TERMS OF REFERENCE
Human Rights Investigation
General Information
Project: Human Rights Capacity building of the Provedoria for Human Rights and Justice (PDHJ)
Title: Investigation
Location: Ombudsman for Human Rights and Justice, Timor-Leste (Dili)
Start Date and Duration: September 2009 – for 5 months
Contract Type: Special Service Agreement (SSA)
The Provedoria for Human Rights and Justice: Timor-Leste National Human Rights Institution
The PDHJ was established through the National Parliament’s Law No. 7/2004 in compliance with the 2002 Constitution of the Democratic Republic of East-Timor stipulating the establishment of an ‘’an independent organ in charge of examining and seeking to settle citizens’ complaints against public bodies, preventing and initiating the whole process to remedy injustice”. The PDHJ is an independent national human rights institution which has a mandate to cover human rights, good governance / maladministration and anti-corruption matters.
The Provedor was elected by Parliament in March 2005. He was sworn in by Parliament in June 2005 and the PDHJ started effectively functioning in March 2006.
Functions and Powers
The nature of the PDHJ’s operations is set out in Article 5 of the establishing statute, according to which the Office shall operate as an independent statutory body and shall not be subject to the direction, control or influence of any person or authority and have the power to review complaints, conduct investigations and forward to the competent organs the recommendations deemed appropriate to prevent or redress illegality or injustice.
The purpose of the PDHJ is protect and promote human rights and fundamental freedoms of natural and legal persons throughout the national territory and prevent maladministration and to combat corruption and influence peddling[1]. The PDHJ serves therefore three different but linked mandates, namely as the NHRI of Timor-Leste, the Ombudsman and the Anti-Corruption Institution. It discharges its legislative mandate and objectives through a one-head elected chief - Ombudsman - which is supported by two appointed Deputies and institutional staff. Within its three areas, it discharges its mandate within a three activities-approach: education and promotion, prevention or monitoring and investigation (based on complaints or based on its own initiative).
The PDHJ has a broad human rights mandate. It deals with cases of human rights violations, complaints, education and promotion, monitoring and generally integrating human rights into legislation and practices of Timor-Leste. The competencies, powers and duties of the Provedor are set out in Chapter IV of the Statute. The PDHJ has the powers to receive complaints; investigate and inquire into matters under his or her competence; decide not to take any further action on, or dismiss, complaints brought before him/her; compel witnesses; have access to any facilities, premises, documents, equipment, goods or information for inspection and interrogate any person to whom the complaint relates somehow; to visit any place of detention, treatment or care in order to inspect the conditions therein and conduct a confidential interview of the persons in detention; to refer a complaint to a competent jurisdiction or another recourse mechanism; seek leave of the National Parliament to appear before a court, arbitration tribunal or an administrative enquiry commission; act as a mediator or conciliator; make recommendations for redress in complaints brought before him or her, notably by proposing remedies and reparations; provide advice including opinions, proposals and recommendations for the purpose of improving respect for human rights and good governance by the entities within his or her jurisdiction; report to the National Parliament in relation to the findings of an investigation or in relation to his or her recommendations.
Around 60% of total complaints made to the PDHJ relate to its human rights mandate. Since 2005, the PDHJ has received 213 complaints on human rights violation allegations.[2] Out of the 213 complaints, 88 cases were open for investigation. The vast majority – around 75% - of cases of human rights violations being investigated relate to excessive use of force by security forces (police and military). The remaining cases relate to right to demonstration, discrimination, right to freedom of expression and freedom of opinion and religion.
Structure
PDHJ’s structure is currently based on its three areas of intervention: Anti-Corruption Division[3], Good Governance Division and Human Rights Division. Each of these units is operationally independent, and each has their own staff under the supervision of a Division Director. In addition there is a Public Assistance Division, which manages complaints, and an Administration and Finance Division. In September 2007, the PDHJ established a temporary voluntary advisory council in order to ensure greater pluralism and representation.
Four regional offices have been recently established in the first semester of 2009. .
Current Government plans on establishing an Anti-Corruption Commission has lead to discussions on the possible exclusion of PDHJ’s mandate in the area of anti-corruption.
Status of compliance with the
The PDHJ has become a member of the Asia Pacific Forum of NHRIs in 2006. In 2008, PDHJ was accredited to APF. The PDHJ has recently been granted accreditation to the International Coordinating Committee of NHRIs (ICC) in 2008.
UNDP/OHCHR Human Rights Capacity Building Project
UNDP, with OHCHR and the PDHJ as partners, has established a project that will support institutional capacity building of the PDHJ to ensure its effectiveness in developing and implementing programmes in accordance with its mandate. The project is a comprehensive and long-term capacity building effort, extending support to both substantive/technical and operational functions of the PDHJ. Project activities are carried out in close coordination with all stakeholders to the project, under the guidance of the Project Steering Committee.
Capacity building activities, which include training, mentoring, study tours, development of materials and internal system, are long-term and integrated into daily tasks of the PDHJ. Based on current capacity needs, PDHJ has requested that mentors be stationed with key departments so as to provide daily assistance to relevant staff and activities.
During the first semester of 2009, UNDP entered into an agreement with a civilian police oversight institution for the secondment of an investigator to provide mentoring support to the investigation department. The focus of the mentoring support during the first semester was to strengthen case management skills and to improve investigation skills (including analysis and reporting) especially in cases related to alleged excessive use of force by security forces. For the second semester, the Project and PDHJ have identified the need to focus on outsdanding capacity gaps as per investigation capacity development progress reports and assessments, including the provision of specific mentoring support on analysis of application of specific human rights standards.
************
Role Description:
The investigator mentor will be placed in the Investigation Department of the Human Rights Division of the PDHJ and is directly supervised by the Project Manager. This department is composed of 6 staff, including a Department Chief. Investigators are involved in every stage of the investigation after the complaint is received (from preliminary assessment, investigation, report writing to following up on recommendations of concluded cases).
The objective of this position is to provide “on-the-job training”. The investigator mentor will not undertake line functions and s/he will not be involved directly in investigating cases of the PDHJ, preparing interviews or hearings or writing any investigation reports. S/he will, however, accompany the staff, when warranted, to observe their work on the ground so as to help building their practical skills.
Under the direct supervision of the Project Manager, the mentor is expected to assume the following responsibilities:
- Provide daily on-the-job assistance to DI’s staff in the delivery of their tasks, including through coaching staff in investigation fact-finding trips, interviews and hearings;
- Provide technical advise on investigation of human rights violation based on good practice mentoring methodologies as guided by Project Manager;
- Provide capacity development support for the drafting process of investigation reports, including through discussion sessions, comments to draft reports, etc ;
- Develop, in consultation with DI staff, outstanding forms and formats to be used in the investigation as per needs identified with staff and Project Management;
- Assist in strengthening the DI Chief’s capacity to manage the staff and the case database;
- Provide counselling so as to assist staff to analyse information collected through investigation activities as they relate to national and international human rights standards and their application to specific cases;
- Develop written materials (such as factsheets, manuals, procedural diagrams, etc) to be used as tools for ensuring sustainability of the mentoring support;
- Ensure that the mentoring support provided meet the needs of the staff, internal procedure mechanisms, institutional reality of the PDHJ and the legal framework of the country;
- Undertake regular analysis of the capacity development progress based on the templates and guidance of the Project Manager;
- Participate in Project training activities and provide support needed as identified by Project Manager;
- Consult with, and brief the UNDP project manager on the mentoring support provided, including writing of short monthly reports on mentoring activities as per template;
Competencies
· Demonstrated excellent written and oral communication skills;
· Excellent interpersonal, intercultural and networking with a demonstrated ability to build and maintain professional relationships;
· Cross-cultural experience and sensitivity;
· Commitment to the principle of independence and confidentiality of the PDHJ;
· Ability to work effectively under pressure
Required Skills and Experience
· An advance degree in political science, law, human rights, development studies, international relations or other related areas; a master’s degree an advantage;
· A minimum of 5 years of professional experience in the field of human rights, especially in the area of investigation of human rights violations;
· Direct experience with a NHRI an asset;
· Expert knowledge of human rights standards;
· Demonstrated experience with investigation of human rights violations;
· Interpersonal and communication skills;
· Direct experience in capacity building, such as coaching, mentoring, training and others;
· Familiarity with the human rights situation in Timor-Leste a clear advantage;
· Excellent command of written and spoken English is a prerequisite, knowledge of Tetum
or Bahasa Indonesian is an asset.
Vacancies Contact
Please submit your applications letter together with: Curriculum vitae, financial proposal* ; P11 forms on line by accessing this link: http://jobs.undp.org/cj_view_job.cfm?job_id=11818
*Financial proposal should include cost of the cheapest airfare on economy class from place of departure to Dili and return. Reimbursement of airfare will be paid on actual cost incurred.
The deadline for submitting applications is 21 August 2009
[1] A new Law which is coming into force in August 2009 will exclude the anti-corruption mandate of the PDHJ.
[2] The PDHJ only opened its doors in 2006, but it has received some complaints even before the Provedor was appointed by the Parliament, but after the PDHJ Law came into force.
[3] The PDHJ is currently developing a plan to adapt its structure to the recent amendment to its Law which brings the exclusion of the anti-corruption mandate.
Posts
