A/HRC/42/37/Add.2
Annex
Report of the Special Rapporteur on the rights of indigenous
peoples on her visit to Timor-Leste
I. Introduction
1.
In the present report, the Special Rapporteur on the rights of indigenous peoples,
Victoria Tauli-Corpuz, presents the findings of her visit to Timor-Leste from 8 to 16 April
2019. She thanks the Government for having invited her and for its excellent cooperation
during the visit.
2.
During her visit, she met with the President, the Minister of Foreign Affairs and
Cooperation, the Minister for Legislative Reform and Parliamentary Affairs, the Minister
for Education, Youth and Sports, the Minister for Justice, the Secretary of State for Equality
and Inclusion, the Secretary of State for the Environment, senior representatives of several
ministries, members of the judiciary, the President of the Court of Appeal, parliamentarians
and several traditional Elders (Lia Nain), as well as with representatives of the Prosecutor
General’s Office, the Public Defender’s Office, the independent national human rights
institution (Provedoria de Direitos Humanos e Justiça), a broad range of civil society
organizations and the United Nations country team.
3.
She held meetings in Dili and visited communities in Ermera, Liquiçá and Atauro.
She had several separate meetings with women throughout the visit.
4.
During the visit, the Special Rapporteur studied diverse issues affecting indigenous
peoples, including customary justice systems, community land issues, education,
conservation and climate change adaptation and mitigation measures. The present report
takes into account recommendations previously issued by other human rights mechanisms,
including the Special Rapporteur on extreme poverty and human rights, who visited the
country in 2011 (A/HRC/20/25/Add.1).
II. Indigenous history and identity in Timor-Leste
5.
The vast majority of the population of Timor-Leste is of Malay-Polynesian and
Melanesian-Papuan origin. The history of the first indigenous peoples in Timor-Leste has
been traced back some 40,000 years through archaeological sites and rock paintings. The
early inhabitants had high-level maritime and fishing skills. Indigenous legends refer to
creation myths whereby a giant crocodile turned into the island of Timor.
6.
In the thirteenth century Javanese and Chinese traders visited and in the fifteenth
century Dutch and Portuguese arrived, subsequently resulting in Timor-Leste becoming a
Portuguese colony for over 400 years. The colonial presence was concentrated on the coast.
Despite the introduction of Roman Catholicism, the strong animist beliefs of most Timorese
remain to the present day.
7.
Japan occupied Timor-Leste during the Second World War, after which Portugal
resumed colonial rule. Timor-Leste unilaterally declared itself independent from Portugal
on 28 November 1975. Days later Indonesia invaded and annexed the territory as its
twenty-seventh province. The annexation was never recognized by the United Nations. It is
estimated that the ensuing 24-year period of occupation cost the lives of over 100,000
Timorese due to violence, disease and famine. 1 In the 1999 referendum, an overwhelming
majority of East Timorese voted for independence from Indonesia. After a period of United
1
2
Chega!: The Final Report of the Timor-Leste Commission for Reception, Truth and Reconciliation
(CAVR), 2005.