Patrícia Jerónimo Article 3 of the Timorese Constitution adopts the traditional ius soli and ius sanguinis principles for the attribution of citizenship by birth. Both principles are enunciated in very broad terms, making access to Timorese citizenship by birth remarkably easy. This may be explained by the fact that Timor-Leste is a small and poor country with a vast diaspora, but later legal developments, i.e. the adoption of the 2002 Nationality Act and of the 2004 Nationality Regulation,4 suggest that the Constituent Assembly might have come across as more inclusive than what was actually intended. The attempts made by the National Parliament and by the Government to introduce restrictions in the access to Timorese citizenship by birth lack a constitutional mandate and should be deemed unconstitutional. The issue, however, has not yet reached the Timorese courts and seems to be absent from academic and political debates in the country. The wide scope with which the ius soli and ius sanguinis principles are enshrined in the Timorese Constitution may be considered problematic for its potential incompatibility with international law standards, as it allows for the attribution of Timorese citizenship by birth to individuals who have no effective ties with Timor-Leste. In spite of this potential contradiction with international law, the Timorese citizenship regime – as set by the Constitution and by the 2002 Nationality Act – is clearly designed to be in line with international human rights standards. Timorese law institutes safeguards against statelessness [Article 3 (2) (b) of the Constitution, Articles 11 (2) and 14 (1) of the Nationality Act], shows considerable respect for individuals’ will in matters of attribution and loss of citizenship [Article 3 (2) (c) of the Constitution, Article 14 (1) of the Nationality Act], and accepts dual citizenship [Article 29 of the Nationality Act]. Furthermore, it treats citizenship not only as a legal status, but also as a fundamental right, as evidenced by the inclusion of citizenship among the rights that are to be safeguarded in case of public emergency [Article 25 (5) of the Constitution]; by the attribution of Timorese citizenship by birth to anyone born in TimorLeste who does not hold another citizenship [Article 3 (2) (b) of the Constitution]; and by the prohibition of arbitrary deprivations of citizenship and of the right to change citizenship [Article 2 (1) of the Nationality Act]. The mix-and-match of international and foreign legal influences explains many of the inconsistencies that pervade the Timorese citizenship regime, as well as its overall poor legislative technique. They may also help explain some misunderstandings about the content of the rules in force among public officials and members of the political elite. Until recently, Timorese authorities were reportedly denying Timorese citizenship to individuals falling under one of the categories of Article 3 of the Constitution on the grounds that these individuals also held Indonesian citizenship and that Indonesian law does not allow dual citizenship (even though dual citizenship is allowed by Timorese law, the law which the Timorese authorities should be applying). There are also reports of discriminatory practices against individuals of Chinese descent, both when they request recognition as Timorese citizens by birth under Article 3 of the Constitution and when they apply for acquired citizenship (cidadania adquirida) under one of the categories set by the 2002 Nationality Act. One reason for these misunderstandings may be that the constitutional and legal provisions on access to Timorese citizenship, being as they are transplanted from foreign legal systems, do not adequately reflect the sentiments among the Timorese about who belongs and who does 4 Like in many other legal systems, citizenship and nationality are taken as synonymous and used interchangeably in Timor-Leste. The Timorese Constitution even uses the two terms in the same provision, with the same meaning [Article 3 (2) (b)]. Editorial constraints require us to use the term ‘citizenship’ in this report, even when ‘nationality’ is the term used in the primary sources. The only exception will be the reference to Nationality Acts or Regulations. 2 RSCAS/GLOBALCIT-CR 2017/7 - © 2017 Author