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TIMOR-LESTE: Idps Returning Home, but to Ongoing Poverty and Lack Of

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TIMOR-LESTE: IDPs returning home, but to ongoing poverty and lack of access to basic services A profile of the internal displacement situation 31 October, 2008 This Internal Displacement Profile is automatically generated from the online IDP database of the Internal Displacement Monitoring Centre (IDMC). It includes an overview of the internal displacement situation in the country prepared by the IDMC, followed by a compilation of excerpts from relevant reports by a variety of different sources. All headlines as well as the bullet point summaries at the beginning of each chapter were added by the IDMC to facilitate navigation through the Profile. Where dates in brackets are added to headlines, they indicate the publication date of the most recent source used in the respective chapter. The views expressed in the reports compiled in this Profile are not necessarily shared by the Internal Displacement Monitoring Centre. The Profile is also available online at www.internal-displacement.org. About the Internal Displacement Monitoring Centre The Internal Displacement Monitoring Centre, established in 1998 by the Norwegian Refugee Council, is the leading international body monitoring conflict-induced internal displacement worldwide. Through its work, the Centre contributes to improving national and international capacities to protect and assist the millions of people around the globe who have been displaced within their own country as a result of conflicts or human rights violations. At the request of the United Nations, the Geneva-based Centre runs an online database providing comprehensive information and analysis on internal displacement in some 50 countries. Based on its monitoring and data collection activities, the Centre advocates for durable solutions to the plight of the internally displaced in line with international standards. The Internal Displacement Monitoring Centre also carries out training activities to enhance the capacity of local actors to respond to the needs of internally displaced people. In its work, the Centre cooperates with and provides support to local and national civil society initiatives. For more information, visit the Internal Displacement Monitoring Centre website and the database at www.internal-displacement.org. Internal Displacement Monitoring Centre Norwegian Refugee Council Chemin de Balexert 7-9 1219 Geneva, Switzerland Tel.: +41 22 799 07 00 [email protected] www.internal-displacement.org 2 CONTENTS CONTENTS 3 OVERVIEW 9 IDPS RETURNING HOME, BUT TO ONGOING POVERTY AND LACK OF ACCESS TO BASIC SERVICES 9 CAUSES AND BACKGROUND 19 SOCIO-ECONOMIC BACKGROUND 19 EAST TIMORESE WOMEN TRADITIONALLY RESTRICTED BY THE NORMS OF CULTURE AND CUSTOMS (DECEMBER 2006) 19 GENDER-BASED VIOLENCE AND CHILD ABUSE ARE MAJOR CONCERNS (AUGUST 2008) 20 DEMOGRAPHIC FACTORS HAVE INCREASED THE VULNERABILITY OF TIMOR-LESTE TO CIVIL CONFLICT (JULY 2008) 22 ALIGNMENT OF YOUTH GANGS WITH POLITICAL FACTIONS HAS EXACERBATED THE 2006 UNREST (JUNE 2007) 23 EAST-WEST IDENTITIES IN TIMOR-LESTE (FEBRUARY 2008) 26 GENERALITIES ABOUT THE AGRICULTURAL SECTOR (JUNE 2007) 30 TIMOR-LESTE IS ONE OF THE POOREST AND LEAST DEVELOPED COUNTRIES IN THE WORLD (JULY 2008) 32 AUSTRALIA, TIMOR-LESTE AND THE TIMOR SEA OIL AND GAS RESERVES (JUNE 2007) 34 THE GLOBAL FOOD CRISIS AND ITS IMPACT ON TIMOR-LESTE'S FOOD SECURITY (AUGUST 2008) 38 PRIVATISATION OF LAND RISKS UNDERMINING TIMOR-LESTE'S FOOD SECURITY AND ITS BIODIVERSITY (SEPTEMBER 2008) 40 POLITICAL BACKGROUND 41 FROM DECOLONISATION TO INDEPENDENCE (1974-1999) 41 FRETILIN ASSUMES TOTAL CONTROL OF GOVERNMENT (1999-2006) 43 A DIVIDED UN SECURITY COUNCIL CREATES UNMIT (AUGUST 2006) 45 PRESENCE OF AUSTRALIAN TROOPS SEEN AS PARTICULARLY CONTROVERSIAL (JULY 2007) 47 DEEP POLITICAL DIVISIONS AND RIVALRIES CULMINATE IN A REGIME CHANGE IN THE WAKE OF THE APRIL/MAY 2006 UNREST 49 JULY 2007 ELECTIONS LEAD TO FORMATION OF A NEW COALITION GOVERNMENT HEADED BY XANANA GUSMAO (AUGUST 2007) 54 A CRIPPLED JUDICIAL SYSTEM CREATE THE PERCEPTION THAT IMPUNITY IS AND WILL CONTINUE TO BE TOLERATED (AUGUST 2008) 55 TIMOR GOVERNMENT ASKS UN TO DROP ITS INVESTIGATION INTO 1999 VIOLENCE TO MAINTAIN GOOD RELATION WITH BIG NEIGHBOUR (OCTOBER 2008) 58 CLIMATE OF POLITICAL INSTABILITY FUELLED BY RUMOURS OF A RESURGENCE OF EAST-WEST DIVISIONS (OCTOBER 2008) 60 3 LAND, HOUSING AND PROPERTY ISSUES 61 CUSTOMARY SYSTEMS OF LAND AND NATURAL RESOURCE MANAGEMENT ARE COMPLEX AND WIDESPREAD IN TIMOR-LESTE (AUGUST 2008) 61 TIMOR HAS SUFFERED SUCCESSIVE WAVES OF LAND DISPOSSESSION (DECEMBER 2005) 64 UNCERTAINTY OF FUTURE TENURE ARRANGEMENTS FOLLOWING PRE-1999 RESETTLEMENT POLICIES IS FUELLING DISCONTENT (NOVEMBER 2003) 66 SIGNIFICANT SECONDARY OCCUPATION OF LAND AND HOUSING FOLLOWING THE 1999 CONFLICT 68 INABILITY OF UNTAET TO ADDRESS LAND AND HOUSING ISSUES LEFT MANY DISPUTES UNRESOLVED 71 VIOLENCE AND DISPLACEMENT DURING INDONESIA'S COLONISATION (1975-1999) 72 FORCED DISPLACEMENT USED BY INDONESIA AGAINST EAST TIMORESE AS A TOOL FOR SOCIAL CONTROL AND AS A WAR STRATEGY (1975-1999) 72 WIDESPREAD FAMINE IN IDP CAMPS AND SETTLEMENTS UNDER INDONESIAN MILITARY CONTROL (1975-1979) 74 RESETTLEMENT FROM CAMPS TO STRATEGIC VILLAGES AND DISPLACEMENT AS A FORM OF COLLECTIVE PUNISHMENT (1980-) 76 VIOLENCE AND DISPLACEMENT AROUND THE 1999 INDEPENDENCE VOTE 77 VIOLENCE AND THREATS CAUSE DISPLACEMENT PRIOR TO THE POPULAR CONSULTATION (FEBRUARY-AUGUST 1999) 77 VIOLENCE AND DISPLACEMENT FOLLOWING THE ANNOUNCEMENT OF THE RESULTS OF THE POPULAR CONSULTATION (SEPTEMBER 1999) 79 BETWEEN 10,000 AND 40,000 FORMER EAST TIMORESE REFUGEES STILL DISPLACED IN WEST TIMOR (MAY 2006) 81 DISPLACEMENT LINKED TO THE APRIL-MAY 2006 VIOLENCE 84 COMPLEX ROOTS OF THE CONFLICT (JANUARY 2007) 84 APRIL-MAY UNREST FORCES 150,000 PEOPLE TO FLEE THEIR HOMES IN DILI (2006) 91 RENEWED VIOLENCE LEAD TO THE DISPLACEMENT OF UP TO 8,000 PEOPLE IN EARLY 2007 (JULY 2007) 96 ANNOUNCEMENT OF THE COMPOSITION OF THE NEW GOVERNMENT TRIGGERS NEW ROUND OF VIOLENCE AND DISPLACEMENT (AUGUST 2007) 98 OTHER CAUSES OF DISPLACEMENT 100 TIMOR-LESTE IS HIGHLY VULNERABLE TO NATURAL DISASTERS (JANUARY 2008) 100 POPULATION FIGURES AND PROFILE 102 GLOBAL FIGURES 102 BETWEEN 35,000 AND 40,000 PEOPLE REMAIN DISPLACED IN TIMOR-LESTE (OCTOBER 2008) 102 THE DISPLACED ARE MAINLY FROM THE EAST (MARCH 2008) 107 DISAGGREGATED DATA 109 SIGIFICANT CHANGES IN THE AVERAGE NUMBER OF IDP HOUSEHOLD MEMBERS FOLLOWING DISPLACEMENT (JUNE 2006) 109 PATTERNS OF DISPLACEMENT 110 GENERAL 110 MOST PEOPLE DISPLACED BY THE APRIL/MAY 2006 UNREST IN DILI SOUGHT REFUGE IN SPONTANEOUS CAMPS (MARCH 2008) 110 4 MAJORITY OF THE 5,000 PEOPLE DISPLACED IN FEBRUARY 2007 WENT TO EXISTING CAMPS AND 4 NEW LOCATIONS (FEBRUARY 2007) 111 PEOPLE DISPLACED IN AUGUST 2007 ARE STAYING WITH HOST FAMILIES OR HAVE FLED TO THE MOUNTAINS (AUGUST 2007) 111 SOME RETURNEES RE-DISPLACED UPON RETURN DUE TO LACK OF PREPARATION, THREATS FROM OLD NEIGBHOURS AND HOUSING PROJECTS (SEPTEMBER 2008) 112 PHYSICAL SECURITY & FREEDOM OF MOVEMENT 115 PHYSICAL SECURITY 115 IMPORTANT PROTECTION CONCERNS FOR RETURNING IDPS (AUGUST 2008) 115 NEED TO STRENGTHEN FIELD BASED MONITORING AND INSTITUTIONS PROVIDING PROTECTION (AUGUST 2008) 117 LONG TERM DISPLACEMENT EXPOSES IDPS AND IN PARTICULAR CHILDREN AND WOMEN IN CAMPS TO A VARIETY OF INCREASED RISKS (OCTOBER 2008) 118 PERSISTENT PROTECTION CONCERNS AND INSUFFICIENT NATIONAL POLICE CAPACITY REQUIRE CONTINUED PRESENCE OF INTERNATIONAL SECURITY FORCES (AUGUST 2008) 122 TWO IDPS SHOT BY AUSTRALIAN SOLDIERS (NOVEMBER 2007) 124 FREEDOM OF MOVEMENT 126 IDPS IN SOME CAMPS HAVE LIMITED FREEDOM OF MOVEMENT DUE TO THREATS FROM VIOLENT ELEMENTS (JULY 2008) 126 SUBSISTENCE NEEDS 128 GENERAL 128 SUPPORT LIKELY TO BE NEEDED BEYOND 2008 FOR IDPS IN CAMPS; IDPS IN DISTRICTS LARGELY NEGLECTED (APRIL 2008) 128 UP TO 300,000 PEOPLE IN TIMOR-LESTE ARE IN NEED OF URGENT FOOD ASSISTANCE (APRIL 2008) 129 FOOD 132 FOOD SECURITY AND NUTRITIONAL STATUS OF VULNERABLE GROUPS HAS FURTHER DETERIORATED IN 2008 DUE TO NATURAL DISASTERS AND INCREASING FOOD PRICES (OCTOBER 2008) 132 OVERALL DETERIORATION OF THE FOOD SECURITY SITUATION IN TIMOR SEVERELY IMPACT IDPS AND HOST COMMUNITIES IN THE DISTRICTS (OCTOBER 2008) 133 DISPLACED PEOPLE LIVING IN CAMPS NOT FOUND TO BE AMONG THE MOST VULNERABLE (APRIL 2008) 137 HEALTH 140 DESPITE IMPROVEMENTS OF CONDITIONS IN CAMPS SINCE 2006, MANY IDPS REMAIN VULNERABLE TO FLOODING AND DISEASE OUTBREAKS (OCTOBER 2008) 140 VERY HIGH MALNUTRITION RATES ALREADY PRIOR TO THE APRIL/MAY 2006 UNREST (SEPTEMBER 2008) 143 PSYCHOSOCIAL NEEDS OF IDPS RETURNING MAY NOT BE RESPONDED TO ADEQUATELY (SEPTEMBER 2008) 144 DISPLACEMENT HAS INCREASED RISK FOR EPIDEMIC DISEASES AND VULNERABILITY TO MALNUTRITION (APRIL 2008) 144 WATER AND SANITATION 145 INADEQUATE ACCESS TO CLEAN WATER CITED AS A PROBLEM IN THE DISTRICTS FOR IDPS AS WELL AS HOST COMMUNITIES (JUNE 2008) 145 5 MOST CAMPS REQUIRE CONSTANT WATER AND SANITATION SUPPORT (OCTOBER 2008) 147 SHELTER AND NON-FOOD ITEMS 153 NRC SUGGESTS BUILDING TRANSITIONAL SHELTERS TRANSFORMABLE INTO PERMANENT BASIC HOUSING FOR ALL HOUSE-INSECURE GROUPS (OCTOBER 2008) 153 NEED TO DEVELOP EMERGENCY OR SHORT-TERM SHELTER SITES AND TO REPAIR DAMAGED HOUSES (JULY 2007) 154 PERSISTENCE OF IDP PROBLEM CALLS FOR A FOR A GRADUAL TRANSITION FROM IDP CAMPS TO TRANSITIONAL SHELTER CAMPS (JULY 2007) 155 ACCESS TO EDUCATION 157 GENERAL 157 FEW EDUCATIONAL OPPORTUNITIES FOR IDP CHILDREN (APRIL 2008) 157 HIGH DEMAND FOR LITERACY COURSES AMONG DISPLACED PEOPLE (MAY 2007) 157 ALL CHILDREN AT SCHOOL AGE AFFECTED BY THE CRISIS
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    Copyright © 2011 Pacific Rim Law & Policy Journal Association CITIZENSHIP AND STATE-BUILDING IN EAST TIMOR Patrícia Jerónimo1 Abstract: One of the most fundamental state prerogatives is to decide who belongs to the political community. When East Timor became independent from Indonesia on May 20, 2002, the Constitution of the new country set the criteria for attributing Timorese citizenship by origin. The constitutional provision on citizenship combines the traditional jus soli and jus sanguinis principles in such a way that grants easy access to Timorese citizenship by origin. This generosity may be explained by the fact that East Timor is a small and poor country with a vast diaspora, although recent legal developments suggest that the Constituent Assembly might have said more than it intended. The clarification of the scope of the constitutional provision is extremely important, not only for symbolic reasons (connection between citizenship and national identity), but also for its practical consequences, given that many fundamental rights under the Constitution (including the right to own land) are exclusive to Timorese citizens. I. OVERVIEW Nationality is a legal bond based on a “genuine connection of existence, interests and sentiments” that ties a person to a state through a web of reciprocal rights and duties.2 Citizenship3 provides individuals with a national identity4 and entitlements that are exclusive to citizens, including the right to vote, the right to enter the country, and the right to own land. For the state, the power to decide who belongs to the political community is a fundamental prerogative. It is an expression of state sovereignty and a matter under the state’s domaine reserve,5 although International Law sets requirements that, if not met, determine the ineffectiveness of citizenship status in the international arena.6 Stringent as these International Law 1 Assistant Professor at the Law School of the University of Minho, Portugal.