COMBATING TRAFFICKING IN PERSONS THROUGH CRIMINALINVESTIGATION, PREVENTION AND COOPERATIONIN TIMOR-LESTE
Paulo Anuno*

I. Introduction
Trafficking in people in East Timor is increasingly widespread, both domestically and across national
borders. Prominent among trafficking in persons is the trafficking of children and women associated with thesex industry, which is now starting to become a public concern. Of course, it cannot be concluded that thisphenomenon is new; it is likely that this phenomenon has occurred since independence, occurring on a small
scale or because the activities are organized so neatly that they are unattractive and unreachable by news
media.
Prostitution and human trafficking for sexual exploitation have existed in East Timor for centuries. From
the Portuguese colonial period (1511-1975), to the Japanese occupation during World War II (1942-1945), to
the Indonesian occupation (1975-1999), there has been some form of sexual exploitation that can be consideredtrafficking under the international standard set forth in the 2000 “Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention
Against Transnational Crime” (Trafficking Protocol).
In May 2002, East Timor gained the restoration of its independence when the United Nations Transitional
Administration in East Timor (UNTAET) transferred its interim authority to the new government. By thattime in Dili, East Timor’s capital city had an estimated population of 150,000 inhabitants. There areapproximately 250 female sex workers from East Timor (100), Indonesia (60), China (35), Thailand (30),Philippines (20), and Australia (3). In addition, Dili has 100 East Timorese male sex workers and 10 Indonesianmale sex workers. Research indicated that the sex workers in the nation’s districts are exclusively East
Timorese women.
Between March and June 2004, the Alola Foundation1 conducted an Anti-trafficking for Sexual Exploitation
Needs Assessment in East Timor. This research focuses on a qualitative study with three main objectives:
1. To analyse the situation and assess the needs of trafficking victims for sexual exploitation,
2. To uncover the scope of trafficking operations by understanding how the sex industry operates, and3. To evaluate the political, legal, cultural, and social context of prostitution and the efforts to combat
human trafficking.
To achieve the first two objectives, an assessment team surveyed 42 sex workers (women, girls, men, andboys) as a means to identify trafficked persons and their needs. In addition, the team contacted over 400 othersources to complement and confirm the data obtained from the sex workers themselves. Over 60 persons
were interviewed in governmental agencies, local and international non-governmental organizations, and theUnited Nations mission and agencies, as well as private individuals.
In 2006, 3 men and 1 woman were arrested, investigated and accused. In 2007, 8 women and 2 men werearrested, investigated and accused but no convictions were recorded prior to 2007.
＊

Investigator, Criminal Investigation Unit (CIU), Investigation Division (ID), Anti-Corruption Commission, Timor-Leste.
Alola Foundation is a nonprofit NGO to improve the lives of women and children. Founded in 2001 by former First Lady,
Dr. Kirsty Sword Gusmão.

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In 2009, UNPOL2 and PNTL3 conducted an operation for human trafficking that apprehended 22 women
between the ages of 17 and 29 years old. In 2006 and 2010, the International Organization of Migration (IOM)
estimated that there were close to 1,000 construction workers and large percentages of the 550 commercial
sex workers in Dili. In 2012, there were 3 people investigated and 1 was charged. But between 2013 and2014, legislation was pending approval from the Council of Ministers. Thus, no trafficking cases weresuccessfully investigated during that period.

II. TRAFFICKING IN PERSONSArticle 163 of the Criminal Code of East Timor4 states that “Trafficking in people” is punishable by aprison sentence of 8 to 20 years, applying to those who “recruit, alienate, assign, acquire, transport, transfer,to host or welcome people, using the threat, the use of force, other forms of coercion, abduction, fraud, deceit,
abuse of authority or situation of vulnerability, or through the delivery or acceptance of payments or benefits,
to obtain the consent of a person who has authority over another to achieve the purpose of exploitation“(paragraph 1); and those who “recruit, transport, transfer, host or host a child under the age of 17 for even
if it does not involve any of the means referred to in the previous paragraph” (paragraph 2). Explaining the
conduct in paragraph 3, that the “holding” must include at least the exploitation of the prostitution of others
or other forms of sexual exploitation, forced labour or services, slavery or slavery-like practices, or extractionof organs.
The next challenge for countries is to convert these legal obligations into practical outcomes. The
translation of law into practice is rarely easy, particularly for a crime as complex as trafficking. Experiencein East Timor confirms that enacting appropriate criminal laws is just the first step. Greater challenges lie
in giving full effect to these laws, while recognizing the special rights and needs of victims of trafficking.

III. INVESTIGATION AND PREVENTION
Trafficking in persons, especially of women, is a form of crime that is very complex. Of course it requires
a comprehensive and integrated effort. Not only knowledge and professionalism are needed, but also
information collection and exchange, good cooperation between law enforcement officers such as the police,prosecutors, judges and other related parties, namely government institutions (relevant ministries) and nongovernmental institutions (NGOs) both locally and internationally. All parties can exchange information andprofessional expertise in accordance with their respective authority and agency code of ethics not only about
prevention, but also handling cases and protecting victims increasingly justifies the efforts to prevent andcombat trafficking in an integrated manner.
In the context of investigation and prosecution, law enforcement officials can maximize the network ofcooperation with fellow law enforcement officials within a country to exchange information and conduct joint
investigations. Collaboration with law enforcement officials in destination countries can be done throughinformation exchange, or even through mutual legal assistance, for the prevention and control of cross-border
trafficking in women:
1. The State must take appropriate measures to discourage and reduce the demand that favours all
forms of exploitation of persons, particularly women and children, conducive to trafficking, including:(a) Measures to raise awareness of the responsibility and the important role of the media and civilsociety in identifying demand as one of the root causes of human trafficking, including through theinternet, information and awareness-raising campaigns, research and education;(b) Preventive measures including educational programmes for children and young people ineducation, stressing the unacceptable nature of discrimination based on sex and its harmful
consequences, the importance of equality between women and men, and the dignity and the2United Nations Police (UNPOL).
National Police of East Timor (PNTL).
4
Decree law no. 19/2009, approval of the Penal Code of Timor-Leste.
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integrity of every human being.
2. The State shall further promote the regular training of officials and other servants of justice andothers who may intervene or contact victims of trafficking in persons, including police officers on the
ground, so that they may identify and deal with victims.
3. The State shall act in cooperation with relevant international organizations, civil society and otherinterested parties.

IV. PROSECUTION
The government has made increased law enforcement efforts and took steps to strengthen relevant
legislation. Articles 163 and 1645 of the criminal code criminalize all forms of trafficking and prescribe eight
to 25 years’ imprisonment as penalties which are sufficiently stringent and commensurate with thoseprescribed for other serious crimes, such as rape. The government reported that it investigated 176 cases ofsuspected trafficking a significant increase from 12 in 2015. It confirmed 79 of these as genuine trafficking
cases and initiated 16 prosecutions, an increase from six in 2015. For the fourth consecutive year, thegovernment did not obtain any convictions; all prosecutions remained pending at the end of the reporting
period. The government did not report any investigations, prosecutions, or convictions of government
employees complicit in human trafficking offences. In the past, police officers reported using their own
personal funds to pursue trafficking investigations due to inadequate resource allocation from the government.
In February 2017, the government promulgated the Law on Preventing and Combating Human Trafficking
to amend the criminal code, extending criminal liability for trafficking to “legal persons,” such as corporations.
The new law prescribes fines, judicial dissolution, and asset forfeiture as penalties, and authorizes compensationof victims.
After the entry into force of the UN Trafficking Protocol6 in 2003, East Timor ratified the protocol in 2009,
establishing a set of key legal obligations relating to trafficking. These include the following obligations:
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criminalization of trafficking and providing appropriate penalties;
extraditing or prosecuting traffickers;
actively identifying victims;
diligently investigating and prosecuting traffickers;
assisting and protecting victims;
refraining from detaining and prosecuting victims;
providing adequate and appropriate remedies to victims of trafficking;providing special measures for children;
working towards preventing trafficking;cooperating across borders.

V. REGIONAL AND INTERNATIONAL COOPERATION
According to the Timor-Leste Constitution, article 8, nos. 1 – 4, addresses creating better international
relationships. Moreover, article 9, nos. 1 – 3, adopts international human rights law. Law no. 3/2017, the Law
on Prevention and Fight against Trafficking in Persons and a Fourth Amendment to the Criminal Code,article 32 states that:
1. The State and the entities competent under this law and their agents shall promote cooperation
through bilateral, regional and international mechanisms in the development of common strategies andforms of action to prevent and combat trafficking of people.
2. Without prejudice to the results of the obligations already assumed by the Timorese State, for the5

Ibid.
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing theUnited Nations Convention against Transnational Organized Crime.
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purposes of the preceding paragraph, the competent authorities shall, in particular:(a) Develop cooperation agreements to facilitate the rapid identification of victims of trafficking inpersons, including the dissemination and sharing of information on the nationality and right ofresidence of the persons concerned;(b) Establish mechanisms to facilitate the sharing of information on traffickers and their methods ofoperation;(c)

Develop procedures and protocols for the joint conduct of surveys;(d) Ensure international judicial cooperation in investigations and prosecutions relating to trafficking
in persons;(e) Establish cooperation mechanisms for the seizure of the proceeds of trafficking in persons;(f)Share information on the implementation of assistance, repatriation and integration programmes;(g) Encourage and facilitate cooperation between non-governmental organizations and other civilsociety organizations in the countries of origin of victims of trafficking in persons, so as to ensure
the provision of support and assistance to repatriated victims.
There is an opportunity to establish Mutual Legal Assistance (MLA) to work together for better criminal
justice. The cooperation from government to government not only with Portuguese Speaking Countries(CPLP) but also with ASEAN, the European Union, the United States of America, China, Japan, Australia andothers.
In January 2017, the Indonesian government reported 5 residents for violating immigration procedures in
Lombok, Nusa Tenggara Barat (NTB). Recently in 2019, one concrete example of cooperation is that the
government of Timor-Leste and the Chinese government have negotiated to repatriate 31 workers from
Timor-Leste illegally working in Chian, China. The Immigration Police7 played an important role ininvestigating and the report submitted to the Prosecutor’s Office. The case is now being handled by theProsecutor’s Office in Timor-Leste. However, there is another way for the Prosecutor to decide whether tocontinue investigating or delegating the mandate to the police organs. Usually, cases relating to corruption
will be given to the Anti-Corruption Commission, cases relating to trafficking in persons or drug trafficking
will be given to the NDI Police and PCIC Police, and illegal immigrants will be handled by the Immigration
Police and so on.
Cooperation with civil society is very necessary to jointly fight trafficking in persons, as stated in article
33 of the above-stated law, and the competent entities under this law shall cooperate with other public
entities, non-governmental organizations and other relevant organizations in order to establish strategic
partnerships with a view to:(a) Prevent and combat trafficking in persons;(b) Protect and provide assistance to victims;(c)7

Investigate or prosecute criminal offences relating to trafficking in persons.

According to the L. Barreto the Attache, Police and Immigration and current acting Interim Director of Immigration Police
said that from 2018 to March 2019 there were East Timorese around 31 people who worked in Fujian, China. They werearrested by Police in Fujian for violating the immigration rules and misused the visa. Immigration Police of Timor-Lestework in a protocol to work together with China Police to repatriate them. In the first stage there were 7 people, the second
stage was 11 people and in the third stage there were 13 people who would arrive in Dili, Timor-Leste on 23 April 2019.

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VI. CONCLUSION
Trafficking for sexual exploitation is occurring in East Timor, the world’s newest nation. Due to conflicting
views about prostitution, its legality versus cultural acceptance, there has been confusion between traffickedpersons (crime victims) and non-coerced adult sex workers whose commercial sex work is a legal activity inEast Timor. The misconceptions have resulted in almost all women and girls suspected of prostitution
activities being treated as criminals. Through this period, however, the East Timorese government has madeprogress toward recognizing the rights of trafficking victims and targeting the traffickers as opposed to legal
prostitution activities. Important steps are still ahead including the formulation of a comprehensive antitrafficking law that addresses the needs of law enforcement as well as trafficked persons, and the coordinationof anti-trafficking policies that include civil society organizations as strategic partners. Although trafficking
is occurring, it is not so entrenched that effective multidimensional measures enacted soon could not
dramatically reduce, if not halt, its incidence. Moreover, concerted holistic efforts now may also prevent East
Timorese women, girls, men, and boys from being targeted by traffickers in the future. The more trafficking
is recognized as a global human rights issue, not just a local law enforcement challenge in East Timor but inthe rest of the world, the more we will move toward stopping this affront to human dignity.
Therefore, we should provide guidance to overcome trafficking in persons at the community level by
providing labour intensive training to communities that do not yet have the ability to increase the economyof the community, providing knowledge about trafficking to communities, improving relations between
communities so that there is no mutual use for their own interests and introducing to the communities themodes commonly used by traffickers.
At the national level, it is important to uphold Law no. 3/2017, Law on Prevention and Fight against
Trafficking in persons and fourth Amendment to the Penal Code of East Timor, Law no. 11/2017, on
Immigration and Asylum law, Law no. 2/2017 25 January, Law to Combat Illicit Drug Trafficking, East
Timor Penal Code and Procedure Penal Code and Law no. 15/2011, Judicial International Cooperation.
Increasing the security of safeguards in the country’s borders, both land and sea, improve security at
immigration (overseas permission), increase employment, improve education, close discotheques and cafesthat are used for sexual exploitation, training the sex workers who are arrested so that they do not returnto the dark world and sentencing traffickers to the death penalty.

REFERENCES
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Law no. 3/2017, 25 January, Law on Prevention and Fight against Trafficking in persons and fourth
Amendment to the Penal Code of East Timor.
Law no. Lei nº 11/2017, Immigration and Asylum law.
Law no. 2/2017, Law to Combat Illicit Drug Trafficking.
Timor-Leste Penal Code and Procedure penal Code.
Constitution of the Democratic Republic of East Timor.
Law no. 15/2011, Judicial International Cooperation.
Law no. 8/2009, Law on the Anti-Corruption Commission
Decree law no. 15/2014, Approved the Scientific Police of Criminal Investigation.
ALOLA_TRAFFICKING_REPORT.pdf.
https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=XVIII-12a&chapter=18&lang=en
GLO.ACT_Pakistan_HTMS-Conference-Report_Oct-2017.pdf.
https://globalmigrationgroup.org/theme/migrant-smuggling-and-trafficking-persons
https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilo-jakarta/documents/
publication/wcms_335667.pdf.
https://www.unmit.unmission.org
www.un.org
www.thediliweekly.com
https://indonesia.iom.int/id/aktivitas-kami/pemberantasan-perdagangan-manusia.
https://www.republika.co.id/berita/nasional/daerah/17/01/17/ojwuq2365-imigrasi-mataram-akan73

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