TIMOR LESTE

CHILD AND FAMILY WELFARE SYSTEM POLICY PAPER

November 2012

Child and Family Welfare System Policy Paper Timor-Leste

CONTENTS

Contents............................................................................................................................................................ 2

Foreword.......................................................................................................................................................... 1

Definitions........................................................................................................................................................2

Acronyms..........................................................................................................................................................4

Glossary............................................................................................................................................................. 4

CHILD AND FAMILY WELFARE SYSTEM POLICY...........................................................................5

1. Introduction................................................................................................................................................5

2. Principles and values..............................................................................................................................7

2.1 Centrality of family and ‘belonging’.........................................................................................7

2.2 Best interest of the child in the context of family and community............................8

2.3 Community harmony and peace...............................................................................................9

2.4 Shared responsibilities of the State, communities and families for the

welfare of children and wellbeing of individuals..............................................................9

2.5 Partnership between the State, families and communities.......................................10

3. Policy statement..................................................................................................................................11

3.1 Objectives of the child and family welfare system.........................................................11

3.2 Policy basis......................................................................................................................................12

4. Mandates and responsibilities.........................................................................................................13

4.1 Ministry of Social Solidarity.....................................................................................................13

4.1.1 Directorate of Social Reinsertion...............................................................................13

4.1.1.1 Department of Protection and Social Assistance to Vulnerable

Children............................................................................................................................14

4.1.1.2. Department of Protection of Women Victims and Social Reinsertion

of Vulnerable Families................................................................................................16

Child and Family Welfare System Policy Paper Timor-Leste

4.2.1 National Children’s Rights Commission..................................................................16

4.2.2 National Police of Timor-Leste – Vulnerable Persons Unit..........................17

4.3 Civil society......................................................................................................................................17

4.3.1 Families and communities............................................................................................17

4.3.2 Non-governmental organisations..............................................................................18

4.3.3 Religious organisations..................................................................................................18

5. Child and family welfare services...................................................................................................19

5.1 Services characteristics.............................................................................................................19

5.2 Services approach........................................................................................................................20

5.2.1 Prevention............................................................................................................................20

5.2.2 Response...............................................................................................................................21

5.3 Alternative care.............................................................................................................................24

5.4 Child and family welfare services in emergencies.........................................................25

6. Research and further policy development.................................................................................26

Annex I: Context.........................................................................................................................................27

Social welfare service provision............................................................................................29

Community mechanisms for protecting children..........................................................30

Resources ..................................................................................................................................32

Legal framework...........................................................................................................................33

Child and Family Welfare System Policy............................................................................34

Child and Family Welfare System Policy Paper Timor-Leste

Foreword

[To be completed at policy approval]

1

Child and Family Welfare System Policy Paper Timor-Leste

Definitions

Family: The concept of family in Timor-Leste is defined by the ‘sacred house’,

consisting of children, parents, grandparents, uncles, in-laws, cousins and other

extended family members. Key principles include reciprocity, obligations and a sense

of shared responsibility for common well-being. There is a strong sense of

interdependence among individuals, families and community members. Priority is

placed on stability, harmony and peace and decisions are made through processes

involving dialogue, mediation and reconciliation. There is a perception of collective

responsibility for common well-being. Responsibility for the care of children in Timor-

Leste is considered to be a shared responsibility within the family. All female

members of the family, including aunts, cousins and in some cases close neighbours

can be considered a child’s ‘mother’. The same principle applies to male family

members.

The Law Against Domestic Violence in Article 3 provides the following definition of

family: “For the purposes of this law, members of a family shall refer to people in the

following family relationships: a) Spouses or ex-spouses; b) Persons who live or have

lived under conditions analogous to spouses, even though without cohabitation; c)

Relatives in the ascending and descending line of one or both spouses or of anyone

in the situation referred to in the preceding paragraph, as long as they are the same

relationship of dependency and part of the household economy; d) Any other person

who is part of the same context of dependency or household economy, including any

person who carries out an activity in the household continuously and with a

subordinated status.”1

Community leaders: Traditionally, communities have been governed by a chefe suco at the village level and by a chefe aldeia at the sub-village level. In the past,

the chefes were members of local royal families and titles were hereditary. Besides

the chefe suco, the lia-nain (village elder) is in charge of facilitating the traditional

“adat” conflict resolution practice. Although the village elder is also mentioned as

one member in the aforementioned decree, this individual does not have any official

function in Timor-Leste.

1 Timor-Leste Law Against Domestic Violence (2010)

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Child and Family Welfare System Policy Paper Timor-Leste

Child: Consistent with the United Nations Convention of the Rights of the Child 1989,

a child refers to a person under age of 18 years.

Based upon current legislation in Timor-Leste laws, the table below summarizes the

age limits that define different aspects of childhood.

LEGAL DEFINITIONS OF THE CHILD BY AGE

Definition of a Child under the Child Protection / Child Welfare

LawsBelow 182

Minimum age for marriage17 or 16 with parental permission3

Age for completion of compulsory education 16

Minimum age for employment 15

Minimum age for engaging in employment or work that by its

nature or the circumstances in which it is carried out is likely to

jeopardize the health, safety or morals of young persons.

18 4

Age for consenting to sexual activity under criminal laws 14

Minimum age of criminal responsibility 16

Age for compulsory recruitment by governments and armed

groups18

Age for voluntary recruitment by governments and armed

groups18

2 National law does not yet define this age, but the definition of the Convention on the Rights of the Child (i.e., below 18 years) is incorporated into national law by way of Section 9 of the Constitution.3 Under the Civil Code4 Under the Labour Code 17 and International Convention 18

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Acronyms

CPO Child Protection Officer

CRC Convention on the Rights of the Child

CSO Civil Society Organisation

DNRS National Directorate of Social Reinsertion

MSS Ministry of Social Solidarity

NCRC National Commission for the Rights of the Child

NGO Non-Governmental Organisations

PNTL National Police of Timor-Leste

UNDP United Nations Development Programme

UNICEF United Nations Children’s Fund

VPU Vulnerable Persons Unit

GlossaryAdat Traditional conflict resolution practice

Chefe Suco Traditional village chief

Chefe Aldeia Traditional sub-village chief

Lia Nain Village elder

CHILD AND FAMILY WELFARE SYSTEM POLICY

1. Introduction

The Child and Family Welfare System Policy has been established to guide the

development of a child and family welfare framework for Timor-Leste that provides

social services to address children’s, young people’s and family welfare issues. The

envisioned system will provide a positive foundation to support strong and healthy

families and communities in a way that is congruent with traditional beliefs and

values, while aspiring to the fulfillment of rights in accordance with international

commitments. The policy outlines arrangements for child welfare and specifies

realistic and sustainable responsibilities of the State in this regard for the medium

and long term.

There is currently no comprehensive strategy to support the child and family welfare

system and current expectations and responsibilities exceed present capacity and

management, particularly in terms of planning, coordination and monitoring. The

limited number of cases handled by MSS suggests that a large majority of child

protection problems are not reported to the formal system and are dealt with in other

ways. For example, 8.5% of children in Timor-Leste do not live with their parents and

an additional 9.2% of children live with only one parent, for a total of 17.7% children

in potentially vulnerable situations – however, only 0.7% of children are in formal

alternative care.5 Other challenges include the distribution of child protection

prevention and response services, which is unequal in terms of geography,

population and poverty incidence. The current service provision approach is

characterised by an overreliance on forensically driven processes and limited support

is available to strengthen the capacity of families and communities to protect

children.

The present child and family welfare system policy has been drafted in response to

this identified need through a collaborative process with government and key

stakeholders, supported by national consultations with communities to ensure that

the system foundations genuinely reflect national aspirations, given the cultural and

social context and the current level of human and financial resources. The system is

5 National Statistics Directorate of the Directorate General for Analysis and Research. 2009–10 Timor-Leste Demographic and Health Survey (TLDHS). Page 14.

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designed to grow and evolve along with national development processes and will

support positive social change through partnerships with families and communities.

Policy goal

The policy is established to guide the development of a child and family welfare system for Timor-Leste that:

Provides a positive foundation to support strong and healthy families and communities

Outlines arrangements for child welfare and specifies the responsibilities of the State in this regard

Is congruent with positive traditional beliefs and values6 while aspiring to the fulfilment of rights in accordance with international commitments

Is realistic and sustainable in the medium and longer term.

The child and family welfare system policy constitutes the national approach for

enhancing the wellbeing and protection of children. The policy reinforcing the belief

that children are best protected when they live in healthy and resilient families and in

communities with traditional values and practices that support families. The policy

recognises that importance of trying to achieve international standards for child

welfare, acknowledging the role of the State, while recognising that cultural

interpretations impact how these standards are understood and applied.

6 Elaborated in more detail in Section 2. Principles and values below.

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2. Principles and values

The design of the child and family welfare system is based upon the fundamental principles enshrined in the Constitution of the Republic of Timor-Leste and the various international conventions to which the country is signatory. The policy highlights the most relevant principles and values upon which the child and family welfare system is founded, reflecting the political, economic, social, and cultural context of Timor-Leste at the present time.

The child and family welfare system is based and expands upon the following articles of the Constitution:

“To promote the building of a society based on social justice, by establishing material and spiritual welfare of the citizens.” [Section 6 (e)]

“Children shall be entitled to special protection by the family, the community and the State, particularly against all forms of abandonment, discrimination, violence, oppression, sexual abuse, and exploitation.” [Section 18(1)]

“The State shall protect the family as the society’s basic unit and a condition for the harmonious development of the individual.” [Section 39 (1)]

Aiming to comply with international human rights conventions and the Constitution of

the Republic of Timor-Leste, while recognizing and respecting the strong positive

customary beliefs, values and practices of the Timor-Leste population, the core

principles and values informing the national child and family welfare system are:

2.1 Centrality of family and ‘belonging’

The centrality of family is a core guiding principal of the child and family welfare system, recognizing the fundamental roles and responsibilities of the family in child care and protection.

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The policy recognises that within Timor-Leste culture the identity of individuals depends upon and is defined by their belonging to a particular family and community.

The policy acknowledges the status of the family in the Timor-Leste culture, recognising the potential of extensive shared responsibilities and principles of reciprocity and solidarity for the promotion of individual wellbeing.

The national child and family welfare system builds upon and reinforces these positive family characteristics for the fulfilment of citizens’ welfare and rights.

As per the Constitution, the policy recognizes the centrality of the family as

conceptualized in Timor-Leste culture. Definitions of family and the importance of

community belonging in Timor-Leste have important implications for the child and

family welfare system design. The concept of family in Timor-Leste includes children,

parents, grandparents, uncles, in-laws, cousins and other extended family members.

Key principles include reciprocity, obligation and a sense of shared responsibility for

common well-being. Responsibility for the care of children in Timor-Leste is

considered to be a shared responsibility within the family.

The identity of individuals depends upon their belonging to a particular family and

community. It is therefore extremely important to maintain the connection of

individuals (especially children) with their family and community.

2.2 Best interest of the child in the context of family and community

A core value underpinning the child and family welfare system is the ‘best interest of the child’. This concept must be contextualised within the broader principles of the centrality of family and ‘belonging’ in Timor-Leste.

It is possible to promote both the best interest of the child while maintaining

community harmony. Best interest determination should consider both immediate

and long term consequences for the child and should be assessed within the context

of a child’s family and community.

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There is no single way to establish the best interests of the child and this concept is

not inherently incompatible with traditional cultural values. The primary focus of

communities is to ensure stability, harmony and peace. These principles represent

the guiding criteria for decision-making within the family. Individual interest is subject

to the collective interest in the sense that individuals, particularly children, are

considered to exist within the family network; these are perceived as being one and

the same.

Interpreting the best interests of the child in a unilateral and narrow perspective

(without recognition of family and community belonging) may result in decisions that

actually do not reflect children’s best interests.

Community harmony and peace

The child and family welfare system respects the importance of community harmony and peace, in relationship with the best interests of the child.

Community harmony and peace are driving principles of social dynamics in Timor-

Leste. Decisions, settlements and conflict resolutions processes all aim at restoring

the peace and harmony in the community, in the most efficient and effective way

available to the community. Acknowledging this principle and respecting it in relation

to the best interest of the child and the other principles is the basis of the policy. This

is reflected in the strategic objectives enshrined in the Long Term Plan (2011-2030)

of the Ministry of Social Solidarity. Community harmony is recognised as an

important principle that must be taken into account in Timor-Leste, along with the

determination of the best interest of a child. These principles are not mutually

exclusive and must be considered together. This has implications for the potential

transformation of the values of community peace and harmony when considered in

relation to individual welfare and wellbeing.

Shared responsibilities of the State, communities and families for the welfare of children and wellbeing of individuals

The family has a fundamental responsibility to protect the care and welfare of all members, especially children.

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The State has the responsibility to promote the best interests of the child by supporting and working with families and communities to care for and protect children.

The State adopts targeted prevention strategies that strengthen the ability of families and communities to promote the well-being of all individuals.

This involves supporting traditional processes of dialogue, mediation and

reconciliation. However the State does have a legal obligation to intervene when the

family and community fail to protect a child and problems are beyond their control.

Partnership between the State, families and communities

The child and family welfare system upholds the principle of partnership with communities and families. The child and family welfare system ensures that the State complements and supplements the role of families and communities and is not in competition with them. It reinforces their strengths and provides help when families and communities face limits and challenges. The State promotes positive caring values and principles and supports customary practices that aim to achieve strong and harmonious community environments.

Expanding upon the principle of shared responsibility and recognizing the important

role played by the family and communities in Timor-Leste, partnership is not only

desirable but a necessity. Families and communities are currently taking primary

responsibility for caring for their children and promoting children’s wellbeing when

things go wrong.

The State should not seek to replace the role or responsibility of families and

communities in finding solutions within their resources and capacities. In some

instances the State will be required to provide additional support or services where

families and communities are unable or incapable of finding solutions. This support

will be provided on the basis of partnership with the national system complementing

and supplementing the primary responsibilities and functions of families and

communities.

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3. Policy statement

Objectives of the child and family welfare system

The primary objectives of the child and family welfare system are to:

1) Promote child and family welfare in the context of positive, strong, harmonious communities

2) Reinforce families as a positive environment for all members, as well as strengthen their ability to protect children

3) Respond to child protection situations when required 4) Support and provide assistance when families encounter problems that

they are unable to resolve and when community-level interventions are unsuccessful.

Communities have mechanisms to deal with problems within and between families.

Communities should have the responsibility to handle child protection issues until the

point at which they are unable to ensure the best interests of the child and require

assistance. At this point the State has an obligation to step in. The State has a

responsibility to step in when the entire extended family, as well as the community, is

unable for whatever reasons to protect a child and is unable to find solutions that

guarantee either their immediate or long term well-being.

Primary focus is directed towards helping families and communities identify their own

solutions on a voluntary basis. Removal of a child from the family or community is

considered as a measure of last resort.

The child and family welfare system is primarily concerned with promoting and

restoring the wellbeing of children and the family unit. While the principal focus is to

ensure that family and community environment is one that prevents the abuse,

violence, neglect and exploitation against children. However, the role of the child and

family welfare system is also to ensure that when things do go wrong, restorative

actions, processes and services are available for children and their families.

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Policy basis

The child and family welfare system provides support to families as the principal approach for promoting safe and protected children, strong and positive families, and harmonious communities in respect of individual rights.

Family [This section may include current and potential future DNRS family policy and social protection strategies to be developed and harmonized with the system.]

ChildrenThe child and family welfare system policy focuses on the provision of support and assistance to all children whose welfare and protection is threatened, especially children in difficult family environments, living in acute poverty, at risk of abuse, violence, neglect or exploitation, or living without parental care.

Families show responsibility for their children and take care and protection problems

seriously. In normal circumstances, families react first, followed by the community, to

take decisions to protect children and ensure their wellbeing is guaranteed. Families

react to the problems they face by trying to find solutions; when they are unable to

resolve the problem, they then involve the wider community and appropriate

solutions are often found. In some cases these solutions are not effective, or

problems misjudged, and children continue to face problems. The child and family

welfare system aims at working with communities and families through processes

that are acceptable to them. This is important for the development of effective and

sustained solutions, although always ensuring that the wellbeing of children is

paramount.

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4. Mandates and responsibilities

The State should fulfil its responsibility by supporting and strengthening families and communities’ capacity to protect children. This involves supporting traditional processes of dialogue, mediation and reconciliation.

The State will work with existing community processes to promote the best interest of the child, introducing more articulated, extended types of prevention services that seek to directly strengthen families and communities.

However, the State has an obligation to intervene when the family and community are no longer able, for whatever reason, to ensure the protection of a child.

Primary responsibility for response lies with the community and families, resulting in

a redistribution of responsibilities from the State to the community. The State will

work in partnership with communities to build their capacity to handle the majority of

cases. This is to be combined with reserving the responsibility and mandate to

respond when things go wrong.

4.1 Ministry of Social Solidarity

The Ministry of Social Solidarity is responsible for the welfare of the citizens of Timor-Leste and specifically of vulnerable groups. Through its different departments the MSS will promote the welfare of communities and families.

4.1.1 Directorate of Social Reinsertion

The National Directorate of Social Reinsertion (DNRS) has specific responsibility for the overall management and stewardship of the child and family welfare system.

DNRS is responsible for the functioning of the child and family welfare system, ensuring all actors in the system have a clear understanding of their role, responsibilities and function within the system.

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DNRS and its Department of Protection and Social Assistance to Vulnerable Children, as well as the Department of Protection of Women Victims and Social Reinsertion of Vulnerable Families, are responsible for developing partnerships with civil society organizations, church actors and other service providers. This will involve formalising agreements where possible and necessary.

DNRS is responsible for maintaining coherence within the child and family welfare system and ensuring mutually reinforcing approaches among different departments and strategies.

In this framework, DNRS must ensure that the services which the system commits to

provide are actually available across the national territory, with active management of

internal resources and in structured partnership with civil society organizations.

DNRS will have the responsibility to promote and develop all necessary policies on child and family welfare to expand the system scope and reach while adapting to new challenges and needs.

Responsibility for policy development is accompanied by the responsibility to

advocate for and ensure compliance and convergence of child and family welfare

policy, other welfare policies and social protection policies of the Timor-Leste

Government. Policy development should be inclusive and take into full account the

socio-cultural and economic situation of the country.

DNRS has the responsibility to develop quality standards for services directly provided by the Department, as well as by civil society and church organizations.

4.1.1.1 Department of Protection and Social Assistance to Vulnerable Children

The Department of Protection and Social Assistance to Vulnerable Children under the guidance of DNRS has the duty to provide responsive services when requested by communities or when a formal child protection report is made.

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Response service provision is a duty of the State and will be performed only by welfare officers within the DNRS. The following duties, as part of the response process, cannot be delegated:

Assessment Planning

o DNRS Welfare Officers are authorised to file a request for

mandatory action (initiating and following court process for child removal and placement) in accordance with the Civil Code.

o Child placement

Case review Case closure

In cases of criminal conduct against a child, the Department of Protection and Social Assistance to Vulnerable Children has the responsibility to collaborate with the Police and the Courts.

The Department of Protection and Social Assistance to Vulnerable Children under the guidance of DNRS has the responsibility to ensure that the following services are provided to children, families and communities:

Family support services Provision of specialized therapeutic services for victims and families Provision of alternative care for children Monitoring of care plans for children

These latter services can be delegated to civil society organizations or the church

under clear service provision agreements. The Department of Protection and Social

Assistance to Vulnerable Children is responsible for ensuring that those services are

accessible nationwide. In absence of partners, the Department of Protection and

Social Assistance to Vulnerable Children will assume the role of service provider.

The Department of Protection and Social Assistance to Vulnerable Children has the responsibility to constantly engage with civil society, including community leaders and members, to stimulate the dialogue on child protection and family problems.

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This includes the responsibility to accompany the communities through decision-

making (pedagogic function) processes in a collaborative spirit.

The Department of Protection and Social Assistance to Vulnerable Children has the responsibility to document and collate information and data coming from the constant engagement with communities and cases dealt with.

The information and data generated will be used for internal analysis. Once

compiled, the Department of protection and Social Assistance to Vulnerable Children

will have the responsibility for sharing the information with the National Commission

on the Rights of the Child (NCRC) on an annual basis.

4.1.1.2. Department of Protection of Women Victims and Social Reinsertion of Vulnerable Families

The Department of Protection of Women Victims and Social Reinsertion of Vulnerable Families has the responsibility to ensure that family support services and social protection strategies are implemented consistently and equitably across the national territory.

The Department of Protection of Women Victims and Social Reinsertion of Vulnerable Families has the responsibility to ensure that response services are available and provided for women victims of domestic and all forms of violence who need or request support.

4.2.1 National Children’s Rights Commission

The NCRC is responsible for monitoring the functioning of the child and family welfare system and will produce regular independent reports.

The NCRC has an oversight function in reviewing compliance of the service quality standards approved and promoted by the DNRS. Regular reports will be produced to evaluate the quality of services provided.

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The NCRC has the responsibility to document and compile information generated by the child and family welfare system and produce annual reports on the basis of this information.

The NCRC plays an independent role in relation to knowledge generation around

issues of child and family welfare. In agreement with DNRS, the NCRC will develop

an agenda for further research into the social challenges affecting Timor-Leste

society.

4.2.2 National Police of Timor-Leste – Vulnerable Persons Unit

The National Police of Timor-Leste (PNTL), specifically the Vulnerable Persons Unit (VPU), are responsible for upholding the rule of law and have the duty to refer concerns regarding the welfare of children to the Department of Protection and Social Assistance to Vulnerable Children or a district level welfare officer.

The PNTL are only authorised to remove a child from their home without the presence of a welfare officer if the risk to the child is both immediate and severe.

The PNTL is responsible for sharing information on cases of child abuse as required

with the Department of Protection and Social Assistance to Vulnerable Children or

district level welfare officer.

4.3 Civil Society

4.3.1 Families and CommunitiesFamilies have the primary responsibility for child care and protection. Communities are responsible for promoting the wellbeing of all members and for finding solutions when the wellbeing of children and all family members is at risk.

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4.3.2 Non-governmental OrganisationsNon-governmental organizations (NGOs) and Civil Society Organizations (CSOs) have the responsibility to actively contribute to the functioning of the child and family welfare system.

NGOs and CSOs are responsible for following the approaches of the system and not

undermining the system design. NGOs should not take unilateral action but instead

collaborate with MSS and establish agreements for provision of services for children.

4.3.3 Religious Organisations

Religious organisations have the responsibility to actively contribute to the functioning of the child and family welfare system. Partnership between religious organisations and the MSS is encouraged for effective functioning of the system.

Religious organisations should commit to follow standards and rules as developed by

the child protection system of which religious organisations are a part. Religious

organisations should seek partnership with MSS, considering the significant quantity

of services religious organizations already provide to children and families in Timor-

Leste.

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5. Child and family welfare services

The child and family welfare system undertakes to provide services for families and communities. The system aims to address a wide range of vulnerabilities through a combination of preventative strategies (social protection, material and financial benefits, information and awareness raising, and family support services) and a package of specialized services that accompany / assist families and communities to find their own solutions to problems.

Services characteristics

Service provision is based upon principles of partnership. Services will not duplicate responses already available or that can be provided within the family or community.

Services will not replace the role of families and communities. They will adopt a family-oriented approach to identify solutions, while helping families and communities to consider problems from different perspectives.

The primary purpose of the partnership is to establish robust preventative strategies,

supporting families and strengthening communities to care for and protect children.

These preventative strategies incorporate a range of different measures such as:

direct social protection support, including financial assistance; information and

education on child welfare; community dialogue and collective problem-solving; and

early intervention and support for families with problems. The purpose of information

and education is to ensure that communities have the ability to recognise and

address family problems and child welfare concerns before the situation deteriorates.

In this way, communities across Timor-Leste will develop the skills necessary to

enhance child and family welfare in the future, rather than just dealing with individual

cases today.

Services for responding to direct reports of abuses or to request by communities for

help in addressing child protection concerns will be provided as much as possible

through the community processes, fostering consensus and dialogue, achieving a

solution in respect of the principles of the system.

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Services approach

Child and family welfare services will be provided through sustained dialogue with communities, traditional and local authorities, church and civil society organizations. Adopting a mediation approach to service provision, negotiated decisions and mutually agreed solutions will be identified to the maximum extent possible.

By resolving problems together, communities learn the skills, tools and knowledge to

solve other problems in the future, strengthening capacity to identify effective local

solutions to child protection challenges.

The State is responsible for providing information and education to families and communities so that they can take positive decisions regarding child welfare.

This would be less through information and training campaigns and more through

public dialogue, discussions and review of problems that families and communities

have faced in the past.

5.2.1 Prevention

Preventative strategies and services include a combination of social protection strategies and active engagement with communities and families.

The child and family welfare system employs a number of different strategies for

ensuring the wellbeing of children. These are designed to enhance the overall

environment where children live, to help their families at difficult times, to help

communities to recognise and solve problems, and to know how to seek further

assistance. More specifically:

Families and communities will be informed and educated about child welfare issues,

understanding the law and about their role in helping people with problems.

Information and awareness raising initiatives will enhance community dialogue and

learning, generating new perspectives about how to approach and deal with child and

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family welfare issues. Communities will be accompanied through this evolving

learning process.

While awareness raising strategies are essential, it is perhaps even more important

to provide communities with practical ways for resolving problems. This will enable

families and communities to tackle issues early on and deal with them through both

traditional and new methods of mediation and negotiation. Support will also be

provided to help communities make appropriate decisions, including joint review by

different partners.

It is recognised that the package of preventative strategies will continue to rely on

social protection measures that enable families to live with less stress and hardship.

The Bolsa da Mae will continue to support those families most in need with the

purpose of promoting a strong and harmonious family environment for children.

Service providers will engage with traditional leaders, church, and communities on a regular basis to foster dialogue on child and family welfare. This partnership approach will ensure that different perspectives are brought to bear to address welfare and protection issues.

There is a role for information sharing and sensitization on laws and policies, along

with increased recognition of the need to promote community processes and

collaboratively address family problems and child protection issues. Service

providers will support and build the capacity of families and communities to make

voluntary decisions to protect children. This process will have a pedagogic value by

increasing community capacity in caring for children and fostering family welfare.

5.2.2 Response

Child welfare services have the obligation to respond upon receiving a report or request from communities for help. The process of response services is articulated as follows:

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AssessmentThe welfare officer will carry out an assessment to ascertain the situation. The assessment will involve the victim, the family and relevant community members, including local leadership as appropriate.

PlanIf the problem for the child and family is assessed to be persistent or is judged likely to reoccur, a plan is developed to ensure the long term wellbeing of a child, recognising the importance of maintaining the child with the family and community.

The welfare officer will facilitate a process of dialogue and mediation with the family and community to find consensus and resolution. The plan will be entered into on a voluntary basis by families and communities and they will commit to uphold the decisions made.

Voluntary decisions and family and community-owned plans offer the advantages of

not representing an additional burden for the State, recognizing the responsibility and

potential of families and communities to promote child protection, and the

sustainability of mutually agreed solutions.

Coercive action

In circumstances where the plan cannot be agreed voluntarily, parties fail to comply with the agreed solutions, or the child continues to face protection problems, welfare officers have the option of initiating coercive actions through the court.

For any emergency placement or removal of a child from their home, placement will be found within the extended family, the community or the church apart from those exceptional cases where this is not possible or is determined to be inconsistent with the best interest of the child.

It is preferable not to remove a child from their family and isolate them from the

critical support relationship provided by the extended family during times of great

distress. If removal from the extended family is deemed absolutely necessary, an

alternative, appropriate, local solution should be sought in consultation with the

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community. The child should be always accompanied by a trusted adult and never be

removed alone. Emergency removal should be temporary, only for duration of the

immediate emergency until the situation is brought under control and an appropriate

solution found (24 to 48 hours).

The child welfare officer is authorised, under certain circumstances, to take coercive measures to remove a child from their home and make alternative care arrangements. Any removal of a child against the will of the family is for the purpose of guaranteeing the long-term wellbeing of the child and the reintegration with his / her family with the minimum delay possible.

Family support services, such as mediation, counselling, advice, mental health interventions, or economic support will be provided to both the child and family to create the necessary conditions for restoring the child to their original family with the minimum delay possible.

Children in conflict with the lawChild welfare officers are currently performing services related to juvenile justice. The role of child welfare services in relation to children in conflict with the law will be specified by the Juvenile Justice Law currently under development.

Plan implementationFamilies and communities are responsible for implementation of the plan to which they have agreed through consensus and ensuring that the set outcomes are achieved. Civil society organizations can provide support to help families and communities in these tasks.

Monitoring planCoercive action and plans will be regularly monitored by service providers and a regular review of the plan will be carried out with the aim of finding a permanent solution.

Plans will be monitored in coordination with the family, relevant community members or civil society organisations. Adjustments will be decided as per the process outlined in the assessment phase.

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Case closureCases should be considered closed once the following primary objective of the plan is reached: the conditions to guarantee the wellbeing of the child are met in a family environment. Placement of a child in residential care cannot be considered to be a case resolved.

Alternative care

Child placement should be decided as far as possible in partnership with the family and community. Solutions should be found within the community of origin or with relatives in other communities. Placement of children in residential care should be the absolute last resort and considered temporary in nature.

Any child removal is a failure of the system for not having adequately supported the

family and communities to find appropriate solutions. There will be circumstances

where there are no alternatives but these should represent rare and extreme cases.

Any placement will be made as part of a long-term plan for the ultimate restoration of the child within a safe and permanent family environment.

Objectives of an alternative care placement are as follows: Child wellbeing Physical safety Recovery from abuse and trauma Maintenance of contact with community and culture

The primary aim of alternative care placement is the restoration and preservation of

child wellbeing. Careful judgement needs to be taken in removing a child with the aim

of pursuing justice. The rule of law must take into consideration implications for the

best interests of the child as previously presented.

Placement in residential care facilities (institutions) can be considered only when the facility offers services not available in the community (such as specialist health care, mental health interventions).

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Institutions should not be considered acceptable alternatives for provision of food,

daily care, education, etc. Other members of the extended family or community can

meet these needs. Institutions cannot substitute what families and communities

naturally do or can do with positive assistance and support.

Child and family welfare services in emergencies

[to be articulated once the overall policy is approved]

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6. Research and further policy development

The NCRC is responsible for collating data and information generated by MSS, NGOs, religious organizations and other sources. Regular analytical reports will be produced on the basis of this information and used for further policy development.

This body of material will provide an information base to support future policy

development and adaptation of services. Additional targeted studies will be

commissioned to shed light on other specific social problems that require further

investigation. This will allow for on-going monitoring and analysis of trends that affect

the functioning of the system. An annual assessment report based on a standardised

format should be developed.

MSS is responsible for reviewing and analysing the data collected in order to support policy development, in addition to sharing information with NCRC.

While both MSS and NCRC are responsible for data analysis, MSS has a clear

responsibility to assess the information collected from a policy development and

planning perspective. This represents a fundamental function of the system and will

require dedicated staff and allocation of resources from MSS, NCRC or both.

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Annex I: Context

The government of Timor-Leste, specifically the MSS and DNRS, has made

significant efforts to strengthen the protection of children in recent years. The DNRS

clearly has a committed leadership and there are opportunities for strategic use of

present resources. The development of the formal system over the past decade has

been subject to a number of different influences and, despite the lack of a clear legal

framework, has many of the features of a statutory response based model. However,

there are a number of challenges in the overall system design. The MSS has been

mandated to create a protective environment for children but at present does not

have the capacity to address causes of vulnerability within the wider environment in

which children and families live. Conceptualisation of the broader protective

environment beyond a focus on individual children has been limited and there is a

visible lack of integrated planning within the Ministry and between different sectors.

The Ministry of Social Solidarity’s ‘Long-term Plan’ (2011-2030) highlights the

importance of community harmony as an important principle that must be taken into

account in Timor-Leste, along with the determination of the best interest of a child.

However, to date this strategic approach appears to have had little impact on actual

system design or function.

Sexual Abuse: 27

Physical Abuse: 24

Neglect: 9

Children in conflict with the law: 7

Trafficking: 3Abandonment: 1

Number of Cases Reported to MSS (2008)

Figure 1: Type & Number of Child Abuse Cases Reported to MSS (Central Level), 2008

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The MSS central database (2008) indicated that a total of 71 cases were reported

and classified at central level (see Figure 1 above).7 This limited number of cases

suggests that a large majority of cases are not reported to the formal system and are

dealt with in other ways. According to the 2009–10 Timor-Leste Demographic and

Health Survey,8 8.5% of children do not live with their parents and an additional 9.2%

of children live with only one parent, leaving a total of 17.7% of children in potentially

vulnerable situations. However, only 0.7% of children are in formal alternative care,

indicating the limitations of the formal system for the protection of children potentially

in need of support.

Figure 2: Living Arrangements of Children in Timor-Leste

7 Records do not include Dili.8 National Statistics Directorate of the Directorate General for Analysis and Research. 2009–10 Timor-Leste Demographic and Health Survey (TLDHS). Page 14.

% children living with their parents

% children living with one parent

% children in non-formal alternative care

% children in formal alternative care

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Data on the prevalence of child abuse, violence, neglect and exploitation in Timor-

Leste is limited. Information collected from reports and discussions with respondents

during the child protection system mapping research indicates high levels of physical

violence against children. Studies utilising both qualitative and quantitative methods

have raised a number of child protection concerns, suggesting that incidences of

sexual abuse, child trafficking, child labour, neglect, and violence are prevalent.9 The

DHS also indicated that nearly one-third of all women have experienced some form

of violence or assault since the age of 15, a figure that rises to one in two in Dili.10

Physical violence towards children, often perceived within families as essential

discipline, appears common. Given the widely accepted anecdotal evidence of abuse

and violence patterns, a cursory glance at the data suggests that national statistics in

no way reflect actual prevalence of violations against children.

Social welfare service provision

District PopulationPoverty

IncidenceAgencies

Dili 167,777 43.3 22

Aileu 38,000 68.6 3

Ainaro 53,629 79.7 4

Ermera 103,169 54.6 5

Liquiçá 55,058 44.9 7

Manatuto 38,580 73.7 5

Manufahi 44,235 85.2 8

Bobonaro 82,385 54.5 6

Cova

Lima55,941 49.1 3

Oecusse 58,521 61 5

Baucau 104,571 22.3 11

Lautém 57,453 21.3 5

Viqueque 66,434 43.4 9

9 UNICEF& Plan International (2008). “Speak Nicely to Me” 10 National Statistics Directorate of the Directorate General for Analysis and Research. 2009–10 Timor-Leste Demographic and Health Survey (TLDHS).

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In the absence of a comprehensive strategic welfare policy, service provision has

developed in a relatively ad hoc manner and social welfare services are only

activated when cases of abuse are received. As noted above, rates of reporting to

the formal child protection system across the country are extremely low. Welfare

services available in Timor-Leste are provided primarily by NGOs and to a limited

extent by State actors. Distribution of child protection services in Timor-Leste in

terms of geography, population and poverty incidence is uneven. A recent mapping

of welfare and protection NGOs and faith-based groups found services concentrated

in Dili and urban areas, resulting in significant regional disparity in access to

services.11 Outside Dili, districts with the largest numbers of service providers

included Baucau (12%), Viqueque (10%) and Manufahi (9%). Districts with the

fewest service providers include Aileu (3%), Cova Lima (3%) and Ainaro (4%). Dili

had twice the amount of services than Baucau, the district with the next highest

percentage of child protection services (12%). Based upon available district poverty

estimates, several districts with the highest levels of poverty also have the fewest

number of agencies providing services, while there appear to be more agencies

operating in those districts with lower levels of poverty.12

The current service provision approach is characterised by an almost exclusive child

focus, with limited support to strengthen the capacity of families and communities to

protect children. The service mapping analysis found that 45% or almost half of all

services available are child protection response services; 13% are residential

services including shelters and long-term orphanages.13 The remaining 32%

represent direct response services such as outreach and rescue, family tracing and

reintegration, mediation, counselling and therapeutic support. Prevention services

represent 38% of services provided. 17% of child protection services are focused

primarily on communication and awareness raising initiatives. Coordination and

integration of NGO services is limited; a high percentage (43%) of NGOs and faith-

based groups providing child protection services are not registered with any

government agency and there is no central coordination or oversight of services

provided.

11 MSS & UNICEF (2012). Child Protection Service Provision in Timor-Leste: Mapping Analysis Paper.12 Ministry of Finance and World Bank. 2008. Timor-Leste: Poverty in a Young Nation. Washington DC (November).13 MSS & UNICEF (2012). Child Protection Service Provision in Timor-Leste: Mapping Analysis Paper.

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Community mechanisms for protecting children

Communities in Timor-Leste address and respond to child protection issues at the

local level without resorting to the formal system. In doing so, they refer primarily to

principles of community harmony and stability and promotion of the welfare of

children within the context of families and communities. Communities will continue to

use their own methods to ensure the well-being of children if these are more efficient,

effective and less costly than State services.

Local level disputes in Timor-Leste – including cases of land and ownership disputes,

child support, domestic violence, etc – are largely handled using customary law.14

Conflict within communities is usually addressed using the traditional “adat” process.

In the “adat” the chefe or lia-nain talks to families of both the victim and the

perpetrator and consults the families involved. Although primarily used in civil cases,

the “adat” is also used in cases of domestic violence and child protection.15 A recent

literature review of Customary Law and Domestic Violence in Timor-Leste16 found

that communities recognized a role for both state and non-state actors in the

maintenance of law and order17 and often see no contradiction in seeking justice by

using both systems in parallel.18

Informal justice systems presently play a central role in the lives of many citizens in

Timor-Leste.19 In dealing with child sexual abuse cases, the traditional authority tries

to negotiate a mutually beneficial agreement between the families. The agreement is

not legally binding but must be acceptable to both parties. According to their

traditional role, the chefes consider themselves responsible for the well-being of the

community. However, it appears to be primarily the family’s decision to involve a

chefe to resolve an issue. The chefe will then consult with the other elders and

possibly the police to determine an appropriate response – whether to report the

14 Mearns, David, Looking Both Ways: Models for Justice in East Timor, Australian Legal Resources International, 2002.15 MSS & UNICEF (2011). Mapping and Assessment of the Child Protection System in Timor-Leste. 16 UNDP Timor-Leste (2011). Customary Law and Domestic Violence in Timor-Leste, Approaches to Domestic Violence against Women in Timor-Leste: A Review of the Literature. 17 World Bank (2010). Expanding State, Expectant Citizens: Local Perspectives on Government Responsibility in Timor-Leste. Justice for the Poor Briefing Note 4 (2).18 JSMP (Judicial System Monitoring Program) (2006). The Law of Gender-Based Violence in Timor-Leste, April – November 2005. Dili.; Trindade, J. and Castro, B. (2007): Rethinking Timorese Identity as a Peacebuilding Strategy: The Lorosa’e – Loromonu Conflict from a Traditional Perspective. The European Union’s Rapid Reaction Mechanism Programme; Technical Assistance to the National Dialogue Process in Timor-Leste. Dili.19 UNICEF, 2009; Marriott, 2008; Niner, 2007.

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matter to the formal justice and welfare systems or to use the traditional system of

conflict resolution.

Consultations with communities, leaders and service providers were conducted with

46 groups in four provinces in Timor-Leste to explore current child protection

mechanisms and expected support. The primary actors identified by communities in

response to a case of violence against a child were the extended family, chefes and

neighbors. The findings indicated that families and communities respond to child and

family welfare problems with dialogue and actions to protect and support the victim.

Communities value the ways they deal with problems and would like them to be

respected.

Families expect help from the community and the Government when problems are

very serious and cannot be solved first within the family and then within the

community. 93% of community members stated that if a problem is very serious and

no action is taken, it would be acceptable for a Government Child Protection Officer

(CPO) to take action. It was clearly stated by communities that the CPO / Social

Animators should step in only after family and communities have attempted to solve

the problem and should work in cooperation and collaboration with local authorities. If

the removal of a child is required, communities preferred family placements over

institutionalization of children.

The findings of the community consultations reinforce the foundations of the Child

and Family Welfare System Policy, including the policy principle and values,

responsibilities, as well as the outlined approach and service characteristics.

Additionally, the consultation findings underscore the cross-cutting themes of

partnership and complementarity between the state, communities and families.

Resources

DNRS has limited staff and infrastructure capacity and currently functions primarily

as a coordinator for the agencies involved in different aspects of child protection.

MSS established CPOs in each district in 2007. In each sub-district of the country,

the MSS is represented by Social Animators, responsible for identification of families

in need of support and referral between families and the MSS. The total number of

government welfare officers (including CPOs, Social Animators and central level

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officers) totals approximately 80 persons. There is therefore roughly one welfare

officer for every 12,500 people in Timor-Leste and a district CPO is responsible for

approximately 39,000 children under the age of 18.20 These figures alone highlight

the challenges in ensuring an operational system. There are few, if any,

professionally qualified child welfare or social work staff working within government

and NGO structures, although plans exist to develop and introduce a post graduate

qualification in social work.

The national budget for child protection remains highly dependent upon the

contributions of international partners and has been used largely for the development

of infrastructure and awareness raising activities. This remains inadequate for the

development of a continuum of national level service delivery.

Legal Framework

The Penal Code and Law Against Domestic Violence are the two primary laws

regulating core child and family welfare considerations in Timor-Leste. Despite the

progress made, these texts do not represent a solid enough legal foundation for an

appropriate response for child victims of abuse and violence, or a strong legal

framework for the development of an effective child and family welfare system.21

While international child protection instruments ratified in Timor-Leste provide

general principles, national legislation is required to specify institutions, mandates,

and procedures for implementation. As identified in the child protection mapping,

several critical aspects of child welfare and protection have no clear legal regulation,

including family welfare, inheritance rights, children without parental care, adoption,

street children, and child protection in emergencies.22 While other areas of child

welfare are regulated to different extents, there remains a lack of overall clarity and

cohesiveness to the legal measures.

Several draft bills have been prioritised, including the Child Rights Code and Juvenile

Justice Law and are currently at various stages in the legislative process. The Civil 20 MSS & UNICEF (2012). Child Protection Service Provision in Timor-Leste: Mapping Analysis Paper.21 Child Frontiers (2011). Comments on the Timor-Leste Domestic Violence Law.22 MSS & UNICEF (2011). Mapping and Assessment of the Child Protection System in Timor-Leste.

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Code covering aspects of parental responsibilities, legal guardianship and domestic

adoption was approved in 2011. However many of these laws appear to rely upon

institutions and professionals for implementation and enforcement that at present do

not have the capacity to play this role. In some cases, this is a result of the replication

of legislation based on other countries with different political, social and economic

contexts.

Significant efforts have been made to develop a legal and policy framework for child

protection in Timor-Leste. However, it remains fragmented and inconsistent, as a

consequence of the manner in which it has developed. As noted in the assessment

of the Law Against Domestic Violence, clear legislation is required to 1) designate a

government agency with clear mandate, authority and accountability for assessing

and responding to concerns about a child’s wellbeing; 2) outline standards, criteria,

authority and procedures for making decisions about which interventions are

appropriate in individual cases; and 3) require that all decisions regarding

compulsory protective services (including removal of a child from their family and

alternative care) be made by a designated government authority, subject to judicial

review.

Child and Family Welfare System Policy

The present Child and Family Welfare System Policy Paper has been developed in

response to the issues described above, through a year-long collaborative process

with Government and key stakeholders and supported by the findings of national

community consultations. The process was designed to bring together the

aspirations, beliefs, values and expectations of a range of coalitions through a series

of meetings and workshops with relevant actors, community leaders, parents,

children and local administration officials. The objective is to ensure the development

of a system appropriate for Timor-Leste and that the system foundations genuinely

reflect national aspirations, given the cultural and social context and the current level

of human and financial resources.

The policy offers a framework to guide the development of an appropriate and

relevant system and coherent social services to strengthen the protection of children

and support to families in Timor-Leste within the current national context. The system

is designed to evolve based upon an on-going process of dialogue and mediation

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with stakeholders and community actors in order to build trust, share knowledge and

promote optimal outcomes for children.

35