Report on Citizenship Law: East Timor (Timor-Leste)
oppose the reacquisition, counted from the date of the submission of the application [Article
17 (1) of the Nationality Act].
Per Article 19 of the Nationality Regulation, Articles 13 and 14 apply to the
reacquisition procedure. Therefore, the request is directed at the Minister of Justice and
submitted before the competent service of the National Directorate for Registries and Notary.
Upon submission, the request is subject to a preliminary assessment by the Director of the
Department for Civil Central Registry and Citizenship who determines whether the file is
complete or not [Article 13 (2) of the Nationality Regulation]. If the file is incomplete, the
applicant is notified and given 30 days to add documents, give information or perform any
other act that might be required, absent which the application is shelved [Article 13 (4)]. Once
the file is complete, the National Director for Registries and Notary has eight days to order
the publication of the application in several fora, at the applicant’s expenses [Article 13 (5)],
following which the Director sends the file to the Public Prosecutor [Article 13 (6)]. The
Public Prosecutor issues its opinion after receiving information from the National Police and
the Intelligence Services and sends the complete file to the Minister of Justice who then has
30 days to decide [Article 13 (7) and (8) of the Nationality Regulation]. Per Article 17 (2) of
the Nationality Act, all authorities must report to the Public Prosecutor any of the facts likely
to constitute grounds for opposition under Article 16 of the Nationality Act and citizens may
report such facts if they so wish.
If the Minister grants the reacquisition of Timorese citizenship in accordance with a
favourable opinion by the Public Prosecutor, the reacquisition is registered in the Citizenship
Registry [Article 14 (1) (a) of the Nationality Regulation]. If the Justice Minister decides
against the reacquisition, in accordance with the opinion of the Public Prosecutor, the
applicant may appeal the decision to the Supreme Court of Justice within 30 days after he or
she is personally notified of the decision [Article 14 (1) (b) of the Nationality Regulation]. If
the Minister’s decision, either positive or negative, is contrary to the Public Prosecutor’s
opinion, the Public Prosecutor must appeal the decision to the Supreme Court of Justice
within 30 days [Article 14 (1) (c) of the Nationality Regulation].
Neither the Nationality Act nor the Nationality Regulation clarify whether or not the
reacquisition has retroactive effects, i.e. whether or not it returns the individual to the legal
situation existing prior to the loss of Timorese citizenship. For instance, it is not clear whether
the reacquisition of Timorese citizenship by a former Timorese citizen by birth returns him or
her to his/her status as a citizen by birth (eligible to the office of President of the Republic) or
whether it is a form of facilitated acquisition which renders him/her ineligible to the office of
President of the Republic. Retroactive effects, which are the rule under the 2004 (as were
under the 1990) Mozambican Constitution,136 would raise a number of practical difficulties in
Timor-Leste, as they would require inter alia the restitution of land which might have been
seized by the state and the reinstatement of the former citizen as civil servant in the Public
Administration, to mention just the two effects of loss pointed out earlier.
136
Articles 25 (2) and 26 (2) of the 1990 Mozambican Constitution and Article 32 (3) of the 2004 Mozambican
Constitution, the latter available at http://www.presidencia.gov.mz/files/republica/
constituicao_republica_moc.pdf [05.02.2017].
RSCAS/GLOBALCIT-CR 2017/7 - © 2017 Author
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