Preamble

Preamble

Preamble

Preamble

- Constitution of East Timor
Preamble
- The Constitution and Laws of the Democratic Republic of East Timor

Preamble


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 secular 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 (CNRT) 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 further 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 of 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:


Preamble
The Republic
Sovereignty and constitutionality
Citizenship
Territory
Decentralisation
Objectives of the State
Universal suffrage and multi party system
International relations
International law
Solidarity
Valorisation of Resistance
State and religions denominations
Official languages and national languages
National symbols
National flag
Universality and equality
Equality between women and men
Child protection
Youth
Old age
Disabled citizen
East Timorese citizens overseas
Interpretation of fundamental rights
Restrictive laws
State of exception
Access to courts
Ombudsman
Right to resistance and self defence
Right to life
Right to personal freedom security and integrity
Application of criminal law
Limits on sentences and security measures
Habeas Corpus
Guarantees in criminal proceedings
Extradition and expulsion
Right to honour and privacy
Inviolability of home and correspondence
Protection of personal data
Family marriage and maternity
Freedom of speech and information
Freedom of the press and mass media
Freedom to assemble and demonstrate
Freedom of association
Freedom of movement
Freedom of conscience religion and worship
Right to political participation
Right to vote
Right to petition
Defence of sovereignty
Right to work
Right to strike and prohibition of lock out
Trade union freedom
Consumer rights
Obligations of the taxpayer
Social security and assistance
Health
Housing
Education and culture
Intellectual property
Environment
Source and exercise of power
Participation by citizens in political life
Principle of renewal
Elections
Referendum
Organs of sovereignty
Incompatibilities
Principle of separation of powers
Political parties and right of opposition
Administrative organisation
Local government
Publication of legislation and decisions
Definition
Eligibility
Election
Inauguration and swearing in
Criminal liability and constitutional obligations
Absence
Resignation of office
Death resignation or permanent disability
Exceptional cases
Replacement and interim office
Competencies
Competencies with regard to other organs
Competencies with regard to international relations
Promulgation and veto
Powers of an interim President of the Republic
Council of State
Competencies organisation and functioning of the Council of State
Election and composition
Immunities
Competence of the National Parliament
Legislative authorisation
Legislative initiative
Parliamentary appraisal of statutes
Legislative term
Dissolution
Attendance by members of the Government
Standing Committee
Composition
Council of Ministers
Appointment
Responsibility of the Government
The Programme of the Government
Consideration of the Programme of the Government
Request for vote of confidence
Vote of no confidence
Dismissal of the Government
Criminal liability of members of Government
Immunity for members of the Government
Competencies of the Government
Competencies of the Council of Ministers
Competencies of the members of Government
Jurisdiction
Independence
Review of unconstitutionality
Judges
Exclusiveness
Categories of courts
Supreme Court of Justice
Functioning and composition
Electoral and constitutional competence
Superior Council for the Judiciary
High Administrative Tax and Audit Court
Military courts
Court hearings
Function and status
Office of the Prosecutor General
Superior Council for the Public Prosecution
Lawyers
Guarantees in the activity of lawyers
Public Administration general principles
Economic organisation
Natural resources
Investments
Land
Financial system
Central Bank
Tax system
State Budget
Defence Force
Police and security forces
Superior Council for Defence and Security
Anticipatory review of constitutionality
Abstract review of constitutionality
Unconstitutionality by omission
Appeals on constitutionality
Decisions of the Supreme Court of Justice
Initiative and time of revision
Approval and promulgation
Limits on matters of revision
Limits on time of revision
Treaties agreements and alliances
Working languages
Serious crimes
Illegal appropriation of assets
Reconciliation
Transitional judicial organisation
Transitional competence of the Supreme Court of Justice
Previous law
National Anthem
Transformation of the Constituent Assembly
Second Transitional Government
Presidential election of 2002
Entry into force of the Constitution
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