Economic Opportunities for Women in the Pacific - Case - IFC

While this situation is burdensome for all businesses,
women suffer disproportionately. There is strong evidence
of discriminatory attitudes and practices towards women
on the part of judges and other court officials. A study
carried out in 2005 found that progress of women-related
cases mainly related to gender based violence in courts is
extremely slow, and non-existent in many cases. According
to this study, only 16 percent of all women-related cases
actually proceed to the trial stage. 11 Alarmed by this
situation, a Women’s Justice Unit was established in 2004
to monitor cases and decisions involving women. The unit is
now providing legal assistance to women in cases involving
domestic and sexual violence, and is monitoring the legal
process in the courts for women involving both commercial
and criminal cases.
With the formal system ineffective, the traditional ‘adat’
approach is to seek the intervention of a trusted community
leader who asks the villagers to congregate together and
discuss the issue at hand. However, women are not allowed
to join the congregation, unless they need to give evidence
as a party to the dispute or as a witness.
Community elders normally decide on a solution and a fee
to be paid, and the process concludes with a traditional
ceremony. A key challenge is that the traditional system
absolves individuals from negotiating a solution to the
problem – it is left to a third party to decide.
Fees and the cost of hosting the traditional ceremony make
this system of conflict resolution expensive. As a result, a
large number of conflicts are not settled at all. Moreover,
women are excluded from the process, and they often
lack the knowledge that they even have the right to access
justice, let alone knowing what their rights are. Given this
situation, it is no wonder that Donna Helena prefers verbal
contract arrangements. However, clients that come to her
through word of mouth do not always pay her bill without
reminders. While some do pay within a week or two, others
do not pay for up to a few months. She or one of her
sons has to go to the clients’ office in Dili to ask them for
payment. The bottleneck is often with the finance staff in
the departments who are also seeking funds from others to
pay their various creditors. If debtors do not pay, she often
decides that she will not cater for them in the future.
12
11 Bere, Ma. 2005. “Women and Justice in Timor-Leste.”
Development Bulletin No 68, pp.55 - 57.
Knowing someone can greatly influence the speed by which
a contractual dispute can be resolved. Donna Helena laughs
recounting how the President of Timor-Leste assisted her in
the past. He insisted to the government departments that if
“they want to keep using Helena’s catering they should go
and pay her immediately.” This has helped and often meant
immediate down payment of 50 percent of the outstanding
amount. Despite such occasional help, issues of cash flow
and working capital remain critical for Donna Helena’s small
business.
Next Steps Donna Helena continues to work from home,
on the land and property left to her by her husband who
passed away several years ago. She is content there, but
would save more time if she or her sons didn’t need to keep
chasing after unpaid bills. The cash flow of the business
deeply affects how she can provide for her family. She
would prefer debtors to pay more promptly, so she could
better look after her family, have more time and avoid
contract disputes and the courts.
What makes her happy about being in business? “Being
able to have my own money and look after those around
me,” she says.
Donna Helena, like many women who have been through
years of Portuguese and Indonesian rule, the 1999 crisis
that led to the country’s independence and the 2006
turmoil in Timor-Leste, are most concerned with their
family’s immediate welfare. She is less concerned with
growing the business. “I have no plans for the future and
am happily looking after the business and my six children,
and their grandchildren. The money from Pastaleria
Malmequer helps me look after my family.”