Report on Citizenship Law: East Timor (Timor-Leste)
East Timor and therefore those in East Timor who had been attributed or had acquired
Portuguese citizenship before 25 April 197631 were not deprived of their Portuguese
citizenship.
2.2. Membership criteria under Indonesian rule
Indonesian military forces invaded Dili on 7 December 1975, with the tacit support of the US
Government (Lisson 2008: 1478) and under the pretext of crushing a communist revolution
led by the FRETILIN (Carter 2011: 665; Harrington 2007). Portugal immediately severed
diplomatic relations with Indonesia (Escarameia 2002) and brought the invasion to the
attention of the United Nations, prompting resolutions by the General Assembly – Resolution
3485 (XXX), of 12 December 197532 – and by the Security Council – Resolution 384 (1975),
of 22 December 1975.33 Both resolutions deplored the military intervention of the armed
forces of Indonesia in Portuguese Timor and called upon the Government of Indonesia to
withdraw without delay its armed forces from the territory in order to enable the people of the
territory freely to exercise their right to self-determination. A few months later, the Security
Council passed a new resolution – Resolution 389 (1976), of 22 April 197634 – reaffirming
‘the inalienable right of the people of East Timor to self-determination and independence’ and
renewing its call for the immediate withdrawal of the Indonesian forces from the territory.
Still, on 17 July 1976, the Indonesian Parliament passed Law no. 7 of 1976, by force
of which East Timor was annexed as the 27th Province of the Republic of Indonesia (Timor
Timur). The Indonesian authorities claimed to be responding to a request from the people of
East Timor, but the annexation was never accepted by the United Nations as resulting from an
act of self-determination35 and East Timor remained on the list of non-self-governing
territories pursuant to Chapter XI (Nygh 2002: 509). The right of the people of East Timor to
self-determination and independence continued to be affirmed by the General Assembly in
several resolutions until 1982,36 and was expressly mentioned by the International Court of
abrogated by Law no. 113/88, of 29 December 1988, when the bulk of its effects was deemed to have already
been produced.
31
The date of the entry into force of the 1976 Constitution, which excluded East Timor from the definition of
Portuguese territory. However, as noted above, the exclusion was operated earlier, by Law no. 7/74, of 27 July
1974, so it could be argued that it was from this earlier date that births in East Timor were to be considered as
births abroad for purposes of the 1959 Nationality Act. For a similar view, see Piotrowicz (1996: 325).
Nevertheless, 25 April 1976 is the reference date commonly used in the Portuguese literature. See Ramos (2013:
131).
32
The text of Resolution 3485 (XXX), of 12 December 1975, is available at https://documents-ddsny.un.org/doc/RESOLUTION/GEN/NR0/001/98/IMG/NR000198.pdf?OpenElement [02.01.2017].
33
The text of Resolution 384 (1975), of 22 December 1975, is available at https://documents-ddsny.un.org/doc/RESOLUTION/GEN/NR0/782/32/IMG/NR078232.pdf?OpenElement [02.01.2017].
34
The text of Resolution 389 (1976), of 22 April 1976, is available at
http://www.refworld.org/docid/3b00f1710.html [02.01.2017].
35
In its first resolution after the adoption of Law no. 7, the General Assembly expressly rejected the claim that
East Timor had been integrated into Indonesia, ‘inasmuch as the people of the Territory have not been able to
exercise freely their right to self-determination and independence’. Resolution 31/53, of 1 December 1976,
available at https://documents-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/302/36/IMG/
NR030236.pdf?OpenElement [03.01.2017].
36
Besides Resolution 31/53, of 1 December 1976, just cited, see e.g. Resolution 32/34, of 28 November 1977,
available at http://www.un.org/documents/ga/res/32/ares32r34.pdf [03.01.2017]; Resolution 35/27, of 11
RSCAS/GLOBALCIT-CR 2017/7 - © 2017 Author
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