Report on Citizenship Law: East Timor (Timor-Leste)
however, is much shorter and less precise than that of its Mozambican counterpart.83 It does
not include a time threshold, for instance, nor a number of other qualifications that would
narrow and/or clarify the scope of the constitutional provisions and prevent
misinterpretations. As it is, the citizenship regime set by the Timorese Constitution is very
inclusive, which, as hinted earlier, is probably not what was intended by the representatives in
the Constituent Assembly.
Pursuant to Article 3 (4) of the Timorese Constitution, Law no. 9/2002, of 5
November 2002 (Nationality Act), regulates the acquisition, loss and reacquisition of
Timorese citizenship, as well as its registration and proof. In its structure, in some aspects of
its regime and in the wording of several of its provisions, Law no. 9/2002 reflects the crossed
influences of the Portuguese and Cape Verdean Nationality Acts in force at the time of its
enactment,84 which can be explained by the involvement of Portuguese and Cape Verdean
legal advisors in the drafting of the Act. Notably, the structure of Law no. 9/2002 is very
similar to that of the Cape Verdean Nationality Act, with an introductory section of general
provisions (Articles 1 to 7),85 followed by sections on citizenship by birth (Article 8),86
acquisition of citizenship (Articles 9 to 13),87 loss and reacquisition of citizenship (Articles 14
and 15),88 opposition to acquisition or reacquisition of citizenship (Articles 16 and 17),89
registration and proof of citizenship (Articles 18 to 26), citizenship disputes (Articles 27 to
30),90 and final provisions (Articles 31 to 33).91 Similarities of regime among Law no. 9/2002
and both its Cape Verdean and Portuguese counterparts can be found in the categories of
grounds for the acquisition of citizenship – by underage children of naturalised citizens,92 by
children adopted by citizens,93 by spouses of citizens,94 and under the general naturalisation
procedure95 –, in the acceptance of dual citizenship96 and most evidently in the provisions
regarding registration and proof of citizenship and citizenship disputes, which replicate the
Cape Verdean and/or Portuguese legal provisions almost verbatim.97 The Cape Verdean
83
The citizenship regime in the 1990 Constitution of Mozambique is spread over more than 20 provisions,
covering attribution, acquisition, loss and reacquisition of Mozambican citizenship (Articles 11 to 29).
84
Portuguese Law no. 37/81, of 3 October 1981, as amended by Law no. 25/94, of 19 August 1994, available at
https://dre.tretas.org/dre/61160/lei-25-94-de-19-de-agosto [22.01.2017]; Cape Verdean Law no. 80/III/90, of 29
June 1990, available at http://www.refworld.org/pdfid/4c5a796c2.pdf [22.01.2017], as amended by Law no.
41/IV/92, of 6 April 1992, available at http://www.refworld.org/docid/4c5a7 6d82.html [22.01.2017], and by
Law no. 64/IV/92, of 30 December 1992, available at http://www.refworld.org/docid/4c5a81e22.html
[22.01.2017]. It is worth noting that, like the Portuguese Constitution, the Cape Verdean Constitution does not
set substantive criteria for the attribution of citizenship (Article 5). The text of the 1992 Cape Verdean
Constitution, as amended by Constitutional Law no. 1/V/99, of 23 November 1999, is available at
http://www.ucp.pt/site/resources/documents/IEP/ LusoForum/constituicao%20cape%20verde.pdf [22.01.2017].
85
Similarly to Articles 1 to 6 of the 1990 Cape Verdean Nationality Act.
86
Similarly to Articles 7 and 8 of the 1990 Cape Verdean Nationality Act.
87
Similarly to Articles 9 to 13 of the 1990 Cape Verdean Nationality Act.
88
Similarly to Articles 14 to 18 of the 1990 Cape Verdean Nationality Act.
89
Similarly to Articles 19 and 20 of the 1990 Cape Verdean Nationality Act.
90
With a slight difference, since the registration and proof of Cape Verdean citizenship were addressed in the
same section as the citizenship disputes, Articles 21 to 33 of the 1990 Cape Verdean Nationality Act.
91
Final and transitory provisions in the 1990 Cape Verdean Nationality Act (Articles 34 to 38).
92
Article 9 of the Timorese Act, Article 10 of the Cape Verdean Act and Article 2 of the Portuguese Act.
93
Article 10 of the Timorese Act, Article 11 of the Cape Verdean Act and Article 5 of the Portuguese Act.
94
Article 11 of the Timorese Act, Article 9 of the Cape Verdean Act and Article 3 of the Portuguese Act.
95
Article 12 of the Timorese Act, Article 12 of the Cape Verdean Act and Article 6 of the Portuguese Act.
96
Which can be deduced from the grounds for loss of citizenship, which do not include the acquisition of
another citizenship. Article 14 of the Timorese Act, Article 15 of the Cape Verdean Act and Article 8 of the
Portuguese Act.
97
In particular, Article 19 of the Timorese Act, on declarations made before diplomatic and consular agents,
replicates Articles 22 and 26 of the Cape Verdean Act and Articles 17 and 15 of the Portuguese Act; Article 20
RSCAS/GLOBALCIT-CR 2017/7 - © 2017 Author
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