Human Rights Council elections 2008 - Timor-Leste

Timor-Leste is still facing some of the consequences of the violent events in 2006 during which around 600 soldiers were sacked after protesting over discrimination and poor condition of work. Violent confrontations between the sacked soldiers and their supporters, and the armed forces and police led to the death of an estimated 38 people and the displacement of some 150,000 people.

Investigations into criminal acts perpetrated by both military and police officers are now progressing; however, the country’s stability is still at risk as illustrated by the crisis the country faced early this year.

In February 2008, an armed group shot and wounded President Jose Ramos-Horta outside his home. Rebel leader Alfredo Reinado, who was facing criminal charges for having taken part in the 2006 violence, was killed in the attack. Prime Minister Xanana Gusmao escaped unhurt in a similar attack.

By April 2008, President Ramos-Horta had resumed his duties and the state of emergency that was declared following the February attacks was lifted (except for the district of Ermera). Investigations into the February incident are still ongoing.

Despite a programme to rebuild the national police force and rigorous screening of all personnel following the 2006 events, there are still reports of human rights violations, including cruel, inhuman and degrading treatment as well as arbitrary arrests, committed by police and military personnel. Recent concerns have been expressed over human rights violations, including excessive use of force, by police and military officials in the Ermera district.

Human rights violations were also reported to be committed by UNMIT (UN Integrated Mission in Timor-Leste) police officers and international security forces last year.

The law on truth and clemency measures adopted by Parliament in 2007, which would have seriously undermined investigations and prosecutions over events of 2006, was subsequently declared unconstitutional by the court of appeal.

Investigations and prosecutions related to events surrounding the independence referendum in 1999 have made little progress since the termination of the activities of the Serious Crimes Unit and Special Panels for Serious Crimes in Timor-Leste in 2004-5. In an effort to complete investigations into these events and to bring perpetrators to justice, UNMIT re-established the Serious Crimes Investigation Team, although without the prosecution branch.

Both the Timorese and the Indonesian governments have resisted initiatives to bring to justice all the perpetrators of these serious crimes. The Commission of Truth and Friendship established jointly by Indonesia and Timor-Leste to document crimes and to promote reconciliation, conducted investigations into the 1999 events last year.

The Commission has, however, been severely criticized, including by the UN Secretary-General Ban Ki-moon, because of its mandated ability to recommend amnesties. Observers have also expressed concerns about the treatment of victims during hearings and a perceived bias in favour of testimonies of military officials and militia members over those by victims.

The final report of the Commission should be published very soon.

As of April 2008, around 100,000 people remained internally displaced throughout the country.

Recent Amnesty International statements and reports:

General

Amnesty International Annual Report extracts for Timor-Leste, 2005-2007

Justice for current and past human rights violations

Timor-Leste: End Culture of Impunity (Press Release, 12 February 2008)
Timor-Leste: UK Launch of Timor Justice Report (Press Release, 28 November 2006)
Timor-Leste: All parties must act resolutely to ensure justice for both current and past violations of human rights (Public Statement, 16 June 2006)
Indonesia and Timor-Leste: Amnesty International & Judicial System Monitoring Programme. Justice for Timor-Leste: The Way Forward (Report, 1 April 2004)

Ratification of International Treaties

Treaty Status Recognition of specific competences of Treaty Bodies Reservations/ Declarations
International Covenant on Civil and Political Rights (ICCPR) Acceded None  
Optional Protocol to the ICCPR      
Second Optional Protocol to the ICCPR on the death penalty Acceded    
International Covenant on Economic, Social and Cultural Rights Acceded    
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) Acceded    
Optional Protocol to CEDAW Acceded    
International Convention on the Elimination of All Forms of Racial Discrimination Acceded None  
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) Acceded None  
Optional Protocol to CAT Signed    
Convention on the Rights of the Child (CRC) Acceded    
Optional Protocol to the CRC on children in armed conflict Acceded   Entered
Optional Protocol to the CRC on the sale of children, child prostitution and child pornography Acceded    
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families Acceded    
International Convention for the Protection of All Persons from Enforced Disappearance      
Rome Statute of the International Criminal Court Acceded   Entered
Convention Relating to the Status of Refugees Acceded   Entered
Protocol Relating to the Status of Refugees Acceded   Entered
The Four Geneva Conventions Acceded    
Protocol I to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts Acceded    
Protocol II to the Geneva Conventions relating to the Protection of Victims of Non-International Armed Conflicts Acceded    
Protocol III to the Geneva Conventions relating to the Adoption of an Additional Distinctive Emblem      

Compliance with Reporting Obligations 

Total Overdue Reports Up to 5 years overdue 5-10 years overdue 10 years or more overdue
7 CAT: initial report
HR Committee: initial report
CEDAW: initial report
CERD: initial and 2nd periodic reports
CESCR: initial report
CMW: initial report 		   

Cooperation with the Special Procedures 

Extension of a standing invitation   Outstanding visit requests (year requested) Forthcoming visits (dates if available) Missions carried out between May 2007 and April 2008
None Special Rapporteur on Torture (2006) None None
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