CONSTITUTION
OF
THE DEMOCRATIC
REPUBLIC
OF
TIMOR-LESTE
TIMOR-LESTE
INDEX
Preamble
PART I FUNDAMENTAL PRINCIPLES
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 State and religious 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 Senior citizens
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 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
TITLE III NATIONAL PARLIAMENT
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
TITLE IV GOVERNMENT
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
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
CHAPTER I
COURTS, PUBLIC PROSECUTION AND LAWYERS
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 Prosecutor-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 National Anthem
167 Transformation of the Constituent Assembly
168 Second Transitional Government
169 Presidential election of 2002
170 Entry into force of the Constitution
PREAMBLE
Following the liberation of the Timorese People from colonisation and illegal occupation of the Maubere Motherland by foreign powers, the independence of East Timor, proclaimed on the 28th of November 1975 by Frente Revolucionária do Timor-Leste Independente (FRETILIN), is recognised internationally on the 20th of May 2002.
The preparation and adoption of the Constitution of the Democratic Republic of East Timor is the culmination of the historical resistance of the Timorese People intensified following the invasion of the 7th of December 1975.
The struggle waged against the enemy, initially under the leadership of FRETILIN, gave way to more comprehensive forms of political participation, particularly in the wake of the establishment of the National Council of the Maubere Resistance (CNRM) in 1987 and the National Council of Timorese Resistance (CNRT) in 1998.
The Resistance was divided into three fronts.
The armed front was carried out by the glorious Forças Armadas de Libertação Nacional de Timor-Leste (FALINTIL) whose historical undertaking is to be praised.
The action of the clandestine front, astutely unleashed in hostile territory, involved the sacrifice of thousands of lives of women and men, especially the youth, who fought with abnegation for freedom and independence.
The diplomatic front, harmoniously carried out all over the world, enabled the paving of the way for definitive liberation.
In its cultural and humane perspective, the Catholic Church in East Timor has always been able to take on the suffering of all the People with dignity, placing itself on their side in the defence of their most fundamental rights.
Ultimately, the present Constitution represents a heart-felt tribute to all martyrs of the Motherland.
Thus, the Members of the Constituent Assembly, in their capacity as legitimate representatives of the People elected on the 30th of August 2001,
Based on the results of the referendum of the 30th of August 1999 organised under the auspices of the United Nations which confirmed the self-determined will for independence;
Fully conscious of the need to build a democratic and institutional culture proper appropriate to a State based on the rule of law where respect for the Constitution, for the laws and for democratically elected institutions constitute its unquestionable foundation; Interpreting the profound sentiments, the aspirations and the faith in God of the People of East Timor;
Solemnly reaffirm their determination to fight all forms of tyranny, oppression, social, cultural or religious domination and segregation, to defend national independence, to respect and guarantee human rights and the fundamental rights of the citizen, to ensure the principle of the separation of powers in the organisation of the State, and to establish the essential rules of multi-party democracy, with a view to building a just and prosperous nation and developing a society of solidarity and fraternity.
The Constituent Assembly, meeting in plenary session on the 22nd of March 2002, approves and decrees the following Constitution of the Democratic Republic of East Timor:
CONSTITUTION OF THE
DEMOCRATIC REPUBLIC OF EAST TIMOR
PART
I
FUNDAMENTAL PRINCIPLES
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
The 28th of November 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 and local Government depends upon their
compliance with the Constitution.
4
The State shall recognise and value the norms and customs of East Timor that are not
contrary 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 father or mother born in East Timor; b) Children of incognito parents,
stateless parents or parents of unknown nationality;
c) Children of a foreign father or mother
who, being over seventeen years old, declare their will to become East Timorese
nationals.
2
Irrespective of
being born in a foreign country, children of a Timorese father or mother shall
be considered original citizens of East Timor.
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 create, promote and guarantee the 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 permanent sovereignty of the peoples over their wealth and natural resources, 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.
1
The Democratic
Republic of East Timor shall establish relations of friendship and cooperation
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.
2
The Democratic
Republic of East Timor shall maintain privileged ties with the countries whose
official language is Portuguese.
3
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 all
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 historical 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 CatholicChurch
in the process of national liberation of East Timor.
3
The State shall
ensure special protection to the 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
(State and religious denominations)
1
The State shall recognise and 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.
2
The State shall
promote the cooperation with the different religious denominations that
contribute to the well-being of the people of East Timor.
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 shall 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 left side end of the flag. The remaining part of the flag is
red.
2
The colours mean:
yellow
– the traces of colonialism;
black – the obscurantism that needs to be overcome;
red – the struggle for national liberation;
white – peace.
PART II
FUNDAMENTAL RIGHTS, DUTIES, FREEDOMS AND GUARANTEES
TITLE I
GENERAL PRINCIPLES
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, language, 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 family, political, economic, social and cultural 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 commonly
ratified or approved by the State.
3
Every child born
inside or outside 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 (Senior Citizens)
1
Every senior
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 dignified
participation in the community.
Section 21 (Disabled citizens)
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.
2
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, the right not to be
subjected to torture, slavery or servitude, the right not to be subjected to
cruel, inhuman or degrading treatment or punishment ,
and the guarantee of non-discrimination.
6
Authorities shall
restore constitutional normality as soon as possible.
Section 26 (Access to courts)
Access to courts is guaranteed to all for the defence of their legally protected rights and interests.
Justice shall not be denied for insufficient economic means.
Section 27 (Ombudsman)
1
The Ombudsman
shall be an independent organ in charge of examining and seeking to settle
citizens’ complaints against public bodies, certifying the conformity of the
acts with the law, preventing and initiating the 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.
3
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 extended successively
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
Anyone 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 name 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 shall have the
right to demand the purpose of such data.
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 person 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
Everyone 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
Everyone is guaranteed 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 person 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 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)
1
Every citizen,
regardless of gender, has the right and the duty to work and to choose freely
his or her profession.
2
The worker has
the right to labour safety and hygiene, remuneration,
rest and vacation.
3
Dismissal without
just cause or on political, religious and ideological grounds is prohibited.
4
Compulsory work,
without prejudice to the cases provided for under penal legislation, is
prohibited.
5
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 fair 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, in accordance with the law.
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
Everyone has the
right to health and medical care, and the duty to protect and promote them.
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)
1
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 ability and in conformity with the law.
2
Everyone has the
right to equal opportunities for education and vocational training.
3
The State shall recognise and supervise private and co-operative education.
4
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.
5
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 actions aimed at protecting the environment and safeguarding the
sustainable development of the economy.
PART III
ORGANIZATION OF POLITICAL POWER
TITLE
I
GENERAL PRINCIPLES
Section
62
(Source and exercise of political power)
Political power lies with 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 nondiscrimination
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.
6
Supervision of
voters’ registration and electoral acts shall be incumbent upon an independent
organ, the competences , composition , organization
and functioning of which shall be established 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
A referendum
shall only be binding where the number of voters is higher than half of the
registered electors .
5
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, Prosecutor-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 each of the following requirements
cumulatively:
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 validly 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)
1
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.
2
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.
3
At the
swearing-in ceremony, the President of the Republic shall take the following
oath:
“I swear to God, to the people and on my honour that I will fulfil with loyalty the functions that have been invested in me, will abide by and enforce the Constitution and the laws and will dedicate all my energies and knowledge 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 and serious
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.
4
The Plenary of
the Supreme Court of Justice shall issue a judgment 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 3
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-elected 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 case of imminent 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 National 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 may 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 in 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 parliamentary majority 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 Prosecutor-General for a term of four years;
l) To appoint and dismiss the Deputy Prosecutor-General s 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 for 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 of 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 to: 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 draft 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. TITLE III NATIONAL PARLIAMENT
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 supervisory and political decision making 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 area and the continental shelf;
c) National symbols,
in accordance with item 2 of Section 14;
d) Citizenship;
e) Rights, freedoms and guarantees;
f) The status and capacity of the person, family law and inheritance 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 upon 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 for the Public Prosecution; 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 on State visits; 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 their 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 land on grounds of public interest, as well as criteria for the establishment of compensations in such cases.
1
Laws authorizing
legislation shall define the subject, sense, scope and duration of the authorisation, which may be renewed.
2
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:
2
The Members of
Parliament;
3
The parliamentary
groups;
4
The Government.
5
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.
6
Bills and draft
legislation that have been rejected shall not be re-introduced in the same
legislative session in which they have been tabled.
7
Bills and draft
legislation that have not been voted on shall not need to be reintroduced in
the ensuing legislative session, except in case of end of the legislative term.
8
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 parliamentary
appraisal of a statute shall lapse if, after such 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
fifteen 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.
TITLE
IV
GOVERNMENT
CHAPTER I
DEFINITION AND STRUCTURE
Section 103
(Definition)
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 parliamentary majority 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 thirty
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)
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.
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. 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.
TITLE
V
COURTS
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 judgments 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 (Exclusivity)
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.
1
Courts of
exception shall be prohibited and there shall be no special courts to judge
certain categories of criminal offence.
2
There may be
Maritime Courts and Arbitration Courts.
3
The law shall
determine the establishment, organisation and
functioning of the courts provided for in the preceding items.
4
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 for a 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 promote 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.
4
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, prosecuting,
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 Prosecutor-General .
3
In performing
their duties, Public Prosecutors shall be subject to legality, objectivity and
impartiality criteria, and obedience toward 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 Prosecutor-General to appoint, assign, transfer and
promote public prosecutors and exercise disciplinary actions.
Section 133 (Office of the Prosecutor-General )
1
The Office of the
Prosecutor-General is the highest authority in public prosecution, and its
composition and competencies shall be defined by law.
2
The Office of the
Prosecutor-General shall be headed by the Prosecutor-General
, who, in his or her absence or inability to act, shall be replaced in
accordance with the law.
3
The Prosecutor-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 Prosecutor-General shall be
accountable to the Head of State and shall submit annual reports to the
National Parliament.
5
The
Prosecutor-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
Prosecutor-General s 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
Prosecutor-General .
2. The Superior Council for the Public
Prosecution shall be headed by the Prosecutor-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.
2
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
TITLE
I
GENERAL PRINCIPLES
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 coexistence 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.
Section140 (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.
Section141 (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 the formation, collection and security of savings, 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, safeguarding the management autonomy of the
financial institution.
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 obligation, 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 ammendments.
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 Prosecutor-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 Prosecutor-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 principle of administrative deconcentration and decentralisation;
i) The National Flag; j) The date of proclamation of
national independence.
2. Paragraphs c) and i) 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.
2
The Democratic
Republic of East Timor shall not be bound by any treaty, agreement or alliance
entered into prior to the entry into force of the Constitution which is not confirmed or ratified or adhered
to, pursuant to item 1 above.
3
The Democratic Republic
of East Timor shall not recognise any acts or
contracts concerning the natural resources referred to in item 1 of Section 139
entered into or undertaken prior to the entry into force of the Constitution
which are not confirmed by the competent bodies after the Constitution enters
into force.
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 of genocide or of war 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)
1
It is incumbent
upon the Commission for Reception, Truth and Reconciliation to discharge
functions conferred to it by UNTAET Regulation No. 2001/10.
2
The competencies, mandate and objectives of the Commission shall
be redefined by the Parliament whenever necessary.
Section
163
(Transitional judicial organization)
1
The collective
judicial instance existing in East Timor, composed of
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
Organization 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 organization 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 (National Anthem)
Until the national anthem is approved by the ordinary law pursuant to item 2 of Section 14 “Pátria, Pátria, Pátria , Timor -Leste a nossa nação “ shall be sung in official ceremonies.
Section
167
(Transformation of the Constitutional Assembly)
1
The
Constitutional Assembly shall be transformed into a National Parliament with
the entering into force 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.
3
The Speaker of
the Constituent Assembly shall remain in office until such a time as the
National Parliament elects its Speaker as provided for in the Constitution.
Section 168
(Second Transitional Government)
The Government appointed under UNTAET Regulation No. 20012/28 shall remain in office until such a time as the first constitutional Government is appointed and sworn in by the President of the Republic , as provided for in the Constitution.
Section 169
(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
170
(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.