Dr Sebastiao Dias Ximenes, Timor Leste PDHJ

Taking a strong stand for human rights and good governance in Timor Leste does not come without personal challenges, according to the country’s Provedor for Human Rights and Justice (PDHJ).

Dr Sebastio Dias Ximenes took up the role as the country’s first Provedor in 2005, following work as a lawyer and Rector of Dili University

He says investigating allegations of human rights violations, corruption and maladministration can be “difficult work, very hard work”

“There can be times when the work it is dangerous because some people don’t like what we are doing. Sometimes we receive anonymous messages threatening us,” he said.

“But I try not to get worried or afraid by these things. I have a very strong commitment to do my work independently and impartially.”

Preventing violations

During the past year, a major focus of the PDHJ has been to work with the National Police and the Defence Forces to provide training and information on human rights issues.

“When the state of siege was declared by the Timor Leste Government last year, and afterwards under the state of emergency, we received many complaints regarding excessive use of force by the National Police and the Defence Forces,” said Dr Ximenes.

“Even today, more than a year later, violations of human rights continue to be practiced by our National Police. Ill treatment and beatings still happen commonly, often daily.”

He says that regular training, based on an understanding of the issues confronting police and defence force personnel, is the one of the most effective ways to reduce violations and change the prevailing culture.

“Some officers feel they can do anything they want and this can lead to an abuse of their authority. For others the issue is a lack of knowledge,” he said.

“That’s why training is so important – to help change their mentality, to provide the information they need and to build their capacity.”

In the last year the PDHJ has also been active in monitoring the return and reintegration of internally displaced persons, inspecting prisons and places of detention, promoting the rights of women and assessing the right to education.

“The situation in Timor Leste remains fragile and there is a lot of work to be done,” said Dr Ximenes.

“However, we are lucky because we have very good staff and we also have support and cooperation from other institutions in the region. This helps us to be more effective in what we do.”

Fighting corruption

Unlike other national human rights institutions in the Asia Pacific region, the PDHJ also has a mandate to investigate cases of corruption and maladministration.

The problem of corruption, which was a major discussion theme at the recent APF Annual Meeting, has reached “alarming” levels in Timor Leste, according to Dr Ximenes.

“As a new country, as a small country, it is vital that we do everything we can fight corruption,” he said.

“We need to attract investors so the country can grow and develop, but no companies will come to Timor Leste if there are no controls on corruption.”

The first and most important step in fighting corruption, he believes, is gaining the “strong political will of our leaders, it is not enough for them to just say the right words.”

The second key element is putting in placing effective legislation “that gives us the tools to fight corruption.”

A law to establish an Anti-Corruption Commission was recently passed by the Timor Leste Government and is expected to enter into force shortly.

This will separate the anti-corruption function from the PDHJ, which Dr Ximenes sees as a positive step, although he cautions that the new body will require “sufficient financial resources to do the job”.

“We also need to work closely with civil society because you need the support of many groups to win the fight against corruption,” he said.

Positive developments

A major achievement for the PDHJ in the last year has been the establishment of four regional offices in Oecussi (December 2008), Baucau (May 2009), Maliana (June 2009) and Maubisse (July 2009), accompanied by the appointment of 23 new staff members.

“This is a very positive development for us because it allows us to be much closer to the people,” said Dr Ximenes.

“It means we can build stronger relationships with civil society groups in these regional centres, provide more training, monitor the human rights situation and receive complaints from individuals.”

Although his official four-year term as Provdeor officially ended on 15 June, a new Provdeor has yet to be appointed to the position. Until that happens, Dr Ximenes says he is happy to continue in the role.

“We are a new country, a new democracy and the Provedor’s office is a new institution, so it is a very satisfying job,” he says.