Freedom in the World 2024 - Timor-Leste

FREE
72
/ 100
Political Rights 33 / 40
Civil Liberties 39 / 60
LAST YEAR'S SCORE & STATUS
72 / 100 Free
Global freedom statuses are calculated on a weighted scale. See the methodology.
 
 

Overview

Timor-Leste has held competitive elections and undergone peaceful transfers of power since gaining independence in 2002, but its democratic institutions remain fragile and disputes among leaders from the independence struggle dominate political affairs. Due process is undermined by serious capacity deficits.

Key Developments in 2023

  • In parliamentary elections held in May, the National Congress for Timorese Reconstruction (CNRT) party won 42 percent of the vote, while the incumbent Revolutionary Front for an Independent East Timor (Fretilin) won 26 percent. CNRT’s party leader, resistance leader Xanana Gusmão, became prime minister.
  • Also in May, the Association of Southeast Asian Nations (ASEAN) adopted a roadmap that outlines Timor-Leste’s path to full membership. Timor-Leste currently holds observer status in the bloc, and aims to achieve full membership as early as 2025.
  • In June 2023, Maria Fernanda Lay of the CNRT was elected president of Parliament; she is the first woman to hold the position.
  • In November 2023, the government banned all martial-arts groups for six months in response to rising violence that was linked to some of the groups. Martial-arts groups in Timor-Leste are known to instruct their members to support particular political parties, intimidate rival political factions, or form parties themselves.

Political Rights

A Electoral Process

A1 0-4 pts
Was the current head of government or other chief national authority elected through free and fair elections? 4 / 4

The directly elected president is a largely symbolic figure, with formal powers limited to the right to veto legislation and make certain appointments. The president may serve up to two five-year terms. Presidential elections were held in 2022, and a record 16 candidates competed in the first round. Former president José Ramos-Horta defeated the incumbent, Francisco Guterres of Fretilin, in the April 2022 runoff with 62.1 percent of the vote. Turnout stood at 77.3 percent in the first round and 75.2 percent in the second. Ramos-Horta was supported by Xanana Gusmão of the CNRT.

The leader of the majority party or coalition in Parliament becomes prime minister and serves as head of government. Xanana Gusmão, a former independence fighter, prime minister, and president, was sworn in as prime minister for a second time in July 2023. Gusmão replaced fellow independence fighter and former president José Maria Vasconcelos, popularly known as Taur Matan Ruak.

A2 0-4 pts
Were the current national legislative representatives elected through free and fair elections? 4 / 4

Members of the 65-seat, unicameral Parliament are directly elected by a single nationwide constituency and serve five-year terms. Members are elected through a closed-list proportional representation system, and parties must receive 4 percent of the vote to receive a seat in Parliament.

The previous governing coalition, made up of the People’s Liberation Party (PLP), Party for the Enhancement of Timorese National Unity (KHUNTO), and Fretilin, was formed in 2020. In parliamentary elections held in May 2023, CNRT won 42 percent of the vote, earning 31 of 65 seats in Parliament, while Fretilin won 26 percent and 19 seats. Since it did not win a majority, CNRT formed an alliance with the Democratic Party (PD), which won 6 seats, to form a government. KHUNTO won 5 seats, and the PLP won 4 seats.

Over 250 international election observers watched the polls. There were a few violent incidents during the campaign period, as well as issues with providing enough polling places, but despite this election observers from the Group of Seven Plus (g7+) found the elections to be transparent, well administered, safe, fair, and peaceful.

A3 0-4 pts
Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies? 3 / 4

Provisions governing elections are found across several pieces of legislation, and some of the electoral framework is ambiguous in practice. In 2023, Parliament passed an amendment to the electoral law that would introduce voting by mail, braille ballots, and “parallel voting” centers that would accommodate voters living outside of the area where they registered to vote. However, President Ramos-Horta vetoed the amendment in March, citing issues with the implementation of parallel voting centers.

B Political Pluralism and Participation

B1 0-4 pts
Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or groupings? 4 / 4

Political parties are generally free to operate. Campaign-finance regulations favor larger parties. There are no campaign spending caps, and government campaign subsidies are awarded after elections and based on the number of votes parties won.

New parties KHUNTO and PLP won 13 parliamentary seats between them in 2017 and formed a governing coalition with Fretilin in 2020. In 2023, 17 parties competed in parliamentary elections. The Greens of Timor Party (PVT) participated in parliamentary elections for the first time and won 3.6 percent of the vote, just short of the 4 percent threshold needed to enter Parliament.

B2 0-4 pts
Is there a realistic opportunity for the opposition to increase its support or gain power through elections? 4 / 4

Democratic transfers of power occur regularly in Timor-Leste.

While some smaller parties hold parliamentary seats, parties associated with the independence movement dominate. Fretilin, the CNRT, and the PLP have regularly participated in governments in recent years. Smaller parties like KHUNTO and the PD have been kingmakers—key to forming a government when none of the parties affiliated with the independence struggle have won an outright majority.

B3 0-4 pts
Are the people’s political choices free from domination by forces that are external to the political sphere, or by political forces that employ extrapolitical means? 3 / 4

Politics continue to be dominated by independence-movement figures who have formed political parties. Veterans often serve as power brokers and organizers, while local village leaders are known to mobilize voters despite their ostensible nonpartisan status.

Martial-arts groups, some of which have been linked to rising violence, are known to influence politics. Groups are known to instruct their members to support particular parties, intimidate rival political factions, or form parties themselves.

B4 0-4 pts
Do various segments of the population (including ethnic, racial, religious, gender, LGBT+, and other relevant groups) have full political rights and electoral opportunities? 3 / 4

Ethnic minorities are generally well represented in politics.

While male independence leaders often hold key political roles and dominate elite political circles, 37 percent of parliamentarians were women in mid-2023, due in part to an electoral quota. In June 2023, Maria Fernanda Lay of the CNRT was elected president of Parliament; she is the first woman to hold the position. Women remain underrepresented at the local level, where they account for five percent of village heads, and in the executive branch, where 16 to 21 percent of positions were filled by women in the last three governments. Observers suggest that few women would seek office in the absence of gender-parity legislation.

C Functioning of Government

C1 0-4 pts
Do the freely elected head of government and national legislative representatives determine the policies of the government? 4 / 4

Elected officials generally determine government policy, though two governments have lost power over their inability to pass budgets in recent years. The Roman Catholic Church maintains significant influence.

C2 0-4 pts
Are safeguards against official corruption strong and effective? 2 / 4

The independent Anti-Corruption Commission (CAC) has no powers of arrest or prosecution, and instead relies on cooperation from the prosecutor general. However, there have been continual state efforts, with international support, to build the government’s anticorruption capacity. These include recent CAC investigations of government ministers and their staff following press reports of favoritism and abuse of power. The investigation into former minister of parliamentary affairs and media Francisco Jerónimo has led to indictments and arrests.

C3 0-4 pts
Does the government operate with openness and transparency? 2 / 4

Despite attempts to make budgets more accessible, procurement processes remain largely opaque. Requests for public information are not always granted and may require applicants to undertake inconvenient travel. Information may be issued in Portuguese, which most Timorese do not speak. Anticorruption legislation adopted in 2020 includes an asset declaration system for civil servants, state agents, and their relatives.

Civil Liberties

D Freedom of Expression and Belief

D1 0-4 pts
Are there free and independent media? 3 / 4

While media freedom is constitutionally protected, domestic media outlets are vulnerable to political pressure and self-censorship due to the small media market with limited nongovernmental sources of support. However, journalists still produce articles critical of the government.

The government has not imprisoned journalists in connection with their reporting, and defamation was decriminalized in 2009. However, government officials have filed defamation claims against members of the media in recent years. Journalists reporting on allegations of abuse within the Roman Catholic Church have faced official scrutiny.

D2 0-4 pts
Are individuals free to practice and express their religious faith or nonbelief in public and private? 3 / 4

Timor-Leste is a secular state where freedom of religion is constitutionally protected. Some 97.6 percent of the population is Roman Catholic. Religious tolerance is practiced, though Protestants and Muslims have reported some cases of discrimination and harassment.

D3 0-4 pts
Is there academic freedom, and is the educational system free from extensive political indoctrination? 4 / 4

Academic freedom is generally respected.

D4 0-4 pts
Are individuals free to express their personal views on political or other sensitive topics without fear of surveillance or retribution? 4 / 4

There are few constraints on private discussion, and citizens are free to discuss political and social issues. Topics related to the 2006 unrest remain sensitive.

E Associational and Organizational Rights

E1 0-4 pts
Is there freedom of assembly? 3 / 4

While freedom of assembly is constitutionally guaranteed and generally respected in practice, some laws can be invoked to restrict peaceful gatherings. Demonstrations must be authorized in advance, and those deemed to be “questioning constitutional order” or disparaging the reputations of the head of state and other government officials are prohibited.

In November 2023, the government banned all martial-arts groups for six months in response to rising violence that was linked to some of the groups. The government does not allow police and military personnel to participate in martial-arts groups.

E2 0-4 pts
Is there freedom for nongovernmental organizations, particularly those that are engaged in human rights– and governance-related work? 3 / 4

Nongovernmental organizations (NGOs) generally operate without interference, although all registered NGOs receiving government or donor funds are under the oversight of the Ministry of Planning and Finance. Few NGOs operate outside of Dili. The government is generally receptive to NGO input.

E3 0-4 pts
Is there freedom for trade unions and similar professional or labor organizations? 2 / 4

Workers may form and join labor unions and bargain collectively, though a 2011 law requires written notification of demands and a response from employers in advance of striking. If employers do not respond or if an agreement is not reached within 20 days, then 5 days’ notice is required for a strike. In practice, few workers are unionized due to high unemployment and informal economic activity.

F Rule of Law

F1 0-4 pts
Is there an independent judiciary? 2 / 4

Despite improvements in recent years, concerns over judicial independence remain for politically sensitive cases. Political and religious interference in the judicial system has been reported.

F2 0-4 pts
Does due process prevail in civil and criminal matters? 1 / 4

Due process rights are often restricted or denied, due in part to case backlogs caused by a dearth of resources and personnel. There are only 35 judges covering the entire country. The use of Portuguese in court administration poses an obstacle, since most Timorese do not speak it, and shortages of interpreters have sometimes forced the adjournment of trials.

Many municipalities have no fixed courts and rely on mobile courts, which were established as an interim measure. Mobile court services were suspended from October 2022 to April 2023, but have resumed and increased their coverage since then, though they still do not cover all municipalities.

Alternative methods of dispute resolution and customary law are widely used, though they lack enforcement mechanisms and have other shortcomings, including gender discrimination. Plans for a hybrid justice system, with more harmonization between formal and customary dispute resolution mechanisms, have been announced.

F3 0-4 pts
Is there protection from the illegitimate use of physical force and freedom from war and insurgencies? 3 / 4

Police officers and soldiers are regularly accused of excessive force and abuse of power, though the courts have had some success in prosecuting offenders. Public perception of the police has improved in recent years, as have general feelings of security.

F4 0-4 pts
Do laws, policies, and practices guarantee equal treatment of various segments of the population? 2 / 4

While hate crimes based on sexual orientation are considered an aggravating circumstance in the penal code, other protections against discrimination for LGBT+ people are lacking. Gay men and transgender women have trouble accessing employment opportunities due to discrimination and low rates of access to education.

Equal rights for women are constitutionally guaranteed, but discrimination and gender inequality persist in practice and in customary law.

Members of religious minorities have reported issues with getting authorities to accept the marriage and birth certificates they received from their religious entities. Muslims have reported discrimination in civil service hiring.

G Personal Autonomy and Individual Rights

G1 0-4 pts
Do individuals enjoy freedom of movement, including the ability to change their place of residence, employment, or education? 3 / 4

Citizens generally enjoy unrestricted travel, though travel by land to the enclave of Oecusse is hampered by Indonesian and Timorese checkpoints. Individuals enjoy free choice of residence and employment, but unemployment rates are high, especially among youth, and most of the population relies on subsistence farming.

G2 0-4 pts
Are individuals able to exercise the right to own property and establish private businesses without undue interference from state or nonstate actors? 2 / 4

Timorese have the right to establish businesses but practical aspects of doing business are complicated by problems with issuing permits, enforcing contracts, and accessing credit.

Property rights are complicated by past conflicts, ongoing disagreements, and the unclear status of customary land rights. A national land law designed to establish formal rights and to help resolve disputes through arbitration was enacted in 2017.

G3 0-4 pts
Do individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic violence, and control over appearance? 2 / 4

Gender-based violence is widespread, particularly intimate partner violence targeting women. Civil society groups have criticized the courts’ use of prison sentences for only the most severe cases, and few reported cases are investigated. A lack of training hampers investigatory procedures, including investigators’ failure to recognize or collect evidence. In recent years, more training and financial support has been provided to the Timorese National Police’s Vulnerable Persons Units, which handle cases of gender-based violence.

While same-sex relationships are legal, same-sex marriages are not. LGBT+ individuals report cases of extreme physical violence from strangers and relatives, including cases of “corrective” rape and forced marriage. There are no government restrictions on dress or self-expression, but LGBT+ individuals experience societal pressure to align their dress with prevailing gender norms. An annual pride parade has been held since 2017, with support of the government.

Abortion is only legal in cases where continuing a pregnancy carries a serious health risk, and requires authorization from health professionals. Forcing an individual to have an abortion is a criminal offense.

G4 0-4 pts
Do individuals enjoy equality of opportunity and freedom from economic exploitation? 2 / 4

Timor-Leste is a source and destination country for human trafficking. Timorese from rural areas are vulnerable to sexual exploitation and domestic servitude, and children are sometimes placed in bonded labor.

Despite government efforts, including a 2017 antitrafficking law, investigations declined for several years. An increase in investigations beginning in 2021 led to the first trafficking convictions since 2018, but later investigations have not led to new prosecutions.