Human trafficking in East Timor
Encyclopedia
East Timor
is a destination country for women from Indonesia
, the People’s Republic of China (P.R.C.), Thailand
, Malaysia, and the Philippines
trafficked
for the purpose of commercial sexual exploitation
. Timorese women and children are vulnerable to being trafficked from rural areas or from camps for internally displaced persons to Dili
with lures of employment and then forced into commercial sexual exploitation. Following the re-establishment of international peacekeeping operations in 2006, several businesses suspected of involvement in sex trafficking have reopened. Widespread internal displacement
, poverty
, and lack of awareness of trafficking risks could lead East Timor to become a source of vulnerable persons trafficked to other countries.
The government of East Timor
does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. In 2007, the government reconvened its interagency Human Trafficking Task Force and included representatives from international organizations and civil society. The January 2 and 17, 2008 raids against two brothel
s fronting as bars also reflect the new government’s commitment to increase its efforts to combat trafficking.
of a national penal code, East Timor’s judicial system still relies significantly on the Indonesian penal code
. The government similarly depends upon international assistance to process court cases, the backlog of which rose to over 4,000 by the end of 2007. The government also relies on international police officials for a significant share of its law enforcement effort. The Timorese police
will only begin to assume independent law enforcement authority incrementally during the course of 2008.
East Timor prohibits all forms of sex and labor trafficking through its 2003 Immigration and Asylum Act, which prescribes penalties for sex trafficking that are sufficiently stringent, but are not commensurate with those prescribed for rape
. While there were no reported prosecutions or convictions for trafficking for labor or sexual exploitation during the last year, law enforcement operations increased. In November 2007, the government intervened to prevent a group of minors from traveling to Malaysia under circumstances that suggested trafficking. In January 2008, the United Nations
Police Force (UNPOL) and the National Police of East Timor
(PNTL) conducted a joint raid at a Dili bar suspected of sex trafficking. They arrested 32 suspects, mainly women from the P.R.C., Indonesia, Malaysia, and East Timor. The PNTL conducted a separate raid at another Dili bar, where they arrested over 87 suspects, mainly foreign women engaging in prostitution. While neither raid resulted in prosecution of traffickers, Timorese authorities also did not prosecute the victims. In both cases, the Timorese police detained and then released all suspects after 48 hours and after charging the foreign women with immigration violations because they had entered the country on tourist visas or without visas.
The Office of the Prosecutor-General dismissed cases against suspected traffickers in both cases due to the lack of witnesses. There are allegations that some police officers in Dili have accepted bribes or sex in exchange for allowing brothels with suspected trafficking victims to continue operations. There has been no official confirmation of these allegations of low-level corruption from the government, international organizations, or non-governmental organization
s (NGOs).
, and social services personnel do not employ formal procedures to proactively identify trafficking victims among high-risk populations, such as foreign women engaging in prostitution. Therefore, victims of trafficking may be charged with immigration violations and either deported or repatriated through a process known as “voluntary abandonment.” Under this arrangement, foreigners found in East Timor without valid documentation
, but thought to be trafficking victims, are given 10 days to depart the country and are provided assistance with travel documents. There is no threat of prosecution involved in the voluntary abandonment process, and there were no reports of voluntary abandonment being forced or coerced.
Several other victims were repatriated through the help of their embassies or an international organization. The Ministry of Labor assisted in arranging shelter and aid for victims of trafficking with local NGOs or international organizations when cases are brought to its attention. The government did not provide victims with legal alternatives to their removal to countries where they face hardship or retribution. Although the government encouraged victims to participate in investigations or prosecutions, it also penalized victims for unlawful acts committed as a direct result of their being trafficked.
and delivering an anti-trafficking message.
A two-day anti-trafficking workshop held in Dili in March 2008 for law enforcement officers, civil servants, and NGOs, highlighted ministerial level commitment to raising Timorese awareness of the problem of trafficking in persons. At the opening ceremony, the Foreign Minister emphasized that the government views border security as crucial in the fight against human trafficking. He outlined efforts by the military and the police to improve border security, and reaffirmed the commitment of the government to strengthening cooperation both inter-agency and with international partners. While modest, these steps indicate a growing commitment by the government to overcome its limited resources and reliance on international organizations and NGOs to increase public awareness. East Timor has not ratified the 2000 UN TIP Protocol.
East Timor
The Democratic Republic of Timor-Leste, commonly known as East Timor , is a state in Southeast Asia. It comprises the eastern half of the island of Timor, the nearby islands of Atauro and Jaco, and Oecusse, an exclave on the northwestern side of the island, within Indonesian West Timor...
is a destination country for women from Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
, the People’s Republic of China (P.R.C.), Thailand
Thailand
Thailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...
, Malaysia, and the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
trafficked
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...
for the purpose of commercial sexual exploitation
Sexual exploitation
Sexual exploitation may refer to:*Sexual slavery*Sexual exploitation and abuse in humanitarian response...
. Timorese women and children are vulnerable to being trafficked from rural areas or from camps for internally displaced persons to Dili
Dili
Dili, spelled Díli in Portuguese, is the capital, largest city, chief port and commercial centre of East Timor.-Geography and Administration:Dili lies on the northern coast of Timor island, the easternmost of the Lesser Sunda Islands....
with lures of employment and then forced into commercial sexual exploitation. Following the re-establishment of international peacekeeping operations in 2006, several businesses suspected of involvement in sex trafficking have reopened. Widespread internal displacement
Internally displaced person
An internally displaced person is someone who is forced to flee his or her home but who remains within his or her country's borders. They are often referred to as refugees, although they do not fall within the current legal definition of a refugee. At the end of 2006 it was estimated there were...
, poverty
Poverty
Poverty is the lack of a certain amount of material possessions or money. Absolute poverty or destitution is inability to afford basic human needs, which commonly includes clean and fresh water, nutrition, health care, education, clothing and shelter. About 1.7 billion people are estimated to live...
, and lack of awareness of trafficking risks could lead East Timor to become a source of vulnerable persons trafficked to other countries.
The government of East Timor
Politics of East Timor
Politics of East Timor takes place in a framework of a parliamentary representative democratic republic, whereby the Prime Minister of East Timor is the head of government, and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both the...
does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. In 2007, the government reconvened its interagency Human Trafficking Task Force and included representatives from international organizations and civil society. The January 2 and 17, 2008 raids against two brothel
Brothel
Brothels are business establishments where patrons can engage in sexual activities with prostitutes. Brothels are known under a variety of names, including bordello, cathouse, knocking shop, whorehouse, strumpet house, sporting house, house of ill repute, house of prostitution, and bawdy house...
s fronting as bars also reflect the new government’s commitment to increase its efforts to combat trafficking.
Prosecution
The government of East Timor demonstrated limited anti-trafficking law enforcement efforts over the past year. Pending promulgationPromulgation
Promulgation is the act of formally proclaiming or declaring a new statutory or administrative law after its enactment. In some jurisdictions this additional step is necessary before the law can take effect....
of a national penal code, East Timor’s judicial system still relies significantly on the Indonesian penal code
Law of Indonesia
Law of Indonesia is based on a civil law system, intermixed with customary law and the Roman Dutch law. Before the Dutch colonization in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat...
. The government similarly depends upon international assistance to process court cases, the backlog of which rose to over 4,000 by the end of 2007. The government also relies on international police officials for a significant share of its law enforcement effort. The Timorese police
National Police of East Timor
-History:The PNTL was established in May 2002 by the United Nations, before sovereignty was passed to the new state, with a mandate to provide security and maintain law and order throughout the country, and to enable the rapid development of a credible, professional and impartial police service...
will only begin to assume independent law enforcement authority incrementally during the course of 2008.
East Timor prohibits all forms of sex and labor trafficking through its 2003 Immigration and Asylum Act, which prescribes penalties for sex trafficking that are sufficiently stringent, but are not commensurate with those prescribed for rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
. While there were no reported prosecutions or convictions for trafficking for labor or sexual exploitation during the last year, law enforcement operations increased. In November 2007, the government intervened to prevent a group of minors from traveling to Malaysia under circumstances that suggested trafficking. In January 2008, the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Police Force (UNPOL) and the National Police of East Timor
National Police of East Timor
-History:The PNTL was established in May 2002 by the United Nations, before sovereignty was passed to the new state, with a mandate to provide security and maintain law and order throughout the country, and to enable the rapid development of a credible, professional and impartial police service...
(PNTL) conducted a joint raid at a Dili bar suspected of sex trafficking. They arrested 32 suspects, mainly women from the P.R.C., Indonesia, Malaysia, and East Timor. The PNTL conducted a separate raid at another Dili bar, where they arrested over 87 suspects, mainly foreign women engaging in prostitution. While neither raid resulted in prosecution of traffickers, Timorese authorities also did not prosecute the victims. In both cases, the Timorese police detained and then released all suspects after 48 hours and after charging the foreign women with immigration violations because they had entered the country on tourist visas or without visas.
The Office of the Prosecutor-General dismissed cases against suspected traffickers in both cases due to the lack of witnesses. There are allegations that some police officers in Dili have accepted bribes or sex in exchange for allowing brothels with suspected trafficking victims to continue operations. There has been no official confirmation of these allegations of low-level corruption from the government, international organizations, or non-governmental organization
Non-governmental organization
A non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...
s (NGOs).
Protection
A severe lack of resources and human resources capacity constraints continued to limit the Timorese government’s ability to provide assistance to victims of trafficking during the reporting period; the government continued to rely on international organizations and NGOs for victim protection. Its law enforcement, immigrationImmigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
, and social services personnel do not employ formal procedures to proactively identify trafficking victims among high-risk populations, such as foreign women engaging in prostitution. Therefore, victims of trafficking may be charged with immigration violations and either deported or repatriated through a process known as “voluntary abandonment.” Under this arrangement, foreigners found in East Timor without valid documentation
Passport
A passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth....
, but thought to be trafficking victims, are given 10 days to depart the country and are provided assistance with travel documents. There is no threat of prosecution involved in the voluntary abandonment process, and there were no reports of voluntary abandonment being forced or coerced.
Several other victims were repatriated through the help of their embassies or an international organization. The Ministry of Labor assisted in arranging shelter and aid for victims of trafficking with local NGOs or international organizations when cases are brought to its attention. The government did not provide victims with legal alternatives to their removal to countries where they face hardship or retribution. Although the government encouraged victims to participate in investigations or prosecutions, it also penalized victims for unlawful acts committed as a direct result of their being trafficked.
Prevention
The Government of East Timor continued to rely on international organizations and NGOs for awareness raising efforts on trafficking in persons. The Human Trafficking Task Force, which includes representatives from the government, international organizations, and local NGOs, resumed meetings in August 2007, after a hiatus resulting from the 2006 crisis. A collaborative public awareness campaign by the government, international organizations, and local NGOs produced posters and leaflets targeting potential victims in Dili and throughout the districts. The leaflets provide emergency contact telephone numbers for the police and NGOs. Another campaign features senior government officials holding handcuffsHandcuffs
Handcuffs are restraint devices designed to secure an individual's wrists close together. They comprise two parts, linked together by a chain, a hinge, or rigid bar. Each half has a rotating arm which engages with a ratchet that prevents it from being opened once closed around a person's wrist...
and delivering an anti-trafficking message.
A two-day anti-trafficking workshop held in Dili in March 2008 for law enforcement officers, civil servants, and NGOs, highlighted ministerial level commitment to raising Timorese awareness of the problem of trafficking in persons. At the opening ceremony, the Foreign Minister emphasized that the government views border security as crucial in the fight against human trafficking. He outlined efforts by the military and the police to improve border security, and reaffirmed the commitment of the government to strengthening cooperation both inter-agency and with international partners. While modest, these steps indicate a growing commitment by the government to overcome its limited resources and reliance on international organizations and NGOs to increase public awareness. East Timor has not ratified the 2000 UN TIP Protocol.