Patrícia Jerónimo
(a), whereas the hypothesis in subparagraph (b) is that the children born abroad are attributed
by law (i.e. involuntarily) the citizenship of their state of birth. Either way, the consequence is
the same: if they have another citizenship and want to renounce their Timorese citizenship,
they are entitled to do so. Again, an express renunciation is required.
Article 16 (1) (b) of the Nationality Regulation replicates Article 14 (1) (b) of the
Nationality Act, with considerable (if ultimately irrelevant) differences in phrasing. Article 16
(1) (b) reads that Timorese citizenship is lost by ‘those born abroad to a Timorese father or
mother who, after 17 years of age, declare their wish to renounce their Timorese citizenship’.
Instead of setting a deadline for the renunciation that could provide precision to the vague
reference to ‘upon reaching majority’ in Article 14 (1) (b) of the Nationality Act, Article 16
(1) (b) of the Nationality Regulation merely clarifies that the declaration must be made after
the individuals turn 17 years of age, which must be taken to mean that the renunciation can
happen at any time after that point. Also, Article 16 (1) (b) of the Nationality Regulation does
not mention the requirement that the individuals have another citizenship in order not to
become stateless upon renunciation. This omission is rectified, however, by Article 16 (2) of
the Nationality Regulation, which requires that individuals wishing to renounce their
Timorese citizenship make a declaration expressing their wish not to be Timorese and present
a certificate or a document attesting the acquisition of a foreign citizenship [subparagraphs (a)
and (b)]. As with renunciations under Article 14 (1) (a) of the Nationality Act, the National
Directorate for Registries and Notary records the renunciation in the book on loss of
citizenship [Article 16 (2) (c) of the Nationality Regulation].
Loss of Timorese citizenship acquired by naturalisation following the performance of
unauthorised military service on behalf of a foreign state: Per Article 14 (2) (a) of the
Nationality Act, Timorese citizenship acquired by naturalisation is withdrawn if the
naturalised citizen renders military service on behalf of a foreign state, unless the performance
of military service is expressly authorised by agreement celebrated with the state in question.
As pointed out earlier, in this case, as with the rest of the cases listed in Article 14 (2), no
attention is paid to whether or not the withdrawal of Timorese citizenship will render the
individual stateless. Upon taking notice, by any means, of the unauthorised performance of
military service by a naturalised citizen on behalf of a foreign state, the Public Prosecutor
requests the Minister of Justice133 that the individual’s Timorese citizenship be withdrawn
[Article 17 (1) of the Nationality Regulation]. The citizen is notified in person of the Public
Prosecutor’s request and given 30 days to submit his or her defence to the Minister of Justice
[Article 17 (2)]. When this 30-day period elapses, the Minister of Justice decides and
communicates his or her decision to the Public Prosecutor and to the interested citizen, who is
notified in person of the content of the decision [Article 17 (3)]. If the Minister of Justice
dismisses the Public Prosecutor’s request, he or she has 30 days to appeal the decision to the
Supreme Court of Justice [Article 17 (4)]. Likewise, if the Minister of Justice rules favourably
on the Public Prosecutor’s request, the interested citizen has 30 days to appeal the decision to
the Supreme Court of Justice [Article 17 (5)]. Article 17 (7) orders that, if the procedure
results in the loss of Timorese citizenship, the Ministry of Justice must communicate it to the
Registry.
133
The actual wording is Ministry of Justice, but this seems to be another case of mistaken wording on the part
of the legislator. The only time Article 17 of the Nationality Regulation refers to the Minister of Justice instead
of the Ministry is actually the only instance where a reference to the Ministry (and not the Minister) would be in
order. That is when, at the end of the procedure, it is required that the loss of citizenship be communicated to the
Registry [Article 17 (7)], something which is for the Ministry’s staff and not for the Minister to do. The analysis
of the procedure as laid down in Article 17 of the Nationality Regulation will treat all references to the Ministry
of Justice as references to the Minister of Justice and vice-versa.
36
RSCAS/GLOBALCIT-CR 2017/7 - © 2017 Author
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