POSITION PAPER

BODY: HUMAN RIGHTS

COUNTRY: TIMOR-LESTE
REPRESENTED BY: LICEUL TEORETIC INTERNATIONAL DE INFORMATICA BUCURESTI, Bucharest,
Romania
DELEGATE’S NAME: Stefanescu Denisa Raluca
Issue: Respecting the rights of indigenous populations affected by infrastructural projects
TOPIC BACKGROUND
People who inhabited a land before it was conquered by colonial societies and who consider
themselves distinct from the societies currently governing those territories are called Indigenous
Peoples.

As defined by the United Nations Special Rapporteur to the Sub-Commission on Prevention of

Discrimination and Protection of Minorities, Indigenous communities, peoples and nations are

…those which having a historical continuity with pre-invasion and pre-colonial societies that
developed on their territories, consider themselves distinct from other sectors of societies now
prevailing in those territories, or parts of them. They form at present non-dominant sectors of
society and are determined to preserve, develop, and transmit to future generations their ancestral
territories, and their ethnic identity, as the basis of their continued existence as peoples, in
accordance with their own cultural patterns, social institutions and legal systems.

(Martinez-Cobo, 1984)

Indigenous Peoples worldwide number between 300-500 million, embody and nurture 80% of the
world’s cultural and biological diversity, and occupy 20% of the world’s land surface. The Indigenous
Peoples of the world are very diverse. They live in nearly all the countries on all the continents of the
world and form a spectrum of humanity, ranging from traditional hunter-gatherers and subsistence
farmers to legal scholars. In some countries, Indigenous Peoples form the majority of the population;
others comprise small minorities. Indigenous Peoples are concerned with preserving land, protecting
language and promoting culture. Some Indigenous Peoples strive to preserve traditional ways of life,
while others seek greater participation in the current state structures. Like all cultures and
civilizations, Indigenous Peoples are always adjusting and adapting to changes in the world.
Indigenous Peoples recognize their common plight and work for their self-determination; based on
their respect for the earth.

Despite such extensive diversity in Indigenous communities throughout the world, all Indigenous
Peoples have one thing in common - they all share a history of injustice. Indigenous Peoples have
been killed, tortured and enslaved. In many cases, they have been the victims of genocide. They
have been denied the right to participate in governing processes of the current state systems.
Conquest and colonization have attempted to steal their dignity and identity as indigenous peoples,
as well as the fundamental right of self-determination.

PAST INTERNATIONAL ACTION

In 1970, at the UN General Assembly, the principle of self-determination of all peoples was
reinforced by the Declaration on Principles of International Law.
In 1978, the rights of indigenous peoples were endorsed by the World Conference to Combat Racism
and Discrimination.
In 1982, the UN Working Group on Indigenous Populations (WGIP) was founded within the structure
of the UN. WGIP aimed to set standards to oppose the continued colonization of indigenous peoples.
A General Assembly Resolution established in 1985 a UN Voluntary Fund for Indigenous Populations
to assist their representatives taking part in WGIP, helping them in bringing evidence and shaping
their arguments. It gave an opportunity to draft the UN Declaration on the Rights of Indigenous
Peoples (UNDRIP). However, it was not until 1994 that the Commission on Human Rights established
a Working Group on the Draft Declaration.
On 29 June 2006, the United Nations Human Rights Council adopted the Declaration on the Rights of
Indigenous Peoples.
On 13 September 2007, the Declaration on the Rights of Indigenous Peoples was adopted by a
majority of 144 states in favour, 4 votes against (Australia, Canada, New Zealand and the United
States) and 11 abstentions (Azerbaijan, Bangladesh, Bhutan, Burundi, Colombia, Georgia, Kenya,
Nigeria, Russian Federation, Samoa and Ukraine).

Timor-Leste is an island positioned between Southeast Asia and Oceania. Home to nine ethnic
groups, the country is both multiethnic and multilingual, with more than twenty Indigenous
languages and dialects in active use.1 Having formalized its independence in 2002, Timor-Leste is
one of Asia’s youngest nations. Following Indonesia’s violent occupational withdrawal, post-conflict
nation-building has been the country’s primal concern. This document will cover the human rights
violations occurring today in Timor-Leste, specifically concerning gender inequality and sanctions
placed upon Indigenous languages. First, this document will highlight the sexual, physical and
emotional violence against Indigenous women and girls in Timor-Leste. This will be considered in
respect to domestic situations and the continuing legacy of systematic violence perpetrated during
the Indonesian and UN occupation. Secondly, this document will discuss sanctions on Indigenous
language usage in primary educational settings.

The topic of these populations involves every continent, mainly because there were such
populations before the widespread colonialism of the past centuries. Timorese are linked closely. At
the same time many indigenous groups exist, each with its own language and cultural practices.
Tetun is the largest of these accounting for approximately 25% of the population. They live around
Dili, Suai and Viqueque. Mambae make up a further 10% and are found in the central mountains.
Other groups include the Kemak, Bunak and Fataluku amongst others, each accounting for 5% or less.
etun and Portuguese languages have been given official status, with Indonesian and English
considered working languages. Another fifteen or more indigenous languages also are spoken.

Though the 1999 referendum granted Timor-Leste its desired independence, Indonesia’s strategic
withdrawal from the Southeast Asian country destroyed the young democracy’s key pieces of
infrastructure, agricultural livelihoods, and technological competencies. During the violent
disengagement 1,400 Timorese were killed by anti-independence militia with nearly 75% of the
population displaced. Widespread shooting of livestock paired with population relocation succeeded
in depleting agricultural production, which resulted in mass-scale poverty.2 According to the UN
Special Rapporteur on the Rights of Indigenous Peoples, Indigenous women and girls were a target
for sexual and physical violence during this conflict. “In Fiji, India, Myanmar, Nepal the Philippines,
Thailand and Timor-Leste, the militarization of conflict over Indigenous land has led to gang-rape,
sexual enslavement and killing of tribal women and girls.”1 Along with the physical harm that the
Indonesian withdrawal inflicted on the Timorese population, violence was also extended to the
country’s infrastructure and equipment. The central banking system and its buildings were burned,
its records and assets moved to Indonesia - leaving the Timorese without the ability to make
payments or access funds within their country.3 Due to the lack of funds and the circulation of
multiple currencies, the markets for goods and services collapsed. In effect, the post-independence
chaos created by Indonesia severely stunted Timor-Leste’s growth into a modern, middle-income
economy and added to the country’s legacy of historical trauma.

https://theconversation.com/why-indonesia-and-timor-leste-should-involve-indigenous-people-in-
border-dispute-talks-101307
http://hrlibrary.umn.edu/edumat/studyguides/indigenous.html

Issue: Enhancing the Human Rights Council resolution 35/21, adopted in June 2017
East Timor is a multiparty parliamentary republic with a population of approximately 1.1 million,
sharing the island of Timor with Indonesia's Nusa Tenggara province. During the 24 years of
Indonesian occupation (from 1975,) and after the 1999 independence referendum, pro Indonesian
militias committed many human rights violations.[2] The country gained independence in 2002, and
free and fair elections were held in 2007. The United Nations Integrated Mission in East Timor
(UNMIT) and the International Stabilization Force remain in the country while it develops its own
security forces, the National Police (PNTL) and Defence Forces (F-FDTL).

There are a number of issues concerning civil and political rights including breaches of the right to a
fair trial and freedom from arbitrary arrest. The delivery of economic, social and cultural rights is
also a concern, such as the right to education, and the right to family life; there is little respect for
the rights of women and children and domestic violence and sexual abuse are major problems.
The constitution enacted in 2002 is comprehensive, however more systems need to be put in place
before the rights detailed in the constitution can be said to be guaranteed, for example the right to
private property, health, and education is still not realised for many, and there is inefficient delivery
of the right to a hearing and defence, free consent to marriage, and freedom to assemble, as
detailed below.

The country's inefficient legal system has raised human rights concerns. In 2010, the country was
reported to have issues with lack of fair trials, the use of excessive force by police, and a pervading
sense of impunity for past human rights breaches.

The judicial system suffers from a lack of staffing and resources, thus even though the law prohibits
arbitrary arrest and detention, incarceration may occur because judges are unavailable, and there
are long delays until people are heard at trial. There are also significant comprehension difficulties as
although Tetum and Portuguese are both official languages of East Timor, Portuguese is the main
legal language, which most of the population does not speak.

There have also been reports of the police and defence force breaching the rights of civilians
through cruel or degrading treatment such as beatings, excessive use of force, intimidation and
threats made at gunpoint. Allegations of prison guards mistreating prisoners have also been made.

Fighting between the police and defence force led to violent riots in 2006 resulting in civilian
displacement and deaths. Additionally, in 2008 the commander of the Military Police, Alfredo
Reinado, led an armed attack on the Prime Minister and President, leading to a state of emergency
being declared and necessitating the creation of a Joint Command in order to stem the violence and
human rights violations. However, significantly, the President commuted the sentences of those
responsible for the 2006 riots, and pardons were given to those involved with the 2008 violence,
creating a perception of impunity, and the subsequent vetting process has not resulted in any
dismissals for past human rights violations. Training programmes have resulted in some
improvements, although allegations of human rights violations by the police and military continue to
be made.

Furthermore, reconciliation with Indonesia has been pursued rather than focusing on criminal
prosecutions for crimes committed during the 1975-1999 occupation. The Commission for Reception,
Truth and Reconciliation in East Timor (Comissão de Acolhimento, Verdade e Reconciliação), and the
Commission of Truth and Friendship merely brought the truth to the fore rather than seeking
prosecution for crimes including unlawful killings, enforced disappearances, sexual violence, torture,
and war crimes. However José Ramos-Horta has accused "the UN of "hypocrisy" for using his
government's stance on justice as a pretext for not setting up the tribunal. The Serious Crimes
Investigation Team continues to investigate violations committed in 1999.

In East Timor freedom of speech and freedom of the press are protected by law, and this is generally
respected by the government. There is also an active independent media operating mainly through
television and radio, although there is limited access to televisions and radios, and reception
problems limit broadcasting outside of Dili and the district capitals.

The national institution of human rights is the Provedor de Direitos Humanos e Justiça (The Provedor
for Human Rights and Justice (PDHJ),) which has played a key role in promoting and protecting rights
since its establishment in June 2005. Its mandate is to investigate complaints of human rights
violations, maladministration and corruption, and to carry out monitoring, advocacy and
promotional activities. However, there is a need for a PDHJ presence in the regions, as at present
complainants from the districts need to travel to Dili to lodge complaints, thus inhibiting the process.
In the districts where the Provedoria is not yet established, NGO members often fulfill the role of
monitoring rights.

Since its inception, the UN mission has stressed the importance of building institutions and a culture
of human rights in order to ensure the long-term peace and stability of Timor-Leste. The Human
Rights and Transitional Justice Section (HRTJS) of the UN Mission was established to assist in further
strengthening Timor-Leste’s capacity to monitor, protect and promote human rights and to promote
justice and reconciliation.

Timor-Leste’s commitment to human rights is reflected in the fact that it has acceded to almost all
core international human rights treaties and is now working towards the effective implementation
of these.

The HRTJS provides human rights capacity development assistance and advice to ensure that Timor-
Leste’s laws, regulations, policies and programmes are in compliance with international human
rights standards. The HRTJS also monitors the response of Timor-Leste’s State institutions in relation
to the international standards on civil, political, economic, social and cultural rights that is has
subscribed to.

The Timorese people place great significance on holding public officials accountable and for
achieving justice for the victims’ of human rights violations. This underlines the importance of
implementing the recommendations of the 2005 Commissao de Acolhimento, Verdade e
Reconciliacao de Timor Leste (CAVR Report) and the 2006 UN Special Commission of Inquiry Report
(CoI Report) by the Government of Timor-Leste. Where possible, the HRTJS supports the initiatives
of the Post-CAVR Secretariat – particularly in relation to the preparation of a concept paper on
possible reparations schemes. The HRTJS also assists the Office of the Prosecutor General in the
implementation of relevant recommendations of the CoI Report.

The HRTJS observes and reports on the human rights situation in Timor-Leste. These reports are
disseminated locally and internationally through the UN Office of the High Commissioner for Human
Rights and the UN New York Headquarters. The HRTJS has observed that there have been many
positive developments in Timor-Leste. The security situation has largely been brought under control
since the violence of 2006. The 2007 Presidential and Parliamentary elections were held in an
environment relatively free from violence and intimidation and where all sides were able to voice
their opinions. The Office of the Provedor for Human Rights and Justice has been able to expand its
activities. Several national judges, prosecutors and public defenders have been sworn in. There have
been great inroads made into the return and reintegration of internally displaced persons and finally,
the response of the Government into the events of 11 February 2008 bodes well for the future of
this nation. In spite of these significant developments however, the HRTJS notes that important
human rights challenges remain. The promulgation of the Penal Code is still pending after its
approval by the National Parliament in 2005. A draft juvenile justice law and draft domestic violence
law are yet to be finalised and debated in Parliament. Effective access to justice is constrained as the
judicial system remains weak, particularly in the districts. A considerable backlog of pending cases
hampers the work of the courts and impacts negatively on the right of victims to a legal remedy.
There is no witness protection law, critical to the success of criminal investigations and trials. The
legal mechanisms to address property disputes do not yet exist, such as a law on land and property
rights. Finally, the recently drafted Civil Code is yet to be discussed.Despite the challenges, the UN
and Government of Timor-Leste are committed to pursuing development goals in the context of
democracy, respect for the rule of law and human rights of everyone.

https://unmit.unmissions.org/

https://en.wikipedia.org/wiki/Human_rights_in_East_Timor