Timor Leste CEDAW Specific Report on Education and Health Sectors

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- Be a role model of personal integrity, authenticity and honesty, always seeking tocontribute towards the good reputation of the civil service through exemplary 8489. The education system is liable to inspection according to the Article 45 of the Bases d (Fundamental Law for Education). 85 The organic law of theMinistry of Education established by the decree N°. 2/2008 from January 2008 set up aGeneral Inspection mechanism for education. 8690. -Geral da office of the InspectorGeneral for Education, is to prepare cases for judgment and disciplinary action againststaff members of the education system. It is also in charge of receiving, processing andanswering any request or complaint from any citizen. 87 Regional inspectors are in chargeof handling and investigating requested disciplinary action by any citizen, or determinedby a superior in the hierarchy. 8891. During the last 2 years, 2010-11, 46 cases of violence in schools were reported to theInspector General. 36 of them were of corporal violence and 10 sexual violence. 8992. The Public Service Commission (PSC) is liable to 90 In addition to the internaldisciplinary action, if the disciplinary infringement is also considered as a criminaloffense, the penal code and penal procedures will be applied and the police willinvestigate the case.93. The scale of disciplinary actions at the disposal of the Public Service Commission isstipulated in the Article 79, modified by Law N. ° 5/2009 from July 2009, which providessix distinct kinds of disciplinary actions according to the seriousness of the infringement:i) Written reprimand; ii) Fine; iii) Suspension; iv) Inactivity; v) Compulsory retirement;and vi) Dismissal. 9194. However, rather than using the disciplinary actions previously mentioned, Transfers, asdetailed in Article 31 of the Public Servant Law, are the preferred means of sanctionapplied by the Public Service Commission to perpetrators of violence in schools. 9284 Code of ethics for the civil service, annex to the public servant law N° 8/2004, May 2004, Dili, <strong>Timor</strong>-<strong>Leste</strong>85 (Fondamental Law for Education), Law N°. 14/2008, October 2008, Dili, <strong>Timor</strong>-<strong>Leste</strong> 86 Orgânica da Inspecção-Geral da Educação, diploma ministerial, May 2008, Dili, <strong>Timor</strong>-<strong>Leste</strong>87 Ibid., Article 3 88 Ibid., Article 989 Summary of cases of violence found in the schools in the territory of <strong>Timor</strong>-<strong>Leste</strong>, 2010-2011, Cabinet of the InspectorGeneral, Ministry of Education, December 2011, Dili, <strong>Timor</strong>-<strong>Leste</strong>90 -<strong>Leste</strong>91 Ibid., Article 7992 Interview of the Inspector General for Education, Elsa Verdial, and the Deputy Inspector General Evaristo Maria de Jesus, atthe Cabinet of the Inspector General, 14th December 201122 | <strong>CEDAW</strong> <strong>Specific</strong> <strong>Report</strong> on Education and Health Sectors <strong>Timor</strong>-<strong>Leste</strong>
95. Despite the sanctions available through the formal system, the majority of the cases aresolved through traditional conflict resolution in the community between the perpetratorand the family of the victim, which Simu maluwhich literally . 20 of the 46 cases in2010-2011 were solved in that way. The last 18 cases were solved within the school bythe district inspection team with the perpetrator and the family of the victim following asimilar process of peace agreement. 93 Only 3 cases were reported to and solved by thepolice, and 5 cases were sent to the PSC tribunal. 9496. The public service law u describes the process for taking disciplinary action against a public servant, and providesa general mechanism for reporting the infraction: investigation, preparation of a completeand concise report which includes the material existence of faults, their qualifications,gravity and a proposed penalty, and then its transmission to the authorizing entity. Theline reporting process has been interpreted by the MoE as follows: after the inspectorateteam investigates the case, their report is then sent to the Superintendant, on to theInspector General, then the Director General of Corporate Services (and optionally to theMinister of Education) who then makes a recommendation to the PSC for action. 9597. It should be noted that this process is undertaken in coordination with the police, but it isonly flagrante delicto that is considered a public crime, and compels thedefendant/perpetrator to be taken into custody and undergo criminal proceedings. 9698. T contains a list of prohibited disciplinary actionsagainst students including corporal punishment, psychological punishment underminingof the dignity of the child, and collective punishment. 9799. Article 30 of the also calls for Moreover, Article 32 is It compels the directors, teachers andeducators in education establishments, whether public or private, to report to a StateProsecutor, Ministry of Social Solidarity and/or National Police any reasonable suspicionof child cruelty or abuse within or outside the school. 98 Finally, Article 43 on calls for any person aware of a child experiencing any significant harm toalert the competent authority, namely the Ministry of Social Solidarity (MSS), policeand/or judiciary services. 9993 Ibid.94 Summary of cases of violence found in the schools in the territory of <strong>Timor</strong>-<strong>Leste</strong>, 2010-2011, Cabinet of the InspectorGeneral, Ministry of Education, December 2011, Dili, <strong>Timor</strong>-<strong>Leste</strong> 95 Interview of the Inspector General for Education, Elsa Verdial, and the Deputy Inspector General Evaristo Maria de Jesus, atthe Cabinet of the Inspector General, 14th December 201196 Ibid. 97 <strong>Timor</strong>- version for public distribution), May 2011, Dili, <strong>Timor</strong>-<strong>Leste</strong>, Pg. 1798 <strong>Timor</strong>- version for public distribution), May 2011, Dili, <strong>Timor</strong>-<strong>Leste</strong>, Pg.1899 Ibid., Pg. 23-24<strong>CEDAW</strong> <strong>Specific</strong> <strong>Report</strong> on Education and Health Sectors <strong>Timor</strong>-<strong>Leste</strong> | 23
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Page 8 and 9: IntroductionThis report is submitte
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Page 18 and 19: through local radio programmes, and
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Timor Leste CEDAW Specific Report on Education and Health Sectors

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