LGBT rights in East Timor

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LocationEastTimor.png
StatusLegal since 1975[1]
DiscriminationNo
Family rights
Recognition of relationshipsNo

Lesbian, gay, bisexual, and transgender (LGBT) people in East Timor (Timor-Leste) may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in East Timor, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.[1]

Timor-Leste is considered a leader on human rights including LGBT rights in Southeast Asia,[2] although no legal protections for LGBT citizens have been enacted into law yet.[3] In 2011, the country signed the "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, condemning violence and discrimination against LGBT people.[4] In July 2017, just 15 years after independence, the nation's first ever pride march was conducted with the support of the Timorese Government.[5] Among the participants of the pride march were LGBT citizens, nuns, religious ministers, tribal folks, students, and government officials.[6][7]

Law regarding same-sex sexual activity[edit]

Same-sex sexual activity has been legal since 1975.[1]

The age of consent in East Timor is 14, per Article 177 of the Penal Code.[8]

Discrimination protections[edit]

There is no legal protection based on sexual orientation or gender identity. There was a clause against discrimination based on sexual orientation included in the original draft of the Timorese Constitution but it was voted out by 52 out of 88 MPs before the Constitution took effect in 2002.[9]

However, since 2009, bias on the basis of sexual orientation has been considered to be an aggravating circumstance in the case of crimes (alongside ethnicity, gender, religion, disability, etc.).[10]

Living conditions[edit]

The Roman Catholic Church has a strong influence in the country and was the main opponent to the constitutional clause to protect LGBT people from discrimination. In 2002, when the clause was discussed in Parliament, a prominent Christian politician said there weren't any gay people in Timor-Leste and called homosexuality a "disease".[11]

Discrimination and violence from family members and the broader society continue to affect LGBT people.[7] A 2017 survey of 57 young lesbian, bisexual and transgender women co-authored by activist Bella Galhos found that 86% of the respondents had experienced both physical and psychological violence.[12]

Advocacy and activism[edit]

On 29 June 2017, the first pride parade in East Timor took place in the capital city of Dili with reportedly 500 people in attendance.[13] A Catholic nun spoke at the beginning of the event.[2] The same week, Prime Minister Rui Maria de Araújo declared that "discrimination, disrespect and abuse towards people because of their sexual orientation or gender identity does not provide any benefit to our nation."[2][14]

Activists continue to speak about violence against LGBT people on a regular basis.[15][16] In April 2018, the Timorese community organization Hatutan launched a documentary on acceptance of LGBT people within their families, entitled "Dalan ba Simu Malu" (The Road to Acceptance). The launch was attended by former President and Prime Minister Xanana Gusmao and representatives of several embassies and organizations.[17][7]

The second pride parade was held on 20 July 2018 in Dili. About 1,500 people participated, three times that of the previous year. The event began with a screening of the aforementioned documentary "Dalan ba Simu Malu", and followed with a march led by a local band who played traditional Timorese resistance songs.[18]

Human rights reports[edit]

2017 United States Department of State report[edit]

In 2017, the United States Department of State reported the following, concerning the status of LGBT rights in East Timor:

  • Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
    "The constitution and law are silent on same-sex relations and other matters of sexual orientation and gender identity. The PDHJ worked with civil society organization CODIVA (Coalition on Diversity and Action) to increase awareness in the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community regarding processes available for human rights complaints. While physical abuse in public or by public authorities was uncommon, LGBTI persons were often verbally abused and discriminated against in some public services, including medical centers. CODIVA noted that transgender members of the community were particularly vulnerable to harassment and discrimination. A November study conducted for Rede Feto, a national women’s advocacy network, with lesbian and bisexual women and transgender men in Dili and Bobonaro documented the use by family members of corrective rape, physical and psychological abuse, ostracism, discrimination, and marginalization against LGBTI individuals. Access to education was limited for some LGBTI persons who were removed from the family home or who feared abuse at school. Transgender students were more likely to experience bullying and drop out of school at the secondary level. In June members of civil society organized Timor-Leste’s first-ever Pride March in Dili. The march included participation from students, activists, and a representative of the Prime Minister’s Office. Then prime minister Araujo met with LGBTI organizations and called for acceptance of LGBTI individuals on his official Facebook and Twitter accounts."[19]
  • Discrimination with Respect to Employment and Occupation
    "There is no specific protection against discrimination based on sexual orientation."[19]

Summary table[edit]

Same-sex sexual activity legal Yes (Since 1975)
Equal age of consent (14) Yes (Since 1975)
Anti-discrimination laws in employment only No
Anti-discrimination laws in the provision of goods and services No
Anti-discrimination laws in all other areas (Incl. indirect discrimination, hate speech) No
Hate crime laws include sexual orientation Yes (Since 2009)
Same-sex marriages No
Recognition of same-sex couples No
Stepchild adoption by same-sex couples No
Joint adoption by same-sex couples No
LGBT people allowed to serve openly in the military Emblem-question.svg
Right to change legal gender No
Access to IVF for lesbians No
Commercial surrogacy for gay male couples No
MSMs allowed to donate blood No

See also[edit]

References[edit]

  1. ^ a b c State-sponsored Homophobia A world survey of laws prohibiting same sex activity between consenting adults Archived 19 July 2013 at WebCite
  2. ^ a b c Timor Leste PM comes out supporting LGBTI rights GayStarNews
  3. ^ Reuters. "East Timor Offers Hope for LGBT Rights". VOA. Retrieved 2018-04-13.
  4. ^ "Over 80 Nations Support Statement at Human Rights Council on LGBT Rights » US Mission Geneva". Geneva.usmission.gov.
  5. ^ Beh Lih Yi (20 July 2017). "Asia's youngest nation offers glimmer of hope for LGBT rights". Reuters.
  6. ^ "This tiny Southern Asian country just held its first pride parade". Mashable. 4 July 2017.
  7. ^ a b c Raynor, Sophie. "Behind Timor-Leste's Pride - New Naratif". New Naratif. Retrieved 12 June 2018.
  8. ^ Timor-Leste: Penal Code (approved by Decree-Law No. 19/2009) (WIPO Lex)
  9. ^ Sexual Orientation Clause Removed From Constitution
  10. ^ Article 52 of the Penal Code, page 3
  11. ^ "Homosexuality in East Timor". www.easttimorlawandjusticebulletin.com. Retrieved 2018-04-13.
  12. ^ Galhos, Bella; Saeed, Iram. "A Research Report on the Lives of Lesbian and Bisexual Women and Transgender Men in Timor-Leste". aseansogiecaucus.org. ASEAN SOGIE CAUCUS. Retrieved 12 June 2018.
  13. ^ Ng, Yi Shu. "This tiny Southeast Asian country just held its first pride parade". Mashable. Retrieved 2017-07-05.
  14. ^ "East Timor holds first LGBTQ pride parade". NBC News. Retrieved 2017-07-05.
  15. ^ One Young World (2017-10-25), From hatred to acceptance: ending violence against LGBTI persons in Timor Leste | Natalino Gutterres, retrieved 2018-04-13
  16. ^ TEDx Talks (2017-10-18), Why we seldom hear about LGBTI Women in a male-dominated society? | Bella Galhos | TEDxDili, retrieved 2018-04-13
  17. ^ Power, Shannon (13 April 2018). "East Timor's LGBTI community keeps getting stronger together". Gay Star News. Retrieved 13 April 2018.
  18. ^ Asia's Youngest Nation Celebrates 2nd LGBT Parade, Voice of America News, 25 July 2018
  19. ^ a b TIMOR-LESTE 2017 HUMAN RIGHTS REPORT This article incorporates text from this source, which is in the public domain.

External links[edit]