United Nations

A/HRC/34/11

General Assembly

Distr.: General

28 December 2016

 

Original: English

Human Rights Council

Thirty-fourth session

27 February-24 March 2017

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review *

Timor-Leste

Contents

Page

Introduction3

I.Summary of the proceedings of the review process3

A.Presentation by the State under review3

B.Interactive dialogue and responses by the State under review6

II.Conclusions and/or recommendations12

Annex

Composition of the delegation23

Introduction

1.The Working Group on the Universal Periodic Review, established in accordance with Human Rights Council resolution 5/1, held its twenty-sixth session from 31 October to 11 November 2016. The review of Timor-Leste was held at the 8th meeting, on 3 November 2016. The delegation of Timor-Leste was headed by the Minister of Justice, Ivo Jorge Valente. At its 13th meeting, held on 8 November 2016, the Working Group adopted the report on Timor-Leste.

2.On 12 January 2016, the Human Rights Council selected the following group of rapporteurs (troika) to facilitate the review of Timor-Leste: China, the Netherlands and South Africa.

3.In accordance with paragraph 15 of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents were issued for the review of Timor-Leste:

(a)A national report submitted/written presentation made in accordance with paragraph 15 (a) (A/HRC/WG.6/26/TLS/1);

(b)A compilation prepared by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b) (A/HRC/WG.6/26/TLS/2);

(c)A summary prepared by OHCHR in accordance with paragraph 15 (c) (A/HRC/WG.6/26/TLS/3).

4.A list of questions prepared in advance by Mexico, Spain and the United Kingdom of Great Britain and Northern Ireland was transmitted to Timor-Leste through the troika. These questions are available on the extranet of the universal periodic review.

I.Summary of the proceedings of the review process

A.Presentation by the State under review

5.The head of the Timor-Leste delegation, Ivo Valente, expressed deep gratitude to the United Nations for its role in promoting human rights in Timor-Leste, and welcomed the universal periodic review as an opportunity to engage in open and constructive dialogue and to reaffirm the commitment of Timor-Leste to respect, protect and promote human rights.

6.Following a tumultuous history marked by the destruction and absolute decapitalization of the country’s technical, human and financial resources, in just over a decade, Timor-Leste had transformed into an ideal of democracy, characterized by free and fair elections, a multiparty structure, decentralized power and participatory policies promoting equal rights, greater representation of women in decision-making processes, and freedom of expression, information and assembly.

7.Despite the withdrawal of the United Nations Integrated Mission in Timor-Leste in 2012, the Timorese authorities had continued to benefit from cooperation with United Nations bodies, particularly since the first periodic review. Timor-Leste had adopted numerous structural laws, including the Civil Code, the law on pardon, the law on strike, the Labour Code and the Media Law, created new bodies such as the Forensic Science and Criminal Investigation Police and the Chamber of Auditors, and enhanced efforts to combat corruption through the work of the Anti-Corruption Commission and the newly established Financial Intelligence Unit.

8.The National Parliament had recently approved a law to combat and prevent human trafficking, which set 18 years as the age of majority, a threshold that applied to Penal Code provisions on exploitation, forced marriage, begging and involvement in armed conflict or civil insurrections. The National Parliament had also approved a law to combat drug trafficking.

9.There were several challenges to achieving an independent, fair and transparent justice system that was accessible to all citizens, which had been highlighted by the mass departure of judges in 2014. The newly created Legislative Reform and Justice Sector Commission, renewed dialogue with partners and the adoption of the Strategic Plan of the Justice Sector had helped address deficiencies and promote access to justice for citizens, including those living in remote areas. Cooperation agreements with other members of the Community of Portuguese-speaking Countries were important to Timor-Leste, as was the recently approved initiative to hire foreign magistrates and technical staff to support the courts and the offices of the Attorney General, the Public Prosecutor, the Public Defender and the Chamber of Auditors.

10.To promote a new national narrative of reconciliation, development and economic recovery, and to ensure that its history of conflict was not repeated, Timor-Leste had taken initiatives to preserve collective memory and honour victims of past violence through the creation of a Memorial Institution in accordance with recommendations from the Truth, Reception and Reconciliation Commission and the Commission of Truth and Friendship. Timor-Leste had made efforts to reunite missing persons with their families through family reunification programmes established by the Ombudsman for Human Rights and Justice and the Indonesian Human Rights Commission.

11.The promotion and protection of women’s rights remained a priority, particularly in the areas of education, economics and political participation. In addition to having one of the highest rates of women serving in Parliament in the world, initiatives such as the “100 per cent Hau Prontu” (I am 100 per cent ready) had resulted in a considerable increase in women’s participation in local elections.

12.Efforts had been made to adopt a comprehensive legal framework to provide greater legal and social protection for children, including the draft tutelary and educational law for minors, which was currently under final review, the law on education, the National Education Strategic Plan and the Annual Action Plan of the Ministry of Education, which promoted non-discriminatory, inclusive and universal access to education that was compulsory and free to all children, without exception.

13.The Strategic Development Plan 2011-2030 set goals for national development, including plans to transition to a middle- to high-income country by 2030 through the construction of essential infrastructure, economic diversification and increased investment. Nevertheless, Timor-Leste acknowledged the need to continue its efforts to realize the economic, social and cultural rights of its citizens through specific initiatives to improve health and living conditions, increase access to food, water, sanitation and electricity, and reduce infant mortality.

14.As for foreign relations and international cooperation, Timor-Leste was a donor to Guinea-Bissau and Sao Tome and Principe and had assumed the rotating presidency of the Community of Portuguese-speaking Countries from 2014-2016. It had acceded early on to the Sustainable Development Goals and had played a leading role in the Group of Seven Plus in its efforts to secure the inclusion of Goal 16 in the 2030 Agenda for Sustainable Development and its subsequent implementation.

15.Timor-Leste reaffirmed its commitment to fully guarantee freedom of expression, information, assembly and association and freedom of the press, as demonstrated by State-sponsored training for journalists, funding for media outlets and institutional and legislative initiatives. Recent examples included the establishment of the Timor-Leste News Agency and the adoption of the 2014 Media Law, which defended the freedom of the press and ensured access to information and in accordance with which, the Press Council had been established to regulate the media.

16.While acknowledging criticism of the joint operations of the National Police Force of Timor-Leste and the Armed Forces of Timor-Leste, the delegation confirmed that the initiative had been undertaken in compliance with the Constitution and domestic law. The security forces received formal training on human rights and the operation had been a necessary response to threats to national security by illegal armed groups, including recent attacks on the police in Baguia.

17.The head of the delegation regretted the fact that Timor-Leste had failed to provide timely responses to requests made during the period under review by the Human Rights Council, the treaty bodies, including the Committee on the Elimination of Discrimination against Women, and the special procedure mandate holders, including the special rapporteurs on the independence of judges and lawyers, on the promotion and protection of the right to freedom of opinion and expression, and on the rights to freedom of peaceful assembly and of association. Timor-Leste was working to improve communication channels and was committed to the United Nations system and to implementing the human rights instruments.

18.Timor-Leste was committed to ratifying the international instruments to which it had not yet acceded. However, that would be a gradual process in order to ensure that the conditions necessary for implementation were in place prior to ratification. While it had not formally ratified the Convention on the Rights of Persons with Disabilities, Timor-Leste had nevertheless laid the groundwork for implementing the obligations under the Convention through the adoption of the National Policy for the Inclusion and Promotion of the Rights of Persons with Disabilities and the drafting of the National Mental Health Strategy. Similarly, it had incorporated into its national legal framework a minimum employment age and prohibitions on forced labour, despite not having formally ratified the relevant International Labour Organization (ILO) conventions.

19.Efforts were being made to promote the rights of women, establish gender equality and combat gender-based violence not only through national legislation but also by taking an integrated multisectoral approach. The draft tutelary and educational law for minors was in the final stage of review and had recently been discussed by the Council of Ministers. Action was being taken to combat violence against children, including the implementation of a zero-tolerance policy on corporal punishment in schools.

20.Timor-Leste planned to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Efforts were being made to disseminate information on human rights legislation, including the Law against Domestic Violence. Accountability mechanisms were in place to respond to instances of non-compliance by security forces with human rights obligations. Initiatives were under way to ensure universal and free access to basic education for all children, and to adopt policies guaranteeing inclusive education for girls, persons with disabilities and persons with special needs.

21.Timor-Leste was unequivocally committed to human rights and was ready to openly and positively receive all constructive comments and recommendations from the delegations present. The outcome of the review would doubtless have an extremely positive impact by strengthening the efforts of Timor-Leste to promote human rights.

B.Interactive dialogue and responses by the State under review

22.During the interactive dialogue, 59 delegations made statements. Recommendations made during the dialogue are to be found in section II of the present report.

23.Singapore noted that the Government had established mechanisms to strengthen gender mainstreaming. Singapore welcomed the efforts to increase employment in the country, and remained committed to supporting Timor-Leste through the Singapore Cooperation Programme to help the country achieve its development goals and develop its human capacity.

24.Slovenia acknowledged the efforts of the Government to ensure gender equality, address domestic violence and improve access to quality education. Slovenia regretted that Timor-Leste had not issued a standing invitation to the special procedures. It expressed concern about the number of girls who dropped out of high school and between primary and secondary levels.

25.Spain congratulated the Government for the nutrition programme established in partnership with the United Nations Children’s Fund (UNICEF) and the World Food Programme, and welcomed the new “telenovela” project aimed at raising awareness about domestic violence.

26.Switzerland welcomed the cooperation between the Government and civil society in preparing the national report. It noted the steps taken to reform the judiciary, but remained concerned about the lack of effort to bring to justice those responsible for crimes committed in the past and to fight impunity.

27.Thailand commended Timor-Leste for the efforts it had made to protect the rights of the child by adopting a minimum age for employment and improving child nutrition, including in cooperation with Thai Royal Initiative Projects. Thailand stood ready to provide closer technical cooperation for human rights promotion and sustainable development.

28.Turkey encouraged the Government to increase the effectiveness of the protection mechanism under the Law against Domestic Violence. Turkey appreciated that the Government had established a birth registration system for newborn babies in all municipalities and had prepared an agreement with hospitals to register young children.

29.Uganda noted that the second review of Timor-Leste had been prepared with the support of the United Nations advisory services. It praised the Government for preparing its initial and periodic reports under the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention against Torture. Uganda welcomed the visits of various special procedure mandate holders.

30.Ukraine commended the commitment of Timor-Leste to implementing review recommendations, particularly regarding the strengthening of the judiciary through capacity-building and meritocracy and the good functioning of the Ombudsman.

31.The United Kingdom called on Timor-Leste to ensure that the individuals who had been indicted for international crimes under the United Nations-backed Special Panels for Serious Crimes established in the Dili District Court would face justice. The United Kingdom believed that gender-based violence and gender equality needed to be addressed as priorities.

32.The United States of America was encouraged by the steps taken to prosecute members of the security forces who had used excessive force or inappropriately treated detainees, while considering that impunity remained a problem. It was concerned about the prevalence of gender-based violence and threats to freedom of the press.

33.Uruguay encouraged Timor-Leste to increase its efforts to submit its overdue reports to the treaty bodies and to implement their recommendations. Uruguay expressed concern about the absence of legislation aimed at preventing discrimination on the grounds of sexual orientation and gender identity, which affected lesbian, gay, bisexual and transgender persons.

34.The Bolivarian Republic of Venezuela acknowledged the efforts of Timor-Leste to advance economic, social and cultural rights. It praised the initiatives Timor-Leste had taken to provide adequate housing for vulnerable people and their families and to enforce the Law against Domestic Violence, including the establishment of a protection network for victims.

35.The Philippines appreciated efforts to address gender inequality and domestic violence, including the enactment of several laws and public awareness campaigns. It encouraged Timor-Leste to remain committed to confronting the patriarchal system, as that remained a factor that was denying women opportunities, causing them to face discrimination and be victims of domestic violence in their homes.

36.Afghanistan valued the efforts of the Government to institutionalize human rights through the legal framework, believing it to be the best way to achieve human rights related goals.

37.Algeria welcomed the adoption of a law against violence and ill-treatment and the promotion of gender equality. It acknowledged the establishment of mobile courts and initiatives to protect children and eliminate child labour.

38.Angola welcomed the commitment of Timor-Leste to promoting and protecting human rights, and its cooperation with the international human rights mechanisms. It praised the implementation of the social inclusion programme for persons with disabilities and the establishment of a disability allowance.

39.Argentina noted the development of various human rights plans, and hoped that Timor-Leste would make progress in their implementation. It took note of the measures taken to address impunity and the challenges pending in that regard. It appreciated the fact that work had begun with civil society to combat discrimination on the basis of sexual orientation.

40.Armenia welcomed the steps taken to protect persons with disabilities and the efforts made to improve education. It was concerned at the low number of children enrolled in primary and secondary schools and encouraged the Government to step up efforts to ensure access to education for marginalized groups of children.

41.Australia welcomed efforts to address gender-based violence and to realize economic and social rights, but remained concerned that 42 per cent of the population lived below the poverty line. It welcomed the National Policy for the Inclusion and Promotion of the Rights of Persons with Disabilities, but remained concerned that it had not been executed.

42.Brazil praised the continued efforts to improve the health system. It expressed concern about persistent discrimination on the basis of sex, sexual orientation and gender identity. It invited Timor-Leste to take measures aimed at holding to account individuals responsible for acts of violence against lesbian, gay, bisexual, transgender and intersex persons.

43.Brunei Darussalam noted the National Policy for the Inclusion and Promotion of the Rights of Persons with Disabilities and welcomed the establishment of the National Action Plan for Persons with Disabilities 2014-2018. It also noted the improvements in the health-care system over the past decade.

44.Bulgaria appreciated the establishment of the national commission responsible for drafting a national human rights action plan and a national action plan for children. It expressed concern about violence and discrimination against women, which affected their social, economic, cultural and political rights.

45.Cabo Verde noted the efforts of Timor-Leste to meet its commitments made during the first review cycle, highlighting the Law against Domestic Violence and the establishment of the Office of the Ombudsman.

46.Canada expressed concern about the high rate of domestic violence in Timor-Leste and the problems that rape and sexual abuse victims continued to face in gaining access to justice. It was concerned about the lack of legislation prohibiting discrimination on the basis of sexual orientation, gender identity and intersex status.

47.Chile noted the initiatives undertaken aimed at strengthening institutional capacity to deal with international human rights obligations, including the development of the Strategic Plan for the Justice Sector and the adoption of the Dili Declaration aimed at ensuring equal opportunities for women and children.

48.China appreciated the commitment of Timor-Leste to the promotion of economic and social development and to protecting housing, food, health, education and employment for its people. It highlighted the progress made to eliminate domestic violence and discrimination against women and welcomed the enactment of the National Action Plan for Persons with Disabilities 2014-2018.

49.Costa Rica noted with appreciation that presidential elections had been held in 2012 and that one third of the elected representatives in the National Parliament were women.

50.Cuba highlighted the achievements of Timor-Leste in the areas of education and health. It underlined the enactment of the Law against Domestic Violence and the National Action Plan on Gender-based Violence and the creation of the National Commission against Child Labour.

51.Timor-Leste stated that it had a holistic plan for ensuring gender equality, based on Security Council resolution 1325 (2000) and its own Strategic Development Plan 2011-2030. A comprehensive action plan had been adopted for the protection of women’s rights and the prevention of discrimination against them in line with the Dili Declaration on women, peace and security, the Convention on the Elimination of All Forms of Discrimination against Women, and the recommendations of the Working Group on the Universal Periodic Review. In addition to promoting gender equality, the aim of the plan was to empower both women and girls in building a modern, economically developed society. In addition to the Law against Domestic Violence, there was the National Action Plan on Gender-based Violence. The Government recognized the importance of raising awareness of gender-based violence among community leaders and law enforcement officials, and a training course on the prevention of domestic violence had been held for police officers, community focal points and village chiefs.

52.The impact of early pregnancy on educational opportunities for girls and their right to education was well recognized. Currently, 7 per cent of girls aged between 15 and 19 became pregnant or already had a child. Provision had been made for those girls to sit their school examinations at Ministry of Education premises in Dili, so avoiding both examination failure and social constraints. Afterwards, the girls could rejoin the ordinary education system through adult classes.

53.Since 2010, police officers and members of the military and security services had been held accountable for human rights violations and had been given human rights training. The Office of the Ombudsman had organized a human rights course, in conjunction with the United Nations. The Ministry of Justice had a national action plan in preparation, subject to public consultation, for the monitoring of human rights by public bodies, churches and civil society.

54.Denmark welcomed the commitment made by Timor-Leste during the first review to ratify the Optional Protocol to the Convention against Torture and expressed the hope that the Government would take the steps necessary for its ratification. Denmark asked about the status and prospects for final ratification of the instrument.

55.France welcomed the delegation of Timor-Leste and made recommendations.

56.Germany welcomed the progress made with regard to the rights of persons with disabilities. It regretted that Timor-Leste had not yet ratified the Convention on the Rights of Persons with Disabilities. Germany was concerned that violence against women remained widespread and that domestic laws still did not fully align with the Convention on the Elimination of All Forms of Discrimination against Women.

57.Guatemala noted the progress made in the promotion and protection of human rights. It also noted that the Office of the Ombudsman was not provided with sufficient financial and human resources, which affected the fulfilment of its mandate.

58.Haiti noted the progress made in terms of access to justice, basic health services and the formal job market.

59.Indonesia stated its full commitment to forward-looking bilateral relations with Timor-Leste. It commended Timor-Leste for its efforts to further implement the recommendations of the two States’ Commission of Truth and Friendship. Indonesia welcomed the fact that the national human rights institution had maintained A status, and the new draft law on human trafficking.

60.Iraq praised the efforts of Timor-Leste to promote and protect human rights nationwide and the adoption of the Dili Declaration, which called for the empowerment of women and for gender equality. Iraq also praised the inclusion of constitutional provisions aimed at protecting children from discrimination.

61.Italy welcomed the Dili Declaration and the commitment of Timor-Leste to implementing a gender action plan in all the municipalities. Italy noted that the Strategic Development Plan 2011-2030 aimed at providing information about the negative impact of early marriage on local communities.

62.Japan commended Timor-Leste for its emphasis on human rights in its national policies and the many human rights provisions included in the Constitution. While appreciating the adoption of the Law against Domestic Violence, Japan continued to be concerned at the prevalence of violence against women and girls, and at the high number of girls who dropped out of school in Timor-Leste.

63.The Lao People’s Democratic Republic welcomed the efforts made to combat domestic violence and gender disparities and to address human trafficking by strengthening the judicial system with a view to protecting the rights of vulnerable groups, including women and children. It encouraged Timor-Leste to ratify the Convention on the Rights of Persons with Disabilities.

64.Libya welcomed the efforts made to implement many of the recommendations on the promotion of respect for human rights and the rule of law that had been accepted during the first review cycle.

65.Madagascar welcomed the efforts made to respect international human rights instruments and the adoption of the Labour Code, which guaranteed equality of opportunities and equal treatment in employment. It also welcomed the progress made in the fields of social, economic and cultural rights.

66.Malaysia noted efforts to strengthen the judicial system, overcome discrimination and violence against women and reduce unemployment. It also noted positive results from the establishment of mobile courts.

67.Maldives welcomed the implementation of recommendations from the previous review cycle, in particular those related to birth registration, which had led to better child protection and social services. It stated that strengthening the Ombudsman for Human Rights and Justice was essential to ensure the rule of law.

68.Mexico welcomed the establishment of the national vaccination programme for children aged between 0 and 9 years old, and the establishment of mobile courts to facilitate access to justice for all sectors of the population.

69.Mongolia welcomed efforts to strengthen the institutional capacity and financial independence of the Ombudsman for Human Rights and Justice. It also welcomed the steps taken to promote gender equality, combat domestic violence and protect the rights of children, young people and persons with disabilities.

70.Montenegro welcomed efforts to develop a national human rights action plan and to include specific provisions in the Constitution and other laws to protect children from discrimination. It expressed concern that certain groups of children were still being discriminated against regarding access to education and other services.

71.Mozambique noted efforts to curb domestic and gender-based violence. It welcomed the Dili Declaration on investing in women and children. It appealed to the international community to provide technical assistance and capacity-building support to Timor-Leste.

72.Myanmar welcomed the National Action Plan for Persons with Disabilities and the introduction of a disability allowance to create favourable conditions for persons with disabilities. It also welcomed the establishment of the National Commission on the Rights of the Child.

73.Namibia welcomed the establishment of the national commission responsible for preparing a national human rights action plan. It requested Timor-Leste to share the progress made in implementing the national action plans on gender-based violence and for zero hunger.

74.Nepal welcomed the fact that Timor-Leste had submitted reports to the treaty bodies, its National Action Plan for Persons with Disabilities, and the plans to develop a national human rights action plan and an action plan on children’s rights. It praised efforts to combat discrimination and violence against women and to promote gender equality.

75.The Netherlands regretted reports of excessive use of force, ill-treatment and arbitrary arrest by members of the police and the military, and the fact that information on investigations into the allegations and their outcomes was unavailable. It expressed concern about the high maternal mortality rate, while welcoming the draft plan of action for emergency obstetric and newborn care 2016-2019.

76.New Zealand noted that access to education for all had almost been achieved. It recognized the unacceptably high rate of violence against women and children. It welcomed the National Policy for the Inclusion and Promotion of the Rights of Persons with Disabilities.

77.Norway recognized efforts to achieve increased political participation of women in the National Parliament and in local and regional elections. It noted that women continued to suffer disproportionately from domestic violence.

78.Pakistan welcomed the establishment of the national commission responsible for developing a national action plan for children. It also welcomed the development of various national action plans and laws, such as the Law against Domestic Violence.

79.Panama welcomed the efforts taken to combat trafficking, including the bill on the prevention, suppression and punishment of trafficking in persons, which specifically addressed child victims and witnesses.

80.Viet Nam welcomed the establishment of new laws, policies and institutions, especially those focusing on vulnerable groups. Viet Nam encouraged further regional and international integration of Timor-Leste in that regard.

81.Portugal welcomed the progress made on the ratification of international human rights instruments and the visits of special procedure mandate holders to the country.

82.The Republic of Korea welcomed the establishment by Timor-Leste of various human rights mechanisms since its independence. The Republic of Korea highlighted its provision of official development assistance to Timor-Leste in the areas of health and education and expressed its willingness to contribute to the further improvement of basic infrastructure.

83.Senegal welcomed the measures taken to promote the rights of persons with disabilities and to combat impunity, with an emphasis on victims.

84.The Sudan acknowledged the efforts of the Government to promote and protect the human rights of its citizens. It also welcomed the ratification of the ILO core conventions and the fact that the Government ensured access to education for all.

85.Timor-Leste welcomed the recognition of the progress it had made in terms of respect for human rights, and of the challenges it faced. It had supported the first Human Rights Council resolution on lesbian, gay, bisexual, transgender and intersex rights, and was tackling the relevant issues in terms of access to services and job placement. The Ministry of Justice was seeking additional funding for the Ombudsman for Human Rights and Justice in order to enable it to fulfil its mandate in accordance with the law and the Constitution. It currently received US$ 1.4 million a year from the State budget. Concerning the protection of children’s rights, a number of draft legal instruments were awaiting parliamentary approval, including an act on juvenile justice and another on specific educational provision for juvenile offenders in custody and young people at risk, as well as provision for the social protection of abandoned children and vulnerable orphans. A national action plan on children’s rights had been adopted. Priority programme No. 6 in the current National Education Strategic Plan focused on social inclusion and equal access for girls to education and skills training, which was essential in a country where half the population was under the age of 19.

86.The Government was striving to bring health services close to the people, through a network of primary health-care centres at municipal level and in all villages, backed up by mobile clinics. The centres provided treatment, immunizations and nutritional support. They also improved women’s access to antenatal care and encouraged them to give birth in regular health facilities. While incest was not yet criminalized as such, the Penal Code formally prohibited the sexual abuse of minors and rape, the latter being punishable by imprisonment for 5 to 20 years. Perpetration of those offences by a family member was considered an aggravating factor. Information campaigns were conducted to raise public awareness about those issues.

87.Great strides had been made in the registration of births since 2011. The Code of Civil Registration defined the legal arrangements for registration and authorized village chiefs and parishes to notify birth registration offices of births in their districts.

88.Timor-Leste remained willing to cooperate with the Human Rights Council and to receive reports on its compliance with human rights instruments.

II.Conclusions and/or recommendations **

89. The following recommendations will be examined by Timor-Leste, which will provide responses in due time, but no later than the thirty-fourth session of the Human Rights Council.

89.1 Continue the ratification process of the main international human rights instruments (Italy);

89.2 Proceed with the early ratification of the remaining important international human rights treaties, in particular the Convention on the Rights of Persons with Disabilities and the International Convention for the Protection of All Persons from Enforced Disappearance (Japan);

89.3 Ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (Portugal); Ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and accept its procedures on investigation and communications between States (Uruguay);

89.4 Ratify the First Optional Protocol to the International Covenant on Civil and Political Rights (Portugal);

89.5 Implement the recommendations made in 2015 by the Committee on the Elimination of Discrimination against Women (Switzerland);

89.6 Ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Senegal);

89.7 Ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Cabo Verde) (Costa Rica) (Denmark) (Guatemala) (Montenegro) (Portugal) (Ukraine);

89.8 Consider ratifying the International Convention for the Protection of All Persons from Enforced Disappearance and the Convention on the Rights of Persons with Disabilities, which will help to enhance the enjoyment of human rights and fundamental freedoms in all aspects of life (Panama);

89.9 Ratify the International Convention for the Protection of All Persons from Enforced Disappearance (Angola) (Cabo Verde) (Costa Rica) (Iraq) (Uruguay);

89.10 Strengthen its legal framework by acceding to the International Convention for the Protection of All Persons from Enforced Disappearance and the Convention on the Rights of Persons with Disabilities, and by ensuring that the national legislation is in accordance with the provisions of the Rome Statute of the International Criminal Court (France);

89.11 Consider ratifying the Convention on the Rights of Persons with Disabilities (Bulgaria) (Pakistan);

89.12 Consider ratifying the Convention on the Rights of Persons with Disabilities and continue its efforts to implement the National Action Plan on Persons with Disabilities 2014-2018 (Sudan);

89.13 Sign and ratify the Convention on the Rights of Persons with Disabilities (Turkey);

89.14 Ratify the Convention on the Rights of Persons with Disabilities (Algeria) (Angola) (Costa Rica) (Guatemala) (Madagascar) (Mongolia) (Ukraine) (Uruguay);

89.15 Ratify the Convention on the Rights of Persons with Disabilities, as previously recommended (Slovenia); Ratify the Convention on the Rights of Persons with Disabilities as soon as possible (Spain); Ratify the Convention on the Rights of Persons with Disabilities without further delay (Germany); Ratify the Convention on the Rights of Persons with Disabilities in due course to strengthen its implementation framework in line with the Convention (Thailand);

89.16 Ratify the Convention on the Rights of Persons with Disabilities, pursuant to the Human Rights Council recommendations (Iraq);

89.17 Implement its commitment under the first universal periodic review to ratify the Convention on the Rights of Persons with Disabilities, ensuring the rights and voices of people with a disability lead this process (Australia);

89.18 Ratify immediately the Convention on the Rights of Persons with Disabilities, and establish the planned national council on disability after, rather than prior to, ratification to ensure a speedy ratification process (Canada);

89.19 Ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol (Mexico);

89.20 Finalize its ratification of the Convention on the Rights of Persons with Disabilities, and actively address the needs of persons with disabilities especially in remote areas of the country (New Zealand);

89.21 Take further steps to consider adhering to the Convention on the Rights of Persons with Disabilities (Viet Nam);

89.22 Expedite the process for ratifying the Convention on the Rights of Persons with Disabilities in line with Timor-Leste’s National Action Plan for Persons with Disabilities 2014-2018 (Indonesia);

89.23 Accede to the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness (Australia);

89.24 Ratify the Convention on the Prevention and Punishment of the Crime of Genocide (Armenia);

89.25 Ratify the Kampala Amendments to the Rome Statute (Switzerland);

89.26 Ratify, without reservations, the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity (Uruguay);

89.27 Bring its national legislation into line with the Rome Statute, including by incorporating provisions to promptly and fully cooperate with the International Criminal Court (Guatemala);

89.28 Ratify the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity (Armenia);

89.29 Consider ratifying the ILO Domestic Workers Convention, 2011 (No. 189) (Philippines);

89.30 Ensure that all legal documents, including legislation and draft legislation, are available in both Tetum and Portuguese (Ukraine);

89.31 Strengthen the rule of law by conforming the national legislation to the Rome Statute of the International Criminal Court and by strengthening the accountability mechanisms, as well as ensuring that legislation, bills and other legal documents are accessible to the population (Uruguay);

89.32 Revise the Penal Code and the legislative framework in accordance with the Rome Statute of the International Criminal Court and other international obligations of Timor-Leste (Switzerland);

89.33 Prioritize the approval of the draft law on reparations (United Kingdom of Great Britain and Northern Ireland);

89.34 Continue reviewing the legislation that has discriminatory consequences on women (Italy);

89.35 Complete the children’s code with the inclusion of specific provisions for the protection of children from discrimination, abuse, exploitation, neglect and violence (Portugal);

89.36 Enact comprehensive anti-trafficking legislation to ensure that everyone, including those under 18, is protected in accordance with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Canada);

89.37 Implement the Media Law in line with all obligations under international human rights law (Norway);

89.38 Consider reviewing the provisions in its Penal Code which contain punitive measures against women who have undergone illegal abortions (Norway);

89.39 Continue working for the neediest sectors of the population, by strengthening social policies (Bolivarian Republic of Venezuela);

89.40 Strengthen training for the police on human rights norms and standards, including the procedures to be used during security operations (Chile);

89.41 Continue efforts to increase training on human rights for members of the police and defence forces (Libya);

89.42 Intensify existing efforts and take additional administrative and legislative measures necessary to ensure birth registration of all children born in Timor-Leste, particularly those born in homes (Mexico);

89.43 Continue to adopt measures to increase the rate of issuance of birth certificates, especially in rural areas, while introducing specific measures to register migrant children at birth (Turkey);

89.44 Continue implementing the Dili Declaration, entitled “Invest in women and children — invest in equality”, endorsed by the National Parliament, the Government, the Church and civil society (Cuba);

89.45 Continue to protect vulnerable groups, particularly children and women (Senegal);

89.46 Provide adequate funding and human resources to its national human rights institution to enable it to fully implement its mandate (Philippines);

89.47 Strengthen and adequately fund the Ombudsman in conformity with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles) (Costa Rica);

89.48 Provide the Ombudsman for Human Rights and Justice with sufficient financial independence in order to guarantee its conformity with the Paris Principles (Guatemala);

89.49 Give continuity to strengthening of national human rights institutions and mechanisms (Nepal);

89.50 Consider adopting an integrated national human rights action plan as general guidance and a point of reference for various thematic national action plans (Indonesia);

89.51 Develop a national human rights action plan, and further promote the development of human rights in the country (China);

89.52 Effectively implement the national action plan on human rights to promote and protect the most vulnerable groups including women, children and persons with disabilities (Republic of Korea);

89.53 Finalize the elaboration of the national action plans on children’s and human rights (Cuba);

89.54 Allocate sufficient resources and adopt effective measures to further establish and implement national strategies on human rights, including a national action plan on human rights, an action plan on children’s rights, the National Action Plan on Gender-based Violence and the national action plan for zero hunger (Viet Nam);

89.55 Implement the National Action Plan on Gender-based violence and the national action plan for zero hunger (Sudan);

89.56 Adopt a national plan of action for children’s rights and provide the National Commission on the Rights of the Child with the necessary resources (Turkey);

89.57 Finalize and implement the child and family welfare system policy (Turkey);

89.58 Adopt a national plan of action for the rights of children (Algeria);

89.59 Establish a national implementation action plan, with the special mandate to keep girls in schools, particularly in rural areas, provide for their specific needs and help them in secondary education (Haiti);

89.60 Continue consultations aimed at establishing a national disability council and develop a clear and integrated strategy on rehabilitation needs (Chile);

89.61 Finalize the creation and facilitate the functioning of a national council for persons with disabilities (Maldives);

89.62 Continue utmost efforts to implement effectively the National Action Plan for Persons with Disabilities (Myanmar);

89.63 Continue its efforts to implement the accepted recommendations from the first review (Uganda);

89.64 Submit all overdue reports to treaty bodies as soon as possible (Ukraine);

89.65 Submit reports to the international human rights treaty bodies (Iraq);

89.66 Submit outstanding reports to the respective treaty bodies (Portugal);

89.67 Exert further efforts to submit the periodic reports to the treaty bodies (Sudan);

89.68 Issue a standing invitation to special procedure mandate holders (Bulgaria); Extend a standing invitation to the special procedures of the Human Rights Council (Turkey); Issue a standing invitation to all United Nations special procedure mandate holders (Guatemala) (Portugal); Extend a standing invitation to all special procedure mandate holders (Montenegro) (Republic of Korea);

89.69 In line with the recommendation by the Committee on the Elimination of Discrimination against Women, consider introducing legislation which includes a definition of discrimination against women in accordance with article 1 of the Convention on the Elimination of All Forms of Discrimination against Women (Namibia);

89.70 Continue to implement policies and programmes to promote gender equality and to provide more opportunities for women to improve their social, economic and political standing in society (Singapore);

89.71 Adopt specific gender equality legislation in line with the provisions of the Convention on the Elimination of All Forms of Discrimination against Women, including by defining discrimination against women in accordance with article 1 of the Convention (Slovenia);

89.72 Take measures to eliminate discrimination against women, especially on the issuesof violence, land rights, right to work, right to education and other forms of gender inequality (Spain);

89.73 Intensify efforts to recognize and highlight the contribution of women to national economic, social and political development, lift women out of poverty and provide victims of violence against women with adequate protection and recourse to justice (Malaysia);

89.74 Continue implementing policies to protect the rights of women and girls, including legal actions against violence and discrimination (Pakistan);

89.75 Bring the Civil Code into full conformity with its international obligations and commitments, including the Convention on the Elimination of All Forms of Discrimination Against Women, to ensure that civil partnerships and de facto non-traditional or non-Catholic marriages are recognized by the Civil Code and that women have equal rights as men in matters of inheritance and landownership (Canada);

89.76 Strengthen the legal framework in order to ensure gender equality and ban discrimination on the grounds of sexual orientation and gender identity (Chile);

89.77 Develop and adopt legal and administrative measures to investigate and punish acts of discrimination, stigmatization and violence against lesbian, gay, bisexual, transgender and intersex persons (Argentina);

89.78 Implement actions to improve the relationship between the security forces, judicial bodies and civil society, specifically with regard to arbitrary detention, excessive use of force during arrest, judicial due process, abuse of power and torture, and allocate the necessary resources to ensure that the aforementioned abuses do not remain unpunished (Spain);

89.79 Recognize the legitimacy of the work of human rights defenders and provide themwith protection, and avoid arbitrary arrests and reprisals, investigate threats or attacks against them and bring those responsible to justice (Uruguay);

89.80 Adopt measures to prevent arbitrary detention and to avoid excessive use of force by security forces (Costa Rica);

89.81 Finalize the adoption of the National Action Plan on Gender-based Violence (Turkey);

89.82 Finalize the National Action Plan on Gender-based Violence and allocate sufficient resources to it to ensure its implementation (United Kingdom of Great Britain and Northern Ireland);

89.83 Continue with the development of programmes for the reintegration of victims of gender-based violence, the provision of psychosocial support and public awareness (Bolivarian Republic of Venezuela);

89.84 Designate a central high-level agency responsible for implementing the National Action Plan on Gender-based Violence and ensure adequate budget is allocated to seriously tackle widespread and intergenerational rates of child abuse and violence against women (Australia);

89.85 Implement the National Action Plan on Gender-based Violence, including by improving access to justice for victims, providing targeted training and capacity-building to law enforcement and judicial officials, and dedicating sufficient resources to enable key ministries to implement the Action Plan and increase coordination (Canada);

89.86 Continue efforts to counter violence against women and to promote equality between women and men, including by conducting awareness-raising programmes for the public on the subject (France);

89.87 Accelerate the implementation of the National Action Plan on Gender-based Violence as well as action plans in favour of women and persons with disabilities (Madagascar);

89.88 Ensure implementation of the second phase of the National Action Plan on Gender-based Violence and continue efforts to improve access to justice and shelter for victims of abuse (Norway);

89.89 Work with civil society and local authorities to address domestic and sexual violence and provide the national police’s Vulnerable Persons Unit with sufficient resources to maintain an adequate presence around the country (United States of America);

89.90 Strengthen the implementation of policies to fight domestic violence (Angola);

89.91 Continue to strengthen its measures to counter human rights violations against women and girls, in particular domestic violence, and at the same time enhance its measures to promote the social participation of women and girls (Japan);

89.92 Make urgent strides towards decreasing domestic violence by ensuring that laws, policies and practices in relation to domestic violence are in line with Timor-Leste’s obligations under the Convention on the Elimination of All Forms of Discrimination against Women, and ensure law enforcement officials receive training to implement these laws (New Zealand);

89.93 Effectively implement laws concerning sexual and gender-based violence by providing the human, financial and institutional resources necessary and ensure the conformity of domestic laws, policies and practices with the Convention on the Elimination of All Forms of Discrimination against Women (Germany);

89.94 Strengthen the measures for the protection of the rights of the child, also in order to prevent the practice of early marriage (Italy);

89.95 Finalize the adoption of the National Action Plan on Gender-based Violence and Human Trafficking (Bulgaria);

89.96 Ensure access to justice for all the population, especially for victims of sexual and gender-based violence (Uruguay);

89.97 Ensure the implementation of already ratified international conventions in the spheres of women’s and children’s rights, including those related to combating violence against them (Ukraine);

89.98 Step up measures to fight violence against children, particularly through the implementation of the prohibition of all corporal punishment in all settings, including within the family, in alternative care settings and schools, as set out in the draft children’s code (Brazil);

89.99 Continue the efforts undertaken to protect children from violence, neglect and abuse, including by adopting the children’s code, and to ensure that the national strategy for the protection of children 2011-2030 will be effectively implemented (France);

89.100 Combat all forms of violence against and exploitation of children including incest, human trafficking and human organ trafficking, ensure their access to justice, and provide rehabilitation of victims into the society (Malaysia);

89.101 Strengthen the framework of protection of the rights of children, in particular by adopting legislative and programmatic measures to prevent and punish sexual abuse, exploitation and violence against them, as well as measures to facilitate access to legal assistance, and medical and psychological support to victims of these crimes (Mexico);

89.102 Further strengthen its measures to protect children and youths from all forms of violence (Myanmar);

89.103 Strengthen its laws dealing with trafficking in persons (Uganda);

89.104 Promote judicial reforms and continue reducing the number of annual pending cases (China);

89.105 Take further steps to effectively implement the Justice Sector Strategic Plan, including through intensifying the network of courts in municipalities (Viet Nam);

89.106 Strengthen the justice system by establishing legislative and administrative measures to safeguard the independence of judges and lawyers, as well as by adopting measures to ensure and promote the access of all people, particularly rural women, to justice, legal assistance, psychological support and reparation (Mexico);

89.107 Further strengthen the judicial institutions and expand the use of mobile courts (Mongolia);

89.108 Establish permanent courts in all 13 municipalities to increase access to justice, particularly in rural areas (Haiti);

89.109 Further advance in the area of reparations for victims of human rights violations, including the awareness-raising of the population about the situation faced by these persons (Argentina);

89.110 Strengthen efforts to bring security sector members to justice in cases of excessive use of force or inappropriate treatment of detainees (United States of America);

89.111 Ensure that violations committed by members of the security forces are subject to judicial proceedings (France);

89.112 Take effective measures to prevent human rights violations by the military and security forces, such as further training and establishing more transparent mechanisms for investigating violations (Germany);

89.113 Conduct immediate, impartial and exhaustive investigations into all allegations of excessive use of force, ill-treatment and arbitrary arrest by all law enforcement agencies, and strengthen accountability mechanisms (Netherlands);

89.114 Reconsider the decision to expel judges, prosecutors and other foreign professionals who are assisting in the judicial reform of Timor-Leste (Spain);

89.115 Accelerate the process of drafting and ratification of the law on victims’ reparations as well as the establishment of the memorial institution as per the National Parliament action plan (Afghanistan);

89.116 Continue to give priority to implementing the Truth, Reception and Reconciliation Commission and Commission of Truth and Friendship recommendations regarding victims’ rights to justice, truth and reparations (New Zealand);

89.117 Prioritize and resolve past crimes, through accelerating the discussion and approval of draft laws on reparations and the memory institute (Norway);

89.118 Continue strengthening the initiatives taken for the observance of the rights and responsibilities of children and adolescents in conflict with the law (Bolivarian Republic of Venezuela);

89.119 Implement actions with a comprehensive and preventive approach in relation to children in conflict with the law through alternative justice measures of deprivation of freedom, taking into account different programmes for children in conflict with the law (Panama);

89.120 Raise the minimum age for marriage to 18 for boys and girls, in accordance with the joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful practices (Panama);

89.121 Set the age of marriage in law and in practice to a minimum of 18 years for both sexes, with no exceptions, traditional or otherwise, and raise public awareness of this law (Haiti);

89.122 Increase support for programmes and initiatives by strengthening partnerships with relevant stakeholders, United Nations programmes and civil society working to introduce family planning in rural areas (Haiti);

89.123 Uphold its international human rights obligation and constitutionally provided rights of freedom of expression, including freedom of the press, to all persons in Timor-Leste (United States of America);

89.124 Take the necessary political and legal provisions to ensure that the implementation of the Media Law of 2014, particularly the requirement of accreditation of journalists and their obligation to defend the public interest and the democratic order, will not be translated into limitations on freedom of expression and the press (Costa Rica);

89.125 Bring the new Media Law in line with international standards, and particularly ensure that it does not undermine the work of journalists, freedom of expression and the right to information of the population (France);

89.126 Take further measures to ensure freedom of expression (Japan);

89.127 Continue to take measures to ensure freedom of the press and media (Namibia);

89.128 Enhance women’s empowerment and representation in decision-making sectors (Lao People’s Democratic Republic);

89.129 Continue investing in women’s empowerment and promoting their participation in all aspects of the State machinery (Nepal);

89.130 Continue to invest resources and prioritize efforts to provide relevant education and training to enhance the employability of its citizens, particularly the youth and unemployed (Singapore);

89.131 Implement programmes to guarantee the rights of children with regard to health, education and protection from violence, and develop national awareness-raising plans to combat school dropout (Spain);

89.132 Pay particular and multisectoral attention to the disadvantaged socioeconomic situations prevailing in rural areas (Cabo Verde);

89.133 Redouble its efforts to improve the basic standard of living including health and the education system (Republic of Korea);

89.134 Study the introduction of a universal basic income for all citizens of Timor-Leste over 18, without preconditions, with payments made from the interest on investments accrued from oil royalties (Haiti);

89.135 Continue to implement policies for the development of its people, including measures to eradicate poverty and ensure food security (Pakistan);

89.136 Continue implementing programmes to combat malnutrition in hospitals and awareness programmes on nutrition for the population (Bolivarian Republic of Venezuela);

89.137 Continue its efforts to ensure that its people have access to health-care services, especially in rural areas (Brunei Darussalam);

89.138 Continue to advance health services and better guarantee the right to health of the people (China);

89.139 Continue its efforts to improve access to health-care services (Maldives);

89.140 Step up its efforts to provide adequate health facilities and comprehensive education for all (Thailand);

89.141 Increase the percentage of overall government spending dedicated to health and education (Australia);

89.142 Improve the coverage and quality of health services and set up the national action plan on persons with disabilities (Madagascar);

89.143 Step up efforts to reduce maternal mortality by expanding coverage and quality of health services, goods and facilities focusing on maternal health care (Netherlands);

89.144 Consolidate access to education, especially for the most vulnerable sectors of the population (Angola);

89.145 Ensure the right to access to quality education for vulnerable groups of people, including women and children (Lao People’s Democratic Republic);

89.146 Continue to promote policies and programmes providing access to education for all, as well as on literacy (Libya);

89.147 Continue efforts to increase the quality of and accessibility to education, including adequate resourcing of teacher training and oversight (Norway);

89.148 Increase its investment in education so that future generations are better able to engage in the social and economic development of the country and to further take steps to eradicate corporal punishment in schools (New Zealand);

89.149 Adopt concrete measures and programmes to effectively address the causes for high school dropout rates among girls such as early pregnancy, gender-based violence and the lack of adequate sanitation in schools and to ensure their implementation, including by providing the necessary funding (Slovenia);

89.150 Take all necessary measures to enhance the effectiveness of its national policy on the rights of persons with disabilities (Brazil);

89.151 Continue to implement and increase the effectiveness of national policies on persons with disabilities, including on access to education, access to public services, work opportunities, as well as adequate training and public awareness programmes to mainstream the rights of persons with disabilities (Malaysia);

89.152 Take steps to ensure that vulnerable groups, especially children with disabilities, continue to gain access to free education in an inclusive learning environment (Brunei Darussalam);

89.153 Consider the possibility of ensuring the implementation of the right to vote for Timorese migrant workers residing abroad (Ukraine);

89.154 Double investments in agriculture to protect sources of water, replenishing farmers with seeds, improving exports, vaccinating livestock and poultry, and encouraging a more nutritious and diverse diet (Haiti).

90. All conclusions and/or recommendations contained in the present report reflect the position of the submitting State(s) and/or the State under review. They should not be construed as endorsed by the Working Group as a whole.

Annex

Composition of the delegation

The delegation of Timor-Leste was headed by H.E. Mr. Ivo Jorge Valente, Minister of Justice, and composed of the following members:

H.E. Mr. Marciano Da Silva, Ambassador and Permanent Representative of Timor-Leste in Geneva;

Mr. Flaviano Moniz Leão, National Director for Human Rights;

Mr. Nelinho Vital, National Director;

Ms. Guilhermina Saldanha Ribeiro, Director-General of the Ministry of the Interior;

Mr. Narcisio Fernandes, National Director for Policy and Cooperation of the Ministry of Health;

Mr. Jerónimo Freitas, National Director of Strategic International Planning of the Ministry of Defense;

Mr. Marino Vicente Da Costa, Representative of the Ministry of Education;

Mr. Egídio Martins Carion, Representative of the Ministry of Social Solidarity;

Mr. Francisco Xavier Soares, Chief of Department;

Ms. Patrícia Coutinho, Adviser;

Ms. Joana Santos, Executive Assistant;

Mr. Sidónío Trindade da Costa Freitas.