Official English translation
of the
Draft Constitution of
East Timor
as approved by the Plenary
of the Constituent Assembly on 9 February 2002.
Portuguese and Bahasa Indonesia versions and PDF files are at http://www.etan.org
INDEX
Sections
1 The Republic
2 Sovereignty and constitutionality
3 Citizenship
4 Territory
5 Decentralisation
6 Objectives of the State
7 Universal suffrage and multi-party system
8 International relations
9 International law
10 Solidarity
11 Valorisation of Resistance
12 Relationship between the State and
religions denominations
13 Official languages and national languages
14 National symbols
15 National flag
PART II
FUNDAMENTAL
RIGHTS, DUTIES, LIBERTIES AND GUARANTEES
TITLE I
GENERAL PRINCIPLES
16 Universality and equality
17 Equality between women and men
18 Child protection
19 Youth
20 Old age
21 Disabled citizen
22 East Timorese citizens overseas
23 Interpretation of fundamental rights
24 Restrictive laws
25 State of exception
26 Access to courts
27 Ombudsman
28 Right to resistance and self-defence
TITLE II
PERSONAL RIGHTS,
LIBERTIES AND GUARANTEES
29 Right to life
30 Right to personal freedom, security
and integrity
31 Application of criminal law
32 Limits on sentences and security measures
33 Habeas Corpus
34 Guarantees in criminal proceedings
35 Extradition and expulsion
36 Right to honour and privacy
37 Inviolability of home and correspondence
38 Protection of personal data
39 Family, marriage and maternity
40 Freedom of speech and information
41 Freedom of the press and mass media
42 Freedom to assemble and demonstrate
43 Freedom of association
44 Freedom of movement
45 Freedom of conscience, religion and
worship
46 Right to political participation
47 Right to vote
48 Right to petition
49 Defence of sovereignty
TITLE III
ECONOMIC, SOCIAL
AND CULTURAL RIGHTS AND DUTIES
50 Right to work
51 Right to strike and prohibition of
lock-out
52 Trade union freedom
53 Consumer rights
54 Right to private property
55 Obligations of the taxpayer
56 Social security and assistance
57 Health
58 Housing
59 Education and culture
60 Intellectual property
61 Environment
PART III
ORGANISATION
OF THE POLITICAL POWER
TITLE I
GENERAL PRINCIPLES
62 Source and exercise of power
63 Participation by citizens in political
life
64 Principle of renewal
65 Elections
66 Referendum
67 Organs of sovereignty
68 Incompatibilities
69 Principle of separation of powers
70 Political parties and right of opposition
71 Administrative organisation
72 Local government
73 Publication of legislation and decisions
TITLE II
PRESIDENT OF THE
REPUBLIC
CHAPTER I
STATUS, ELECTION AND APPOINTMENT
74 Definition
75 Eligibility
76 Election
77 Inauguration and swearing-in
78 Incompatibilities
79 Criminal liability and constitutional
obligations
80 Absence
81 Resignation of office
82 Death, resignation or permanent disability
83 Exceptional cases
84 Replacement and interim office
CHAPTER II
COMPETENCIES
85 Competencies
86 Competencies with regard to other organs
87 Competencies with regard to international
relations
88 Promulgation and veto
89 Powers of an interim President of the
Republic
CHAPTER III
COUNCIL OF STATE
90 Council of State
91 Competencies, organisation and functioning
of the Council of State
CHAPTER I
STATUS AND ELECTION
92 Definition
93 Election and composition
94 Immunities
CHAPTER II
COMPETENCE
95 Competence of the National Parliament
96 Legislative authorisation
97 Legislative initiative
98 Parliamentary appraisal of statutes
CHAPTER III
ORGANISATION AND FUNCTIONING
99 Legislative term
100 Dissolution
101 Attendance by members of the Government
CHAPTER IV
STANDING COMMITTEE
102 Standing Committee
CHAPTER I
DEFINITION AND STRUCTURE
103 Definition
104 Composition
105 Council of Ministers
CHAPTER II
FORMATION AND RESPONSIBILITY
106 Appointment
107 Responsibility of the Government
108 The Programme of the Government
109 Consideration of the Programme of
the Government by the National
Parliament
110 Request for vote of confidence
111 Vote of no confidence
112 Dismissal of the Government
113 Criminal liability of members of Government
114 Immunity for members of the Government
CHAPTER III
COMPETENCIES
115 Competencies of the Government
116 Competencies of the Council of Ministers
117 Competencies of the members of Government
TITLE V
COURTS, PUBLIC PROSECUTION
AND LAWYERS
CHAPTER I
COURTS
118 Jurisdiction
119 Independence
120 Review of unconstitutionality
121 Judges
122 Exclusiveness
123 Categories of courts
124 Supreme Court of Justice
125 Functioning and composition
126 Electoral and constitutional competence
127 Eligibility
128 Superior Council for the Judiciary
129 High Administrative, Tax and Audit
Court
130 Military courts
131 Court hearings
CHAPTER II
PUBLIC PROSECUTION
132 Function and status
133 Office of the Attorney-General
134 Superior Council for the Public Prosecution
CHAPTER III
LAWYERS
135 Lawyers
136 Guarantees in the activity of lawyers
TITLE VI
PUBLIC ADMINISTRATION
137 Public Administration general principles
PART IV
ECONOMIC
AND FINANCIAL ORGANISATION
TITLE I
GENERAL PRINCIPLES
138 Economic organisation
139 Natural resources
140 Investments
141 Land
TITLE II
FINANCIAL AND TAX
SYSTEM
142 Financial system
143 Central Bank
144 Tax system
145 State Budget
PART V
NATIONAL
DEFENCE AND SECURITY
146 Defence Force
147 Police and security forces
148 Superior Council for Defence and Security
PART VI
GUARANTEE
AND REVISION OF THE CONSTITUTION
TITLE I
GUARANTEE OF THE CONSTITUTION
149 Anticipatory review of constitutionality
150 Abstract review of constitutionality
151 Unconstitutionality by omission
152 Appeals on constitutionality
153 Decisions of the Supreme Court of
Justice
TITLE II
CONSTITUTIONAL REVISION
154 Initiative and time of revision
155 Approval and promulgation
156 Limits on matters of revision
157 Limits on time of revision
PART VII
FINAL
AND TRANSITIONAL PROVISIONS
158 Treaties, agreements and alliances
159 Working languages
160 Serious crimes
161 Illegal appropriation of assets
162 Reconciliation
163 Transitional judicial organisation
164 Transitional competence of the Supreme
Court of Justice
165 Previous law
166 Transformation of the Constituent
Assembly
167 Presidential election of 2002
168 Entry into force of the Constitution
CONSTITUTION OF THE DEMOCRATIC REPUBLIC OF EAST TIMOR
Section 1
(The Republic)
1. The Democratic
Republic of East Timor is a democratic, sovereign, independent and unitary
State based on the rule of law, the will of the people and the respect
for the dignity of the human person.
2. November
28th 1975 is the Day of Proclamation of Independence of the Democratic
Republic of East Timor.
Section 2
(Sovereignty and constitutionality)
1. Sovereignty
rests with the people, who shall exercise it in the manner and form laid
down in the Constitution.
2. The State
shall be subject to the Constitution and to the law.
3. The validity
of the laws and other actions of the State depend upon their compliance
with the Constitution.
4. The State
shall recognise customary laws of East Timor, subject to the Constitution
and to any legislation dealing specifically with customary law.
Section 3
(Citizenship)
1. There
shall be original citizenship and acquired citizenship in the Democratic
Republic of East Timor.
2. The following
citizens shall be considered original citizens of East Timor, as long as
they are born in the national territory:
a) Children
of parents born in East Timor;
b) Children
of a father or mother born in East Timor;
c) Children
of incognito parents, stateless parents or parents of unknown nationality;
d) Children
of a foreign father or mother who, being over seventeen years old, declare
their will to become East Timorese nationals.
3. The following citizens shall be considered original citizens of East Timor, even if they are born in a foreign country:
a) Children
of an East Timorese father or mother living overseas;
b) Children
of an East Timorese father or mother serving the State outside the country;
4. Acquisition, loss and reacquisition of citizenship, as well as its registration and proof, shall be regulated by law.
Section 4
(Territory)
1. The territory
of the Democratic Republic of East Timor comprises the land surface, the
maritime zone and the air space demarcated by the national boundaries that
historically comprise the eastern part of Timor Island, the enclave of
Oecussi, the island of Ataúro and the islet of Jaco.
2. The extent
and limits of territorial waters and the exclusive economic zone, and the
rights of East Timor to the adjacent seabed and continental shelf shall
be laid down in the law.
3. The State
shall not alienate any part of the East Timorese territory or the rights
of sovereignty over the land, without prejudice to rectification of borders.
Section 5
(Decentralisation)
1. On matters
of territorial organisation, the State shall respect the principle of decentralisation
of public administration.
2. The law
shall determine and establish the characteristics of the different territorial
levels and the administrative competencies of the respective organs.
3. Oecussi
Ambeno and Ataúro shall enjoy special administrative and economic
treatment.
Section 6
(Objectives of the State)
The fundamental objectives of the State
shall be:
a) To defend
and guarantee the sovereignty of the country;
b) To guarantee
and promote fundamental rights and freedoms of the citizens and the
respect for the principles of the democratic State based on the rule of
law;
c) To defend
and guarantee political democracy and participation of the people in the
resolution of national problems;
d) To guarantee
the development of the economy and the progress of science and technology;
e) To promote
the building of a society based on social justice, by establishing material
and spiritual welfare of the citizens;
f) To protect
the environment and to preserve natural resources;
g) To assert
and value the personality and the cultural heritage of the East Timorese
people;
h) To promote
the establishment and the development of relations of friendship and co-operation
among all Peoples and States;
i) To promote
the harmonious and integrated development of the sectors and regions and
the fair distribution of the national product;
j) To promote
an effective equality of opportunities between women and men.
Section 7
(Universal Suffrage and multi-party
system)
1. The people
shall exercise the political power through universal, free, equal, direct,
secret and periodic suffrage and through other forms laid down in the Constitution.
2. The State
shall value the contribution of political parties for the organised expression
of the popular will and for the democratic participation of the citizen
in the governance of the country.
Section 8
(International Relations)
1. On matters
of international relations, the Democratic Republic of East Timor shall
govern itself by the principles of national independence, the right of
the Peoples to self-determination and independence, the protection of human
rights, the mutual respect for sovereignty, territorial integrity and equality
among States and the non-interference in domestic affairs of other States.
2. The Democratic
Republic of East Timor shall establish relations of friendship and co-operation
with all other peoples, aiming at the peaceful settlement of conflicts,
the general, simultaneous and controlled disarmament, the establishment
of a system of collective security and establishment of a new international
economic order capable of ensuring peace and justice in the relations among
peoples.
3. The Democratic
Republic of East Timor shall maintain privileged ties with the countries
whose official language is Portuguese.
4. The Democratic
Republic of East Timor shall maintain special ties of friendship and co-operation
with its neighbouring countries and the countries of the region.
Section 9
(International law)
1. The legal system of
East Timor shall adopt the general or customary principles of international
law.
2. Rules provided for
in international conventions, treaties and agreements shall apply in the
internal legal system of East Timor following their approval, ratification
or accession by the respective competent organs and after publication in
the official gazette.
3. All rules that are
contrary to the provisions of international conventions, treaties and agreements
applied in the internal legal system of East Timor shall be invalid.
Section 10
(Solidarity)
1. The Democratic
Republic of East Timor shall extend its solidarity to the struggle of the
peoples for national liberation.
2. The Democratic
Republic of East Timor shall grant political asylum, in accordance with
the law, to foreigners persecuted as a result of their struggle for national
and social liberation, defence of human rights, democracy and peace.
Section 11
(Valorisation of Resistance)
1. The Democratic
Republic of East Timor acknowledges and values the secular resistance of
the Maubere People against foreign domination and the contribution of all
those who fought for national independence.
2. The State
acknowledges and values the participation of the Church in the process
of national liberation of East Timor.
3. The State
shall ensure special protection to war-disabled, orphans and other dependants
of those who dedicated their lives to the struggle for independence and
national sovereignty, and shall protect all those who participated in the
resistance against the foreign occupation, in accordance with the law.
4. The law
shall define the mechanisms for rendering tribute to the national heroes.
Section 12
(Relationship between the State and
religious denominations)
1. There
shall be no official religion of the State.
2. The State
shall respect the different religious denominations, which are free in
their organisation and in the exercise of their own activities, to take
place in due observance of the Constitution and the law.
3. The State
shall promote the cooperation with the different religious denominations
that contribute to the well-being of the people of East Timor.
4. The religious
denominations have the right to possess and to acquire assets for the achievement
of their objectives.
Section 13
(Official languages and national languages)
1. Tetum
and Portuguese shall be the official languages in the Democratic Republic
of East Timor.
2. Tetum
and the other national languages should be valued and developed by the
State.
Section 14
(National symbols)
1. The national
symbols of the Democratic Republic of East Timor shall be the flag, the
emblem and the national anthem.
2. The emblem and the
national anthem shall be approved by law.
Section 15
(National Flag)
1. The National Flag is rectangular and is formed by two isosceles triangles, the bases of which are overlapping. One triangle is black and its height is equal to one-third of the length overlapped to the yellow triangle, whose height is equal to half the length of the Flag. In the centre of the black triangle there is a white star of five ends, meaning the light that guides. The white star has one of its ends turned towards the upper right end of the flag. The remaining part of the flag is purple-red.
2. The colours mean:
Golden-yellow the wealth of the country;
Black the obscurantism that needs
to be overcome;
Purple-red the struggle for national
liberation;
White peace.
PART
II
FUNDAMENTAL RIGHTS, DUTIES,
FREEDOMS AND GUARANTEES
Section 16
(Universality and Equality)
1. All citizens
are equal before the law, shall exercise the same rights and shall be subject
to the same duties.
2. No one
shall be discriminated against on grounds of colour, race, marital status,
gender, ethnical origin, social or economic status, political or ideological
convictions, religion, education and physical or mental condition.
Section 17
(Equality between women and men)
Women and men shall have the same rights and duties in all areas of political, economic, social, cultural and family life.
Section 18
Child protection
1. Children
shall be entitled to special protection by the family, the community and
the State, particularly against all forms of abandonment, discrimination,
violence, oppression, sexual abuse and exploitation.
2. Children
shall enjoy all rights that are universally recognised, as well as all
those that are enshrined in international conventions normally ratified
or approved by the State.
3. Every
child born in or outside the wedlock shall enjoy the same rights and social
protection.
Section 19
(Youth)
1. The State
shall promote and encourage youth initiatives towards the consolidation
of national unity, reconstruction, defence and development of the country.
2. The State
shall promote education, health and vocational training for the youth as
may be practicable.
Section 20
(Old Age)
1. Every
old age citizen has the right to special protection by the State.
2. The old
age policy entails measures of economic, social and cultural nature designed
to provide the elderly with opportunities for personal achievement through
active and signifying participation in the community.
Section 21
(Disabled citizen)
1. A disabled citizen
shall enjoy the same rights and shall be subject to the same duties as
all other citizens, except for the rights and duties which he or she is
unable to exercise or fulfil due to his or her disability.
3. The State
shall promote the protection of disabled citizens as may be practicable
and in accordance with the law.
Section 22
(East Timorese citizens overseas)
East Timorese citizens who are or live
overseas shall enjoy protection by the State for the exercise of their
rights and shall be subject to duties not incompatible with their absence
from the country.
Section 23
(Interpretation of fundamental rights)
Fundamental rights enshrined in the Constitution shall not exclude any other rights provided for by the law and shall be interpreted in accordance with the Universal Declaration of Human Rights.
Section 24
(Restrictive laws)
1. Restriction
of rights, freedoms and guarantees can only be imposed by law in order
to safeguard other constitutionally protected rights or interests and in
cases clearly provided for by the Constitution.
2. Laws
restricting rights, freedoms and guarantees have necessarily a general
and abstract nature and may not reduce the extent and scope of the essential
contents of constitutional provisions and shall not have a retroactive
effect.
Section 25
(State of exception)
1. Suspension
of the exercise of fundamental rights, freedoms and guarantees shall only
take place if a state of siege or a state of emergency has been declared
as provided for by the Constitution.
2. A state
of siege or a state of emergency shall only be declared in case of effective
or impending aggression by a foreign force, of serious disturbance or threat
of serious disturbance to the democratic constitutional order, or of public
disaster.
3. A declaration
of a state of siege or a state of emergency shall be substantiated, specifying
rights, freedoms and guarantees the exercise of which is to be suspended.
4. A suspension
shall not last for more than thirty days, without prejudice of possible
justified renewal, when strictly necessary, for equal periods of time.
5. In no
case shall a declaration of a state of siege affect the right to life,
physical integrity, citizenship, non-retroactivity of the criminal law,
defence in a criminal case and freedom of conscience and religion.
6. Authorities
shall restore constitutional normality as soon as possible.
Section 26
(Access to courts)
1. Access
to courts is guaranteed to all for the defence of their legally protected
rights and interests.
2. Justice
shall not be denied for insufficient economic means.
Section 27
(Ombudsman)
1. The Ombudsman
shall be an independent organ in charge to examine and seek to satisfy
citizens complaints against public bodies, certify the conformity of the
acts with the law, prevent and initiate whole process to remedy injustice.
2. Citizens
may present complaints concerning acts or omissions on the part of public
bodies to the Ombudsman, who shall undertake a review, without power of
decision, and shall forward recommendations to the competent organs as
deemed necessary.
3. The Ombudsman
shall be appointed by the National Parliament through absolute majority
votes of its members for a term of office of four years.
4. The activity
the Ombudsman shall be independent from any means of grace and legal remedies
as laid down in the Constitution and the law.
5. Administrative
organs and public servants shall have the duty to collaborate with the
Ombudsman.
Section 28
(Right to resistance and self-defence)
1. Every
citizen has the right to disobey and to resist illegal orders or orders
that affect their fundamental rights, freedoms and guarantees.
2. The right
to self-defence is guaranteed to all, in accordance with the law.
TITLE II
PERSONAL RIGHTS, FREEDOMS AND GUARANTEES
Section 29
(Right to life)
1. Human life is inviolable.
2. The State shall recognise and guarantee
the right to life.
3. There shall be no death penalty in
the Democratic Republic of East Timor.
Section 30
(Right to personal freedom, security
and integrity)
1. Every one has the
right to personal freedom, security and integrity.
2. No one
shall be arrested or detained, except under the terms clearly provided
for by applicable law, and the order of arrest or detention should always
be presented for consideration by the competent judge within the legal
timeframe.
3. Every
individual who loses his or her freedom shall be immediately informed,
in a clear and precise manner, of the reasons for his or her arrest or
detention as well as of his or her rights, and allowed to contact a lawyer,
directly or through a relative or a trusted person.
4. No one
shall be subjected to torture and cruel, inhuman or degrading treatment.
Section 31
(Application of criminal law)
1. No one
shall be subjected to trial, except in accordance with the law.
2. No one
shall be tried and convicted for an act that does not qualify in the law
as a criminal offence at the moment it was committed, nor endure security
measures the provisions of which are not clearly established in previous
law.
3. Penalties
or security measures not clearly provided for by law at the moment the
criminal offence was committed shall not be enforced.
4. No one
shall be tried and convicted for the same criminal offence more than once.
5. Criminal
law shall not be enforced retroactively, except if the new law is in favour
of the accused.
6. Anyone
who has been unjustly convicted has the right to a fair compensation in
accordance with the law.
Section 32
(Limits on sentences and security measures)
1. There
shall be no life imprisonment nor sentences or security measures lasting
for unlimited or indefinite period of time in the Democratic Republic of
East Timor.
2. In case
of danger as a result of mental illness, security measures may be successively
extended by judicial decision.
3. Criminal
liability is not transmissible.
4. Persons
who are subjected, on conviction, to a sentence or a security measure involving
loss of freedom remain entitled to their fundamental rights, subject to
the limitations that necessarily derive from that conviction and from the
requirements for its enforcement.
Section 33
(Habeas corpus)
1. Everyone who illegally
loses his or her freedom has the right to apply for habeas corpus.
2. An application for
habeas corpus shall be made by the detainee or by any other person in the
exercise of his or her civil rights, in accordance with the law.
3. The court shall rule
on the application for habeas corpus within 8 days at a hearing in the
presence of both parties.
Section 34
(Guarantees in criminal proceedings)
1. Everyone
charged with an offence is presumed innocent until convicted.
2. An accused
person has the right to select, and be assisted by, a lawyer at all stages
of the proceedings and the law shall determine the circumstances for which
the presence of the lawyer is mandatory.
3. Every
individual is guaranteed the inviolable right of hearing and defence in
criminal proceedings.
4. Evidence
is of no effect if obtained by torture, coercion, infringement of the physical
or moral integrity of the individual, or wrongful interference with private
life, the home, correspondence or other forms of communication.
Section 35
(Extradition and expulsion)
1. Extradition
shall only take place following a court decision.
2. Extradition
on political grounds is prohibited.
3. Extradition
in respect of offences punishable, under the law of the requesting State,
by death penalty or life imprisonment or whenever there are grounds to
assume that the person to be extradited may be subjected to torture and
inhuman, degrading and cruel treatment, shall not be permitted.
4. An East
Timorese national shall not be expelled or expatriated from the national
territory.
Section 36
(Right to honour and privacy)
Every individual has the right to honour, good record and reputation, protection of his or her public image and privacy of his or her personal and family life.
Section 37
(Inviolability of home and correspondence)
1. Any person’s home
and the privacy of his or her correspondence and other means of private
communication are inviolable, except in cases provided for by law as a
result of criminal proceedings.
2. A person’s
home shall not be entered against his or her will, except under the written
order of a competent judicial authority and in the cases and manner prescribed
by law.
3. Entry into any person’s
home at night against his or her will is clearly prohibited, except in
case of serious threat to life or physical integrity of somebody inside
the home.
Section 38
(Protection of personal data)
1. Every
citizen has the right to access personal data stored in a computer system
or entered into mechanical or manual records regarding him or her, and
he or she may require correction and up-date thereof and has the right
to know their purpose.
2. The law
shall determine the concept of personal data, as well as the conditions
applicable to the processing thereof.
3. The processing
of personal data on private life, political and philosophical convictions,
religious faith, party or trade union membership and ethnical origin, without
the consent of the interested person, is prohibited.
Section 39
(Family, marriage and maternity)
1. The State
shall protect the family as the society’s basic unit and a condition for
the harmonious development of the individual.
2. Every
one has the right to establish and live in a family.
3. Marriage
shall be based upon free consent by the parties and on terms of full equality
of rights between spouses, in accordance with the law.
4. Maternity
shall be dignified and protected, and special protection shall be guaranteed
to all women during pregnancy and after delivery and working women shall
have the right to be exempted from the workplace for an adequate period
before and after delivery, without loss of remuneration or any other benefits,
in accordance with the law.
Section 40
(Freedom of speech and information)
1. Every
citizen has the right to freedom of speech and the right to inform and
be informed impartially.
2. The exercise
of freedom of speech and information shall not be limited by any sort of
censorship.”
3. The exercise
of rights and freedoms referred to in this Section shall be regulated by
law based on the imperative of respect for the Constitution and the dignity
of the human person.
Section 41
(Freedom of the press and mass media)
1. Freedom
of the press and other mass media is guaranteed.
2. Freedom
of the press shall comprise, namely, the freedom of speech and creativity
for journalists, the access to information sources, editorial freedom,
protection of independence and professional confidentiality, and the right
to create newspapers, publications and other means of broadcasting.
3. The monopoly
on the mass media shall be prohibited.
4. The State
shall guarantee the freedom and independence of the public mass media from
political and economic powers.
5. The State
shall guarantee the existence of a public radio and television service
that is impartial in order to, inter-alia, protect and disseminate the
culture and the traditional values of the Democratic Republic of East Timor
and guarantee opportunities for the expression of different lines of opinion.
6. Radio
and television stations shall operate only under a licence, in accordance
with the law.
Section 42
(Freedom to assemble and demonstrate)
1. Every
citizen is guaranteed the freedom to assemble peacefully and unarmed, without
a need for prior authorisation.
2. Everyone
is recognised the right to demonstrate in accordance with the law.
Section 43
(Freedom of association)
1. Every citizen shall
enjoy freedom of association provided that the association is not intended
to promote violence and is in accordance with the law.
2. No one shall be compelled
to join an association or to remain in it against his or her will.
3. The establishment
of armed, military or paramilitary associations, including organisations
of a racist or xenophobic nature or that promote terrorism, shall be prohibited.
Section 44
(Freedom of movement)
1. Every
citizen has the right to move freely and to settle anywhere in the national
territory.
2. Every
citizen is guaranteed the right to emigrate freely and to return to the
country.
Section 45
(Freedom of conscience, religion and
worship)
1. Every
person is guaranteed the freedom of conscience, religion and worship and
the religious denominations are separated from the State.
2. No one
shall be persecuted or discriminated against on the basis of his or her
religious convictions.
3. The right
to be a conscientious objector shall be guaranteed in accordance with the
law.
4. Freedom
to teach any religion in the framework of the respective religious denomination
is guaranteed.
Section 46
(Right to political participation)
1. Every
citizen has the right to participate in the political life and in the public
affairs of the country, either directly or through democratically elected
representatives.
2. Every
citizen has the right to establish and to participate in political parties.
3. The State
shall value the contribution of the political parties to the organised
expression of the will of the people and to the democratic participation
of the citizen in the governance of the country.
4. The establishment
and organisation of political parties shall be regulated by law.
Section 47
(Right to vote)
1. Every
citizen over the age of seventeen has the right to vote and to be elected.
2. The exercise
of the right to vote is personal and constitutes a civic duty.
Section 48
(Right to petition)
Every citizen has the right to submit, individually or jointly with others, petitions, complaints and claims to organs of sovereignty or any authority for the purpose of defending his or her rights, the Constitution, the law or general interests.
Section 49
(Defence of Sovereignty)
1. Every
citizen has the right and the duty to contribute towards the defence of
independence, sovereignty and territorial integrity of the country.
2. Serving
in the army shall take place in accordance with the law.
TITLE III
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
AND DUTIES
Section 50
(Right to work)
Every citizen, regardless of gender, has
the right and the duty to work and to choose freely his or her profession.
The worker has the right to labour safety
and hygiene, remuneration, rest and vacation.
Dismissal without just cause or on political,
religious and ideological grounds is prohibited.
Compulsory work, without prejudice to
the cases provided for under penal legislation, is prohibited.
The State shall promote the establishment
of co-operatives of production and shall lend support to household businesses
as sources of employment.
Section 51
(Right to strike and prohibition of
lock-out)
1. Every
worker has the right to resort to strike, the exercise of which shall be
regulated by law.
2. The law
shall determine the conditions under which services are provided, during
a strike, that are necessary for the safety and maintenance of equipment
and facilities, as well as minimum services that are necessary to meet
essential social needs.
3. Lock-out
is prohibited.
Section 52
(Trade union freedom)
1. Every
worker has the right to form or join trade unions and professional associations
in defence of his or her rights and interests.
2. Trade
union freedom is sub-divided, namely, into freedom of establishment, freedom
of membership and freedom of organisation and internal regulation.
3. Trade
unions and trade union associations shall be independent of the State and
the employers.
Section 53
(Consumer rights)
1. Consumers
have the right to goods and services of good quality, to truthful information
and protection of their health, safety and economic interests, and to reparation
for damages.
2. Advertising
shall be regulated by law, and all forms of concealed, indirect or misleading
advertising are prohibited.
Section 54
(Right to private property)
1. Every
individual has the right to private property and can transfer it during
his or her lifetime or on death, in accordance with the law.
2. Private
property should not be used to the detriment of its social purpose.
3. Requisitioning
and expropriation of property for public purposes shall only take place
following compensation in accordance with the law.
4. Only
national citizens have the right to ownership of land.
Section 55
(Obligations of the Taxpayer)
Every citizen with a certified income has the duty to pay tax in order to contribute to public revenues.
Section 56
(Social security and assistance)
1. Every
citizen is entitled to social assistance and security in accordance with
the law.
2. The State
shall promote, in accordance with its national resources, the establishment
of a social security system.
3. The State
shall support and supervise the activity and functioning of institutions
of social solidarity and other non-profit institutions of recognised public
interest, in accordance with the law.
Section 57
(Health)
1. The State
shall recognise the right of every citizen to health and medical care.
2. The State
shall promote the establishment of a national health service that is universal
and general. The national health service shall be free of charge
in accordance with the possibilities of the State and in conformity with
the law.
3. The national
health service shall have, as much as possible, a decentralised participatory
management.
Section 58
(Housing)
Everyone has the right to a house, both for himself or herself and for his or her family, of adequate size that meets satisfactory standards of hygiene and comfort and preserves personal intimacy and family privacy.
Section 59
(Education and culture)
The State shall recognise and guarantee
that every citizen has the right to education and culture, and it is incumbent
upon it to promote the establishment of a public system of universal and
compulsory basic education that is free of charge in accordance with its
possibilities and in conformity with the law.
Everyone has the right to equal opportunities
for education and vocational training.
The State shall recognise and supervise
private and co-operative education.
The State should ensure the access of
every citizen, in accordance to their abilities, to the highest levels
of education, scientific research and artistic creativity.
Everyone has the right to cultural enjoyment
and creativity and the duty to preserve, protect and value cultural heritage.
Section 60
(Intellectual Property)
The State shall guarantee and protect the creation, production and commercialisation of literary, scientific and artistic work, including the legal protection of copyrights.
Section 61
(Environment)
1. Everyone
has the right to a humane, healthy, and ecologically balanced environment
and the duty to protect it and improve it for the benefit of the future
generations.
2. The State
shall recognise the need to preserve and rationalise natural resources.
3. The State
should promote, in accordance with its capacities, actions aimed at protecting
the environment and safeguarding the sustainable development of the economy.
PART
III
ORGANIZATION OF POLITICAL
POWER
Section 62
(Source and exercise of political power)
Political power belongs to the people and is exercised in accordance with the terms of the Constitution.
Section 63
(Participation by citizens in political
life)
1. Direct
and active participation by men and women in political life is a requirement
of, and a fundamental instrument for consolidating, the democratic system.
2. The law
shall promote equality in the exercise of civil and political rights and
non-discrimination on the basis of gender for access to political positions.
Section 64
(Principle of Renewal)
No one shall hold any political office for life, or for indefinite periods of time.
Section 65
(Elections)
1. Elected
organs of sovereignty and of local government shall be chosen by free,
direct, secret, personal and regular universal suffrage.
2. Registration
of voters shall be compulsory and officially initiated, single and universal,
to be up-dated for each election.
3. Electoral
campaigns shall be governed in accordance with the following principles:
a) Freedom
to canvass;
b) Equality
of opportunity and treatment for all candidacies;
c) Impartiality
towards candidacies on the part of public bodies;
d) Transparency
and supervision of electoral expenses.
4. Conversion of the votes into mandates
shall observe the principle of proportional representation;
5. The electoral process
shall be regulated by law.
Article 66
(Referendum)
1. Voters
who are registered in the national territory may be called upon to express
their opinions in a referendum on issues of relevant national interest.
2. A referendum
shall be called by the President of the Republic, following a proposal
by one third, and deliberation approved by a two thirds majority, of the
Members of the National Parliament, or following a well-founded proposal
by the Government.
3. Matters
falling under the exclusive competence of the Parliament, the Government
and the Courts as defined by the Constitution shall not be the subject
of a referendum.
4. The process
of a referendum shall be defined by law.
Section 67
(Organs of Sovereignty)
The organs of sovereignty shall comprise the President of the Republic, the National Parliament, the Government and the Courts.
Section 68
(Incompatibilities)
1. The holding
of the offices of President of the Republic, Speaker of the National Parliament,
President of the Supreme Court of Justice, President of the High Administrative,
Tax and Audit Court, Attorney-General and member of Government shall be
incompatible with one another.
2. The law
shall define other incompatibilities.
Section 69
(Principle of separation of powers)
Organs of sovereignty, in their reciprocal relationship and exercise of their functions, shall observe the principle of separation and interdependence of powers established in the Constitution.
Section 70
(Political parties and the right of
opposition)
1. Political
parties shall participate in organs of political power in accordance with
their democratic representation based on direct and universal suffrage.
2. The right
of political parties to democratic opposition, as well as the right to
be informed regularly and directly on the progress of the main issues of
public interest, shall be recognised.
Section 71
(Administrative organisation)
1. The central
government should be represented at the different administrative levels
of the country.
2. Oecussi
Ambeno shall be governed by a special administrative policy and economic
regime.
3. Ataúro
shall enjoy an appropriate economic status.
4. The political
and administrative organisation of the territory of the Democratic Republic
of East Timor shall be defined by law.
Article 72
(Local government)
1. Local
government is constituted by corporate bodies vested with representative
organs, with the objective of organising the participation by citizens
in solving the problems of their own community and promoting local development
without prejudice to the participation by the State.
2. The organisation,
competence, functioning and composition of the organs of local government
shall be defined by law.
Section 73
(Publication of legislation and decisions)
1. Legislation
and decisions shall be published by the organs of sovereignty in the official
gazette.
2. Failure
to publish any of the legislation or decisions specified in item 1 above
or decisions of a general nature taken by the organs of sovereignty or
local government shall render them null and void.
3. The form
of publication of other legislation and decisions, and the consequences
of the failure to do so, shall be determined by law.
TITLE II
PRESIDENT OF THE REPUBLIC
CHAPTER I
STATUS, ELECTION AND APPOINTMENT
Section 74
(Definition)
1. The President
of the Republic is the Head of State and the symbol and guarantor of national
independence and unity of the State and of the smooth functioning of democratic
institutions.
2. The President
of the Republic is the Supreme Commander of the Defence Force.
Section 75
(Eligibility)
1. To stand as presidential candidates, East Timorese citizens should meet cumulatively the following requirements:
a) original
citizenship;
b) at least
35 (Thirty -five) years of age;
c) to be
in possession of his or her full faculties;
d) to be
proposed by a minimum of five thousand voters.
2. The President
of the Republic has a term of office of 5 years and shall cease his or
her functions with the swearing-in of the new President-elect.
3. The President
of the Republic’s term of office may be renewed only once.
Section 76
(Election)
1. The President
of the Republic shall be elected by universal, free, direct, secret, and
personal suffrage.
2. The election
of the President of the Republic shall be conducted through the system
based on the majority of valid expressed votes, excluding blank votes.
3. Where
no candidate gets more than half of the votes, a second round shall take
place on the 30th day following the first voting.
4. Only
the two candidates obtaining the highest number of votes shall be eligible
to stand in a run-off election, provided they have not withdrawn their
candidacies.
Section 77
(Inauguration and swearing-in)
The President of the Republic shall be
sworn in by the Speaker of the National Parliament and shall be inaugurated
in public ceremony before the members of the National Parliament and the
representatives of the other organs of sovereignty.
The inauguration shall take place on the
last day of the term of office of the outgoing President or, in case of
election due to vacancy, on the eighth day following the publication of
the electoral results.
At the swearing-in ceremony, the President
of the Republic shall take the following oath:
“I swear on my honour to respect and enforce
the Constitution and the laws and dedicate all my energies to the defence
and consolidation of independence and national unity.”
Section 78
(Incompatibilities)
The President of the Republic shall not hold any other political position or public office at the national level, and under no circumstances shall he or she undertake private assignments.
Section 79
(Criminal liability and Constitutional
Obligations)
1. The President of the
Republic shall enjoy immunity in the exercise of his or her functions.
2. The President of
the Republic shall be answerable before the Supreme Court of Justice for
crimes committed in the exercise of his or her functions and for clear
violation of his or her constitutional obligations.
3. It is the incumbent
upon the National Parliament to initiate the criminal proceedings, following
a proposal made by one-fifth, and deliberation approved by a two-third
majority, of its Members.
The Plenary of the Supreme Court of Justice
shall issue a judgement within a maximum of 30 days.
5. Conviction shall result
in forfeiture of office and disqualification from re-election.
6. For crimes not committed
in the exercise of his or her functions, the President of the Republic
shall also be answerable before the Supreme Court of Justice, and forfeiture
of office shall only occur in case of sentence to prison.
7. In the cases provided
for under the previous item, immunity shall be withdrawn at the initiative
of the National Parliament in accordance with provisions of item 2 of this
Section.
Section 80
(Absence)
1. The President
of the Republic shall not be absent from the national territory without
the previous consent of the National Parliament or of its Standing Committee,
if Parliament is in recession.
2. Failure
to observe provision of item 1 above shall imply forfeiture of the office,
as provided for by the previous Section.
3. The President
of the Republic’s private visits not exceeding fifteen days shall not require
the consent of the National Parliament. Nonetheless, the President of the
Republic should notify the National Parliament of such visits in advance.
Section 81
(Resignation of Office)
1. The President
of the Republic may resign from office by message addressed to the National
Parliament.
2. Resignation
shall take effect once the message is made known to the National Parliament
without prejudice to its subsequent publication in the official gazette.
3. Where
the President of the Republic resigns from office, he or she shall not
be eligible to stand for presidential elections immediately after resignation
nor in the regular elections to be held after five years.
Section 82
(Death, resignation or permanent disability)
1. In case of death,
resignation or permanent disability of the President of the Republic, his
or her functions shall be taken over on an interim basis by the Speaker
of the National Parliament, who shall be sworn in by the Speaker a.i. of
the National Parliament before the Members of the National Parliament and
representatives of the organs of sovereignty.
2. Permanent disability
shall be declared by the Supreme Court of Justice, which shall also have
the responsibility to confirm the death of the President of the Republic
and the vacancy of office resulting therefrom.
3. The election of a
new President of the Republic in case of death, resignation or permanent
disability should take place within the subsequent ninety days, after certification
or declaration of death, resignation or permanent disability.
4. The President
of the Republic shall be elected for a new term of office.
5. In case
of refusal by the President-elect to take office or in case of his or her
death or permanent disability, the provisions of this Section shall apply.
Section 83
(Exceptional Cases)
1. Where death, resignation
or permanent disability occur in the imminence of exceptional situations
of war or protracted emergency, or of an insurmountable difficulty of a
technical or material nature, to be defined by law, preventing the holding
of a presidential election by universal suffrage as provided for by Section
76, the new President of the Republic shall be elected by the Parliament
from among its members within the ninety subsequent days.
2. In the cases referred
to in the previous item, the President-elect shall serve for the remainder
of the interrupted term and he or she can run for the new election.
Section 84
(Replacement and interim office)
1. During
temporary impediment of the President of the Republic, the presidential
functions shall be taken over by the Speaker of National Parliament or,
in case of impediment of the latter, by his or her replacement.
2. The parliamentary
mandate of the Speaker of the National Parliament or of his or her
replacement shall be automatically suspended over the period of time in
which he or she holds the office of President of the Republic on an interim
basis.
3. The parliamentary
functions of the replacing or interim President of the Republic shall be
temporarily taken over in accordance with the Rules of Procedures of the
National Parliament.
CHAPTER II
COMPETENCIES
Section 85
(Competencies)
It is exclusively incumbent upon the President
of the Republic:
a) To promulgate statutes and order the
publication of resolutions by the National Parliament approving
agreements and ratifying international treaties and conventions;
b) Exercise competencies inherent to the
functions of Supreme Commander of the Defence Force;
c) To exercise the right of veto
regarding any statutes within 30 days from the date of their receipt;
d) To appoint and swear in the Prime Minister
designated by the party or alliance of parties with the highest number
of members after consultation with political parties sitting in the National
Parliament;
e) To request the Supreme Court of Justice
to undertake preventive appraisal and abstract review of the constitutionality
of the rules, as well as verification of unconstitutionality by omission.
f) To submit relevant issues of national
interest to a referendum as laid down in Section 66;
g) To declare the state of siege or the
state of emergency following authorisation of the National Parliament,
after consultation with the Council of State, the Government and the Supreme
Council of Defence and Security;
h) To declare war and make peace following
a Government proposal, after consultation with the Council of State and
the Supreme Council of Defence and Security under authorisation of the
National Parliament;
i) To grant pardons and commute sentences
after consultation with the Government;
j) To award honorary titles, decorations
and merits in accordance with the law.
Section 86
(Competencies with regard to other
organs)
It is incumbent upon the President of the
Republic, with regard to other organs:
a) To chair the Supreme Council of Defence
and Security;
b) To chair the Council of State;
c) To set dates for presidential and legislative
elections in accordance with the Law;
d) To request the convening of extraordinary
sessions of the National Parliament, whenever imperative reasons of national
interest so justify;
e) To address messages to the National
Parliament and the country;
f) To dissolve the National Parliament
in case of a serious institutional crisis preventing the formation of a
government or the approval of the State Budget and lasting more than sixty
days, after consultation with political parties sitting in the Parliament
and with the Council of State, on pain of rendering the dissolution null
and void, taking into consideration provisions of Section 100;
g) To dismiss the Government and remove
the Prime Minister from office after the National Parliament has rejected
his or her programme for two consecutive times.
h) To appoint, swear in and remove Government
Members from office, following a proposal by the Prime-Minister, in accordance
with item 2, Section 106;
i) To appoint two members for the Supreme
Council of Defence and Security;
j) To appoint the President of the Supreme
Court of Justice and swear in the President of the High Administrative,
Tax and Audit Court;
k) To appoint the Attorney-General for
a term of four years;
l) To appoint and dismiss the Deputy Attorney-Generals
in accordance with item 6, Section 133;
m) To appoint and dismiss, following proposal
by the Government, the General Chief of Staff of the Defence Force, the
Deputy General Chief of Staff of the Defence Force, and the Chiefs of Staff
of the Defence Force, after consultation with the General Chief of Staff
regarding the latter two cases;
n) To appoint five Members for the Council
of State;
o) To appoint one member for the Superior
Council the Judiciary and for the Superior Council for the Public Prosecution.
Section 87
(Competencies with regard to International
Relations)
It is incumbent upon the President the
Republic, in the field of international relations:
a) To declare
war in case of effective or imminent aggression and make peace, following
proposal by the Government, after consultation with the Supreme Council
for Defence and Security and following authorisation of the National Parliament
or of its Standing Committee.
b) To appoint
and dismiss ambassadors, permanent representatives and special envoys,
following proposal by the Government;
c) To receive
credential letters and accredit foreign diplomatic representatives;
d) Conduct,
in consultation with the Government, any negotiation process
towards the completion of international agreements in the field of defence
and security.
Section 88
(Promulgation and veto)
1. Within
thirty days after receiving any statute from the National Parliament for
the purpose of its promulgation as law, the President of the Republic shall
either promulgate the statute or exercise the right of veto, in which case
he or she, based on substantive grounds, shall send a message to the National
Parliament requesting a new appraisal of the statute.
2. If, within
ninety days, the National Parliament confirms its vote by an absolute majority
of its Members in full exercise of their functions, the President of the
Republic shall promulgate the statute within eight days after receiving
it.
3. However,
a majority of two-thirds of the Members present shall be required to ratify
statutes on matters provided for in Section 95 where that majority exceeds
an absolute majority of the Members in full exercise of their functions.
4. Within
forty days after receiving any statute from the Government for the purpose
of its promulgation as law, the President of the Republic shall either
promulgate the instrument or exercise the right of veto, by way of a written
communication to the Government containing the reasons for the veto.
Section 89
Powers of an interim President of the
Republic
An interim President of the Republic does not have any of the powers specified in following items f), g), h), i), j), k), l), m), n) and o) of Section 86.
CHAPTER III
COUNCIL OF STATE
Section 90
(Council of State)
1. The Council of State
is the political advisory body of the President of the Republic and shall
be headed by him or herself.
2. The Council of State
shall comprise:
a) Former
Presidents of the Republic who were not removed from office;
b) The Speaker
of the National Parliament;
c) The Prime
Minister;
d) Five
citizens elected by the National Parliament in accordance with the principle
of proportional representation and for the period corresponding to the
legislative term, provided that they are not members of the organs of sovereignty.
e) Five
citizens designated by the President of the Republic for the period corresponding
to the term of office of the President, provided that they are not members
of the organs of sovereignty.
Section 91
(Competence, organisation and functioning
of the Council of State)
1. It is incumbent upon the Council of State:
a) Express
its opinion on the dissolution of the National Parliament;
b) Express
its opinion on the dismissal of the Government;
c) Express
its opinion on the declaration of war and the making of peace;
d) Express
its opinion on any other cases set out in the Constitution and advise the
President of the Republic in the exercise of his or her functions, as requested
by the President;
e) To prepare
and approve its Rules of Procedures;
2. The meetings
of the Council of State shall not be open to the public.
3. The organisation
and functioning of the Council of State shall be established by law.
CHAPTER I
STATUS AND ELECTION
Section 92
(Definition)
The National Parliament is the organ of sovereignty of the Democratic Republic of East Timor that represents all Timorese citizens and is vested with legislative, fiscal and political decision powers.
Section 93
(Election and composition)
1. The National
Parliament shall be elected by universal, free, direct, equal, secret and
personal suffrage.
2. The National
Parliament shall be made up of a minimum of fifty-two and a maximum of
sixty-five Members.
3. The law
shall establish the rules relating to constituencies, eligibility conditions,
nominations and electoral procedures.
4. Members
of the National Parliament shall have a term of office of five years.
Section 94
(Immunities)
1. The Members
of National Parliament shall not be held liable for civil, criminal or
disciplinary proceedings in regard to votes and opinions expressed by them
while performing their functions.
2. Parliamentary
immunities may be withdrawn in accordance with the Rules of Procedures
of the National Parliament.
CHAPTER II
COMPETENCE
Section 95
(Competence of the National Parliament)
1. It is
incumbent upon the National Parliament to make laws on basic issues of
the country’s domestic and foreign policy.
2. It is
exclusively incumbent upon the National Parliament to make laws on:
a) The borders
of the Democratic Republic of East Timor, in accordance with Section 4;
b) The limits
of the territorial waters, of the exclusive economic area and of the rights
of East Timor to the adjacent sea bed;
c) National
symbols, in accordance with item 2 of Section 14;
d) Citizenship;
e) Rights,
freedoms and guarantees;
f) The status
and capacity of people, family law and descent law;
g) Territorial
division;
h) The electoral
law and the referendum system;
i) Political
parties and associations;
j) The status
of Members of the National Parliament;
k) The status
of office holders in the organs of State;
l) The bases
for the education system;
m) The bases
for the health and social security system;
n) The suspension
of constitutional guarantees and the declaration of the state of siege
and the state of emergency;
o) The Defence
and Security policy;
p) The tax
policy;
q) The budget
system.
3. It is also incumbent on the National Parliament:
a) To ratify
the appointment of the President of the Supreme Court of Justice and of
the High Administrative, Tax and Audit Court;
b) To deliberate
on progress reports submitted by the Government;
c) To elect
one member for the Superior Council for the Judiciary and the Superior
Council of the Public Persecution;
d) To deliberate
on the State Plan and Budget and the execution report thereof;
e) To monitor
the execution of the State budget;
f) To approve
and denounce agreements and ratify international treaties and conventions;
g) To grant
amnesty;
h) To give
consent to trips by the President of the Republic in accordance with Section
80;
i) To approve
revisions of the Constitution by a majority of two thirds of the Members
of Parliament;
j) To authorise
and confirm the declaration of the state of siege or the state of emergency;
k) To propose
to the President of the Republic the submission to referendum of issues
of national interest.
4. It is also incumbent upon the National Parliament:
a) To elect
its Speaker and other members of the Chair;
b) To elect
five members for the Council of State;
c) To prepare
and approve its Rules of Procedure;
d) To set
up the Standing Committee and establish the other parliamentary Committees.
Section 96
(Legislative authorisation)
1. The National Parliament may authorise the Government to make laws on the following matters:
a) Definition
of crimes, sentences, security measures and respective prerequisites;
b) Definition
of civil and criminal procedure;
c) Organisation
of the Judiciary and status of magistrates;
d) General
rules and regulations for the public service, the status of the civil servants
and the responsibility of the State;
e) General
bases for the organisation of public administration;
f) Monetary
system;
g) Banking
and financial system;
h) Definition
of the bases for a policy on environment protection and sustainable development;
i) General
rules and regulations for radio and television broadcasting and other mass
media;
j) Civic
or military service;
k) General
rules and regulations for requisition and expropriation for public purposes;
l) Means
and ways of intervention, expropriation, nationalisation and privatisation
of means of production and soils on grounds of public interest, as well
as criteria for the establishment of compensations.
2. Laws on legislative
authorisation shall define the subject, sense, scope and duration of the
authorisation, which may be renewed.
3. Laws
on legislative authorisation shall not be used more than once and shall
lapse with the dismissal of the Government, with the end of the legislative
term or with the dissolution of the National Parliament.
Section 97
(Legislative initiative )
1. The power to initiate laws lies with:
a) The Members
of Parliament;
b) The parliamentary
groups;
c) The Government.
2. There
shall be no submission of bills, draft legislation or amendments involving,
in any given fiscal year, any increase in State expenditure or any reduction
in State revenues provided for in the Budget or Rectifying Budgets.
3. Bills
and draft legislation that have been rejected shall not be
re-introduced in the same legislative
session in which they have
been tabled.
4. Bills
and draft legislation that have not been voted on shall not need to be
re-introduced in the ensuing legislative session, except in case of end
of the legislative term.
5. Draft
legislation shall lapse with the dismissal of the Government.
Section 98
(Parliamentary appraisal of statutes)
1. Statutes
other than those approved under the exclusive legislative powers of the
Government may be submitted to the National Parliament for appraisal, for
purposes of terminating their validity or for amendment, following a petition
of one-fifth of the Members of Parliament and within thirty days following
their publication. This timeframe shall exclude the days when the
functioning of the National Parliament is suspended.
2. The National
Parliament may suspend, in part or in full, the force of a statute until
it is appraised.
3. The suspension
shall lapse after the National Parliament has held 10 plenary meetings
without taking a final decision.
4. Where
termination of validity is approved, the statute shall cease to be in force
from the date of the publication of the resolution in the Official Gazette,
and it shall not be published again in the same legislative session.
5. The process
shall lapse if, after a statute has been submitted for appraisal, the National
Parliament takes no decision on it, or, having decided to make amendments,
it does not approve a law to that effect before the corresponding legislative
session ends, provided 15 plenary meetings have been held.
CHAPTER III
ORGANISATION AND FUNCTIONING
Section 99
(Legislative term)
1. The legislative
term shall comprise five legislative sessions, and each legislative session
shall have the duration of one year.
2. The regular
period of functioning of the National Parliament shall be defined by the
Rules of Procedure.
3. The National
Parliament convenes on a regular basis following notice by its Speaker.
4. The National
Parliament convenes on an extraordinary basis whenever so deliberated by
the Standing Committee, at the request of one third of Members or following
notice of the President of the Republic with a view to addressing specific
issues.
5. In case
of dissolution, the elected National Parliament shall commence a new legislative
term, the length of which shall be increased by the time needed to complete
the legislative session in progress at the date of the election.
Section 100
(Dissolution)
1. The National Parliament
shall not be dissolved during the 6 months immediately following its election,
during the last half-year of the term of office of the President of the
Republic or during a state of siege or a state of emergency, on pain of
rendering the act of dissolution null and void.
2. The dissolution of the
National Parliament does not affect the continuance in office of its Members
until the first meeting of the National Parliament after the ensuing election.
Section 101
(Attendance by Members of the Government)
1. Members
of the Government have the right to attend plenary sessions of the National
Parliament and may take the floor as provided for in the rules of procedures.
2. Sittings
shall be fixed at which members of the Government shall be present to answer
questions from Members of Parliament in accordance with the Rules of Procedure.
3. The National
Parliament or its Committees may request members of the Governments to
take part in their proceedings.
CHAPTER IV
STANDING COMMITTEE
Section 102
(Standing Committee)
1. The Standing
Committee shall sit when the National Parliament is dissolved or in recession
and in the other cases provided for in the Constitution;
2. The Standing
Committee shall be presided over by the Speaker of the National Parliament
and shall be comprised of Deputy Speakers and Parliament Members designated
by the parties sitting in the Parliament in accordance with their respective
representation.
3. It is
incumbent upon the Standing Committee:
a) To follow-up
the activities of the Government and the Public Administration;
b) To co-ordinate
the activities of the Committees of the National Parliament;
c) To take
steps for the convening of Parliament whenever deemed necessary;
d) To prepare
and organise sessions of the National Parliament;
e) To give
its consent regarding trips by the President of the Republic in accordance
with Section 80;
f) To lead
relations between the National Parliament and similar parliaments and institutions
of other countries;
g) To authorise
the declaration of the state of siege or the state of emergency.
CHAPTER I
DEFINITION AND STRUCTURE
Section 103
(Definição)
The Government is the organ of sovereignty responsible for conducting and executing the general policy of the country and is the supreme organ of Public Administration.
Section 104
(Composition)
1. The Government
shall comprise the Prime Minister, the Ministers and the Secretaries of
State.
2. The Government
may include one or more Deputy Prime Ministers and Deputy Ministers.
3. The number,
titles and competencies of ministries and secretariats of State shall be
laid down in a Government statute.
Section 105
(Council of Ministers)
1. The Council
of Ministers shall comprise the Prime Minister, the Deputy Prime Ministers,
if any, and the Ministers.
2. The Council
of Ministers shall be convened and chaired by the Prime Minister.
3. The Deputy
Ministers, if any, and the Secretaries of State may be required to attend
meetings of the Council of Ministers, without a right to vote.
CHAPTER II
FORMATION AND RESPONSIBILITY
Section 106
(Appointment)
1. The Prime
Minister shall be designated by the political party or alliance of political
parties with the highest number of votes and shall be appointed by the
President of the Republic, after consultation with the political parties
sitting in the National Parliament.
2. The remaining
members of the Government shall be appointed by the President of the Republic
following proposal by the Prime Minister.
Section 107
(Responsibility of the Government)
The Government shall be accountable to the President of the Republic and to the National Parliament for conducting and executing the domestic and foreign policy in accordance with the Constitution and the law.
Section 108
(The Programme of the Government)
1. Once appointed,
the Government should develop its programme, which should include the objectives
and tasks proposed, the actions to be taken and the main political guidelines
to be followed in the fields of government activity.
2. Once
approved by the Council of Ministers, the Prime Minister shall, within
a maximum of 30 days after appointment of the Government, submit the Programme
of Government to the National Parliament for consideration.
Section 109
(Consideration of the Programme of
Government by the National Parliament)
1. The Programme
of the Government shall be submitted to the National Parliament for consideration.
Where the National Parliament is not in session, its convening for this
purpose shall be mandatory.
2. Debate
on the programme of the Government shall not exceed five days and, prior
to its closing, any parliamentary group may propose its rejection or the
Government may request the approval of a vote of confidence.
3. Rejection
of the programme of the Government shall require an absolute majority of
the Members in full exercise of their functions.
Section 110
(Request for vote of confidence)
The Government may request the National Parliament to take a vote of confidence on a statement of general policy or on any relevant matter of national interest.
Section 111
(Vote of no confidence)
1. The National
Parliament may, following proposal by one-quarter of the Members in full
exercise of their functions, pass a vote of no confidence on the Government
with respect to the implementation of its programme or any relevant matter
of national interest.
2. Where
a vote of no confidence is not passed, its signatories shall not move another
vote of no confidence during the same legislative session.
Section 112
(Dismissal of the Government)
1. The dismissal of the Government shall occur when:
a) A new
legislative term begins;
b) The President
of the Republic accepts the resignation of the Prime Minister;
c) The Prime
Minister dies or is suffering from a permanent physical disability;
d) Its programme
is rejected for the second consecutive time;
e) A vote
of confidence is not passed;
f) A vote
of no confidence is passed by an absolute majority of the Members in full
exercise of their functions;
2. The President of the Republic shall only dismiss the Prime Minister in accordance with the cases provided for in the previous item and when it is deemed necessary to ensure the regular functioning of the democratic institutions, after consultation with the Council of State.
Section 113
(Criminal liability of the members
of Government)
1. Where
a member of the Government is charged with a criminal offence punishable
with a sentence of imprisonment for more than two years, he or she shall
be suspended from his or her functions so that the proceedings can be pursued.
2. Where
a member of the Government is charged with a criminal offence punishable
with a sentence of imprisonment for a maximum of two years, the National
Parliament shall decide whether or not that member of the Government shall
be suspended so that the proceedings can be pursued.
Section 114
(Immunities for members of the Government)
No member of the Government may be detained or imprisoned without the permission of the National Parliament, except for a felonious crime punishable with a maximum sentence of imprisonment for more than two years and in flagrante delicto.
CHAPTER III
COMPETENCIES
Section 115
(Competence of the Government)
1. It is incumbent upon the Government:
a) To define
and implement the general policy of the country, following its approval
by the National Parliament;
b) To guarantee
the exercise of the fundamental rights and freedoms of the citizens;
c) To ensure
public order and social discipline;
d) To prepare
the State Plan and the State Budget and execute them following their approval
by the National Parliament;
e) To regulate
economic and social sector activities;
f) To prepare
and negotiate treaties and agreements and enter into, approve, accede
and denounce international agreements which do not fall under the competence
of the National Parliament or of the President of the Republic;
g) To define
and implement the foreign policy of the country;
h) To ensure
the representation of the Democratic Republic of East Timor in the
international relations;
i) To lead
the social and economic sectors of the State;
j) To lead
the labour and social security policy;
k) To guarantee
the defence and consolidation of the public domain and the property of
the State;
l) To lead
and co-ordinate the activities of the ministries as well as the activities
of the remaining institutions answerable to the Council of Ministers;
m) To promote
the development of the co-operative sector and the support for household
production;
n) To support
private enterprise initiatives;
o) To take
actions and make all the arrangements necessary to promote economic and
social development and to meet the needs of the Timorese people;
p) To exercise
any other competencies as provided by the Constitution and the law.
2. It is also incumbent upon the Government in relation with other organs :
a) To submit
bills and draft resolutions to the National Parliament;
b) To propose
to the President of the Republic the declaration of war or the making of
peace;
c) To propose
to the President of the Republic the declaration of the state of siege
or the state of emergency;
d) To propose
to the President of the Republic the submission to referendum of relevant
issues of national interest;
e) To propose
to the President of the Republic the appointment of ambassadors, permanent
representatives and special envoys;
3. The Government has exclusive legislative powers on matters concerning its own organisation and functioning, as well as on the direct and indirect management of the State.
CHAPTER III: COMPETENCIES
Section 116
(Competencies of the Council of Ministers)
It is incumbent upon the Council of Ministers:
a) To define
the general guidelines of the government policy as well as those for its
implementation;
b) To deliberate
on a request for a vote of confidence from the National Parliament;
c) To approve
bills and draft resolutions;
d) To approve
statutes, as well as international agreements that
are not required to be submitted
to the National Parliament;
e) To approve
actions by the Government that involve an increase or decrease in public
revenues or expenditures;
f) To approve
plans.
Section 117
(Competencies of members of the Government)
1. It is incumbent upon the Prime Minister:
a) To be the Head of Government;
b) To chair the Council of Ministers;
c) To lead
and guide the general policy of the Government and co-
ordinate the activities of all Ministers,
without prejudice to the direct responsibility of each Minister for his
or her respective governmental department.
d) To keep
the President of the Republic informed on matters of domestic and foreign
policy of the Government;
e) To perform
other duties conferred by the Constitution and the law.
2. It is
incumbent upon the Ministers:
a) To implement the policy defined for their respective Ministries;
b) To ensure
relations between the Government and the other organs
of the State in the area of responsibility
of their respective Ministries.
3. Government statutes
shall be signed by the Prime Minister and the Ministers in charge of the
respective subject matter.
CHAPTER I
COURTS AND THE JUDICIARY
Section 118
(Jurisdiction)
1. Courts
are organs of sovereignty with competencies to administer justice in the
name of the people.
2. In performing
their functions, the courts shall be entitled to the assistance of other
authorities.
3. Court
decisions shall be binding and shall prevail over the decisions of any
other authority.
Section 119
(Independence)
Courts are independent and subject only
to the Constitution and the law.
Section 120
Review of unconstitutionality
The courts shall not apply rules that contravene the Constitution or the principles contained therein.
Section 121
(Judges)
1. Jurisdiction
lies exclusively with the judges installed in accordance with the law.
2. In performing
their functions, judges are independent and owe obedience only to the Constitution,
the law and to their own conscience.
3. Judges
have security of tenure and, unless otherwise provided for by law, may
not be transferred, suspended, retired or removed from office.
4. To guarantee
their independence, judges may not be held liable for their judgements
and decisions, except in the circumstances provided for by law.
5. The law
shall regulate the judicial organisation and the status of the judges of
the courts of law.
Section 122
(Exclusiveness)
Judges in office may not perform any other functions, whether public or private, other than teaching or legal research, in accordance with the law.
Section 123
Categories of courts
1. There
shall be the following categories of courts in the Democratic Republic
of East Timor:
a) The Supreme
Court of Justice and other courts of law;
b) The High
Administrative, Tax and Audit Court and other
administrative courts of first instance;
c) Military
Courts.
2. Courts
of exception shall be prohibited and there shall be no
special courts to judge certain categories
of criminal offence.
3. There
may be Maritime Courts and Arbitration Courts.
4. The law
shall determine the establishment, organisation and
functioning of the courts provided for
in the preceding items. 5. The law
may institutionalise means and ways for the non-jurisdictional resolution
of disputes.
Section 124
(Supreme Court of Justice)
1. The Supreme
Court of Justice is the highest court of law and the guarantor of a uniform
enforcement of the law, and has jurisdiction throughout the national territory.
2. It is
also incumbent on the Supreme Court of Justice to administer justice on
matters of legal, constitutional and electoral nature.
3. The President
of the Supreme Court of Justice shall be appointed by the President of
the Republic from among judges of the Supreme Court of Justice fora term
of office of four years.
Section 125
(Functioning and Composition)
1. The Supreme Court of Justice shall operate:
a) In sections,
like a court of first instance, in the cases
provided for in the law;
b) In plenary,
like a court of second and single instance, in the cases expressly provided
for in the law;
2. The Supreme Court of Justice shall
consist of career judges, magistrates of the Public Prosecution or jurists
of recognised merit in number to be established by law, as follows:
a) One elected
by the National Parliament;
b) And all the others designated by the Superior Council for the Judiciary.
Section 126
(Electoral and Constitutional Competence)
1. It is
incumbent upon the Supreme Court of Justice, on legal and constitutional
matters:
a) To review
and declare the unconstitutionality and illegality of normative and legislative
acts by the organs of the State;
b) To provide
an anticipatory verification of the legality and constitutionality of the
statutes and referenda;
c) To verify
cases of unconstitutionality by omission;
d) To rule,
as a venue of appeal, on the suppression of norms
considered unconstitutional by the courts
of instance;
e) To verify
the legality regarding the establishment of political parties and their
coalitions and order their registration or dissolution, in accordance with
the Constitution and the law;
f) To exercise
all other competencies provided for by the Constitution or the law.
2. It is incumbent upon
the Supreme Court of Justice, in the specific field of elections:
a) To verify
the legal requirements for candidates for the office of President of the
Republic;
b) To certify
at last instance the regularity and validity of the acts of the electoral
process, in accordance with the respective law;
c) To validate
and proclaim the results of the electoral process;
Section 127
(Eligibility)
1. Only career
judges or magistrates of the Public Prosecution or jurists of recognised
merit of East Timorese nationality may become members of the Supreme Court
of Justice.
2. In addition
to the requirements referred to in the preceding item, the law may define
other requirements.
Section 128
(Superior Council for the Judiciary
)
1. The Superior
Council for the Judiciary is the organ of management and discipline
of the judges of the courts and it is incumbent upon it to appoint, assign,
transfer and promotr the judges.
2. The Superior
Council for the Judiciary shall be presided over by the President of the
Supreme Court of Justice and shall have the following members:
a) One designated
by the President of the Republic;
b) One elected by the National Parliament;
c) One designated by the Government;
d) One elected
by the judges of the courts of law from among their
peers;
3. The law shall regulate
the competence, organisation and functioning of the Superior Council for
the Judiciary.
Section 129
(High Administrative, Tax and Audit
Court)
1. The High Administrative,
Tax and Audit Court is the highest body in the hierarchy of the administrative,
tax and audit courts, without prejudice to the competence of the Supreme
Court of Justice.
2. The President of
the High Administrative, Tax and Audit Court is elected from among and
by respective judges for a term of office of four years.
3. It is incumbent upon
the High Administrative, Tax and Audit Court as a single instance to monitor
the lawfulness of public expenditure and to audit State accounts.
1. It is
incumbent upon the High Administrative, Tax and Audit Court and the administrative
and tax courts of first instance:
a) To judge
actions aiming at resolving disputes arising from legal, fiscal and administrative
relations;
b) To judge
contentious appeals against decisions made by State organs, their respective
office holders and agents;
c) To perform
all the other functions as established by law.
Section 130
(Military Courts)
1. It is
incumbent upon military courts to judge in first instance crimes of
military nature.
2. The competence,
organisation, composition and functioning of military courts shall be established
by law.
Section 131
(Court Hearings)
Court hearings shall be public, unless the court hearing a matter rules otherwise through a well-founded order to safeguard personal dignity or public morality and national security, or guarantee its own smooth operation.
CHAPTER II
PUBLIC PROSECUTORS
Section 132
(Functions and Status)
1. Public
Prosecutors have the responsibility for representing the State, taking
criminal action, ensuring the defence of the underage, absentees and the
disabled, defending the democratic legality, and promoting the enforcement
of the law.
2. Public
Prosecutors shall be a body of judicial officers, hierarchically graded,
and shall be accountable to the Attorney-General.
3. In performing
their duties, Public Prosecutors shall be subject to legality, objectivity
and impartiality criteria, and obedience to the directives and orders as
established by law.
4. Public
Prosecutors shall be governed by their own statutes, and shall only be
suspended, retired or dismissed under the circumstances provided for in
the law.
5. It is
incumbent upon the Office of the Attorney-General to appoint, assign, transfer
and promote public prosecutors and exercise disciplinary actions.
Section 133
(Office of the Attorney-General)
1. The Office
of the Attorney-General is the highest authority in public prosecution,
and its composition and competencies shall be defined by law.
2. The Office
of the Attorney-General shall be headed by the Attorney-General, who, in
his or her absence or inability to act, shall be replaced in accordance
with the law.
3. The Attorney-General
shall be appointed by the President of the Republic for a term of office
of six years, in accordance with the terms established by law.
4. The Attorney-General
shall be accountable to the Head of State and shall submit annual reports
to the National Parliament.
5. The Attorney-General
shall request the Supreme Court of Justice to make a generally binding
declaration of unconstitutionality of any law ruled unconstitutional in
three concrete cases.
6. Deputy
Attorney-Generals shall be appointed, dismissed or removed from office
by the President of the Republic after consultation with the Superior Council
for the Public Prosecution.
Section 134
(Superior Council for the Public Prosecution)
1. The Superior
Council for the Public Prosecution is an integral part of the office of
the Attorney-General.
2. The Superior
Council for the Public Prosecution shall be headed by the Attorney-General
and shall comprise the following members:
a) One designated
by the President of the Republic;
b) One elected by the National Parliament;
c) One designated by the Government;
d) One elected
by the magistrates of the Public Prosecution from
among their peers.
3. The law shall regulate the competence,
organisation and functioning of the Superior Council for the Public Prosecution.
CHAPTER III
LAWYERS
Section 135
(Lawyers)
1. Legal
and judicial aid is of social interest, and lawyers and defenders shall
be governed by this principle.
2. The primary
role of lawyers and defenders is to contribute to the good administration
of justice and the safeguard of the rights and legitimate interests of
the citizens.
3. The activity
of lawyers shall be regulated by law.
Section 136
(Guarantees in the activity of lawyers)
1. The State
shall, in accordance with the law, guarantee the inviolability of documents
related to legal proceedings. No search, seizure, listing or other judicial
measures shall be permitted without the presence of the competent magistrate
and, whenever possible, of the lawyer concerned.
2. Lawyers
have the right to contact their clients personally with guarantees of confidentiality,
especially where the clients are under detention or arrest in military
or civil prison centres.
TITLE VI
PUBLIC ADMINISTRATION
Section 137
(Public Administration general principles)
1. Public
Administration shall aim at meeting public interest, in the respect for
the legitimate rights and interests of citizens and constitutional institutions.
2. The Public
Administration shall be structured to prevent excessive bureaucracy, provide
more accessible services to the people and ensure the contribution of individuals
interested in its efficient management.
3. The law
shall establish the rights and guarantees of the citizens, namely against
acts likely to affect their legitimate rights and interests.
PART
IV
ECONOMIC AND FINANCIAL
ORGANISATION
Section 138
(Economic organisation)
The economic organisation of East Timor shall be based on the combination of community forms with free initiative and business management, as well as on the co-existence of the public sector, the private sector and the co-operative and social sector of ownership of means of production.
Section 139
(Natural resources)
1. The resources
of the soil, the subsoil, the territorial waters, the continental shelf
and the exclusive economic zone, which are essential to the economy, shall
be owned by the State and shall be used in a fair and equitable manner
in accordance with national interests.
2. The conditions
for the exploitation of the natural resources referred to in item 1 above
should lend themselves to the establishment of mandatory financial reserves,
in accordance with the law.
3. The exploitation
of the natural resources shall preserve the ecological balance and prevent
destruction of ecosystems.
Section 140
(Investments)
The State shall promote national investment and establish conditions to attract foreign investment, taking into consideration the national interests, in accordance with the law.
Section 141
(Land)
Ownership, use and development of land as one of the factors for economic production shall be regulated by law.
TITLE II
FINANCIAL AND TAX SYSTEM
Section 142
(Financial system)
The structure of the financial system shall be determined by the law in such a way as to guarantee that savings are encouraged and built up with security and that the financial resources necessary for economic and social development are provided.
Section 143
(Central Bank)
1. The State
shall establish a national central bank jointly responsible for the definition
and implementation of the monetary and financial policy.
2. The Central
Bank functions and its relationship with the National Parliament and the
Government shall be established by law.
3. The Central
Bank shall have exclusive competence for issuing the national currency.
Section 144
(Tax System)
1. The State
shall establish a tax system aimed at meeting the financial requirements
of the State and the fair distribution of national income and wealth.
2. Taxes
shall be established by law, which shall determine the incidence, tax benefits
and the guarantees of taxpayers.
Section 145
(State Budget)
1. The State
Budget shall be prepared by the Government and approved by the National
Parliament.
2. The Budget
law shall provide, based on efficiency and effectiveness, a breakdown of
the revenues and expenditures of the State, as well as preclude the existence
of secret appropriations and funds.
3. The execution
of the Budget shall be monitored by the High Administrative, Tax and Audit
Court and by the National Parliament.
PART
V
NATIONAL DEFENCE AND
SECURITY
Section 146
(Defence Force)
1. The East
Timor defence force, FALINTIL-ETDF, composed exclusively by national citizens,
has the responsibility of providing military defence for the Democratic
Republic of East Timor and shall have a single system of organisation for
the whole national territory.
2. FALINTIL-ETDF
shall guarantee national independence, territorial integrity and the freedom
and security of the populations against any aggression or external threat,
in respect for the constitutional order.
3. FALINTIL-ETDF
shall be non-partisan and shall owe obedience to the competent organs of
sovereignty in accordance with the Constitution and the laws, and shall
not intervene in political matters.
Section 147
(Police and security forces)
1. The police
shall defend the democratic legality and guarantee the internal security
of the citizens, and shall be strictly non-partisan.
2. Prevention
of crime shall be undertaken with due respect for human rights.
3. The law
shall determine the rules and regulations for the police and other security
forces.
Section 148
(Superior Council for Defence and Security)
1. The Superior
Council for Defence and Security is the consultative organ of the President
of the Republic on matters relating to defence and sovereignty.
2. The Superior
Council for Defence and Security shall be headed by the President of the
Republic and shall include civilian and military entities, the number of
civilian entities being higher than the number of military entities.
3. The composition,
organisation and functioning of the Superior Council for Defence and Security
shall be defined by law.
PART
VI
GUARANTEE AND REVISION
OF THE CONSTITUTION
TITLE I
GUARANTEE OF THE CONSTITUTION
Section 149
(Anticipatory review of constitutionality)
1. The President
of the Republic may request the Supreme Court of Justice to undertake an
anticipatory review of the constitutionality of any statute submitted to
him or her for promulgation.
2. The preventive
review of the constitutionality may be requested within twenty days from
the date on which the statute is received, and the Supreme Court of Justice
shall hand down its ruling within twenty-five days, a time limit that may
be reduced by the President of the Republic for reasons of emergency.
3. If the
Supreme Court of Justice rules that the statute is unconstitutional, the
President of the Republic shall submit a copy of the ruling to the Government
or the National Parliament and request the reformulation of the statute
in accordance with the decision of the Supreme Court of Justice.
4. The veto
for unconstitutionality of a statute from the National Parliament that
has been submitted for promulgation can be circumvented under section 88,
with the necessary adaptations.
Section 150
(Abstract review of constitutionality)
Declaration of unconstitutionality may
be requested by:
a) The President
of the Republic;
b) The Speaker of the National Parliament;
c) The Attorney-General,
based on the refusal by the courts, in
three concrete cases, to apply a statute
deemed
unconstitutional;
d) The Prime Minister;
e) One fifth of the Members of the National Parliament;
f) The Ombudsman.
Section 151
(Unconstitutionality by omission)
The President of the Republic, the Attorney-General and the Ombudsman may request the Supreme Court of Justice to review the unconstitutionality by omission of any legislative measures deemed necessary to enable the implementation of the constitutional provisions.
Section 152
(Appeals on constitutionality)
1. The Supreme
Court of Justice has jurisdiction to hear appeals against any of the following
court decisions:
a) Decisions
refusing to apply a legal rule on the grounds of unconstitutionality; b)
Decisions applying a legal rule the constitutionality of which was challenged
during the proceedings.
2. An appeal
under paragraph (1) (b) may be brought only by the party who raised the
question of unconstitutionality.
3. The regime for filing
appeals shall be regulated by law.
Section 153
(Decisions of the Supreme Court of
Justice)
Decisions of the Supreme Court of Justice shall not be appealable and shall be published in the official gazette. They shall have a general binding effect on processes of abstract and concrete monitoring, when dealing with unconstitutionality.
TITLE II
CONSTITUTONAL REVISION
Section 154
(Initiative and time of revision)
1. It is
incumbent upon Members of Parliament and the Parliamentary Groups to initiate
constitutional revision.
2. The National
Parliament may revise the Constitution after six years have elapsed since
the last date on which a law revising the Constitution was published.
3. The period
of six years for the first constitutional review shall commence on the
day the present Constitution enters into force.
4. The National
Parliament, regardless of any timeframe, may take on powers to revise the
Constitution by a majority of four-fifths of the Members of Parliament
in full exercise of their functions.
5. Proposals
for revision should be submitted to the National Parliament one hundred
and twenty days prior to the date of commencement of debate.
6. After
submission of a proposal for constitutional revision under the terms of
item 5 above, any other proposal shall be submitted within 30 days.
Section 155
(Approval and promulgation)
1. Amendments
to the Constitution shall be approved by a majority of two-thirds of the
Members of Parliament in full exercise of their functions.
2. The new
text of the Constitution shall be published together with the revision
law.
3. The President
of the Republic shall not refuse to promulgate a revision law.
Section 156
(Limits on matters of revision)
1. Laws revising the Constitution shall
respect:
a) National
independence and the unity of the State;
b) The rights, freedoms and guarantees of citizens;
c) The republican form of government;
d) The separation of powers;
e) The independence of the courts;
f) The multi-party system and the right of democratic opposition;
g) The free,
universal, direct, secret and regular suffrage of
the office holders of the organs of sovereignty,
as well as the system of proportional representation;
h) The inexistence
of an official religion of the State
i) The principle
of administrative deconcentration and
decentralisation;
j) The National
Flag.
k) The date of proclamation of national independence.
2. Paragraphs c), h) and j) may be reviewed through a national referendum, in accordance with the law.
Section 157
(Limits on time of revision)
No action may be taken to revise the Constitution
during a state of siege or a state of emergency.
PART
VII
FINAL AND TRANSITIONAL
PROVISIONS
Section 158
(Treaties, agreements and alliances)
1. Confirmation, accession and ratification of bilateral and multilateral conventions, treaties, agreements or alliances that took place before the entry into force of the present Constitution shall be decided upon by the respective competent bodies on a case-by-case basis.
Section 159
(Working Languages)
Indonesian and English shall be working languages within civil service side by side with official languages as long as deemed necessary.
Section 160
(Serious Crimes)
Acts committed between the 25th of April 1974 and the 31st of December 1999 that can be considered crimes against humanity shall be liable to criminal proceedings with the national or international courts.
Section 161
(Illegal appropriation of assets )
Illegal appropriation of mobile and fixed assets that took place before the entry into force of the present Constitution is considered crime and shall be resolved as provided for in the Constitution and the law.
Section 162
(Reconciliation)
It is incumbent upon the Commission for
Reception, Truth and Reconciliation to discharge functions conferred to
it by UNTAET Regulation No. 2001/10.
The competencies, mandate and objectives
of the Commission shall be redefined by the Parliament whenever necessary.
Section 163
(Transitional judicial organisation)
1. The collective
judicial instance existing in East Timor, integrated by national and international
judges with competencies to judge serious crimes committed between the
1st of January and the 25th of October 1999, shall remain operational for
the time deemed strictly necessary to conclude the cases under investigation.
2. The judicial
organisation existing in East Timor on the day the present Constitution
enters into force shall remain operational until such a time as the new
judicial system is established and starts its functions.
Section 164
(Transitional competence of the Supreme
Court of Justice)
1. After
the Supreme Court of Justice starts its functions and before the establishment
of courts as laid down in Section 129, the respective competence shall
be exercised by the Supreme Court of Justice and other courts of
justice.
2. Until
such a time as the Supreme Court of Justice is established and starts its
functions all powers conferred to it by the Constitution shall be exercised
by the highest judicial instance of the judicial organisation existing
in East Timor.
Section 165
(Previous Law)
Laws and regulations in force in East Timor shall continue to be applicable to all matters except to the extent that they are inconsistent with the Constitution or the principles contained therein.
Section 166
(Transformation of the Constitutional
Assembly)
1. The Constitutional
Assembly shall be transformed into a National Parliament with the approval
of the Constitution of the Republic.
2. In its
first term of office, the National Parliament shall be comprised of eighty-eight
members on an exceptional basis.
Section 167
(Presidential Election of 2002)
The President Elected under UNTAET Regulation No. 2002/01 shall take on the competencies and fulfil the mandate provided for in the Constitution.
Section 168
(Entry into force of the Constitution)
The Constitution of the Democratic Republic of East Timor shall enter into force on the 20th of May of 2002.
-- end—
Received via:
Charles Scheiner
La’o Hamutuk
P.O. Box 340, Dili, East
Timor (via Darwin, Australia)
Telephone:+61-417-923273
or +670-390-325013
Personal: cscheiner@igc.org
La’o Hamutuk: laohamutuk@easttimor.minihub.org
http://www.etan.org/lh