By Anne Hennings, reviewed by Francisco Sarmento, food security and rural development specialist
23 July 2021
In 2002, Timor Leste emerged from a difficult colonial past under Portuguese and Indonesian rule. Since independence, the country has achieved substantial progress in combating poverty and facilitating economic growth, mostly through hydrocarbon extraction and oil revenues. Nonetheless, the country still ranks among the poorest in Southeast Asia. The population lives mostly in the countryside off subsistence farming.
Timor Leste’s Land Law recognizes community property which has proved to be more resilient to political changes than statutory law. Customary land ownership is inseparable from questions of group identity and belonging.
An aerial view of the rice fields in Baucau, Timor-Leste.UN, 2008 CC BY-NC-SA 2.0
Post-war and post-colonial Timor Leste has faced a highly challenging land administration context1. Not only did the country experience different waves of dispossession and displacement from Portuguese colonization to Japanese occupation and Indonesian invasion. As a result, there are numerous unresolved, partly overlapping and competing land claims between current residents, traditional land claims, and land holders going back to colonial eras. In addition, more than 75 % of the population was displaced at the end of the war in 1999 by Indonesian militia groups who also largely destroyed the country’s physical infrastructure, property, and land records2 .
The Constitution recognizes equal rights between men and women, the right to private property for national citizens and the right to fair compensation in cases of state-driven expropriation. Customary rights are recognized as long as they do not contradict the constitution or formal laws. In 2017, the new land law was promulgated and has been implemented since then. It is supposed to address the complex land rights crisis by providing tenure security and harmonizing the pluralistic tenure system.
The primary reasons for land conflicts in Timor Leste are family or inheritance disputes, the expropriation of land by the government, and multiple claims on land parcels. Customary conflict resolution mechanisms have prevailed despite years of violence, displacement, and growing state interference3.
Land legislation and regulations
Formal and customary land tenure has been challenged and adapted over decades of colonization, violence, displacement, and the UN transitional administration. Property regimes changed under and after colonial rule and land was appropriated, abandoned, occupied, and redistributed numerous times. Most recently, violent land-related conflicts erupted in 2006 which resulted in a new displacements and property occupations.
After years of a political stalemate since Indonesia’s land statutes were suspended in 1999, the country adopted the Special Regime for the Ownership of Immovable Property, commonly known as the Land Law, eventually promulgated in June 2017. Politicians, lawyers, and civil society faced challenging and sensitive questions of land restitution, and technical and political issues related to the recognition of overlapping land titles issued under previous administrations4. In order to address these, the new law draws on the principle of compensation where there are multiple claims. However, concerns are raised as people occupying land onto which they were forcibly displaced, such as under Indonesia’s rule, do not receive tenure protection, for example5. Timor Leste received much international support (and pressure) to develop a land law that tackles all key issues and at the same time facilitates foreign investments in land6. It remains to be seen if the country’s administration and justice system has the capacities to deal with the complex legislation and the arising disputes.
The Direção Nacional de Terras, Propriedade e Serviços Cadastrais (DNTPSC) – already established in 2003 – is responsible for land administration, documentation regarding the use and ownership in the National Land Registry, and conflict settlement. The Registry aims to enable a transparent and safe land market. The US-funded Ita Nia Rai (Our Land) project undertook a first systematic nationwide data collection of land parcel registration from 2007 to 20127.
Land tenure classifications
According to the new Land Law, Timor Leste’s land rights system distinguishes between customary or traditional tenure (hak adat) and freehold tenure (hak milik). Landholders may also possess a combination of private and traditional titles, but the vast majority holds customary rights. Additional sub-categories are freehold tenure that is in line with customary land rights (hak adat pribadi) and the right to use land (hak pakai)8. While customary practices are acknowledged legally, they must conform to the constitution9.
For the first time, the Land Law recognizes community property which proved to be more resilient to political changes than statutory law10. Customary land ownership is inseparable from questions of group identity and belonging. Descendants of early settlers whose family history is intertwined with mythical origin narrations are prioritized in claim making and play an important role in land management and dispute resolution11. Nonetheless, there are also limited possibilities for migrants to become (temporarily) part of this inherently relational system and settle down12. Customary land rights can be transferred to freehold rights.
Tenure security has been a major issue in the country. Commonly, people consider themselves as the rightful landholder despite not having a land title. This leaves the majority of the population without legal tenure security. Less than one quarter of all land parcels were formally registered during colonial rule13. In 2016, almost half of the residents in the capital Dili and more than 80 % in rural areas had no legal rights to the land they live and/or farm on and are at risk of state expropriation without the right to compensation14.
If conflicts arise, most people prefer conflict resolution on village level, such as the “roll out the mat” mediation (nahe biti)15. The Land Law reflects this acknowledgement of customary justice in land and property issues.
Land use trends
About 70 % of the population lives in rural areas, where poverty rates are high16. Livelihoods of more than 80% center around subsistence farming, forestry, and fisheries. Shifting agriculture including the slash-and-burn method are commonly practiced. Most farmers own less than 1 hectare and grow main food crops, such as rice, corn, sweet potato and cassava. Irrigation levels are very low.
The soil in Timor Leste is relatively unproductive as it is not volcanic but a mix of limestone and sea clay. Estimations of the total amount of arable land range from 8 to 13 %. The north is rich in natural resources, namely gold, silver, copper, or manganese which are not mined yet. For now, hydrocarbon extraction at sea is the key revenue for the country17.
Timor Leste is popular for its vast primary forest, covering 46 % of the land area in 2010. However, deforestation is among the highest in Southeast Asia, decreasing the forest cover by 3.8 % between 2001 and 201918. Various commercially valuable timber species grow in Timor Leste.
Domingus Asep Soares throws rocks into the cliff to build retention walls to assist with the erosion in Eraulo west of Dili. Asian Development Bank, 2011. CC BY-NC-SA 2.0
Land acquisitions
In most parts of Timor Leste local or customary authorities administer land allocations and transfers. Unlike western-like ownership, there may be more than one beneficiary with rights over the same parcel of land. Accordingly, landholders may or may not be allowed to allocate, rent, sell, or inherit land to family or community members, foreigners or people from other municipalities, or even build a house on their land19. Based on kinship-based norms and rules, there are specific rights to use land for business purposes (hak guna usaha), to lease land for agricultural purposes (hak pengelolaan), or the right to lease land in general (hak sewa). Pemberian hak is the administrative process of acquiring land rights.
A major issue in contemporary Timor Leste is state-driven dispossession for infrastructure projects. The Expropriation Law for Public Utility 08/2017 allows the state to forcibly acquire private land for public purposes. Without any right to compensation, the majority of the population risks dispossession by the state20. The Land Law lacks legal protection for families without land titles including customary landholders.
The government actively promotes investments in agriculture, tourism, and petroleum extraction in order to strengthen and diversify the economy. However, the interest in agribusiness projects remains relatively low, largely due to low soil fertility. In recent years, few negotiations about large-scale biofuel investments took place but these operations either failed or have been delayed21.
Women’s land rights
Although the country shows one of the highest rates of political representation of women on national level, gender inequality, in particular discrimination against women in accessing land, is a major problem22. Earlier land titling programs (2007-2012), for example, set wrong incentives which indirectly led to a rise of male ownership because the registration of female titles or couples’ claims were more time-consuming.
Recently, the government has prioritized gender equality, which is also mirrored in the new Land Law. Legally speaking, women are allowed to own land as much as men or land may be owned by both spouses. However, these efforts are largely restrained by patriarchal customary norms and social practices23. Communities are mostly organized patrilineal with men having greater access to land and control over resources, excluding women from participating in traditional decision-making processes. In some areas, customary law does not allow women to inherit land24. An exception are the few matrilineal communities, such as Búnaque, Tetum-Terik und Galoli, where women can own and inherit land and property25.
Planting mangroves, Timor-Leste, 2002. UNDP Climate CC BY-NC-SA 2.0
Voluntary Guidelines on Responsible Tenure (VGGT)
Timor Leste has not endorsed the VGGTs nor have the principles been incorporated into the country strategies that relate to land issues yet.
Timeline - milestones in land governance
Pre-colonial times – Customary tenure
Until today, descendants of early settlers whose family history is intertwined with mythical origin narrations are prioritized in claim making and play an important role in land management and dispute resolution.
Mid-16th century - 2002 - Colonial times
The country experienced waves of dispossession and displacement under Portuguese colonization, Japanese occupation, and Indonesian rule. Property regimes changed under and after colonial rule and land was appropriated, abandoned, occupied, and redistributed numerous times.
1999 - Large-scale displacement
More than 75 % of the population was displaced at the end of the war by Indonesian militia groups who also largely destroyed the country’s physical infrastructure, property, and land records.
2002 - Independence
In the wake of independence from Indonesia, most IDPs returned or settled down in urban areas.
2007-2012 – Implementation of the first land parcel registration
The US-funded Ita Nia Rai (Our Land) project undertook a first systematic nationwide data collection of land parcel registration.
2017 – Adoption of the Special Regime for the Ownership of Immovable Property
For the first time, the new land law recognizes customary tenure. It also seeks to increase tenure security and harmonize the pluralistic tenure system.
2017 – Adoption of the Expropriation Law for Public Utility (08/2017)
The law allows the state to forcibly acquire private land for public purposes, such as infrastructure projects. It does not protect families without land titles which is why the majority of the population is at risk of dispossession.
Where to go next?
The author’s suggestion for further reading
This survey provides an excellent overview about land access, tenure security, and land-related conflicts.
A very detailed analysis on the country’s legal framework and women’s access to land you can find here.
Meitzner Yoder and Joireman compare customary and statutory tenure in contemporary Timor-Leste.
*** References
[1] Fitzpatrick, Daniel. 2002. Land policy in post-conflict circumstances: some lessons from East Timor. New Issues in Refugee Research Working Paper No. 58, p. 4. URL: https://www.unhcr.org/3c8399e14.pdf
[2] Ibid, p. 8.
[3] Almeida, Bernardo; Wassel, Todd. 2016. Survey on Access to Land, Tenure Security and Land Conflicts in Timor-Leste. Asia Foundation, p. 22. URL: https://asiafoundation.org/wp-content/uploads/2017/01/Survey-on-Access-to-Land-Tenure-Security-and-Land-Conflicts-in-Timor-Leste-1.pdf
[4] Meitzner Yoder, Laura S.; Joireman, Sandra. 2019. Possession and Precedence: Juxtaposing Customary and Legal Events to Establish Land Authority. Land 8(126): 9. URL: https://www.mdpi.com/2073-445X/8/8/126
[5] Special Regime for the Ownership of Immovable Property, Article 20.2
[6] Fitzpatrick, D.J. 2013. Property Endowments and Social Ordering: The long road to land law in Timor-Leste. In Property and Sovereignty: Legal and Cultural Perspectives; Smith, J.C., Ed.; Ashgate Publishing Limited: Surrey, UK: pp. 35–58.
[7] For more information see https://blog.usaid.gov/tag/ita-nia-rai/
[8] East Timor Land Law Program. 2004. Report on research findings, policy options and recommendations for a law on land rights and title restitution. Dili, 57. URL: https://www.laohamutuk.org/Oil/LNG/Refs/020ARDLandRights.pdf
[9] Constitution of Timor Leste, Section 2, Article 4
[10] Batterbury, Simon PJ et al. 2015 Land access and livelihoods in post-conflict Timor-Leste: no magic bullets. International Journal of the Commons 9(2), 619–647. URL: http://https://www.thecommonsjournal.org/articles/10.18352/ijc.514/ and Yoder, 2019, 11.
[11] Meitzner Yoder, Laura S.; Joireman, Sandra. 2019. Possession and Precedence: Juxtaposing Customary and Legal Events to Establish Land Authority. Land 8(126): 5. URL: https://www.mdpi.com/2073-445X/8/8/126
[12] Meitzner Yoder, Laura S.; Joireman, Sandra. 2019. Possession and Precedence: Juxtaposing Customary and Legal Events to Establish Land Authority. Land 8(126): 10. URL: https://www.mdpi.com/2073-445X/8/8/126
[13] East Timor Land Law Program. 2004. Report on research findings, policy options and recommendations for a law on land rights and title restitution. Dili, 14. URL: https://www.laohamutuk.org/Oil/LNG/Refs/020ARDLandRights.pdf
[14] Almeida, Bernardo; Wassel, Todd. 2016. Survey on Access to Land, Tenure Security and Land Conflicts in Timor-Leste. Asia Foundation, p. 22. URL: https://asiafoundation.org/wp-content/uploads/2017/01/Survey-on-Access-to-Land-Tenure-Security-and-Land-Conflicts-in-Timor-Leste-1.pdf
[15] Almeida, Bernardo; Wassel, Todd. 2016. Survey on Access to Land, Tenure Security and Land Conflicts in Timor-Leste. Asia Foundation, p. 34. URL: https://asiafoundation.org/wp-content/uploads/2017/01/Survey-on-Access-to-Land-Tenure-Security-and-Land-Conflicts-in-Timor-Leste-1.pdf
[16] FAO. 2018. FAOSTAT Timor Leste. URL: http://www.fao.org/faostat/en/#country/176
[17] FAO. 2018. FAOSTAT Timor Leste.
[18] Global Forest Watch. 2020. Timor Leste. URL: https://gfw.global/3ggXd0p
[19] Almeida, Bernardo; Wassel, Todd. 2016. Survey on Access to Land, Tenure Security and Land Conflicts in Timor-Leste. Asia Foundation, p.5. URL: https://asiafoundation.org/wp-content/uploads/2017/01/Survey-on-Access-to-Land-Tenure-Security-and-Land-Conflicts-in-Timor-Leste-1.pdf
[20] Meitzner Yoder, Laura Suzzane (2016). ‘Oecusse’s Special Economic Zone and Local Governance’ in SSGM in Brief 2016/5. Australian National University. And Almeida et al. 2016, p. 8.
[21] Land Matrix. 2020. Get the detail. Timor Leste. URL: https://landmatrix.org/data/by-target-country/timor-leste/
[22] FAO. 2014. At a glance. Timor Leste. http://www.fao.org/timor-leste/fao-in-timor-leste/timor-leste-at-a-glance/en/ and Almeida, Bernardo; Wassel, Todd. 2016. Survey on Access to Land, Tenure Security and Land Conflicts in Timor-Leste. Asia Foundation. URL: https://asiafoundation.org/wp-content/uploads/2017/01/Survey-on-Access-to-Land-Tenure-Security-and-Land-Conflicts-in-Timor-Leste-1.pdf
[23] Narciso, Vanda; Henriques, Pedro. 2010. Women and Land in Timor-Leste: Issues in Gender and Development. Indian Journal of Gender Studies 17(1) URL: https://journals.sagepub.com/doi/10.1177/097152150901700103
[24] CEPAD/ UN WOMEN. 2015. Women’s Access to Land and Property Rights
[25] CEPAD/ UN WOMEN. 2015. Women’s Access to Land and Property Rights in the Plural Justice System of Timor-Leste. Dili. URL: https://asiapacific.unwomen.org/-/media/field%20office%20eseasia/docs/publications/2015/01/cepad%20a2j%20research%20report_english_to%20print.pdf?la=en&vs=3502
Authored on
23 июля 2021
