The expropriation of people's land and its reclamation by UNAER

a form of terror, the repressive approach can also be understood as a colonial strategy in an effort to extinguish the 'fire' of resistance from the indigenous people against exploitative colonial policies (ASdS and JAT).

locations (Baisaku 1999:65). La'o Hamutuk Bulletin Vol.13, No. 1: July 2013 reported that most of the land titles issued during Portuguese colonial rule only benefited foreigners.

Therefore, after independence many of the rural communities began to reclaim their lands, as in Ermera. The communities found that most of their ancestral lands had been forcibly occupied during the colonial period to open plantations in various places, both state plantations and private plantations by relying on forced labour from the natives.

Based on the above data it is clear that, that more than half of all Portuguese titles were issued in Dili. Of the rest, the greatest concentration is in Ermera District, which reflects the coffee industry in that mountainous area. According to Fitzpatrick (2002:148), in Ermera, SAPT reportedly held plantations covering at least 10,000 hectares. While another source obtained from the “Direção Nacional de Café e Plantas Industriais” of RDTL in 2018, the SAPT plantation in Ermera covering an area of 12,000 hectares. In addition to SAPT, at least 6,000 more lands were granted to Portuguese planters in 1910 (Clarence-Smith, 1992; Gunn 1999).

According to the President of UNAER (AIGMs) it is certain that the intended lands have been allocated to the Portuguese as well as Chinese traders to open private plantations, most of which are in Ermera and Liquiça Municipalities.

The area of coffee plantations in Ermera in 2008 was 29,225 hectares⁴². From this large plantation area, several plantation sites, according to AlGMs, have been reclaimed by the peasants under UNAER coordination, including the SAPT plantation area located in Fatubesi, to demand the government implement agrarian reform program. While others are still controlled by heirs and certain institutions. The plantations referred to by AlGMs are as listed in the following table:

Table 1:

Name and area of plantations in Ermera that have been identified by UNAER

(According to the President of UNAER (AlGMs), some of them have been reclaimed by the peasants under UNAER coordination) Number Name of Plantation Location of the plantation Size of plantation

area (in hectares)

1. Apido Mirtuto, Ermera 5 hectares

2. Raitaran Mirtuto, Ermera 23 hectares

3. Samudo Poetete, Ermera 30 hectares

4. Humboe Humboe, Ermera 30 hectares

5. Ponilala Ria Ponilala, Ermera 50 hectares

6. Fatubessi Fatubesi, Hatulia 5 hectares

7. Manutasi Manusa’e, Hatulia 5 hectares

8. Graça Manusa’e Manusa’e, Hatulia 92 hectares

42

9. Nunsloit Hatulia 92 hectares

10. Nunrema Haufu, Letefoho 40 hectares

11. Dadesan Poetete, Ermera 400 hectares

12. Vila Maria Leguimea, Ermera 109 hectares

13. Humboe II Leguimea, Humboe, Ermera 450 hectares

14. Ramelihu Sakoko, Ponilala 300 hectares

15. Mau Nunu Tokoluli, Railaco 400 hectares

16. Orusa Fatukeru, Railaco Not yet identified

17. Maudiu Fatukeru, Railaco 39,99 hectares

18. Marua Fatukeru, Railaco 60 hectares

19. Kableu Lihu, Railaco 4 hectares

20. Fatubesi Fatubolu, Hatulia B 11.500 hectares

21. Aifu Poetete, Ermera 278 hectares

22. Gouio Poetete, Ermera 36 hectares

23. Hatugo Poetete, Ermera 36 hectares

24. Orhui/Kdidin Poetete, Ermera 400 hectares

25. Camalpun Lihu, Railaco 30 hectares

26. Talo Hatulia A Not yet identified

by UNAER

Source: UNAER’s document obtained from the President of UNAER (AlGMs) at the UNAER Secretariat, Maudiu, Ermera, 15/6/2017.

According to the Head of the Coffee Promotion Department (JulS)⁴³, which was also confirmed by National Director of the National Directorate of Coffee and Industrial Plants (FS)⁴⁴, until now the government has not recorded the ownership of private plantations in East Timor during the Portuguese and Indonesian periods, including private plantations in Ermera. However, the SAPT plantation covering an area of 12,000 hectares in Fatubesi, according to FS, is a state heritage plantation (património de estado) whose management rights are with the government based on Law No. 1/2003⁴⁵.

“The 12,000-hectare SAPT plantation is a state-owned plantation. The government will rehabilitate the plantation, which of course will involve the peasants in the process. Until now the government has not done much because it is still waiting for the new land law” (FS).

The FS view was opposed by the President of UNAER (AlGMs). According to AlGMs, plantations in Ermera, both SAPT plantations and other private plantations, have historically been built on people's lands that have been forcibly controlled by the colonial government.

He said, after independence, the government should open a space for public debate regarding its ownership:

43 JulS (49 years old) is the Head of the Coffee Promotion Department of RDTL. Interview with JulS was conducted in Dili, 2/3/2018.

44 FS (55 years old) is the National Director of the National Directorate of Coffee and Industrial Plants of RDTL. Interview with FS was conducted in Dili, 2/3/2018.

45 Law 1/2003 defines State Land and processes to deal with abandoned land. The law states that all land that belonged to the Portuguese State, the Indonesian State and all abandoned land now pertain to the State of Timor-Leste.

“Don't make laws without consulting the people first. Ownership claims on people's lands, don't just consider the formal legal aspect without paying attention to the historical and socio-cultural aspects.

From UNAER's perspective, these plantations were built on people's lands and/or customary lands which were forcibly controlled by the Portuguese colonial government and foreigners to open plantations. During the Indonesian occupation, this forced control was continued by the Indonesian militaristic government and/or by its heirs who were supported by the Indonesian military. At that time, they cooperated with each other to exploit the indigenous peasants for their benefit. For this reason, the peasants, both as embodied in UNAER in Ermera and as embodied in the MPRA in Liquiça, carried out social movements to reclaim ownership rights to their ancestral lands.” (AlGMs).

The opinion of AlGMs is the general view of many of the informants from this study (ASdS, JAT, LSB⁴⁶, AdS, HdS, DmN, LS, AdC, DdR, LP and JS). The results of consultations with communities related to land issues conducted by Matadalan ba Rai (2010) show that since the Portuguese era, throughout the Indonesian era and until today two types of concepts have existed about how to manage and distribute land in East Timor: the 'formal' system of issuing of titles and land certificates, and customary law systems.

UNAER's plantation reclamation is based on the early history of plantation establishment as well as the customary law system. In the cultural perspective of the indigenous people, land is a source of livelihood where the distribution of ownership rights is more collective in nature based on existing customary clans. However, the intervention of foreign powers has encouraged the privatization and control of customary lands by outsiders for the benefit of the plantation industry which relies on the exploitation of indigenous people.

Therefore, after independence many of the rural communities began to reclaim their lands, as is happening in Ermera. The community found that most of their ancestral lands had been forcibly occupied during the colonial period to open plantations in various places, both state plantations and private plantations by relying on forced labor from indigenous people.

According to Fitzpatrick (2002: ix), the complex history of the land has resulted in particular pieces of land being subject to claims that are diverse and competitive. Some land is held by occupiers or claimed by people who rely on tradition or customs; some claimants rely on titles issued during the Portuguese Colonial times; some claimants were issued effectively by the Indonesian authorities during the Indonesian occupation; and others again

46 LSB (45 years old) is the current UNAER base coordinator in Lekisi. He is one of the young activists who together with other friends under the coordination of JAT have organized the peasants in Lekesi to occupy the

depend upon the fact of their occupation or on arrangements made with purported owners or with UNTAET after East Timor became an independent territory.

The pilot survey undertaken by Matadalan ba Rai showed that the majority of people in Timor-Leste got their land by way inheritance or from the ancestors. Only 7% received land through any other mechanism such as lease, sale, because of relocation or occupation (Matadalan ba Rai, 2010: 88).

The problems described above have prompted the emergence of the Ermera peasant movement organized by UNAER. By focussing on the historical aspects of plantations and ownership claims based on a cultural perspective, UNAER mobilizes available resources to organize a social movement demanding the implementation of an agrarian reform program in East Timor to resolve this colonial legacy of land problems.

According to UNAER's perspective, agrarian reform is not only the right policy to solve complicated land ownership problems but also as an anticipatory step to protect poor rural farmers from economic-based exploitation (AlGMs).

“In the days of our ancestors, there was no private ownership of large lands. Population growth as well as demand for land will continue to increase simultaneously. Therefore, it is necessary to have legal regulations to strictly limit personal control over large lands and also to ensure that everyone has equal access to sources of livelihood, so that all can enjoy their lives well in this independence. Agrarian reform is the right policy to be adopted by this country” (ASdS).

According to AB⁴⁷, the idea of agrarian reform from the peasant movement rested on the initial conception that had been described in FFRETILIN's political programs and manuals, but was interrupted during the Indonesian occupation. Now the peasants have risen to remind the state of the importance of this policy as a foundation of development and to overcome the problems of farmers arising from land problems inherited by the colonial administrations.

When the restoration of independence for East Timor was declared on May 20, 2002, the peasants responded by taking occupation actions against colonial plantations to demand agrarian reform. In this context, the peasant movement in Timor, both coordinated within UNAER and elsewhere, rejects the privatization of land as a source of human livelihoods (ASdS, AlGMs and JS).

47 AB (52 years old) was one of the founders of KSI and is now a member of the KSI Board. Interview with AB was conducted in Dili, 12/11/2019.

The views of the peasants were also supported by the Director of KSI (JenS). According to JenS⁴⁸, if private ownership of collective property for the livelihood of the people continues to be promoted, the impact will be very detrimental to poor farmers who do not have capital, because investors will control the people's livelihoods and privatize them for their own interests. Then the poor peasants will continue to be objects of exploitation. Thus, the emergence of the Ermera peasant movement was not only to reclaim ownership rights to foreign plantations that had been established on their ancestral lands, but also to demand social justice.