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Report on Citizenship Law: East Timor (Timor-Leste) RSCAS/GLOBALCIT-CR 2017/7 March 2017 View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Cadmus, EUI Research Repository COUNTRY REPORT 2017/07 REPORT ON MARCH 2017 CITIZENSHIP LAW: EAST TIMOR (TIMOR-LESTE) AUTHORED BY PATRÍCIA JERÓNIMO © Patrícia Jerónimo, 2017 This text may be downloaded only for personal research purposes. Additional reproduction for other purposes, whether in hard copies or electronically, requires the consent of the authors. If cited or quoted, reference should be made to the full name of the author(s), editor(s), the title, the year and the publisher. Requests should be addressed to [email protected]. Views expressed in this publication reflect the opinion of individual authors and not those of the European University Institute. Global Citizenship Observatory (GLOBALCIT) Robert Schuman Centre for Advanced Studies in collaboration with Edinburgh University Law School Report on Citizenship Law: East Timor (Timor-Leste) RSCAS/GLOBALCIT-CR 2017/7 March 2017 © Patrícia Jerónimo, 2017 Printed in Italy European University Institute Badia Fiesolana I – 50014 San Domenico di Fiesole (FI) www.eui.eu/RSCAS/Publications/ cadmus.eui.eu Robert Schuman Centre for Advanced Studies The Robert Schuman Centre for Advanced Studies (RSCAS), created in 1992 and directed by Professor Brigid Laffan, aims to develop inter-disciplinary and comparative research on the major issues facing the process of European integration, European societies and Europe’s place in 21st century global politics. The Centre is home to a large post-doctoral programme and hosts major research programmes, projects and data sets, in addition to a range of working groups and ad hoc initiatives. The research agenda is organised around a set of core themes and is continuously evolving, reflecting the changing agenda of European integration, the expanding membership of the European Union, developments in Europe’s neighbourhood and the wider world. Details of the research of the Centre can be found on: http://www.eui.eu/RSCAS/Research/ Research publications take the form of Working Papers, Policy Papers, and e-books. All of these are also available on the Schuman Centre’s website: http://www.eui.eu/RSCAS/Publications/ The European University Institute (EUI) and the Schuman Centre are not responsible for the opinions expressed by the author(s). GLOBALCIT GLOBALCIT is the successor of EUDO CITIZENSHIP, which has been the key reference for the study of citizenship and the franchise between 2009 and 2017. With the geographic expansion of the Observatory’s scope the new name reflects our worldwide coverage. GLOBALCIT provides the most comprehensive source of information on the acquisition and loss of citizenship in Europe for policy makers, NGOs and academic researchers. Its website hosts a number of databases on domestic and international legal norms, naturalisation statistics, citizenship and electoral rights indicators, a comprehensive bibliography and glossary, a forum with scholarly debates on current citizenship trends, media news on matters of citizenship policy and various other resources for research and policy-making. Research for the 2016/2017 GLOBALCIT Reports has been supported by the European University Institute’s Global Governance Programme, the EUI Research Council, and the British Academy Research Project CITMODES (co-directed by the EUI and the University of Edinburgh). The financial support from these projects is gratefully acknowledged. While our new website is under construction, for more information see: http://eudo-citizenship.eu Report on Citizenship Law East Timor (Timor-Leste) Patrícia Jerónimo 1. Introduction Timor-Leste is among the world’s newest nations, having been officially recognised by the international community as an independent state on 20 May 2002. The nation-building process is still very much under way and is fraught with perils, from internal divisions to conspicuous external influences, not to mention the frailty of its institutions, its lack of infra- structures, the extreme poverty of the population (in spite of the country’s wealth in natural resources) and the challenges in securing respect for human rights. The memory of the violence which followed the 1999 independence referendum is still fresh. And so are the marks of 400 years of Portuguese colonial rule and of 24 years of Indonesian military occupation. The country is very small – ‘half an island located on the easternmost tip of the Archipelago of the Lesser Sunda Islands, near Australia and New Guinea, 19 000 km2 in area’ (Carneiro de Sousa 2001: 183) –, but is characterised by ‘dramatic geography, isolation, and diverse local cultural traditions’, including more than sixteen distinct language groups (Harrington 2007). Currently it has a population of over 1,200,000 people.1 Timorese citizenship was born with the new independent state, on 20 May 2002. The Constitution of the Democratic Republic of Timor-Leste (Constituição da República Democrática de Timor-Leste),2 which entered into force on that same day, set the criteria for the attribution of Timorese citizenship by birth (cidadania originária) and referred to ordinary legislation the definition of the rules on acquisition,3 loss, reacquisition, registration and proof of Timorese citizenship (Article 3, under the heading ‘citizenship’). Much like the rest of the constitutional text, Article 3 reflects the combined influences of the Mozambican Constitution of 1990 and of the Portuguese Constitution of 1976 (Charlesworth 2003: 328). The first is reflected in the Constituent Assembly’s option for setting substantive criteria for the attribution of citizenship, while the second is evidenced by its option for referring the bulk of the citizenship regime to ordinary legislation. The combination is not without difficulties, as will be discussed below. 1 Information available at http://countrymeters.info/pt/Timor-Leste [18.09.2016]. 2 Available at http://www.mj.gov.tl/jornal/public/docs/ConstituicaoRDTL_Portugues.pdf [22.01.2017]. 3 Following a long standing tradition in Portuguese speaking countries, the Timorese Constitution and ordinary legislation distinguish between attribution of citizenship by birth and acquisition of citizenship by naturalisation. The terms will be used accordingly throughout this report. RSCAS/GLOBALCIT-CR 2017/7 - © 2017 Author 1 Patrícia Jerónimo Article 3 of the Timorese Constitution adopts the traditional ius soli and ius sanguinis principles for the attribution of citizenship by birth. Both principles are enunciated in very broad terms, making access to Timorese citizenship by birth remarkably easy. This may be explained by the fact that Timor-Leste is a small and poor country with a vast diaspora, but later legal developments, i.e. the adoption of the 2002 Nationality Act and of the 2004 Nationality Regulation,4 suggest that the Constituent Assembly might have come across as more inclusive than what was actually intended. The attempts made by the National Parliament and by the Government to introduce restrictions in the access to Timorese citizenship by birth lack a constitutional mandate and should be deemed unconstitutional. The issue, however, has not yet reached the Timorese courts and seems to be absent from academic and political debates in the country. The wide scope with which the ius soli and ius sanguinis principles are enshrined in the Timorese Constitution may be considered problematic for its potential incompatibility with international law standards, as it allows for the attribution of Timorese citizenship by birth to individuals who have no effective ties with Timor-Leste. In spite of this potential contradiction with international law, the Timorese citizenship regime – as set by the Constitution and by the 2002 Nationality Act – is clearly designed to be in line with international human rights standards. Timorese law institutes safeguards against statelessness [Article 3 (2) (b) of the Constitution, Articles 11 (2) and 14 (1) of the Nationality Act], shows considerable respect for individuals’ will in matters of attribution and loss of citizenship [Article 3 (2) (c) of the Constitution, Article 14 (1) of the Nationality Act], and accepts dual citizenship [Article 29 of the Nationality Act]. Furthermore, it treats citizenship not only as a legal status, but also as a fundamental right, as evidenced by the inclusion of citizenship among the rights that are to be safeguarded in case of public emergency [Article 25 (5) of the Constitution]; by the attribution of Timorese citizenship by birth to anyone born in Timor- Leste who does not hold another citizenship [Article 3 (2) (b) of the Constitution]; and by the prohibition of arbitrary deprivations of citizenship and of the right to change citizenship [Article 2 (1) of the Nationality Act]. The mix-and-match of international and foreign legal influences explains many of the inconsistencies that pervade the Timorese citizenship regime, as well as its overall poor legislative technique. They may also help explain some misunderstandings about the content of the rules in force among public officials and members of the political elite. Until recently, Timorese authorities were reportedly denying Timorese citizenship to individuals falling under one of the categories of Article 3 of the Constitution on the grounds that these individuals also held Indonesian citizenship and that Indonesian law does not allow dual citizenship (even though dual citizenship is allowed by Timorese law, the law which the Timorese authorities
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