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of a foreign state: Per Article 14 (2) (b) of the Nationality Act, Timorese citizenship acquired by naturalisation is withdrawn if the naturalised citizen exercises sovereign functions on behalf of a foreign state without authorisation from the Timorese government.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of Timor-Leste: Per Article 14 (2) (c) of the Nationality Act, Timorese citizenship acquired by naturalisation is withdrawn if the naturalised citizen is convicted in last instance for a crime against the external security of the ‘Timorese State’.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 37

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