LGBT Rights in Díli
District

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History

Homosexual activity in Díli

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Homosexual activity in Díli is legal.

Current status
Since Nov 28, 1975
Legal
Homosexuality was decriminalised in Timor-Leste in 1975 upon independence and was not recriminalised under the Indonesian occupation the next year.
Until Nov 27, 1975
Illegal (imprisonment as punishment)
Before independence in 1975, Timor-Leste was under Portuguese colonial rule which punished homosexuality with imprisonment.
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Same-sex marriage in Díli

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Same-sex marriage in Díli is banned.

Current status
Since Sep 14, 2011
Banned
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.
May 20, 2002–Sep 13, 2011
Unrecognized
Until 2011, Timor-Leste had no laws explicitly banning same-sex marriage since independence from Indonesia in 2002. However, there was also no legal recognition provided to same-sex couples.
Dec 7, 1975–May 19, 2002
Banned
Since the Indonesian occupation of Timor-Leste in 1975, the same laws in Indonesia applied there including a ban on same-sex marriage in Indonesia's penal code. The ban would not carry over into independence from 2002 but a new ban would be implemented in 2011.
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Until Dec 6, 1975
Unrecognized
Until 1975, there was no law explicitly banning same-sex marriage in Timor-Leste. However, there was also no legal recognition provided for same-sex couples.
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Censorship of LGBT issues in Díli

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Censorship of LGBT issues in Díli is no censorship.

Current status
No censorship
In East Timor, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
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Right to change legal gender in Díli

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Right to change legal gender in Díli is illegal.

Current status
Since May 20, 2002
Illegal
Transgender Timorese currently do not have the right to change their legal gender. The ability for Timorese to change their legal gender was not carried over after independence from Indonesia in 2002.
Dec 7, 1975–May 19, 2002
Legal, but requires surgery
When Timor-Leste was invaded by Indonesia in 1975, it was annexed with the same laws as Indonesia which allowed legal gender recognition after surgery. However, it is unlikely this was achievable in practice due to the brutal occupation of the region.
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Until Dec 6, 1975
Illegal
Until 1975, there was no legal gender recognition provided in Timor-Leste.
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Gender-affirming care in Díli

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Gender-affirming care in Díli is restricted.

Current status
Restricted
For Timor-Leste, gender-affirming care is limited.
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Legal recognition of non-binary gender in Díli

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Legal recognition of non-binary gender in Díli is not legally recognized.

Current status
Not legally recognized
Article 12 of Decree-Law No. 2/2004 on Legal Regime for Civil Identification, states:

"Sex is written using the initials M and F, depending on whether the holder is male or female."
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LGBT discrimination in Díli

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LGBT discrimination in Díli is illegal in some contexts.

Current status
Since May 1, 2002
Illegal in some contexts
Within the penal code, discrimination on the basis of sexual orientation (and discrimination in general) is treated as an aggravating circumstances since 2009.

Sexual orientation was also a protected characteristic from employment discrimination since 2002 until 2012.
Until Apr 30, 2002
No protections
Until 2002, there were no protections from discrimination provided to LGBTIQ+ people in Timor-Leste.
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LGBT employment discrimination in Díli

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LGBT employment discrimination in Díli is sexual orientation only.

Current status
Since Aug 9, 2017
Sexual orientation only
There is protection against sexual harassment based on sexual preferences that applies only to the public sector.

Guideline No. 12/2017 on Prevention and combating sexual harassment in the Public Service. issued by the Public Service Commission, states that acts that may constitute sexual harassment include: telling lies or spreading rumors about a person's sex life; ask questions about a person's sex life; discussing one person's sex life with another; asking about another person's sexual fantasies, sexual preferences, or sexual history; making sexual comments about a person's clothing, anatomy or appearance; among others.
Feb 21, 2012–Aug 8, 2017
No protections
In 2012, Timor-Leste passed Law 4 which repealed the anti-discrimination protections provided on the basis of sexual orientation in employment provided in 2002. Protections would not be granted again until 2017.
May 1, 2002–Feb 20, 2012
Sexual orientation only
In 2002, while under United Nations occupation, Timor-Leste passed a Labour Code that prohibited discrimination in employment on the basis of sexual orientation.
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Until Apr 30, 2002
No protections
Until 2002, there were no protections from discrimination in employment provided to LGBTIQ+ people in Timor-Leste.
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LGBT housing discrimination in Díli

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LGBT housing discrimination in Díli is no protections.

Current status
No protections
There are no protections from discrimination in housing provided to LGBTIQ+ people in Timor-Leste.
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Same-sex adoption in Díli

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Same-sex adoption in Díli is single only.

Current status
Single only
Article 1858 (Who can adopt) of the Civil Code (Law No. 10/2011), states the following:

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..

Intersex infant surgery in Díli

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Intersex infant surgery in Díli is not banned.

Current status
Not banned
Surgery on intersex infants is legal in Timor-Leste but not reported.
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Serving openly in military in Díli

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Serving openly in military in Díli is legal.

Current status
Legal
There are no explicit legal prohibitions against LGBTQ people serving in the Timor Leste Defence Force according to:

-Decree-Law No. 3/2021 that Approves the Regulation of the Military Service Law.
-Decree-Law No. 33/2020 on the Statute of Military Personnel of Timor-Leste Defence Forces.

Regarding the National Police of Timor-Leste, there are three legal provisions that explicitly protect LGB people from discrimination:

-Decree-Law No. 44 /2020 Disciplinary Regulation of the National Police of Timor-Leste.
-Decree-Law No. 69/2022 Professional Statute of personnel with police functions of the National Police of Timor-Leste.
-Decree-Law No. 35/2024 Statute of the Police Officers of the National Police of Timor-Leste.

Blood donations by MSMs in Díli

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Blood donations by MSMs in Díli is legal.

Current status
Legal
Article 3-B(e) of Decree-Law nº 14/2004 on the Exercise of Health Professions, Amended by Decree-Law No. 88/2022, states that the health professional must comply, in particular, with the following professional duties:

"Take care of people without discrimination based on nationality, ancestry, race, territory of origin, age, sex, marital status, sexual orientation, language, religion, political or ideological beliefs, education and economic situation or social status."
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Conversion therapy in Díli

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Conversion therapy in Díli is ambiguous.

Current status
Since Dec 21, 2022
Ambiguous
Article 3-2(o) of Law No. 10/2004 on Health System Law (Amended by Law No. 13/2022), states that the health policy must comply with the access to family planning, reproductive, school, visual, oral and mental health and early diagnosis, without discrimination based on gender identity and sexual orientation.
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Until Dec 20, 2022
Not banned
Until 2022, conversion therapy was legal in Timor-Leste.
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Equal age of consent in Díli

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Equal age of consent in Díli is equal.

Current status
Since May 20, 2002
Equal
According to articles 177 and 178 of the Penal Code, the age of consent is equal regardless of sexual orientation since independence in 2002.
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Dec 7, 1975–May 19, 2002
Unequal
During the Indonesian occupation of Timor-Leste from 1975 to 2002, homosexuality was not recriminalised but Indonesia had an unequal age of consent at 16 for heterosexuals and 18 for homosexuals.
Nov 28, 1975–Dec 6, 1975
Equal
Homosexuality was decriminalised in Timor-Leste upon independence from Portugal in 1975 with no discrepancies in the age of consent until Indonesia’s invasion a week later.
Until Nov 27, 1975
N/A
Until 1975, homosexuality was illegal in Timor-Leste.