Patrícia Jerónimo
cases in which a foreign State attributes its citizenship by birth to a Timorese citizen. Since
Timor-Leste allows dual citizenship, it is likely that some Timorese citizens will naturalise
abroad while keeping their Timorese citizenship and it is reasonable for the Timorese
authorities to refuse to recognise the acquisition of a foreign citizenship and its effects in
Timor-Leste under Article 29, in spite of the wording of this provision. If the competing
citizenships are all foreign, Article 30 prescribes that the prevailing citizenship will be that of
the state where the foreigner has his or her habitual residence or, in its absence, that of the
state with which the foreigner keeps stronger ties.
A final note just to mention Decree-Law no. 2/2004, of 4 February 2004 (Legal
Regime of Civil Identification),104 which replaced UNTAET Regulation 2001/3. Decree-Law
no. 2/2004 instituted an identity card (bilhete de identidade) for ‘national citizens’ [Article 3
(1)] to constitute sufficient evidence of the Timorese citizenship and civil identity of his or
her holder vis-à-vis any public or private authorities and entities [Article 4 (1)]. The
procurement of the identity card is mandatory for national citizens and its presentation is
mandatory when imposed by law (Article 5). Identity cards were issued over a period of one
year, between December 2009 and December 2010, according to the calendar set by
Ministerial Diploma no. 073/2009, of 24 November 2009.105 In the interim, the ‘habitual
resident’ identity card issued under UNTAET Regulation 2001/3 was recognised as
temporarily valid [Article 50 (3) of Decree-Law no. 2/2004].
3.1. Modes of attribution and acquisition of Timorese citizenship
Birth in the territory to a father or a mother born in the territory: Instead of beginning its
listing of grounds for attribution of citizenship by birth with the strongest and most evident
grounds, i.e. the coincidence of ius soli and ius sanguinis, the Timorese Constitution begins
with what resembles a ‘double ius soli’ provision. Timorese citizens by birth are those born in
national territory to a father or a mother born in Timor-Leste [Article 3 (2) (a) of the
Constitution, replicated by Article 8 (1) (a) of the Nationality Act]. This choice of wording is
easy to understand if we recall that the 1990 Mozambican Constitution – after which Article 3
is modelled – begins its section on citizenship by birth with a very similar provision.
Nevertheless, this wording has proven counterintuitive and some in Timor-Leste have
interpreted Article 3 (2) (a) as requiring that one of the parents be a Timorese citizen
(Jerónimo 2011b: 33). The Government clearly shared this interpretation at some point, since
Decree-Law no. 1/2004, of 4 February 2004 (Regulation of the Nationality Act), identified as
entitled to Timorese citizenship the individuals born in Timorese territory to a father or a
mother born in Timor-Leste in whose birth registration is mentioned the Timorese citizenship
of one of the parents [Article 1 (1) (a) of the Regulation]. This interpretation has no basis in
the text of the Constitution and the restriction introduced by the Nationality Regulation is to
be deemed unconstitutional. Again, however, it is not difficult to understand this legislative
course. To interpret Article 3 (2) (a) of the Constitution as a double ius soli provision means
the automatic attribution of Timorese citizenship by birth to the children of foreigners,
104
Regime Jurídico da Identificação Civil, available at http://www.mj.gov.tl/jornal/public/docs/2002_
2005/decreto_lei_governo/2_2004.pdf [23.01.2017].
105
Aprova os Modelos de Impresso de Pedido e Emissão de Bilhete de Identidade de Timorenses, available at
http://www.mj.gov.tl/jornal/public/docs/2009/serie_1/serie1_no44.pdf [23.01.2017].
24
RSCAS/GLOBALCIT-CR 2017/7 - © 2017 Author
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