Timor-Leste - Legal News - June through August 2021

MINING

Approval of the Mining Code

Law No. 12/2021, of 30 June 2021, approved the much awaited Mining Code, which establishes the legal framework applicable to Mining Activities in the Democratic Republic of Timor-Leste.?The Code aims to establish a modern legal framework capable of promoting and facilitating the exploitation of mineral resources in the country, including rules, namely, on the classification of minerals, rights and duties of the holders of mining rights throughout each of the phases of mining activities and the procedures for the acquisition of mining rights. The Mining Code also defines the rules relating to the inspection and supervision of mining activities, as well as the rules on environmental protection, safety and health in the concession areas.

STATE ADMINISTRATION

Amendment to the Law on Electoral Administration Bodies

Through Law No. 16/2021, of 28 July 2021, the National Parliament approved the third amendment to the Law on Electoral Administration Bodies. This statute amends aspects respecting to the coordination of competencies between the National Electoral Commission and the Technical Secretariat of the Electoral Administration regarding the production and analysis of draft regulations on electoral implementation. It also establishes that the organization, composition, and functioning of the Technical Secretariat for Electoral Administration are now defined by the Government, by means of decree-law.

Amendment to the Electoral Law for the President of the Republic

Law No. 15/2021, of 14 July 2021, approves the sixth amendment to the Electoral Law for the President of the Republic. Among the various issues covered, the new law introduces a distinction between polling stations and voting centers, the latter having a wider operation schedule,?and allows media professionals, when on duty, to vote in the polling stations where they are performing their duties. In addition, and considering the current pandemic situation, the new law also creates parallel voting centers in Dili for voters who cannot travel to their respective voting centers in other municipalities, and creates the figure of the election monitor, to carry out certain election monitoring activities.

Amendment to the Migration and Asylum Law

The National Parliament approved, through Law No. 10/2021, of 16 June 2021, the first amendment to the Migration and Asylum Law. This statute makes changes to the rules on temporary residence permits, particularly regarding their duration.

Extraordinary Support for Insertion in the Labour Market

The Government approved Decree-Law No. 14/2021, of 27 August 2021, which sets forth the support measures applicable to private sector employers and employees, targeting employees that are a part of the "work for remuneration" program.?The aim of these measures is to encourage the hiring of more than 5,000 employees from 50 different villages and fight unemployment caused by the pandemic. Through this Decree-Law, the beneficiaries are thus granted an extraordinary subsidy for integration into the labor market, partial exemption from the duty to pay social security contributions and an extraordinary unemployment subsidy.

Legal Framework on Land Classification and Qualification

Following the approval of the Framework Law on Territorial Planning, the Government, through Decree-Law No. 8/2021, of 30 June 2021, established the principles and criteria for the classification and qualification of land. This statute distinguishes between two types of land, urban land and rural land, with an impact on territorial planning and land management.

Amendment to the Law on the Administrative Division of the Territory

Law No. 14/2021, of 7 July 2021, approves the second amendment to the Law on Administrative Division of the Territory. Among other changes, this Law creates the Municipality of Ataúro, consequently extinguishing the Administrative Post of Ataúro, of the Municipality of Díli.

EDUCATION

Credit Line “Ensinu Superior Kualidade+”?

By means of Decree-Law No. 12/2021, of July 21, the Government approved the credit line "Ensinu Superior Kualidade+". This support mechanism results from the need to respond to the challenges faced by the various social sectors during 2020. The credit line is aimed specifically at the private higher education sector, which was not prepared for the atypical increase in demand for openings, due to the inability of many students to study abroad. The purpose of the credit line "Ensinu Superior Kualidade+" is to ensure the growth of the private higher education system, the modernization and improvement of the quality of higher education, an increase in the human resources of these educational institutions, and to diversify the supply of higher education in Timor-Leste.