Timor-Leste is a small country in southeast Asia that is found on the eastern-half of the island of Timor and is bordered with Indonesia. Timor-Leste also has an exclave separate from the mainland on the western part of the island and has two smaller islands, the smallest called Jaco right off the tip of the eastern-most coast and the larger called Atauro off-shore from the country’s capital city Dili. The country has coasts along the Timor, Savu and Banda seas, Australia is nearby across the Timor Sea.
From the 16th Century what is Timor-Leste was colonised by Portugal and named Portuguese Timor and a part of their Empire. Due to the 1974 Portuguese Revolution, the colony was effectively abandoned and civil war broke out between political parties in the territory, leading to The Revolutionary Front for an Independent East Timor to declare independence on 28th November 1975.
This was short-lived though as in December 1975 Indonesia launched an invasion of East Timor and occupied it as they feared a Communist state rising there and they declared it Indonesia’s 27th Province. During the occupation there was much violence and slaughter and suffering as well as East Timor guerrilla forces fighting a long campaign against Indonesian forces in the territory, the 1991 Dili massacre turned the tide against Indonesia.
After Suharto, President of Indonesia resigned there was an UN-sponsored referendum that led to a clear vote for independence in East Timor in 1999, which Indonesia there-forth relinquished control of the territory after some pro-integration backlash/violence. In 2002 the UN officially declared that East Timor was independent (making it the first country to get independence in the 21st Century) and the country adopted the name Timor-Leste on September 2002.
The country’s official languages are Tetum and Portuguese and there are also at least 15 national languages that are recognised as well. Roman Catholic is the largest religion and the country uses the US Dollar as its currency and also uses East Timor centavo coins alongside US Dollar banknotes and coins. The country’s population is estimated to reach 1,383,723 by July 2020.
Government Type
East Timor’s system is a semi-presidential representative democratic republic which includes a President as Head of State and a Prime Minister as Head of Government, there is also a unicameral parliament called the National Parliament that makes up the legislative government. Multiple parties are allowed. Timor-Leste is a unitary state.
The Executive Government
So as said above there is a President who is Head of State and as always, this position comes with a number of other executive powers as well.
Head of State Absence and Incapacity
The President should notify parliament or its Standing Committee if he shall be absent from the national territory. Private visits no longer than 15-days do not require parliamentary consent, but the President should still notify the parliament in advance. Forfeiture of office may result in not notifying parliament of absence lasting longer than 15-days.
If the president dies, resigns or is definitively incapacitated or if the President-elect refuses to take office then those functions shall be taken by an interim who shall be the President of the National Parliament until fresh elections elect a new President who is then sworn in.
If permanent absence happens during exceptional circumstances such as war, state emergency or so on that prevents a presidential election from taking place, then the National Parliament shall themselves elect a new President of the Republic.
Under temporary absence of the President of the Republic the President of the National Parliament shall hold interim until their return.
Presidential Duties and Powers
The President is the Supreme Commander of the country’s armed forces. The President chairs the meetings of the Council of State and Council of Defense and Security.
The President calls referendums either at the will of the National Parliament where a referendum has been proposed by at least one-third of its members and then confirmed by at least a two-thirds majority of its members or following a proposal by the Government that is well-founded. Referendums are only binding if the number of voters is higher than at least half of the registered voters.
The President promulgates statutes passed by the National Parliament but can instead exercise the right of veto on a stature they disagree with. The President also orders the publication of resolutions by the National Parliament and ratifies international treaties and conventions.
If the President vetoes a passed law bill it is sent back for reconsideration but if it is to be passed again without change it will require an absolute majority of the National Parliament’s members (or in some cases a two-thirds majority).
The President can call for an extraordinary meeting of parliament if imperative reasons of national interest justify it. The Standing Committee or at least one-third of members can also call an extraordinary session.
The President can address messages to the National Parliament.
The President appoints and swears in the Prime Minister who has been designated by the largest party or coalition that holds the largest majority after consultation with the political parties sitting in the National Parliament.
In cases of a serious institutional crisis such as that prevents a Government from forming or that prevents the state budget being passed within a specified period, the President can dissolve the National Parliament after consultation with the parties in the National Parliament and consultation with the Council of State.
The President appoints and removes government members on advice from the Prime Minister.
The President shall dismiss the Government and remove the Prime Minister if the National Parliament has rejected their program two consecutive times.
Orders the Supreme Court of Justice to review the constitutionality of rules and verification of unconstitutionality by omission.
The President declares a state of siege or state of emergency after authorization/consent by the National Parliament and after consultation with the Council of State, the Government and the Supreme Council of Defense and Security.
The President declares war or makes peace following a Government proposal and after consultation with the Council of State and Supreme Council of Defense and Security and also under authorization from Parliament.
The President has the power to pardon and commute sentences after consultation with the Government.
The President appoints and dismisses ambassadors, permanent representatives and special envoys, on proposal of the Government.
The President receives credential letters of accreditation and accredits foreign diplomatic representatives.
In consultation with the Government the President shall conduct negotiation towards the completion of international agreements in the field of defense and security.
Other Institutional and Public Appointments
The President appoints two members of the Council of Defense and Security.
The President shall appoint the President of the Supreme Court of Justice which is confirmed by the National Parliament.
The President appoints the Prosecutor-General as well as the Deputy.
Appoints five members of the Council of State.
Also appoints one member for the Superior Council of the Judiciary and the Superior Council for the Public Prosecution.
On proposal of the Government the President also appoints and dismisses, the General Chief of Staff of the Defense Force and its Deputy and the other Chiefs of Staff of the Defense Force, after consultation with the General Chief of Staff of the Defense Force (including on the Deputy).
Head of State Removal
The President can be put before the Supreme Court of Justice for crime committed in office or for violations of the country’s constitution. The National Parliament can put the President before that court for those reasons via a proposal made by one-fifth of its members and that is voted through by at least a two-third majority of the parliament’s members.
If the President is convicted by the Supreme Court of Justice they shall be removed from office and disqualified from being re-elected.
Council of State
The Council of State is the consultative organ of the President of the Republic and the President shall preside over it.
Members of the Council of States are former President’s as ex-officio members (as long as they were not removed from office), the President of the National Parliament, the Prime Minister, five citizens elected by the National Parliament via proportional representation corresponding with the legislative term and five citizens appointed by the President of the Republic that corresponds with the presidential term.
The job of the above council is to express opinion on matters at decision of the President of the Republic, such as on dissolution of the National Parliament, dismissal of Government, declaration of war and making peace and other things mentioned in the constitution or if the President asks for advice on any other matter.
The Council of State’s sessions are closed to the public.
The Government
The Government is headed by the Prime Minister and is made up of Ministers and Secretaries of State. There can also be one or more Deputy Prime Ministers and Deputy Ministers. These members of Government are appointed (and removed) by the President of the Republic on advice from the Prime Minister.
The Government and Prime Minister must keep the confidence of the National Parliament to remain in power.
There is a Council of Ministers made up of the Prime Minister and Ministers. Secretaries of State and Deputy Ministers may also be summoned to attend meetings but shall not have a vote on its agenda.
Ministers of Government head various Departments of Government. The Government and Council of Ministers ensure promulgated legislation is enacted and they execute the domestic and foreign policy of the nation.
A new Government will also make a program to present to parliament, which includes its objectives and tasks and so on. The National Parliament may reject such a program by an absolute majority, seen as a lack of confidence in the Government and can lead to removal of the Prime Minister and Government.
The Government will make a State Plan and State Budget. They will regulate economic and social activities. The Government prepares and negotiates treaties and defines and implements the foreign policy of the country.
The Government may also request a Vote of Confidence from the National Parliament on a statement of general policy or any relevant matter national interest.
One-quarter of the National Parliament’s members can also bring forth a motion of No Confidence against the Government, which requires an absolute majority to vote no confidence in the Government.
Government will also be dismissed if the Prime Minister resigns, dies or becomes definitively incapacitated.
The Legislative Government
The National Parliament is the unicameral chamber that makes up the legislative government. Its main job is to have law bills and resolutions introduced, debated, amended and either passed or rejected, if passed it shall move on to the President of the Republic for promulgation. Legislation is introduced by either the Government (through the President of the Republic, who can choose to veto it instead of introducing it) or by parliamentary members themselves.
The Parliament also votes on the annual state budget and on the program of a Prime Minister’s new Government. Parliament oversees the workings of the Government and may hold them to account on their actions. Members of Government can attend plenary sessions and also answer questions from members of Parliament.
The Parliament elects 5 citizens to the Council of State and one member each to the Superior Council of the Judiciary and the Superior Council of Defense and Security.
Parliament approves or renounces and ratifies international treaties and conventions that have been negotiated by the Government and President of the Republic.
Parliament can also grant amnesty.
The Parliament’s members sets up its Standing Committee and other Committee’s for the functioning of the National Parliament.
Parliament can also authorize the Government to legislate on matters.
Within 30 days of publication, one-fifth of members can petition to submit a legislative act for appraisal (excluding those approved by exclusive legislative powers of the Government) to either terminate or amend the legislative act. The National Parliament can also suspend a law, either in full or in part, until it has been appraised, this suspension will end if after 10 plenary sessions no final decision was made. The process has a whole will end if no decision is made on appraisal before the legislative session ends, given that at least 15 plenary sessions have taken place.
The National Parliament can have anywhere from 52-65 members, which currently it has the maximum of 65 members.
The Standing Committee represents Parliament if it is dissolved or in recession or for other reasons that parliament may not be sitting. It is presided over by the President of the National Parliament and also includes the Vice-Presidents of the Parliament and Parliamentary members designated by parties sitting in the Parliament in accordance with respective representation.
The Judicial System
The President of the Supreme Court of Justice is appointed by the President of the Republic and authorized by the National Parliament.
One Supreme Court of Justice judge is elected by the National Parliament and all the rest are appointed by the Superior Council for the Judiciary.
The Superior Council of the Judiciary is an organ that can discipline judges and also appoint, assign, transfer and promote them. The Council is presided over by the President of the Supreme Court of Justice and it has four other members, one designated by the President of the Republic, one elected by the National Parliament, one designated by the Government and one elected by the judges of the courts of law from among their peers.
The Electoral System
Presidential elections happen every 5-years. Presidential elections use the two-round system where to win in the first round a candidate requires an absolute majority otherwise a 2nd round is held between the top two candidates which is won by simple majority.
To be candidate for President one must be an original citizen of Timor-Leste and be at least 35-years-old and in possession of all their faculties and they must be proposed by at least five-thousand voters. One person can serve a max of two-terms (10-years) and can then no longer be President again.
Parliamentary elections happen every 5-years. Members are elected from a nationwide constituency using a proportional representation system where if a party reaches a certain threshold of votes, they are guaranteed seats.
To vote one must be a citizen of Timor-Leste and be at least 17-years-old. Voting is not mandatory.
Sources
The source for this post comes from the Timor-Leste 2002 constitution (constituteproject.org) and so should be as accurate as possible but of course there is always the chance I missed something or misinterpreted something and of course the constitution can always be amended and so this post may eventually become outdated so if you are using this in a serious capacity it remains important to cross-research.
Some information on population and mode of election is from the CIA World Factbook’s Timor-Leste entry.
Changes to the constitution need to be proposed by parliament members or groups and consideration requires at least a four-fifths majority and passage/adoption of the amendment requires a two-thirds majority and promulgation by the President of the Republic. Some amendments may require a national referendum to confirm.
Next up will be the government system of Ecuador.
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