Timor leste

Key Results

Through its partnership with the Women Jurists Association of Timor-Leste (AFJTL), UNDP strengthened community-based mechanisms for alternative dispute resolutions. Fourteen young women lawyers from AFJTL improved their skills for community interaction through training which helped to ensure that community-based informal justice practices are consistent with human rights and gender sensitive. Seven of those trained established a paralegal network to promote community-based alternative dispute resolution. Almost 200 community leaders (28 percent women) benefitted from training sessions delivered through the network.

UNDP’s support enabled over 30 awareness-raising sessions in nine villages, including for community-based groups of women and youth, as well as sessions in schools. Over 700 people participated in the sessions, 43 percent were women, 12 of the participants were persons with disabilities and seven individuals who identified themselves as transgender persons.

UNDP enhanced the capacity of the Land and Property Commission and leveraged its position among national stakeholders to ensure the effective resolution of land disputes, in line with a human rights-based approach.

Since its independence was gained in 2002, Timor-Leste has undergone dramatic changes. Its justice system continues to face serious challenges, such as limited institutional capacity and lack of access to formal justice mechanisms. Only 35 judges and 35 public defenders are available nationwide to provide legal aid and access to justice for 1.3 million people, many of whom have economic constraints and live in areas where public transport is either too expensive or unavailable. In addition, since formal legal procedures are lengthy and often unclear, most disputes are resolved through community-based informal mechanisms.  

Tailoring its interventions to the local context, UNDP implemented a project to strengthen alternative dispute resolution to increase access to justice, with a focus on women and excluded groups. The project was funded through UNDP’s Global Programme for Strengthening the Rule of Law, Human Rights, Justice and Security for Sustainable Peace and Development (the Global Programme). Two key partnerships defined the project’s success: with the Women Jurists Association of Timor-Leste (AFJTL) and the recently established Land and Property Commission.

INFORMAL JUSTICE MECHANISMS

With UNDP’s support, the AFJTL enhanced its internal capacity by training 14 young women legal professionals to better adapt their skills for community interaction and to ensure that community-based informal justice practices are consistent with human rights and are gender sensitive. Seven of those who received training established a paralegal network to promote community-based alternative dispute resolution (ADR). As ADR officers, they worked in seven municipalities (Ainaro, Baucau, Liquica, Manatuto, Manufahi, Oecusse and Viquque) to capacitate community leaders, raise awareness and monitor informal justice practices. Since all the AFJTL paralegals are members of local communities, they built effective collaboration with community leaders which enabled their effective work.

Capacity building delivered by the ADR officers benefited 193 community leaders (28 percent women). Over 80 percent of them improved their mediation skills and increased their knowledge on gender equality. Over 30 awareness-raising sessions were held in nine villages, including for community-based groups of women and youth, as well as sessions in schools. Over 700 people participated in the sessions, 43 percent were women, and the participants included 12 persons with disabilities and seven individuals who identified themselves as transgender persons.

INSTITUTION-BUILDING

UNDP worked with the Land and Property Commission (LPC) mandated to resolve land disputes. Standard Operating Procedures (SOPs) and a Code of Ethics were developed for the LPC members to ensure the Commission operates in line with domestic legislation and international standards, and is accountable and accessible at the national and sub-national levels. Non-discrimination aspects were included in both documents to ensure the inclusion of marginalized groups. To introduce these two guiding tools, a two-day training session for the LPC members was organized which covered the administrative procedure and their role as decision-makers in land disputes.  

To further capacitate the LPC members and to promote South-South cooperation, UNDP facilitated a knowledge exchange with Malaysian  ADR institutions, specifically, with the Asian International Arbitration Centre. The exchange emphasized the significance of informing parties involved in disputes about their rights, confidentiality, mediation rules and people-centred services. 

With UNDP support, the LPC hosted a high-level national seminar on Promoting Fair Land Dispute Resolution: the Land and Property Commission to foster open discussions about its mandate and significance within Timorese society. Over 100 people attended the event, including the Minister of Justice, a judge of the Court of Appeal and the Ombudsperson. This event served as a platform to promote the LPC and broaden its opportunities for institutional development and collaboration with other national stakeholders to advance equality and empower marginalized groups to access justice and exercise their rights.

The national seminar was followed by a smaller advocacy event held jointly with the AFJTL for over 60 community leaders (almost 40 percent women) to help them understand the LPC mandate and enhance the referral mechanisms for land disputes. 

Finally, UNDP procured five motorbikes, five filing cabinets, and a camera for the LPC to strengthen their case management system, improve the party notification process and promote the sustainable development of the institution.

Lessons learned and good practices

The close connection between the paralegals and their home communities enabled UNDP to strengthen community-based justice mechanisms, collaborate with community leaders and monitor the mediation practices which are usually private. 

To measure knowledge gains after trainings, pre- and post-tests and surveys were disseminated in both oral and written formats. The oral format was a specific adaptation due to literacy limitations in isolated areas and ensured that accurate data was collected on the impact of the community engagement despite low literacy levels.

The comparative study conducted with Malaysian ADR institutions allowed the LPC to adopt different interpretations and practices that will facilitate the implementation of their services. 

The project has benefited from the expertise and capacities of its partners, particularly the engagement with a Timor-Leste-based law firm. Possessing an in-depth understanding of the local legal context, the company shared its analysis of the intricacies of land disputes to identify the best strategy for the LPC and develop tailored solutions for effective land dispute resolution. This cooperation may serve as a model for similar projects to ensure private sector engagement in the promotion of access to justice and a human rights-based approach to development.