A/HRC/20/25/Add.1
Commitment package, which is to commence in 2012.53 She calls on the State to strengthen
efforts to diversify the economy to ensure that those seeking employment will have access
to decent work in sustainable sectors, such as agriculture, small industries and tourism.
VI. Challenges to the realization of rights by those living in
extreme poverty
A.
Access to justice
47.
Since independence, Timor-Leste has faced the immense challenge of building a
judicial framework and community of legal practitioners. With the assistance of the
international community, some progress has been made to create the system of laws,
establish justice mechanisms, bolster the numbers of judicial personnel, improve justice
facilities in rural areas, and establish an integrated case management system linking all
justice institutions.
48.
However, significant advances and reforms to the legal framework are still required
to raise the quality of and access to the formal justice system, particularly in rural areas.
Some institutions provided for in the Constitution, such as the Supreme Court of Justice
and the Audit Court, are yet to be established. Legal awareness and literacy among the
population remains low; laws and regulations are published in Portuguese, and only some
are translated into Tetum or other local languages. This prevents a large proportion of
Timorese from knowing and claiming their rights.
49.
The centralization of the Timorese justice system presents a considerable obstacle to
accessing justice for those living in poverty, particularly in rural areas. While regional
registries and branch offices of the National Directorate for Land and Property have now
been set up in each of the 13 districts, district judicial offices or courts have yet to be
established in many of the districts.54 The Special Rapporteur welcomes the Government’s
initiative to operate a mobile court service in the Baucau and Suai regions and recommends
that this be expanded to all districts, pending the establishment of permanent district courts,
in order to bring justice closer to the people, improve awareness of the formal justice
system, and disseminate legal information to the communities, especially in isolated areas.
She welcomes the Government’s recognition that the justice system remains inaccessible to
substantial parts of the population, and urges the Government to fulfil its commitment to
strengthening the capacity and accessibility of the formal justice system. 55
50.
Timorese cultural practices often reflect a preference for the resolution of legal
issues at the community level, and the use of traditional justice mechanisms remains
widespread.56 At times these mechanisms fall short of meeting international human rights
norms and standards. In order to encourage the people to resolve disputes and claim their
rights through the formal justice system, the Government needs to concentrate on building
the capacity of the system to dispense justice quickly and efficiently at the district levels. It
is also crucial that Timor-Leste adopt a clear regulatory framework to articulate a cohesive
and coordinated integration of the formal justice system and traditional justice mechanisms.
53
54
55
56
14
Ibid., p. 30.
Ibid., p. 181.
Ibid., p. 179.
World Bank, ―Trust, authority and decision-making: findings from the Extended Timor-Leste Survey
of Living Standards‖, Justice for Poor briefing note, June 2010.