Patrícia Jerónimo
and (2) of UNTAET Regulation 1999/3]. The East Timorese members of the Commission
were to be appointed by the Transitional Administrator after consultations with relevant East
Timorese interlocutors and social groups [Article 2 (5) of UNTAET Regulation 1999/3].
Furthermore, the Commission was competent to receive and review individual applications of
legal professionals of East Timorese origin for provisional service in judicial or prosecutorial
office [Article 8 (1) of UNTAET Regulation 1999/3]. The list of certificates required in
Article 9 did not include prove of East Timorese origin.66
In February 2000, when it was still expected that the Transitional Administrator would
promulgate a Regulation on East Timorese citizenship, UNTAET Regulation 2000/9, of 25
February 2000, on the establishment of a border regime for East Timor,67 set provisional
criteria for the identification of those who would be entitled to enter East Timor without need
for a permit. The criteria were similar to those established by the Agreement Regarding the
Modalities for the Popular Consultation of the East Timorese through a Direct Ballot, of 5
May 1999, with the difference of the addition of a time threshold for the birth in East Timor
and the inclusion of grandchildren of persons born in East Timor and of the underage
dependent children of persons born in East Timor or of children/grandchildren of persons
born in East Timor. Per Article 7 (4) of UNTAET Regulation 2000/9, ‘until a regulation on
East Timorese citizenship [was] promulgated by the Transitional Administrator’, a person
seeking entry to East Timor would not require a permit if that person was born in East Timor
before December 1975; was born outside East Timor but with one parent or grandparent born
in East Timor before 1975; or was the spouse, or the dependent child aged under 18, of a
person who fell under one of the previous categories. The burden of proof rested with the
person seeking entry to East Timor [Article 7 (5)]. Article 20, under the heading ‘citizenship’,
clarified that nothing in the regulation conferred or detracted from the rights of citizenship of
any person.
UNTAET Regulation 2001/3, of 16 March 2001, on the establishment of the Central
Civil Registry for East Timor,68 went back to the 1999 Agreement criteria when defining who
was to be considered a ‘habitual resident’ of East Timor for registration purposes. Per Article
6 (1) (a), ‘habitual resident’ denoted a person who was either born in East Timor, or born
outside East Timor but with at least one parent having been born in East Timor, or whose
spouse fell under one of the two previous categories.69 UNTAET Regulation 2001/3
distinguished between habitual residents and ‘long-term residents’, the latter being those who,
without being habitual residents, had resided in East Timor for more than 182 cumulative
days within any consecutive period of 12 months [Article 6 (1) (b)]. The Central Civil
66
Similarly, vague references to ‘East Timorese’ and ‘East Timorese origin’ were made by later regulations
regarding, inter alia, the composition of judicial panels. See, for instance, Articles 10 (3) and 15 (5) of UNTAET
Regulation 2000/11, on the organization of courts in East Timor, available at
http://mj.gov.tl/jornal/lawsTL/UNTAET-Law/Regulations%20English/ Reg2000-11.pdf [11.01.2017]. See also
Article 22 of UNTAET Regulation 2000/15, on the establishment of panels with exclusive jurisdiction over
serious criminal offences, available at http://mj.gov.tl/jornal/lawsTL/UNTAET-Law/Regulations
%20English/Reg2000-15.pdf [11.01.2017].
67
Available at http://mj.gov.tl/jornal/lawsTL/UNTAET-Law/Regulations%20English/Reg2000-09.pdf
[11.01.2017].
68
Available at http://mj.gov.tl/jornal/lawsTL/UNTAET-Law/Regulations%20English/Reg2001-03.pdf
[12.01.2017].
69
This same set of criteria was later used by UNTAET Regulation 2001/22, of 10 August 2001, on the
establishment of the East Timor Police Service, but to define ‘resident of East Timor’ without further
qualifications [Article 1 (n)]. Per Article 16 (3) (a), only residents of East Timor were eligible for appointment
into the East Timor Police Service. UNTAET Regulation 2001/22 is available at
http://mj.gov.tl/jornal/lawsTL/UNTAET-Law/Regulations%20English/Reg2001-22.pdf [12.01.2017].
16
RSCAS/GLOBALCIT-CR 2017/7 - © 2017 Author
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents