Legal Framework
The constitution provides for freedom of conscience, religion, and worship, and specifies, “Religious denominations are separated from the State.” It also prohibits discrimination based on religious beliefs and provides for both the right to conscientious objection and freedom to teach any religion. The constitution protects freedom of religion in the event of a declaration of a state of siege or state of emergency.
There is no official state religion; however, the constitution commends the Catholic Church for its participation in the country’s liberation efforts. A concordat between the government and the Holy See establishes a legal framework for cooperation, grants the Catholic Church autonomy in establishing and running schools, provides tax benefits, safeguards the Church’s historical and cultural heritage, and acknowledges the right of its foreign missionaries to serve in the country.
The law criminalizes religious or racial discrimination. Members of groups organized to incite or encourage discrimination based on race or religion face imprisonment of between four and 12 years. Those who through written or other social communication means spread ideas with the intent to incite racial or religious discrimination or encourage or provoke violence against a person or group of people based on race, color, ethnic origin, or religion may be punished with imprisonment from two to eight years.
Religious organizations that conduct religious services but do not engage in other activities do not need to register with the government and may obtain tax-exempt status from the Ministry of Finance. Religious organizations seeking to open private schools or provide other community services must submit articles of association and other relevant documentation to register as nonprofit corporate bodies through the Ministry of Justice’s National Directorate for Registry and Notary Services (DNRN). The law requires a separate registration with the Ministry of Interior for associations with primarily foreign members, including religious organizations, which must submit their articles of incorporation, proof they have the means to carry out their activities, and the name of a designated representative. To receive a tax identification number, organizations must register first with the Ministry of Justice and then bring that registration to the Service for Registration and Verification of Businesses, the business registration agency. The DNRN then issues a certificate and legally charters the organization.
The Ministry of Education classifies religious study as an elective subject in public schools. Most schools in the country are public, although the Catholic Church also operates private schools. Non-Catholic students may attend Catholic schools. Religious classes are compulsory in private Catholic schools.
A chaplain who is both Catholic and a citizen may serve in the armed forces. The law states, “Foreigners cannot provide religious assistance to the defense and security forces, except in cases of absolute need and urgency.” Foreign citizen missionaries and nonmissionary religious officials are exempt from paying normal residence and visa fees. Visa regulations are the same for all foreign religious workers, regardless of religious affiliation.
The country is a party to the International Covenant on Civil and Political Rights.
Government Practices
Muslim and Protestant religious minority leaders again reported that notaries public rejected marriage and birth certificates from religious organizations other than the Catholic Church when submitted as supporting documentation required by individuals registering for schools and for other official acts. The leaders stated this occurred on an ad hoc rather than systematic basis, and authorities resolved the incidents by addressing them with the notarial office director.
The notary service issued birth certificates to minority religious community members, but not marriage certificates, according to the president of the National Islamic Council. Members of non-Catholic religious groups had the option to marry in a civil ceremony witnessed by a notary public, according to a Ministry of Justice official. Registrations of births and marriages with the government continued to be available, but civil registration rates remained relatively low in comparison to registration for religious certificates. Protestant and Muslim leaders continued to engage the Offices of the President and Prime Minister, as well as parliament, to recognize non-Catholic certificates. In 2020, Minister of Justice Manuel Carceres da Costa presented options to the Council of Ministers to amend the civil code to register all forms of marriages recognized by the law, including those of non-Catholic religious groups. The proposed revisions were pending approval by the Council of Ministers as of year’s end.
Muslim religious leaders continued to express concerns regarding discriminatory practices in civil service hiring. They said some Muslim job candidates whose names might be identified with their religion experienced discrimination during the screening process.
As part of its annual budget, the Office of the Prime Minister allocated $15 million to the Catholic Episcopal Conference of Timor-Leste for distribution among the country’s three Catholic dioceses. Government and church representatives signed the agreement in May. The terms of the concordat with the Holy See governed the allocations. Direct budget allocations to the Catholic Church again caused some tension with non-Catholic religious groups. According to minority religious leaders, the funding significantly favored the Catholic Church, since non-Catholic religious groups needed to apply for funding from a separate government source instead of receiving a dedicated budget allocation. Catholics and other religious groups, along with other organizations, could apply for part of a separate $3 million government fund set aside for civil society organizations during the year.
The Civil Society Support Office under the Prime Minister’s Office implemented several programs disbursed under a two-year (2021-22) grant agreement with ATR-TL for $110,000 to conduct a nondenominational survey of faith-based tourism assets and to promote hospitality and tour guide training for young persons. ATR-TL finalized its strategic plan and established offices in five municipalities. ATR-TL also conducted choir competitions, with participation from all religious groups.
The Civil Society Support Office also provided a $200,000 grant to the Muslim community in October to support their religious activities and education. A Protestant church received $45,000 in grant money to build a church in Manufahi, while a separate Protestant church received more than $40,000 to construct a church in Viqueque.
National holidays include several Catholic and Islamic holidays. On Eid al-Adha, then President Francisco Guterres Lu Olo offered congratulations to the Muslim community and used the opportunity to encourage the Muslim and other religious communities to work together to promote unity, stating “We are one people and one Timor-Leste.”
In May, President Jose Ramos-Horta announced that parliament had adopted the Document on Human Fraternity for World Peace and Living Together as one of its national documents and had added it to the country’s education curriculum. The document is a joint statement signed by Pope Francis and Islamic scholar Sheikh Ahmed al-Tayeb in 2019 to promote peace between Christians and Muslims. In September, President Ramos-Horta, together with Substitute for Secretary of State in the Vatican Archbishop Edgar Pena Parra, inaugurated the Center of Human Fraternity for World Peace and Living Together, in a ceremony at the Presidential Palace.
The government continued to consult religious leaders as part of broader engagement with civil society.