Feisty Timor Leste Bucks Abortion Lobby, Upholds Right to Life

Volume 12, Number 26 / June 11, 2009

By Piero A. Tozzi, J.D.

(NEW YORK – C-FAM) The parliament of East Timor – a small, Catholic nation in South East Asia recognized as an independent state in 2002 – has resisted concerted pressure from United Nations agencies and pro-abortion non-governmental organizations (NGOs) by enacting a revised penal law that continues to criminalize abortion in virtually all cases.

With last week's 45 to 0 vote with only 7 abstentions on the main operative paragraph, parliament retained penal sanctions on abortion, except in instances where abortion is the "only way" to prevent death to the mother as attested to by three independent physicians. A preambular paragraph states that life "from the moment of conception" is entitled to protection. Abortionists are subject to up to eight years imprisonment, depending on the circumstances. The law also recognizes the conscience rights of doctors to refuse to perform abortions.

Efforts to broaden the abortion license to include cases of fetal abnormality and pregnancies resulting from rape were rejected. In addition, an abortion law that would have included broad exceptions for cases affecting the physical or mental health of the mother that had been adopted in early April by the executive branch's Council of Ministers was effectively overruled by last week's legislative action.

Following the end of Indonesian occupation in 1999, East Timor – or Timor Leste – was administered by the United Nations until independence. The previously existing penal code inherited from Indonesia had banned abortion in all instances.

East Timor has been in the crosshairs of the international pro-abortion movement. The Alola Foundation, an NGO backed by the United Nations Population Fund (UNFPA) and headed by East Timor's Australian-born First Lady, intervened repeatedly in the ongoing Timorese debate by seeking abortion liberalization.

In contrast, grassroots NGOs with on-the-ground membership such as Organização das Mulheres Timorenses, whose bona fides were established during the resistance to Indonesian rule, reportedly opposed liberalization, reflecting popular Timorese sentiment.

One international NGO supported by the Australian government and the United States Agency for International Development, the Judicial System Monitoring Programme (JSMP), claimed that "International treaty law specifically supports the right of women to have access to safe abortion methods," including in cases of pregnancy due to rape and incest or where the fetus is abnormal. Echoing arguments made elsewhere by the New York-based Center for Reproductive Rights, JSMP citied treaties such as the Convention on the Elimination Against All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child. There is no support for such assertions in the language of either treaty, however, nor in any other treaty to which Timor Leste is a signatory.

Former United States Ambassador to East Timor Grover Joseph Rees told the Friday Fax that the "claim that access to abortion is an internationally recognized human right" is "outrageous," while commending the Timorese for "remaining faithful to Timor's own best values and traditions – in this case the principle of respect for all human life, including the lives of unborn children."

East Timor will appear before the committee charged with monitoring compliance with CEDAW next month, and it has already submitted a report responding to questioning over its legislation protecting life. It is anticipated that the CEDAW committee will press the country on its new legislation now that it has been finalized.

CEDAW Committee Targets East Timor on Abortion

By Amy De Rosa

(NEW YORK – C-FAM) As pre-session working groups of the committee charged with overseeing compliance with the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) meet in advance of the committee's July session, the small Asian nation of East Timor has come under pressure for its continued criminalization of abortion. East Timor’s new penal code, which will take effect early next month, continues to penalize the practice, including abortion in cases of rape or incest, but with the added proviso that exceptions can be made in cases where the mother’s health is in jeopardy.

As East Timor, or Timor-Leste, states in its report to the Committee, "Abortion is still an extremely sensitive issue in Timor-Leste, especially given the traumatic events of recent years." The report goes on to explain some Timorese cultural practices which impact "reproductive health." Contraception is generally unpopular in the predominantly Catholic state, with both men and women seeing it as fueling promiscuity and sexually-transmitted diseases while decreasing the number of children.

A newly independent nation as of 2002, East Timor claims that it is still recovering from 24 years of Indonesian occupation, during which time the Indonesia allegedly imposed family planning programs that were widely resented by the Timorese population. Both men and women remain sensitive to suggestions of limiting family size and to abortion.

Despite general support in Timor for the continued criminalization of abortion, a number of non-governmental organizations (NGOs), such as the Alola Foundation and Rede Feto, have been agitating for reconsideration the legal status of abortion. The Alola Foundation has received support from certain United Nations agencies, namely the United Nations Population Fund (UNFPA) and the United Nations Children's Fund (UNICEF). Though CEDAW is silent as to abortion, CEDAW committee members have also pushed it under the guise of promoting "gender equality."

East Timor notes that NGOs promoting gender equality are often seen as "meddling" and many Timorese (including women) feel that gender distinctions are important in protecting the integrity of the family, a valued institution in Timor, and that loss of these distinctions could be harmful to women. According to the report, many Timorese also express satisfaction with adat, their native system of justice, despite its failure to treat women as equal to men. Adat represents part of the Timorese adherence to deep-rooted traditions. "Foreign laws" are seen as irrelevant to tradition and therefore ineffective.

Timor’s repeated references to its long-standing customs, its distrust of foreign influence and its discussion of "reproductive rights" abuses suffered by Timorese women during Indonesia’s rule appear to have been met with opposition or indifference from the CEDAW committee. The committee has called upon the Timorese to engage in "modification of customs and practices" it regards as "discriminatory." It also is demanding clarification on how certain CEDAW provisions have been implemented in court cases.

The 44th session of CEDAW will be held in New York from July 20 to August 7. Japan and Tuvalu are also among the eleven nations up for CEDAW review in July.

from C-FAM