Assessing the justice system
The Independent Comprehensive Needs Assessment (ICNA) is a mission consisting of four judicial and legal experts selected to perform an assessment of the overall justice system of Timor-Leste. The basic purpose of the ICNA is thus to determine the extent to which the country’s justice system is meeting the needs of Timor-Leste and its people. The assessment is also to indicate accomplishments and challenges within that system as well as to identify existing needs and to make recommendations for improvement.
Following the 2006 crisis, the mandate of the ICNA was anticipated in the Report of the Secretary General (S/2006/628), which stated that “the challenges to the justice system [of Timor-Leste] are so considerable and of such critical importance that an independent, comprehensive review and analysis of the justice sector should be undertaken.” More recently, Security Council Resolution 1867 (2009) underscored the “importance of a coordinated approach to the justice sector reform, based on [a] needs assessment.”
At a point, Terms of Reference were prepared by UNMIT and members of the ICNA mission were recruited. Thereafter, the team arrived in Timor-Leste during the first week in August 2009. Although the ICNA was independent in all respects, pursuant to the Terms of Reference UNMIT supplied logistical and other support as requested, including transport and the services of an interpreter.
The work of the assessment mission, however, was subject to a number of constraints. The first related to the recruitment of the team of experts. The terms of reference contemplated that UNMIT would recruit a team of up to five members who would be in Timor-Leste for eight weeks, during which time they would perform the assessment. Only one of the four team members was able to comply with that provision, a fact known to UNMIT at the time of recruitment and prior to deployment. The remaining three team members were recruited although the understanding from the outset was that none of them could be present in Timor for the entire eight week period. Although they performed tasks relating to the assessment and written report from outside Timor-Leste, they were present in-country for time periods varying from four to six weeks.
The second constraint was that there was no Timorese member on the team. Although both the SRSG and the Team Leader were particularly motivated to recruit such a member, no such individual was ultimately designated by UNMIT.
Another constraint was that the team was deployed during August and September, a period that presented numerous challenges to the scheduling of interviews due to the vacation schedules of persons interviewed. Moreover, during a significant portion of the mission’s tenure in Timor-Leste, the local courts were largely inactive, owing to the annual judicial holiday period.
Nonetheless, the team was able to meet with over 140 national and international stakeholders, including Timorese officials, civil society, international agencies, and the donor community. Additionally, team members visited numerous justice system locations throughout the country, including every district court and the Court of Appeal, installations of the Prosecutor General and the PNTL, Becora Prison, several universities, and numerous other public and private facilities.
The team also had the opportunity to meet with a considerable number of national figures such as José Ramos Horta, President of Timor-Leste; Xanana Gusmão, Prime Minister; Fernando Lasama de Araújo, President of the National Parliament; Cláudio Ximenes, President of the Court of Appeals; Lúcia Lobato, Minister of Justice; and Ana Pessoa, Prosecutor-General, all of whom made themselves available and were extremely generous with their time.
On 23 September 2009, the ICNA team hosted a meeting of national and international stakeholders to review both an executive summary of its report and its preliminary recommendations. Those in attendance provided helpful input and thoughtful commentary and their contributions have been considered in the drafting of this final report.