Timor-Leste's Post-Conflict Gender Dynamics

This assignment explores the complex gender dynamics in Timor-Leste following its conflict. It specifically applies V. Spike Peterson's theoretical framework 'Gendering Insecurities, Informalization, and War Economies' to analyze the lived experiences of women during this period. The analysis delves into themes of human rights violations, the role of international law, and the Responsibility to Protect (R2P) doctrine in addressing the challenges faced by women in post-conflict societies.

Research project
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Table of Contents
Question 1:.......................................................................................................................................3
Question 2:.......................................................................................................................................6
Question 3........................................................................................................................................8
Reference.......................................................................................................................................11
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Question 1:
Timor Leste generally known as East Timor, was internationally recognised as an
independent republic in 2002. The democratic republic of Eat Timor is a democratic, sovereign,
independent and unitary state based on the rule of law, the will of the people and respect for the
dignity of the human person. The constitution consists of seven parts that are as follows:
 Fundamental principles
 Fundamental rights, duties, liberties and guarantees
 Economic and financial organization
 National defence and security
 Organisation of political power (including the provisions about the three branches of
government)
 Final and transitional provisions
 Guarantee and revision of the Constitution
International human rights (IHRL) is the gathering of all inclusive law expected to
propel human rights on social, nearby, and family unit levels. As a sort of worldwide law, overall
human rights law is on a very basic level involved game plans, understandings among sovereign
states anticipated that would gangs confining honest to goodness affect between the social events
which is agreed to them; and standard universal law1. Other worldwide human rights
instruments, while not legitimately definitive, add to the utilization, understanding and change of
worldwide human rights law and have been seen as a wellspring of political responsibility
The connection between worldwide human rights law and global helpful law is debated
among international law researchers. This talk shapes some portion of a bigger discourse on
discontinuity of universal law While pluralist researchers imagine global human rights law as
presence unmistakable from international humanitarian law, defenders of the constitutionalist
approach view the last as a subset of the former. basically, the individuals who favours
1 Sara Niner 2016. Effects and Affects: Women in the Post-conflict Moment in Timor-Leste: An
Application of V. Spike Peterson’s ‘Gendering Insecurities, Informalization and War
Economies’. In The Palgrave Handbook of Gender and Development (pp. 495-512). Palgrave
Macmillan, London.
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independent, independent administrations underscore the distinctions in relevance; worldwide
philanthropic law applies just amid outfitted clash.
Starting at 2012, a standout amongst the most basic holes in the Timorese equity
framework is the absence of very much prepared legal counsellors and judges. There are
basically insufficient lawful experts to deal with the number of cases that emerge. Ideally this
will change as the main understudies prepared in Timorese graduate schools start to graduate.
Meanwhile, the absence of human capital shows a genuine issue to the Timorese equity
framework2.
Human right and justice identified that to Timor-leste people not appropriate services is
provided. As there was not regular staffing and most of the time staff unavailable. Along with
this for urgent cases no specific services are provided to clients. It is analysed that Timor Leste
people are not provide equality or justice due to which they are unable to access benefits
provided by government.
Pretrial Detention: The law demonstrates that an individual may be held in pretrial confinement
for 1 year without arraignment, 2 years without a first case conviction, or three years without a
keep going conviction on progress. In case any of these due dates are not met, the kept individual
may record a claim for release3. Unimaginably many-sided cases can in like manner offer help to
the growth of each one of those slice off focuses by up to a half year with approval of a judge.
Pretrial detainees made about 20 percent out of the total correctional facility people. Procedural
deferments and staff inadequacies were the most unending purposes behind trial delays. All
around, the length of pretrial confinement equaled the initial investment with or outperformed
the length of the sentence upon conviction.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a.) Arbitrary Deprivation of Life and other unlawful or Politically Motivated Killings
There was no short of what one report that the assembly or its authorities presented self-
confident or then again unlawful killings. Periphery Police Unit officers situated in Cova Lima
2 Todd Landman 2018. Democracy and human rights: Concepts, measures, and
relationships. Politics and Governance, 6(1), pp.48-59.
3 Eric De Brabandere and Maryse Hazelzet 2017. Corporate Responsibility and Human Rights–
Navigating between International, Domestic and Self-Regulation
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territory probably shot and executed a man with a mental inadequacy in August. Police were
coordinating an internal examination concerning the killing, which had not completed up by
September. Human rights affiliations didn't think about any cases in perspective of charges of
unlawful killings in the prior year, and the Prosecutor General's Office communicated there was
lacking evidence for trial yet it was not capable comment on whether the examinations continued
or the case had been closed.
In Timor formal justice system was framed by the UN in consultation with the country elite. As
per the article 3 (4) of the Timorese structure, controls the procurement, loss and reacquisition of
Timorese citizenship4. There are some different features of Timorese Nationality Act. In there
basic principles article 2 it reflects that no citizen can be arbitrarily deprived of his of her
citizenship and they do not have right to change their citizenship. On the other side, article 2
shows the reason of the act that are as follows:
a.) Citizenship can be determined through the law and constitutes a legal bond between the
individual and the state.
b.) Foreigner is consider as the people who do not bound with any legal citizenship with the
democratic Republic.
n.) Stateless are know as the people who unable to prove their legal bond of citizenship with any
state.
Article 3 clearly demonstrate that citizenship is get by birth or acquired, replicating an
identical statement in article 3 of the constitution. The category of citizenship which is identified
in the constitution is that those who born in national territory to unknow parents, parents of
unknown citizen or stateless parents. Regardless of the way that Timor Leste isn't a social
occasion to the 1961 UN Convention on the Decrease of Statelessnes,108 this course of action is
clearly expected to turn away statelessness by attributing Timorese citizenship to individuals
who may somehow have no citizenship. It is consistent with the affirmation of citizenship as a
fundamental right in Article 25 (5) of the Constitution and in the Universal Declaration of
Human Rights [Article 15 (1)], which, per Article23 of the Constitution, gives the design to the
4 Ramesh Thakur 2016. The Responsibility to Prevent: Could the UN Have Prevented the
Atrocities in East Timor and Kosovo?. In Responsibility to Protect and Sovereignty (pp. 121-
142). Routledge.
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illustration of the built up courses of action on essential rights. It is in like manner dependable
with Timor-Leste's responsibilities under the 1966 International Covenant on Civil and Political
Rights, which supports, in Article 24 (3), that 'every tyke has the benefit to get a nationality 109
Given the explanation behind Article 3 (2) (b) of the Constitution, it is to be acknowledged that,
on 20 May 2002, Timorese citizenship was attributed by action of the law to all individuals who
had been imagined in East Timor and who had no other citizenship. It isn't sure whether this has
been the interpretation got by the Timorese specialists.
Question 2:
It is noticed that International laws are reflecting the sign of instability and insecurity. It
is because there are many states who are withdrawing from multilateral treaties for instance, the
UK from the European Union, South Africa from Rome statute and Unites states from Paris
agreement. Along with this, there are few states who are withdrawing from investment protection
treaties.
In the case of R (Miller) v Secretary of state for exiting the European Union there are some
aspect of the majority judgement which are highlighted. The government has no power to use
prerogative power to trigger Article 50.
Supreme court passes the judgement on 24 January 2017 by a larger part of 8 - 3, can be
abridged in this manner: a statute sanctioned by the Westminster Parliament is essential to
approve the choice to pull back from the EU, and thusly the giving of Notice under Article 50 (2)
TEU. Master Hughes (contradicting) gives a compellingly brief clarification with regards to the
pressures hidden the scenario and, it is analysed that the motivation behind reason a greater part,
as opposed to a consistent choice on the problem on the provided notice5: 'the principle question
focuses on two extremely surely knew protected rules, which for this situation evidently point in
inverse ways. That are as follows
Rule 1: The official government has not right to change law which is proposed by act of
parliament and not the basic law.
Rule 2: To create and not to create of settlements involves remote relations inside the capability
of the administration.
5 Anthony D’Amato, A., 2017. Is International Law Really “Law”?⋆. In The Nature of
International Law (pp. 137-158). Routledge.
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The restricting premises received by the greater part and disputes with regards to the
utilization of both the two rules goes to the disagreement of the difference between them. Despite
the fact that it is consider that the real choice is right, in that Parliament through enactment, not
the Executive through utilization of the privilege, is the thing that the UK constitution requires to
pull out under Article 50 (2), the rationale for the majority share and the inconsistency can be
analysed.
View of most of the people is that European Union law are essential sources of UK
domestic law and they can only have changed by act of parliament6. Majority state that the
European treaties are not only concern with the international relations of the UK but they are also
sources of domestic law and domestic legal rights. There are many rights which intimately linked
with domestic law from other sources. It is critically analysed that as per the royal prerogative
for creating and not creating treaties as the operate wholly on the international plane. It , can't be
practiced in connection to the European Union Treaties, at any rate without residential endorse in
suitable statutory form. It takes after that, as opposed to the Secretary of State [for Exiting the
European Union] having the capacity to depend on the nonattendance in the 1972 [European
Communities] Act of any rejection of the privilege energy to pull back from the EU Treaties, the
best possible examination is that, unless that Act emphatically made such a power in connection
to those Treaties, it doesn't exist' (judgment, para 86). One significant objective fact now, which
is that this announcement by the greater part is praiseworthy for its genuineness with regards to
the significance of EU law inside the UK constitution7. The significance of EU law has for quite
some time been restricted and communicated down in remarks made by a few corners of the
legal and the scholarly community.
There is a lawful structure to withdrawal from global understandings in local and
universal law. It is investigated that there are some lawful issues which is identified with the
conceivable end of two contract. Alongside this, an efficient strategy was set in which official
has the power for making settlements with the guide and assentation of the Council. It is a quiet
6 Christine Gray., 2018. International law and the use of force. Oxford University Press.
7 Derek Averre Lance DaviesL., 2015. Russia, humanitarian intervention and the Responsibility
to Protect: the case of Syria. International Affairs, 91(4), pp.813-834.
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as the way arrangements can be done. There are numerous understandings which are not make
between remote states and United states are built up through senate endorsed arrangements. The
president likewise goes into official assentions who don't got any of the counsel of Senate and
assent. As in light of the fact that they all are not tie under worldwide and residential law. It is
fundamentally broke down that UK preeminent court on account of Miller v Secretary. It is vital
to take earlier endorsement of the UK before pulling back it from European Union, as in light of
the fact that it result in protected changes. Particularly the withdrawal of European Union law as
a wellsprings of UK local law as official don't have energy to influence separately.
Notwithstanding, withdrawal is required the quantity of forces which is help by just parliament
as the official can took after parliamentary endorsement.
This approach is desirable over that in the Democratic Alliance judgment. There are huge
advantages to holding degree for the official to act uninhibitedly on the international plane in
connection to bargain withdrawal, together with to empower effectiveness and unwavering
quality in the state's global transactions with its settlement accomplices. As expressed by the
South African court, "it isn't for parliament to participate in arranging [international] assertions."
21 However, in the event that the demonstration of removal brings about interruptions into the
forces of another branch of government, for example by requiring administrative activity.
Question 3
The responsibility to protect is become one of the main subject of debate since from last many
years. At the time it was gathered substantial, diplomatic and academic attention.
As is frequently reviewed in critiques on responsibility to protect, the doctirne was considered
after the monstrosities conferred in Rwanda and the Balkans in the '90s. Indeed, even late
Security Council Resolution, which was the primary specifically alluding to the regulation in its
agent sections, "underscores the significance of considering lessons gained from the 1994
Genocide against the Tutsi in Rwanda"8.
From the point of view of the International Commission on Intervention and State
Sovereignty, the rule was away to tend to the overall gathering's powerlessness to thwart and
break worldwide infringement and philanthropic crises. As loved in the General Assembly
8 Ronal Paris 2014. The ‘Responsibility to Protect’and the structural problems of preventive
humanitarian intervention. International Peacekeeping, 21(5), pp.569-603.
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World Summit Document, Responsibility to secure renamed the middle segments of the
universal law thought of power 9. Truth be told, it ensured that States bear the fundamental
commitment to shield their peoples from mass barbarities. Meanwhile, it saw that the overall
gathering is responsible for helping States in guaranteeing their peoples. Finally, as a measure of
last resort, diverse States could in like manner intervene using non-peaceful means, where
neighbourhood national specialists disregard to stop advancing mass shock.
There are many challenges related to the responsibility to protect. It is essential to focus on the
way doctrine can be progress to a form which can be applied in an effective manner and to a
larger regiment of international conflict situation.
Territorial integrity and political autonomy
Article 2(1) of the UN Charter communicates that the firm in light of the rule of
sovereign uniformity of all its part. This single systematization of influence is fatigued upon by
the people who fight that intervention under any conditions is unlawful. Disputes along this
prompt raise that the duty to ensure rule could be used by the competent and the forceful to
advance a data of neo-imperialism. Interceding nations are habitually rebuked for unpalatable
money related motivations, and more regularly than are reality to them. Despite whether there 20
were useful purposes behind intervening in a doing combating nation, there would in actuality be
budgetary increments to be made, as a general rule from normal resource extraction. The
multinational thought of any intervention under the R2P and the consideration on fortifying
sovereign breaking points demonstrates an advancement a long way from the trappings of past
humane mediations and can think about more direct undertaking of the protection of life,
flexibility, and security shockingly.
Humanitarian intervention
The traditionalist comprehension of humanitarian intervention is coercive movement
against a State to shield locals from hurt. Supportive mediation instructed the essential post Cold
War decade of the 1990s, from saving the Kurds in Northern Iraq to the crashing and burning
state in Somalia, the tribal wars for control in Rwanda, and ethnic cleansing in Bosnia and
Kosovo.
9 Cristina Badescu 2016. The Responsibility to Protect: embracing sovereignty and human
rights. In Negotiating Sovereignty and Human Rights (pp. 93-110). Routledge.
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The legitimacy of compassionate mediation in worldwide relations has for a long while
been a subject of discourse This again comes back to the conflict between standard logical
thinker thoughts of state interests and a more liberal view on the possibility of joint effort in the
worldwide structure and the requirements which describe it10. Supportive intervention can't be
legally legitimized inside worldwide laws as it dismisses the preeminent thought of influence,
unless the P5 all agree to summon Chapter VII of the UN Charter. This has exactly anytime
happened once (Korea), and relative accord is likely not going to be come to afresh, henceforth
in the current legal structure the possibility of generous intervention is blemished as it can't be
approved. Regardless, there has been an imperative advancement towards the far reaching
protection of human rights and now the 29 commitment to mediate when states are clearly
floundering in their commitment to guarantee the „life, flexibility, and security‟ (A3, UDHR) of
nationals.
Author express that, UN part states are gathering to the UN Genocide Convention (1949),
the Convention on the Suppression of the Crime of Torture (1975), and a stack of other
worldwide legitimate instruments that deny infringement against individuals and get-togethers.
The most basic of these are those that hold weight as standard laws. These are rules which
include State practice after some time and that are considered as honestly definitive. The respect
for influence of each nation and the provincial genuineness and political self-manage this
incorporates, has for a long while been a bit of standard law of the worldwide structure, yet as
has been noted beforehand, the R2P‟s predictable guaranteeing is an exhibition of how control
isn't aggregate and it isn't right – it is obligation.
.
10 David Chandler 2015. The R2P Is Dead, Long Live the R2P: The Successful Separation of
Military Intervention from the Responsibility to Protect. International Peacekeeping, 22(1),
pp.1-5.
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Reference
Books and journals
Anthony D’Amato, A., 2017. Is International Law Really “Law”?⋆. In The Nature of
International Law (pp. 137-158). Routledge.
Christine Gray., 2018. International law and the use of force. Oxford University Press.
Cristina Badescu 2016. The Responsibility to Protect: embracing sovereignty and human rights.
In Negotiating Sovereignty and Human Rights (pp. 93-110). Routledge.
David Chandler 2015. The R2P Is Dead, Long Live the R2P: The Successful Separation of
Military Intervention from the Responsibility to Protect. International Peacekeeping, 22(1),
pp.1-5.
Derek Averre Lance DaviesL., 2015. Russia, humanitarian intervention and the Responsibility to
Protect: the case of Syria. International Affairs, 91(4), pp.813-834.
Eric De Brabandere and Maryse Hazelzet 2017. Corporate Responsibility and Human Rights–
Navigating between International, Domestic and Self-Regulation.
Ramesh Thakur 2016. The Responsibility to Prevent: Could the UN Have Prevented the
Atrocities in East Timor and Kosovo?. In Responsibility to Protect and Sovereignty (pp. 121-
142). Routledge.
Ronal Paris 2014. The ‘Responsibility to Protect’and the structural problems of preventive
humanitarian intervention. International Peacekeeping, 21(5), pp.569-603.
Sara Niner 2016. Effects and Affects: Women in the Post-conflict Moment in Timor-Leste: An
Application of V. Spike Peterson’s ‘Gendering Insecurities, Informalization and War
Economies’. In The Palgrave Handbook of Gender and Development (pp. 495-512). Palgrave
Macmillan, London.
Todd Landman 2018. Democracy and human rights: Concepts, measures, and
relationships. Politics and Governance, 6(1), pp.48-59.
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