A/HRC/20/25/Add.1
and cultural rights. In this context, the Special Rapporteur is concerned about the
prioritization of public expenditures in Timor-Leste. She notes that even as the State budget
has increased in recent years, there has been a gradual decline in the percentage allocated to
social services, including health and education services, as well as to agriculture.
20.
The Special Rapporteur welcomes the increases in allocation to these areas in the
2012 budget, which occurred immediately following her visit. Nevertheless, while 53 per
cent of the $1.67 billion budget is earmarked for physical infrastructure, only 7.1 per cent
will be allocated to education, 3.3 per cent to health and about 1.5 per cent to agriculture. 12
Although she recognizes that physical infrastructure is important for ensuring the physical
accessibility of social services, the Special Rapporteur calls on the Government to reassess
the allocation of its resources, to ensure that social services are sufficiently financed to
facilitate the progressive realization of economic, social and cultural rights for all Timorese
in a sustainable manner.
21.
The concept of progressive realization recognizes the challenges faced by small,
developing countries such as Timor-Leste in meeting their obligations with respect to
economic, social and cultural rights. Yet it also requires that core minimum obligations be
met by the State to ensure the satisfaction of, at the very least, minimum essential levels of
enjoyment of economic, social and cultural rights. The obligation to achieve these
minimum essential levels cannot be dispensed with even when resources are limited, or
when a country is in the earliest stages of development.
22.
Moreover, compliance with the maximum available resources requirement implies
an obligation to ensure sufficient resources are generated. The Special Rapporteur received
information that the management of the Petroleum Fund has been effected with efficiency
and transparency.13 However, some concerns have been raised that the Government is
consistently withdrawing more from the Fund than the estimated sustainable income level,
and that projections from Government spending plans have Timor-Leste exhausting its
petroleum resources by 2024, and the Petroleum Fund even sooner. 14
23.
The Special Rapporteur reminds the Government that its fiscal choices will have
ramifications for its ability to ensure the realization of economic, social and cultural rights
for the population. As the Government is aware, Timor-Leste cannot achieve sustainable
and equitable development by relying solely on the revenue from its limited oil and gas
resources. Inclusive poverty reduction and the creation of decent work necessitate measures
to increase the capacity of the non-petroleum sectors of the economy, particularly
agriculture, in order to ensure a diverse revenue stream with long-term stability. The
Special Rapporteur also calls on the Government of Timor-Leste to assess whether its
corporate taxation rates, among the lowest in the world, should be revised in order to
expand the resources available to address poverty and reduce inequality.
24.
Development should be a ―bottom up‖ process in which the population can
meaningfully and effectively participate in the establishment of national priorities.
Consultation alone is not enough; those who are affected by State policies and programmes
must have a say in the decisions that affect their lives. To this end, the Special Rapporteur
commends the consultation process led by the Prime Minister as part of the formulation of
12
13
14
8
Timor-Leste, Budget Transparency Portal, available from http://budgettransparency.gov.tl/public/
index?&lang=en.
See Revenue Watch Institute, ―Timor-Leste: transparency snapshot‖, available from
www.revenuewatch.org/countries/asia-pacific/timor-leste/transparency-snapshot.
La’o Hamutuk, ―Submission to Committee C: Economy, Finances and Anti-Corruption, National
Parliament, Democratic Republic of Timor-Leste‖, 21 October 2011. Available from
www.laohamutuk.org/econ/OGE12/LHSubComCPNOJE2012En.pdf.