By: Cristiana Belo
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 government has together with the international partnerships to realize various interventions 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.
“However, practically is a big difficult because of practical system like the solid root in our community. Married out and married in, they all have the same right. Acknowledge that females have the right like an experience that before realizing public consultation over the main law. Some females said that if we women do not have right, then we do not want to be born for women. This is natural determination that God gave one female and one male, if I were born female without any right and then I don’t want to be born and what can we say about this? This must guarantee female and male to have a right. Married out and married in, they all have the same right.” State Secretary for Land and Propertiies; Mr. Mario Ximenes informed to journalist of Radio Rakambia in his workplace Bebora, Dili Timor – Leste (17/09/2019).
“We can see that this is a problem, even the law gives protection; however, the project that the government contracts with the companies does not consider the existing law. Therefore, this is a risk, later on the females also will become vulnerable, will not get the land even the law written clearly that females have the rights as in article in law No.13/2017.
Declaration for ownership, everyone is free to submit declaration even female or male; however, SNC did not explain it well for the community about female also can declare herself as the owner of the land. And now what is happening in the field; based on our research showed that many times they registered the land only put male’s name. This is a big risk that when in the future if the husband will die or divorce, female will lose her land, because one of our cultures said that for cultural married or pay dowry.
This is sometimes the family from male side can drive away the female, because already paid dowry and does not have the right on the land. This is very vulnerable and risk for the right of female on the land,” Mr. Mariano Ferreira was the researcher and monitoring the land issue and agriculture from NGO Lao hamutuk informed to the journalist of Radio Rakambia in his workplace Bebora, Dili, Timor – Leste. On Thursday (19/09/2019).
“In law No.13/2017 article 5 said that female and male have the same right to become the owner of the land. This law does not discriminate female and male but gives advantages for both female and male.” Mario Ximenes said.
“In article 17 of RDTL constitution states about the equality of gender. We talk about equality means that females also have the equal right to access to every sector and there is no discrimination for females. When talking about land, females also have the right to access to the heritage land that was from their parents, especially the heritage for land. If we talk about the heritage land, females also have the right to access to the heritage land and not only the authority for the males. It is because our basic constitution states that females and males are equal. There is no discrimination for one part. The Basic Right that is acknowledged and recognized by constitution that has influenced in every law, even the law for land or the law for anything should acknowledge to the gender,” President of Nacional Parliament for F Commission (PN) Mrs. Maria Gorrumali Bareto informed to journalist of Radio Rakambia in parliament on Wednesday, (18/09/2019). Need to confirm.
“I think the law No. 13/2017 that just promulgated by the President of Republic in the year 2017 article 4 said that the right of the owner is protected with the condition like male and female. There is no discrimination for ownership to access to the administration management and enjoy transference and land disposition. This shows that the state upholds the value and dignity of females. In the law, the females’ rights are considered; therefore, law No. 13/2017 also refers to RDTL constitution article 17 that stated clearly male and female have the same right and there is no discrimination between male and female.
This law is as the main law that elevates the females’ rights. The following branches of law, must consider the main law that written clearly and the constitution is as a law or foundation of the country. In reality, sometimes some programs even from the government or civil society like in an open bracket are not well considered. However, it’s clear that our law and politics give strong protection to the right of females,’’ Said Mr.Mariano.
Mariano said, “The solution about the owner of the land, female and male have the same right, one way is Ministry of Justice, includes more civil societies and also all media, need to comprehend well about those laws that promote the right of females. Realizing socialization is to spread information to the community. In urban, in the rural areas or every place, people must sure that as a nation, we have law, we have politics that regulate us.
If the law written is to promote the right of female like male, we need to promote it. The other solution is that all politics from any ministry, when design politics, any plan for the development, they must consider females’ perspectives as a part of development for this nation. Not only to do some programs, not only for gender, not only to look at one side but for all parts.
Not only the problems with females but also with many groups of vulnerable that existing in our county, classification of people with disabilities, old ladies, old men, children and the widow mothers, some friends who are living with trauma that become the part of vulnerable. However, the constitution law No. 13 /2017 is about the owner of the land gives protection. The government institution and all partnerships must consider and respect. Because this nation is the state of right and therefore the law is higher than everything.”
“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)
Mrs. Maria explained more that the strategy that she usedto influence paternal males is to give opportunity to the women to be the owner of the land. “The first strategy is based on legal base that we have in RDTL constitution aarticle 17. Secondly the state of Timor-Leste should ratify a convention, elimination, against discrimination show that any type of discrimination can not be happened to against females. Like international convention empowers our laws that applicable in Timor- leste. In order to be able to have influence, we ask support from their male friends in how to give priority based on article 17 RDTL constitution to be egual.
According to Mr.Mariano Ferreira, “Lao Hamutuk (in English- walking together) is like a civil society that takes small part in this nation. We always think in how can find problems through research, monitoring, and analysis based on various data from the government and international agencies. After analyzing, we produce these information. Discussing again with the Government, Parliament, and the President of the Republic, and all partnerships to promote equality.”
“As what I have said Lao Hamutuk has focused on how to analysis the politics and the laws in this nation. Our contribution is how to spread information, write what we think, valorize in how to promote various groups. We think that everyone should take part in the development of this nation even male, female and everyone. Not only some groups can get privilege in this nation. And everyone must be wellbeing from this development. Lao Hamutuk (LH) always collaborates with government, agencies, various organization, academics to be always make discussion, debate, research, make advocacy to the one development that belongs to everyone. Because the country is small, the population is small, we all need to participate with well in order to support the process of well development,” Said Researcher of Lao hamutuk Mr. Mariano Ferreira
Viera said, “One way to realize advocacy level is in the part of political level. We always make communication with the government especially 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 always influence to the high level in parliament, in government and also 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 afraid. If they feel something wrong, they get violation to their rights, our office network for the land is always give opportunity for anyone who got violation related to the law no 17. Network for land always facilitates receives 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, Advocate about the land,” Said Viera.
“In order to be able to have influence, we ask support from their male friends in how to give priority based on article 17 RDTL constitution to be egual. Therefore, we do not need discrimination. Now look back to the communication of family members between female and male children. How can we have a good communication in order to avoid discrimination inside the family, between male and female children, because whatever happened, female and male children are all from a form of their parents. We do not have discrimination because females married out, males become the owner of the house, we need to divide the parents’ heritages, must be allocated to both female and male children because of one bond, namely female will become strong to continue to develop the culture from their parents.” Mrs. Maria Bareto,Said.
Mr. Mariano said. “Currently the national registration system (SNC) has being measuring the land in the whole territory of Timor – Leste. However, there are some limitations in civil society can’t access to the data from Ministry of Justice and also from SNC itself. Therefore, I can’t say that the right data about females who are the owners of the land. However, based on some researches that were carried out by REDE BA RAI, LAO HAMUTUK with their members that showed SNC did not pay well attention and gave protection for the females to be the owners of the land. For example in the declaration of national registration system (SNC) did not give good information to the females, males and the communities, about females also can declare or fill the forms as the owners of the land.”
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.
“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 Justice, 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
Female benefits to be the owner of the land
“As female, I feel happy because the culture of Manatuto gives more to the females to have the right to the heritage land, that our ancestors, grandparents and parents passed on to us. We feel happy when we get heritages. We must take care of these heritages that were given by our grandparents. Later in the future, we can pass on to our female new generations who will be like us because that is our real tradition.” Manatuto Municipality Mrs.Filomena Elda Soares da Silva, a school teacher of Eskola Insino Basico Filial Rentau, informed to journalist Radio Rakambia in Suco Ailili on Monday (21 Sep 2019)
According to the interview of Radio Rakambia with an advantage female that the heritage land that given by their ancestors is like rice filed, empty spaces for plantation and the space for leaving.
“When I got the heritage land from my mother, my father felt happy because our tradition in Manatuto, females have more rights on the heritage land from our ancestors. For us, females should take care of all heritages that given by our ancestors like land and other things. In this case, in the future we will hand on to our new generation, female like us. That is actually our tradition. However, we do not sell all.” Said Filomena
“The heritage land that we have, is like rice field that is used for rice, the empty land is used for garden, to grow or cultivate the seeds in it. When we feel no more energy or power and running out of everything and then we rent to the people or sell it. We feel sad when we sell the heritage land, it is only because our needs or running out of everything. If we all work and we have some money we don’t sell it. The advantage of heritage land is like for rice filed to grow rice, vegetables and sell some. The land in the part of Kampung Baru is approximately 4 hectares and at the other in this side is 2 hectares; the total of them are 6 hectares. However, we have sold some. One space we only sold to USD. $500.00, in order to buy school materials like; laptop, semester fee, buy books and food and drinks to consume and clothes. It is because our child studies in Dili and home stay and therefore all the money we sent to him. We have many land; however, we need to survive and therefore we sold some to sustain our lives” Said Filomena.
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