Constitution

Timor-Leste 2002 Constitution

The Xtra Daily
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Table of Contents

PART I. FUNDAMENTAL PRINCIPLES

Article 1. The Republic

  1. The Democratic Republic of East Timor is a democratic, sovereign, independent and unitary State based on the rule of law, the will of the people and the respect for the dignity of the human person.
  2. November 28, 1975 is the Day of the Proclamation of Independence of the Democratic Republic of East Timor.

Article 2. Sovereignty and Constitutionality

  1. Sovereignty resides in the people, who exercise it in accordance with the Constitution.
  2. The State is subject to the Constitution and to the laws.
  3. The validity of the laws and other actions of the State depend upon their compliance with the Constitution.
  4. The State recognizes customary laws of East Timor, subject to the Constitution and to any legislation dealing specifically with customary law.

Article 3. Citizenship

  1. There exists in the Republic of East Timor original citizenship and acquired citizenship.
  2. The following citizens shall be considered original citizens of East Timor, as long as they are born in the national territory:
    1. children of a father or mother born in East Timor;
    2. children of incognito parents, stateless parents or parents of unknown nationality;
    3. children of a foreign father or mother who, being over seventeen years old, declare their will to become East Timorese nationals.
  3. They will be considered original citizens of East Timor, even if they are born in a foreign territory, as children of a Timorese father or mother.
  4. Acquisition, loss and reacquisition of citizenship, as well as its registration and proof, shall be regulated by law.

Article 4. Territory

  1. The territory of the Democratic Republic of East Timor comprises the land surface, the maritime zone and the air demarcated by the national boundaries that historically comprise the eastern part of Timor Island, the enclave of Oecussi Ambeno, the island of Ataúro and the islet of Jaco.
  2. The law fixes and defines the extent and limits of territorial waters and the exclusive economic zone, and the rights of East Timor to the contiguous zone and continental shelf.
  3. The State cannot alienate any part of the East Timorese territory or the rights of sovereignty over the land, without prejudice to rectification of borders.

Article 5. Decentralization

  1. The State respects, on matters of territorial organization, the principle of the decentralization of public administration.
  2. The law determines and establishes and the characteristics of the different territorial levels and the administrative competences of the respective organs.
  3. Oecussi Ambeno and Ataúro enjoy special administrative and economic treatment.

Article 6. Objectives of the State

The fundamental objectives of the State are:

  1. to defend and guarantee the sovereignty of the country;
  2. 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;
  3. to defend and guarantee political democracy and participation of the people in the resolution of national problems;
  4. to guarantee the development of the economy and the progress of science and technology;
  5. to promote the building of a society based on social justice, by establishing material and spiritual welfare of the citizens;
  6. to protect the environment and to preserve natural resources;
  7. to affirm and value the personality and the cultural heritage of the East Timorese people;
  8. to promote the establishment and the development of relations of friendship and cooperation among all Peoples and States;
  9. to promote the harmonious and integrated development of the sectors and regions and the fair distribution of the national product;
  10. to promote an effective equality of opportunities between women and men.

Article 7. Universal Suffrage and Multi-Party System

  1. The people exercise the political power through universal, free, equal, direct, secret and periodic suffrage and through other forms established in the Constitution.
  2. The State shall value the contribution of the political parties for the organized expression of the popular will and for the democratic participation of the citizen in the governance of the country.

Article 8. International Relations

  1. On matters of international relations, the Democratic Republic of East Timor governs itself according to the principles of national independence, the right of the Peoples to self-determination and independence, the protection of human rights, the mutual respect for sovereignty, territorial integrity and equality among States and the non-interference in domestic affairs of other States.
  2. The Democratic Republic of East Timor shall establish relations of friendship and 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 the establishment of a new international economic order capable of ensuring peace and justice in the relations among peoples.
  3. The Democratic Republic of East Timor shall maintain privileged ties with the countries whose official language is Portuguese.
  4. The Democratic Republic of East Timor shall maintain special ties of friendship and co-operation with the neighboring countries and the countries of the region.

Article 9. Reception of International Law

  1. The legal system of East Timor shall adopt the general or common principles of international law.
  2. Norms 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 norms that are contrary to the provisions of international conventions, treaties and agreements applied in the internal legal system of East Timor are invalid.

Article 10. Solidarity

  1. The Democratic Republic of East Timor shall extend its solidarity to the struggle of the peoples for national liberation.
  2. The Democratic Republic of East Timor shall grant political asylum, in accordance with the law, to foreigners persecuted as a result of their struggle for national and social liberation, defense of human rights, democracy and peace.

Article 11. Valorization of Resistance

  1. The Democratic Republic of East Timor acknowledges and values the secular resistance of the Maubere People against foreign domination and the contribution of all those who fought for national independence.
  2. The State acknowledges and values the participation of the Church in the process of the national liberation of East Timor.
  3. The State shall ensure special protection to war-disabled, orphans and other dependents 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 homage to the national heroes.

Article 12. The State and Religious Denominations

  1. The State recognizes and respects the different religious denominations, that are free in their organization and in the exercise of their own activities, with due observance of the Constitution and the law.
  2. The State promotes the cooperation with the different religious denominations that contribute to the well-being of the people of East Timor.

Article 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.

Article 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.

Article 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 center of the black triangle there is a white star of five ends, meaning the light that guides. The white star has one of its ends turned towards the upper right end of the flag. The remaining part of the flag is purple-red.
  2. The colors mean:

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