Timor Leste
Cluster Munition Ban Policy
Summary: Non-signatory Timor-Leste adopted the convention in 2008 but has not taken any steps to join it. Officials indicate that resource constraints have prevented its accession. Timor-Leste voted in favor of a key United Nations (UN) resolution promoting the convention in December 2017. It last participated in a meeting of the convention in 2011. Timor-Leste 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.
Government officials have indicated that resource constraints and other prioritieshave prevented Timor-Leste frominitiating the internal process necessary for it to accede to the convention.[1] However, in June 2018, Timor-Leste’s UN representative, Ambassador Marciano Octavio Garcia Da Silva,told the Monitor that it would not be difficult for the country to accede once the newly elected government is settled.[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. It attended a regional conference on cluster munitions in Bali, Indonesia in November 2009.
Timor-Leste participated as an observer in the convention’s Meetings of States Parties in 2010 and 2011, but has not attended any meetings since then.
In December 2017, Timor-Lestevoted in favor of a UN General Assembly (UNGA) resolution that urges states outside the Convention on Cluster Munitionsto “join as soon as possible.”[3] It also voted in favor of previous UNGA resolutions promoting implementation and universalization of the convention in 2015 and 2016.[4]
Timor-Leste has also voted in favor of UNGA resolutions expressing outrage at the use of cluster munitions in Syria, most recently in December 2017.[5]
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. Emails from Tiago A. Sarmento, Legal Advisor, Ministry of Defense and Security, 10 April 2011; and from Charles Scheiner, Researcher, La’o Hamutuk (Timor-Leste Institute for Development Monitoring and Analysis), 20 April 2010.
[2] The ambassador said it should not be difficult for Timor-Leste to accede, especially if there are no financial obligations to joining. Cluster Munition Monitor interview with Amb. Marciano Octavio Garcia Da Silva, Permanent Representative of Timor-Leste to the UN in Geneva, Geneva, 11 June 2018.
[3] “Implementation of the Convention on Cluster Munitions,” UNGA Resolution 72/54, 4 December 2017.
[4] “Implementation of the Convention on Cluster Munitions,” UNGA Resolution 71/45, 5 December 2016; and“Implementation of the Convention on Cluster Munitions,” UNGA Resolution 70/54, 7 December 2015.
[5] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution 72/191, 19 December 2017. Timor-Leste voted in favor of similar resolutions in 2013–2016.
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
The last explosive remnants of war (ERW) casualties in the Democratic Republic of Timor-Leste were reported in 2011, when three casualties were identified: two civilian men were killed and one critically injured while handling unexploded ordnance they had uncovered.[1] Prior to this, ERW incidents were recorded in 2000 and 2003.[2] The Monitor has identified nine ERW casualties in Timor-Leste between 1999 and 2011.
[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).
Victim Assistance
The Democratic Republic of 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.[1] 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.[2]
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).[3] 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 were identified as key challenges.[4]
Timor-Leste has not ratified the CRPD.
[1] “Report on the Rights of Persons with Disabilities in Timor-Leste,” OHCHR, 2011.
[2] United States Department of State, “2016 Country Reports on Human Rights Practices: Timor-Leste,” Washington, DC, 3 March 2017.
[3] Ibid.
[4] United States Department of State, “2014 Country Reports on Human Rights Practices: Timor-Leste,” Washington, DC, 25 June 2015.