A/HRC/42/37/Add.2
81.
Culturally appropriate dialogue to increase awareness of international and
national legal standards is essential. In this regard, the Special Rapporteur notes that
formal and customary justice systems will benefit from constructive dialogue to
overcome their respective shortcomings and gain knowledge of procedures and best
practices in both systems.
82.
In order to increase and entrench women’s rights, coordination should be
strengthened between the formal and customary justice systems. Measures should be
adopted to seek the support of traditional Elders and to encourage the active
participation of women at the aldeia and suco levels.
83.
Consideration should be given to lessons learned from how customary practices
were incorporated into transitional justice measures by the Commission on Reception,
Truth and Reconciliation through the concept of nahe biti.
84.
The Special Rapporteur welcomes the measures announced by the Timor-Leste
Government to develop a hybrid justice system inclusive of cultural traditions, and its
intention to undertake participatory consultations with communities across the
country on how the formal and customary justice systems can harmonize their
coexistence and strengthen their contribution to ensuring access to justice for all. She
looks forward to continuing her engagement with the Government through technical
assistance on this matter. Ensuring justice for all is a key objective of Sustainable
Development Goal 16 and the Special Rapporteur hopes Timor-Leste will provide
important lessons for other countries.
Land, territories and resources
85.
To prevent further disputes or conflicts in relation to land, the Special
Rapporteur recommends that the Government temporarily suspend and review the
implementation of its National Cadastral System. It is essential to conduct culturally
appropriate and good-faith dialogue and consultations with communities prior to
undertaking land registration.
86.
The Government should protect the traditional ownership of the Timorese to
their lands and prioritize the adoption of the laws complementary to the Land Law.
The Timorese, especially affected local communities, should be consulted in the
drafting of such laws; their rights under the United Nations Declaration on the Rights
of Indigenous Peoples, notably to free prior and informed consent, should be duly
respected and protected by the future laws and the implementation of land
registration.
87.
Individual land claims as well as community land claims should both be
guaranteed in the land registration process. Specific measures should be adopted to
ensure the equal right of women to own property. The specific needs of vulnerable
groups such as the elderly, widows, persons with disabilities and orphans should be
considered.
88.
On any project that directly or indirectly impacts the lives, lands, territories
and resources of local communities, the Government should ensure: (a) that the free,
prior and informed consent of the communities affected will be obtained; (b)
transparency, including making information readily available to the public; (c)
guaranteed plans for mitigation and prevention of environmental impacts; (d) proper
relocation in case of forced displacements; (e) the inclusion of clear mechanisms for
redress.
89.
Any measures and legislation on evictions should be fully in line with
international human rights obligations.
Conservation and climate change
90.
The Special Rapporteur commends the Government for its positive recognition
of customary practices for natural resource management. She encourages the
Government and international donors, at the request of and in consultation with local
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