Lesbian, gay, bisexual, transgender and queer (LGBTQ) people in Timor-Leste face legal challenges not experienced by non-LGBTQ residents. Both male and female same-sex sexual activity are legal in Timor-Leste, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples. Although there is no broad legal protection against discrimination, there are several legal provisions in specific laws that protect against discrimination based on sexual orientation and gender identity.
Timor-Leste and the Philippines are considered as leaders on human rights in Southeast Asia, including LGBTQ rights. In 2011, the country signed the "joint statement on ending acts of violence and related human rights violations based on sexual orientation and gender identity" at the United Nations, condemning violence and discrimination against LGBTQ people. In July 2017, just 15 years after independence, the nation's first ever pride march was conducted with the support of the Timorese Government. Among the participants of the pride march were LGBTQ citizens, nuns, religious ministers, tribal folks, students, and government officials. The event has been held annually ever since.
Law regarding same-sex sexual activity Same-sex sexual activity has been legal since 1975. The age of consent is 14 regardless of sexual orientation or gender.
Recognition of same-sex relationships There is no legal recognition of same-sex unions in Timor-Leste.
The Civil Code (Law No. 10/2011) states the following:
Article 1467 (Notion of marriage): Marriage is the contract concluded between two people of different sex who want to start a family through a full communion of life, in accordance with the provisions of this Code. Article 1517 (Non-existent marriages): 1. It is legally non-existent: e) Marriage contracted by two people of the same sex.
Nevertheless, Law on Domestic Violence No. 07/2010 establishes that people who live or have lived in conditions analogous to those of spouses are considered family, even without cohabitation. The law broadly encompasses intimate relationships regardless of gender.
Adoption The Civil Code (Law No. 10/2011) states the following:
Article 1858 (Who can adopt): 1. Two people who have been married for more than four years and have not been legally separated from people and goods or in fact can adopt, if both are over twenty-five years old.
2. Those who are over thirty years of age can also adopt or, if the adopting is the child of the adopter's spouse, more than twenty five years.
3. Only those who are not over sixty years old on the date on which the minor was entrusted to them can adopt, and from the age of fifty the age difference between the adopter and the adopted person cannot exceed fifty years.
Family planning The Government Resolution No. 10/2022 on the National Family Planning Policy establishes that one of the "Principles and Values of Family Planning" is to be inclusive and non-discriminatory. It states that "The Family Planning Policy must ensure that its implementation of services is not discriminatory against gender, age, class, disability status, disability, race, ethnicity and sexual orientation. Family Planning must be available to all spouses and couples who are prepared and ready to form a family."
Discrimination protections There is no specific anti-discrimination law that offers broad legal protection based on sexual orientation or gender identity. However, there are several legal provisions in specific laws that explicitly mention sexual orientation and gender identity as protected categories from discrimination:
Penal Execution Regime, Decree-Law No. 14/2014. Article 3(3) states that "Execution must be carried out impartially, without discrimination based on sex, sexual orientation, ethnic origin, skin color, territory of origin, marital status, language, nationality, religion, political or ideological convictions, education, economic situation or social condition." Land Law No. 13/2017. Article 2(i) states that “Vulnerable groups” means the group of people who, in due to issues related to their ethnicity, religion, origin, social status, gender, sexual orientation, age, physical or mental disability, is in a position more susceptible to having their rights violated as citizens. Law No. 3/2017 on the Prevention and Fight against Human Trafficking and Fourth Amendment to the Penal Code. Article 3 states that the application of this law, in particular the measures that aim to protect and promote the rights of victims, it must be ensured without any discrimination based on sexual orientation.
There was a clause against discrimination based on sexual orientation included in the original draft of the Timorese Constitution but it was voted out by 52 out of 88 MPs before the Constitution took effect in 2002.
In April 2019, the Timorese Minister of Legislative Reform and Parliamentary Affairs called for an end to discrimination against LGBTQ people saying, "Barbaric laws and discriminatory treatment of marginalized groups have to end". Moreover, in response to allegations made in the National Parliament by two MPs, he announced that he would request an official inquiry into allegations of ill-treatment of disabled and LGBTQ patients at the national hospital in Dili.
State social protection program Article 7(k) of Decree-Law No. 22/2024 on One-off Support Allowance for Vulnerable People, states that the benefit is granted to individuals and households facing situations of extreme temporary vulnerability, as a result of the following situations: Belonging to the LGBTQI+ population.
Ministerial Diploma No. 40/2024 on the Regulation of the One-Off Support Allowance for Vulnerable People, states that a "Declaration from a Non-Governmental Organization or local community leader acknowledging the individual's membership in the LGBTQI+ population" is one of the common attachments to application.
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Sexual harassment Guidelines No. 12/2017 on Prevention and combating sexual harassment in the Public Service, approved by the Public Service Commission, states that acts that may constitute sexual harassment include for example, asking about another person's sexual preferences or sex life and telling lies or spreading rumors about a person's sex life.
Children and youth protections Since 2023, Timor-Leste has broad legal protections that explicitly protect LGBTI children and adolescents. Law No. 6/2023 on the Protection of Children and Young People in Danger. Article 6(n) states that all children and young people have equal rights and cannot be subject to any type of discrimination based on sex, gender, sexual orientation, among others.
In 2024, the Ministry of Solidarity and Social Inclusion of Timor-Leste issued Ministerial Decree No. 11/MSSI/V/2024 approving the Standard Operating Procedures for the management of child and youth protection cases. The objective is to establish a national standard that ensures that all children and youth, regardless of gender, nationality, sexual orientation, religion or disability, have adequate access to child and youth protection services and are protected from violence (including sexual and gender-based violence), abuse and exploitation in the community, and that affected children and youth receive appropriate support through the case management process.
It sets out the following definitions: Gender. Describes the social attributes and opportunities associated with men and women and the relationship between women and men and girls and boys. This is different from sex, which is often defined at birth based on biological anatomy. Non-binary gender identity refers to any gender identity or expression that does not fit the binary man/woman or girl/woman. Gender plays a critical role in how children are treated and how their rights are respected within the family and community. Societal gender norms influence the experiences, potential and risks of girls and boys differently. These gender norms also affect children who have non-binary gender identities or sexual characteristics, such as those who identify as lesbian, gay, bisexual or transgender or those who are intersex. Pre-existing gender inequalities tend to increase during humanitarian crises. For example, transgender children may be at greater risk of prejudice, stigma, violence or difficulties accessing humanitarian services. Analysis of children's gender-related risks and resilience should be conducted during the case management cycle. Gender also impacts family dynamics and childcare arrangements. LGBTI children. LGBTI means for lesbian, gay, bisexual, transgender and intersex. This describes a group of young people, including children, who may have different gender identities based on birth assignment, a sexual orientation other than heterosexual, or are intersex, meaning they are born with variations in sex characteristics. LGBTI refers to a group of people who share some things in common and where there is also diversity. Each group of people within the LGBTI community has different special needs. Sexual and gender-based violence. Any act committed against a person's will based on gender norms and unbalanced power relations. This includes threats of violence and coercion. This can be physical, emotional, psychological or sexual in nature and can take the form of denial of resources or access to services. This poses a danger to women, girls, men and boys. Principle 3 on Equality and non-discrimination. All children and young people have equal rights and shall not be subjected to any form of discrimination based on any condition, such as colour, race, sex, gender, language, religion, national origin, sexual orientation or condition, economic action, political or ideological opinion of the child, his/her family or key responsible persons. Role and Responsibilities of the Case Manager in Child Protection. Child protection officers and their interventions include: Working with key officials, parents, community and referring to government and non-government service providers to respond to specific needs based on individual children and young people's needs, strengths and vulnerabilities including: age, gender identity, sexual orientation, developmental stage, disability. Assistance to child and young people survivors of (sexual) violence. Treat all children fairly. All children should be offered the same impartial support regardless of their sex, age, sexual orientation, gender identity, family situation, caregiver status or any other part of their identity. Let us not treat children who experience sexual violence as helpless children. Every child has unique capabilities and strengths and has the capacity to heal. Talk to child survivors in a way that understands them. On temporary alternative care for domestic violence. Children or young people may be separated from their parents and placed in alternative care for a variety of reasons. For example, when parents or guardians are unable to fulfil their responsibility to protect children or young people from harm and adequately support their development and well-being or in emergency situations or humanitarian crises, such as natural disasters and migration which separate many families. Other children or young people end up in foster care due to discrimination based on disability (or disability of parents), ethnicity, sex and sexual orientation. Placing children in foster care can cause immediate and long-term harm due to family separation and inadequate alternative care. Children in foster care are often isolated from their families and local communities. Deprived of parental care, they may suffer physical, psychological, emotional and social harm. These children and young people are also more likely to suffer violence, abuse, neglect and exploitation.
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