East Timor's Constitution of 2002

Introduction and first article of the East Timorese Constitution

The current constitution of East Timor ( Portuguese Constituição da República de Democrática de Timor-Leste ) came into force with the restoration of the country's independence on May 20, 2002 .

Historical background

Pro-independence activists during the 1999 independence referendum

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 Since the Portuguese administration had withdrawn and Indonesia began to occupy the border area of East Timor , FRETILIN unilaterally proclaimed independence on November 28, 1975. A first constitution was also drawn up. 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 differs from the 1975 constitution . The new version was developed after the Portuguese model. The constituent assembly was elected on August 30, 2001 . FRETILIN won the absolute majority of the seats. With the transition to independence, the assembly became the national parliament of East Timor . There was no separate referendum for the constitution. It was only confirmed by the meeting on March 22, 2002 with 65 votes to 14. The MPs from FRETILIN and the ASDT voted for the draft constitution , while the MPs from PD , PSD and one of the UDT voted against it . Many MPs did not appear to vote either.

Pedro Bacelar de Vasconcelos , one of the authors of the constitution, together with a team of authors at the Law Faculty of Minho University published an annotated version of the constitution in 2011 , which takes into account the judgments passed up to that point.

The Constitution

preamble

The preamble looks back on the history of the “motherland of the Maupe ” and names the creation and adoption of the constitution as the culmination of the “historical resistance of the Timorese people” after the invasion of December 7, 1975. The role of FRETILIN is mentioned in the preamble , Conselho Nacional de Resistência Timorense (CNRT) and Forças Armadas de Libertação Nacional de Timor-Leste (FALINTIL) in the liberation struggle and its thousands of victims, but also the diplomatic front, where East Timorese campaigned for the independence of their country with the international community, and the Catholic Church. Finally, a commitment to democracy, a multi-party system , human rights, fundamental rights and the fight against tyranny and for national independence follows .

Part I: Basic Principles

Established in Section 15: The National Flag of East Timor

- Section 1: The Republic
- Section 2: Sovereignty and Constitutionality
- Section 3: Citizenship
- Section 4: Territory
- Section 5: Decentralization
- Section 6: Principles of State
- Section 7: Universal suffrage and multiparty system
- Section 8: International Relations
- Section 9: International Law
- Section 10: Solidarity
- Section 11: Promoting the Resistance Movement
- Section 12: State and Religious Beliefs
- Section 13: Official Languages and National Languages
- Section 14: National Symbols
- Section 15: National Flag

Part II: Fundamental Rights, Duties, Freedoms and Guarantees

According to the constitution in East Timor, women are equal to men

Title I: Basic Principles
- Section 16: Generality and Equivalence
- Section 17: Equality between Women and Men
- Section 18: Protection of the Child
- Section 19: Youth
- Section 20: Seniors
- Section 21: Disabled Citizens
- Section 22: Citizens of East Timor overseas
- Section 23: Interpretation of Fundamental Rights
- Section 24: Restricting Laws
- Section 25: State of Emergency
- Section 26: Access to Justice
- Section 27: Ombudsman
- Section 28: Right to Resist and Self-Defense

Title II: Personal rights, freedoms and guarantees
- Section 29: Right to Life
- Section 30: Right to Personal Freedoms, Security and Integrity
- Section 31: Application of Criminal Law
- Section 32: Penalty Limits and Security Measures
- Section 33: Habeas Corpus
- Section 34: Guarantees in Prosecution
- Section 35: Extradition and Eviction
- Section 36: Right to Honor and Privacy
- Section 37: Inviolability of Home and Correspondence
- Section 38: Protection of Personal Information
- Section 39: Family, Marriage, and Motherhood
- Section 40: Freedom of Speech and Information
- Section 41: Freedom from the Press and Mass Media
- Section 42: Freedom of Assembly and Right to Demonstrate
- Section 43: Freedom of Association
- Section 44: Freedom of Movement
- Section 45: Freedom of Conscience, Belief and Religion
- Section 46: Right to Political Participation
- Section 47: Right to Vote
- Section 48: Right of Petition
- Section 49: Defense of Sovereignty

Title III: Economic, Social and Cultural Rights and Obligations
- Section 50: Right to Work
- Section 51: Right to Strike and No Lockout
- Section 52: Freedom of Trade Unions
- Section 53: Consumer Rights
- Section 54: Right to Private Property
- Section 55: Taxpayer Obligations
- Section 56: Social Security and Assistance
- Section 57: Health
- Section 58: Housing
- Section 59: Education and Culture
- Section 60: Intellectual Property
- Section 61: Environment

Part III: Organization of Political Forces

Title I: General Principles
- Section 62: Source and Exercise of Power
- Section 63: Citizen Participation in Political Life
- Section 64: Principle of Renewal
- Section 65: Elections
- Section 66: Referendum
- Section 67: Organs of State Authority
- Section 68: Incompatibilities
- Section 69: Principle of Separation of Powers
- Section 70: Political Parties and Right to Opposition
- Section 71: Organization of Administration
- Section 72: Local Government
- Section 73: Publication of Legislation and Decisions

East Timor's Presidential Palace

Title II: President of the Republic
- Chapter I: Status, Election and Appointment
  - Section 74: Definition
  - Section 75: Eligibility
  - Section 76: Choice
  - Section 77: Inauguration and Swearing in
  - Section 78: Incompatibilities
  - Section 79: Criminal Responsibility and Constitutional Obligations
  - Section 80: Absence
  - Section 81: Resignation from Office
  - Section 82: Death, Resignation, or Permanent Disability
  - Section 83: Exceptions
  - Section 84: Exchange and Representation in Office
- Chapter II: Competencies
  - Section 85: Competencies
  - Section 86: Competences with regard to other constitutional organs
  - Section 87: Competencies Regarding International Relations
  - Section 88: Notices and Veto
  - Section 89: Powers of the Interim President of the Republic
- Chapter III: Council of State
  - Section 90: Council of State
  - Section 91: Powers, organization and function of the Council of State

National Parliament of East Timor (2002)

Title III: National Parliament
- Chapter I: Status and Election
  - Section 92: Definition
  - Section 93: Election and Composition
  - Section 94: Immunity
- Chapter II: Competencies
  - Section 95: Competences of the National Parliament
  - Section 96: Legislative Power
  - Section 97: Legislative Initiative
  - Section 98: Parliamentary Evaluation of Laws
- Chapter III: Organization and Function
  - Section 99: Legislative Period
  - Section 100: Dissolution
  - Section 101: Presence of Members of the Government

Attendance by members of the Government

- Chapter IV: Standing Committee
  - Section 102: Standing Committee

Government Palace of East Timor

Title IV: Government
- Chapter I: Definition and Structure
  - Section 103: Definition
  - Section 104: Composition
  - Section 105: Council of Ministers
- Chapter II: Education and Responsibilities
  - Section 106: Appointment
  - Section 107: Government Responsibilities
  - Section 108: Government Program
  - Section 109: Examination of Government Program
  - Section 110: Request for a vote of confidence
  - Section 111: Vote of No Confidence
  - Section 112: Dismissal of the Government
  - Section 113: Criminal Liability of Government Members
  - Section 114: Immunity of Government Members
- Chapter III: Competencies
  - Section 115: Government Competencies
  - Section 116: Powers of the Council of Ministers
  - Section 117: Powers of Government Members

Attorney General

Title V: Courts
- Chapter I: Courts, Prosecutors and Lawyers
  - Section 118: Jurisdiction
  - Section 119: Independence
  - Section 120: Examination for Unconstitutionality
  - Section 121: Judges
  - Section 122: Exclusivity
  - Section 123: Categories of Courts
  - Section 124: Supreme Court
  - Section 125: Function and Composition
  - Section 126: Electoral Powers and Constitutional Powers
  - Section 127: Qualification
  - Section 128: Supreme Judicial Council
  - Section 129: Supreme Administrative Court, Finance Court and Audit Office
  - Section 130: Military Tribunal
  - Section 131: Legal Proceedings
- Chapter II: Public Prosecutor's Office
  - Section 132: Function and Status
  - Section 133: Attorney General
  - Section 134: Supreme Council of the Attorney General
- Chapter III: Lawyers
  - Section 135: Lawyers
  - Section 136: Guarantees for Legal Services

Title VI: Public Administration
Section 137: General Principles for Public Administration

Part IV: Organization of Economy and Finance

Title I: General Principles
- Section 138: Organization of the Economy
- Section 139: Natural Resources
- Section 140: Investments
- Section 141: Land

Title II: Finance and Tax System
- Section 142: Financial System
- Section 143: Central Bank
- Section 144: Tax System
- Section 145: State Budget

Part V: National Defense and Security

National Police of East Timor at a demonstration

Section 146: Defense Forces
Section 147: Police and Security Forces
Section 148: Supreme Council for Defense and Security

Part VI: Guarantee and Revision of the Constitution

Title I: Guarantee of the Constitution
- Section 149: Anticipatory Constitutional Review
- Section 150: Theoretical Constitutional Test
- Section 151: Unconstitutionality Through Omission
- Section 152: Revision of Constitutionality
- Section 153: Supreme Court Decisions
Title II: Examination of the Constitution
- Section 154: Initiative and duration of the revision
- Section 155: Approval and Notice
- Section 156: Limitation of Items for Revision
- Section 157: Limiting the duration of the revision

Part VII: Finals and Transitional Provisions

Section 158: Contracts, Agreements, and Alliances
Section 159: Working Languages
Section 160: Serious Crimes
Section 161: Illegal Acquisition of Property
Section 162: Reconciliation
Section 163: Transitional Legal Organization
Section 164: Transitional Authority of the Supreme Court
Section 165: Previous Legislation
Section 166: National Anthem
Section 167: Conversion of the Constituent Assembly
Section 168: II. Transitional Government
Section 169: 2002 Presidential Elections
Section 170: Entry into Force of the Constitution

literature

The Constitution in Portuguese and Tetum (PDF)

Annemarie Devereux: Timor-Leste's Bill of Rights - A Preliminary History , Australian National University, 2015.

Web links

Commons : Constitution of East Timor - collection of images, videos and audio files

Individual evidence

↑ ^a ^b ^c ^d ^e website of the East Timorese government: Constitution of East Timor (English) , accessed on December 29, 2016.
↑ Michael Leach: Nation-Building and National Identity in Timor-Leste , p. 136, limited preview in the Google book search
↑ SAPO: Maioria simples suficiente para ultrapassar veto do PR timorense ao Orçamento , January 29, 2019 , accessed on January 29, 2019.

[engl-1] website of the East Timorese government: Constitution of East Timor (English) , accessed on December 29, 2016.

[2] Michael Leach: Nation-Building and National Identity in Timor-Leste , p. 136, limited preview in the Google book search

[SAPO2019-01-19-3] SAPO: Maioria simples suficiente para ultrapassar veto do PR timorense ao Orçamento , January 29, 2019 , accessed on January 29, 2019.