Fundasaun Mahein (FM) publishes its analysis of Decree No. 01/PM/1/2025, issued by the Prime Minister of the IX Constitutional Government, which delegates competencies related to the National Intelligence Service (SNI) to the Minister of the Presidency of the Council of Ministers. This decision, taken on 20 January 2025, has raised significant debates about the compatibility of the delegation with the legal framework regulating SNI.
Law No. 9/2008, 2 July, which establishes the National Intelligence System, determines, in No. 2 Article 13, that “SNI is a public service that depends on the Prime Minister and enjoys administrative and financial autonomy.” This provision highlights the central position of the Prime Minister as the highest authority through which the SNI conducts its operations and functions. Likewise, No. 1, Article 2 of Decree-Law No. 3/2009, 15 January, states that SNI is “a personalized State service which depends directly on the Prime Minister and enjoys administrative and financial autonomy.” This regulatory framework guarantees the administrative independence of the SNI, while preserving its direct hierarchical subordination to the Prime Minister, which ensues strategic control over its activities.
However, Decree No. 01/PM/1/2025 delegates several important competencies related to the National Intelligence Service (SNI) to the Minister of the Presidency of the Council of Ministers. Therefore, FM wishes to highlight the following key points regarding this decision:
1. Transparency and Oversight: It is essential to establish clear mechanisms for monitoring delegated actions, to ensure that they are aligned with national security objectives.
2. Hierarchy and Accountability: As long as delegation is legally permitted, the Prime Minister’s strategic oversight should be maintained to preserve the integrity of the SNI.
3. Legal Interpretations: Differences in interpretation regarding the limits and objectives of delegation can lead to legal and administrative conflicts, which must be resolved through transparency and dialogue.
FM therefore recommends implementing rigorous oversight mechanisms to ensure that delegation is carried out with transparency and accountability. Further, we suggest that the Government should clearly communicate the criteria and objectives of this decision to the Timorese public in order to promote public trust and ensure alignment with democratic principles.
For more information on this analysis or to access the full report, please visit our official website: www.fundasaunmahein.org.
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Fundasaun Mahein (FM)
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