Timor-Leste – 2014 results

The Law against Domestic Violence passed in 2010^[23] made any form of domestic violence a public crime punishable by the formal criminal justice system. The law supplements the provisions in the Timorese Criminal Code which came into force in June 2009 that make domestic violence a public crime^[24] and provisions in the Law on Community Authorities (Decree Law No. 5/2004) that require village chiefs (chefe de sucos) to promote awareness of and prevent domestic violence. The State is obliged to investigate and prosecute crimes of domestic violence whether or not the victim files a complaint. The law defines domestic violence broadly to include physical, mental, economic and sexual mistreatment.^[25] It also provides protection to family members, including spouses and ex-spouses, ascendants/descendants and domestic workers.^[26] Under the law, victims of domestic violence are eligible to receive rehabilitative services, including shelter access, legal representation, medical and psychological assistance, and emergency maintenance provisions. Police officers are obligated to investigate domestic violence cases, refer victims to legal and medical services and keep them informed of the status of their cases.^[27] The law also criminalizes marital rape through provision on sexual violence “even within a marriage”.^[28] To combat the issue of geographic isolation, the Government has instituted mobile courts in four district courts in order to cover Timor-Leste’s 13 districts.^[29]

However, a number of factors have limited the implementation of the law, including lack of access to services; an over-reliance on donor funding; the capacity and legal knowledge of law enforcement officials; and delays in the justice system (for example, in 2012 there were 4,723 cases carried over from the previous years).^[30] Light sentences may also undermine the law: as one study noted that courts often apply suspended sentences in all cases that carry a prison sentence of less than three years.^[31] The government also reports on consultations that have found that many people turn to ‘adat’, (traditional justice) mechanisms to deal with cases of domestic violence with the belief that abusers should not be incarcerated for their wrongful actions, rather undertake community work or be publicly shamed.^[32] Concerns have been raised about women’s access to justice through ‘traditional justice’ mechanisms where women are not normally included in traditional proceedings and where any compensation is given to male members of the victim’s family.^[33] Access to justice is also frustrated by linguistic barriers presented by the formal system. The language of the law and the courts is Portuguese, spoken by less than 10% of the population, making the trial process incomprehensible and intimidating.^[34] In addition, the impact of the period of civil conflict has had the effect of worsening rates of sexual and gender-based violence, including domestic violence, as poverty, displacement, uncertainty and the assertion of ‘traditional’ gender roles exacerbate gender inequalities.^[35]

Nevertheless, the government reports that domestic violence is the most common form of gender-based violence in Timor-Leste, and has largely prevented women in participating actively in all aspects of development.^[36] From September 2009 to January 2010, incidents of domestic violence constituted about 60% of all crimes reported to the police (which may be attributable to the implementation of the Domestic violence law in 2009).^[37]However, this may only represent a fraction of cases, since less that 25% of women who have experienced violence seek help at all, and only 4% go to the police.^[38] The 2009-2010 Demographic Health Survey (DHS)found the 35% of women aged 15-49 have experienced physical violence in their lifetime, with 29% of women experiencing physical violence often or sometimes in the past 12 months.^[39]Of these, among ever-married women, 74% reported that a current husband or partner committed the physical violence against them, while 6% reported that they experienced physical violence by a former husband/partner.^[40] With respect to emotional abuse and control of women within relationships, 31% of ever-married women reported that their husbands insist on knowing where they are at all times and 31% said that their husbands get jealous or angry if they talk to other men.^[41]

Social acceptance of domestic violence also impedes the implementation of the law. 2009-2010 DHS data indicates that violence against women in Timor-Leste is a pervasive problem. The survey found that about 3% of women aged 15-49 have experienced sexual violence.^[42] In 2012 the government conceded that the use of physical force by a man in an intimate relationship is still not systematically viewed as an offense by both men and women, and considered an ordinary domestic occurrence.^[43] The government reported in 2013 that it has embarked on a series of ‘socialization programmes’ under the National Plan of Action on Gender-Based Violence (20102-2014) on the domestic violence law to facilitate its implementation; however information on the effectiveness of these activities is not yet available.^[44]

Rape is prohibited under Articles 171 and 172 in the Indonesian Penal Code, providing a punishment of up to 12 years’ imprisonment.^[45] The law also provides that any person, who out of marriage has “carnal knowledge” of a woman who has not yet reached the age of 15 years old shall be punished by a maximum imprisonment of 9 years.^[46]

However, a number of factors still impede the implementation of sexual violence laws in Timor Leste. In 2013 the government reported to the UN Committee on the Elimination of Discrimination against Women (CEDAW) that the Law on Protection of Witnesses passed in 2009 but was still inoperative.^[47] The 2009-2010 DHS also revealed that 3.4% of women have experienced sexual violence. The main perpetrators of sexual violence against ever-married women are their current (71%) or former husband/partner (9%).^[48] Although marital rape is now a crime under the domestic violence law (see above), the government reported in 2013 that the police and the Office of Prosecutor General reported that there have not been any cases registered as marital rape to date.^[49]

In 2012, the government passed a new Labour Code that makes harassment at work of any kind, including verbal, non-verbal or physical conduct as well as all forms of sexual harassment unlawful.^[50] However there is no available data on the effectiveness of these provisions.

There is no indication that female genital mutilation (FGM) is practised in Timor-Leste.

Limitations on women’s reproductive rights also infringe upon women’s physical integrity in Timor-Leste. Although the recent and current Penal Code in paragraphs 1 and 2 of Article 141 maintains abortion as a crime with a prison sentence, paragraph 4 provides the circumstances in which abortion will be allowed, including: when there is the risk to the mother’s life; as long as the procedure is authorized by a medical certificate signed by 3 doctors; and performed by a doctor or health professional.^[51] The opinion of the father is required.^[52] In 2009, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern that the continued criminalization of abortion may lead women to seek unsafe abortions, which may risk their health.^[53] The 2009-2010 Demographic Health Survey (DHS) found that maternal mortality in Timor-Leste is high relative to many developed countries. The survey also found that more than 22% of currently married women are using a method of family planning, with 21% using a modern contraceptive method.^[54] The Government reported in 2012 that, although this rate has improved from 10% in 2003, knowledge of any contraceptive is very low amongst both men and women in Timor-Leste.^[55] There has been a significant increase in unmet need for family planning over the past seven years by seven times, with unmet need rising from 4% in 2003 to 32% in 2009-2010.^[56]