Constitution of the Democratic Republic of East Timor Portuguese: Constituição da República Democrática de Timor-Leste Tetum: Konstituisaun Repúblika Demokrátika Timor-Leste | |
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Created | 2002 |
Ratified | 20 May 2002 |
Author(s) | Constituent Assembly of East Timor |
Signatories | Constituent Assembly |
Purpose | National constitution |
Constitution |
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Asiaportal |
This article relies largely or entirely on a single source .(April 2023) |
The Constitution of East Timor entered into force on 20 May 2002, and was the country's first constitution after it gained independence from Portugal in 1975 and from Indonesia, which invaded East Timor on 7 December 1975 and left in 1999 following a UN-sponsored referendum.
After the Carnation Revolution in Portugal in 1974, the colony of Portuguese Timor was to be prepared for independence. In 1975, however, civil war broke out between the two major parties in the country, from which Fretilin emerged victorious. Since the Portuguese administration had withdrawn and Indonesia began to occupy the border area of East Timor, the Fretilin unilaterally proclaimed independence on 28 November 1975. A first constitution was also drafted. But on 7 December, Indonesia began an open invasion. Troops landed in the capital Dili and the Fretilin began guerrilla warfare against the occupiers. In 1976, Indonesia annexed East Timor in violation of international law. Only after 24 years of guerrilla war, a referendum held under the supervision of the United Nations, in which the majority of the population spoke out against autonomy within Indonesia and in favour of East Timor's independence. Once again, there was a wave of violence by Indonesian security forces and pro-Indonesian militias. The international intervention force INTERFET under Australian leadership restored peace and order and East Timor came under UN administration until it was granted independence on 20 May 2002.
The constitution differs from the 1975 constitution, the new version being modelled on the Portuguese one. The Constitution was drafted by the Constituent Assembly elected for this purpose in 2001. Pursuant to an UNTAET regulation, [1] the constitution did not need support in a referendum, but entered into force on the day of independence of East Timor after it was approved by the assembly. Fretilin won an absolute majority of seats. With the transition to independence, the Assembly became the National Parliament of East Timor. There was no separate referendum for the constitution. It was only approved by the Assembly on 22 March 2002 by 65 votes to 14. [2] The Fretilin and ASDT MPs voted in favour of the draft constitution, while the Democratic Party (PD), Social Democratic Party (PSD), and one Timorese Democratic Union (UDT) MP voted against it. Many MPs also did not turn up for the vote. [3]
Pedro Bacelar de Vasconcelos, one of the authors of the constitution, together with a team of authors, published an annotated version of the constitution in 2011 at the Law Faculty of the University of Minho, taking into account the rulings issued up to that time. [4]
The official text of the Constitution is in Portuguese. There are at least four different translations into Tetum, the other official language, published by State institutions. Some of the Tetum translations have gross mistakes.
The preamble looks back on the history of the "motherland of the Maubere" and names the creation and adoption of the constitution as the culmination of the "historic resistance of the Timorese people" after the invasion of December 7, 1975. The role of Fretilin is mentioned in the preamble, National Council of Maubere Resistance (CNRT) and Timor Leste Defence Force (FALINTIL) in the liberation struggle and its thousands of victims, but also the diplomatic front where East Timorese campaigned for the independence of their country with the international community, and the catholic church. Finally follows a commitment to democracy, multi-party system, human rights, fundamental rights and the struggle against tyranny and for national independence. [2]
After which, the Constitution consists of seven parts, namely: [2]
Attendance by members of the Government
East Timor, officially the Democratic Republic of Timor-Leste, is a country in Southeast Asia and Oceania. The country comprises the eastern half of the island of Timor and the nearby islands of Atauro and Jaco. The first inhabitants are thought to be descendant of Australoid and Melanesian peoples. The Portuguese began to trade with Timor by the early 16th century and colonised it throughout the mid-century. Skirmishing with the Dutch in the region eventually resulted in an 1859 treaty for which Portugal ceded the western half of the island. Imperial Japan occupied East Timor during World War II, but Portugal resumed colonial authority after the Japanese surrender.
The political system in East Timor is a unitary semi-presidential representative democratic republic, whereby the Prime Minister of East Timor is the head of government and the President of East Timor functions as head of state. East Timor has a multi-party system. Executive power is exercised by the president and the government. Legislative power is vested in both the government and the National Parliament. The Judiciary is independent of the executive and the legislature. The East Timorese constitution was modelled on that of Portugal, with lesser power given to the president. The country is still in the process of building its administration and governmental institutions. The Economist Intelligence Unit rated East Timor a "flawed democracy" in 2022.
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government.
The national flag of East Timor consists of a red field with the black isosceles triangle based on the hoist-side bearing a white five-pointed star in the center superimposed on the larger yellow triangle, also based on the hoist-side, that extends to the center of the flag.
The President of the Democratic Republic of East Timor is the head of state of the Democratic Republic of Timor Leste. The executive powers of the President of the republic are limited however, the President is also the ex officio head of the Council of State, able to veto legislation and is the supreme commander of the Timor Leste Defence Force.
The 1945 State Constitution of the Republic of Indonesia is the supreme law and basis for all laws of Indonesia.
The Armed Forces for the National Liberation of East Timor originally began as the military wing of the Fretilin party of East Timor. It was established on 20 August 1975 in response to Fretilin's political conflict with the Timorese Democratic Union (UDT).
The Constitution of Belgium dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility for the government policy and the Trias Politica.
Constituent Assembly elections were held in East Timor on 30 August 2001, the second anniversary of the independence referendum. One member was elected from each of the country's thirteen districts, whilst a further 75 were elected by proportional representation. The result was a victory for Fretilin, which won 55 of the 88 seats. Voter turnout was 93%. Following the election the Constituent Assembly nominated a transitional Council of Ministers with Mari Alkatiri as Chief Minister.
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East Timor, also known as Timor-Leste, officially the Democratic Republic of Timor-Leste, is a country in Southeast Asia. It comprises the eastern half of the island of Timor, the exclave of Oecusse on the island's north-western half, and the minor islands of Atauro and Jaco. The western half of the island of Timor is administered by Indonesia. Australia is the country's southern neighbour, separated by the Timor Sea. The country's size is 14,950 square kilometres (5,770 sq mi). Dili, on the north coast of Timor, is its capital and largest city.
Adaljiza Albertina Xavier Reis Magno is an East Timorese politician and diplomat, and a member of the Fretilin political party.
East Timor is a multiparty parliamentary republic with a population of approximately 1.1 million, sharing the island of Timor with Indonesia's East Nusa Tenggara province. During the 24 years of Indonesian occupation and after the 1999 independence referendum, pro Indonesian militias committed many human rights violations. The country gained independence in 2002, and free and fair elections were held in 2007. The United Nations Integrated Mission in East Timor (UNMIT) and the International Stabilization Force remain in the country while it develops its own security forces, the National Police (PNTL) and Defence Forces (F-FDTL).
The East Timor Supreme Court of Justice, also known as the Court of Appeal of East Timor, is the highest court of East Timor. It was established by the Constitution of East Timor with ultimate jurisdiction over all legal, constitutional and electoral matters.
Hernâni Filomena Maria Coelho da Silva, also known by his nom de guerreNatan, is an East Timorese politician and diplomat, and a member of the Fretilin political party. He has been the East Timorese Ambassador to both Australia and South Korea. Between February 2015 and September 2017, he was Minister of Foreign Affairs and Cooperation, and from October 2017 to June 2018 he was Minister of Petroleum.
José Agostinho Sequeira, also known by his nom de guerreSomotxo Matar Mimiraka, is an East Timorese politician and former guerilla, and a member of the Fretilin political party. In 2006–2007, he was Vice Minister of Interior, and in 2017–2018 he was Minister for Defence and Security. Since 2018, he has been a Member of the National Parliament.
The Minister of Foreign Affairs and Cooperation is a senior member of the Constitutional Government of East Timor heading the Ministry of Foreign Affairs and Cooperation.
The 1975 Council of Ministers was the Council of Ministers formed by the Fretilin political party in 1975 as the inaugural administration or cabinet of the Democratic Republic of East Timor proclaimed in November 1975.
The Democratic Republic of East Timor, was a state that was unilaterally proclaimed on the territory of present-day East Timor on 28 November 1975 by Fretilin prior to the Indonesian invasion of East Timor nine days later on 7 December 1975.
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: CS1 maint: archived copy as title (link)Annemarie Devereux: Timor-Leste's Bill of Rights – A Preliminary History, Australian National University, 2015.