UPR Sexual Rights Database

National Report:
Para 22) Timor-Leste acknowledges that it has not yet ratified the CRPD, however now it is making preparations for the ratification process. The Ministry of Social Solidarity and Inclusion (MSSI), Ministry of Justice (MoJ) and the Ministry of Foreign Affairs and Cooperation (MFAC) has established a team to make preparations for ratification.

National Report:
Para 67) The Government has taken all steps to establish the principle of equality without discrimination and equal treatment for all people, to ensure that women and men have the same rights to immovable property, to protect and promote the right to equality in all circumstances. The provisions on equality are set out in Law No. 3/2017 Against Human Trafficking, Law No. 12/2016 on the Creation of a Contributory Regime for Security Social and Law No. 13/2017 Special Regime on the Definition of Ownership of Real Estate.

UN Compilation:
Para 48) The United Nations country team stated that despite advances to protect and promote women’s rights, the integration of women’s human rights into legislation still lacked a systematic and comprehensive approach, rendering many laws gender-blind or noncompliant with international gender commitments. Women were often reluctant to claim their rights, and in cases in which they did, customary norms could guide the process. For example, customary norms in accessing and inheriting land were deeply gendered and did not reflect women’s rights under the new Land Law (2017).

Stakeholder Summary:
Para 10) PDHJ noted that women’s inheritance rights and rights to property and land upon divorce remained an issue, due to the patrilineal systems that dominated in traditional law that ensured in most parts of the country only men inherited/possessed the land and property of the family or couple. Lack of marriage registration in public register also contributed to the perpetuation of the patriarchal system.
Para 28) While noting land disputes were a source of conflict, JS4 highlighted that the lack of transparency and failure to follow legal process made land registration vulnerable to corruption, and resulted in incorrect entries on the land registry. The failure to register collective land title put communities at risk of losing their land and culture, and non-implementation of anti-discrimination measures in the law could further entrench gender and other forms of discrimination.

"National Report:
Para 12) To guarantee effective and adequate protection for the implementation of the law against domestic violence, the State, through the Ministry of Social Solidarity has managed to implement programs such as the establishment of a protection network for victims of domestic violence and gender based violence in 13 municipalities, has increased the capacity of the national network of support centers to provide direct assistance to shelters through training on operational procedures, has reintegrated victims in the community after they have left shelters, has provided psycho-social support to victims and public awareness raising and the implementation of operational procedures for the referral networks, management of cases on a database which is based on monitoring activities

Para 20) Timor-Leste also has the following action plans: national action plan on gender based violence and a national action plan for zero hunger and also other draft action plans such as an action plan on women, peace and security and a draft action plan on persons with disabilities.

Para 43) Timor-Leste guarantees effective and adequate protection through the implementation of the law against domestic violence, and the State, through the MSS, has managed to implement programs such as a protection network for victims of domestic violence and gender based violence in 12 municipalities as well as the Special Administrative Region of Oecusse, and has increased the capacity of the national network of support centers to provide direct assistance to shelters through training based on operational standards, has reintegrated victims in communities after they have left shelters, has supported the psycho-social needs of victim and raised public awareness and implemented operational standards to the referral networks, and has provided case management case through a database based on monitoring activities (Recommendations 77.20–77.25).

Para 44) The State of Timor-Leste is undertaking many efforts in order to combat domestic violence through the Law Against Domestic Violence and a National Action Plan for GBV and the Government will continue to strive to ensure the effectiveness of implementing this law at the national level and international level through multi-sectoral coordination. There has also been public awareness raising through the SEM and a partnership with civil society at the national level as well as in rural areas through a range of measures, such as: Training/Seminars, interaction through Radio Television TL, Community Radio, publishing public opinions in the newspapers, brochures, magazines, pamphlets and billboards (Recommendation 78.11).

Para 45) After the LADV was approved, many cases of DV have been dealt with in accordance with the applicable law in Timor-Leste and sanctions have been imposed for crimes committed, and therefore there has been a significant change since the law was approved, namely a reduction in the number of DV cases which shows that the citizens in our country, namely women, children and men are starting to know their fundamental rights and that domestic violence is a crime and not a private matter. We have confidence that the judicial actors will continue to pay attention to the seriousness of these cases because all families in Timor-Leste need to foster non-violence or zero tolerance and therefore all families need positive action to participle in national development even though many women are economically dependent on men, so we need to create the conditions and guarantee opportunities to empower them in the domestic and public spheres.

UN Compilation:
Para 13) The CEDAW welcomed the adoption of the Law against Domestic Violence (No. 7/2010), which criminalized domestic violence, including sexual violence, “even within a marriage”. The Committee was, however, concerned about the absence of legal provisions specifically criminalizing marital rape and qualifying rape as a serious crime

Para 14) The country team noted that a government evaluation of the 2012-2014 National Action Plan on Gender-Based Violence had revealed that the budget allocation was limited and that there was insufficient interministerial coordination on implementing and monitoring the Law against Domestic Violence.

Para 30) The CEDAW noted that the Governments of Indonesia and Timor-Leste were working together to establish a survivor healing programme, particularly for survivors of rape, sexual slavery and other forms of sexual violence committed during the Indonesian occupation in 1999. The Committee was, however, concerned that survivors of that sexual violence continued to experience social stigma and ostracism, and had limited access to medical, psychological, reproductive and mental health services and treatment

Para 70) The Committee welcomed the zero-tolerance policy initiated by the Ministry of Education in 2011 against malpractice in the education sector, covering sexual violence, corporal punishment and other forms of violence in schools, but it regretted that the policy had not been effectively implemented. It was concerned that the sanctions for sexual harassment and abuse in schools were lenient and that teachers who were perpetrators of sexual violence were merely transferred to other schools

Stakeholder Summary:
Para 29) Cultural Survival (CS) noted that despite the Law against Domestic Violence and the National Action Plan on Domestic Violence, the Government had failed to implement necessary service and protection for indigenous women and girls. AI expressed similar concern that the Law against Domestic Violence did not adequately meet the standards of the Convention on the Elimination of All Forms of Discrimination Against Women"

National Report:
Para 70) Legislation in Timor-Leste gives priority to women to participate in political life, therefore there is a special quota for women. The Law on Election to the National Parliament states that the effective and supplementary list of candidates must include at least one woman in every three persons.
Para 71) Law No. 9/2016 on Community Leaders states that the presentation of candidacies for Village Chief and Sub-Village Chief must contain at least one woman and the village council shall comprise one female delegate and one female youth representative, and this law also states that there must be one woman in the electoral team.
Para 72) The participation of women in political life in Timor-Leste continues to change, and in 2017 during the Parliamentary Elections there were 26 female members of the National Parliament, and women were elected as secretary of the chair, and first vice secretary and two deputies.
Para 73) After the General Parliamentary Elections in 2017, in 2018 Timor-Leste held early elections and 22 females were elected as members of the National Parliament and one woman was elected as First Vice-President of the National Parliament, First Secretary to the Chair of the National Parliament and two women as Committee Presidents.
Para 74) Also, in each successive government there has been an increase in women’s participation at the executive level, namely assuming positions as members of government, whereby in the eighth government from 2018-2023 there were seven female members of Government, three Ministers, one Vice Prime Minister, three Vice-Ministers, and one Secretary of State.
Para 75) Women’s participation is not just at the national level but also at the village level, with each successive period showing a significant change in women’s involvement, as 319 women nominated themselves as candidates for Village Chief in 2016 and 21 of them were elected as Village Chief.
Para 76) The State maintained the Dili Declaration to empower women’s economic autonomy, through entrepreneurship, or creation of work for themselves as an essential factor in achieving the sustainable development goals and targets of the 2030 Agenda, especially in reducing poverty through the allocation of a gender sensitive State budget each year. The State continues to develop all efforts to reform and uphold women’s economic rights and equal access to economic resources, so they can have access to property and to promote full employment and dignified work. Starting in 2019 the Secretary of State for Equality and Inclusion (SEI) implemented an economic development program for women to provide support to women’s groups though the public transfers of funds, and 106 women’s groups received publicly transferred funds between 2019-2020. The SEI has continued to promote women’s participation through training and capacity building in important areas such as leadership, management, accountability and finance, and also has created training centres in all municipalities.

UN Compilation:
Para 51) The United Nations country team noted that in the 2017 elections, 49 per cent of voters had been women. In 2020, women had held 38 per cent of National Parliament seats, above the regional average (19 per cent) and the global average (26 per cent). However, women were still underrepresented in other key decision-making positions.
Para 52) It also noted that there had been an increase in women’s participation in the formal labour force but that gender disparities remained. Despite the fact that by 2019, 45.7 per cent of the total labour force had constituted women, there was a gender pay gap of 16 per cent in formal employment.