UNDP Strengthening the Justice System in Timor-Leste Programme

The Project

The first project for the justice system was launched in July 2003, in close collaboration with the Ministry of Justice, the Judiciary, and the Office of the Prosecutor-General. The purpose was to improve the judicial system through a balanced sequence of support measure to the Courts, the Prosecution and the Justice Ministry, (including the Legal Training Centre (LTC), Public Defenders Office (PDO) and the Prison sector). The steering committee for the project was formed at a high level, and comprised of the Minister of Justice, the Chief Justice and the General Prosecutor. After a review in 2005 a new project document was developed: "Strengthening the Justice System in Timor Leste Programme" It is essentially a capacity development effort to improve the institutional and human resources capacity of the Courts, the Prosecution and Ministry of Justice, with the purpose of providing access to justice, upholding the rule of law and protecting human rights. The programme is a multi-donor programme funded by Australia, Belgium, Brazil, Denmark, Ireland, Norway, Portugal and UNDP.

Interesting Findings

• The evaluation team has concluded that the Programme has made a significant contribution to the strengthening of the justice system. However, overall progress on the achievement of the programme outcomes has been slow, and, as yet, the programme has not made a significant impact on access to justice in Timor-Leste.

• International technical assistance is a key input of the Programme. The impact of such assistance on capacity building, however, has not been consistent. The evaluation team notes that "the best", is often, "the enemy of the good." The programme's strong focus on high standards of professional and technical legal skills for nationals, prior to their deployment as functionaries in the justice system, may lead to prolonged dependence on international personnel, constraining national ownership and self-reliance.

• The strategic decision to establish the Legal Training Centre (LTC) professional training programme has played an important role in strengthening national justice capacity. The appointment of 27 national actors in June 2007 is one of the most significant outputs of the Programme.

• Progress is being made towards achievement of a fully functioning court system. Professional training, including 'on- the job' training and mentoring of trainee judges, was successfully concluded and 11 judges were appointed. The Superior Council of the Judiciary was established and is now operational.

• Limited fluency in Portuguese is a barrier to accessing legal education and professional training. Differences in language capacities, and the limited use of Tetum within the justice system, are: creating barriers to entering the legal profession; hindering the effective functioning of the justice system; undermining due process and, ultimately, limiting access to justice.

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