Constitution of the Democratic Republic of East Timor Portuguese: Constituição da República Democrática de Timor-Leste Tetum: Konstituisaun Repúblika Demokrátika Timor-Leste
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.
Pro-independence activists during the 1999 independence 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 Since the Portuguese administration had withdrawn and Indonesia began to occupy the border area of East Timor, the Fretilin unilaterally proclaimed independence on 28 November 1975.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 Constitution
The official text of the Constitution is in Portuguese. There are at least four different translations into Tetum, the other official language, published by State institutions. Some of the Tetum translations have gross mistakes.
Preamble
The preamble looks back on the history of the "motherland of the Maubere" and names the creation and adoption of the constitution as the culmination of the "historic resistance of the Timorese people" after the invasion of December 7, 1975. The role of Fretilin is mentioned in the preamble, National Council of Maubere Resistance (CNRT) and Timor Leste Defence Force (FALINTIL) in the liberation struggle and its thousands of victims, but also the diplomatic front where East Timorese campaigned for the independence of their country with the international community, and the catholic church. Finally follows a commitment to democracy, multi-party system, human rights, fundamental rights and the struggle against tyranny and for national independence.[2]
After which, the Constitution consists of seven parts, namely:[2]
Part I: Basic Principles
Set out in Section 15: The National Flag of East Timor
II. Fundamental rights, duties, liberties and guarantees
III. Organisation of political power (including the provisions about the three branches of government)
IV. Economic and financial organisation
V. National defence and security
VI. Guarantee and revision of the Constitution
VII. Final and transitional provisions
References
^"Archived copy"(PDF). www.un.org. Archived from the original(PDF) on 28 February 2010. Retrieved 13 January 2022.((cite web)): CS1 maint: archived copy as title (link)
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