Why Illegal Fishing by Indonesian Vessels Continues in Timor-Leste Waters: Is It a Show of Strength or Propaganda

By: Hermenegildo da Costa Tilman

(Student Master of Law in Atma Jaya University Yogyakarta)

Recently, our Maritime Police Unit, through surveillance operations, arrested Indonesian citizens conducting illegal fishing activities within Timor-Leste’s territorial waters. Those arrested are currently undergoing legal proceedings. Similar cases have been reported repeatedly in recent weeks, raising a critical question: Why do such acts persist? Is it because Indonesia knows that Timor-Leste lacks the capacity to effectively control its maritime territory, or is this simply a form of deliberate propaganda?

From an academic perspective, it is clear that Timor-Leste faces significant limitations in managing and monitoring its waters. As a young nation, it lacks sufficient equipment, human resources, and technical expertise to patrol and regulate its vast maritime zones effectively. These constraints make it difficult to detect and intercept illegal fishing vessels, emboldening perpetrators to continue their unlawful activities.

In reality, Timor-Leste’s maritime capabilities remain inadequate. Most patrol boats are small and ill-equipped to operate in rough seas or over long distances. Additionally, surveillance tools such as radar systems and satellite monitoring technology are extremely limited. Weaknesses in law enforcement and slow judicial processes further contribute to the problem—gaps that Indonesian fishermen have clearly identified and exploited.

Legal Framework Governing Fisheries and Marine Affairs

Timor-Leste has established comprehensive laws to address these issues:

 Law No. 12/2004 on Fisheries-Related Crimes: Enforced since 2005, this legislation defines a range of offenses, including fishing without a license, operating in protected areas, harvesting protected species, and using explosives or toxic substances to catch fish.

​Complementary Legislation: Other laws regulate maritime boundaries, Exclusive Economic Zones (EEZ), national rights over marine resources, and measures to manage fisheries and protect marine ecosystems.

​ International Commitments: In 2013, Timor-Leste ratified the United Nations Convention on the Law of the Sea (UNCLOS), which serves as the international legal basis for managing ocean affairs.

Penalties for Illegal Maritime Activities

– Anyone caught fishing without authorization in Timor-Leste waters faces imprisonment of 2 to 8 years and fines ranging from US$25,000 to US$1,500,000. However, these provisions do not apply to local fishermen engaged in small-scale subsistence fishing within national waters.

​- Those who damage marine resources—such as destroying coral reefs, fishing in protected zones without permission, or catching endangered species—face imprisonment of 1 to 5 years and fines between US$500 and US$500,000.

While Timor-Leste has strong laws in place, the challenge lies in enforcing them effectively.

The Critical Importance of Marine Resources for Timor-Leste

Marine resources are the backbone of livelihoods and economic development in Timor-Leste:

– National Revenue: Fisheries products represent a key export commodity, generating income that funds development in education, health, infrastructure, and other vital sectors.

​- Food Security: A large portion of the population depends on fish and other marine products as a primary source of nutrition, making the sustainable management of these resources essential for public health and well-being.

​- Employment Generation: The fishing industry and related activities provide jobs for thousands of people, especially in coastal communities, helping to improve household economic conditions.

​- Environmental Protection: Healthy marine ecosystems protect coastlines from erosion, regulate climate patterns, and sustain biodiversity—all of which are fundamental to human survival and environmental stability.

Measures Needed to Address Illegal Fishing

1. Resolving Maritime Boundaries

We commend the Prime Minister, Kay Rala Xanana Gusmão, for his ongoing efforts to negotiate maritime borders with Indonesia. To achieve lasting results, Timor-Leste should:

– Establish a specialized team of professionals with expertise in international law, geography, maritime affairs, and economics.

– Ground negotiations in the principles of UNCLOS 1982, the primary legal framework for defining maritime boundaries between nations.

​- Clearly define boundaries from coastal areas to the high seas, including the Exclusive Economic Zone, where countries hold exclusive rights to manage and use resources.

​- Agree on rules regarding vessel passage, maritime security, and cooperation in areas rich in marine life.

​- Conduct negotiations in a timely yet careful manner to ensure fairness and satisfaction for all parties. In cases of dispute, seek mediation from international bodies or refer matters to international courts for impartial rulings.

​- Raise public awareness: Once boundaries are officially determined, the government should publish detailed maps and distribute them to security posts, coastal communities, and institutions. Information should also be disseminated through radio, television, and social media to ensure all citizens understand national maritime rights and laws.

2. Strengthening Surveillance and Law Enforcement

To improve monitoring capabilities, the government must:

 – Upgrade Patrol Vessels: Acquire modern patrol boats measuring 20–40 meters in length, capable of high speeds and operating in rough seas over extended periods. These vessels should be equipped with advanced communication tools, night-vision technology, and sufficient capacity to carry patrol teams and equipment. Aim to have at least 8–10 well-equipped vessels to cover the entire coastline, from the western to the eastern regions.

​- Develop Maintenance Infrastructure: Establish dedicated maintenance centers at major ports and train local technicians to repair and service vessels to ensure they remain operational.

​- Deploy Advanced Surveillance Technology: Install radar systems at strategic high-altitude locations such as Mount Ramelau and Mount Matebian, enabling detection of vessels within a range of 100–200 kilometres. Invest in satellite monitoring services to track activities in remote areas that patrol boats cannot reach, with data transmitted directly to the central control center in Dili. Use small unmanned aerial vehicles (drones) to conduct rapid surveillance in high-risk areas, capture visual evidence, and relay information to maritime teams in real time.

​- Enhance Training Programs: Provide comprehensive training for officials covering national and international maritime law, patrol techniques, the use of modern equipment, conflict resolution with foreign vessels, and legal documentation for court proceedings. Training courses should range from 3–6 months for basic skills to 1–2 years for advanced specialization, with ongoing professional development every year. Partner with maritime training institutions in Australia, New Zealand, Portugal, and the United Nations to deliver high-quality education and skills development.

​- Improve Institutional Coordination: Establish a central committee led by the Secretary of State for Defence and Security, with representatives from the Timor-Leste Defence Force (F-FDTL), Maritime Police, Ministry of Fisheries, and Ministry of Foreign Affairs. This committee should meet monthly to assess challenges, review operations, and plan future actions. Create secure communication networks to facilitate fast, safe information sharing between all relevant agencies.

3. Strengthening Regional and International Cooperation

 – Bilateral Collaboration with Indonesia: Negotiate formal agreements to conduct joint patrols along border areas, exchange information on suspicious vessels, and transfer suspects to the relevant authorities for prosecution. Organize joint training programs for officials from both countries to build mutual understanding and operational capacity.

​- Partnership with Australia: Seek technical assistance to develop a modern maritime control center, train personnel, and access satellite intelligence. Australia can also play a valuable role in supporting Timor-Leste’s engagement with other regional partners.

​– International Support: Prepare detailed proposals to secure financial and technical assistance from international organizations, clearly outlining the economic and environmental damage caused by illegal fishing and how external support can help address these challenges. Key partners include the World Bank, Asian Development Bank, United Nations agencies, and the European Union.

​- Engage Local Communities: Establish community surveillance groups comprising traditional leaders and influential figures in coastal areas. Provide training on how to identify illegal fishing activities and report them promptly to authorities. Offer incentives such as communication equipment, fishing supplies, or financial rewards to communities that assist in detecting and reporting violations. This approach fosters a sense of ownership and collective responsibility for protecting national waters.

​- Strict and Fair Enforcement: Ensure that penalties are applied consistently and firmly. Laws should clearly state that vessels and equipment used in illegal activities will be seized, confiscated, or destroyed. Captains and crew members face imprisonment of 2–8 years and fines of US$25,000–US$1,500,000, with increased penalties for offenses that cause environmental harm. Perpetrators should also be permanently banned from entering Timor-Leste waters.

– Specialized Judicial Processes: Create specialized courts to handle maritime cases, ensuring proceedings are efficient, informed, and legally sound. Provide training for judges, lawyers, and court officials on maritime law to improve case management and decision-making. Guarantee due process, ensuring all suspects have the right to legal representation and are fully informed of the charges against them.

4. Promoting Sustainable Management of Marine Resources

– Establish Marine Protected Areas: Conduct scientific research to identify critical habitats, breeding grounds, and ecologically sensitive zones, and designate these as protected areas with clear regulations:

– No-Take Zones: Areas where all fishing and extractive activities are prohibited to allow ecosystems to regenerate.

– Restricted-Use Zones: Areas where only traditional, low-impact fishing methods are permitted.

– Community-Managed Zones: Areas managed by local communities, where resources are used sustainably for the benefit of residents.

– Install clear signage marking protected zones and increase patrols to ensure compliance with regulations.

​– Support Local Fishermen: Provide training in sustainable fishing techniques, such as using nets that allow young fish to escape, selecting appropriate times and areas for fishing, and proper storage methods to reduce waste. Facilitate the formation of cooperatives to help fishermen purchase equipment collectively, process their catch to increase value, and access national and international markets. Negotiate agreements with buyers, retailers, and restaurants to ensure local fish products are sold at fair prices.

Conclusion

“We must never be mere spectators in our own land, especially when our marine resources are under threat.” Illegal fishing depletes our natural wealth, reduces opportunities for future generations, and undermines national security. If we remain passive, we effectively allow outsiders to exploit and destroy resources that belong to all Timorese people.

So, what can we do to make a difference?

– Speak up and take action: If you witness suspicious activity at sea, report it immediately to the authorities, local leaders, the National Police (PNTL), or the Defence Force (F-FDTL). “Our nation may be small, but united, we possess great strength. We cannot rely solely on the government—each of us has a duty to play our part in defending our land and our seas.”