Office of the Provedor for Human Rights and Justice (Timor Leste)
The Office of the Provedor for Human Rights and Justice, or Provedoria dos Direitos Humanos e Justiça (PDHJ), is the National Human Rights Institution of the Democratic Republic of Timor-Leste. It was established under Section 27 of the Constitution of Timor-Leste [1] in May 2002 and first opened its doors in 2006. The PDHJ has a dual mandate covering human rights and good governance.
The main activities of the PDHJ include cooperation with national and international entities for the advancement of a human rights framework in Timor-Leste, good governance and human rights monitoring, activities for the promotion of human rights and good governance principles, reporting to the United Nations treaty bodies and the Human Rights Council, activities for human rights education as well as conducting investigations in relation to human rights issues or abuses. The current Provedor (Ombudsman) is Silverio Pinto Baptista.
Location
The main office of the PDHJ is located in Timor-Leste's capital Dili. There are 4 regional offices: in Baucau, Oecusse, Same and Maliana.
Mission and vision
The PDHJ's vision is to protect human rights, strengthen integrity and promote good governance in Timor-Leste.[2]
The PDHJ's mission is:[3]
- To create a public conscience through the promotion of a culture that respects the principles of human rights, rule of law and good governance.
- To provide motivation and assistance to entities and public agencies to develop policies, procedures, internal training and complaint mechanisms that promote human rights and good governance.
- To effectively address the issue of human right violations and mal-administration using mechanisms which deal with complaints effectively and through a process that promotes mediation and conciliation.
- To provide recommendations on the means and ways to protect human rights and good governance, based on the results of investigation, inquiry and monitoring (directly or in partnership with its partners in civil society) that will guarantee the constitutionality of legislative decisions, the protection of human rights, the strengthening of integrity and the promotion of good governance in Timor-Leste.
Accreditation
The PDHJ was first accredited as an A-status National Human Rights Institution by the International Coordinating Committee of National Human Rights Institutions in 2008. The PDHJ retained its status through a re-accreditation process in 2013.[4] As such, the PDHJ complies with the 1993 Paris Principles and therefore has access to the UN Human Rights Council and other UN bodies.
In that competency, the PDHJ has reported to the UN treaty bodies, for example to the UN Committee on the Rights of the Child and to the UN CEDAW Committee.
Legal basis
The 2002 Constitution of Timor-Leste established the Provedor for Human Rights and Justice as an independent organ. The Statutes of the PDHJ were approved through Law 7/2004, amended by Law 8/2009 and the Organic Structure of the PDHJ was approved through Decree Law 25/2011.
Structure
The Office of the Provedor for Human Rights and Justice is headed by the Provedor, currently Silverio Pinto Baptista, and two or more deputy Provedors, currently Horacio de Almeida and Jesuina Maria Ferreira Gomes. General guidance on all services pertaining to the Secretary for Human Rights and Justice is provided by the Director General, currently Aureo José António Sávio.
The PDHJ has a number of directorates, including a directorate of Human Rights and a Directorate of Good Governance.
Main competencies
The PDHJ has a number of competencies. Among others, the PDHJ has the authority to:
Receive complaints [5]
All legal and natural persons can lodge a complaint with the Office of the Ombudsman for Human Rights and Justice. Complaints can be made individually or collectively, including through class actions.
Carry out investigations into possible violations of human rights and good governance
The Ombudsman for Human Rights and Justice is empowered to investigate violations of fundamental human rights, freedoms and guarantees, abuse of power, maladministration, illegality, manifest injustice and lack of due process, as well as instances of nepotism, collusion, influence peddling and corruption.[6]
Monitor and advice public authorities
The Ombudsman for Human Rights and Justice is empowered to:[7]
- Oversee the functioning of public authorities, notably the Government, its agencies and private entities fulfilling public functions and services and can conduct inquiries into systematic or widespread violations of human rights, maladministration or corruption;
- Submit to the Government, the National Parliament or any other competent body, on an advisory basis, opinions, recommendations, proposals and reports on any matter concerning the promotion and protection of human rights and good governance;
- Request the Supreme Court to declare the unconstitutionality of legislative measures, including unconstitutionality through omission in accordance with Sections 150 and 151 of the Constitution of Timor-Leste;
- Monitor and review regulations, administrative instructions, policies and practices in force or any draft legislation for consistency with customary international law and ratified human rights treaties;
- Recommend the adoption of new legislation, and propose the amendment of legislation in force and the adoption or amendment of administrative measures.
Promote Human Rights and Good Governance
The Ombudsman for Human Rights and Justice is, within the scope of his or her action to promote human rights and good governance, empowered to:[8]
- Promote a culture of respect for human rights, good governance and fight against corruption, notably by making public statements, conducting information campaigns or by other appropriate means to inform the general public and public administration, and disseminate information regarding human rights, good governance and fight against corruption;
- Make recommendations on the ratification of, or accession to, international human rights instruments, monitor the implementation of those instruments, and recommend that reservations to those instruments be either withdrawn or raised.
Fight against corruption
The Ombudsman for Human Rights and Justice is empowered to:[9]
- Investigate all instances of corruption and the misappropriation of public assets by officials, and take measures to combat corruption;
- Develop activities for strengthening responsibility and accountability in public administration, and in particular in infrastructure, procurement and public works sectors through ensuring and promoting public input and monitoring, and also developing information networks, sectoral strategies and any other appropriate tools;
- Promote awareness campaigns by divulging anti-corruption practices and principles, and legal rights of action, notably through the development and implementation of a strategic annual plan of actions, publications, lectures and symposia.
External links
References
- ↑ Constitution of the Democratic Republic of Timor-Leste, Section 27
- ↑ About the PDHJ: Mission, vision and values
- ↑ About the PDHJ: Mission, vision and values
- ↑ International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights - Accreditation status as of 28 January 2014
- ↑ PDHJ Statute, Art. 2
- ↑ PDHJ Statute, Art. 23
- ↑ PDHJ Statute, Art. 24
- ↑ PDHJ Statute, Art. 25
- ↑ PDHJ Statute, Art. 26