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MEMORANDUM OF UNDERSTANDING BETWEEN THE OMBUDSMAN OF THE REPUBLIC OF INDONESIA AND THE OMBUDSMAN OF THE TIMOR LESTE ON PROMOTING

THE RIGHTS AND RESOLVING DISPUTES OF OCCURS TO ALIENS LIVING WITHIN TWO JURISDICTIONS

The Ombudsman of the Republic of Indonesia and the Ombudsman of the Timor Leste (hereinafter The Parties), in the spirit of: 1. Actively resolving difficulties and disputes which frequently occur to the aliens of the State Parties living within two jurisdictions; 2. Advancing common interests of the Parties in the light of fulfilling the rights of aliens of the State Parties living within two jurisdictions; 3. Conducting cooperation between Parties, in accordance to the prevailing laws and regulations; Agree as follows: Article 1 OBJECTIVE The objective of this Memorandum of Understanding (hereinafter MOU) is to advance common interest between Parties and establish a system of cooperation aimed to promote and resolve difficulties and disputes, related to employment, education, socio-economic aspects, and issues related to visa application, which frequently occur to aliens of the State Parties living outside their country of nationality.

Article 2 PRINCIPLES (1) Each Party shall carefully consider in handling complaints lodged by aliens of the State Parties of this MOU who are living outside their country of nationality. (2) Each Party shall refer the complaints to relevant agencies, receive decisions of the complaints, and notify those who lodged the complaints regarding the decisions of their complaints. (3) Complaints shall be lodged on form of letters and/or emails. (4) If necessary, with prior consent and coordination with relevant State actors of the respective jurisdiction, each Party could visit business, workers, and multi-cultural families living within the jurisdiction of the other Party and provide counseling and other relevant service. (5) The Parties shall agrees that complaints shall be lodged and decision drawn in the national language where the complaints are lodged. The Parties shall provide assistance for civil petitions exclusively for handling complaints made by aliens of the State Parties. 1

(6) Aliens of the State Parties living outside their country of nationality may request information relating to the status of their complaints and the Parties shall in good faith undertake efforts to respond to the requests.

Article 3 AREAS OF COOPERATIONS (1) The areas of cooperation between the Parties covers: a. Providing civil petition service exclusively for handling complaints made by aliens of the State Parties living outside their country of nationality; b. Exchanging information on complaints-related policies, best practices, and human resource assistance; c. Using precedence of the jurisdiction of the other Party as reference on decisions; d. Facilitating and organizing bilateral workshops and seminars; and e. Other related cooperation. (2) The Parties, in pursuing cooperation with international ombudsman, academic institutions, civil society organizations, and private sectors, actively communicate current status and achievements of collaborative activities to the general public.

Article 4 IMPLEMENTING MECHANISM (1) The Parties will hold high level Ombudsmen policy meetings to evaluate their performance in resolving disputes and difficulties and to discuss other related issues. (2) In order to implement Article 4(1), each Party appoints a liaison officer to facilitate communications and coordination for the purpose of the implementation of the MOU.

Article 5 EXPENSES (1) The Parties will share the expenses of programs, projects, and activities conducted as result of this MOU, and shall discuss the sharing of those expenses prior to conducting any activity relevant to this MOU. (2) The commitment whereas The Parties has been agreed is subject to the availability of fund and other related resources.

Article 6 MISCELLANEOUS (1) Activities resulted from the implementation of the MOU shall be conducted in accordance to the national law where the activities are conducted. (2) The decisions of the respective Ombudsmen are only legally binding on the jurisdiction where the decision is drawn. (3) The Parties are agreed to make steps to prevents the information, obtained from the other Party as result of the implementation of this MOU, to be obtained by any third party without any written consent of the other Party.

Article7 ENTRY INTO EFFECT, DURATION, TERMINATION, AND AMENDMENT This MOU shall entry into effect on signature by both Parties. This MOU shall be effective for three years. The validity of this MOU may be extended for the successive period of three years upon mutual written consent of the Parties. The present MOU may be terminated at any time by each of the Parties, subjects to written notice given six month in advance. Any amendment to the present MOU shall be drawn up in writing.

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