spending projections in the Budget Books are not serious – for example, budgeted amounts on virtually every line in Book 4 (CFTL spending) increase by 4.00% each year after 2017, including for elections (which will go down after the election year) and loan repayments (which will cost more than is budgeted). This means that future spending is not accurately projected, and the Budget Books paint a misleading picture of how much will be needed. We urge Parliament to ask the Government for a more thorough analysis of future expenditures.

Timor-Leste has moved from dependency on revenues from selling oil and gas, to dependency on the returns from the Petroleum Fund investments. Unfortunately, these returns cannot provide as much money as we have been spending, and they will decrease as the balance in the Fund drops from repeatedly withdrawing more than the Estimated Sustainable Income (ESI).

Investment returns are not predictable, and we encourage the Ministry of Finance to use more prudent projections, with high and low cases, for investment returns. This is required by the Petroleum Fund Law: “The assumptions made, without exception, shall be prudent, reflecting international best practice and based on internationally recognized norms .”

Although the Ministry has done this for oil price and production assumptions, they have never made prudent estimates of investment return. Rather, Book 1 of this proposed budget explains that “The expected long-term nominal portfolio return remains unchanged from last year’s forecast of 5.7 percent nominal per annum.”  However, Petroleum Fund returns were negative in 2015, 3.4% in 2014 and may be less than 5.7% by the end of 2016. In fact, since the Petroleum Fund was established, returns have exceeded 5.7% only once in the last 10 years (2013), so this can hardly be considered a “prudent” assumption.

Furthermore, even if returns increase to the optimistic levels predicted by the Ministry of Finance, they will not be enough to cover Timor-Leste’s steadily rising recurrent expenditures. The population has increased and more infrastructure has been built, which requires more money for services and maintenance. Since planned withdrawals will reduce the Fund’s value, investment returns will be less, and if other sources of revenue are not found soon, the state will not have enough money to pay public servants and Parliamentarians, maintain infrastructure, provide public services, and pay back loans to international agencies.

Finally, while returns have been a little better in 2016, the events of 2015 warn that global equities markets and currency exchange rates are unpredictable and uncontrollable, even with careful management. Timor-Leste is at the mercy of these outside forces, but we can control our own budgets and economic development. The nation must rapidly reduce wasteful spending and develop non-oil economic sectors and revenues to replace declining petroleum revenues and savings.

Major projects should be re-evaluated.

La’o Hamutuk has repeatedly expressed concerns about the Government’s policy of withdrawing in excess of ESI. Now that the Government recognizes that petroleum revenues are rapidly coming to an end, it should re-evaluate spending plans, deciding whether each capital-intensive project should be carried out. The mid-year rectification added $391 million to infrastructure spending in 2016, and the budget books do not explain whether the unspent part of this money will be carried over into 2017. After 2017, withdrawals increase again to the high levels predicted in previous budgets.

The large withdrawals from the Petroleum Fund are mostly to pay for several major projects, such as airports in Dili, Oecusse and Suai, the south coast highway, Suai Supply Base, ZEESM, and others. The amounts being allocated to these projects are much higher than social spending and small-scale economic development: for example, the proposed budget allocates $172 million to ZEESM, which, when added to last year’s allocation of $218 million, means that in just two years ZEESM will have received almost as much as the entire nation spent on health care between 2012 and 2017.

In addition to receiving a disproportionate part of the State Budget, ZEESM lacks accountability – the Public Transfer mechanism obstructs transparency and other normal finance practices. Budget Book 3C on ZEESM only discusses future plans; it says nothing about how the money already received was spent, or even if it was. We encourage Parliament to require the same accountability for ZEESM as for other public funds, in order that they and other policy makers can monitor the project more effectively.

The Government also wants to upgrade Dili airport; this budget proposes spending over $400 million ($128 million in Government funds and $270 million in loans) between 2017 and 2021 on this project, which will benefit only foreigners, government officials, and the few Timorese people who can afford international air travel. Dili airport serves fewer than 250,000 passengers per year, and the project will cost more than $300 for each passenger over the next five years.

While La’o Hamutuk agrees that the airport can be improved, the scale of expansion proposed in the budget is unlikely to generate enough returns to justify it. Increased tourism could contribute to social and economic development, but tourists don’t come to visit a fancy airport, and the current one could handle many more flights than it does now. As petroleum revenues end, basic services remain underfunded and the non-oil economy stagnates, we urge decision makers to evaluate whether spending this much on Dili airport is really appropriate.

La’o Hamutuk has questioned the benefits of these projects for a long time, and many independent analysts and international agencies agree that Tasi Mane and ZEESM lack clear social or economic benefits for the majority of Timorese people. In addition to their financial costs, these projects will displace local communities, use up valuable agricultural land, destroy farmers’ livelihoods and pollute the environment. Meanwhile, the money spent in them comes from a finite pool, and is no longer available for necessary projects, sustainable economic development, equitable projects, and social services for everyone.

Objective, clear analysis of potential costs, benefits and risks should be done before projects are approved – this will prevent the people’s money from being wasted on highly risky ventures that benefit only a small subset of Timorese people. We therefore urge Parliamentarians to require Government agencies to publish serious, detailed cost-benefit analyses of proposed major projects, and, if their costs are likely to be greater than their benefits, they should be cancelled or severely scaled-back. It is better to waste a few thousand dollars than to keep wasting millions.

Parliament should not spend more on the Tasi Mane Project.

The Tasi Mane Project will receive $49.3 million from the proposed 2017 State Budget, plus another $15.4 million for Suai airport and $11.9 million for the state subsidy for TimorGAP. Most of this money is for part of the highway and the Suai Supply Base. However, the budget proposes spending almost $2 billion by 2021 on Tasi Mane, and we believe that it will cost many more billions to finish the highway and to build other components including the refinery/petrochemical plant in Betano and the LNG Plant in Beaçu.

Since it started, La’o Hamutuk has seen this project as wasting the people’s money for the benefit of foreign contractors and Timor-Leste’s petroleum agencies. We have often asked TimorGAP, E.P., as the owner of this project, to produce evidence that it is commercially viable to the public, even though they continue to ask Parliament to approve money for both it and for their operational costs, but they refuse to do so.

In 2015, the Tribunal Rekursu rejected the $719 million Suai Supply Base contract with Hyundai. In our submission on the 2016 Budget Rectification, La’o Hamutuk asked Parliament not to allocate more money to the Suai Supply base because “there is no way that a legitimate new tender can be held in time for construction to start this year.” Unfortunately, distinguished Members did not consider our ideas, although you also knew that the Court had rejected the contract, Hyundai had pulled out of this project, and you had no evidence of its economic viability.

The $65.3 million that the Rectified 2016 Budget allocates for the Suai Supply Base will not be spent in 2016 as there is no company to implement the project, not even a tender. However, the proposed 2017 Budget estimates that it will all be spent this year, and asks for $14 million more in 2017 and $572 million more in 2018-2021. This project should no longer be a drain on state spending, and it makes no sense to add nearly a billion dollars more to the tens of millions which have already been poured into this ill-conceived boondoggle.

Other Tasi Mane Project components which are already underway include the 156km highway between Suai and Beaçu. The Indonesian company PT Vikrama Karya, which did design studies for this project, said it would cost $1.3 billion, based on similar projects in Indonesia. However, as projects here are much more expensive than in Indonesia, it could cost much more than that.

In 2015, China Overseas Engineering Group Co. (COVEC) and its consortium won a contract to build the first 30 km between Suai and Fatukai. In the 2016 rectified budget, the government allocated $117 million for this project in 2016 alone. The proposed 2017 budget will allocate $35 million in 2017 and another $371 million through 2021. The proposed Budget expects to spend an additional $360 million in borrowed money on the highway, although no lender has been identified, bringing total spending on the highway between 2016 and 2021 to $883 million. To make things worse, this pays for only part of the highway, which will be built in five 30-km phases, so spending will continue after 2021.

As you know, Kitan is already shut down, Bayu-Undan will be empty soon, and the situation with Greater Sunrise remains uncertain. In addition, the ANPM hasn’t held a new bidding round to attract oil companies to Timor-Leste’s offshore and JPDA territory since 2006, perhaps because companies are more cautious about where the invest their money. Therefore, we think Parliament should cancel the appropriations for the Tasi Mane Project and ask TimorGAP to provide a well-founded, realistic, reasonable analysis of the economic and social costs and benefits of the project.

TimorGAP’s report to Parliament last week states that the company wants to “liberate” more land in the areas to be used for the LNG Plant in Beaçu and the refinery/ petrochemical facility in Betano during 2017.  Evicting community residents from their homes and farms will create even more social problems, as well as imposing a burden on public finances. We urge Parliamentarians to prevent TimorGAP from displacing people before we are certain that the Greater Sunrise gas will come onshore at Beaçu, or Timor-Leste discovers many more oil and gas fields in the Timor Sea.

National Parliament can learn from the case of “liberating” community land in Aldeia Lohorai, Suku Matai, Maukatar, Covalima for construction of Suai airport, which shows the weakness of TimorGAP in this sector. When La’o Hamutuk researched in Suai in September 2016, we discovered that even though impacted people had received financial compensation and new houses, they had no land to cultivate for their daily lives and their children’s futures.

Once again, we urge Parliament to demand that TimorGAP provide in-depth information about land takeovers, and stop sacrificing people’s lives for fantastic dreams that will probably never be realized. As you know, Parliament will soon enact laws regarding land, including a mechanism to protect human rights when land has to be expropriated for the public interest. TimorGAP and other proponents of future projects should wait until they are passed, and follow legal processes before “liberating” and more land from local communities.

Do the petroleum agencies provide value for money?

The proposed budget will double the state subsidy for TimorGAP, from $6 million in 2016 to $11.9 million in 2017. In addition to promoting and managing the ill-advised Tasi Mane megaprojects, TimorGAP’s main activities seem to be propaganda to mislead people that there is a lot of undiscovered oil and gas in Timor-Leste, paying millions to Chinese companies for seismic exploration in unpromising waters, building petrol stations which compete with private companies that do not need state subsidies, serving on joint committees with Australia about managing the stalled Sunrise project, starting short-lived joint ventures (such as Gap-MHS) to transfer part of the operational costs of Kitan from the nation’s petroleum revenues to their own treasury, and dreaming of trips to Cuba for speculative oil exploration.

Although their report to Parliament does not include a balance sheet, TimorGAP’s 2015 Annual Report shows that the state-owned company ended that year with $1.2 million in the bank. The $12 million they are asking you for now is twice as much as the office of the President of the Republic has asked for, or more than 2/3 of Parliament’s entire proposed 2017 budget. Is it worth it?

The National Petroleum and Minerals Authority (ANPM) ended 2015 with an $8 million cash reserve, which has probably increased by at least a million during this year. Yet ANPM is asking for a $1.8 million transfer from the 2017 state budget. Why is a regulatory agency operating at a profit? Why is the surplus they take in not deposited into the Petroleum Fund, as the law requires? Why do they continue to ask for a subsidy from public funds?

Both TimorGAP and ANPM work hard to persuade the public and policy-makers that Timor-Leste has vast unexplored maritime territory, with lucrative deposits of oil and gas just waiting to be tapped. At the Petroleum Fund Consultative Council last week, they talked about “6.3 billion barrels” (six times as much as Bayu-Undan) which will sell for $372 billion, creating tens of billions of dollars in state revenues.   They showed maps like this one to encourage people to share their intoxication with oil, and mislead them into thinking that there are large areas ‘open for exploration’:

However, oil companies have been looking for oil and gas in our limited maritime territory for sixty years (Greater Sunrise was discovered in 1974), and, despite extensive exploration and hundreds of test wells, the only commercial discovery since 1995 has been Kitan (which provided 3% as much revenue as Bayu-Undan). The “open acreage” indicated on the above map is because companies tried and failed to find commercially valuable reserves in those areas, and have relinquished their contracts (including PSC 06-103 and 06-101A which are still on the map).

A more accurate map, showing the contractual history, looks like the one at left.

Oil companies know that history well, and they have detailed geological information from their past research. Perhaps that is why no company already involved in the area made a bid in the only bidding rounds Timor-Leste has ever conducted, ten years ago. Even more telling, it’s why ANPM has not held a bidding round since then – it would be embarrassing if no legitimate companies were interested. The only new contracts since 2006 have been signed with TimorGAP, who spends public funds and is never held accountable for them.

Invest in social services to improve people’s quality of life.

While the Government allocates large sums for projects with dubious benefits and some dream of petroleum wealth without limit, large numbers of Timorese people have inadequate jobs, nutrition, water, education, healthcare and sanitation. Investment in public services and economic programs could improve the quality of people’s lives and create badly-needed jobs, increasing families’ income and improving their daily existence and the future for their children. This will then stimulate Timor-Leste’s domestic economy by increasing private sector profits, wages and investment in local industries. It will also provide the State with revenues from taxes, reducing our dependency on the Petroleum Fund and moving us towards sustainability and self-sufficiency.

These programs – unlike the major projects currently being proposed by the Government – do not require billions of dollars in capital expenditures, investment from multinational companies and foreign loans; they do require serious analysis of the needs of the majority of Timorese people, which can then be used to design and channel funding to specific projects with the highest social impact and the best economic returns for local people and the state.

Unfortunately, while the Government has allocated $250 million for Tasi Mane and ZEESM in 2017 alone, health care receives only $73 million, and proposed funding for social security and youth is less than $100 million (excluding veterans’ payments). While the allocation for health has increased slightly since 2016, it is still not enough given the urgent health needs of large numbers of the population and the high levels of inadequate access and malnutrition. La’o Hamutuk recommends that the allocations for health and essential social support programs be increased to meet the needs of the most vulnerable sections of society, and that monitoring of spending is improved to ensure that funds are not wasted or misappropriated.

Allocations for education have fallen every year since 2014, and this budget proposal continues that trend, allocating only $128 million, compared to $137 million last year. Education from primary school should be a priority, as early learning will lay the foundations for today’s children to become healthy, productive citizens.

Finally, water and sanitation systems receive only $54 million in 2017. Although this better than the $18 million annual average over the previous three years, it is still inadequate to address the basic needs of large numbers of people, particularly in rural areas, many of whom lack toilets and have to walk long distances every day to collect water for cleaning and cooking.

If the Government scales megaprojects down to more realistic levels, there will be more  resources available to provide for basic services and rural infrastructure which will dramatically improve most people’s lives.

Invest in equitable, sustainable economic development.

As petroleum industry and large projects are prioritized, agriculture and other sustainable economic sectors continue to be neglected. Despite agriculture’s vital importance to income, nutrition, employment, food security and sustainable development, the 2017 budget proposes allocating only $22 million to agriculture, down from $30 million in 2016. National statistics reflect the lack of prioritization given to agriculture in the State Budget – the Government’s National Accounts 2000-2014 estimates that agricultural contribution to GDP fell by 2.6% in 2014, while productivity on average has not improved since independence.

There are many ways to improve policies to help local farmers produce more. For example, the proposed 2017 budget allocates $2 million to MCIA for “rice imports and the support of local products”, which “will support the local rice market” and be used for school feeding and disaster relief. We understand that there is not enough local rice to meet the need, which is why some will be imported. However, cheap food imports are discouraging local producers from investing in increased production, which is essential for the future. Therefore, we recommend that instead of subsidizing rice from abroad, farmers could be assisted through irrigation and other programs to grow rice and other food products for children in local schools.

Furthermore, the National Accounts report shows that the only sectors of the economy which are growing are those which are driven by state spending: construction and public administration. Other areas – telecommunications, retail, hospitality, real estate and transport – have barely grown or have fallen, while productive sectors like manufacturing and agriculture have been stagnant since 2002.

Although ‘free market’ economic theories see the private sector as the main driver of economic growth, state-led investment has contributed to successful development in many countries, including South Korea, Taiwan and Singapore. La’o Hamutuk believes that the State can play a strong role in stimulating the economy through smart public investment in strategic industries. However, this should be done through economic programs which are designed to maximize employment and local productivity, especially in areas such as agriculture, food processing and human-scale infrastructure, rather than from intoxication with petroleum. These programs could be implemented in a decentralized way, involving local communities in deciding what projects are needed, rather than being designed by people who prioritize national GDP numbers and the needs of foreign investors.

Loans are increasing, and the budget should include repayment obligations.

Under the current budget proposal, the Government plans to borrow more than $1.4 billion over the next five years, almost $500 million more than was predicted in the original 2016 budget a year ago. This includes more than $320 million in loan contracts which have already been signed for road projects and the drainage system in Dili, and additional loans to pay for Tibar port ($220 million), the south coast highway ($360 million) and Suai supply base ($274 million). However, Government has not yet identified lenders for most of these projects, as international agencies involved in Timor-Leste are reluctant to finance the Tasi Mane project, and the Government has already allocated funds for its share of the construction of Tibar port.

Although ‘concessional’ loans from international agencies come with relatively low rates of interest, La’o Hamutuk is concerned that the Government may seek loans from commercial banks or other institutions that may see Timor-Leste’s petroleum wealth as a guarantee that their loans will be repaid, regardless of whether the project being funded is viable. La’o Hamutuk encourages Parliament to ask the Government about plans to borrow for these projects. As loan-financed projects impose obligations on future governments and generations, it is essential to justify them with clear cost-benefit and debt sustainability analyses.

Repayments of already-signed loans will begin in 2017, and the proposed budget allocates $1.5 million. However, the amounts allocated after that are far too low. La’o Hamutuk estimates are Timor-Leste will have to repay at least $5 million in 2018, $10m in 2019, $22m in 2020 and $28m in 2021, even without loans for Tasi Mane or Tibar Port. Budget Book 4 (page 379) says repayments in 2021 will be $1.8 million in 2021, less than one-tenth of the actual amount. Before we allow politicians to impose even more debt obligations on our people, we need to be honest about what we are committing to. In a decade, we could be paying $135 million or more every year to international lenders.

The IMF’s 2016 Article IV report on Timor-Leste  downgraded Timor-Leste’s debt sustainability profile, saying that increased borrowing is putting Timor-Leste at risk of falling into unsustainable debt. We hope that Parliamentarians understand the risk of escalating borrowing from international lenders while our future financial situation is uncertain, and we urge you to re-consider forcing future generations of Timorese people – who will live at a time long after petroleum revenues have ended – to pay for today’s expenditures.

Conclusion: Which path is best for Timor-Leste?

Although more members of Government talk about the non-oil economy and improving people’s quality of life, the proposed 2017 budget still prioritizes large projects which have dominated planning and spending over the last several years. People’s basic needs are not being met, but the Government dreams about developing the petroleum industry, expanding airports, building highways and trying to make Timor-Leste into an international shipping hub.

These projects may benefit a few wealthy individuals and foreign companies, but they are part of an unsustainable, unjust and unjustifiable development path which neglects the interests of most Timorese people. La’o Hamutuk therefore urges Parliament to carry out your Constitutional duty, and demand that the Government prioritize the well-being of our people, and produce realistic cost-benefit analyses of all major projects, while allocating more money for social services and sustainable development.

This is essential to realize Timor-Leste’s people’s right to a stable, peaceful future, free from poverty, deprivation and conflict. Unfortunately, our current path leads to economic crisis and potential instability, and we therefore urgently need to change course. As the proverb says, “if we don’t change direction we are likely to end up where we are going” – and Timor-Leste must not become like Nauru, a victim of the curse of squandered non-renewable resource wealth.

You have to decide whom to believe – the petroleum officials who say that Timor-Leste still has vast amounts of undiscovered oil and gas, or those like La’o Hamutuk who say we need to design policies based on what we know for certain. It may help to consider what happens if you make the wrong choice.

If La’o Hamutuk is right and Parliament ignores our advice, most of Timor-Leste’s non-renewable wealth will be squandered on unprofitable projects. When the money runs out about ten years from now, our economy will not yet be self-sufficient, sustainable or inclusive, but will continue to rely on state spending and imports. When the Petroleum Fund is exhausted, the economy will collapse, people will starve and those who can will defend their privileges against an angry majority. International lenders will still demand repayment, and may intervene to “structurally adjust” our economy and society. International agencies might provide emergency assistance for our most vulnerable people, or they could say that Timor-Leste’s citizens have to live with the consequences of their leaders’ decisions.

On the other hand, if Timor-Leste does actually have a lot more oil and gas but Parliament takes our advice and cancels unworthy projects while encouraging investment in our people and developing sectors other than oil, most people’s quality of life will gradually improve, our human resources will get stronger, and our economy will become more productive and less import-dependent. Legitimate international oil companies will analyze Timor-Leste’s potential and, when they find that there are resources which can be profitably developed, they will invest their own money to explore for and extract oil and gas, leading to commercial development. Timor-Leste may get a slightly smaller share of this wealth because the processing is done by private companies, but we will still get significant revenue from royalties and taxes.  However, we will have avoided the dire scenario in the previous paragraph, and will be able to use all of this money to advance development for our economy and our people, rather than repaying loans.

La’o Hamutuk hopes that our recommendations will help your Excellencies assess and revise the proposed 2017 budget and the plans it represents. Thank you.

16 September 2016

Mai diskusaun kona ba ezbosu lei Impostu ba Valór Akresentadu

Foin lalais, Governu liu husi Ministériu Finansa hala’o konsultasaun públiku kona-ba Ezbosu Lei Impostu ba Valór Akresentadu (VAT). Maibé, konsultasaun públiku ne’e badak no la fó espasu di’ak ba públiku hodi fó sira nia perspetiva no análize ida ne’ebé kle’an kona-ba ezbosu lei IVA ne’e. Tanba ne’e, La’o Hamutuk sei realiza enkontru públiku ida kona-ba Ezbosu Lei IVA ne’e hodi fahe informasaun no fó oportunidade ba públiku atu husu pergunta no hato’o preokupasaun kona-ba Ezbosu Lei ne’e no ninia impaktu ba povu no ekonomia Timor-Leste nian.

La’o Hamutuk sei aprezenta analiza kona-ba Ezbosu Lei, no ami mós konvida ona reprezentante husi Ministériu Finansas no UN Women hodi fahe sira nia perspetiva. Partisipante sira mós sei iha oportunidade atu hato’o sira nia ideia, no ami espera katak ida ne’e sei sai hanesan kontribuisaun importante ba prosesu revizaun, molok hetan aprovasaun husi Konsellu Ministru no haruka ba Parlamentu Nasionál atu halo debate.

Ho oportunidade ida ne’e La’o Hamutuk hakarak konvida ita bo’ot sira atu mai partisipa iha Enkontru Públiku ne’ebé mak sei realiza iha:
Data     : 22 Setembru 2016
Oras     : 09.00 - 12.00
Fatin     : Salaun Enkontru Asosiasaun-HAK, Farol, Dili
Ho ita boot sira nia prezensa no partisipasaun hodi fó hanoin konstrutivu mak sei halo mudansa ba ezbosu lei ida ne’e atu garante katak lei VAT ne’e sei refleita interese no preokupasaun povu Timor-Leste hotu nian.

Ajenda
08:30  Registu partisipantes
09.10  Introdusaun MC/Moderador
09:15  Sr. Juvinal Dias, Peskizador La’o Hamutuk
     Oinsa Lei Impostu ba Valor Akresentadu (IVA) labele hamate povu kiak nia asesu ba seitor ekonomia
09:30 Sra. Camille Wauters, Espesialista Programa, UN Women
     Efeitu husi Lei Impostu ba Valor Akresentadu (IVA) tuir perspetiva jéneru
09:45  Sra. Fernanda Borges, Kóordenadora Komisaun Reforma Fiskál (KRF) - Ministériu Finansa
     Vantajen husi Lei Impostu ba Valor Akresentadu (IVA) ba Timor-Leste
10:00  Husu no hatan
12:00  Taka no snack

Atu hetan informasaun tan kona-ba prosesu reforma fiskal, klik iha ne'e.

Come to a discussion on the draft VAT law

The Ministry of Finance recently held a public consultation on the draft Value-Added Tax (VAT) law. However, the short consultation didn’t allow enough space for the public to analyse the law and contribute their perspectives, so La’o Hamutuk is holding a public meeting to share information and allow people to raise questions and concerns about the law and its impact on the people and economy of Timor-Leste.

La’o Hamutuk will present an analysis of the Draft Law, and we have invited representatives from the Ministry of Finance and UN Women to share their perspectives. Participants will also be able to express their ideas, which we hope will help improve the tax reform process before the law is approved by the Council of Ministers and sent to Parliament for debate and enactment.

Please join La’o Hamutuk in a free, public meeting at:
Venue : HAK Association, Farol, Dili
Date    : Thursday, 22 September 2016
Time   : 9am - noon
We hope that your participation will bring constructive ideas which can help to ensure that the draft VAT law reflects the interests and concerns of all of Timor-Leste’s people.

             Agenda
8:30    Registration
9:10    Introduction
9:15    Juvinal Dias, La’o Hamutuk Researcher
         The VAT Law should not prevent poor people from accessing the economy
9:30    Camille Wauters, Programme Specialist, UN Women
         Impacts of the VAT Law: a gender perspective
9:45    Fernanda Borges, Coordinator of the Fiscal Reform Commission, Ministry of Finance
         Advantages of the VAT Law for Timor-Leste
10:00  Q&A
12:00  Close and snack

Click here for more information on Timor-Leste's 2016 tax reform process.

13 July 2016

LH husu Parlamentu atu rejeita Orsamentu Retifikativu

Iha loro-kraik loron 12 Jullu, Parlamentu Nasional Timor-Leste hahú debate kona-ba proposta husi Governu atu aumenta tokon $391 ba  Orsamentu Estadu 2016 no transfere and withdraw liu dala tolu kompara ho Rendimentu Sustentável Estimativa husi Fundu Petrolíferu tinan ida ne'e. Orsida kalan, sira aprova retifikasaun iha jeneralidade ho unanimidade. Sira sei halo votasaun final molok sira halo deskansa loron Sesta semana ida ne'e. Maske Parlamentu la konvite sosiedade sivíl atu fó hanoin, La'o Hamutuk hakerek submisaun ida atu ezije sira atu rejeita proposta ida ne'e, ne'ebé sei gasta osan ba infrastrutura fíziku, inklui projetu balun ho benefísiu bele duvida. Artigu tuir mai hetan redasaun uitoan, no aumenta ligasaun no gráfiku ruma:

Submisaun ba Parlamentu Nasionál RDTL
Hosi La’o Hamutuk
Kona-ba Proposta Orsamentu Retifikativu 2016
12 Jullu 2016

Atu finansia projetu infrastrutura boot sira balu, Governu Timor-Leste propoin atu gasta tokon $391 tan iha tinan ida ne’e atu aumenta ba biliaun $1.562 ne’ebé aloka ona iha Orsamentu orijinál 2016. Orsamentu biliaun $1.953 ida ne’e sei sai orsamentu ida ne’ebé boot liu durante istória Timor-Leste. La’o Hamutuk preokupa teb-tebes katak proposta revizaun ida ne’e sei halo hotu Timor-Leste nia riku-soin limitadu ne’e, ne’ebé tuir mai sei hatún sustentabilidade Fundu Petrolíferu nian liu hosi soe tan osan povu nian iha projetu sira ne’ebé nia benefísiu la klaru.

Mega-projetu sira presiza analiza no planu ho sériu liu tan.

La’o Hamutuk dala barak ona hakerek ba distintu deputadu/a sira kona-ba ami nia preokupasaun ba projetu infrastrutura sira ne’ebé harii hosi kompañia rai li’ur sira ho osan povu nian – inklui Tasi Mane (Suai Supply Base, Auto-estrada Kosta Súl no Refinaria Betano), ZEESM, Aeroportu Dili no Portu Tibar – ne’ebé sei la fó benefísiu ida ne’ebé sufisiente ba jerasaun ohin no futuru Timor oan sira, ne’ebé sai tiha objetivu prinsipál hosi Fundu Petrolíferu tuir Lei haruka.

Ami husu katak projetu sira ne’e tenke planeia ho di’ak, ho analiza ba nia kustu, benefísiu no risku nian atu hare keta nia vantajen sira ne’e boot liu fali ho kustu finanseiru, sosiál no ambientál nian. Ohin, Governu husu ba Parlamentu atu aumenta montante duplu ba montante Fundu Infrastrutura ne’ebé ita-boot sira aprova iha fulan neen liu ba, hodi hatudu momoos hela mai ita hotu katak laiha duni planu ne’ebé realistiku. Iha tempu ne’ebá, Ministériu Finansa no Ministériu Obras Públiku hatene ona katak sira presiza hela osan tokon $131 durante 2016 atu selu ba Portu Tibar, maibé sira falla atu informa ba Parlamentu, hodi halo ita boot sira aprova orsamentu ne’ebé la sufisiente.

Ohin, sira halo erru opostu ida. Kontratu ba Suai Supply Base rejeita ona hosi Tribunal Rekursu, no kompañia sai ona hosi projetu, nune’e iha ne’ebá sei laiha dalan atu halo tenderizasaun foun ida ne’ebé lejítimu tuir tempu atu halo konstrusaun ne’ebé bele hahú iha tinan ida ne’e. Maibé Governu hakarak Parlamentu atu aloka tokon $127 tan ba Tasi Mane durante 2016. Keta Governu hakarak goza de’it ita-boot sira?

Timor-Leste la’ós ona ka labele finje ona atu halo despeza sustentável.

Proposta atu aumenta orsamentu ne’e sei finansia tomak hosi levantamentu hosi Fundu Petrolíferu. Proposta ida ne’e husu atu gasta 9.2% hosi total rekursu petrolíferu Timor-Leste nian iha tinan ida ne’e, ka dala tolu kompara ho Rendimentu Sustentável Estimativa.

Fulan kotuk, FMI publika sira nia Relatóriu Article IV ida ne’e foun liu kona-ba Timor-Leste, foka sai katak:
“Mezmu ho poupansa prudente hosi nia riku-soin petróleu iha Fundu Petrolíferu fó xumasu finansial ida hodi ajuda atu labele lakon rendimentu tanba presu mina-rai global ne’ebé monu foin daudauk ne’e, maibé lala’ok fiskál tuir planu despeza kapitál ne’ebé eziste hela ne’e la sustentável tanba Fundu Petrolíferu sei hotu iha longu prazu iha nivel levantamentu ohin loron nian.”
Relatóriu ida ne’e publika ho konsentimentu hosi Ministériu Finansa RDTL. Ekonomista sira iha FMI no Banku Mundial la imajina katak planu despeza kapitál sei sai la sustentável liu tan iha tinan ida ka rua hafoin sira hakerek relatóriu ne’e.

La’o Hamutuk halo ona projesaun antes katak Fundu Petrolíferu sei gasta hotu iha tinan sanulu nia laran. Maske nune’e, karik proposta atu halo gastu as ho arbiru iha retifikasaun ida ne’e nudár ezemplu atu halo tuir, entaun Fundu Petrolíferu sei hotu lalais liu.

Maske alokasaun orsamentu ba infrastrutura fíziku kontinua sa’e, maibé investimentu iha rekursu umanu, servisu báziku no ekonomia naun petrolíferu nafatin la adekuadu, no despeza ba asisténsia saúde, edukasaun no agrikultura tun durante tinan rua ikus ne’e. Revizaun orsamentál ida ne’e tuir mai sei aumenta despeza ba mega-projetu infrastrutura fíziku duvida sira. Gráfiku tuir mai hatudu hela oinsá infrastrutura fíziku sei hetan osan barak liu tan duke setór sira.

Maibé, Fundu Petrolíferu hetan ona presaun maka’as, no nia saldu biliaun $16.591 iha fin de Maiu 2016 ne’e menus liu tokon $541 kompara ho nia saldu iha fulan 12 liu ba. Informasaun ne’ebé fornese iha Livru Orsamentu 1 kona-ba futuru rendimentu petrolíferu inklui erru no distorsaun lubuk. Ami hakarak atu bolu Parlamentu nia atensaun ba faktu importante balu:
  • Rendimentu mina-rai kontinua tun tanba kampu Kitan ne’ebé taka ona, produsaun Bayu-Undan ne’ebé tun no presu mina-rai global ne’ebé kontinua tun. Tinan ba projesaun presu “prudente” ne’ebé Ministériu Finansa nafatin uza mak presu Mina-matak Brent iha 2016 ne’ebé nia rata-rata $64/70/barríl. To ohin loron, presu Brent loloos iha $39.97/barríl. No iha Jullu 2016, projesaun hosi U.S. Energy Information Administration katak presu ba Brent sei iha rata-rata $43.73 durante tinan 2016 tomak. (Projesaun ba presu prudente ne’e maizumenus menus liu $8 kompara ho presu “referénsia” EIA nian).
  • Maibé, tanba liu 90% hosi Bayu-Undan nia rezerva supa hotu ona, nune’e, presu mina-rai iha futuru sei la haló diferensa boot ba finansa Timor-Leste nian mezmu karik presu atu sai fali. Durante fulan lima primeiru iha 2016, JPDA nia produsaun barríl sira ne’ebé prodús kada fulan tun 5% kompara ho produsaun durante 2015, no tun 33% kompara ho produsaun iha 2012. Ida ne’e sei kontinua atu tun tanba kampu ne’e besik atu maran ona. 
  • ConocoPhillips no kompañia sira seluk sei rai maizumenus tokon $125 hosi buat ne’ebé loloos sira tenke selu mai Timor-Leste iha tinan ida ne’e atu rekupera avaliasaun ida ne’ebé demais liu atu fó fila taxa husi 2012.
  • Reseita Petrolíferu ne’ebé rai hela iha Fundu Petrolíferu durante trimestre primeiru iha 2016 hamutuk tokon $125.3, no karik ida ne’e kontinua iha nivel ne’ebé hanesan ida ne’e, entaun total Timor-Leste nia reseita petróleu no gas iha tinan ida ne’e sei ba tokon $501. Maibé Orsamentu kontinua ekspeta atu hetan rendimentu tokon $719 iha tinan 2016. 
  • Retornu hosi investimentu Fundu Petrolíferu Timor-Leste nian durante 2015 ne’e menus hosi zero, maibé Livru Orsamentu kontinua uza predisaun ida ne’ebé optimistiku no espekulativu katak sira sei hetan 5.7% retornu kada tinan. Merkadu global kontinua la’o volatil. 
  • Maizumenus tokon $641 hosi Fundu ne’e ita investe iha valór mobiliáriu sira ne’ebé denominar iha British Pounds (Moeda Britániku), no valór pound ne’ebé monu hafoin referendu Brexit (Reino Unido sai hosi Uniaun Europeia) iha fulan kotuk halo Timor-Leste lakon tokon $63 tanba valór hosi mudansa moeda. 
  • Projesaun figura RSE iha Ministra Finansa nia karta ba Primeiru Ministru iha 23 Juñu (pajina 65) fó impresaun ida ne’ebé la loos, tanba sira halo asumsaun sala kona-ba total levantamentu hosi Fundu Petrolíferu hafoin 2016 sei limita tuir RSE, buat ne’ebé la’ós Governu planeia atu halo.

Konklusaun

Nune’e, ho faktu ekonómiku importante hirak ne’e, La’o Hamutuk husu ba Parlamentu atu la aprova orsamentu retifikativu ida ne’e. Governu promote atu revee Planu Estratéjiku Dezenvolvimentu Nasionál ne’ebé tama ona ba tinan lima, no revee ida ne’e tenke halo molok ita-boot sira aprova despeza ne’ebé arbiru no laiha hanoin ba montante besik dollar tokon atus hat liu – montante ida ne’ebé ekivalente ho maizumenus $6 ba kada uma-kain Timor oan kada loron, ne’ebé liu 40% ita nia ema sira hetan ba sira nia moris lor-loron. Aumenta tokon $400 ne’e liu fali osan ne’ebé Timor-Leste sei gasta iha tinan ida ne’e ba saúde, edukasaun, polísia, militár, agrikultura no solidariedade sosiál tomak.

Livru Orsamentu 1 justifika despeza retifikativu ida ne’e sa’e tanba “ho hanoin katak tinan oin nudár tinan eleisaun nian, nune’e iha tinan ne’ebá sei iha orsamentu ida ne’ebé moderadu liu ne’ebé sei labele akomoda despeza sira ne’e.” Iha Timor-Leste nia esperiénsia, Orsamentu Jerál Estadu 2012 mak orsamentu ida ne’ebé boot liu iha istória Timor-Leste --- to ohin loron.

La nesesáriu atu lalais hodi aprova orsamentu ida ne’e sein audiénsia públiku ka Analiza, konsulta, no debate ne’ebé adekuadu. Governu sei nafatin iha ne’e bainhira ita-boot sira fila hosi resesu, Fundu Infrastrutura sei la mamuk, no transferénsia sira ne’ebé autoriza hosi orsamentu 2016 orijinál sei la gasta hotu.

Tuir Konstituisaun, kada Deputadu/a responsavel atu reprezenta sidadaun Timor-Leste tomak kona-ba asuntu fundamental sira, inklui Orsamentu Estadu. Ita boot sira nia knar la’ós de’it atu tau karimbu ba proposta sira ho Governu sein halo Analiza no konsidera proposta hirak ne’e ba interese povu nian ka lae.

Ami komprende katak ita-boot sira nia tempu ne’e limitadu, no apresia ba ita-boot sira nia atensaun. Ami be saran lia ne’e espera katak informasaun ida ne’e sei ajuda ukun na’in sira hodi halo desizaun sira ne’ebé matenek hodi benefisia povu Timor-Leste tomak no maximiza sustentabilidade Fundu Petrolíferu, no sei pronto atu fornese informasaun tan ka tuir audiénsia bainhira ita-boot sira husu.
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Atualiza: Parlamentu Nasional aprova proposta retifikasaun kedas, no iha loron 28 Jullu La'o Hamutuk hakerek submisaun ida tan ba Prezidente Republika ne’ebé husu nia atu veto.

LH to PN: Don't approve budget rectification!

On the afternoon of 12 July, Timor-Leste's Parliament began discussing a Government proposal to add $391 million to the 2016 State Budget and withdraw more than triple the sustainable level from the Petroleum Fund this year. That night, they unanimously approved the budget revision in general. They will finish voting on each article before they go on recess this Friday. Although Parliament didn't ask for input, La'o Hamutuk urged urging them to reject the proposal, which will spend the money on physical infrastructure projects, including several with dubious benefits. The following is slightly edited, with links and graphics added:

Submission to Timor-Leste National Parliament
from La’o Hamutuk
on the Proposed Rectification of the 2016 State Budget
12 July 2016

In order to fund several large infrastructure projects, the Government of Timor-Leste has proposed to spend $391 million more this year, on top of the $1.562 billion already allocated in the 2016 State Budget. The resulting $1.953 billion budget will be the largest in the Nation’s history. La’o Hamutuk is extremely concerned that this proposed revision will squander Timor-Leste’s limited wealth, further undermining the sustainability of our Petroleum Fund by wasting more public money on projects with no clear benefit.

Megaprojects need to be analyzed and planned more seriously.

La’o Hamutuk has often written to your Excellencies about our concern that some of the large, expensive infrastructure projects being built by foreign companies at public expense – including Tasi Mane (Suai Supply Base, South Coast Highway and Betano Refinery), ZEESM, Dili Airport and Tibar port – will not provide sufficient benefits to current and future generations of Timorese people, which is the principal purpose of the Petroleum Fund as provided by Law.

We have urged that these projects be planned better, with cost-benefit-risk analyses to determine if the advantages outweigh the financial, social and environmental impacts. The lack of realistic planning has now become obvious to all – the Government is asking Parliament to double the amount you approved for the Infrastructure Fund only six months ago. At that time, the Ministries of Finance and Public Works already knew that they would need $131 million in 2016 to pay for the Tibar Port, but they failed to inform Parliament, causing you to enact an insufficient budget.

Today, they are making the opposite error. The contract for the Suai Supply Base was rejected by the Tribunal Rekursu and the company has pulled out of the project, so there is no way that a legitimate new tender can be held in time for construction to start this year. Yet the Government wants Parliament to allocate $127 million more for Tasi Mane during 2016. Are they playing you for fools?

Timor-Leste no longer even pretends to spend sustainably.

The proposed budget increase will be entirely funded by withdrawals from the Petroleum Fund. It asks to spend 9.2% of Timor-Leste’s entire petroleum wealth this year, more than three times the Estimated Sustainable Income.

Last month, the IMF published its latest Article IV Report on Timor-Leste, pointing out that:
“While prudent saving of its oil wealth in the Petroleum Fund has provided Timor-Leste with a financial cushion to help offset revenue losses related to the recent fall in global oil prices, fiscal trends under existing capital expenditure plans are unsustainable as the Petroleum Fund will be depleted in the long term at the current rate of withdrawals.”
The IMF report was published with consent from the RDTL Ministry of Finance. IMF and World Bank economists did not imagine that capital expenditure plans would become even more unsustainable a month or two after they wrote the report.

La’o Hamutuk has previously projected that Timor-Leste’s Petroleum Fund could be entirely spent within ten years. However, if the hasty over-spending proposed in this rectification is a precedent, the Fund could be used up even sooner.

While budget allocations for physical infrastructure have steadily increased, investment in human resources, basic services and the non-oil economy are still inadequate, and spending on health care, education and agriculture has decreased in the last two years. This budget revision will further increase spending on dubious physical infrastructure mega-projects. The graph at right shows that physical infrastructure will get much more money than everything else put together.

However, the Petroleum Fund is already greatly stressed, and its $16.591 billion balance at the end of May 2016 was $541 million lower than it was 12 months earlier. The information provided in Budget Book 1 about future petroleum revenues includes several errors and distortions. We would like to call Parliament’s attention to some important facts:
  • Oil revenues continue to fall due to the shutdown of the Kitan field, declining Bayu-Undan production and continued low global oil prices. The year-old “prudent” price projection that the Ministry still uses was that Brent Crude prices in 2016 would average $64.70/barrel. So far this year, the actual Brent average has been $39.97, and the July 2016 U.S. Energy Information Administration projection is that Brent prices will average $43.73 during all of 2016. (A prudent price projection would be about $8 lower than the EIA “reference” price).

  • However, as Bayu-Undan is more than 90% depleted, future oil prices will not make a large difference in Timor-Leste’s finances even if they go back up. During the first five months of 2016, the JPDA produced 5% fewer barrels each month than it did during 2015, and 33% fewer than in 2012. It will continue to decline as the field is nearly exhausted.

  • ConocoPhillips and other companies will keep about $125 million of what they would have paid Timor-Leste this year to recover overzealous assessments of back taxes in 2012.

  • Petroleum revenues deposited into the Petroleum Fund during the first quarter of 2016 totalled $125.3 million, and if they continue at this level Timor-Leste’s total oil and gas receipts this year will be $501 million. Yet the Budget continues to expect $719 million in revenues.

  • The return on investing Timor-Leste’s Petroleum Fund during 2015 was less than zero, yet Budget Book 1 continues to use an optimistic, speculative prediction that they will earn 5.7% return every year. Global stock markets continue to be volatile.

  • About $641 million of the Fund is invested in securities denominated in British Pounds, and the fall of the pound after the Brexit vote last month cost Timor-Leste $63 million due to currency exchange rates.

  • The projected ESI figures in the Minister of Finance’s 23 June letter to the Prime Minister (page 63) are misleading, as they wrongly assume that all withdrawals from the Petroleum Fund after 2016 will be limited to ESI, which is not what the Government plans to do.

Conclusion

Therefore, in light of this information, La’o Hamutuk urges Parliament not to approve this budget rectification. The Government has promised to engage in a review of the five-year-old Strategic Development Plan, and this review should be undertaken before approving hasty, thoughtless spending of nearly four hundred million more dollars -- an amount equal to about $6 for every Timorese family every day, which more than 40% of our citizens have for their daily lives. The $400 million increase is more than Timor-Leste will spend this year on health, education, police, military, agriculture and social solidarity all added together.

Budget Book 1 justifies the mid-year spending increase because “given that next year is an election year, it is expected that there will be a moderate budget that would be unable to accommodate these expenditures.” This flies in the face of Timor-Leste’s experience – the 2012 State Budget was the largest in the nation’s history … until now.

There is no need to rush to enact this budget without public hearings or adequate analysis, consultation and debate. The Government will still be here when you come back from recess, the Infrastructure Fund will not be empty, and the appropriations and transfers authorized by the original 2016 budget will not have been used up.

Under the Constitution, each Member of Parliament is responsible to represent all Timorese citizens on fundamental issues, including the State Budget. Your role is not to rubber-stamp the Government’s proposals without analyzing them and considering whether or not they are in the public interest.

We understand that your time is limited, and appreciate your attention. We sincerely hope that this information will help policymakers make wise decisions which benefit all of Timor-Leste’s people and maximize the sustainability of our Petroleum Fund, and would be glad to provide further information or testimony if you wish.
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Update: Parliament unanimously approved the proposed rectification in less than one week, and on 28 July La'o Hamutuk wrote another submission urging the President of the Republic to veto it.

29 June 2016

Suai Supply Base contract cancelled; it’s time to cancel the project.

Two weeks ago, the contract to build the Suai Supply Base (SSB) was terminated when the company pulled out of the project. La’o Hamutuk recommends that the project itself be scrapped, with no new tender or contract award. This project, which is likely to cost over a billion dollars, will hurt Timor-Leste’s economy, damage the lives and livelihoods of local communities, threaten our environment and prolong our nation’s suicidal dependency on petroleum. It should be permanently laid to rest.

In August 2015, Timor-Leste signed a $719 million contract (the largest in the nation's history) with the South Korean companies Hyundai Engineering & Construction and Hyundai Engineering to design and construct a logistics base in Suai for future offshore petroleum operations. The “Suai Supply Base” is basically a harbor, port and warehouses.

Hyundai E&C has been sanctioned many times by the Korean Fair Trade Commission – the Korean government organ responsible for investigating and prosecuting corruption cases involving Korean businesses. In 2014, Korea’s Public Procurement Service banned the company from bidding for government contracts for two years.

In October 2015, Timor-Leste’s Chamber of Accounts rejected the Hyundai SSB contract, using its power of prior review under Article 32 of Law No. 9/2011, the Organic Law of the Audit Chamber of the High Administrative Tax and Audit Court, which  requires contracts over $500,000 to be pre-approved by the Audit Chamber. La’o Hamutuk appreciates the wisdom and courage of the Audit Chamber and the Court of Appeals, and we hope that other public entities will emulate their integrity and impartiality.

The Government appealed the Audit Chamber decision in November, and the Appeals Court has not yet ruled on the appeal. The process is complicated because the Court of Appeals is also serving as the interim High Tax and Audit Court and there were too few judges available to hear the appeal, especially after the Government fired the Portuguese judges in 2014. On 17 June 2016, the Korea Herald, a Korean newspaper, reported that Hyundai’s patience had run out, and the company had told regulators it decided to ‘scrap’ the Supply Base project.

For the last several years, La’o Hamutuk has urged the Government of Timor-Leste to analyze objectively the potential customers and costs, benefits and risks of the Suai Supply Base. Will the gains for Timor-Leste’s people outweigh the project’s economic cost, social impacts and environmental damage? We have not seen any such analysis – only blind faith, sectoral self-promotion, and personal benefits for project implementers, rather than serious consideration of the public interest.

La’o Hamutuk believes that the Suai Supply base will waste Timor-Leste’s people’s money and disrupt communities, but that the economic development, jobs and taxes it will generate will not be enough to justify the financial, land and human costs.  Like the other parts of the Tasi Mane Project, the Suai Supply Base continues our unhealthy dependence on petroleum, ignoring opportunities to develop productive economic sectors.

In addition, Timor-Leste must strengthen its procurement system in order to guarantee that we do not give contracts to corrupt companies who simply wish to exploit Timor-Leste’s wealth for their own benefit. Although Hyundai E&C has already pulled out of this project, La’o Hamutuk urges authorities, perhaps including the Anti-Corruption Commission, to look into the tender process leading to this contract. Timor-Leste leaders have recently signed several contracts for large infrastructure projects without transparency and with dubious procurement processes. To protect the public interest, we encourage investigation to determine whether there were violations of Timor-Leste laws and to see how these critical systems can be strengthened.

Last week, the Council of Ministers approved a mid-year budget rectification and sent it to Parliament for approval. They want to add more spending to the 2016 State Budget to cover this year’s spending on poorly-planned megaprojects, including $150 million for the Suai Supply Base, $130 million for Tibar Port and $24 million for the Dili drainage project (which has also been rejected by the Audit Court). Although not mentioned in the media, another likely reason for the budget adjustment is cost overruns on the first segment of the Suai-Beaçu Highway – the 2016 budget allocates only $20 million, but the Transparency Portal shows that $56.9 million had already been spent by mid-June.
The delays in the Suai Supply Base contract make the budget adjustment unnecessary, as the current 2016 budget (Book 3A) already appropriates $142 million (plus $64 million in loan money) for the Suai Supply Base during 2016 and 2017, and $498 million more in 2018-2020. With no construction contract, this money will not be spent. Without the Suai Supply Base, other Tasi Mane elements including the $93 million Suai airport, $588 million first phase of the Suai-Beaçu Highway, Suai-Betano oil pipeline and Betano Refinery (for which no cost estimate has been released, but which will cost billions of dollars) make no logical sense, and should also be cancelled. This would free up this money for higher-yielding investments like education and health.

Tendering irregularities and Hyundai’s withdrawal from the Suai Supply Base contract have given Timor-Leste an unexpected opportunity to reconsider the decision to buy many components of the Tasi Mane Project. Although these have already cost Timor-Leste more than $100 million and displaced hundreds of people, the impacts to date are tiny compared with the billions of dollars and thousands of evictions which will accompany the Suai and Betano components of the Tasi Mane project, as well as the environmental damage they will cause. It is time to stop throwing good money after bad, and to focus on realistic, achievable pathways for sustainable, equitable development which will provide benefits for all citizens of Timor-Leste, not only for foreign construction companies and TimorGAP.