Demographic and Health Survey 2009-10 - Timor-Leste Ministry of ...

DOMESTIC VIOLENCE 16
In the words of former United Nations Secretary General, Kofi Annan, “violence against
women is perhaps the most shameful human rights violation. And it is perhaps the most pervasive. It
knows no boundaries of geography, culture, or wealth. As long as it continues, we cannot claim to be
making real progress towards equality, development, and peace” (UNIFEM, 2003).
The World Health Organization (WHO) defines domestic violence as “the intentional use of
physical force or power, threatened or actual, against oneself, another person, or against a group or
community, that either results in or has a high likelihood of resulting in injury, death, psychological
harm, mal-development, or deprivation” (Krug et al., 2002). Domestic violence is defined here as any
act of violence resulting in physical, sexual, or psychological harm or suffering to women, girls, and
also men, including threats of such acts, coercion, or arbitrary deprivation of liberty.
Domestic violence is the most common form of gender-based violence in Timor-Leste.
Studies have indicated that Timor-Leste has a long history of culturally accepted forms of domestic
violence. People prefer not to talk about domestic violence, as it is considered a private matter.
Therefore, reporting on domestic violence is considered a societal taboo. It is expressed that
“Gender-based violence is widespread in Timor-Leste, yet perpetrators are rarely punished. Family
disputes and domestic violence is often considered a ‘normal,’ yet very private occurrence within the
family” (Concern.net, 2008).
It is not a common practice to seek justice through traditional justice systems; the perpetrators
of gender-based violence cannot simply be punished or removed from the community. Often the
family of the perpetrator gives animals (water buffalos, goats, or pigs) to the victim’s family. This gift
opens an avenue of reconciliation that concludes with a ceremony, usually a feast, indicating that
there are no more hard feelings and no need for social disturbances. After the conclusion of such a
ceremony, the perpetrator is once again allowed to move around freely. A baseline study conducted in
2007 in the two districts of Covalima and Bobonaro indicated that the patriarchal belief of women’s
role in society, religion, and preconceived notions of sexuality make discussions of sexual and
gender-based violence nearly impossible (UNMIT, 2009).
After a concerted lobbying effort led by the Office of the Secretariat of State for the
Promotion of Equality, the United Nations Population Fund (UNFPA), the United Nations
Development Fund for Women (UNIFEM), UNMIT and local and international NGOs, the National
Parliament in Timor-Leste passed a Law Against Domestic Violence on May 3, 2010, which came
into force one month later. These efforts represented the culmination of seven years’ work, which
involved harmonization with relevant provisions of the Timorese Criminal Code. The Law Against
Domestic Violence clearly states that crimes of domestic violence are public crimes and also provides
for medical, legal, and psycho-social support for survivors. However, consideration of the law did not
occur until 2009 after the penal code was approved which included domestic violence as a punishable
crime for the first time under Timorese or Indonesian rule (UNIFEM, 2010). The law was finally
promulgated by the President on June 21, 2010.
The 2009-10 TLDHS included a series of questions that focus on specific aspects of domestic
and interpersonal violence. The module addresses women’s experience of interpersonal violence,
including acts of physical, sexual, and emotional violence. Information was collected on both
domestic violence (also known as spousal violence or intimate partner violence) and violence by other
family members or unrelated individuals. Specifically, this chapter presents the findings on women
who ever experienced interpersonal violence—physical violence since the age of 15, lifetime
experience of sexual violence—and women who experienced partner violence ever and in the past
12 months. In addition, detailed information is presented on partner violence, including the physical
consequences of violence and when partner violence began.
Domestic Violence | 225