National Constitutional provisions – East Timor
The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.
The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.
The Constitution of the Democratic Rep. of East Timor, 2002
EDUCATION
PART II
FUNDAMENTAL RIGHTS, DUTIES, FREEDOMS AND GUARANTEES
TITLE I GENERAL PRINCIPLES
Section 59 (Education and culture)
1. The State shall recognise and guarantee that every citizen has the right to education and culture, and it is incumbent upon it to promote the establishment of a public system of universal and compulsory basic education that is free of charge in accordance with its possibilities and in conformity with the law.
2. Everyone has the right to equal opportunities for education and vocational training.
3. The State shall recognise and supervise private and co-operative education.
4. The State should ensure the access of every citizen, in accordance to their abilities, to the highest levels of education, scientific research and artistic creativity.
5. Everyone has the right to cultural enjoyment and creativity and the duty to preserve, protect and value cultural heritage
Section 16 (Universality and Equality)
1. All citizens are equal before the law, shall exercise the same rights and shall be subject to the same duties.
2. No one shall be discriminated against on grounds of colour, race, marital status, gender, ethnical origin, language, social or economic status, political or ideological convictions, religion, education and physical or mental condition.
Section 19 (Youth)
1. The State shall promote and encourage youth initiatives towards the consolidation of national unity, reconstruction, defence and development of the country.
2. The State shall promote education, health and vocational training for the youth as may be practicable.
CHAPTER II COMPETENCE
Section 95 (Competence of the National Parliament)
2. It is exclusively incumbent upon the National Parliament to make laws on:
l) The bases for the education system;
EQUALITY
PART I. FUNDAMENTAL PRINCIPLES
Section 3 (Citizenship)
1. There shall be original citizenship and acquired citizenship in the Democratic Republic of East Timor.
2. The following citizens shall be considered original citizens of East Timor, as long as they are born in the national territory:
a) Children of father or mother born in East Timor;
b) Children of incognito parents, stateless parents or parents of unknown nationality;
c) Children of a foreign father or mother who, being over seventeen years old, declare their will to become East Timorese nationals.
3. Irrespective of being born in a foreign country, children of a Timorese father or mother shall be considered original citizens of East Timor.
a) Children of an East Timorese father or mother living overseas;
b) Children of an East Timorese father or mother serving the State outside the country;
4. Acquisition, loss and reacquisition of citizenship, as well as its registration and proof, shall be regulated by law
Gender / vulnerable groups
PART II. FUNDAMENTAL RIGHTS, DUTIES, FREEDOMS AND GUARANTEES
TITLE I. GENERAL PRINCIPLES
Section 17 (Equality between women and men)
Women and men shall have the same rights and duties in all areas of family life and political, economic, social, cultural.
PART II
FUNDAMENTAL RIGHTS, DUTIES, FREEDOMS AND GUARANTEES
TITLE I. GENERAL PRINCIPLES
Section 21. (Disabled citizen)
1. A disabled citizen shall enjoy the same rights and shall be subject to the same duties as all other citizens, except for the rights and duties which he or she is unable to exercise or fulfil due to his or her disability.
2. The State shall promote the protection of disabled citizens as may be practicable and in accordance with the law.
LANGUAGE
CONSTITUTION OF THE DEMOCRATIC REPUBLIC OF EAST TIMOR
PART I. FUNDAMENTAL PRINCIPLES
Section 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.
RELIGION
PART I. FUNDAMENTAL PRINCIPLES
Section 12. (State and religious denominations)
1. The State shall recognise and respect the different religious denominations, which are free in their organisation and in the exercise of their own activities, to take place in due observance of the Constitution and the law.
2. The State shall promote the cooperation with the different religious denominations that contribute to the well-being of the people of East Timor.
PART II. FUNDAMENTAL RIGHTS, DUTIES, LIBERTIES AND GUARANTEES
TITLE II. PERSONAL RIGHTS, LIBERTIES AND GUARANTEES
Section 45. (Freedom of conscience, religion and worship)
1. Every person is guaranteed the freedom of conscience, religion and worship and the religious denominations are separated from the State.
CHILD’s RIGHTS
PART II. FUNDAMENTAL RIGHTS, DUTIES, FREEDOMS AND GUARANTEES
TITLE I. GENERAL PRINCIPLES
Section 18. (Child protection)
1. Children shall be entitled to special protection by the family, the community and the State, particularly against all forms of abandonment, discrimination, violence, oppression, sexual abuse and exploitation.
2. Children shall enjoy all rights that are universally recognised, as well as all those that are enshrined in international conventions normally ratified or approved by the State.
3. Every child born inside or outside the wedlock shall enjoy the same rights and social protection.
INTERNATIONAL LAW and HUMAN RIGHTS MECHANISMS
PART I. FUNDAMENTAL PRINCIPLES
Section 9 (International law)
1. The legal system of East Timor shall adopt the general or customary principles of international law.
2. Rules 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 rules that are contrary to the provisions of international conventions, treaties and agreements applied in the internal legal system of East Timor shall be invalid.
PART II. FUNDAMENTAL RIGHTS, DUTIES, LIBERTIES AND GUARANTEES
TITLE I. GENERAL PRINCIPLES
Section 27. (Ombudsman)
1. The Ombudsman shall be an independent organ in charge to examine and seek to settle citizens' complaints against public bodies, certify the conformity of the acts with the law, prevent and initiate the whole process to remedy injustice.
2. Citizens may present complaints concerning acts or omissions on the part of public bodies to the Ombudsman, who shall undertake a review, without power of decision, and shall forward recommendations to the competent organs as deemed necessary.
3. The Ombudsman shall be appointed by the National Parliament through absolute majority votes of its members for a term of office of four years.
4. The activity the Ombudsman shall be independent from any means of grace and legal remedies as laid down in the Constitution and the law.
5. Administrative organs and public servants shall have the duty to collaborate with the Ombudsman.
