A/HRC/42/37/Add.2
trusted by the people, promotes reconciliation and restoration of relationships, and the
decisions made are respected more and implemented more often by the parties.
46.
The Special Rapporteur notes that the Government now has the opportunity to orient
the legal framework towards respect and recognition of customary land tenure systems and
traditional practices governing lands and resources. In the development of complementary
laws to implement the Land Law and in the undertaking of land registration, the Special
Rapporteur urges the Government to conduct inclusive consultations with people in the
villages, especially those who have the historical knowledge of traditions and customs,
women and other stakeholders, to ensure that the complementary laws will be designed in a
manner that does not deny the Timorese their customary lands and traditional practices and
at the same time respects the equal rights of women in decision-making and property rights.
47.
The Land Law of 2017 provides that both men and women have equal rights to
obtain land titles. Its implementation on the ground, however, faces many challenges.
Estimates indicate that to date three times as many land claims have been submitted by men
than women. Furthermore, under customary law, in many communities women cannot
inherit land and primarily gain access to land through marriage. The Special Rapporteur
remains concerned that if this is not addressed in practice, both by State and traditional
authorities, women will continue to face discrimination and marginalization. The Special
Rapporteur is also aware that in some communities men cannot inherit land, or only the
eldest child or son can inherit land and the younger men face the same obstacles as the
women.
48.
As noted above, Timor-Leste recognizes the customary rights of its people to their
lands and their contribution to the preservation of the environment, and has enshrined the
obligation to protect the environment in the Constitution. At the same time, in 2011 the
Government embarked on the large-scale Tasi Mane project, which it described in its
Strategic Development Plan (2011–2030).18 The aims of this project are to build offshore
and onshore oil and gas pipelines, an onshore oil refinery and petrochemical complex, a
highway, a port and an airport along the south coast of Timor-Leste.
49.
Serious concerns were raised during the visit regarding environmental and social
consequences of the Tasi Mane project and the failure to undertake comprehensive impact
assessments. Local communities are concerned over the pollution that will affect water and
land resources, impacting on human health and biodiversity. Several complaints were
received by the Special Rapporteur indicating that there has been insufficient information,
consultation and participation in the decision-making and planning stages and that affected
communities have been displaced without adequate compensation or relocation plans. The
Special Rapporteur was also informed about ongoing efforts to draft a decree-law on
evictions, and calls on the Government to ensure that any such measures are fully in line
with international human rights obligations.
50.
In the formulation of legislation and policies, the Special Rapporteur urges the
Government to be guided by the United Nations Declaration on the Rights of Indigenous
Peoples, especially articles 8, 10 and 25–29 and article 32, which deals with the right to
land, territories and resources and the obligation not to conduct forced removal, to take
measures for prevention and redress and to ensure free, prior and informed consent.
C.
Conservation and climate change
51.
Traditions and customs on sustainable use and management of lands and resources
remain vibrant across the country. The Special Rapporteur observed how the Government
recognizes the importance of traditions and customs to protect and preserve the natural
resources, the environment and the country’s biodiversity.
18
See http://timor-leste.gov.tl/wp-content/uploads/2011/07/Timor-Leste-Strategic-Plan-2011-20301.pdf.
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