CULTURE AND ITS IMPACT ON SOCIAL & COMMUNITY LIFE

Transcription

1 Policy Brief No. 5 CULTURE AND ITS IMPACT ON SOCIAL & COMMUNITY LIFE A Case Study of Timor-Leste Author: Constantino da C. C. X. Escollano Brandao. Editors: Eunchim Choi; Marilia Oliveira da Costa; Sarah Dewhurst; and Luis Ximenes.

2 About the Early Warning, Early Response program The Early Warning, Early Response (EWER) program is working toward enhanced security and community resilience in Timor-Leste. EWER monitors incidents of violence alongside monthly situational indicators measuring potential or future conflict or violence from the sub-district to the national. 84 trained EWER monitors are currently active in 42 sub-districts throughout the country (with plans to scale up to cover all 65 sub-districts by early 2012). EWER Reports are intended for use by stakeholders such as local and national state actors and ministries, state security forces, international organizations, non-governmental entities, civil society groups, and the public to help prevent and reduce conflict and tensions in Timor-Leste. More information on the program as well as publications to date can be accessed at: About Belun Belun s mission is to empower communities through three key pillars: community capacity development; conflict prevention; and research and policy development in Timor-Leste. Belun is among the largest national non-government organizations in Timor-Leste and holds the most extensive community outreach program across the country. Since its inception in 2004, members of the Belun team have been working across a number of programs to strengthen civil society organizations and provide needed services to communities in all 13 districts of Timor-Leste. The Belun team draws on skills from across the international development sector and maintains a strong partnership with Columbia University s Center for International Conflict Resolution (CICR). The team also holds extensive experience working with both government and non-governmental sectors, providing wellrounded insight and capacity to the organization. Headquartered in Dili, Timor-Leste, Belun compromises a dedicated team of 40 staff, who are strongly supported by a network of 84 voluntary sub-district monitors based around the country. Belun s commitment to serve communities within Timor-Leste, develop partner organizational capacity, reduce tensions and prevent conflict in Timor-Leste remains steadfast. About CICR The Center for International Conflict Resolution (CICR) at Columbia University, headquartered in the city of New York, contributes to the resolution of international deadly conflict through research, education and practice. CICR strives to increase understanding of international conflicts through innovative, collaborative research and is committed to offering courses, fellowships, scholarships and training programs that disseminate knowledge about conflicts and their causes. CICR s efforts focus on participatory processes that increase social capital and engagement in long-term peace processes. CICR encourages the movement towards positive, sustainable peace. Generating creative opportunities, even if they are simply instances, which can help strengthen this process, CICR fosters inclusiveness and creative human development. To learn more, visit Culture and its impact on social & community life Page 2

3 CULTURE AND ITS IMPACT ON SOCIAL AND COMMUNITY LIFE Culture and its impact on social & community life Page 3

4 ACKNOWLEDGEMENTS In 2008, Belun, in cooperation with Columbia University s Center for Conflict Resolution (CICR), established the Early Warning and Response System (EWER) in Timor-Leste. EWER is designed to increase early responses to conflict and prevent the escalation of violence at the national and community level. Belun would like to express its sincere appreciation to those who have generously given of their time and resources to participate in this research. Without such widespread support, it would not have been possible to gather the information and ideas set forth in this policy brief. Belun also thanks all partners at the national and district levels for their cooperation and dedication to the issue of preventing violence in Timor-Leste. Belun would also like to extend gratitude to the PNTL (Police) and a number of departments in the Government for their support in providing access to national crime statistics. Access to external data sources enables EWER to verify its own monitoring data and thus present a more accurate and credible report. The EWER system is supported by the Government of Ireland s Department of Foreign Affairs through the Conflict Resolution Unit, and Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ - the German Company for International Corporation) s Peace Fund through the Ministry of Youth and Sport. Belun asserts that it is the sole author of this report and that the ideas, opinions and commentary contained within are not intended to reflect or represent those of the Government of Ireland, GIZ and the Government of Timor-Leste. Culture and its impact on social & community life Page 4

5 CONTENTS ACKNOWLEDGEMENTS... 4 EXECUTIVE SUMMARY... 6 RECOMMENDATIONS... 8 INTRODUCTION METHODOLOGY AN INTRODUCTION TO THE CULTURE AND CUSTOMS OF TIMOR-LESTE CULTURE: IMPLICATIONS AND IMPACTS Culture and Community Life The Economic Implications of Culture The Social Implications of Culture The Role of Culture in Peace Building Culture and Conflict CONCLUSION BIBLIOGRAPHY ANNEX: EWER METHODOLOGY Culture and its impact on social & community life Page 5

6 EXECUTIVE SUMMARY Culture and customs are at the center of the social order in Timorese communities. Even with a modest population of one million people, a variety of ethno-linguistic groups co-exist within the nation, each speaking a unique local language and adhering to customs originating from animistic belief systems that have been passed down since ancient times. Throughout the history of foreign occupation and into present times, culture has offered an abiding source of identity and stability for the Timorese people, even though a strong sense of state-based national identity is still evolving in this young nation. Despite the variety of traditions and practices in existence, the system of fetosaa-umane is common to all ethno-linguistic groups. Upon marriage, the husband s family (fetosaa) and the wife s family (umane) are bound together in a life-long partnership that requires them to provide mutual support for all important events and ceremonies such as births, marriages and funerals. Requirements for ceremonial transactions on such occasions are prescribed by the uma lisan (houses of tradition) of the husband and wife. While the fetosaa-umane system is the backbone of Timorese society and is intended to strengthen unity between families, thus promoting harmony and social cohesion, this research was conducted in order to explore concerns raised through monitoring data gathered through the Early Warning and Early Response (EWER) program which indicated that certain cultural practices may be indirectly contributing to inter-familial and communal conflict in Timor-Leste. 1 Through the course of this research, accounts from community members and leaders confirmed that certain customs can heighten tensions within the family and become contributing factors to conflict due to excessive financial pressures that must be borne by family members. The economic and social impact of ceremonial costs is often far-reaching, perpetuating problems such as gender inequality, domestic violence, food insecurity, chronic economic deprivation and the limiting of educational opportunities for the future generation. Notwithstanding such challenges, this report presents the dominant finding that culture and traditional practices continue to represent the primary means of conflict resolution and peace building in most Timorese communities. Traditional justice is administered through the interpretation and application of cultural norms and values upheld in each ethno-linguistic group. Public peace agreements reached through ceremonies such as Nahe biti bo ot (negotiations that take place on a woven mat), Juramentu (the drinking of a mixture of blood from an animal sacrifice and traditional palm wine to seal an agreement) and Tara bandu (the hanging of culturally significant items from a wooden shaft to place a ban on certain agricultural or social activities within a given area), continue to serve as effective means of dispute resolution. These traditional social mechanisms will necessarily play a significant and far-reaching role in Timorese communities for years to come; particularly because the resources and capacity of state institutions, particularly the formal justice system, remain beyond the reach of many communities, especially those who dwell beyond the confines of the capital city. 1 The Early Warning, Early Response (EWER) program monitors 63 indicators of situational change and incidents of violence, currently in 42 sub-districts of Timor-Leste. For further information on the EWER methodology, please refer to the Annex. Culture and its impact on social & community life Page 6

7 This report also highlights existing concerns regarding some of the negative impacts of cultural practices, which have been expressed by community leaders and members alike in all districts. Any public forums initiated to discuss these issues should engage all relevant actors at the national and local levels. Dialogue and public debate on the theme of culture and customs should aim to preserve the spirit and values represented by customs unique to each cultural group, as a way to enhance local and national identity. In the meantime, options should be sought to minimize the diversion of excessive portions of scarce financial resources towards ceremonies and familial exchanges that could otherwise be utilized to meet the basic developmental needs of Timorese citizens. In particular, greater resources should be allocated to provide young men and women with educational opportunities and increase their access to vocational training. In order to alleviate concerns that the cultural practices of marital dowry lead to the perception that wives are considered the property of the husband, efforts could be made by community elders and lia nain (traditional elders) to make a strong campaign to promote the value and rights of women and the need to respect them. Through such approaches, discussions around the true values of Timorese culture could serve as a source of dialogue against the practice of domestic violence. In addition, the social impact of culture and customs on youth, particularly the practice of marital barlake (dowry or bride price) and its influence on the lives of young people who often find themselves unable to enter into marriage publicly due to their lack of financial means, should be explored in greater depth. It appears that this strong and valuable culture of co-dependence offers great potential to form the basis for cooperatively-run micro-enterprises and initiatives that can help improve the overall well-being of communities. Overall, it is hoped that cultural practices existing in Timor-Leste can preserve their legitimacy and importance as a positive force for social cohesion, respect and harmony within this modern democratic state, while also encouraging families to invest in the health, education and developmental opportunities of their members. Culture and its impact on social & community life Page 7

8 RECOMMENDATIONS Based on the findings of this research, the EWER program presents the following recommendations to relevant stakeholders. To the Government: The Ministry of Justice, in cooperation with the Secretariat of State for Culture, should prepare a law to limit the maximum amount of goods that may be given and received for barlake (inter-familial exchanges). Legislation should be prepared on the basis of public consultations held in communities throughout the territory on fetosaa umane that identify the advantages and disadvantages associated with cultural practices. The Secretariat of State for Culture could allocate financial resources to support the establishment of cultural centers (sanggar budaya) and museums in all districts to enable communities to preserve and promote their own cultures. This will enable outsiders to learn about the cultures from each district, and also provide shared spaces where specific symbols or attributes from each ethno-linguistic group s lisan (tradition) can be housed. In addition, Secretariat staff should be deployed to these centers to observe cultural practices and produce information materials that can be recorded and archived for public information. The Ministry of Tourism, Commerce and Industry and the Secretariat of State for Culture should promote cultural tourism, in collaboration with local governments. Information on the different types of ceremonies and feasts and the seasons in which they occur (such as the Metchi-Me - harvesting of marine worms) in Lautem in March, and the Saw-batar (harvesting of corn or maize for ritual sacrifices) in Suai in April should be compiled and published. Mechanisms to ensure that the revenue generated through cultural tourism can directly benefit local communities, instead of being diverted to private or state-run tourism initiatives, should be established and monitored closely. The Secretariat of State for Culture should select advisors amongst the lia nain from all 13 districts to advise on various social, political and economic matters aimed at promoting community-based conflict prevention and peace building through local cultural perspectives. The Secretariat of State for Culture should allocate grants and materials for the production and broadcasting of cultural programs by Televisão Timor-Leste (TVTL) and Casa Produção Audiovisual (CPA) as well as radio stations. The Ministry of Education should produce materials on cultures in Timor-Leste to be included in the curriculum for all levels of school education. Students may thus become familiar with their own cultures including any advantages and disadvantages, impacts on the socio-economic aspects of family and community life, and how certain cultural values, such as those pertaining to women may be inconsistent with universal human rights principles. Students should also be given opportunities to learn traditional music and dance through extra-curricular school programs. In addition, research on the cultural history of Timor-Leste may be commissioned and resulting information collected and made available in public libraries and research facilities, as well as through school curricula. The Ministry of Infrastructure and Public Works should consult with local authorities in areas where infrastructural projects (such as widening of roads, installation of power plants, oil and gas processing centers) are to be implemented. Given cultural sensitivities associated with any developmental projects that will impact the natural environment, consideration should be given to enable the hosting of cultural Culture and its impact on social & community life Page 8

9 ceremonies so as to dispel concerns that negative consequences may be suffered by nearby communities in the future. Cultural programs similar to those prepared by the Ministry of Trade, Commerce and Industry, the Secretariat of State for Culture and the Secretariat of State for Youth and Sports, such as the 2011 Ramelau Festival, should be implemented in other areas giving those who do not have the means to attend events in other districts the opportunity to celebrate their own culture in their own areas. To the National Parliament: The National Parliament should debate and approve legislation for regulating cultural ceremonies to minimize the negative impacts of culture on families and communities, based on the draft prepared by the Government through public consultations. The Parliament may also organize public hearings involving experts and other relevant stakeholders including community leaders, lia-nain, women s groups and youth groups. To the Government, the Secretariat of State for Culture, NGOs and International Donors: Organizations should support communities to build or renovate uma lisan and uma lulik which have been burned or destroyed either during the Portuguese and Indonesian occupations or during violence in the post-independence period. Government focal points on cultural affairs should be assigned to all 13 districts to support such initiatives to restore and preserve cultural sites and artifacts. Organizations should support programs aimed at building capacity amongst youth to engage in cultural activities such as traditional music, theatre and tebe-tebe (traditional dance), and provide funding and other resources to youth centers and other youth organizations to enable such activities. To Entertainment Groups: Entertainment groups should utilize cultural attributes and symbols as well as other cultural objects such as bidu (traditional music), tebedai or likurai (traditional drums) at important events, rather than using, overwhelmingly, other types of music and dance acquired and practiced during the colonial period. To Civil Society: Civil society should conduct more in-depth research on cultural systems and history in Timor-Leste, so as to make public information on culture readily available and accessible. In addition, further research should be conducted on the linkages between human rights principles and traditional justice systems, as well as the effectiveness and staying-power of traditional conflict resolution methods. To Lia Nain (traditional elders) and Community Leaders: Community elders and leaders should prepare a transcription of traditional laws in each ethno-linguistic group in order to preserve culture and traditions and also to utilize the opportunity to facilitate communitylevel discussions and reach agreements to regulate barlake and other costs related to cultural ceremonies. The successful experience of communities in Oe-cusse district (Passabe sub-district), where university students have designed and implemented such an initiative, should be shared with other communities throughout the nation. Community elders and leaders should strengthen the uma lisan (traditional house) in the sucos (villages) to value the traditions inherited from the ancestors and increase awareness amongst community members. Culture and its impact on social & community life Page 9

10 Community elders and leaders should work together to minimize the monetary value of barlake exchange and resources spent on celebrations for all significant events in the fetosaa umane system. Exchanges of symbolic artifacts may often be sufficient to preserve the value and spirit of interdependence and mutual support between families without the placing of excessive financial burdens on family members. Fines charged to families exceeding recommended limits could be directed towards initiatives for community development. Community elders and leaders could apply changes to the timing of various annual ceremonies. Instead of being held each year and draining the financial revenue gained by families after harvest season, ceremonies could be held after longer intervals to enable time for saving and investment. Initiatives to pool community resources and conduct a majority of the commemorative ceremonies on a common day (or few days) within the year may enable families to reserve resources to meet their socio-economic needs. Additionally, borrowing from experiences of other Asian countries, the Government could consider funding collective marriage ceremonies throughout the nation on a designated day each year to encourage couples to save costs associated with wedding festivities. Community elders leaders should establish traditional councils at the sub-district level, consisting of lia nain from each suco. These structures could help preserve and further develop cultural systems in each community and stimulate discussions on the advantages and disadvantages of existing cultural practices, with a view to making improvements where relevant and possible. Belun and the Center for International Conflict Resolution (CICR) Response: In response to the findings of this Policy Brief, Belun and CICR will also endeavor to take the following steps: Distribute the results of this policy brief and open discussions with a wide range of stakeholders, including the Government, especially the Secretariat of State for Culture, the Ministry of Tourism, Commerce and Industry, the National Parliament, media, civil society, international and national NGOs, development partners and community leaders. Host a seminar focused on this topic in order to disseminate and facilitate public discussion on the results of this research, promote public awareness on this issue and form relationships with relevant state actors to follow up on recommendations. Present and discuss results of the research with EWER Conflict Prevention and Response Networks (CPRNs), which exist at the sub-district level in 42 sub-districts and convene regularly with the objective of discussing matters pertinent to the prevention of conflict and peace building in communities. CPRNs can discuss the findings of this research, provide feedback and comments, and prepare community-level Actions Plans for implementing interventions aimed at realizing the recommendations in this report. Such actions could address the need to complement traditional justice systems with alternative dispute resolution methods in cases where the former are not found to be fully effective. Culture and its impact on social & community life Page 10

11 INTRODUCTION Despite the legacy of colonial rule and the recent transition into modern democratic statehood in 2002, Timorese communities have retained a distinct sense of identity based on their deeply-rooted culture and traditions. There is broad awareness that numerous ethno-linguistic groups make up Timor-Leste s rich and diverse populace, each with differing cultural practices and traditions. 2 However, some local studies have argued that the inherent commonalities between customs are more pertinent to the social fabric of Timorese culture than some of the observable differences. 3 Amongst these commonalities and central to the structure of Timorese society are those customs established through fetosaa (wife-receiver, meaning the husband s family) umane (wife giver, meaning the wife s family) relations. Fetosaa umane represents a system of inter-familial exchanges and relationships established through the marriage of individuals from two family groups. Regulating major rites of passage such as birth, marriage and death, it can be said that fetosaa-umane relations effectively dictate the norms of family and social life in Timorese communities. Several previous studies focusing on the cultural practices conducted in Timor-Leste have partially explored fetosaa-umane and its impact on community life, but few of these studies have been produced by Timorese nationals. The majority of existing studies have focused primarily on the use of barlake with specific reference to the exchange of goods carried out in association with marriage ceremonies. 4 These studies have noted that the practice of requesting a dowry as a bride-price, a dominant cultural practice observed by many ethnic groups within Timor-Leste, has the potential to create perceptions of ownership by a man over his wife. It is argued that such perceptions have been used as justifications for the perpetuation of inequality in gender roles, at times leading to gender-based violence. The general view taken by this body of work is that certain aspects of human rights discourse, especially those pertaining to women s rights, are incompatible with Timorese culture and traditions, specifically in the construction of gender roles and in the custom of barlake when applied in relation to marriage. 5 While these findings are of great value, marital barlake is but one portion of the larger system of fetosaaumane. This policy brief, therefore, aims to present a more comprehensive understanding of the fetosaaumane system and its impact on community life. This research not only examines the various types of cultural practices under the fetosaa-umane system that currently exist in Timor-Leste, but also analyzes their impact on community life. It identifies the ways in which culture serves as a rich resource for peace building, while at the same time noting that, if left 2 Fifteen ethno-linguistic groups and up to 35 different dialects are known to exist in Timor-Leste, according to Muggah, Robert (ed.) (2010). Urban Violence in an Urban Village: A Case Study of Dili, Timor-Leste. Geneva: Geneva Declaration Secretariat, p. 18. Another report states that nineteen living languages and one extinct language are found in Timor-Leste (Lewis, M. Paul (ed.) (2009). Ethnologue: Languages of the World: Sixteenth edition. Dallas, Tex.: SIL International). 3 Trindade, José Josh (2008). Reconciling the Conflicting Paradigms: An East Timorese Vision of the Ideal State, in David Mearns with S. Farram (eds.), Democratic Governance in Timor-Leste: Reconciling the Local and the National. Darwin: Charles Darwin University, p Barlake is a term that refers to all traditional exchanges of goods between families connected by married couples, particularly at significant ceremonies such as births, weddings and funerals 5 Allden, Susan (2007). Internalising the Culture of Human Rights: Securing Women s Rights in Post-Conflict East Timor. Asia- Pacific Journal on Human Rights and the Law, Volume 8, Issue 1, p. 1. Culture and its impact on social & community life Page 11

12 unaltered, culture may become an indirect source of tension and conflict. In particular, the role of culture and customs in both preventing and instigating conflict will be examined in detail. It is hoped that the research findings herein can be drawn upon by Timor-Leste s Government and civil society to deepen their understanding of the links between cultural obligations and their potential to place additional stress on interfamily relationships and increase potential for conflict. Moreover, it is anticipated that this policy brief illustrates the ways in which cultures that exist in Timor can be drawn upon prudently to build sustainable peace. METHODOLOGY Aware of the diversity and variety of cultural practices in Timorese communities, Belun initiated this research in order to explore the details of such practices and their impact on social and community life, and in particular their potential to become contributing factors towards interfamilial and communal conflict. This research adopted a qualitative methodology and was conducted through the collection of information based on interviews and focus group discussions conducted across the territory. As such it should be noted that while a diverse range of participants were consulted for the purposes of this research, this policy brief is not derived from a comprehensive, quantitative survey or investigation into how cultural practices or interfamilial exchanges may have been direct contributing factors into certain incidents of violence. Rather, the qualitative approach that was employed in the collection and analysis of data, invited interviewees and focus group participants to share their experiences, perceptions and observations on how local customs can prevent or contribute to conflict. This approach was deemed appropriate for assessing a wide spectrum of factors linking cultural practices to conflict, holistically examining sociocultural aspects of community life in Timor-Leste. The objectives and scope of the research were thus clearly explained to all participants in order to ensure realistic expectations as to who would have access to the outcomes of the research and how these would be used. Beginning in November 2010, initial interviews conducted were more focused on confirming those violent incidents reported by EWER monitors in identified sub-districts. Further interviews and focus groups were not conducted until June These took place in all 13 districts of Timor-Leste (including Atauro Island), and included targeted consultations with relevant government departments, in particular the Secretariat of State for Culture, village elders, lia-nain (traditional elders), and catequistas (teachers of the Catholic Catechism). Focus group discussions were also held with suco council members and community groups involved in the various socio-cultural aspects of community life. A total of 57 persons (F = 21, M = 36) were interviewed, and 168 persons participated in the Focus Groups (F = 53, M = 115). 6 6 A full list of the interviews and focus groups can be made available upon request, though not all names will be disclosed as some interviewees requested to remain anonymous. Culture and its impact on social & community life Page 12

13 AN INTRODUCTION TO THE CULTURE AND CUSTOMS OF TIMOR-LESTE Anthropologists and sociologists have provided numerous definitions of culture. According to one commonly acknowledged definition, culture can be seen as that complex whole which includes knowledge, belief, art, law, morals, custom, and any other capabilities and habits acquired by man as a member of society. 7 Another definition of culture is the totality of learned, socially transmitted customs, knowledge, material objects, and behavior, including the ideas, values, customs, and artifacts of groups of people. 8 Customs are understood as a component of culture, referring to long-established practices that are followed by people belonging to a particular group, region or affiliation. Culture and customs can change when significant external or internal factors affect cultural groups, as well as through interaction with other cultures. The Timorese culture is largely based on animistic beliefs. The different types of culture that exist in Timor-Leste can be classified according to three principal animistic elements: Na i-tasi / Dewa Laut / Deus do Mar / God of the Sea: belief in the sea and its inhabitants such as fish, crocodiles, turtles, octopus, sharks, and other creatures; 9 Na i-raiklaran / Dewa Bumi / Deus de Terra / God of the Earth: belief in the earth and natural resources such as stones, mountains, land, wells, trees and bamboo, banyan trees, and animals (such as geckos, crows, snakes); and Na i-lalehan / Dewa Langit / Deus de Céu / God of the Sky: belief in the sky and its components such as planets, the sun, the moon and stars. These three principal elements are creations of the Aman Maromak (Father God), whom the people and the uma lisan (traditional houses of each clan) believe in, pray to, and offer thanks. Regarding the customs of fetosaa-umane, these three elements serve as the principal pillars of belief that guide each lisan (tradition), in order to ensure respect amongst community members and promote social harmony. Each uma lisan prays according to their belief in the elements mentioned above. It is important that they adhere to the commandments that regulate and maintain relationships both amongst humans and between humans and nature, and strengthen the relationship between humans and God. While customs such as the fetosaa umane system are created by humans and thus changes can be made in their administration, the fundamental belief in Na I / Dewa / Deus / God cannot be changed, as it forms the foundation of the uma lisan. These sacred houses are regarded as a dwelling place of the ancestors and altars of worship unto them. Objects consecrated within them such as kaibauk (traditional decorations to be worn on the head made with gold and silver), belak (traditional objects made of silver and gold), morten (necklaces), tais (fabric), surik (sword), babadok (drums), tambor (big drums), bandeira (flag) and rota (a pole that symbolizes 7 Tylor, Edward Burnett (1871). Primitive Culture: Researches into the Development of Mythology, Philosophy, Religion, Language, Art and Custom (V. 1). Ithaca: Cornell University Library, October 2009, p Schaeffer, Richard T. (2006). Sociology: A Brief Introduction (6 th ed.). Boston: McGraw-Hill, p For example, in Atauro, some uma lisan revere turtles and sharks (uma lisan Tutun Noupun, uma lisan Hatuh Dhalas and uma lisan Rumah Maru). The Atauro community believes in them because according to myths, the ancestors of the community originated from the animals mentioned above. Culture and its impact on social & community life Page 13

14 governing authority) are considered important elements that signify symbolic values (of peace and love) in the community. People also believe in and pray to the statues of the ancestors and their graves. In Fataluku (the language of the people in Lospalos, Lautem District), this practice is known as Ete-Uru ha a. In Timor-Leste, customs of fetosaa umane differ from one sub-district to another. Oftentimes, differences are found even between two sucos. The system regulates various aspects of family life in two large groupings: lia moris (traditions of life), which deal with engagements, marriages and other associated events; and lia mate (traditions of death), which deal with funerals, burials and related events. Marital practices under lia moris, which are an integral part of the fetosaa umane system, can be classified into the following three systems: The kaben-tama system: a system in which the husband does not pay marital barlake (dowry or bride price) to the wife; The kaben-sai system: a system in which the husband has to pay marital barlake to the wife; and The kaben-mistura (mixed) system: a system that applies in modernized settings when men and women from different houses of traditions are getting married and new compromises are reached. These three systems of marriage result in different interpretations and applications of the marital barlake (interfamilial goods exchange at significant life events) system. For instance, some ethnic groups recognize marital barlake as folin (literal translation: price ), others call it bee manas aitukan (literal translation: hot water and firewood ), while some others, for example in the Fataluku speaking groups, use a name derived from their own local language such as lipal-valahana (barlake ceremony). Different applications of these marriage systems will be examined in the following section as well as in an appendix to this report which will describe the details of local customs from each ethno-linguistic group. Such references will allow readers to better comprehend the different systems in existence. Ceremonies associated with death (lia-mate) such as funerals, burials and events that honor and commemorate the deceased also require contributions from the fetosaa and umane. Lia-mate is applied in different forms in each marriage system (kaben-tama, kaben-sai and kaben-mistura), with different proportions for contributions assigned to the two families. The social norms of Fetosaa-Umane Fetosaa umane promotes peace and solidarity through establishing relationships between intermarried families. For instance, the barlake system serves as a guideline for marriage between the husband and wife so that they will only get married once in a lifetime. Research respondents acknowledged that the system provided a strong moral and social code encouraging respect and commitment between couples, supported by their respective families. Respondents feared that without such a system, it would be easier for couples to divorce and live without appropriate behavioral boundaries. Too much freedom could reportedly create greater tension and become a potential source of conflict in communities. The traditional marriage system thus regulates family relationships, promoting social recognition of the responsibilities taken on by couples entering into a marital relationship. In addition, the fetosaa umane system establishes linkages between different generations, passing on a distinct family identity and the traditions of a clan (uma lisan) to the next generation. The goods exchanged through the barlake system are to be valued by both families from generation to generation; traditionally, objects of exchange had more cultural and symbolic value rather than monetary worth. Also, Culture and its impact on social & community life Page 14

15 fetosaa umane fosters collaboration between family groups for the purpose of working together on community projects such as building sacred houses (uma lisan or uma adat), suco offices and chapels, as well as doing agricultural work in the corn or rice fields (known as gotong royong). In sum, the significance of culture and customs in Timor-Leste is that they promote mutual respect and trust through the establishment of social norms that are commonly understood and accepted. In addition, traditions will be passed on from one generation to another, instilling a sense of identity for community members and fostering linkages between generations. Culture and its impact on social & community life Page 15

16 CULTURE: IMPLICATIONS AND IMPACTS Culture and Community Life Culture and customs exist in societies to provide guidelines for conduct and raise a standard to be upheld in communities. Despite the introduction of new religious beliefs, traditional cultural values remain important to Timorese communities. 10 Traditions such as Tara-bandu (banning harmful agricultural or social practices such as the cutting of trees, burning of land or conflict between communities in a certain area, through a public ceremony) reinforce mutual respect among community members and for God s creation. Similarly, inter-family responsibilities established through fetosaa umane ensure that family members provide for, and take care of one another. In the fetosaa umane system, traditions are classified into the lia-mate (ceremonies relating to the deceased, such as funerals, burials, maintaining and renovating graveyards) and lia-moris (ceremonies relating to the living such as marriages and anniversaries). There is great diversity in traditions according to ethno-linguistic groups, and sometimes differences are found even between neighboring sub-districts and sucos. 11 In this section, several examples depicting the practices of lia-moris and lia-mate in the three different marriage systems (kaben-tama, kaben-sai and kaben-mistura) introduced in the previous section will be explained. Lia-moris and lia-mate in the kaben-tama system The kaben-tama system is practiced by ethno-linguistic groups that speak Tetum-terik (in Suai, several areas in Same and Viqueque), Galolen (certain areas of Manatuto), and Bunak (parts of Maliana, Suai, and Ainaro). In this system, no barlake is paid but a symbolic exchange of goods takes place to honor the uma lisan of the wife s family (umane). Upon marriage, the husband leaves his own uma lisan and joins the wife s family. In general, the families of the husband and wife bear an equal responsibility in contributing to cultural ceremonies, the results of which are intended to benefit both households. The amount and number of goods to be provided depends on the capacity of each individual and family to provide for its members. The phrase iha tutun han iha dikin (we eat what we have) represents the common understanding that applies to such transactions. Barlake in the kaben-tama system is often called bee manas ai-tukan (direct translation: hot water and firewood). Some examples of ceremonies under the lia-mate include dressing in black when a family member passes away, at funerals and burials, the feeding of the matebian (souls of the deceased) on finadu (All Souls Day) on 2 nd November, and during the transitory period beginning at the end of a year and extending into the new year. 10 Most dominantly, the doctrines of Catholicism arrived with Portuguese traders and missionaries in the early 16th century. 11 Belun has gathered comprehensive data from all 13 districts (including Atauro Island) on their cultural practices and will make the information available through an additional appendix to this report. Culture and its impact on social & community life Page 16

17 Lia-moris and lia-mate in the kaben-sai system The kaben-sai system is the most widespread system of matrimonial customs in Timor-Leste, prevalent amongst all ethno-linguistic groups in Baucau, Viqueque and Lautem, the Mambae-speaking groups (Aileu, Ainaro, Ermera, Same), Kemak (parts of Ermera and Bobonaro), Baikeno (parts of Oe-cusse), and also certain groups in Atauro. In this system, upon marriage the wife enters into the husband s uma lisan (clan). Barlake is paid by the husband s family to the wife s family, the amount of which differs according to each ethno-linguistic group. Marriage rituals according to the lia-moris in this system include the proposal, traditional marriage ceremony and a church wedding. Barlake is paid when traditional marriage occurs, but the amount and number of goods offered to the bride s family varies according to cultural groups. In the Fatalukuspeaking community in Lospalos, barlake is represented by the Ete-kuru no Lau-kuru Ara (a traditional wooden object with seven holes representing the fetosaa and another seven holes representing the umane) and the value is equivalent to 77 buffalos for high-class families. 12 Though the value requested for families of a lower social class is lower. In the Kemak-speaking communities in Bobonaro and Ermera districts, the husband s family pays dowry to the wife s family which includes items such as horses, buffalos, belak (traditional objects made of either gold or silver), morten (traditional necklaces made of stone), gold, or, in some cases, the equivalent value of such items paid in cash. In other cultural groups, the amount or number of goods to be paid depends on the husband s financial status. For the Mambae, Bunak and Terik-speaking groups which follow the kaben-tama marriage system, barlake is known as bee manas aitukan (hot water and firewood). Goods are offered to the wife s family as a symbol of respect towards their uma lisan, and such items are not considered to constitute folin (price). For the Mambae-speaking group in Same, the amount of barlake again depends on the husband s ability to pay. The practice of barlake is not intended to imply that women are viewed to be goods or objects for sale, but is a symbolic gesture of respect towards the uma lisan of the wife. As for practices under the lia-mate, contributions are required when a family member has passed away in order to fund the costs for the funeral gathering and burial ceremony. Two examples can be found in the customs of the Fataluku-speaking groups in Lautem and the Mambae-speaking groups in Ainaro. The Fataluku rituals are called Mani-Me (acquiring the neck of the deceased, which is symbolized by paying a price to purchase the neck of a buffalo) and Hikari-Me (acquiring of a knife, which symbolically prohibits the passing on of bad influences on to future generations). The Mambae groups practice the custom of Sosa mate isin (buying the body of the deceased), which refers to the symbolic purchase of the parts of a buffalo such as the kakorok (neck), tilun ruin (ears) and kotuk-laran (backbone). In the Makasae-speaking communities in Ossu, Viqueque, the Liurai-Molu ritual is practiced as a funeral ceremony. Lia-moris and lia-mate in the kaben-mistura system The kaben-mistura (mixed marriage) system developed during the periods of Portuguese and Indonesian occupations and has recently become more commonly practiced, particularly in urban centers. This system has evolved in tandem with the processes of economic development, socio-political modernization and increasing migration of rural populations to urban areas. Different ethno-linguistic 12 The price of a buffalo ranges between US$150 - $500, depending on age and size. The group of 77 buffalos for barlake in Lospalos is likely to be a mix of different types (male, female, full-grown and young) and the entire monetary value of the payment would vary according to the composition. Culture and its impact on social & community life Page 17

18 groups have come to settle alongside one another in close quarters in towns and cities, and thus marriages between individuals from different ethno-linguistic backgrounds are ever increasing. The kaben-mistura system also applies when Timorese decide to marry foreigners, which is happening ever more frequently, especially as the number of foreign workers has increased since independence. However such arrangements have been occurring since the Portuguese colonial period when Portuguese men living for extended periods of time in the country often married Timorese women. It is common in the kaben-mistura system that the husband s family would follow the traditions of the wife s family for proposal and marriage, or work out ways in which both cultures can be equally represented. Under the kaben-mistura system, the fetosaa and umane families need to reach an agreement on how goods should be exchanged. Some families are less interested in following strict customs due to their preference to direct financial resources to meet different needs, but other families would decide to conduct barlake according to the wife s culture. For example in Lospalos, should a man decide to marry a woman from a different district or even a foreigner, the customs that apply for the marriage process would depend on the preferences of the wife s family. In the case of most inter-district and inter-cultural marriages, a compromise would be reached to accommodate both cultures represented by the husband and the wife and the amount for barlake is negotiated accordingly. In the event of the death of a family member (lia-mate), a similar procedure would take place. In general it is advisable to follow the customs of the family that has lost a blood relative. For example, if the wife s mother passes away, the husband s family could follow the customs of the wife s uma-lisan. However, there are no obligations that are pre-determined and decisions are made following negotiations based on mutual understanding. The Economic Implications of Culture This research has shown that fetosaa umane relations are incredibly beneficial for the economic life of the community, as families come together for joint labor such as work in the rice fields or the building of houses. The barlake system is meant to offer a means of sharing one family s resources with another through the exchange of livestock and other material goods. Yet it also forms an integral and inherent social support system between families, particularly as additional resources are required when family members pass through significant milestones in their lives. While the requirements can sometimes be challenging for the families that are obligated to provide support, it is often greatly appreciated by the recipient family. However, interviews and focus group discussions in all 13 districts revealed that in reality, fetosaa umane obligations can often place excessive economic burdens on families, depriving them of opportunities to allocate resources for improvement of their livelihoods. Certain characteristics illustrate this point. While both the husband s and wife s families are required to contribute financial and material goods for ceremonies under lia-moris and lia-mate, in most cases the greater burden falls on the fetosaa (husband s family); marital barlake is a clear example of this. Although in some ethno-linguistic groups the amount may be defined in proportion to the husband s financial ability, in most cultures under the kaben-sai system, excessive fixed amounts have been set. Culture and its impact on social & community life Page 18

19 Examples include the 77 buffalos of the Fataluku-speaking groups in Lospalos, and the amount of US$ 2,500 US$ 5,000 in barlake or golden and silver belaks for the Mambae and Kemak speaking groups. If the mane foun (son-in-law, husband) is incapable of paying the entire amount of the barlake, he will often request the help of his family members in this regard. In some cases the mane foun will pay the dowry in small installments over a long period of time. Alternatively he will be required to live in the wife s uma lisan instead, working in the rice or corn fields until he is able to make the full payment after which he is able to take his wife and children to his own uma lisan. Thus, even after marriage, much of the household income is directed towards paying the debt of barlake and the husband and wife will often lack much-needed funding to accommodate the needs of a new and growing family. In addition to this imbalance, perhaps the most significant disadvantage of the interfamily exchanges is that a large portion of contributions are used for the purchase of consumable goods. In particular, large amounts of food and alcohol are expected when hosting cultural ceremonies. The extravagance of celebrations contributes to the measure of the social status of the family. Such pressures have strong negative impacts on the economic livelihood of both families as the hosting families and their extended relations must bear the ceremonial costs. Expenditures incurred regularly rise to far exceed the Women perform a traditional dance during a cultural ceremony in Laga sub-district capacity of the average family income and family members frequently become heavily indebted to friends and relatives. In addition, the opportunity cost of spending several days hosting festivities is the loss of time that could be spent investing in developmental activities (such as agricultural work or improvements in housing quality). Even in regions where people have access to greater income, such as in Ermera where coffee farmers experience a sudden increase in income following the coffee harvest, interviews with community members confirmed that financial resources are exhausted by cultural ceremonies. It was revealed that families usually wait until the end of the coffee harvest so that they have enough money to host marriage celebrations. After the event, families are left with little means of sustenance. Economic capital that could have been utilized to meet the needs of the family such as education for children, adequate housing and treatment for the sick has been used for other purposes. Such challenges do not go unnoticed. Community leaders in suco councils as well as lia nain acknowledge that while it is important to preserve culture and customs, they should not be practiced at the expense of ignoring the economic and developmental needs of households. Cultural practices are unlikely to be eliminated completely, but ways to preserve the spirit and significance behind each practice while alleviating families from excessive financial and material obligations may be sought. Culture and its impact on social & community life Page 19

20 In addition, it was suggested by interviewees that in the future, culture and customs could come to contribute to the local economy through the promotion of tourism. Ceremonies have the potential to attract tourists who are interested in participating in cultural experiences in Timor-Leste. Examples include the Saw-Batar (eating young corn) in Covalima after the corn harvest and sama hare (ceremonies for processing rice after the harvest) which take place in many areas under different names including Mua Masule and Leule e in Lautem, Sau ku in the Makasae community of Ossu, Viqueque, and Salala/Liloi in other Makasae communities. The Social Implications of Culture Culture and customs under the fetosaa umane system are intended to promote social cohesion by binding families together in lifelong partnership. It is the foundation of social life in many Timorese communities and the source of core communal and moral values. It builds bridges from one generation to another as values and traditions under each uma lisan are passed on, instilling a sense of social identity to the members of the clan. Significant social events such as births, marriages, anniversaries and funerals are celebrated by the fetosaa and umane, and, in addition to strengthening family unity, such occasions provide opportunities to engage and interact with other members of community. Even with the practice of barlake, although such obligations placed on the fetosaa have many negative economic implications as discussed in the previous section, when a husband is economically incapable of giving the goods required by the wife s family, sometimes the entire community comes together to make the contributions (in addition to his own family). This fosters a sense of cooperation and mutual indebtedness amongst community members, creating a strong sense of social cohesion. In addition, the indebted husband will often voluntarily contribute his labor to meet the needs of family and community members as an expression of his gratitude. Implications for gender roles Despite such positive influences, customs under fetosaa umane have been frequently criticized by human rights activists and feminist scholars because traditional practices are seen to perpetuate discrimination against women and place them in a disadvantageous position. Most of these criticisms are centered on barlake when practiced as a dowry or bride-price in marital ceremonies. The 2007 Official Report submitted by the Government of Timor-Leste to the United Nations Committee on the Elimination of Discrimination Against All Women (CEDAW) includes a section on barlake where it is stated that women activists claim bride price is the root of discrimination and inequality whilst elders assert it gives value to the women, and that once barlake is paid women are seen as the property of the husband. 13 Accordingly, the lia nain interviewed during this research reiterated that it is wrong to view women as goods that can be sold and bought for a price, and that barlake is meant to respect and uphold the dignity of women. However, in the kaben-sai system, when a woman marries she enters into the husband s uma lisan and is no longer entitled to certain rights. This is especially true in the case of inheritance. As part of the traditions of many ethno-linguistic groups, once a woman has married she is no longer entitled to 13 UN Committee on the Elimination of Discrimination against Women (CEDAW) (2008). Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women : initial periodic report of States parties: Timor-Leste, 24 November 2008 (CEDAW/C/TLS/1). Culture and its impact on social & community life Page 20

21 receive inheritance from her own parents, and when the husband passes away women rarely receive inheritances under their own names. 14 Marital barlake is also viewed by certain community members as providing an erroneous justification for domestic violence against women; the logic being that the husband has paid for his wife and thus the wife becomes the husband s property and can be treated accordingly. In addition, under circumstances when women are not able to bear children they regularly come under great pressure from the husband s family because the dowry was paid in expectation that she will produce his successors to continue the husband s uma lisan. On these grounds there are frequent cases of divorce by husbands of their wives. However, it is questionable whether such observations extend to women in the kaben-tama system in which a matrilineal social order obligates the husband to enter into the wife s uma lisan. Thus women are known to enjoy inheritance rights and are the rightful owners of land and property in this system. In addition, although domestic violence is not absent in families within the kaben-tama system, interviews from this research indicate that the barlake does not appear to be the cause of any domestic violence that may occur under this system. Another important social implication, particularly in relation to customs where a fixed marital dowry is demanded, is that a woman from a higher social class will need suitors who can afford to pay the barlake in accordance with their social status (such as the 77 buffalos requested in many areas of Lautem district). If a financially capable suitor does not present himself, a woman may well have to remain unmarried for the rest of her life. Implications for youth While such negative social implications of culture and customs on women are now commonly understood by academics and policy makers, their impact on youth has not received as much attention. Although young men and women appreciate their culture and traditions, the fact that most financial resources of families are spent on cultural ceremonies often becomes a source of frustration and despair for the youth who desire education, training and investing in other opportunities that provide hope of a better future. This is especially true for young people in the districts where access to education and vocational training is limited and prospects for employment are dim. The custom of barlake also discourages young men who do not have a source of independent income to approach the option of marriage. Thus in many cases young men enter into relationships with young women without the financial means to formally commit to them. In some cases if the young woman becomes pregnant without being married, customs dictate that the father of her child must marry her and the young man will live in a de facto state of marriage with the woman and her family until he is able pay the marital barlake in full over the years. This process represents a powerful social tool which discourages young men from engaging in relationships with women until they are financially responsible. However with few income generation opportunities available, this pressure can lead to additional frustrations among the youth and limit their capacity to invest in the wellbeing of their new family. 14 NGO Working Group on CEDAW Alternative Report (2009). NGOs Alternative Report: Implementation of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in Timor-Leste. Dili, Timor-Leste. Culture and its impact on social & community life Page 21

22 Implications for community well-being Although certain aspects of culture and customs may wield negative social influences as examined above, it is commonly believed that there are consequences for the breach of cultural rules and values. Such consequences will impact not only individuals and families, but the entire society. Sicknesses, accidents, infertility, death of children, natural disasters and other curses are believed to be brought upon those who fail to show due respect to the uma lisan and ancestors. Reconciling the need to preserve and respect cultural values, while meeting the evolving social needs of community members discussed above, is an issue that requires much consideration, reflection and consensus-building within all ethno-linguistic groups in Timor-Leste. The Role of Culture in Peace Building Despite some of the challenges observed in the economic and social lives of citizens, culture and customs still regulate the daily life of community members, especially in rural communities. Accordingly, disputes within the community are frequently settled through the application of cultural values and methods that are specific to each community. This process is often referred to as traditional justice, local justice or customary law. Lia nain (traditional elders) as the guardians of ancestral traditions and laws, wield the authority and legitimacy to mediate and resolve disputes. In the words of Hohe and Nixon (2003), [t]hey know the rules the ancestors have set, and therefore they have the competence to speak the law. 15 If a dispute occurs within or between families, the lia nain will work through the traditions regulating the fetosaa and umane. If a dispute involves families that are not related, the lia nain will sit together with the heads of the families of those implicated (perpetrators and victims) on a woven mat in the Nahe Biti-Boot (spreading the big mat) ceremony to negotiate solutions to the problem. The families involved must follow the solutions prescribed by the lia nain, for example by paying compensation of livestock or precious goods to the victim s household. Cultural oaths may also take place, with the families gathering at the uma lisan/lulik (traditional/sacred house) or suco/aldeia offices, preparing goods such as food, tua-sabu (traditional Timorese palm wine) and animals for ritual sacrifice. The animal will typically be slaughtered and its blood mixed with the tua-sabu, as well as the blood of members of the family who committed the offense against members of the other family. The families enter into an oath by drinking the mixture together, promising that they will no longer engage in conflicts in the future. This type of ceremony is called the hemu ran (drinking blood) or Juramentu. Another common ceremony is Tara bandu, in which chosen items are hung up on a wooden shaft in a public ceremony to show that it is forbidden to chop trees or harvest crops in a certain way, in a certain area. Tara bandu can also be used to place a ban on the continuation of fights between groups. A Juramentu is often conducted as part of the Tara bandu. This type of ceremony is usually effective in resolving land issues and also for ensuring environmental protection. Both Nahe-biti bo ot and Tara bandu are examples of customs that enforce peace and reconciliation through the power of public agreement. 15 Hohe, Tanja and Nixon, Rod (2003). Reconciling Justice: Traditional Law and State Judiciary in East Timor. Washington DC: United States Institute of Peace, p. 24. Culture and its impact on social & community life Page 22

23 In addition to the lia nain, community members also believe in the power of the matan dook (shaman, seer) who are known to possess supernatural powers to read the fate of people and concoct potions to counter evil spells cast by other people or even the souls of ancestors who have not been pacified. If the matan dook provides a reading of someone s past wrongdoings, people are able to find various means and indirect processes to grant pardon to persons or families involved in conflict through hamulak (prayers based on cultural beliefs) to the ancestors. The role of culture in strengthening national unity In addition to resolving conflicts and maintaining peace at the local levels, interviews with numerous lia nain pointed toward the possibility of strengthening national unity and stability through a deeper understanding of cultural values and practices. Lia nain emphasized that all Timorese are part of one big family, in a fetosaa umane context, and thus there is no reason for the Timorese to be hostile and remain divided towards one another. Although the 2006 Crisis is understood as a conflict between the loromonu (western East Timorese) and lorosa e (eastern East Timorese), the lia nain stood strongly against this viewpoint, saying that the EastWest issue does not have cultural roots but has been politically manipulated and enforced. They expressed the desire to re-unite the people of Timor-Leste by reminding them of their interwoven cultural relationships in order to restore a broken peace. They pointed out that there are many men and women married to spouses from opposite sides of the territory, bound in fetosaa umane relations to become one family. Cultural discourse may therefore be used as a powerful tool for overcoming perceptions of divided identities. Some limitations of traditional justice systems While traditional justice is the most effective and pervasive means of conflict resolution in Timor-Leste, it must be noted that researchers, policymakers, civil society actors and international agencies have consistently highlighted that traditional justice systems are not the appropriate means of dealing with sexual and gender based violence (SGBV) and cases involving children.16 The United Nations Integrated Mission in Timor-Leste (UNMIT) Periodic Report on Human Rights Developments in Timor-Leste (1 July June 2010) states that women and children victims were not guaranteed adequate participation in traditional justice processes, and that often outcomes of such processes appeared to favor the perpetrators or overlook the gravity of the offence committed.17 Martial arts leaders sign a public endorsement from village elders. peace agreement with 16 Timor-Leste s new Criminal Code which entered into force in 2009 defines domestic violence as a public crime, meaning that cases of domestic violence must be handled through the formal criminal justice system (through the Prosecution Office). 17 United Nations Mission in Timor-Leste (2010). Facing the Future: Periodic Report on Human Rights Developments in Timor-Leste (1 July June 2010), p. 25. Culture and its impact on social & community life Page 23