Dili – The Constituent Assembly today passed a further four articles of East Timor's 151-article draft Constitution. The articles, all passed by significant majorities, are the following:

Article 106 states that the Government will be dismissed when a new legislative term begins; the Prime Minister resigns; if the Prime Minister dies or is permanently disabled; or if its programme is rejected by Parliament for the second consecutive time. The Government can also be dismissed if a motion of confidence is rejected, or if a vote of no-confidence is passed by an absolute majority. This Article also says the President of the Republic can only dismiss the Prime Minister for the reasons mentioned above in order to safeguard the proper functioning of the democratic institutions.

Article 107 states that when a member of the Government is charged with an offence punishable with a sentence of more than two years imprisonment he or she shall be suspended so that legal proceedings can proceed.

The assembly members also introduced a new section, Article 107a, that says no member of the Government shall be detained without previous authorisation from Parliament, except for crimes punishable with sentences of more than two years.

Article 108 outlines the key responsibilities and competencies of the Government. These include defining and implementing the general policy of the country, guaranteeing the exercise of fundamental rights and freedoms of the citizens and ensuring public order and social discipline. Other competencies outlined in this section relate to State security, economic and financial issues, foreign policy and labour.

US Congress members advise assembly to extend debate

UNTAET Daily Briefing - January 15, 2002

Dili – East Timor's Constituent Assembly this morning received a letter from eight members of the US Congress proposing that the assembly extend its deliberations beyond its current 25 January deadline.

"From our end, we want to assure you that we would like the Constituent Assembly to have as much time as it needs to write the best possible Constitution for East Timor. In this regard, we propose that you consider further extending the session, perhaps by two months beyond [the 25 January] date," the letter said.

The letter, dated 10 January, was signed by Dennis Kucinich, Barbara Lee, Chris Smith, Anthony Weiner, Tammy Baldwin, Bernard Sanders, Lane Evans and Sam Farr.

"Your Constitution would still be finished well before formal independence [and] the extra time would enable more thorough discussions and additional consultation within the Constituent Assembly and throughout East Timor," the letter added.

The US Congress members also advised the assembly to consider what it said was "the frequently used practice of a constitutional review process within a few years of initial passage of the Constitution."

Upon receipt of the letter the assembly members discussed its contents and subsequently agreed to formulate a response based on input from each of the political parties represented in the 88-member body. However, no decision was taken regarding a shift in the deadline.

The Assembly has now passed 123 articles of the 151-article draft Constitution.

The articles passed since early last Friday include Article 112, which incorporates the principal of judicial independence and mandates that judges are expected to be independent in the exercise of their functions, and obedient to the Constitution, the law and their conscience. An amendment to the article was passed stating that judges are not legally liable for their judicial decisions, except in situations provided for by law.

Article 113 provides that judges may not perform other functions except teaching or legal research, and Article 114 provides that the courts shall not apply laws that contravene the Constitution or the principles contained therein.

Article 115, passed on Monday, provides for three categories of courts: The Supreme Court of Justice and other courts of law; Administrative courts and a High Administrative, Tax and Audit Court; and Military courts.

The Supreme Court of Justice is established by Article 116 as the highest court of law. Its President will be chosen from among judges of the Supreme Court and appointed by East Timor's President.

Article 118 provides that the Supreme Court has the jurisdiction to make declarations of illegality or unconstitutionality upon application by the Prime Minister, President, President of Parliament, Attorney General, Ombudsman, or one fifth of the members of Parliament.

Article 119, passed today, says that only career judges of original East Timorese nationality may become members of the Supreme Court.

Article 120 says the Superior Council for the Judiciary is the organ of management and discipline of the judiciary. It will be presided over by the President of the Supreme Court of Justice, and other members will include one person designated by the President of the Republic, one member elected by Parliament, one appointed by the Government and one elected by the judges from among their peers.

Article 121 says the High Administrative, Tax and Audit Court is the highest body in the hierarchy of administrative, tax and audit courts. This court's functions include ensuring the fiscal legality of public spending, judging actions arising from legal, fiscal and administrative matters, and ruling on contentious appeals against decisions made by State organs.

Article 122 says military courts will have the competence to judge military matters, and with Article 123, members agreed that court hearings will be public unless the court rules otherwise to safeguard personal dignity, public morality and national security.