CONSTITUTION OF THE DEMOCRATIC REPUBLIC OF TIMOR-LESTE

 

 TITLE IV

 GOVERNMENT

 

CHAPTER I

DEFINITION AND STRUCTURE

 

Section 103

(Definition)

 

The Government is the organ of sovereignty responsible for conducting and executing the general policy of the country and is the supreme organ of Public Administration.

 

Section 104

(Composition)

 

1. The Government shall comprise the Prime Minister, the Ministers and the Secretaries of State.

2. The Government may include one or more Deputy Prime Ministers and Deputy Ministers.

3. The number, titles and competencies of ministries and secretariats of State shall be laid down in a Government statute.

 

Section 105

(Council of Ministers)

 

1. The Council of Ministers shall comprise the Prime Minister, the Deputy Prime

Ministers, if any, and the Ministers.

2. The Council of Ministers shall be convened and chaired by the Prime Minister.

3. The Deputy Ministers, if any, and the Secretaries of State may be required to attend meetings of the Council of Ministers, without a right to vote.

 

CHAPTER II

FORMATION AND RESPONSIBILITY

 

Section 106

(Appointment)

 

1. The Prime Minister shall be designated by the political party or alliance of political parties with parliamentary majority and shall be appointed by the President of the Republic, after consultation with the political parties sitting in the National Parliament.

2. The remaining members of the Government shall be appointed by the President of the Republic following proposal by the Prime Minister.

 

Section 107

(Responsibility of the Government)

 

The Government shall be accountable to the President of the Republic and to the National Parliament for conducting and executing the domestic and foreign policy in accordance with the Constitution and the law.

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Section 108

(The Program of the Government)

 

1. Once appointed, the Government should develop its program, which should include the objectives and tasks proposed, the actions to be taken and the main political guidelines to be followed in the fields of government activity.

2. Once approved by the Council of Ministers, the Prime Minister shall, within a maximum of thirty days after appointment of the Government, submit the Program of Government to the National Parliament for consideration.

 

Section 109

(Consideration of the Program of Government)

 

1. The Program of the Government shall be submitted to the National Parliament for consideration. Where the National Parliament is not in session, its convening for this purpose shall be mandatory.

2. Debate on the program of the Government shall not exceed five days and, prior to its closing, any parliamentary group may propose its rejection or the Government may request the approval of a vote of confidence.

3. Rejection of the program of the Government shall require an absolute majority of the Members in full exercise of their functions.

 

Section 110

(Request for vote of confidence)

 

The Government may request the National Parliament to take a vote of confidence on a statement of general policy or on any relevant matter of national interest.

 

Section 111

(Vote of no confidence)

 

1. The National Parliament may, following proposal by one-quarter of the Members in full exercise of their functions, pass a vote of no confidence on the Government with respect to the  implementation of its program or any relevant matter of national interest.

2. Where a vote of no confidence is not passed, its signatories shall not move another vote of no confidence during the same legislative session.

 

Section 112

(Dismissal of the Government)

 

1. The dismissal of the Government shall occur when:

a) A new legislative term begins;

b) The President of the Republic accepts the resignation of the Prime Minister;

c) The Prime Minister dies or is suffering from a permanent physical disability;

d) Its program is rejected for the second consecutive time;

e) A vote of confidence is not passed;

f) A vote of no confidence is passed by an absolute majority of the Members in full exercise of their functions;

2. The President of the Republic shall only dismiss the Prime Minister in accordance with the cases provided for in the previous item and when it is deemed necessary to ensure the regular functioning of the democratic institutions, after consultation with the Council of State.

 

Section 113

(Criminal liability of the members of Government)

 

1. Where a member of the Government is charged with a criminal offence punishable with a sentence of imprisonment for more than two years, he or she shall be suspended from his or her functions so that the proceedings can be pursued.

2. Where a member of the Government is charged with a criminal offence punishable with a sentence of imprisonment for a maximum of two years, the National Parliament shall decide whether or not that member of the Government shall be suspended so that the proceedings can be pursued.

 

Section 114

(Immunities for members of the Government)

 

No member of the Government may be detained or imprisoned without the permission of the National Parliament, except for a felonious crime punishable with a maximum sentence of imprisonment for more than two years and in “flagrante delito”.

 

CHAPTER III

COMPETENCIES

 

Section 115

(Competence of the Government)

 

1. It is incumbent upon the Government:

a) To define and implement the general policy of the country, following its approval by the National Parliament;

b) To guarantee the exercise of the fundamental rights and freedoms of the citizens;

c) To ensure public order and social discipline;

d) To prepare the State Plan and the State Budget and execute them following their approval by the National Parliament;

e) To regulate economic and social sector activities;

f) To prepare and negotiate treaties and agreements and enter into, approve, accede and denounce international agreements which do not fall under the competence of the National Parliament or of the President of the Republic;

g) To define and implement the foreign policy of the country;

h) To ensure the representation of the Democratic Republic of East Timor in the international relations;

i) To lead the social and economic sectors of the State;

j) To lead the labor and social security policy;

k) To guarantee the defense and consolidation of the public domain and the property of the State;

l) To lead and co-ordinate the activities of the ministries as well as the activities of the remaining institutions answerable to the Council of Ministers;

m) To promote the development of the co-operative sector and the support for household production;

n) To support private enterprise initiatives;

o) To take actions and make all the arrangements necessary to promote economic and social development and to meet the needs of the Timorese people;

p) To exercise any other competencies as provided by the Constitution and the law.

2. It is also incumbent upon the Government in relation with other organs:

a) To submit bills and draft resolutions to the National Parliament;

b) To propose to the President of the Republic the declaration of war or the making of peace;

c) To propose to the President of the Republic the declaration of the state of siege or the state of emergency;

d) To propose to the President of the Republic the submission to referendum of relevant issues of national interest;

e) To propose to the President of the Republic the appointment of ambassadors, permanent representatives and special envoys;

3. The Government has exclusive legislative powers on matters concerning its own organization and functioning, as well as on the direct and indirect management of the State.

 

Section 116

(Competencies of the Council of Ministers)

 

It is incumbent upon the Council of Ministers:

a) To define the general guidelines of the government policy as well as those for its implementation;

b) To deliberate on a request for a vote of confidence from the National

Parliament;

c) To approve bills and draft resolutions;

d) To approve statutes, as well as international agreements that are not required to be submitted to the National Parliament;

e) To approve actions by the Government that involve an increase or decrease in public revenues or expenditures;

f) To approve plans.

 

Section 117

(Competencies of members of the Government)

 

1. 1.It is incumbent upon the Prime Minister:

a) To be the Head of Government;

b) To chair the Council of Ministers;

c) To lead and guide the general policy of the Government and co-ordinate the activities of all Ministers, without prejudice to the direct responsibility of each Minister for his or her respective governmental department.

d) To keep the President of the Republic informed on matters of domestic and foreign policy of the Government;

e) To perform other duties conferred by the Constitution and the law.

2. It is incumbent upon the Ministers:

a) To implement the policy defined for their respective Ministries;

b) To ensure relations between the Government and the other organs of the State

in the area of responsibility of their respective Ministries.

3. Government statutes shall be signed by the Prime Minister and the Ministers in

charge of the respective subject matter.