Timor Leste
Cluster Munition Ban Policy
Summary: Non-signatory Timor-Leste adopted the convention in 2008 and officials indicate that resource constraints have prevented its accession. In December 2015, Timor-Leste voted in favor of the first UN General Assembly resolution in support of the convention. Timor-Leste last participated in a meeting of the convention in 2011. It is not known to have used, produced, transferred, or stockpiled cluster munitions.
Policy
The Democratic Republic of Timor-Leste has not acceded to the Convention on Cluster Munitions.
The government is not believed to have started the internal process to consider accession of the convention, apparently due to resource constraints and other priorities.[1]
On 7 December 2015, Timor-Leste voted in favor of the first UN General Assembly (UNGA) Resolution on the Convention on Cluster Munitions, which urges states outside the convention on “join as soon as possible.”[2]
Timor-Leste participated in the Oslo Process that created the convention and joined in the consensus adoption of the convention text in Dublin on 30 May 2008, but did not sign the convention at the Signing Conference in Oslo in December 2008.
Timor-Leste attended a regional conference on cluster munitions in Bali, Indonesia in November 2009. It has participated as an observer in two of convention’s Meetings of States Parties, in 2010 and 2011, but did not make any statements. Timor-Leste has voted in favor of UNGA resolutions condemning the use of cluster munitions in Syria, most recently in December 2014.[3]
Timor-Leste is a State Party to the Mine Ban Treaty. It is not party to the Convention on Conventional Weapons.
Use, production, transfer, and stockpiling
Timor-Leste is not known to have used, produced, transferred, or stockpiled cluster munitions.
[1] In April 2012, a representative from Timor-Leste’s Permanent Mission to the UN in New York said there was support for joining the convention but limited human resources, other treaty commitments, and the consolidation of state-building efforts have prevented it from initiating the accession process. Email from Kavita Desai, Advisor, Permanent Mission of the Democratic Republic of Timor-Leste to the UN in New York, 27 April 2012. In 2010 and 2011, other government officials cited these same reasons for Timor-Leste’s lack of accession to the convention. Email from Tiago A. Sarmento, Legal Advisor, Ministry of Defense and Security, 10 April 2011; and email from Charles Scheiner, Researcher, La’o Hamutuk (Timor-Leste Institute for Development Monitoring and Analysis), 20 April 2010.
[2] “Implementation of the Convention on Cluster Munitions,” UNGA Resolution 70/54, 7 December 2015.
[3] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 69/189, 18 December 2014. Also a similar resolution on 18 December 2013.
Mine Ban Policy
The Democratic Republic of Timor-Leste acceded to the Mine Ban Treaty on 7 May 2003 and became a State Party on 1 November 2003. It has never used, produced, exported, or imported antipersonnel mines, including for training purposes. The New Penal Code of East Timor Law No. 19/2009, Article 127, enacted on 8 April 2009, provides for criminal sanctions as required under Article 9 of the Mine Ban Treaty.[1] On 22 June 2004, Timor-Leste submitted its initial Mine Ban Treaty Article 7 report, due 28 April 2004, but has not submitted subsequent annual reports.
Timor-Leste did not attend any Mine Ban Treaty meetings in 2010 or the first half of 2011.
Timor-Leste is not party to the Convention on Conventional Weapons.
Timor-Leste has residual unexploded ordnance contamination.
[1] Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, “Table of Article 9 National Implementation Measures as reported by State Parties under Article 7,” 23 November 2009, p. 46.
Casualties and Victim Assistance
Casualties
In 2015, no new casualties were reported in the Democratic Republic of Timor-Leste. In 2011, three casualties were identified: two civilian men were killed and one critically injured while handling unexploded ordnance they had uncovered.[1] Prior to this, explosive remnants of war (ERW) incidents were recorded in 2000 and 2003.[2] The Monitor has identified nine ERW casualties in Timor-Leste between 1999 and 2015.
Victim Assistance
Timor-Leste had a limited legal and policy framework for providing assistance to persons with disabilities, including victims of mines/ERW.
Several domestic laws and regulations also provided disability assistance, especially in the areas of employment, education, and social assistance.[3] Of note, the Statute of the National Liberation Combatants (Law 9/2009) outlined special consideration for veterans with disabilities, including free access to prosthetic services.
The Ministry of Social Solidarity (MSS) was the principle government body responsible for managing disability assistance within the state.
In 2010, the MSS established the “National Strategy for Community Based Rehabilitation (CBR),” in line with the principles of the Convention on the Rights of Persons with Disabilities (CRPD).[4] It did not explicitly provide protections or create institutions. The CBR strategy was supported by additional national policies in mental health, integrated community health services, and education.
Accessibility to buildings and vocational training for persons with disabilities remained key challenges.[5]
Timor-Leste has not ratified the CRPD.
[1] “Timor-Leste and UN step up efforts to dispose of unexploded ordnance,” UN News Centre, 18 October 2011.
[2] See ICBL, Landmine Monitor Report 2003: Toward a Mine-Free World (New York: Human Rights Watch, August 2003); and ICBL, Landmine Monitor Report 2000: Toward a Mine-Free World (New York: Human Rights Watch, August 2000).
[3] “Report on the Rights of Persons with Disabilities in Timor-Leste,” OHCHR, 2011.
[4] Ibid.
[5] United States Department of State, “2014 Country Reports on Human Rights Practices: Timor-Leste,” Washington, DC, 25 June 2015.