A/HRC/42/37/Add.2
children attend and complete schooling. The Special Rapporteur recommends that the
Government strengthen resources for implementation of this programme.
75.
The Government of Timor-Leste has made commitments to the rights of persons
with disabilities. The Constitution, in section 16, prohibits discrimination based on
disability while section 21 specifically guarantees equal rights and responsibilities of
persons with disabilities. The importance of addressing the rights of persons with
disabilities is recognized in the Strategic Development Plan 2011–2030, the National Policy
for Inclusion and Promotion of the Rights of People with Disabilities of 2012 and the
Inclusive Education Policy of 2017, among others. Despite these commitments, key
challenges persist. Persons with disabilities who met with the Special Rapporteur noted a
lack of appropriate policies and services, especially in rural areas. They stated that they feel
invisible as their situation is not adequately recorded in statistics, nor are they adequately
addressed by government policies on education, health and access to justice. Global
evidence shows that investing in disability brings benefits to all. The Special Rapporteur
calls on the Government to ratify the Convention on the Rights of Persons with Disabilities
and strengthen efforts to increase the accuracy of data and the integration of disability in
legislation, planning and budgeting.
76.
In order to support traditional livelihoods and protect cultural heritage, the Special
Rapporteur notes the importance that consultations be undertaken with women weavers in
order to promote the protection of the designs of indigenous textiles (tais).
V. Conclusions and recommendations
A.
Conclusions
77.
The Special Rapporteur observes that Timorese indigenous cultures and
languages are particularly diverse and have been retained throughout colonization
and occupation. The vast majority of the population shares indigenous values and
spiritual beliefs which are reflected in strong local institutions, the customary justice
system and communal land management. Indigenous practices have translated into
important gains in environmental protection and biodiversity that can serve as
inspiring examples for other countries. Further harmonization between the formal
and customary justice systems is important to strengthen access to justice for all.
Timor-Leste has made strong commitments to human rights standards and national
rights-based development policies; however, additional resource allocations are
required to ensure their effective implementation and monitoring, notably in the areas
of education, health and nutrition.
B.
Recommendations
78.
The Special Rapporteur makes the following recommendations.
Formal and customary justice
79.
In order to increase the capacity of the formal justice system, the Special
Rapporteur urges the Government to strengthen the training of legal professionals
and increase resource allocation and institutional presence across the country. An
assessment should be undertaken to inform the continuation of the mobile court
system as an interim measure. Measures should be taken to train interpreters in local
mother-tongue languages to ensure that the legal process is understood and accessible
in rural areas.
80.
The Special Rapporteur recalls that the United Nations Declaration on the
Rights of Indigenous Peoples, in articles 5 and 34, affirms the right to maintain and
strengthen indigenous legal institutions and juridical systems or customs, with the
caveat that these should be in accordance with international human rights standards.
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