A/HRC/20/25/Add.1
houses; and the gender dimensions of accessing the benefits. 75 Without these criteria in
place, the programme will be seen as charity, not an entitlement of the beneficiaries, and
will be open to abuse and manipulation.
65.
A serious impediment to the realization of the right to adequate housing in TimorLeste is the complex situation of land titling. The violence following the 1999 referendum
resulted in the destruction, inter alia, of many valuable records and files, including land and
property titles. Land claims are complicated by historical land confiscations, population
displacement and the multiplication of legal regimes, which include Portuguese, Indonesian
and local land regimes and transactions. 76 A 2012 report of the World Bank and the
International Finance Corporation ranked Timor-Leste 183rd out of 183 countries in terms
of ease of registering property.77 Of the estimated 200,000 land parcels in Timor-Leste, less
than 25 per cent have ever been formally registered. Few recorded deeds still exist, the
majority having been destroyed during the violence of 1999. 78 A large number of families
dwell on land to which they do not hold a legal title, or which is claimed by several parties
or the State.
66.
Throughout the visit, the Special Rapporteur received information concerning forced
eviction practices in the country. Meeting with families temporarily living in Aitarak Laran
after having been evicted from their homes in ex-Brimob in Bairo-Pite, she witnessed the
detrimental impacts of these evictions. In some cases families had been living on plots for
many years before being evicted without proper notice. While the majority of evicted
families had received some financial compensation, many claimed that it was insufficient to
purchase new land and rebuild new homes. Their new living conditions do not provide
adequate shelter to withstand the rainy season, nor access to adequate sanitation facilities.
67.
While the Special Rapporteur is confident that the Government is aware of the
complex situation of land ownership in Timor-Leste, the use of such eviction practices is in
clear violation of its human rights obligations. The struggles of nation-building and
development cannot be an excuse to displace and destroy the homes of people living in
poverty, who are entitled to protection against forced evictions and arbitrary interference in
their home and privacy. Where justifiable in the most exceptional circumstances, evictions
must meet the strict requirements set down in the basic principles and guidelines on
development-based evictions and displacement.79
68.
Three land laws have been under long and extensive discussion in Parliament, and
were adopted after the completion of the Special Rapporteur’s visit. The Special Rapporteur
welcomes the identification of land-regime reform as a priority, and acknowledges that both
Government and Parliament have taken steps to provide a clear and stable legal framework.
However, a preliminary review of the recently adopted laws raises concerns about the
compliance of several aspects of the laws with international human rights standards and
obligations, including with respect to the participation of civil society in the discussions.
With these reservations in mind, the Special Rapporteur welcomes the recent decision by
the former President to veto the laws and send them back to Parliament for additional
appraisal, and she calls on the Government to invite the Special Rapporteur on adequate
75
76
77
78
79
18
See below the analysis of these elements in social protection programmes.
World Bank, ―The lay of the land: land access and dispute resolution in Timor-Leste‖, Justice for the
Poor briefing note, June 2010.
World Bank and the International Finance Corporation, ―Ease of doing business in Timor-Leste‖,
available from www.doingbusiness.org/data/exploreeconomies/timor_leste.
USAID Country Profile, Property Rights and Resource Governance: Timor-Leste, 2011, p. 7.
A/HRC/4/18, annex I. See also Committee on Economic, Social and Cultural Rights general comment
No. 7 (1997) on the right to adequate housing: forced evictions.