I talk about the government system of Timor-Leste/East Timor from executive to legislative and how elections work.

1. June 4, 2020
The Government System of Timor-Leste (East Timor)
theweeklyrambler.com/the-government-system-of-timor-leste-east-timor/
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
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2. coins alongside US Dollar banknotes and coins. The country’s population is estimated to
reach 1,383,723 by July 2020.
Government Type
Timor-Leste Coat of Arms. (Public Domain).
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
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3. The Government Palace. Photo by J. Patrick Fischer. CC BY-SA 3.0.Source.
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.
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4. 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
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5. 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
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6. 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
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7. National Parliament. Photo by Daivd Robie/Pacific Media Centre. CC BY-SA 3.0.Source.
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.
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8. 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
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9. Photo by J. Patrick Fishcher. CC BY-SA 3.0.Source.
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
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10. 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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