(i) “Mediation” means a process whereby a neutral third person called a ‘mediator’ acts to facilitate
the resolution of a dispute between two or more parties. This informal and non-adversarial process
may be undertaken voluntarily, under a Court order, or subject to an existing contractual
agreement, and is for the purpose of helping the disputing parties reach a mutually acceptable and
voluntary agreement. The mediator has no formal advisory or determinative role in regard to the
content of the dispute or the outcome of its resolution but may advise on or determine the issue in
dispute and assist in exploring settlement alternatives. The decision-making authority rests with the
parties.
(j) “Nepotism” means favouritism based on kinship or any other personal relationship;
(l) “Omission” means a refusal or a failure to act where such duty lawfully exists;
(m) “International Organisation” means an institution formed by way of a formal agreement
among States and comprised of standing bodies that act with autonomy in relation to the Member
States for the pursuit of common interests; it includes the United Nations;
(n) “ Public agencies or entities” include:
(i)
the departments of State and the governmental agencies, including the legislative and
administrative branches of the State, the judicial branch only to the extent of its
administrative actions, the National Police of Timor-Leste referred to as ‘PNTL’, and the
Falintil-Defence Force of Timor-Leste referred to as ‘F-FDTL’;
(ii)
the local government administration;
(iii)
the governmental committees and agencies;
(iv)
State-owned companies;
(v)
companies where the Government owns over 50% of the capital;
(vi)
any other body as prescribed by law;
(o)“Public service or function” refers to a service or function that is normally under the
responsibility or competence of the Government as set out in Article 115 of the Constitution of
Timor-Leste, national laws and international instruments but which can be delegated or contracted
to a private entity;
(p) “Influence Peddling” refers to the practice of soliciting, demanding, charging or accepting, for
one’s benefit or that of a third person, by oneself or through an intermediary, and with one’s
consent or endorsement, an advantage or promise of advantage, in the form or property or
otherwise, to abuse one’s influence, real or presumed, with the aim of illegally obtaining from any
public entity a order, competitive bid award, contract, job, allowance, subsidy, benefit or any other
favourable decision.
Part 2
General Principles
Article 2
Right of Claim
1. All legal and natural persons may lodge a complaint with the Office of the Ombudsman for
Human Rights and Justice.
2. Complaints may be made individually or collectively, including through class actions.
3