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Top law arguably Asia's freest

Source
South China Morning Post - May 20, 2002

Harald Bruning, Macau – East Timor's constitution, which came into force at midnight last night, is a combination of civil guarantees, national fervour and provisions for social welfare and public ownership of the half-island's natural resources.

It is arguably Asia's freest, and one of the world's most liberal and social-minded, constitutions. The 170-article document is modelled on the constitutions of Portugal, Italy and Germany.

According to its preamble, the official date of the country's independence remains November 28, 1975, when the Revolutionary Front for an Independent East Timor (Fretilin) declared independence. Nine days later the Indonesian army invaded.

The preamble gives importance to two main forces that kept East Timor's struggle for independence alive: the "glorious" National Liberation Armed Forces of East Timor (Falintil) – the armed wing of Fretilin that fought a guerilla war against Indonesia – and the Catholic Church.

And it "solemnly reaffirms" East Timor's determination to uphold respect for human rights and to establish a multi-party democracy.

East Timor's highest law guarantees equality between women and men, and special protection for children, the elderly and the disabled. It also guarantees "every citizen's right to disobey and to resist an illegal order or orders that affect their fundamental rights, freedoms and guarantees".

The appointment of an independent ombudsman to defend human rights and justice is a constitutionally guaranteed must.

Freedom of the press is guaranteed, as is the separation of the Catholic Church and the state.

Every worker has the right to strike and to form or join trade unions, and only national citizens have the right to own land.

While the president is the head of state, the government is headed by a prime minister in a French-style system in which the two may represent different political orientations.

Formally, the constitution clearly fulfils all its expected functions. However, it remains to be seen whether it will be effective in dealing with the myriad problems that East Timor is bound to face as one of the world's poorest countries.

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