Association HAK (Association for Law, Human Rights and Justice) Program
Update (January – March 2008)
HAK hopes to increase information exchange about the current situation
in Timor-Leste, especially regarding human rights and our work.
The activities described here developed out of a strategic planning
process we undertook in December 2007. We welcome your comments and look
forward to future collaboration to increase respect for human rights in
Timor-Leste.
Legal and Human Rights Education
One of our priorities for 2008-2010 is training community leaders in
human rights, law and legal procedures. To develop a training program
that corresponds to the real problems of communities and needs of the
village chiefs and community leaders, HAK conducted an assessment of 23
of the 25 neighborhoods in Dili from March 25 through April 1. The
assessment also looked into knowledge of community leaders to resolve
problems within existing legal and human rights frameworks. The village
chiefs expressed a desire to collaborate with HAK and participate in the
training.
Domestic violence is the dominant issue for 23 of the 25 neighborhoods
that took part in the assessment, other frequent problems include land
and inheritance disputes. The village chiefs are also concerned about
the limited resources they receive to carry out their responsibilities.
Many work out of their homes and lack basic equipment such as desks,
chairs and administrative materials. This severely limits their ability
to attend to the needs of the community. They complained that the
quarterly $35 they receive is insufficient. Compared to the resources
allocated to the parliamentarians, village chiefs feel they are
discriminated against despite the fact that they are directly elected by
the population and parliamentarians elected only through their party.
Law and Human Rights Enforcement
HAK, along with the United Nations Human Rights Unit and the
government’s Office of Provedor for Human Rights and Justice set up a
Joint Monitoring Team (JMT) on the Joint Command Operation (KOK)
established by the State of Siege announced on 13 February 2008. The JMT
focused on the districts of Bobonaro, Ermera and Dili. Their objective
was to accompany and observe the Joint Command Operation’s adherence to
law and the security situation in general, including detention
facilities such as police detention cells and prisons, and the treatment
of suspects and prisoners.
The JMT was able to immediately bring situations to the attention of the
competent authorities, such as the commander of Joint Command Operation,
the Provedor’s office, the Prosecutor’s office and the Prime Minister.
The communities, community leaders and victims provided facts on human
rights violations such as KOK threatening the community with weapons,
beatings, illegal detentions, bad treatment and insulting the community
and unauthorized entry into homes during the night. The police and
prison guards also treated prisoners violently. The highest number of
violations occurred in Dili, second highest in Ermera and third in
Maliana. They were committed by the military, military police,
Timor-Leste National Police and International Stabilization Forces.
The State of Siege and Joint Command Operation also affected social and
economic activity, especially in Ermera District. The business community
and small scale entrepreneurs, farmers, general population and students
in isolated areas were most affected. They had to reduce or totally stop
their activities to comply with the limitations established under the
State of Siege. According to the Principal of the Secondary School in
Gleno (Ermera District) students stopped coming to school because they
lived too far or were too afraid.
Some of the data collected by the JMT has already been submitted to the
competent authorities. Right now the data is being analyzed by the JMT
before they submit it to the KOK, prosecutor and government. It will be
developed into a usable document to reinforce advocacy efforts,
especially to push for concrete measures that reinforce the law and
regulations for any future operations.
Upholding Justice
As part of a consultation with families of victims about HAK, along with
Fokupers, International Commission for Transitional Justice (ICTJ), the
Baucau Commission for Justice and Peace, the Technical Secretariat of
the Post-Commission on Reception, Truth and Reconciliation (STP-CAVR)
and the United Nations Integrated Mission in Timor-Leste (UNMIT), held a
workshop in Dili on 26 and 27 May 2008. The President of the Parliament,
Members of Parliament from Commission A, governmental representatives
from the health, justice and education ministries, international and
national NGO representatives, the International Commission of the Red
Cross (ICRC), the Red Cross of Timor-Leste (CVTL) and the Provodor for
Human Rights and Justice participated in the workshop. The workshop had
an advocacy elementto influence the government and parliament to
advance a national reparations program as recommended by the CAVR report
Chega. Chega has not been implemented since its release in October 2005.
Only now the national parliament is beginning to consider it. The focus
of the national reparations program is supporting and rehabilitating the
most vulnerable of the victims with assistance to single mothers and
school children without fathers, assistance for invalids, widows and
victims of sexual violations and torture, as well as giving aid to the
most effected communities.
HAK Association, Fokupers, the Baucau Peace and Justice Commission, STP-CAVR,
and ICTJ conducted the consultation on reparations with victims in 13
districts from 29 March until 24 May 2008. The consultation served to
unite civil society with the victims in their approach to reparations.
The organizations involved split into three groups of four people with
each focused on one region (east, central and west) of the country. The
objective of the consultations was to increase information about
reparations, to listen to opinions about reparations for victims, and to
discuss victims’ networking. According to HAK, victims and their
families participated in the consultations in large numbers. In each of
the 13 districts 20 – 35 people participated in the gatherings. Although
the victims demonstrated their commitment through their participation,
they still appealed for justice. Before when the discussion focused on
reconciliation, they also talked about justice; but if there is no
justice, the victims do not favor reconciliation, rather they prefer
reparations.
Peace Building Programme
From March 14 to April 25, 2008, HAK worked with the Peace Building
Network of Action Asia to send 17 members and leaders of Timorese
martial arts groups to the Philippines for an education and training
program on conflict transformation and peace building. The objective is
to establish a sustainable peace building network among the leadership
and members of national youth organizations in Timor-Leste, as agents of
change and responsive citizens, knowledgeable and proficient in the
study and analysis of conflict and violence. Our aim is for them, both
now and in the future, to be able to identify strategies and intervene
as peacemakers among the people and for the nation; to develop trust
among the leaders of national youth organizations, civil society and
NGOs in Timor-Leste to create space for students/participants to develop
their own network and identify strategic activities.
During the training in the Philippines, the delegation learned about the
history of the country, primarily by visiting historical sites where
People Power led to the nonviolent overthrow of Dictator Ferdinand
Marcos in 1986. They visited the historic National Ayala Museum in
Manila to learn about the evolution in people’s lives from primitive to
modern times, and the national monument to Jose Rizal, Philippine hero
in the struggle against Spanish colonialism who was sentenced to death.
The delegation learned from the experiences of prisoners in the National
Bilibid Prison where they had a dialogue with members of the Peace
Building Group in the prison, a group formed among inmates after they
attended peace training. The prisoners repented their violent behavior
of the past and rejected it for their future. The delegation studied the
experiences of different organizations, including AKKAPKA, a social
change organization that engages in nonviolent campaigning, they
exchanged experiences and learned how to conduct negotiations from Balay
Mindanao Foundation who partners with the Philippine government in the
dialogue process with rebel groups, and they learned about the situation
of victims of conflict and violence from a community in Lanao Province.
They visited a military camp where they dialogued with military
officials leading the dialogue process for peace.
Along with the many experiences in the Philippines, HAK facilitated a
seminar on “Conflict, Human Rights, and Peace Building in Timor-Leste”
to conclude the Philippine visit, and to support the leaders of the
martial arts groups to get organized. The seminar provided a bridge for
the Timorese to reflect on the upcoming commemoration of the restoration
of Timor-Leste’s independence. After the seminar, many entitiesnot just
the martial arts groupsparticipated in a peace march to nurture a
spirit of building peace for this dear country, Timor-Leste.
For more information please contact: Antonio Maria Soares at direito@yayasanhak.minihub.org
Association HAK (Association for Law, Human Rights and
Justice)
Rua Governador Serpa Rosa T-091, Farol, Dili, Timor-Leste
Tel. +670-331-3323
Email: direito@yayasanhak.minihub.org