East Timor's Constitution of 1975
The first constitution of East Timor ( Portuguese Constituição da República de Democrática de Timor-Leste ) was promulgated on November 29, 1975 the day after independence was unilaterally proclaimed. The colonial power did not recognize the declaration of independence.
Historical background
After the Carnation Revolution in Portugal in 1974 , the Portuguese Timor colony was to be prepared for independence. In 1975, however, there was a civil war between the two major parties in the country, from which FRETILIN emerged victorious. Since the Portuguese administration had withdrawn and Indonesia began to occupy the border area of East Timor , FRETILIN unilaterally proclaimed independence on November 28, 1975 . The next day, Defense Minister- designate Rogério Lobato leftthe Constitution. The 55 articles had been written just a few days earlier.
But on December 7th, Indonesia began an open invasion . Troops landed in the capital Dili and the FRETILIN began guerrilla warfare against the occupiers. In 1976, Indonesia annexed East Timor in violation of international law. Only after 24 years of war was a referendum carried out under the supervision of the United Nations , in which the majority of the population spoke out against autonomy within Indonesia and in favor of the independence of East Timor. Once again there was a wave of violence by Indonesian security forces and pro-Indonesian militias . The international reaction force INTERFET under Australian leadership ensured peace and order again and East Timor came under UN administration until it was given independence on May 20, 2002.
The Constitution
According to the constitution, the "Democratic Republic of Timor-Leste" had a semi-presidential system of government . Prime Minister Nicolau dos Reis Lobato was, according to Article 40, the chairman of the Council of Ministers that formed the government . According to Article 42, President Francisco Xavier do Amaral was the head of state and, according to Article 4, the Commander-in-Chief of the armed forces that were formed from the Forças Armadas de Libertação Nacional de Timor-Leste (FALINTIL). The President could appoint and dismiss the Prime Minister and the Chairman of the Supreme Court and the Governor of the Bank of East Timors (Article 42).
Article 14 guaranteed men and women equal rights and Article 15 guaranteed freedom of religion . The freedom of speech , the freedom of association and freedom of speech was enshrined by Article 24th Article 23 guaranteed citizens the right to participate in the process of democratic consolidation. Article 25 established the right to vote and to stand as a candidate .
Article 2 proclaimed the goal of abolishing colonial structures and creating a new society free from any hegemony and exploitation. Article 6 focused development policy on agriculture and industry. According to Article 10, a policy of planned economy should be followed and illiteracy and ignorance should be combated (Article 12). The development of a health system made Article 13 mandatory. Article 16 required the state to create “friendly and cooperative relationships” with the “democratic and progressive world powers” who were seen as “natural allies”. Article 27 guaranteed the right to work, education and health.