3. Disputes that are the object of a complaint may be settled to the satisfaction of the parties
through mediation or conciliation.
Article 3
Scope of Action
1. The Ombudsman for Human Rights and Justice shall exercise his or her functions within the
scope of action of public entities, notably the Government, the PNTL, the Prison Service, and the FFDTL.
2. The action of the Ombudsman for Human Rights and Justice may also focus on the activities of
public or private entities and agencies that, regardless of their origin, fulfil public functions and
services or manage public funds or assets.
3. The Office shall, subject to Article 37.3, investigate all complaints relating, but not limited to acts
or omissions which:
(a)
(b)
(c)
(d)
(e)
are contrary to the law or regulation;
are unreasonable, unfair, oppressive or discriminatory;
are inconsistent with the general course of a public entity or agency’s functions;
proceed from mistake of law or an arbitrary, erroneous or mistaken ascertainment of facts;
are otherwise irregular and devoid of justification.
Article 4
Limits of action
1. The activities of the National Parliament and the Courts performing their legislative and judicial
functions shall not be subject to the investigative and supervising powers of the Ombudsman for
Human Rights and Justice’s, save insofar as their administrative activity as well as the acts that
they perform in supervising the administration, are concerned.
2. The Ombudsman for Human Rights and Justice may however review the constitutionality of
legislative measures in accordance with Sections 150 and 151 of the Constitution of Timor-Leste.
CHAPTER II
Office of the Ombudsman for Human Rights and Justice
Part I
Preliminary provisions
Article 5
Nature
1. 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.
2. The Office shall 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.
4