Timor Leste

Timor Leste Office of the Provedor for Human Rights and Justice

Membership: Full Member
Admitted: Full Membership (12th Annual Meeting, 2007); Candidate Membership (10th Annual Meeting, 2005)

On 26 May 2004 the National Parliament passed Law No. 7/2004, approving the Statute of the Office of the Ombudsman for Human Rights and Justice, which established the Timor-Leste Provedor de Direitos Humanos e Justica (the Office of the Ombudsman (Provedor) for Human Rights and Justice).

The Office of the Provedor is an independent national human rights institution which has a mandate to cover human rights, good governance / maladministration and anti-corruption matters.

The nature of the Provedor’s operations is set out in Article 5 of the establishing statute:

1. The Office shall operate as an independent statutory body and shall not be subject to the direction, control or influence of any person or authority.

2. The Office shall have the power to review complaints, conduct investigations and forward to the competent organs the recommendations deemed appropriate to prevent or redress illegality or injustice.

3. The purpose of the Office of the Ombudsman for Human Rights and Justice, hereinafter referred to as “the Office”, is to combat corruption and influence peddling, prevent maladministration and protect and promote human rights and fundamental freedoms of natural and legal persons throughout the national territory.

4. The Office shall provide the technical and administrative support for the discharge of the duties of the Ombudsman for Human Rights and Justice and for the exercise of his or her functions with independence in relation to the Government and the other organs of sovereignty, political parties and all other entities and authorities that might affect his or her work.

5. The Office shall have legal competence to enter into contracts, sue and be sued, acquire, hold and dispose of property, as deemed necessary for and incidental to the performance of its functions.

Article 3 of the statute sets out the Provedor’s scope of actions:

1. The Ombudsman for Human Rights and Justice shall exercise his or her functions within the scope of action of public entities, notably the Government, the PNTL [National Police], the Prison Service, and the F-FDTL [Defence Force].

2. The action of the Ombudsman for Human Rights and Justice may also focus on the activities of public or private entities and agencies that, regardless of their origin, fulfil public functions and services or manage public funds or assets.

3. The Office shall, subject to Article 37.3, investigate all complaints relating, but not limited to acts or omissions which:

1. are contrary to the law or regulation;

2. are unreasonable, unfair, oppressive or discriminatory

3. are inconsistent with the general course of a public entity or agency’s functions

4. proceed from mistake of law or an arbitrary, erroneous or mistaken ascertainment of facts

5. are otherwise irregular and devoid of justification.

The Provedor has a broad human rights mandate. It deals with cases of human rights violations, complaints, education and promotion, monitoring and generally integrating human rights into legislation and practices of Timor-Leste. The competencies, powers and duties of the Provedor are set out in Chapter IV of the Statute.

The scope of the Provedor’s powers is set out in Article 28:

For the purpose of performing his or her functions under Articles 23 to 27, the Ombudsman for Human Rights and Justice shall have the following powers:

1. to receive complaints

2. to investigate and inquire into matters under his or her competence

3. to decide not to take any further action on, or dismiss, complaints brought before him or her, pursuant to Article 37.3

4. to order a person to appear before him or her or at another place deemed more appropriate where it appears that person may have information relevant to an investigation initiated or to be initiated

5. to have access to any facilities, premises, documents, equipment, goods or information for inspection and interrogate any person to whom the complaint relates somehow

6. to visit any place of detention, treatment or care in order to inspect the conditions therein and conduct a confidential interview of the persons in detention

7. to refer a complaint to a competent jurisdiction or another recourse mechanism

8. to seek leave of the National Parliament to appear before a court, arbitration tribunal or an administrative enquiry commission

9. to act as a mediator or conciliator between the complainant and the agency or entity which is the subject of a complaint, where the parties agree to submit to such a process

10. to make recommendations for redress in complaints brought before him or her, notably by proposing remedies and reparations

11. to provide advice including opinions, proposals and recommendations for the purpose of improving respect for human rights and good governance by the entities within his or her jurisdiction

12. to report to the National Parliament in relation to the findings of an investigation or in relation to his or her recommendations.

Members of the Office of the Provedor

Dr Sebastiao Dias Ximenes
Ombudsman (or Provedor) for Human Rights and Justice

Mr Silverio Pinto Baptista
Deputy Ombudsman for Human Rights and Justice

Mr Amandio de Sa Benevides
Deputy Ombudsman for Good Governance and Anti Corruption.

Legal Framework

Constitution of Timor Leste

On 22 March 2002 the Constituent Assembly of the Democratic Republic of Timor-Leste approved and decreed the Constitution of the Democratic Republic of Timor-Leste. Section 27 of the Constitution provides for the establishment of an Ombudsman.

1. The Ombudsman shall be an independent organ in charge to examine and seek to settle citizens' complaints against public bodies, certify the conformity of the acts with the law, prevent and initiate the whole process to remedy injustice.

2. Citizens may present complaints concerning acts or omissions on the part of public bodies to the Ombudsman, who shall undertake a review, without power of decision, and shall forward recommendations to the competent organs as deemed necessary.

3. The Ombudsman shall be appointed by the National Parliament through absolute majority votes of its members for a term of office of four years.

4. The activity the Ombudsman shall be independent from any means of grace and legal remedies as laid down in the Constitution and the law.

5. Administrative organs and public servants shall have the duty to collaborate with the Ombudsman.

Constitution of Timor Leste – PDF

Enabling legislation

Law No. 7/2004, Approving the Statute of the Office of the Ombudsman for Human Rights and Justice

New UN envoy to Timor Leste takes up post

Ameerah Haq of Bangladesh, a humanitarian official with over three decades of experience with the UN