Violence against Children in Timor-Leste

Submission to the Special Representative of the Secretary-General on Violence Against Children

Submitted by: JU,S Jurídico Social

Date: 24 February 2025

We are pleased to welcome the Special Representative’s visit to Timor-Leste, as we strongly believe it will shed light at the national level on the ongoing challenges in eliminating violence against children. Timor-Leste has made important commitments to children’s rights, yet without stronger enforcement of legal protections, thousands of children remain vulnerable to violence at home, in schools, and in society at large.

JU,S Jurídico Social is a women-led legal and social enterprise in Timor-Leste dedicated to representing victims of crimes, the vast majority of whom are children, and advocating for legal reform to strengthen human rights protections. Our work focuses on ensuring access to justice for vulnerable populations, including children, while also pushing for systemic legal changes to promote human rights. One of our core objectives is to advocate for the eradication of all forms of violence against children. This is why we take this opportunity to highlight key concerns, particularly the widespread use of corporal punishment in school settings and the persistent issue of sexual violence against children.

CORPORAL PUNISHMENT IN THE EDUCATION SYSTEM

In Timor-Leste, corporal punishment remains a deeply ingrained practice.[1] Despite legal prohibitions, many teachers and school administrators continue to justify physical discipline as an acceptable and necessary method for controlling children's behaviour. A survey in the country showed that 8 in 10 teachers found it acceptable to beat a child under certain circumstances.[2]

The legal prohibitions of corporal punishment in this setting are outlined in several key legislative instruments, including:

• Decree-Law No. 23/2010, of 9 December (Teacher Career Statute), as amended by Decree-Law No. 31/2023, of 31 May, which explicitly forbids teachers from using physical punishment.[3]

• Government Decree No. 29/2017, of 12 July (Discipline Regulation for Teaching and Non-Teaching Staff), which establishes the duty of teachers to protect students from corporal punishment[4]  and categorizes it as a disciplinary offense[5].

• Ministerial Diploma No. 28/2020, of 24 June (Disciplinary Regulations for Students in the Third Cycle of Basic Education and Secondary Education and Approval of the Student Code of Conduct and Ethics), which mandates non-violent disciplinary measures[6] and explicitly prohibits all forms of physical and psychological punishment[7].

• Decree-Law No. 34/2023, of 31 May (Legal Framework of the National Pre-School Education System and Early Childhood Education Programmes),  Decree-Law No. 32/2023, of 31 May (Legal Framework for the National Basic Education System), Decree-Law No. 33/2023, of 31 May (Legal Framework for the National Secondary Education System), which explicitly ban all physical, psychological, degrading, or discriminatory punishment against students.[8]

These specific legal norms in the education sector aim to uphold the general protection of children against all forms of violence as outlined in the Constitution.[9]

 

Additionally, in November 2024, Timor-Leste pledged to end corporal punishment as part of its commitments to end violence against children.[10] The last National Action Plan for Children in Timor-Leste 2016-2020 establishes as a specific strategy the strengthening of teacher training to support the implementation of the legal prohibition of corporal punishment.

 

While Timor-Leste has established a clear legal framework and has approved a number of actionable commitments on prohibiting corporal punishment within the education sector, enforcement remains weak.

The widespread practice of corporal punishment in the school setting is due to a number of factors, ranging from historical practice to institutional weakness. The persistence of corporal punishment in schools is ingrained in the insufficient training on positive discipline methods, alongside a deeply embedded power culture, where the teacher's authority cannot questioned, a weak management capacity among school authorities, and a poor system for addressing complaints. In fact, many educators do not have the necessary skills to manage student behaviour without resorting to violence, while school directors and inspectors often lack the management and supervisory capacity over teachers and educators.

Furthermore, the acceptance of corporal punishment in Timor-Leste is deeply rooted in colonial-era and post-conflict mindsets. In several sectors of society, many believe that strict discipline is necessary to maintain order, reflecting a culture of control through fear. The legacy of colonial-era punishment methods continues to shape attitudes toward education, reinforcing the notion that physical discipline is necessary for learning.

Another significant challenge is the lack of reporting and the absence of reliable data on corporal punishment cases.

Corporal punishment in education setting is framed as both a disciplinary and criminal offence.

The Civil Service Commission, the public institution in charge of disciplinary procedures of public servants, including teachers, does not track misconduct against children, and school disciplinary actions rarely escalate to formal complaints.

Also, the justice system does not collect data to support the identification of records of criminal procedures related to corporal punishment.

Due to its widespread use and generalized acceptance in educational settings, corporal punishment is underreported both as a violation of teaching duties as well as a crime. As a result, authorities lack the necessary data to implement effective policy interventions.

The classification of corporal punishment within the criminal justice system presents further challenges. Currently, the general practice is to consider corporal punishment as a “simple bodily offense” under Article 145 of the Penal Code, which is a crime allowing victims to withdraw complaints at any time, irrespective of the implementation of any restorative justice measures. The power imbalance between teachers and students and their families frequently lead to the withdrawal of complaints, often due to pressure from educators, school officials, or community leaders.

The judicial system reluctance to consider corporal punishment by teachers as an abuse of power results in perpetrators facing little to no consequences.

Recently, in one of the few cases that, exceptionally, reached the courts, the highest Court has set a dangerous precedent by normalizing corporal punishment in education. In NUC 0411/23.DICMR, the accused, a schoolteacher and director, had beaten a student with a hosepipe until he fainted as a punishment for allegedly disrespecting classroom rules.

In a decision issued in December 2024, the Appeal Court stated that:

“A teacher’s aggression toward a student has nothing to do with the authority and credibility of the public administration, nor does it affect its impartiality or the efficiency of its services.

It is a fact that the defendant holds the status of a public official in accordance with article 59(g) of the abovementioned Law 7/2020, however, the duty inherent to the role of a teacher is to impart knowledge to the students, and with this, acting as the defendant acted cannot be said that he violated the duty to teach..[...] To beat up a student has nothing to do with the misuse of powers inherent to the teaching profession for purposes that are improper or contrary to those permitted by administrative law, nor does it constitute a violation of duties established by administrative law.”[11]

This Court ruling ignored the existence of multiple legal norms expressly prohibiting the use of corporal punishment as a measure to impart discipline within school settings and effectively endorsed corporal punishment as part of teaching.

The ruling sharply contrasts with how the justice system addresses excessive force by police officers, rightly identifying it as an abuse of power. Yet, when teachers use corporal punishment, the system fails to recognize it similarly, instead framing it as part of their teaching function. This legal inconsistency exposes a blatant judicial tolerance of violations of children's rights, effectively endorsing violence against children under the guise of discipline.

SEXUAL VIOLENCE AGAINST CHILDREN

In Timor-Leste, the prevalence of sexual violence against children is particularly alarming, with 25% of women reporting childhood sexual violence.[12] In addition, among individuals currently serving prison sentences, 40% have been convicted of sexual crimes. Of these, a staggering 80% committed crimes against children.[13] This highlights a deeply concerning pattern of sexual violence targeting children.

 

Teenage marriage remains a significant issue, with almost one in 20 girls being married before the age of 18[14]. This practice reinforces the perception that young girls are ready for sexual relationships, raising serious concerns about their rights and well-being.

The Timorese Penal Code categorizes sexual crimes according to the victim's age: offenses against children under 14[15], those between 14 and 16[16], and individuals aged 16 and older[17]. For the 14 to 16 age group, an offense is only recognized if it involves taking advantage of the child's "inexperience", as foreseen in Article 178 - an outdated and problematic criterion. While many Court rulings reference principles such as psychological and physical integrity, in practice, these decisions often fail to uphold children's rights. For instance, in numerous cases where sexual abuse continued after the victim turned 14, prosecutors and judges have deemed the child 'experienced,' disregarding the fact that those previous instances of sexual acts resulted from repeated abuse endured during childhood.

 

The current legal provision not perpetuates impunity, and reinforces harmful stereotypes, such as valuing virginity over the psychological, physical, and sexual integrity of the child. It further often leads to a judicial investigation of victim's sexual activities and the discrediting of victims who are not virgins, further victimizing them.

 

While there is a strong call for criminalizing incest in Timor-Leste due to the high number of abuse committed by family members against children and teenagers, JU,S Jurídico Social believes it is more appropriate to amend the criminal law to explicitly recognize the power imbalance between the perpetrator and the victim, which inherently limits a teenager's ability to give free and informed consent.

 

Countries like Cape Verde and Angola have secured sexual offenses against children based on the power differential between the abuser and the victim, indicating that a child/teen cannot exercise true autonomy in cases of sexual acts committed by someone using his/her position of authority.[18]

The current calls for reform through approval of a crime of incest reflects deep-rooted gender stereotypes and the strong influence of Catholic religious values in society, particularly the emphasis on virginity and family blood relations, rather than prioritizing the child's right to self-determination and protection from harm.

These examples highlight a systemic issue in how sexual crimes against children are both defined and adjudicated, constituting a serious violation of the Convention on the Rights of the Child. Urgent legal reforms are needed to address these flaws, ensuring that the focus shifts to protecting children's rights and holding perpetrators accountable, regardless of outdated, religious or discriminatory criteria.

In Timor-Leste, convicted individuals imprisoned for sexual offenses do not have access to counselling services or participate in offending behaviour programmes that address issues of consent for sexual acts and child development. Data from the 2016 Timor-Leste Demographic and Health Survey (TLDHS) revealed that only 34% of women and 40% of men believe a woman is justified in refusing to have sex with her husband, highlighting deeply ingrained societal attitudes that undermine women's autonomy.

Also, unlike in Portugal[19], Australia[20], Palau[21], and other countries, Timor-Leste does not maintain a registry of individuals convicted of sexual crimes.

 

 

RECOMMENDATIONS

Given the persistence of corporal punishment despite legal prohibitions, JU,S Jurídico Social recommends that the Special Representative:

1.     Holds a meeting with Court of Appeal judges to discuss jurisprudential shortcomings that violate the Convention on the Rights of the Child, including by accepting corporal punishment as a legitimate measure of discipline within the education sector, and express strong concerns in relation to such legal misinterpretations which are in unequivocal violation of Timor-Leste’s legal obligations;

2.     Encourages the government of Timor-Leste to provide training to judges, prosecutors and the police on the nature and impact of corporal punishment, reinforcing that it is a violation of children’s rights and can never be accepted as a legitimate disciplinary measure;

3.     Encourages the State of Timor-Leste to ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure, which is more needed given that the country currently has only one level of appeal. Ensuring access to the individual complaint system is essential to promoting compliance with Timor-Leste's international obligations.

Considering the prevalence of sexual violence against children in the country, JU,S Jurídico Social recommends that the Special Representative:

1.     Advocates for urgent legal reforms to close loopholes that allow perpetrators to escape accountability and to victim blame, including removing subjective criteria that assess a child's past sexual history instead of focusing on the power imbalance between the child and the alleged perpetrator;

2.     Advocates for urgent legal reform to create a sexual offender’s registration system with restricted access to authorities;

3.     Urges the government to provide targeted training for judges, prosecutors, and the police on handling child sexual abuse cases in line with international human rights obligations. This should include eliminating gender biases, rejecting outdated legal arguments, and prioritizing the best interests of the child;

4.     Urges the government to create rehabilitation programmes or interventions, including access to counselling services and to offending behaviour programmes designed to support inmates manage their thoughts, emotions, and actions. These programs should address critical issues such as consent for sexual acts and child development.

JU,S Jurídico Social urges the Special Representative to advocating for Timor-Leste to take action to address these pressing issues. The SRSG visit provides a crucial opportunity to highlight these concerns and advocate for lasting change.

JU,S appreciates your time and consideration and look forward to your response and any actions that can be taken to strengthen legal protections for children in Timor-Leste.

 

 

[1] UNICEF, Bringing new life into the classroom in Timor-Leste: More than 1,400 teachers learn a child-friendly approach to education, 2 November 2018.

[2] UNICEF, Practicing Positive Discipline: Setting an example for teachers in Timor-Leste - Promoting child-friendly school, 10 September 2018. See also UNICEF, Study on Violence against Children in and around Educational Settings, Timor-Leste, 2016, p. 43.

[3] See Article 9B.

[4] Article 4(2)(b).

[5] Article 6.

[6] Article 3(2)

[7] Article 11.

[8] Article 13(3)(a) of Decree-Law No. 34/2023, of 31 May (Legal Framework of the National Pre-School Education System and Early Childhood Education Programmes); Article 13(4)(a) of both Decree-Law No. 32/2023, of 31 May (Legal Framework for the National Basic Education System) and Decree-Law No. 33/2023, of 31 May (Legal Framework for the National Secondary Education System).

[9] Article 18.

[10] Tatoli, Timor-Leste Pledges to Act Against Childhood Violence, 8 November 2024.

[11] Free translation of the following text: “A agressão de um professor a um aluno nada tem que ver com a autoridade e a credibilidade da administração do Estado que possa ver a sua imparcialidade e eficácia dos seus serviços afetada. É um facto que o arguido tem a qualidade de agente público nos termos do artigo 59.° g) da citada Lei n.° 7/2020, mas o dever inerente à função de professor é ministrar conhecimento aos alunos pelo que, ao agir o arguido como agiu, não se pode afirmar que violou o dever de ensinar. […] O bater num aluno nada tem que ver com a instrumentalização de poderes inerentes à função de professor para finalidades estranhas ou contrárias às permitidas pelo direito administrativo ou com a violação de deveres previstos pelo direito administrativo.”

[12] The Equality Institute, Violence against children in Timor-Leste and consequences on adult health and exposure to adversity - Secondary data analysis of Nabilan baseline survey data, 2022.

[13] Data from the Prison Services, January 2025.

[14] Timor-Leste National Institute of Statistics, Timor-Leste Population and Housing Census 2022, Thematic Report – Navigation the Future: A Comprehensive Analysis of Children and Youth in Timor-Leste, September 2024.

[15] Article 177 (Sexual Abuse of a Minor) of Penal Code.

[16] Article 178 (Sexual Acts with an Adolescent) of Penal Code.

[17] Article 172 (Sexual abuse of a person incapable of resistance) of Penal Code.

[18] See for example Article 145 of the Penal Code of Cape Verde (2015) and Article 194 of the Penal Code of Angola (2020).

[19] In Portugal, the criminal identification registration system of those convicted of offences against sexual self-determination and sexual freedom of minors was introduced in 2015 (Law no. 103/2015, of 24 August).

[20] Federal Research Division, Library of Congress, Sex Offender Registration and Notification

Laws around the World, April 2022.

[21] Ibidem.