A/HRC/20/25/Add.1
(Part II, Title III), including the rights to work (sect. 50), social security and assistance
(sect. 56), health (sect. 57), housing (sect. 58), education and culture (sect. 59) and a
healthy, humane and ecologically balanced environment (sect. 61). The Constitution
reaffirms access to courts for all (sect. 26) and the independence of the judiciary (sect. 119).
14.
Timor-Leste has also made progress in adopting key legislation protecting human
rights (including the Law against Domestic Violence, the Law on the Protection of
Witnesses, the Criminal Procedure Code and the Penal Code) and has established several
mechanisms to monitor human rights violations, namely the Office of the Provedor for
Human Rights and Justice, the National Commission for the Rights of the Child and the
Anti-Corruption Commission. The Special Rapporteur particularly welcomes the
establishment of child protection officers in each district, an important step towards
improving the protection and promotion of the human rights of children and youth.
However, she is concerned that the capacity and effectiveness of some these institutions are
limited by a lack of funds and enforcement powers.
15.
While the Special Rapporteur commends Timor-Leste on adopting a strong
legislative framework for the protection and promotion of human rights, she notes that this
is not sufficient to ensure the full enjoyment of rights, in particular by the poorest segments
of society. The Special Rapporteur was told that most Timorese, including officials of the
State, are often unaware of what laws and legal measures exist and are available to them.
She found that those responsible for implementing laws and programmes are hampered by
insufficient resources, inadequate capacity, a lack of accountability, and the concentration
of decision-making processes in Dili.
16.
There also seems to be a lack of understanding of the indivisibility and
interdependency of all human rights. In order to ensure that human rights, including
economic, social and cultural rights, are enforceable and enjoyed by the poorest groups in
society, they must be at the heart of the design, implementation and evaluation of public
policies. Meaningful and effective participatory mechanisms must be put in place, those
responsible for implementing social policies must be fully accountable, and the principle of
equality and non-discrimination must underpin all development policies.
17.
The indivisibility of rights also means that ending impunity is an essential
prerequisite to ensuring stability, peace and sustainability. The Special Rapporteur
encourages the State to take measures to ensure that post-conflict justice and reconciliation
is prioritized and that a legal framework is put in place to ensure that those responsible for
serious crimes during the conflict are called to account for their deeds, and the victims of
those crimes are able to access reparations (see A/HRC/19/58/Add.1). She also reminds the
Government of Indonesia, the United Nations and the international community of the role
they must play in ensuring that the perpetrators of crimes during the Indonesian occupation
are brought to justice.
IV. Achieving equitable and sustainable poverty alleviation:
human rights-based growth and development
18.
The Special Rapporteur recognizes that Timor-Leste is a young country still in the
early stages of development. Nevertheless, the situation of poverty and deprivation in the
country is severe, and economic growth and development have not translated into sustained
improvements in living conditions or job creation for the great majority of Timorese
people. Development has been uneven and inequitable, its benefits not reaching the poorest
sectors of society, particularly rural populations.
19.
The human rights framework imposes an obligation on States to ensure that they
devote the maximum available resources to the progressive realization of economic, social
7