In 2010, the country was reported to have issues with lack of fair trials, the use of excessive force by police, and a pervading sense of impunity for past human rights breaches.
[3] The judicial system suffers from a lack of staffing and resources, thus even though the law prohibits arbitrary arrest and detention, incarceration may occur because judges are unavailable, and there are long delays until people are heard at trial.
[3] Fighting between the police and defence force led to violent riots in 2006 resulting in civilian displacement and deaths.
[8] However, significantly, the President commuted the sentences of those responsible for the 2006 riots,[7] and pardons were given to those involved with the 2008 violence,[2] creating a perception of impunity, and the subsequent vetting process has not resulted in any dismissals for past human rights violations.
[2] Training programmes have resulted in some improvements,[7] although allegations of human rights violations by the police and military continue to be made.
[18] This has limited the ability of smaller parties to compete in some areas, as the better funded CNRT and Fretilin are more able to transport their supporters to polling stations.
In 2015 Francisco Guterres (the Fretilin candidate) was endorsed by prime minister Xanana Gusmão, his erstwhile rival, and won with over 60 percent of the vote, showing that a large proportion of voters currently prefer the power sharing arrangement, despite its drawbacks.
Leach predicts this will gradually change in future elections as a greater proportion of voters come from generations with no experience of the struggle for independence.
During both regimes, land was confiscated from its traditional owners by force and consolidated into the hands of loyalists, a policy that created substantial ethnic and regional divisions.
While a 2016 survey found that 87 per cent of residents in Dili considered themselves the owners of the land where they lived, only just over half of respondents said they had legal title to it.
Resource and staffing constraints have also resulted in a substantial backlog in the courts, making it difficult to seek a legal remedy and there have been reported cases of abuse from the security services in conducting evictions.
[28] According to this survey, despite high levels of perceived ownership, the majority of households in Dili fear to varying degrees that they will be evicted in five years.
[31] However, the U.S. Department of State notes that the Timorese government typically prefers to prioritise matters of perceived national importance over those of human rights and while some action has been taken to prosecute those involved in abuses, public perceptions of impunity persist.
In its 2016 report as part of the Universal Periodic Review, it acknowledged that the right to property is enshrined in Article 54.1 of the Constitution.
[34] On 6 February 2017 the National Parliament of Timor-Leste unanimously approved the Special Regime for the Ownership of Immovable Property, more commonly known as the 'Land Law', and it was officially enacted on the 1 June 2017.
[22] The purpose of the law is “to clarify the legal status of land ownership by bringing into effect the different dimensions of the right to private property provided for in the Constitution of Timor-Leste”.
[22] It also provides criteria for the resolution of ownership disputes and will create a National Land Registry to manage property titles.
[36] Both Portugal and Indonesia in their role as colonists created and maintained traditional patriarchal social structures, marginalising women.
Statistics from the UN in 2009 showed that approximately 20 percent of primary school-age children nationwide were not enrolled in school, with even higher levels of non-enrolment in rural areas.
[7][39] Its mandate is to investigate complaints of human rights violations, maladministration and corruption, and to carry out monitoring, advocacy and promotional activities.
[39] However, there is a need for a PDHJ presence in the regions, as at present complainants from the districts need to travel to Dili to lodge complaints, thus inhibiting the process.