Report on Citizenship Law: East Timor (Timor-Leste)
Loss of Timorese citizenship acquired by naturalisation following the performance of
unauthorised sovereign functions on behalf of a foreign state: Per Article 14 (2) (b) of the
Nationality Act, Timorese citizenship acquired by naturalisation is withdrawn if the
naturalised citizen exercises sovereign functions on behalf of a foreign state without
authorisation from the Timorese government. Neither the Nationality Act nor the Nationality
Regulation elaborate on what are to be considered ‘sovereign functions’ for the purposes of
Article 14 (2) (b), although it is safe to assume that these will include functions in the three
branches of government (legislative, executive and judicial), e.g. as parliamentarian, cabinet
minister, justice, and diplomat. Again there is no safeguard against statelessness. The
procedure for withdrawal of citizenship, before the Minister of Justice and the Supreme Court
of Justice, is that which is set in Article 17 of the Nationality Regulation and which we
described in the previous section.
Loss of Timorese citizenship acquired by naturalisation following conviction for crime
against the external security of Timor-Leste: Per Article 14 (2) (c) of the Nationality Act,
Timorese citizenship acquired by naturalisation is withdrawn if the naturalised citizen is
convicted in last instance for a crime against the external security of the ‘Timorese State’. The
Criminal Code134 in force includes a section on ‘crimes against the security of the State’,
which lists treason, cooperation with enemy armed forces, sabotage against the national
defence, campaign against peace efforts, violation of State secrets, diplomatic infidelity,
subversion of the rule of law, attempt against holder of sovereign office, coercion against
constitutional organ, disturbance of the workings of constitutional organ, and insult against
national symbols (Articles 196 to 206 of the Criminal Code). It is doubtful, however, that all
the crimes listed in this section are to be considered as grounds for loss under Article 14 (1)
(c) – consider, for instance, the crime of disturbance of the workings of constitutional organ –
and, on the other hand, that only the crimes here listed amount to crimes against the security
of Timor-Leste. Suffice to say that terrorism and other crimes against peace and humanity are
listed in a different section of the Criminal Code, in Articles 123 and ff. Without a clear legal
criterion to identify crimes against the external security of the Timorese state, it will be up for
the Minister of Justice, and ultimately, to the Supreme Court of Justice, to determine whether
a conviction for a specific crime can lead to the withdrawal of Timorese citizenship under
Article 14 (1) (c) of the Nationality Act. There is no safeguard against statelessness. The
procedure is that which is set by Article 17 of the Nationality Regulation.
Loss of Timorese citizenship acquired by naturalisation due to fraud: Per Article 14 (2) (d)
of the Nationality Act, Timorese citizenship acquired by naturalisation is withdrawn if it is
established that the naturalised citizen obtained Timorese citizenship by forging documents,
by using fraudulent means or by misleading the competent authorities in any other way. There
is no safeguard against statelessness. The procedure is that which is set by Article 17 of the
Nationality Regulation.
134
Approved by Decree-Law no. 19/2009, of 8 April 2009, available at
http://www.mj.gov.tl/jornal/?q=node/1271 [05.02.2017].
RSCAS/GLOBALCIT-CR 2017/7 - © 2017 Author
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