Recommendation 1 (Legal Framework) Timor-Leste 2012 —
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Recommendation 1 (Legal Framework) Timor-Leste 2012

http://aceproject.org/ero-en/regions/pacific/TL/timor-leste-final-report-parliamentary-elections/at_download/file

In several respects the STAE regulations governing the conduct of parliamentary elections (Regulation/03/STAE/2011) do not have the backing of law. Thus, the STAE regulation on parliamentary elections prohibits the use of state property for campaigning purposes (Article 28), but there is no equivalent provision in the electoral law or the section of the Penal Code where electoral offences are defined. Similarly, the regulations uphold the principle of impartiality of public servants and require that they should not engage in any form of electoral propaganda (Article 27). Again, however, there are no legal penalties associated with this proscription. Public servants wishing to campaign during an election may seek leave to do so from the Public Service Commission, though it is unclear what the consequences are of failing to do so. It is therefore recommended that the Government undertake a review of existing electoral legislation with a view to assessing its compatibility with the Penal Code and STAE regulations and with the aim of closing any gaps that may exist between the provisions contained in these instruments governing the conduct of elections and specifically giving legal effect to prohibitions contained in the regulations.

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