| For a summary of Timor Leste’s review at the first cycle please click here. |
26th UPR session
Date of review: 3 November 2016
Date of report adoption: 28 December 2016
Document number: A/HRC/34/11
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SUMMARY SOGIESC issues during Timor Leste’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Constitutional and legislative framework
18. Joint Submission 3 (JS3) noted that although Article 52 of the Penal Code considers crimes motivated by discriminatory sentiment on the basis of gender and sexual orientation to be aggravating circumstances, which may incur greater penalties, crimes motivated by bias on the basis of gender identity or intersex status were not subject to any penalty enhancement under the Penal Code. JS3 went on to state that this was particularly problematic, given that transgender people experience high levels of physical and symbolic violence and hate crimes in Timor-Leste.
Equality and non-discrimination
21. JS3 noted that Timor-Leste did not have any laws prohibiting discrimination on the basis of sexual orientation, gender identity and intersex status. In December 2001, the Constituent Assembly specifically voted against the inclusion of sexual orientation as a non-discrimination ground in Article 16(2) of the Constitution.
22. JS3 stated that the lack of specific legislation was a contributing factor to the discrimination experienced by lesbian, gay, bisexual, trans-gender and inter-sex (LGBTI) persons in all areas of public life in Timor-Leste.
23. JS3 also emphasized that the lack of legal gender recognition left transgender people to significant discrimination in all areas of life where gender information is required, including employment, healthcare, education and access to justice.
Right to work and to just and favourable conditions of work
50. JS3 emphasized that Timor-Leste’s lack of anti-discrimination was particularly worrying given that the previous Labour Code enacted in 2002 and repealed in 2012, prohibited on the basis of sexual orientation in employment, which represents a step backwards leaving lesbian, gay, bisexual, transgender and inter-sex workers open to discrimination and harassment and interferes with their right to work.
Right to health
56. JS3 noted reports of discrimination against transgender people and men who have sex with men when accessing health checks in hospitals and clinics. According to JS3, transgender people and men who have sex with men experience high levels of stigma in healthcare settings. The difficulties to accessing healthcare in a safe and nondiscriminatory manner discourages lesbian, gay, bisexual, trans-gender and inter-sex people from accessing healthcare.
II. Excerpts on SOGIESC issues from the national report
Minority groups
60. Timor-Leste also recognizes other minority groups, especially groups with different sexual orientations such as lesbian, gay, bi-sexual and transgender (LGBT) in Timor-Leste. There is now a group called the coalition of diversity and advocacy (CODIVA) which was established in 2014, and is a member of the NGO forum. This group works with State agents such as the PNTL, MS, CCF, PDHJ and the HIV/AIDS Commission to provide advocacy on HIV/AIDS and rights in order to obtain protection for minority groups, especially those with different sexual orientations, at the national and municipal levels. The CODIVA has a network in six municipalities, namely Baucau, Viqueque, Bobonaro, Oecusse, Aileu and Covalima.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
11. The country team noted that the exhaustive list of grounds in the Constitution on which discrimination was prohibited did not include sexual orientation, and that same-sex unions were not recognized. It also noted that research conducted in 2014 among 198 gay and transgender persons had showed that 27 per cent of them had reportedly experienced physical maltreatment, 35 per cent had been verbally maltreated, 31 per cent had been refused access to health-care services, and 25 per cent had been provided with poor quality health services.
IV. References to SOGIESC issues during the Working Group review
33. Uruguay […] expressed concern about the absence of legislation aimed at preventing discrimination on the grounds of sexual orientation and gender identity, which affected lesbian, gay, bisexual and transgender persons.
39. Argentina […] appreciated the fact that work had begun with civil society to combat discrimination on the basis of sexual orientation.
42. Brazil […] expressed concern about persistent discrimination on the basis of sex, sexual orientation and gender identity. It invited Timor-Leste to take measures aimed at holding to account individuals responsible for acts of violence against lesbian, gay, bisexual, transgender and intersex persons.
46. Canada […] was concerned about the lack of legislation prohibiting discrimination on the basis of sexual orientation, gender identity and intersex status.
85. Timor-Leste welcomed the recognition of the progress it had made in terms of respect for human rights, and of the challenges it faced. It had supported the first Human Rights Council resolution on lesbian, gay, bisexual, transgender and intersex rights, and was tackling the relevant issues in terms of access to services and job placement. […]
V. Conclusions and/or recommendations
Timor Leste accepted the following recommendations:
89.76 Strengthen the legal framework in order to ensure gender equality and ban discrimination on the grounds of sexual orientation and gender identity (Chile);
89.77 Develop and adopt legal and administrative measures to investigate and punish acts of discrimination, stigmatization and violence against lesbian, gay, bisexual, transgender and intersex persons (Argentina).
VI. Further information
You will find all documents relating to Timor Leste’s second review at UPR-Info and OHCHR’s websites.