Key Institutions Report final 15 December 2011 - Unmit

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1.9.8. SUPERIOR COUNCIL FOR DEFENCE AND SECURITY CONSELHO SUPERIOR DE DEFESA E SEGURANÇA “1. The Superior Council for Defence and Security is the consultative organ of the President of the Republic on matters relating to defence and sovereignty.” Source: Constitution of the Democratic Republic of Timor-Leste, Section 148 INSTITUTION ESTABLISHED BY Constitution of the Democratic Republic of Timor-Leste, Section 148 OTHER LEGAL REFERENCES Law 02/2005 of 17 February 2005 on the Superior Council for Defence and Security Law 04/2006 of 26 May 2006 on the Organic Structure of the Office of the President STRUCTURE OF THE SUPERIOR COUNCIL FOR DEFENCE AND SECURITY “The Superior Council for Defence and Security is presided over by the President of the Republic and is composed as follows: (a) the Prime Minister; (b) the Ministers or Secretaries of State responsible for the areas of defence, justice, interior, and foreign affairs; (c) three representatives from the National Parliament; (d) the Joint Chief of Staff of the Defence Force, or whoever performs such functions; (e) the PNTL General Commander; (f) the National State Security Officer; (g) two citizens appointed by the President of the Republic. “ Source: Law 02/2005 of 17 February 2005 on the Superior Council For Defence and Security , Article 2 MEMBERS OF THE SUPERIOR COUNCIL FOR DEFENCE AND SECURITY José Manuel Ramos-Horta President of the Republic Fernando “La Sama” de Araújo Speaker of the National Parliament Kay Rala Xanana Gusmão Prime-Minister Zacarias Albano da Costa Minister of Foreign Affairs Lúcia Lobato Minister of Justice Júlio Tomás Pinto Secretary of State for Defence Francisco Guterres Secretary of State for Security Taur Matan Ruak Chief of the General Staff of F-FDTL Longuinhos Monteiro PNTL General Commander Roque Rodrigues Appointed by the President of the Republic Alcino Barris Appointed by the President of the Republic David Ximenes Appointed by the National Parliament Fernanda Borges Appointed by the National Parliament Source: http://www.presidencia.tl/eng/scdmem.html [last accessed: 23 March <strong>2011</strong>] DURATION OF MANDATE 5 years MAIN MANDATE / COMPETENCIES “1. It is incumbent upon the Superior Council for Defence and Security to advise the President of the Republic on: 44
(a) matters relating to the defence and security policy; (b) the review of legislation and the implementation of laws concerning the organization, functioning and discipline of the defence force, the police, and all other security forces; (c) the process of entering into international agreements in the area of defence and security; (d) the decision to declare war or to make peace; (e) the decision to declare the state of siege or the state of emergency; (f) the decision to propose the appointment or dismissal of the Joint Chief of Staff of the Defence Force and the Deputy Joint Chief of Staff of the Defence Force; (g) the decision to appoint or dismiss the Chiefs of Staff of the different branches of the Defence Force; (h) the decision on other matters relating to defence and security as may be raised by the President of the Republic or by any of the Council members. 2. It is also incumbent upon the Superior Council for Defence and Security to approve and amend its rules of procedure.” Source: Law 02/2005 of 17 February 2005 on the Superior Council For Defence and Security , Article 3 MECHANISMS OF ACCOUNTABILITY “1. Meetings of the Superior Council for Defence and Security are not open to the public. 2. Members of the Superior Council for Defence and Security and its Secretary have the duty of secrecy in respect of the object and content of the meetings and in respect of the decisions taken. 3. Opinions issued by the Superior Council for Defence and Security must be published in the Official Gazette concurrently with the corresponding acts, under the terms provided for under paragraphs (d) and (e) of article 3. 4. As for all other cases, opinions shall only be published where the Council so decides.” Source: Law 02/2005 of 17 February 2005 on the Superior Council For Defence and Security , Article 6 2009-<strong>2011</strong> STATE BUDGET APPROVED “Expenses arising from the application of this law shall be paid from state budget appropriations to the Office of the President of the Republic.” Source: Law 02/2005 of 17 February 2005 on the Superior Council For Defence and Security , Article 9 CONTACT Joel Maria Pereira, Social Communication & Media Relations Tel.: +6707236733/ +6707230160 E-Mail: riko.joel@gmail.com Website: www.presidencia.tl Palácio Presidencial – Av. Mártires da Pátria - Dili, Timor-Leste 45
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Key Institutions Report final 15 December 2011 - Unmit

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