CONSTITUTION OF THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE

TITLE II

PRESIDENT OF THE REPUBLIC

CHAPTER I    

STATUS, ELECTION AND APPOINTMENT

Section 74

(Definition)

1. The President of the Republic is the Head of State and the symbol and guarantor of national independence and unity of the State and of the smooth functioning of democratic institutions.

2. The President of the Republic is the Supreme Commander of the Defense Force.

 Section 75

(Eligibility)

1. To stand as presidential candidates, East Timorese citizens should meet each of the following requirements cumulatively:

a) Original citizenship;

b) At least 35 (Thirty -five) years of age;

c) To be in possession of his or her full faculties;

d) To be proposed by a minimum of five thousand voters.

2. The President of the Republic has a term of office of 5 years and shall cease his or her functions with the swearing-in of the new President-elect.

3. The President of the Republic's term of office may be renewed only once.

Section 76

(Election)

1. The President of the Republic shall be elected by universal, free, direct, secret and personal suffrage.

2. The election of the President of the Republic shall be conducted through the system based on the majority of validly expressed votes, excluding blank votes.

3. Where no candidate gets more than half of the votes, a second round shall take place on the 30th day following the first voting.

4. Only the two candidates obtaining the highest number of votes shall be eligible to stand in a run-off election, provided they have not withdrawn their candidacies.

Section 77

(Inauguration and swearing-in)

1. The President of the Republic shall be sworn in by the Speaker of the National Parliament and shall be inaugurated in public ceremony before the members of the National Parliament and the representatives of the other organs of sovereignty.

2. The inauguration shall take place on the last day of the term of office of the outgoing President or, in case of election due to vacancy, on the eighth day following the publication of the electoral results.

3. At the swearing-in ceremony, the President of the Republic shall take the following oath:

“I swear to God, to the people and on my honor that I will fulfill with loyalty the functions that have been invested in me, will abide by and enforce the Constitution and the laws and will dedicate all my energies and knowledge to the defense and consolidation of independence and national unity.”

Section 78

(Incompatibilities)

The President of the Republic shall not hold any other political position or public office at the national level, and under no circumstances shall he or she undertake private assignments.

Section 79

(Criminal liability and Constitutional Obligations)

1. The President of the Republic shall enjoy immunity in the exercise of his or her functions.

2. The President of the Republic shall be answerable before the Supreme Court of

Justice for crimes committed in the exercise of his or her functions and for clear and serious violation of his or her constitutional obligations.

3. It is the incumbent upon the National Parliament to initiate the criminal proceedings, following a proposal made by one-fifth, and deliberation approved by a two-third majority, of its Members.

4. The Plenary of the Supreme Court of Justice shall issue a judgment within a maximum of 30 days.

5. Conviction shall result in forfeiture of office and disqualification from re-election.

6. For crimes not committed in the exercise of his or her functions, the President of the

Republic shall also be answerable before the Supreme Court of Justice, and forfeiture

of office shall only occur in case of sentence to prison.

7. In the cases provided for under the previous item, immunity shall be withdrawn at the initiative of the National Parliament in accordance with provisions of item 3 of this Section.

Section 80

(Absence)

1. The President of the Republic shall not be absent from the national territory without the previous consent of the National Parliament or of its Standing Committee, if Parliament is in recession.

2. Failure to observe provision of item 1 above shall imply forfeiture of the office, as provided for by the previous Section.

3. The President of the Republic's private visits not exceeding fifteen days shall not require the consent of the National Parliament. Nonetheless, the President of the Republic should notify the National Parliament of such visits in advance.

Section 81

(Resignation of Office)

1. The President of the Republic may resign from office by message addressed to the National Parliament.

2. Resignation shall take effect once the message is made known to the National Parliament without prejudice to its subsequent publication in the official gazette.

3. Where the President of the Republic resigns from office, he or she shall not be eligible to stand for presidential elections immediately after resignation nor in the regular elections to be held after five years.

Section 82

(Death, resignation or permanent disability)

1. In case of death, resignation or permanent disability of the President of the Republic, his or her functions shall be taken over on an interim basis by the Speaker of the National Parliament, who shall be sworn in by the Speaker a.i. of the National Parliament before the Members of the National Parliament and representatives of the organs of sovereignty.

2. Permanent disability shall be declared by the Supreme Court of Justice, which shall also have the responsibility to confirm the death of the President of the Republic and the vacancy of office resulting therefore.

3. The election of a new President of the Republic in case of death, resignation or permanent disability should take place within the subsequent ninety days, after certification or declaration of death, resignation or permanent disability.

4. The President of the Republic shall be elected for a new term of office.

5. In case of refusal by the President-elected to take office or in case of his or her death or permanent disability, the provisions of this Section shall apply.

Section 83

(Exceptional Cases)

1. Where death, resignation or permanent disability occur in case of imminent exceptional situations of war or protracted emergency, or of an insurmountable difficulty of a technical or material nature, to be defined by law, preventing the holding of a presidential election by universal suffrage as provided for by Section 76, the new President of the Republic shall be elected by the National Parliament from among its members within the ninety subsequent days.

2. In the cases referred to in the previous item, the President-elect shall serve for the remainder of the interrupted term and he or she may run for the new election.

Section 84

(Replacement and interim office)

1. During temporary impediment of the President of the Republic, the presidential functions shall be taken over by the Speaker of National Parliament or, in case of impediment of the latter, by his or her replacement.

2. The parliamentary mandate of the Speaker of the National Parliament or of his or her replacement shall be automatically suspended over the period of time in which he or she holds the office of President of the Republic on an interim basis.

3. The parliamentary functions of the replacing or interim President of the Republic shall be temporarily taken over in accordance with the Rules of Procedures of the National Parliament.