PART VII
FINAL AND TRANSITIONAL PROVISIONS
Section 158
(Treaties, agreements and alliances)
1. Confirmation, accession and ratification of bilateral and multilateral
conventions, treaties, agreements or alliances that took place before the entry
into force of the present Constitution shall be decided upon by the respective
competent bodies on a case-by-case basis.
2. The Democratic Republic of East Timor shall not be bound by any treaty,
agreement or alliance entered into prior to the entry into force of the
Constitution which is not confirmed or ratified or adhered to, pursuant to item
1 above.
3. The Democratic Republic of East Timor shall not recognise any acts or
contracts concerning the natural resources, referred to in item 1 of Section 139
entered into or undertaken prior to the entry into force of the Constitution
which are not confirmed by the competent bodies after the Constitution enters
into force.
Section 159
(Working Languages)
Indonesian and English shall be working languages within civil service side
by side with official languages as long as deemed necessary.
Section 160
(Serious Crimes)
Acts committed between the 25th of April 1974 and the
31st of December 1999 that can be considered crimes against humanity
of genocide or of war shall be liable to criminal proceedings with the national
or international courts.
Section 161
(Illegal appropriation of assets )
Illegal appropriation of mobile and fixed assets that took place before the
entry into force of the present Constitution is considered crime and shall be
resolved as provided for in the Constitution and the law.
Section 162
(Reconciliation)
1. It is incumbent upon the Commission for Reception, Truth and
Reconciliation to discharge functions conferred to it by UNTAET Regulation No.
2001/10.
2. The competencies, mandate and objectives of the Commission shall be
redefined by the Parliament whenever necessary.
Section 163
(Transitional judicial organization)
1. The collective judicial instance existing in East Timor, integrated by
national and international judges with competencies to judge serious crimes
committed between the 1st of January and the 25th of
October 1999, shall remain operational for the time deemed strictly necessary to
conclude the cases under investigation.
2. The judicial Organization existing in East Timor on the day the present
Constitution enters into force shall remain operational until such a time as the
new judicial system is established and starts its functions.
Section 164
(Transitional competence of the Supreme Court of
Justice)
1. After the Supreme Court of Justice starts its functions and before the
establishment of courts as laid down in Section 129, the respective competence
shall be exercised by the Supreme Court of Justice and other courts of justice.
2. Until such a time as the Supreme Court of Justice is established and
starts its functions all powers conferred to it by the Constitution shall be
exercised by the highest judicial instance of the judicial organization existing
in East Timor.
Section 165
(Previous Law)
Laws and regulations in force in East Timor shall continue to be applicable
to all matters except to the extent that they are inconsistent with the
Constitution or the principles contained therein.
Section 166
(National Anthem)
Until the national anthem is approved by the ordinary law pursuant to item 2
of Section 14 "Pátria, Pátria, Pátria , Timor -Leste a nossa nação " shall be
sung in official ceremonies.
Section 167
(Transformation of the Constitutional Assembly)
1. The Constitutional Assembly shall be transformed into a National
Parliament with the approval of the Constitution of the Republic.
2. In its first term of office, the National Parliament shall be comprised of
eighty-eight members on an exceptional basis.
3. The Speaker of the Constituent Assembly shall remain in office until such
a time as the National Parliament elects its Speaker as provided for in the
Constitution.
Section 168
(Second Transitional Government)
The Government appointed under UNTAET Regulation No. 20012/28 shall remain in
office until such a time as the first the constitutional Government is appointed
and sworn in by the President of the Republic , as provided for in the
Constitution.
Section 169
(Presidential Election of 2002)
The President elected under UNTAET Regulation No. 2002/01 shall take on the
competencies and fulfil the mandate provided for in the Constitution.
Section 170
(Entry into force of the Constitution)
The Constitution of the Democratic Republic of East Timor shall enter into
force on the 20th of May of 2002. |
