Constitution

Timor-Leste 2002 Constitution

Table of Contents

PART VII. FINAL AND TRANSITIONAL PROVISIONS

Article 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 on a case-by-case basis by the respective competent organs.
  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 has not been adhered to, pursuant to number 1 above.
  3. The Democratic Republic of East Timor shall not recognize any acts or contracts concerning the natural resources, referred to in number 1 of Article 139 entered into or undertaken prior to the entry into force of the Constitution which are not confirmed by the competent organs after the Constitution enters into force.

Article 159. Working Languages

The Indonesian and the English languages shall be working languages within the public administration side by side with official languages as long as it is deemed necessary.

Article 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 in the national or international courts.

Article 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.

Article 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 competences, mandate and the objectives of the Commission may be redefined by the Parliament whenever necessary.

Article 163. Transitional Judicial Organization

  1. The collective judicial instance existing in East Timor, integrated by national and international judges with competences to judge serious crimes committed between the 1st of January and the 25th of October 1999, shall remain in effect 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 in effect until such a time as the new judicial system is established and starts its functions.

Article 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 referred to in Article 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.

Article 165. Previous Law

Laws and regulations in force in East Timor shall continue to be applicable to all maters except to the extent that they are inconsistent with the Constitution or the principles contained therein.

Article 166. National Anthem

Until the national anthem is approved by the ordinary law pursuant to number 2 of Article 14 “Pátria, Pátria, Timor -Leste a nossa nação” shall be sung in official ceremonies.

Article 167. Transformation of the Constitutional Assembly

  1. The Constitutional Assembly shall be transformed into a National Parliament upon the approval of the Constitution of the Republic.
  2. The National Parliament, in its first term of office, shall be exceptionally comprised of eighty-eight deputies.
  3. The President of the Constituent Assembly shall remain in office until the National Parliament elects its President in conformity with the Constitution.

Article 168. The Transitional Government

The Government appointed under UNTAET Regulation No. 2001/28 shall remain in office until the first Constitutional Government is appointed and sworn in by the President of the Republic, in conformity with the Constitution.

Article 169. Presidential Election of 2002

The President elected under UNTAET Regulation No. 2002/01 shall take on the competences and fulfill the mandate provided for in the Constitution.

Article 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.