A/HRC/20/25/Add.1
must ensure that the participatory process does not perpetuate the existing male-dominated
power structures.
74.
The Special Rapporteur recommends that the Ministry of Social Solidarity assess the
possibility of implementing a categorical targeting of non-universal programmes, benefiting
everyone in the most deprived communities first. The assessment of which communities are
the most deprived must be objective and independent. The Government must ensure that
the selection of beneficiaries is made on the basis of reasonable and objective criteria and
that people have access to a complaint mechanism to review any possible unfair exclusion
from the programmes. Such a mechanism must be impartial and anonymous, and have the
competence to provide effective redress.
75.
The Special Rapporteur is also concerned about the geographical accessibility of the
programmes, the cultural adaptability of the dissemination methods, and the imposition of
requirements that may discourage eligible beneficiaries to apply. The poorest and most
marginalized populations often experience real difficulties meeting the administrative
requirements of social protection programmes. A survey shows that more than 70 per cent
of beneficiaries across all programmes cited obtaining required documentation as the most
significant difficulty when applying. 83
76.
In Timor-Leste the populations most in need of social protection are those removed
from urban centres. Therefore, additional efforts must be made to ensure that physical and
practical obstacles such as long distances, difficult geographical terrain, and high
transportation and opportunity costs are not preventing people from accessing the
programmes. In this regard, the Special Rapporteur is particularly concerned about the
implementation of the pension programme for the elderly: almost one third of the
beneficiaries must travel 90 minutes or more to receive the benefit. 84 The Special
Rapporteur encourages the Ministry of Social Solidarity to continue to assess the best way
of delivering the benefits, in full recognition of the potential discriminatory effect of
particular modes of disbursement.
77.
The Special Rapporteur has particular concerns about the Bolsa da Mãe programme.
Initially, the design of the programme raised serious human rights concerns with respect to
the reasonableness, objectivity and transparency of the qualifying conditions for the
scheme. The Special Rapporteur welcomes the flexibility displayed by the Ministry of
Social Solidarity in making improvements, which have included revising the eligibility
criteria. Following the completion of her mission, the Special Rapporteur was informed of
the adoption of a Decree-Law on the Bolsa da Mãe programme, which enshrines the new
framework in law. The Special Rapporteur welcomes the changes to the programmes as
reflected in the new Law, including the establishment of a monitoring system to oversee the
implementation of the programme. Of great importance is the inclusion in the new Law of
provisions which ensure the continuous implementation and funding for the programme.
However, the Special Rapporteur is extremely concerned about the imposition of
conditionalities in the programme.
78.
While evidence from some countries suggests that conditional cash transfer
programmes are successful in achieving health and education outcomes, policies from very
different contexts may not translate well to Timor-Leste in this case. Because of the specific
vulnerabilities of people living in poverty in Timor-Leste, including the limited access to
education and poor infrastructure, the imposition of conditionalities could undermine the
enjoyment of human rights. Furthermore, it involves additional monitoring and
83
84
20
Ibid.
Ibid.