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.

UN Compilation:
Para 27) The Special Rapporteur noted that, in terms of access to justice and compliance with human rights standards, there were shortcomings in both the formal justice system and the customary justice system. In the customary justice system, hearings were commonly conducted in public, which was clearly unsuitable for crimes relating to emotionally vulnerable victims of domestic violence and child abuse. Some customary justice practices might entail physical punishments, in contravention of international human rights law.
Para 30) … the Committee [against Torture] expressed concern about the absence of any concerted efforts to bring to justice those responsible for the killing or disappearance of an estimated 18,600 people and the more than 11,000 allegations of torture and over 1,000 allegations of sexual violence, including rape and sexual slavery, documented by the Commission for Reception, Truth and Reconciliation.

Stakeholder Summary:
Para 64) JAI … also noted that Timor-Leste had responded to recent criticisms of de facto discrimination against women by affirming its ongoing commitment to ending gender discrimination, promulgating laws to require female representation at the local government level, and approving a new National Action Plan on Gender-based Violence aimed at preventing violence and increasing women’s access to support services and the justice system.
Para 65) AI noted that reports of gender based violence remained high in Timor-Leste, with the last reliable data source being a baseline survey (2015) showing that 59 per cent of women experienced some physical or sexual violence. Accessing justice through the courts system, judicial officers providing lenient sentences and a lack of suitable remedies were cited as ongoing and systemic challenges.

"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 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.