By: Cristiana Belo
Anlysis the impact of national registration system (snc)
Timor-Leste has become an independent country for more than sixteen years. As other democratic countries, there is a right on the land that has become an important pillar to guarantee the basic right for all citizens. The right on land gets protection from the constitution of RDTL, article 540, because the Timor-Leste history was with colonial system, invasion and with force displacement, the land problem has become a big challenge in Timor-Leste since its independent and the Timor-Leste goverment has together with the international parnerships to realize various intervations and make an effort to solve the problems of land and to guarantee the right on the land for every citizen; however, so far there is not solution yet.
In the year 2013, Timor-Leste government has given respossibilitry of land registration process to two private companies (GMN-H and ARM-APPRZE), with financially of USD 57.2 millions. The program that implemented by the two companies is namely National Registration System (SNC). SNC’s activity was started in the year 2014 even the SNC’s activity was not taken longer, but has had the big impact on the people’s lives, and today the information about the activity of SNC remaind little, and there is no study that shows the quality of SNC’s service, and the impact for the people and the community’s right on the land. This report focusses on the issue of land registration that is now realizing in Timor Leste.
The history of land registration in timor leste
In Timor-Leste, since our ancestor time the community always manage and make decision about the land through their cultures. The culture has become the effective way to regulate the land, devide the land among them, solve the conflits and to guarantee the land to the new coming generation.
In Timor-Leste, the land administration process is through the state that was stated with the colonial government of Portugal. At that time, it was started to use the land registration to give the right to the land. However, the land registration at that time only for indivual, through a long process, expensive and not look at the needs of all Timorese people, only look at the heritage land of the communities. Only a few people who had good relation with colonial government could get the title for the land through land registration but the majority of the people and the community didn’t get that title.
During the 1975 invasion, the Indonesian started to apply their land system, included their registration system on land that made more than 44,000 people to get the title for the land, the registration system always focuses on every individual and not adapt to the people and the needs of the communities. For example the heritage land is still not getting protection. Suppose to up tight everyone’s right for the land, the registration system that implemented by Portugal and Indonesia only empower the right of a few people on the land but other people and community still loosing their rights from those systems.
land registration in timor-leste
When Timor-Leste has become an independent nation in the year 2002, the problem of land has become a big challenge. This needs a land management system that should be able to solve the injustice happened in colonial time and Indonesian occupation, and also to help the people and the community’s life in the future. The first government started the process of registration with the law 1/2003, that only looked at the existing titles in the past time; however, it was not succeded.
In the year 2008, it was stated with a new program namely our land or ita nia rai (INR). INR was as a project from USAID, with budget of USD 10 millions, that was started in 2008 and finished in 2012. INR cooperated with Ministry of Justice to do the registration for 50,614 land portions with 54,558 total declaration. INR realized the land registration in the capital of municipalities, in urban areas (in the twon) and other areas that closed to the city.
However, INR didn’t go into heritage or cultural land because based on some recommendation that the registration of heritage or cultural land will create many problems. The registration in the area of heritage or cultural land was difficult and needed the process that suite with the local situation.
In the year 2011 and 2012 the land network realized a deep research over the impact of INR program. A report explained clearly about the strength and weakness about INR. In 2012, the support from USAID was finished, and the INR project was closed, even many measured lands did not get their titles yet, and there was a declaration of more than 17,000 weren’t completed and some people didn’t get the chance to measure their lands when the process going on.
When INR’s program finished, there was no clear plan to continue, for one and half year the process of land measurement postponed. Then, in 2013 the Ministry of Justice got support from Council Ministries to start again the National Registration System (SNC).
SNC is the government program that given to two priviate companies:Grupo Media Nacional Holding Group (GMN-H) from Timor-Leste, and ARM-APPRIZE from Portugal.
The government has trusted on these two companies to realize SNC’s program and sign the contract with financially of USD 57.2 millions, through the process of non-contest. The land registration from SNC was started in 2014 in the pilot areas of Covalima and Oe-cusse, and now is still working in the 12 municipalities including RAEOA. In october 2018, the project Director said to the madia that they have measured the land porsions more than 218,000 and based on plan that SNC will finish the land registration in December 2019 and will cover the whole areas of Timor–Leste.
Before establishing SNC, the government of Timor-Leste has had experience with the NRC’s program, suppose the INR’s program to be a good example to be learnt about what was succed and what was failure from the land registration program. Unfortunately, as the report showed that, many parts that succeded from INR’s program now they fail, some weaknesses that caused by INR’s program were not repaired, and many new problems happened in SNC’s activities (Source Rede Ba Rai).
Based on the land network monitoring, for the map publication process that was realized by SNC. The researcher paid a visit to 9 municipalities such as; Aileu, Ainaro, Baucau, Covalima, Ermera, Lautem, Liquica, Manatuto over the type of land declaration, single women were totally of 6744.
“Theprogram that we made is also based on the mandate of SNC on 30th of March 2020, the data imformation about the land registration will be submitted to the Land and Properties. Land and Properties will manage after all information will be published to the public in order to see that the land does not have any problem anymore. After this, we can give out the certificates. However, there is no clear data. SNC does not give certificates. SNC only registers and there is only a prove shown that, this land is registered, and this is the owner, the process of giving certificate is, need to establish one department named department of land registration after that stablish land registration codes and these codes finished; then to give out the certificates. The certificate is depended on every individual get and the certificate is used for what, the land has two big functions; one is social function and the other is economic function.” State Secretary For Land And Properties; Excellent Mario Ximenes informed to journalist of Radio Rakambia in his workplace Bebora, Dili Timor – Leste (17/09/2019).
Network for the land observation and research
that has analyzed so far on National Registration System (SNC) service to measure the land does not give advantages for females because their participation were very little, at least ask the process of consultation, when SNC processed to realize data collection for land registration, females’ participation was only very few. SNC measured the land and only put the male’s name, male dominated and female only a little bit. Based on the right law, we should write both their names, why the impact forward is not good, for example on the way they have divorce and then female can lose her land, because the male’s name only is written on the national documents, or on certificates, female does not have base to the fact when brought to the court, female will lose her land. Therefore, many recommendation from land Network, asks to government to do evaluation to the SNC’s service in order to improve or stabilize the situation. However, it is better for us, whom from land network ask to stop temporarily the land registration because many practical things they did not do correctly. The National Coordinator for Land Network. Mr Pedrico Viera informed to journalist of Radio Rakambia at his workplace Palpaso –Dili, Timor – Leste, on Thursday (19/09/2019)
“According to the observation of Land Network about females who have become the owners of the land not reach 30%, this showed that practical process has violation against the females’ rights. This report was submitted to the competent government like the Ministry of Justica, State Secretary for Land and Properties (SETP), National Parliament, Ministry of Legislative Reformation for Public Administration (MRLAP). The public announced to the public that it was better for SNC to do evaluation and change their ways or manners. When we did observation, monitoring on the SNC’s service, there was a strong criticism against the works of SNC; therefore, they changed a little bit, for example they have meeting with community in the village level and invite females to take part; having a big change, is a part of we do advocate.” Said Viera
Network for the land solution for the land problems in Timor – Leste
Viera said, “One way to realize advocacy level is in the part of politocal level. We always make communication with the government especailly Ministry of Justice in order not to dismiss the rights of females over the land. What we have done is based on the law, not after establishing the law but in practice forget what was written in the law itself. We alwys imfluence to the high level in parliament, in government and aslo give public opinion, for female friends to know. We always encourage females especially to access to the land. To encourage when realize socialization of law 13/2017 that female and male have the same right, when socialize in the community level, in the villages, female friends also were happy because we gave information based on the law. And the service about females’ right is not one or two days, but it takes a long process, how we meet people’s consciousness in order people can conscious about their equal rights and we always fight anywhere.”
“We continue monitoring for the service that something violate the law, especially for the females, and some issues that our authorities do some actions against the law. We always encourage every citizen, communities in order not to be affarid. If they feel something wrong, they get violation to their rights, our office netwrok for the land is always give opportunity for anyone who got violation related to the law no 17. Network for land always facilitates receves the request. Request for some people who lost their land, some times for the impact of development and people did some effecting to them. If there the problem of land, we always facilitate, accompany, help, and support them in juridical things. It is because we have defender, Advocade about the land,” Said Viera.
Law No. 13/2017 is important to Timor – Leste people?
Yes, because this law have big vantage for Timorese people, man and woman have same right, no discrimination. Because in Timor- leste there are two cultural systems matrilineal and patrilineal systems, and we are from liquica District our cultural system is patriarchal or married out. When woman married no right for land and properties, she should out leave with husband and man parents. But law give a way and protect man and woman have treat equal. This is the law No.13/2017 this law still running now. I think law give vantage for communities especially for woman’s who face for land problems, their parents provided land only for man. And woman complain to the parents that, Our culture is not allowed girls to own land but base on law we have right, because we are from same Father and mother. If you offer land only for man and how about us (women). And where we go? And sometimes they came to complain with us. And we explain the process, asked them go back to the family how to solve. And back again to us, look and defined base on law. But we always encourage them, based on law but depend on their family. Because in Liquica man is empower than woman, so boys who are more entitled to own land. And we also give direction to parents according to the applicable law. That, girls and boys are the same property rights, because they are all of us who give birth. The land that, we have will leave them, if you divide must be for the good and right, dignity and equal. So that, they will not be left with conflict in the future. Said cordinator SNC Liquisa Filomeno Pereira.
How about sosialization for land data colection process in SNC time?
“Yes. We still have a community meeting. We have mediation socialization techniques. And now we have a person in each district to carry out meetings and outreach about the law that still applies. Regarding, community meeting there are differences between the past and the present. Because in the past Ita Nia Rai Project had three types of community meetings. We have a women’s community meeting, a community meeting for land disputed and a general community meeting. Now it’s not, we only have one community meeting.” Said Filomeno.
“We are preparing land certificate since 2016, starting from the publication map. We have prepared 200 certificates. Because this program is national, need official launch. Than distribution for land owner. But we have obstacles to distribute because we need launch first. We have published the eighth times now so we have started from 2016 until now, we have published data almost two thousand and such Including in the sub districts of Bazartete, Maubara, Liquiça, all of this data, now we have just been running in the sub-village because we are still bitching published until finish. To this village, Bazartete, liquiça, Maubara, still publishing. According to the law we have 90 days publish, publish up to 90 days, if until 90 days just close publish, currently, the data we have given is not correct because we still open publish to the public will be able to access.
The Chalanges of data collection system.
This is a system that will not build. But a system that only builds in general, an individual, group, there is a little difference, not the same as before ITA NIA RAI Project. If the women already answer in the system we know that women are separated and men are separated, now they put in generally, groups and individuals put together.
Open search for changes with the online system. Sometimes we say there is a online system, sometimes the system fails, don’t make it search for changes with the online system. sometimes we say there is a online system, sometimes the system fails, don’t make it notorious if the file is also a lot of central manual system that is true it is in Portugal, something is a problem in Timor so, we are waiting tomorrow, because we are early morning, they are night this system is the central control of the ARM APRISE join with GMN this is a system that sometimes this system a big failure we can’t do anything.” Said Filomeno
Filomeno explained again “following the existing 27/2011 law that when some networking measures, we publish during the 90 days law, it is finished, so the certificate process according to the 27/2011 statute registration certificate that SNC has not distributed, but has not made launch sharing because of the law first, actually launching the direct of Maun boot Xanana Gusmão, but because of the conflict in seven government, we are waiting until now the certificate is still in our hands, we have not been able to distribute because we have not made a launch. The certificate is in our hands 27/2011 decree law who entitle the certificate owner who used to produce time because of valid, now back to the SNC this certificate has been created but we need to make a launch until now in the center we have not heard information and made a launch certificate.” Filomeno pereira said to Radio Rakambia jornalist in the liquiça district on Friday.
Base on Rede ba Rai survey reported said that, “legal frame as chalanges for land registration process. But show that, sistema Nasional de Cadasro (SNC) in English National Cadastral system against law in variuse aspects. The first problem is sequence or succession legislation it self. The land registration has already begun after that the law on land registration (special regime definition entitle land ownership law 13/2017) has approved. There for some of the processes that SNC has implemented are against the regulations which have been applied in law 13/2017. For example law 13/2017 recognizes rights to property communities and protection community zones but the current land registration process does not explain these two aspects to the community and the process of land registration in which the SNC operates is not familiar with this context.”
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