Report on Citizenship Law: East Timor (Timor-Leste) Per Article 6 of the Nationality Act, the loss of Timorese citizenship produces effects from the date of the acts or facts that originate it. One prominent effect of the loss of Timorese citizenship is the loss of the entitlement to own land in Timor-Leste [Article 54 (4) of the Timorese Constitution]. This raises a number of practical questions regarding ownership of land by former citizens, in particular when they did not renounce their Timorese citizenship (in which case they had time to make arrangements regarding their land assets in Timor-Leste), but were deprived of Timorese citizenship against their will. Is ownership of such land to pass directly to the state or should priority be given to the person’s heirs who are Timorese citizens, if they exist? If the land is lost to the state, should the person be awarded a financial compensation? And what should be the consequences of a later reacquisition of Timorese citizenship by the same person? The Timorese legislator is yet to address the issue. One effect of the loss of Timorese citizenship which has already been addressed by the legislator is the loss of the position as a civil servant in the Public Administration of TimorLeste. Law no. 8/2004, of 5 May 2004 (Public Administration Statute),132 prescribes that only Timorese citizens may apply for permanent positions in the Public Administration [Article 14 (1) (a)], adding that the loss of citizenship results in the automatic loss of the position as a civil servant, without the need to follow the normal layoff procedure [Article 14 (3)]. Renunciation of Timorese citizenship following naturalisation abroad: Per Article 14 (1) (a) of the Nationality Act, a person who voluntarily acquires a foreign citizenship and expresses his or her wish not to be Timorese loses Timorese citizenship. Any Timorese citizen (by birth or any form of acquisition) who also holds another citizenship is entitled to renounce his or her Timorese citizenship. This provision combines respect for the individuals’ will with a proviso designed to prevent statelessness. The acquisition of a foreign citizenship is not, in and of itself, a cause for loss, which attests the acceptance of dual citizenship in Timor-Leste and makes it illegitimate for the Timorese authorities to deny Timorese citizenship to individuals who have another citizenship (e.g. Indonesian citizenship) if these individuals do not expressly renounce their Timorese citizenship. Renunciation is not to be assumed. Article 16 (1) (a) of the Nationality Regulation replicates Article 14 (1) (a) of the Nationality Act with a slightly different wording. Article 16 (2) of the Nationality Regulation, in yet another case of imprecise phrasing, lists the formalities to be adopted in cases of voluntary loss, mixing cause with effect and requirements imposed on individuals with actions to be taken by the Timorese authorities. It reads: ‘Those who have lost Timorese citizenship under the previous paragraph must: (a) make a declaration expressing the wish not to be Timorese; (b) present certificate or document attesting the acquisition of a foreign citizenship; (c) the National Directorate for Registries and Notary records the wish not to be Timorese in the book on loss of citizenship’. Renunciation of Timorese citizenship by children born abroad to Timorese parents, upon reaching majority: Per Article 14 (1) (b) of the Nationality Act, the underage children of Timorese citizens who are born abroad and who, due to that fact, also have another citizenship, lose Timorese citizenship if, upon reaching majority, they express their wish not to be Timorese. Given the broad scope of Article 14 (1) (a), this provision is arguably redundant. The content of the two subparagraphs is certainly very similar, in the combination of respect for the individuals’ will with a safeguard against statelessness. The only difference seems to be in the reference to ‘voluntary acquisition’ of a foreign citizenship in subparagraph 132 Estatuto da Função Pública, available at http://www.mj.gov.tl/jornal/public/docs/2002_2005/leis_ parlamento_nacional/8_2004.pdf [05.02.2017]. RSCAS/GLOBALCIT-CR 2017/7 - © 2017 Author 35