Constitution of East Timor

The Constitution of East Timor entered into force on 20 May 2002, and was the country's first constitution after it gained independence from Portugal in 1975 and from Indonesia, which invaded East Timor on 7 December 1975 and left in 1999 following a UN-sponsored referendum.

History

After the Carnation Revolution in Portugal in 1974, the colony of Portuguese Timor was to be prepared for independence. In 1975, however, civil war broke out 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 Since the Portuguese administration had withdrawn and Indonesia began to occupy the border area of East Timor, the Fretilin unilaterally proclaimed independence on 28 November 1975. A first constitution was also drafted. But on 7 December, 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 guerrilla war, a referendum held under the supervision of the United Nations, in which the majority of the population spoke out against autonomy within Indonesia and in favour of East Timor's independence. Once again, there was a wave of violence by Indonesian security forces and pro-Indonesian militias. The international intervention force INTERFET under Australian leadership restored peace and order and East Timor came under UN administration until it was granted independence on 20 May 2002.

The constitution differs from the 1975 constitution, the new version being modelled on the Portuguese one. The Constitution was drafted by the Constituent Assembly elected for this purpose in 2001. Pursuant to an UNTAET regulation, the constitution did not need support in a referendum, but entered into force on the day of independence of East Timor after it was approved by the assembly. Fretilin won an absolute majority of 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 approved by the Assembly on 22 March 2002 by 65 votes to 14. The Fretilin and ASDT MPs voted in favour of the draft constitution, while the Democratic Party (PD), Social Democratic Party (PSD), and one Timorese Democratic Union (UDT) MP voted against it. Many MPs also did not turn up for the vote.

Pedro Bacelar de Vasconcelos, one of the authors of the constitution, together with a team of authors, published an annotated version of the constitution in 2011 at the Law Faculty of the University of Minho, taking into account the rulings issued up to that time.

The Constitution 
The official text of the Constitution is in Portuguese. There are at least four different translations into Tetum, the other official language, published by State institutions. Some of the Tetum translations have gross mistakes.

Preamble 
The preamble looks back on the history of the "motherland of the Maubere" and names the creation and adoption of the constitution as the culmination of the "historic resistance of the Timorese people" after the invasion of December 7, 1975. The role of Fretilin is mentioned in the preamble, National Council of Maubere Resistance (CNRT) and Timor Leste Defence Force (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 follows a commitment to democracy, multi-party system, human rights, fundamental rights and the struggle against tyranny and for national independence.

After which, the Constitution consists of seven parts, namely:

Part I: Basic Principles 

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

Part II: Fundamental Rights, Duties, Freedoms and Guarantees 

 Title I: Basic Principles
 Section 16: Universality and Equivalency
 Section 17: Equality between women and men
 Section 18: Child Protection
 Section 19: Youth
 Section 20: Seniors
 Section 21: Disabled Citizens
 Section 22: Overseas Citizens of East Timor
 Section 23: Interpretation of Fundamental Rights
 Section 24: Restrictive Laws
 Section 25: State of Emergency
 Section 26: Access to Court
 Section 27: Ombudsman Board
 Section 28: Right to Resistance and Self-Defense

 Title II: Personal rights, liberties and guarantees
 Section 29: Right to Life
 Section 30: Right to Personal Liberties, Security and Integrity
 Section 31: Application of Criminal Law
 Section 32: Sentential Limits and Safeguards
 Section 33: Habeas Corpus
 Section 34: Safeguards in Criminal Prosecution
 Section 35: Extradition and Expulsion
 Section 36: Right to honor and privacy
 Section 37: Inviolability of the home and correspondence
 Section 38: Protection of Personal Information
 Section 39: Family, Marriage and Maternity
 Section 40: Freedom of Speech and Information
 Section 41: Freedom of 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 Suffrage
 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 Ban on Lockouts
 Section 52: Freedom of trade unions
 Section 53: Consumer Rights
 Section 54: Right to Private Property
 Section 55: Taxpayer's 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: Civic Participation in Political Life
 Section 64: Principle of Renewal
 Section 65: Elections
 Section 66: Referendum
 Section 67: Organs of State Sovereignty
 Section 68: Incompatibilities
 Section 69: Principle of Separation of Powers
 Section 70: Political parties and right of opposition
 Section 71: Organization of Administration
 Section 72: Local Government
 Section 73: Publication of Legislation and Decisions

 Title II: President of the Republic
 Chapter I: Status, Election and Appointment
 Section 74: Definition
 Section 75: Eligibility
 Section 76: Election
 Section 77: Inauguration and Swearing-In
 Section 78: Incompatibilities
 Section 79: Criminal liability and constitutional obligations
 Section 80: Absence
 Section 81: Resignation from Office
 Section 82: Death, Resignation or Permanent Disability
 Section 83: Exceptional Cases
 Section 84: Exchange and Representation in Office
 Chapter II: Competences
 Section 85: Competences
 Section 86: Competences in relation to other constitutional bodies
 Section 87: International Relations Competences
 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 State Council

 Title III: National Parliament
 Chapter I: Status and Choice
 Section 92: Definition
 Section 93: Election and Composition
 Section 94: Immunity
 Chapter II: Competences
 Section 95: Powers 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: Legislature
 Section 100: Resolution
 Section 101: Presence of Members of Government

Attendance by members of the Government

 Chapter IV: Standing Committee
 Section 102: Standing Committee

 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: Responsibilities of Government
 Section 108: Government Program
 Section 109: Audit of Government Program
 Section 110: Call for a vote of confidence
 Section 111: Vote of No Confidence
 Section 112: Government Dismissal
 Section 113: Criminal liability of members of the government
 Section 114: Immunities of Government Members
 Chapter III: Competences
 Section 115: Powers of Government
 Section 116: Competences of the Council of Ministers
 Section 117: Powers of Government Members

 Title V: Courts
 Chapter I: Courts, prosecutors and attorneys
 Section 118: Jurisdiction
 Section 119: Independence
 Section 120: Testing 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 and constitutional powers
 Section 127: Qualification
 Section 128: Supreme Judicial Council
 Section 129: Supreme Administrative Court, Finance Court and Audit Court
 Section 130: Military Court
 Section 131: Legal Proceedings
 Chapter II: Public Prosecutor's Office
 Section 132: Function and Status
 Section 133: Attorney General's Office
 Section 134: Supreme Council of Attorneys General
 Chapter III: Lawyers
 Section 135: Solicitors
 Section 136: Guarantees for Legal Practice

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

Part IV: Organization of Economics and Finance 

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

 Title II: Financial and tax system
 Section 142: Financial System
 Section 143: Central Bank
 Section 144: Control System
 Section 145: State Budget

Part V: National Defense and Security 

 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 Testing
 Section 150: Theoretical testing for constitutionality
 Section 151: Unconstitutional by Omission
 Section 152: Revision for Constitutionality
 Section 153: Supreme Court Decisions
 Title II: Examination of the Constitution
 Section 154: Initiative and Duration of Revision
 Section 155: Approval and Notice
 Section 156: Limitation of the Subjects of Revision
 Section 157: Limitation of the term of the revision

Part VII: Final and Transitional Provisions 

 Section 158: Treaties, Agreements and Alliances
 Section 159: Working Languages
 Section 160: Major Crimes
 Section 161: Illegal Possession of Property
 Section 162: Reconciliation
 Section 163: Transitional Legal Organization
 Section 164: Transitional Jurisdiction 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 Election
 Section 170: Entry into Force of the Constitution

 I. Fundamental principles
 II. Fundamental rights, duties, liberties and guarantees
 III. Organisation of political power (including the provisions about the three branches of government)
 IV. Economic and financial organisation
 V. National defence and security
 VI. Guarantee and revision of the Constitution
 VII. Final and transitional provisions

References

Literature 

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

External links
 Text of the Constitution in English: 
 http://timor-leste.gov.tl (pdf)
 www.constituteproject.org (pdf)
 Text of the Constitution in Portuguese (pdf)
 Text of the Constitution in Tetum (pdf)

East Timor
Politics of East Timor