Asia Pacific Region

Expert Group Meeting and Seminar on an International Convention to Protect and Promote the Rights and Dignity of Persons with Disabilities
Bangkok, Thailand, 2-4 June 2003

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Democratic Republic of Timor-Leste
Secretary of State for Labour and Solidarity

Country Paper on the Situation of the Rights of Persons with Disabilities

1.  The people of Timor-Leste have only been able to enjoy their independence for little more than one year.  With the proclamation of that independence on 20 May 2002, the new Government of the Democratic Republic of Timor-Leste inherited a country with very little physical or social infrastructure intact, negligible machinery of public administration, and only the barest national legal and judicial system.

2.  The enormous challenges confronting the nation have presented it with equally enormous opportunities.  The people of Timor-Leste have an opportunity rarely afforded other new nations, to build a system of governance based upon international principles which respect its citizen’s human rights and dignity, without the inheritance of a complex and often outdated and outmoded public policy, legislative and administrative framework to overhaul and reform.  Central to establishing these foundations is the new Constitution of the Democratic Republic of Timor-Leste.

General Background on National Policies

3. The Constitution contains important provisions which establish and protect the rights of people with disabilities, and which assert Timor-Leste’s commitment to the global community of nations.

Section 9
International law)

  1. The legal system of East Timor shall adopt the general or customary principles of international law.
  2. Rules provided for in international conventions, treaties and agreements shall apply in the internal legal system of East Timor following their approval, ratification or accession by the respective competent organs and after publication in the official gazette.
  3. All rules that are contrary to the provisions of international conventions, treaties and agreements applied in the internal legal system of East Timor shall be invalid.

Section 21
(Disabled citizens)

  1. A disabled citizen shall enjoy the same rights and shall be subject to the same duties as all other citizens, except for the rights and duties which he or she is unable to exercise or fulfil due to his or her disability.
  2. The State shall promote the protection of disabled citizens as may be practicable and in accordance with the law.

4. In the absence of contemporary national laws relevant to persons with a disability, the fledgling national legal system provides that previously applicable laws may be adopted.  Alternatively, however, the Government is preparing to formulate a National Policy & Procedures for Persons with a Disability.  This is expected to occur in the coming 2003/04 fiscal year, with financial assistance expected to be provided by the Australian Government (AusAID) to enable an external consultant to be engaged for such purposes.  It is further anticipated that the adoption of the Policy and Procedures will also serve to pave the way for appropriate enabling legislation in this regard.

Overview of the National Situation

5. The Government of Timor-Leste is a member of UN ESCAP.  Government responsibility for administrative, policy, legislative, program and service provision roles concerning persons with a disability is located within the Disability and the Elderly Section, Division of Social Service (DSS), Secretary of State for Labour and Solidarity.  This is presently a very under-resourced unit.

6. The development of policy and associated services, as well as subsequent legislation, requires improved quantitative understanding of the nature and extent of disabilities.  To that end, a national survey of persons with disabilities was undertaken during 2002 by DSS, with the support of Rehabilitation International.  The results of that survey are only presently being produced.  Provisional data indicate the following:

  • a total of 11,571 persons have a disability, of whom 62% are male;
  • the main categories of disability are physical (41%), sight-impairment (24%), speech-impairment (17%) and mental/intellectual (12%);
  • the main sources of disability are disease/sickness (64%), birth (18%) and accident (16%).

7.  In developing and delivering improved support and assistance to persons with disabilities, the Government will give priority to a partnership arrangement with local and national non-governmental organisations (NGOs).  Timor-Leste is fortunate to presently have a number of such agencies working directly with persons with disabilities, covering a range of functions.  Apart from other NGOs whose purposes include support for persons with disabilities, those NGOs specifically focus on such roles are:

  • Ahisaun: semi-national coverage, working specifically with teenagers with a physical disability;
  • Denore:  national coverage, for all ages and all disabilities, providing a clinic and a program of learning skills;
  • Fuan Nabilan:  national coverage, serving persons of all ages with visual impairment;
  • Katilosa:  national coverage, providing vocational and rehabilitation programs for young people and children with a physical disability and hearing-impaired persons;
  • Klinic uma Itanian:  national coverage, providing vocational skills training and a clinic with physical therapists, for all ages;
  • PRADET TL:  national coverage, providing programs and services to all ages, focussing on those with intellectual disabilities and/or suffering mental or trauma-related illnesses; and
  • Sekolah Luar Biasa (SLB):  a special primary-level school in Dili for children with a disability.

All agencies are based in the national capital, Dili, except for Klinic uma Itanian, which is based in Aileu District.  In addition, Katilosa participates in regional leadership training conducted annually by Disabled Persons International, and is an active member-participant in regional sporting events conducted via the Far-East Sports International Committee (FESPIC).

8. Timor Aid, a national NGO oriented to national development projects, has played an important part in supporting the development of disability services.  During 2003 it has devolved various functions to disability-focussed NGOs (such as Katilosa) including the gathering of disability data across six districts and the provision of vocational and leadership training across those districts.

Review and Analysis of Issues and Trends

9. Government has committed itself to the following priorities for this Section in 2003/04:

  • the strengthening of its current commitment to the provision of small grants to people with a disability for income assistance in developing sustainable small ventures;
  • the complementary strengthening of current efforts in the provision of small business training to persons with a disability;
  • the strengthening of current efforts in the distribution of mobility tools, including wheelchairs and crutches;
  • the formulation, adoption and implementation of a national Policy and Procedures;
  • professional training of people with disabilities; and
  • the introduction of a national campaign to raise public-awareness of the nature of disabilities, and of community responses to improve the range of opportunities for persons with a disability.

10. It also needs to be noted that:

  • efforts to establish a national information database and register of persons with a disability need to be strengthened and sustained; and
  • there remains no single national nongovernmental body in the disability area.

Good Practice

11.Although the current infrastructure of public policy, programs, services and supportive resources is minimal, there are special opportunities for Timor-Leste to adopt a strategic approach to the national development of such infrastructure.  This will be achieved by:

  • a partnership arrangement with the national and local NGO sector, and other key stakeholders such as the legislature, private sector, churches and wider civil society;
  • a rights-based approach guaranteeing human rights and equal opportunity;
  • a prominent focus on the promotion of economic independence and sustainability, and the achievement of productive and fulfilling livelihoods;
  • the development of a comprehensive social ‘safety-net’ for those unable to achieve sustainable self-dependence.

12. The Government’s commitment to its National Development Plan, and associated Annual Action Plan will guarantee a continuing strong commitment to the priorities described in 9. above for the current triennium.  The actions to which the Government is committed with respect to persons with a disability are incorporated into that Annual Action Plan.

13. At the same time, Timor-Leste’s newly-achieved independence has been characterised by its ready embrace of its commitments as a member of the international community.  This has already included it becoming a State party to important human rights instruments.  The Government of the Democratic Republic of Timor-Leste similarly expresses its commitment to support the development of an international convention concerning persons with a disability, and its enthusiasm to ensure harmony between its evolving national legislative, policy and administrative framework and such a global undertaking.

 

Hon. Arsenio Bano
Secretary of State for Labour and Solidarity

16 May 2003

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