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LGBTQ rights in East Timor

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LGBTQ rights in East Timor
East Timor
StatusLegal since 1975[1]
Gender identityNo
MilitaryNo explicit ban
Discrimination protectionsSome sexual orientation and gender identity protections. Hate crime protections since 2009[2]
Family rights
Recognition of relationshipsNo
AdoptionSingle people may adopt

Lesbian, gay, bisexual, and transgender (LGBT) people in East Timor face legal challenges not experienced by non-LGBTQ residents. Both male and female same-sex sexual activity are legal in East Timor, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.[1] Although there is no broad legal protection against discrimination, there are several legal provisions in specific laws that protect against discrimination based on sexual orientation and gender identity.

East Timor and the Philippines are considered as leaders on human rights in Southeast Asia, including LGBT rights,[3] although no legal protections for LGBT citizens have been enacted into law yet.[4] In 2011, the country signed the "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, condemning violence and discrimination against LGBT people.[5] In July 2017, just 15 years after independence, the nation's first ever pride march was conducted with the support of the Timorese Government.[6] Among the participants of the pride march were LGBT citizens, nuns, religious ministers, tribal folks, students, and government officials.[7][8] The event has been held annually ever since.

Law regarding same-sex sexual activity

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Same-sex sexual activity has been legal since 1975.[1] The age of consent is 14 regardless of sexual orientation or gender.[9]

Recognition of same-sex relationships

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There is no legal recognition of same-sex unions in East Timor.

The Civil Code (Law No. 10/2011),[10] states the following:

  • Article 1467 (Notion of marriage): Marriage is the contract concluded between two people of different sex who want to start a family through a full communion of life, in accordance with the provisions of this Code.
  • Article 1517 (Non-existent marriages): 1. It is legally non-existent: e) Marriage contracted by two people of the same sex.

Adoption

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The Civil Code (Law No. 10/2011),[10] states the following:

  • Article 1858 (Who can adopt):

1. Two people who have been married for more than four years and have not been legally separated from people and goods or in fact can adopt, if both are over twenty-five years old.

2. Those who are over thirty years of age can also adopt or, if the adopting is the child of the adopter's spouse, more than twenty five years.

3. Only those who are not over sixty years old on the date on which the minor was entrusted to them can adopt, and from the age of fifty the age difference between the adopter and the adopted person cannot exceed fifty years.[10]

Discrimination protections

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There is no specific anti-discrimination law that offers broad legal protection based on sexual orientation or gender identity. However, there are several legal provisions in specific laws that explicitly mention sexual orientation and gender identity as protected categories from discrimination:

  • Land Law No. 13/2017. Article 2(i) states that “Vulnerable groups” means the group of people who, in due to issues related to their ethnicity, religion, origin, social status, gender, sexual orientation, age, physical or mental disability, is in a position more susceptible to having their rights violated as citizens.[11]
  • Law No. 3/2017 on the Prevention and Fight against Human Trafficking and Fourth Amendment to the Penal Code. Article 3 states that the application of this law, in particular the measures that aim to protect and promote the rights of victims, it must be ensured without any discrimination based on sexual orientation.[12]
  • Law No. 6/2023 on the Protection of Children and Young People in Danger. Article 6(n) states that all children and young people have equal rights and cannot be subject to any type of discrimination based on sex, gender, sexual orientation, among others.[13]

There was a clause against discrimination based on sexual orientation included in the original draft of the Timorese Constitution but it was voted out by 52 out of 88 MPs before the Constitution took effect in 2002.[14]

In April 2019, the Timorese Minister of Legislative Reform and Parliamentary Affairs called for an end to discrimination against LGBT people saying, "Barbaric laws and discriminatory treatment of marginalized groups have to end". Moreover, in response to allegations made in the National Parliament by two MPs, he announced that he would request an official inquiry into allegations of ill-treatment of disabled and LGBT patients at the national hospital in Dili.[15][16]

Education

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Since 2023, there are explicit legal protections in education.

  • Decree-Law No. 31/2023, First Amendment to Decree-Law No. 23/2010 on the Career Statute for Kindergarten Teachers and Primary and Secondary School Teachers (Teaching Career Statute). Article 3(a) states: "Equality and non-discrimination, with everyone having the right to equal opportunities in obtaining academic qualifications, training, entry, access and career progression, without discrimination of any kind, in particular on the basis of colour, race, marital status, sex, sexual orientation, ethnic origin, language, ancestry, social position or economic situation, political or ideological beliefs, religion, education or physical or mental condition."[17]
  • Decree-Law No. 32/2023. Legal Framework for the National Basic Education System. Article 4(2) states that "Inclusive education is understood as education capable of responding to the diversity of potentialities and needs of each and every child and young person, through the availability and opportunity of access and the guarantee of their effective participation in learning processes without any type of discrimination, namely based on race, colour, gender, sexual orientation, language, religion, political opinion, place of residence of the child, their parents or guardians, or their national, ethnic or social origin, economic situation, birth, health condition, special educational needs or any other situation."[18]

Health

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Since 2022, there are explicit legal protections in health.

  • Law No. 13/2022 - Second amendment to Law No. 10/2004 Health System Law. Article 3-2(o) states that the health policy must comply with the access to family planning, reproductive, school, visual, oral and mental health and early diagnosis, without discrimination based on gender identity and sexual orientation.[19]
  • Decree-Law No. 88/2022, Third amendment to Decree-Law No. 14/2004 on the Exercise of Health Professions. Article 3-B(e) states that health professionals must provide care to people without discrimination on the grounds of sexual orientation.[20]

Hate crimes law

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Since 2009, bias on the basis of sexual orientation has been considered to be an aggravating circumstance in the case of crimes (alongside ethnicity, gender, religion, disability, etc.).[21]

Hate speech provisions

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The Code of Conduct for Media Professionals (Regulation 111/STAE/III/07), approved by The National Election Commission, states that professionals and media outlets, when carrying out electoral coverage, must "Use language that is not defamatory, slanderous or aggressive, nor that incites violence, or that discriminates against people, especially based on color, race, origin, nationality, sex, sexual orientation, political or religious choice, and mental disability or physics." For the purposes of this code, media professionals are journalists and correspondents from the written press, radio and television stations, whether public or private, who work in East Timor.[22]

National Police

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The legal provisions that protect LGB people from discrimination are the following:

  • Decree-Law No. 44 /2020 Disciplinary Regulation of the National Police of Timor-Leste. Article 13(1) states that the duty of correction consists of treating people in general and members of the PNTL with respect, without discrimination based on their sexual orientation, always bearing in mind that interpersonal relationships must be based on rules of courtesy, justice, equality and integrity.[23]
  • Decree-Law No. 69/2022 Professional Statute of personnel with police functions of the PNTL. Articles 15(6)(f) and 18(b) bans discrimination based on sexual orientation.[24]
  • Decree-Law No. 35/2024 Statute of the Police Officers of the National Police of Timor-Leste. Article 16 on "Professional duties" states: f) To promptly carry out all missions or acts of service, without their execution being hindered by reason of their sexual orientation. In addition, Article 17 on "Special duties" states: b) To act without discrimination on the grounds of sexual orientation.[25]

Military service

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There are no explicit legal prohibitions against LGBTQ people serving in the Timor Leste Defence Force according to:

  • Decree-Law No. 17/2006 on Military Discipline Regulation.[26]
  • Decree-Law No. 33/2020 on the Statute of Military Personnel of Timor-Leste Defence Forces.[27][28]
  • Decree-Law No. 3/2021 that Approves the Regulation of the Military Service Law.[29]
  • Decree-Law No. 5/2022 on the Organic Statute of FALINTIL Timor-Leste Defence Forces (F-FDTL).[30][31]

However, there are no inclusive and anti-discrimination measures towards LGBT people in the Timor Leste Defence Force.

Living conditions

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The Roman Catholic Church has a strong influence in the country and was the main opponent to the constitutional clause to protect LGBT people from discrimination. In 2002, when the clause was discussed in Parliament, a prominent Christian politician argued there weren't any gay people in Timor-Leste and called homosexuality a "disease".[32] However, in recent years, many LGBT individuals have also found support within the Catholic Church. While the Church has not taken an official stance in support of LGBT rights, many congregations have got involved to support the community. A Catholic nun volunteered to officiate the 2017 Pride parade with a prayer.[33]

Discrimination and violence from family members and the broader society continue to affect LGBT people.[8] A 2017 survey of 57 young lesbian and bisexual women as well as transgender men co-authored by activist Bella Galhos found that 86% of the respondents had experienced both physical and psychological violence, including domestic violence, forced marriages and attempts by family members to change their sexual orientation or gender identity.[34][15][16]

Advocacy and activism

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Pride March 2019 in Dili

LGBT advocacy groups in East Timor include: Hatutan, CODIVA (Coalition on Diversity and Action), and Arco Iris.[35]

On 29 June 2017, the first pride parade in East Timor took place in the capital city of Dili with reportedly 500 people in attendance.[36] A Catholic nun spoke at the beginning of the event.[3] The same week, Prime Minister Rui Maria de Araújo declared that "discrimination, disrespect and abuse towards people because of their sexual orientation or gender identity does not provide any benefit to our nation" and that "every person has the potential to contribute to the development of our nation, including the LGBTQ community", thus becoming the first Southeast Asian leader to publicly support LGBT rights.[3][37]

Activists continue to speak about violence against LGBT people on a regular basis.[38][39] In April 2018, the Timorese LGBT organization Hatutan launched a documentary on acceptance of LGBT people within their families, entitled Dalan ba Simu Malu in Tetum (The Road to Acceptance). The launch was attended by former President and former Prime Minister Xanana Gusmão and representatives of several embassies and organizations.[40][8]

The second pride parade was held on 20 July 2018 in Dili. About 1,500 people participated, three times that of the previous year. The event began with a screening of the aforementioned documentary "Dalan ba Simu Malu", and followed with a march led by a local band who played traditional Timorese resistance songs.[41]

The third pride parade was held on 12 July 2019 in Dili. About 3,000 people participated, double of that of the previous year, and six times the number of people who took part in the first such event in 2017. Minister of Social Solidarity and Inclusion Armanda Berta dos Santos supported the event. President Francisco Guterres released a statement in support of the event, writing "I am a President for all people! I respect everyone! Respect and love tie us as family, as community, as a people. I ask everyone to see diversity as our nation's wealth. Together we strengthen collective power and knowledge. Together we fight for a society which is more just. Together we build a Nation which is full with respect and love to all."[42][43][44][45]

Human rights reports

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2017 United States Department of State report

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In 2017, the United States Department of State reported the following, concerning the status of LGBT rights in East Timor:

  • Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
    "The constitution and law are silent on same-sex relations and other matters of sexual orientation and gender identity. The PDHJ [Office of the Provedor for Human Rights and Justice] worked with civil society organization CODIVA (Coalition on Diversity and Action) to increase awareness in the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community regarding processes available for human rights complaints. While physical abuse in public or by public authorities was uncommon, LGBTI persons were often verbally abused and discriminated against in some public services, including medical centers. CODIVA noted that transgender members of the community were particularly vulnerable to harassment and discrimination. A November study conducted for Rede Feto, a national women’s advocacy network, with lesbian and bisexual women and transgender men in Dili and Bobonaro documented the use by family members of corrective rape, physical and psychological abuse, ostracism, discrimination, and marginalization against LGBTI individuals. Access to education was limited for some LGBTI persons who were removed from the family home or who feared abuse at school. Transgender students were more likely to experience bullying and drop out of school at the secondary level. In June members of civil society organized Timor-Leste’s first-ever Pride March in Dili. The march included participation from students, activists, and a representative of the Prime Minister’s Office. Then prime minister Araujo met with LGBTI organizations and called for acceptance of LGBTI individuals on his official Facebook and Twitter accounts."[46]
  • Discrimination with Respect to Employment and Occupation
    "There is no specific protection against discrimination based on sexual orientation."[46]

Summary table

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Right Legal status
Same-sex sexual activity legal Yes (Since 1975)
Equal age of consent (14) Yes (Since 1975)
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No/Yes (only in health and education)
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) No/Yes (incitement to violence and discrimination based on sexual orientation, only in electoral coverage)
Hate crime laws include sexual orientation Yes (Since 2009)[citation needed]
Same-sex marriage No
Recognition of same-sex couples No
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
LGBT people allowed to serve openly in the military
Right to change legal gender No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also

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References

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  1. ^ a b c State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 17 July 2013 at the Wayback Machine
  2. ^ Article 52 of the Penal Code Archived 4 March 2016 at the Wayback Machine, p. 3
  3. ^ a b c Timor Leste PM comes out supporting LGBTI rights Archived 29 July 2019 at the Wayback Machine GayStarNews
  4. ^ "East Timor Offers Hope for LGBT Rights". VOA. Reuters. Retrieved 13 April 2018.
  5. ^ "Over 80 Nations Support Statement at Human Rights Council on LGBT Rights » US Mission Geneva". Geneva.usmission.gov. 22 March 2011.
  6. ^ Beh Lih Yi (20 July 2017). "Asia's youngest nation offers glimmer of hope for LGBT rights". Reuters.
  7. ^ "This tiny Southern Asian country just held its first pride parade". Mashable. 4 July 2017.
  8. ^ a b c Raynor, Sophie. "Behind Timor-Leste's Pride - New Naratif". New Naratif. Retrieved 12 June 2018.
  9. ^ "What is the East Timor Age of Consent?". www.ageofconsent.net.
  10. ^ a b c "Civil Code - Law 10/2011" (PDF) (in Portuguese). 2011. Retrieved 22 December 2024.
  11. ^ "Land Law No. 13/2017" (PDF) (in Portuguese). Retrieved 25 December 2024.
  12. ^ "Law No. 3/2017 on the Prevention and Fight against Human Trafficking and Fourth Amendment to the Penal Code" (PDF) (in Portuguese). Retrieved 22 December 2024.
  13. ^ "Law No. 6/2023 on the Protection of Children and Young People in Danger" (PDF) (in Portuguese). Retrieved 22 December 2024.
  14. ^ "Sexual Orientation Clause Removed From Constitution". www.etan.org.
  15. ^ a b "Timor-Leste: Governo exige inquérito a hospital por maus-tratos a deficientes e LGBTI". e-Global (in Portuguese). 3 April 2019.
  16. ^ a b "Governo timorense vai exigir inquérito a hospital por maus-tratos a deficientes e LGBTI - ministro". Diário de Notícias (in Portuguese). 2 April 2019.
  17. ^ "Decree-Law No. 23/2010 Career Statute for Kindergarten Teachers and Primary and Secondary School Teachers (Teaching Career Statute)" (PDF) (in Portuguese). Retrieved 25 December 2024.
  18. ^ "Decree-Law No. 32/2023. Legal Framework for the National Basic Education System" (PDF) (in Portuguese). Retrieved 25 December 2024.
  19. ^ "Law No. 13/2022 - Second amendment to Law No. 10/2004 Health System Law" (PDF). Retrieved 22 December 2024.
  20. ^ "Decree-Law No. 88/2022" (PDF). Retrieved 22 December 2024.
  21. ^ Article 52 of the Penal Code Archived 4 March 2016 at the Wayback Machine, p. 3
  22. ^ "Code Of Conduct for Media Professionals (Regulation 111/STAE/III/07)". Retrieved 22 December 2024.
  23. ^ "Decree-Law No. 44 /2020 Disciplinary Regulation of the National Police of Timor-Leste" (PDF) (in Portuguese). Retrieved 22 December 2024.
  24. ^ "Decree-Law No. 69/2022 Professional Statute of personnel with police functions of the PNTL" (PDF) (in Portuguese). Retrieved 29 December 2024.
  25. ^ "Decree-Law No. 35/2024 Statute of the Police Officers of the National Police of Timor-Leste" (PDF) (in Portuguese). Retrieved 29 December 2024.
  26. ^ "Decree Law 17/2006 on Military Discipline Regulation" (PDF) (in Portuguese). Retrieved 29 December 2024.
  27. ^ "*Decree-Law No. 33/2020 on the Statute of Military Personnel of Timor-Leste Defence Forces" (PDF) (in Portuguese). Retrieved 29 December 2024.
  28. ^ "Decree-Law No. 21/2024, First amendment to Decree-Law No. 33/2020" (PDF) (in Portuguese). Retrieved 29 December 2024.
  29. ^ "Decree-Law No. 3/2021 that Approves the Regulation of the Military Service Law" (PDF) (in Portuguese). Retrieved 29 December 2024.
  30. ^ "Decree-Law No. 5/2022 on the Organic Statute of FALINTIL Timor-Leste Defence Forces (F-FDTL)" (PDF) (in Portuguese). Retrieved 29 December 2024.
  31. ^ "Decree-Law No. 26/2023, First amendment to Decree-Law No. 5/2022" (PDF) (in Portuguese). Retrieved 29 December 2024.
  32. ^ "Homosexuality in East Timor". www.easttimorlawandjusticebulletin.com. Retrieved 13 April 2018.
  33. ^ Renaldi, Adi (22 May 2019). "Asia's Newest Nation of Timor-Leste Is Fighting for LGBTQ Rights". Vice News.
  34. ^ Galhos, Bella; Saeed, Iram. "A Research Report on the Lives of Lesbian and Bisexual Women and Transgender Men in Timor-Leste". aseansogiecaucus.org. ASEAN SOGIE CAUCUS. Retrieved 12 June 2018.
  35. ^ "This is Me". Daily Emerald. 29 January 2019.
  36. ^ Ng, Ellis (4 July 2017). "This tiny Southeast Asian country just held its first pride parade". Mashable. Retrieved 5 July 2017.
  37. ^ "East Timor holds first LGBTQ pride parade". NBC News. Retrieved 5 July 2017.
  38. ^ One Young World (25 October 2017), From hatred to acceptance: ending violence against LGBTI persons in Timor Leste | Natalino Gutterres, retrieved 13 April 2018
  39. ^ TEDx Talks (18 October 2017), Why we seldom hear about LGBTI Women in a male-dominated society? | Bella Galhos | TEDxDili, retrieved 13 April 2018
  40. ^ Power, Shannon (13 April 2018). "East Timor's LGBTI community keeps getting stronger together". Gay Star News. Archived from the original on 11 July 2019. Retrieved 13 April 2018.
  41. ^ Asia's Youngest Nation Celebrates 2nd LGBT Parade, Voice of America News, 25 July 2018
  42. ^ "Komunidade LGBTI Timor-Leste Sei Halo Marsa Diversidade Datoluk". Timor News (in Tetum). 12 June 2019.
  43. ^ "Ema Rihun Marsa ba Diversidade iha Dili". The Dili Weekly (in Tetum). 25 July 2018.
  44. ^ "PRIDE 2019 Parade, Timor Leste - South East Asia". Travel Inspired. 13 July 2019.
  45. ^ Potts, Andrew (19 July 2019). "East Timor Celebrates Third LGBTQI Pride Parade". Star Observer.
  46. ^ a b "TIMOR-LESTE 2017 HUMAN RIGHTS REPORT" (PDF). 21 April 2018. Archived from the original (PDF) on 21 April 2018.
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