EAST TIMOR/TIMOR-LESTE
Democratic Republic of Timor-Leste
Republika Demokratika Timor Lorosa'e; Republica Democratica de Timor-Leste
Joined United Nations:  27 September 2002
Human Rights as assured by their constitution
Updated 17 March 2013
PART II
FUNDAMENTAL RIGHTS, DUTIES, FREEDOMS AND GUARANTEES

TITLE I
GENERAL PRINCIPLES
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 17
(Equality between women and men)
Women and men shall have the same rights and duties in all areas of family, political, economic, social and cultural life.

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
commonly ratified or approved by the State.
3. Every child born inside or outside wedlock shall enjoy the same rights and social protection.

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.

Section 20
(Senior Citizens)
1. Every senior citizen has the right to special protection by the State.
2. The old age policy entails measures of economic, social and cultural nature designed to provide the elderly with opportunities for
personal achievement through active and dignified participation in the community.

Section 21
(Disabled citizens)
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.

Section 22
(East Timorese citizens overseas)
East Timorese citizens who are or live overseas shall enjoy protection by the State for the exercise of their rights and shall be subject to
duties not incompatible with their absence from the country.

Section 23
(Interpretation of fundamental rights)
Fundamental rights enshrined in the Constitution shall not exclude any other rights provided for by the law and shall be interpreted in
accordance with the Universal Declaration of Human Rights.

Section 24
(Restrictive laws)
1. Restriction of rights, freedoms and guarantees can only be imposed by law in order to safeguard other constitutionally protected rights
or interests and in cases clearly provided for by the Constitution.
2. Laws restricting rights, freedoms and guarantees have necessarily a general and abstract nature and may not reduce the extent and
scope of the essential contents of constitutional provisions and shall not have a retroactive effect.

Section 25
(State of exception)
1. Suspension of the exercise of fundamental rights, freedoms and guarantees shall only take place if a state of siege or a state of
emergency has been declared as provided for by the Constitution.
2. A state of siege or a state of emergency shall only be declared in case of effective or impending aggression by a foreign force, of
serious disturbance or threat of serious disturbance to the democratic constitutional order, or of public disaster.
3. A declaration of a state of siege or a state of emergency shall be substantiated, specifying rights, freedoms and guarantees the exercise
of which is to be suspended.
4. A suspension shall not last for more than thirty days, without prejudice of possible justified renewal, when strictly necessary, for equal
periods of time.
5. In no case shall a declaration of a state of siege affect the right to life, physical integrity, citizenship, non-retroactivity of the criminal
law, defence in a criminal case and freedom of conscience and religion, the right not to be subjected to torture, slavery or servitude, the
right not to be subjected to cruel, inhuman or degrading treatment or punishment , and the guarantee of non-discrimination.
6. Authorities shall restore constitutional normality as soon as possible.

Section 26
(Access to courts)
Access to courts is guaranteed to all for the defence of their legally protected rights and interests.
Justice shall not be denied for insufficient economic means.

Section 27
(Ombudsman)
1. The Ombudsman shall be an independent organ in charge of examining and seeking to settle citizens’ complaints against public bodies,
certifying the conformity of the acts with the law, preventing and initiating 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.

Section 28
(Right to resistance and self-defence)
1. Every citizen has the right to disobey and to resist illegal orders or orders that affect their fundamental rights, freedoms and guarantees.
2. The right to self-defence is guaranteed to all, in accordance with the law.

TITLE II
PERSONAL RIGHTS, FREEDOMS AND GUARANTEES
Section 29
(Right to life)
1. Human life is inviolable.
2. The State shall recognise and guarantee the right to life.
3. There shall be no death penalty in the Democratic Republic of East Timor.

Section 30
(Right to personal freedom, security and integrity)
1. Every one has the right to personal freedom, security and integrity.
2. No one shall be arrested or detained, except under the terms clearly provided for by applicable law, and the order of arrest or detention
should always be presented for consideration by the competent judge within the legal timeframe.
3. Every individual who loses his or her freedom shall be immediately informed, in a clear and precise manner, of the reasons for his or
her arrest or detention as well as of his or her rights, and allowed to contact a lawyer, directly or through a relative or a trusted person.
4. No one shall be subjected to torture and cruel, inhuman or degrading treatment.

Section 31
(Application of criminal law)
1. No one shall be subjected to trial, except in accordance with the law.
2. No one shall be tried and convicted for an act that does not qualify in the law as a criminal offence at the moment it was committed,
nor endure security measures the provisions of which are not clearly established in previous law.
3. Penalties or security measures not clearly provided for by law at the moment the criminal offence was committed shall not be enforced.
4. No one shall be tried and convicted for the same criminal offence more than once.
5. Criminal law shall not be enforced retroactively, except if the new law is in favour of the accused.
6. Anyone who has been unjustly convicted has the right to a fair compensation in accordance with the law.

Section 32
(Limits on sentences and security measures)
1. There shall be no life imprisonment nor sentences or security measures lasting for unlimited or indefinite period of time in the
Democratic Republic of East Timor.
2. In case of danger as a result of mental illness, security measures may be extended successively by judicial decision.
3. Criminal liability is not transmissible.
4. Persons who are subjected, on conviction, to a sentence or a security measure involving loss of freedom remain entitled to their
fundamental rights, subject to the limitations that necessarily derive from that conviction and from the requirements for its enforcement.

Section 33
(Habeas corpus)
1. Everyone who illegally loses his or her freedom has the right to apply for habeas corpus.
2. An application for habeas corpus shall be made by the detainee or by any other person in the exercise of his or her civil rights, in
accordance with the law.
3. The court shall rule on the application for habeas corpus within 8 days at a hearing in the presence of both parties.

Section 34
(Guarantees in criminal proceedings)
1. Anyone charged with an offence is presumed innocent until convicted.
2. An accused person has the right to select, and be assisted by, a lawyer at all stages of the proceedings and the law shall determine the
circumstances for which the presence of the lawyer is mandatory.
3. Every individual is guaranteed the inviolable right of hearing and defence in criminal proceedings.
4. Evidence is of no effect if obtained by torture, coercion, infringement of the physical or moral integrity of the individual, or wrongful
interference with private life, the home, correspondence or other forms of communication.

Section 35
(Extradition and expulsion)
1. Extradition shall only take place following a court decision.
2. Extradition on political grounds is prohibited.
3. Extradition in respect of offences punishable, under the law of the requesting State, by death penalty or life imprisonment or whenever
there are grounds to assume that the person to be extradited may be subjected to torture and inhuman, degrading and cruel treatment, shall
not be permitted.
4. An East Timorese national shall not be expelled or expatriated from the national territory.

Section 36
(Right to honour and privacy)
Every individual has the right to honour, good name and reputation, protection of his or her public image and privacy of his or her
personal and family life.

Section 37
(Inviolability of home and correspondence)
1. Any person's home and the privacy of his or her correspondence and other means of private communication are inviolable, except in
cases provided for by law as a result of criminal proceedings.
2. A person's home shall not be entered against his or her will, except under the written order of a competent judicial authority and in the
cases and manner prescribed by law.
3. Entry into any person's home at night against his or her will is clearly prohibited, except in case of serious threat to life or physical
integrity of somebody inside the home.

Section 38
(Protection of personal data)
1. Every citizen has the right to access personal data stored in a computer system or entered into mechanical or manual records regarding
him or her, and he or she shall have the right to demand the purpose of such data.
2. The law shall determine the concept of personal data, as well as the conditions applicable to the processing thereof.
3. The processing of personal data on private life, political and philosophical convictions, religious faith, party or trade union membership
and ethnical origin, without the consent of the interested person, is prohibited.

Section 39
(Family, marriage and maternity)
1. The State shall protect the family as the society’s basic unit and a condition for the harmonious development of the individual.
2. Every one has the right to establish and live in a family.
3. Marriage shall be based upon free consent by the parties and on terms of full equality of rights between spouses, in accordance with
the law.
4. Maternity shall be dignified and protected, and special protection shall be guaranteed to all women during pregnancy and after delivery
and working women shall have the right to be exempted from the workplace for an adequate period before and after delivery, without loss
of remuneration or any other benefits, in accordance with the law.

Section 40
(Freedom of speech and information)
1. Every person has the right to freedom of speech and the right to inform and be informed impartially.
2. The exercise of freedom of speech and information shall not be limited by any sort of censorship.
3. The exercise of rights and freedoms referred to in this Section shall be regulated by law based on the imperative of respect for the
Constitution and the dignity of the human person.

Section 41
(Freedom of the press and mass media)
1. Freedom of the press and other mass media is guaranteed.
2. Freedom of the press shall comprise, namely, the freedom of speech and creativity for journalists, the access to information sources,
editorial freedom, protection of independence and professional confidentiality, and the right to create newspapers, publications and other
means of broadcasting.
3. The monopoly on the mass media shall be prohibited.
4. The State shall guarantee the freedom and independence of the public mass media from political and economic powers.
5. The State shall guarantee the existence of a public radio and television service that is impartial in order to, inter-alia, protect and
disseminate the culture and the traditional values of the Democratic Republic of East Timor and guarantee opportunities for the
expression of different lines of opinion.
6. Radio and television stations shall operate only under a licence, in accordance with the law.

Section 42
(Freedom to assemble and demonstrate)
1. Everyone is guaranteed the freedom to assemble peacefully and unarmed, without a need for prior authorisation.
2. Everyone is recognised the right to demonstrate in accordance with the law.

Section 43
(Freedom of association)
1. Everyone is guaranteed freedom of association provided that the association is not intended to promote violence and is in accordance
with the law.
2. No one shall be compelled to join an association or to remain in it against his or her will.
3. The establishment of armed, military or paramilitary associations, including organisations of a racist or xenophobic nature or that
promote terrorism, shall be prohibited.

Section 44
(Freedom of movement)
1. Every person has the right to move freely and to settle anywhere in the national territory.
2. Every citizen is guaranteed the right to emigrate freely and to return to the country.

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.
2. No one shall be persecuted or discriminated against on the basis of his or her religious convictions.
3. The right to be a conscientious objector shall be guaranteed in accordance with the law.
4. Freedom to teach any religion in the framework of the respective religious denomination is guaranteed.

Section 46
(Right to political participation)
1. Every citizen has the right to participate in the political life and in the public affairs of the country, either directly or through
democratically elected representatives.
2. Every citizen has the right to establish and to participate in political parties.
3. The establishment and organisation of political parties shall be regulated by law.

Section 47
(Right to vote)
1. Every citizen over the age of seventeen has the right to vote and to be elected.
2. The exercise of the right to vote is personal and constitutes a civic duty.

Section 48
(Right to petition)
Every citizen has the right to submit, individually or jointly with others, petitions, complaints and claims to organs of sovereignty or any
authority for the purpose of defending his or her rights, the Constitution, the law or general interests.

Section 49
(Defence of Sovereignty)
1. Every citizen has the right and the duty to contribute towards the defence of independence, sovereignty and territorial integrity of the
country.
2. Serving in the army shall take place in accordance with the law.
Vedo-Austroloid humans migrated into the region from the north sometime between 40,000
and 20,000 BCE followed by Wanniyala-Aetto tribes from Sri Lanka and Melanesians about
3,000 BCE.  Proto-Malays from China and Indo-China completed the migration wave from
whom present-day Hakkas descended who created small kingdoms with whom the
Portuguese first made contact in 1556 via Dominican friars. Portugal colonized Timor in 1702
using the island primarily as a trading post until the late 19th Century. Dutch invasions in
1767 focused the colony around the capital of Dili while the Dutch colonized the rest of the
island and Indonesia and a formal border between the two colonies was finalized via an 1859
treaty. Timor was occupied by the Australians and Dutch in the run up to World War II and
the Japanese in February 1942 and reclaimed by Allied forces in February 1943.  Portugal
reclaimed the colony after the war and declared it an Overseas Province in 1955.  The
collapse of the Portuguese regime in 1974 prompted an independence bid which was
declared on 28 November 1975, prompting an attack by Indonesia on December 7, 1975 who
absorbed it into the country.  Resistance to annexation spawned an intense guerilla
movement prompting the arrival of Australian peacekeepers to arrive in 1999 and establish a
UN mandated United Nations Transitional Administration until formal independence was
established on 20 May 2002.   The present constitution was adopted on 22 March 2002.
Human rights are enumerated beginning with Part Two (Fundamental Rights, Duties,
Freedoms and Guarantees), conform with  the 1948 Universal Declaration of Human Rights
of which Timor-Leste is a signatory and are detailed below.  For a full English translation of
Timor-Leste's Constitution, click
here.
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