UNDP Strengthening the Justice System in Timor Leste Programme

A Review of the 2010 Domestic Violence Law in Timor-Leste

Asian Journal of Comparative Law ◽

10.1017/s2194607800000855 ◽

2013 ◽

Vol 8 ◽

pp. 1-26 ◽

Cited By ~ 2

Author(s):

Jeswynn Yogaratnam

Keyword(s):

Domestic Violence ◽

Justice System ◽

Health Care Services ◽

Legal Framework ◽

Cultural Relativism ◽

Care Services ◽

Resolution System ◽

Timor Leste ◽

The Impact ◽

Domestic Violence Law

AbstractIn July 2010 the Timor-Leste Government promulgated the Law Against Domestic Violence. This is part of a constitutional promise to improve women and child security. Inherent in this development is the shift from traditional dispute resolution system to a state criminal justice system. This shift identifies domestic violence as a public crime and relies on greater participation from the stakeholders of domestic violence, i.e., the police, prosecution, legal services, health care services, social care services and community leaders. This paper examines the legal framework of the new domestic violence law and the impact on the stakeholders in delivering the legal obligation to promote women and child security in Timor-Leste. Inherent in this discussion is the question of whether the new law can reform the traditional justice system, change community behaviour and meet the competing challenges of cultural relativism in each district of Timor-Leste.

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Taking Local Agency Seriously: Practical Hybrids and Domestic Violence in Timor-Leste

International Journal on Minority and Group Rights ◽

10.1163/15718115-02203007 ◽

2015 ◽

Vol 22 (3) ◽

pp. 435-458 ◽

Cited By ~ 1

Author(s):

Tom Kirk

Keyword(s):

Domestic Violence ◽

Justice System ◽

State Building ◽

Vulnerable Groups ◽

Access To Justice ◽

Legal Aid ◽

International Organisations ◽

Checks And Balances ◽

Timor Leste ◽

Governance Practices

For many observers, state-building in Timor-Leste has overlooked and undermined local norms and governance practices, resulting in a potentially destabilising distance between citizens and the state. The emerging state justice system has been singled out for imposing inaccessible and alien institutions onto a population that has historically fought to retain its identity. Nonetheless, viewing access to justice as central to development and peace, local and international organisations continue to work to aid the equitable and swift resolution of disputes. Drawing upon qualitative fieldwork that examined a recent legal aid and paralegal programme, this article argues that some of these efforts are addressing earlier criticisms through the creation of practical hybrids; practices that use both imported and existing social norms to fulfil their clients’ needs. However, the article concludes that such programmes should identify opportunities to introduce checks and balances that can further protect the vulnerable groups.

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