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

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