A/HRC/42/37/Add.2 traditional practices. International experiences have shown that when traditional leaders’ support was gained for initiatives in support of women’s rights, these achieved more longterm acceptance and legitimacy as they were attached to existing community values and practices. 10 35. During her visit, the Special Rapporteur spoke to several women who related how better awareness of women’s rights within the customary justice system had improved their situation, for example by reducing early marriage and dowries11 and enabling girls to gain better access to education. Women also noted that they participate actively in customary justice processes at the suco level. While it is true that in most instances traditional authorities in the country are men, studies show that there is significant community acceptance of increasing the participation of women in the customary justice system. 12 36. Customary justice practices by indigenous peoples are not static, and the Special Rapporteur has observed in various countries that indigenous communities are generally open to incorporating human rights guarantees in their practices. Such change needs to come from within indigenous communities but can be encouraged by increased awarenessraising of international and national legal standards through culturally appropriate dialogue. In this regard, the Special Rapporteur notes that a constructive dialogue between both systems will help address their respective shortcomings and increase knowledge of procedures and best practices in both systems. The Special Rapporteur has witnessed many examples across the world, including in her own country, the Philippines, and in Latin America, where the two systems can act in a mutually reinforcing manner. The Special Rapporteur will dedicate her thematic report to the Human Rights Council at its fortysecond session to exploring this issue in more detail. 37. Furthermore, during her visit the Special Rapporteur witnessed in several locations, and through discussions with community members, how indigenous traditional knowledge and customary justice regulations, whether oral or in writing, have contributed to important forest and marine conservation outcomes. She also learned about how customary practices were incorporated into transitional justice measures by the Commission on Reception, Truth and Reconciliation through the concept of nahe biti,13 which means “rolling out the mat”, experiences from which valuable lessons can be learned. 38. The Special Rapporteur welcomes the measures announced by the Timor-Leste Government to develop a hybrid justice system inclusive of cultural traditions, 14 and its intention to undertake participatory consultations with communities across the country on how the formal and customary justice systems can harmonize their coexistence and strengthen their contribution to ensuring access to justice for all. She looks forward to continuing her engagement with the Government on this matter through technical assistance. Ensuring justice for all is a key objective of Sustainable Development Goal 16 and Timor-Leste could provide important lessons for other countries. B. Land, territories and resources 39. Most Timorese depend on subsistence farming, and over 90 per cent of the lands in Timor-Leste are governed through customary land tenure systems (rai lisan). Customary practices and traditions that govern property ownership and management in Timor-Leste date back to before the Portuguese colonization. 10 11 12 13 14 Kovar, “Customary law and domestic violence in Timor-Leste” p. 33. Raised as concerns by the Committee on the Elimination of Discrimination against Women (CEDAW/C/TLS/CO/2-3, para. 14) and the Committee on the Rights of the Child (CRC/C/TLS/CO/2-3, para. 22). Kovar, “Customary law and domestic violence in Timor-Leste”, p. 18. D. Babo-Soares, “‘Nahe biti’: the philosophy and process of grass-roots reconciliation (and justice) in East Timor”, Asia Pacific Journal of Anthropology, vol. 5, No. 1 (2004), pp. 15–33. Remarks by Fidelis Magalhães, Minister for Legislative Reform and Parliamentary Affairs, at a seminar on culture, custom and rights in Timor-Leste (Dili, 11 April 2019). 7