Provedoria dos Direitos Humanos e Justiça
The Provedoria dos Direitos Humanos e Justiça ( PDHJ , German ombudsman for human rights and law ) is the national human rights institution in East Timor . The PDHJ takes care of human rights and good governance .
His main tasks include the cooperation with national and international organizations for the further development of a network for human rights, the monitoring of good governance and human rights, information and educational events on their principles, the writing of reports to United Nations organizations and the Council for Human Rights and the management of research on issues related to human rights and their abuse. Citizens can call the PDHJ if they have complaints against authorities, the government or other public bodies.
Goal and tasks
The aim of the PDHJ is to protect human rights, to strengthen integrity and to promote good governance in East Timor.
Its tasks are:
- Build a public conscience by promoting a culture that respects the principles of human rights, the rule of law and good governance.
- create motivation and support among organizations and authorities to develop policies, procedures, internal training and complaints procedures that promote human rights and good governance.
- Effectively address human rights abuses and mismanagement by effectively handling complaints and promoting mediation and arbitration.
- Providing recommendations on the ways and means to protect human rights and good governance based on the results of the investigation, investigation and monitoring (directly or in partnership with its civil society partners) into the constitutionality of decisions in legislation that Guarantee the protection of human rights, the strengthening of integrity and the promotion of good governance in East Timor.
Responsibilities
The PDHJ is the point of contact for complaints from legal and natural persons. They can be submitted individually or as collective complaints. In addition, the PDHJ itself also supervises state institutions, including the government , its authorities and private institutions that assume public functions. If necessary, it also advises the PDHJ and submits statements, recommendations, proposals and reports to the national parliament and government. If necessary, the PDHJ can address inquiries to the institutions. The PDHJ can also monitor and review legislative proposals, regulations, administrative regulations, guidelines and current procedures. In the event of possible violations of human rights or good governance, the PDHJ can conduct investigations. If the PDHJ detects violations, it can ask the Tribunal de Recurso de Timor-Leste , the highest court in the country, to declare bills unconstitutional and stop them. To improve the existing legal situation, the PDHJ can also recommend the adoption of new legal provisions and changes to existing ones.
The PDHJ actively promotes good governance and human rights. To this end, he can make public statements, start information campaigns and inform the public or public administration directly. The PDHJ gives recommendations on ratifications and accession to international human rights agreements. The PDHJ monitors their implementation.
The PDHJ also has the right to investigate in relation to the fight against corruption and misappropriation of public assets by officials. He can also use actions to strengthen the sense of responsibility and accountability in public administration. To this end, the PDHJ carries out public advertising, monitoring measures and the formation of information networks. The PDHJ's awareness-raising campaigns with symposia, annual campaigns, publications and lectures on methods of combating corruption complement corruption prevention.
Legal basis
The PDHJ was created as an independent body under Section 27 of the East Timor Constitution of 2002. The statutes of the PDHJ were confirmed by Law 7/2004 of May 26, 2004, amended by Law 8/2009 of July 15, 2009 and the structure of the PDHJ approved by Decree 25/2011 of June 8, 2011.
structure
| PDHJ ombudsmen | |
|---|---|
| Chief Ombudsman | |
| Sebastião Dias Ximenes | May 2005 - October 31, 2014 |
| Silverio Pinto Baptista | October 30, 2014 - October 2018 |
| Jesuína Maria Ferreira Gomes | since October 2018 |
| Deputy Ombudsman for Human Rights |
|
| Silverio Pinto Baptista | June 28, 2005 - October 2014 |
| Horacio de Almeida | January 14, 2015-2019 |
| Benícia Eriana Ximenes dos Reis Magno | since February 28, 2019 |
| Deputy Ombudsman for Good Governance |
|
| Amândio de Sá Benevides | 2005–2009 (?) |
| Rui Pereira dos Santos | April 2010–2015 |
| Jesuína Maria Ferreira Gomes | January 14, 2015-2019 |
| Miguel Pereira de Carvalho | since February 28, 2019 |
The headquarters of the PDHJ is located in the Caicoli district of the state capital Dili . There are regional offices in Baucau , Pante Macassar , Same and Maliana .
The term of office of an ombudsman lasts four years, after which he can only be confirmed once for a further four years. The PDHJ's first ombudsman was Sebastião Dias Ximenes (May 2005 - October 31, 2014). He was followed by Silverio Pinto Baptista , who had previously been Deputy Ombudsman for Human Rights from June 28, 2005 to 2014. The deputy ombudsman for good governance was initially Amândio de Sá Benevides , then Rui Pereira dos Santos (April 2010 - January 14, 2015). In October 2014, Baptista was elected as the new ombudsman by the national parliament and sworn in on October 30th. He was assisted by two deputies, Jesuína Maria Ferreira Gomes for good governance and Horácio de Almeida for human rights. Both received their appointment from the President of Parliament on January 14, 2015. In October 2018, Gomes was elected by Parliament as the new ombudswoman of the PDHJ. The new Vice for Human Rights has been Benícia Eriana Ximenes dos Reis Magno since February 28, 2019 . Miguel Pereira de Carvalho became vice-president of good governance.
The ombudsmen are responsible for the management. The organization is carried out by the General Director (currently Aureo José António Sávio ), to whom four National Directorates report :
- Public Support Directorate: The Directorate is the main point of contact for the public to receive and handle complaints.
- Human Rights Directorate: The Directorate conducts case investigations, monitoring, outreach and educational activities related to human rights issues.
- Directorate for Good Governance: This directorate fulfills the same tasks for the areas of good governance, mismanagement and legality of public activities.
- Administration and Finance Directorate: The Directorate provides funding, human resources, logistics and procurement to keep the PDHJ functional.
history
When the country was granted independence on May 20, 2002, the country's new constitution came into force. She called for the creation of an ombudsman as a point of contact for complaints from citizens. The legal requirements were met in 2004. Since the ombudsman did not have the necessary two-thirds majority in the national parliament in the first ballot, another vote had to be taken in March 2005. This time the election was successful.
Sebastião Dias Ximenes, the first ombudsman of the PDHJ was sworn in in June 2005, and his two deputies joined in the same month. In March 2006 the PDHJ started its work. At this point in time, there was a first major test. The PDHJ investigated misconduct by the military , police and other government institutions during the riots at the time .
In 2008 the PDHJ was accredited as a national human rights institution with status A by the International Coordinating Committee of National Human Rights Institutions (ICC); the renewed examination took place in 2013. The assessment was based on the Paris Principles of 1993. With this status, the PDHJ has access to the UN Human Rights Council and other United Nations agencies.
Between 2008 and 2010, the PDHJ was consolidated. In April 2010, Ximenes was confirmed for a second term. In 2011, the number of complaints received exceeded 300. Restructuring of the PDHJ began again using a strategic plan.
Web links
- PDHJ website (English, tetum, Portuguese)
Individual evidence
- ↑ a b c UNMIT : Key Institutions Report, December 15, 2011 ( page no longer available , search in web archives ), accessed on May 3, 2017.
- ↑ a b PDHJ: About the PDHJ: Mission, vision and values , accessed on April 22, 2017.
- ↑ PDHJ: PDHJ Statute, Art. 2
- ↑ a b PDHJ: PDHJ Statute, Art. 24
- ↑ PDHJ: PDHJ Statute, Art. 23
- ↑ PDHJ: PDHJ Statute, Art. 25
- ↑ PDHJ: PDHJ Statute, Art. 26
- ↑ Constitution of East Timor (English)
- ↑ Facebook presence of the FirstLady East Timors: SE Primeira-Dama hala'o enkontru ho Dr. Silveiro Pinto , accessed April 22, 2017.
- ↑ Kla'ak: Kazu Jose Luis Guterres Hahu Hosi Ne'ebé? , May 1, 2008 , accessed May 14, 2020.
- ↑ PDHJ: Meet the Ombudsman and Deputies ( Memento of November 14, 2017 in the Internet Archive ), accessed on April 22, 2017.
- ↑ ASP: Parlamento timorense elege primeira mulher Provedora de Direitos Humanos e Justiça , November 5, 2018 , accessed on November 8, 2018.
- ↑ PDHJ: PPN Husu Provedores Adjuntos Eleitu Servi Nasaun Ho Imparsial no Independente , accessed on March 18, 2019.
- ↑ Jornal da República : Decisão nº 1868/2016 / CFP , accessed on May 13, 2017.
- ↑ PDHJ: Organizational Structure , accessed on May 3, 2017.
- ↑ a b c PDHJ: History , accessed on May 3, 2017.
- ↑ International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights: CHART OF THE STATUS OF NATIONAL INSTITUTIONS August 5, 2016 , accessed April 22, 2017.