Report on Citizenship Law: East Timor (Timor-Leste)
4. Current political debates and reforms
As pointed out at the start of this report, the Timorese citizenship regime has not yet reached
the courts. A case law search on the Timorese courts’ website only produced one result and
this was not a ‘citizenship case’.140 The dispute centred on the illicit occupation of a house
and one of the arguments used by the occupants to contest the ownership of the house by the
claimant was that she was an Indonesian citizen and therefore could not own immovable
assets in Timor-Leste. The claimant’s Timorese citizenship was accepted as unquestionable
by the Court of Appeal on the simple grounds that she had proved to have been born in the
city of Baucau, Timor-Leste, on 6 June 1961. The Court of Appeal mentioned Article 3 (2)
and (3) of the Constitution as well as Article 8 (1) and (2) of the Nationality Act, but there is
no indication that it checked whether the claimant also fulfilled other constitutional and legal
requirements for the attribution of Timorese citizenship besides birth in the territory. From the
brief references in the text of the judgement, it is not possible to assess whether the claimant
was born to a Timorese parent, to parents also born in Timor-Leste, to unknown parents, to
stateless parents or to parents of unknown citizenship.
The superficial way in which the Court of Appeal addressed the issue can be taken as
representative of the general approach to citizenship issues in the country. As pointed out
throughout this report, the legal framework set by ordinary legislation is full of terminological
and regulatory inconsistencies and is often at odds with the constitutional norm, which raises
questions as to its validity. A thorough legal reform seems to be in order. The criteria set by
the Constitution need refinement, to dispel doubts as to their scope (e.g. by setting temporal
benchmarks) and to align the Timorese legal system with the requirements of International
Law as to effective ties between the citizen and the state of citizenship. The Nationality Act
and the Nationality Regulation need to be revised in order to eliminate all the provisions
which do not pass constitutional muster and to gain precision and consistency. There are also
important questions still to be addressed, either in the Constitution or in ordinary legislation,
concerning, for instance, the effects of loss of citizenship on land ownership in Timor-Leste.
140
Judgment of the Court of Appeal of 15 March 2010, Case no. AC-10-03-2010-P-12-CIV-09-TR, available at
https://www.tribunais.tl/?q=node/4 [05.02.2017].
RSCAS/GLOBALCIT-CR 2017/7 - © 2017 Author
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