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DEMOCRATIC
REPUBLIC OF TIMOR-LESTE
Law no. 2/2007, January 18th
___________________________________________________________________________
National
Symbols
Following
the end of colonization after more than four hundred years, the
historical process of independence was abruptly interrupted by a
foreign invasion and occupation that lasted for over twenty-four
years.
The
conviction and determination of the people and the youth in
general constituted the permanent and unfailing source of the
spirit of sacrifice inherent to the struggle for the
concretization and recognition of a motherland definitively
free, where the historical and cultural identity of a nation can
now be freely asserted.
Freedom,
democracy, independence, and the right to life are the reasons
and values that constituted the foundation of a difficult
struggle along which countless anonymous citizens, our national
heroes, perished.
Resistance to suffering, on the one hand, and solidarity, on the
other, went hand in hand with the hope that survived through
successive generations in the struggle for human dignity and
recognition of the identity of the Timorese people.
The need
arises now to define and dignify the symbols depicting Timor-Leste
as an independent and sovereign State as provided for in article
14 of the Constitution of the Democratic Republic of Timor-Leste
which establishes the flag, the emblem, and the national anthem
as the national symbols and determines that the last two symbols
are to be approved by law.
It is
thus incumbent upon the ordinary legislator to approve the law
relating to national symbols, including, namely, the norms that
shall govern their display, use, and performance, it being
certain that the national flag is described in article 15 of the
Constitution.
Thus,
pursuant to article 14, to article 92.2 (c), and to article 95,
of the Constitution of the
Republic,
the National Parliament enacts the following to have the force
of law:
CHAPTER I
Preliminary provision
Article 1
National
symbols
1. The
following are national symbols:
a) The
national flag;
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b) The
national anthem;
c) The
national emblem.
2. The
gradation of the hierarchy and precedence of the national
symbols, including the respect towards them, shall follow the
order indicated in paragraph 1 above.
3.
National symbols are exclusive attributes of the State and their
use by individuals shall be conditional upon a general or
specific authorization and the strict compliance with the norms
in force and their faithful reproduction.
4. The
national archives shall keep official specimen of each of the
national symbols authenticated by the highest holders of the
organs of sovereignty.
5. The
reproduction of national symbols shall respect the drawing, the
colors, the text, and the proportions defined in the present
law.
6. The
national archives shall keep all the flags with historic
significance which, as per their condition, are no longer
suitable for use.
7. The
name of the Democratic Republic of Timor-Leste (RDTL) is the
exclusive property of the State, and the use of words that have
a direct relation with the attributes of the State constitutes
its exclusive right.
CHAPTER
II
Shape of
the national symbols
Section I
Symbols
in general
Article 2
Standard
samples
The
samples of national symbols described in accordance with the
formal specifications established in the present law shall
constitute the official standard samples of the national
symbols.
Section
II
National
Flag
Article 3
Shape,
composition, and meaning
1. The
standard sample of the national flag shall be the one described
in article 15 of the Constitution of the Democratic Republic of
Timor-Leste.
2. The
graphical composition of the national flag shall be the one
presented in the Annex A to the present law, which contains the
official picture of the national flag.
3.
Without prejudice to the meaning of the drawings and colors that
compose the standard sample provided for in paragraph 1 above,
the national flag shall represent the sovereignty of the nation,
the independence, the unity of the State, and the integrity of
the territory.
Article 4
Types of
national flag
1. The
shape of the national flag for use in public offices in general,
as well as in barracks and in public and private schools, shall
be made of a material that complies with one of the following
types:
a) Type
1, with a piece of cloth measuring 45 centimeters width;
b) Type
2, with two pieces of cloth width;
c) Type
3, with three pieces of cloth width;
d) Type
4, with four pieces of cloth width;
e) Type
5, with five pieces of cloth width;
f) Type
6, with six pieces of cloth width;
g) Type
7, with seven pieces of cloth width;
2. The
national flag can take other shapes, with smaller, intermediate,
or larger dimensions, depending on the conditions of use,
provided the necessary proportions are maintained.
Section
III
National
Anthem
Article 5
Composition and lyrics
1. The
national anthem, referred to as Pátria (Motherland), shall be
composed of a
song by
Afonso Redentor de Araújo and lyrics by Francisco Borja da
Costa.
2. The
musical staff of the national anthem shall obey the original
instrumentation and respective recuperation by Paulo Pereira dos
Santos and Abílio Araújo and shall be the one presented in Annex
B to the present law.
3. The
lyrics of the national anthem shall be the following:
“Motherland, Motherland!
Timor-Leste,
our Nation,
Glory to
the People and to the Heroes,
Of our
liberation.
We
defeated colonialism,
We shout:
down with imperialism!
Free
land, free People,
No, no,
no to exploitation.
United we
move,
Firm and
resolved,
In the
struggle against imperialism,
The enemy
of the Peoples,
Until
final victory,
On the
path of the Revolution.
Motherland, Motherland!
Timor-Leste, our Nation,
Glory to
the People and the Heroes,
Of our
liberation”.
…
“Pátria,
Pátria!
Timor-Leste, nossa Nação
Glória ao Povo e aos Heróis,
Da nossa libertação.
Vencemos o colonialismo,
Gritamos, abaixo o imperialismo,
Terra livre, Povo livre,
Não, não, não à exploração.
Avante unidos,
Firmes e decididos,
Na luta contra o imperialismo,
O inimigo dos Povos,
Até à vitória final,
Pelo Caminho da Revolução.
Pátria, Pátria!
Timor-Leste, nossa Nação,
Glória ao Povo e aos Heróis,
Da nossa libertação.”
Section IV
National emblem
1.
Description of the national emblem:
a) The
insignia of the national emblem shall be composed of one
circumference bordered by two parallel flanges reproduced in
ruby;
b) The
inscription “DEMOCRATIC REPUBLIC OF TIMOR-LESTE” shall be
reproduced in ruby, on a white background, in the upper side of
the area that exists between the two flanges, and such
inscription shall cover the space from the lower left side to
the lower right side of Mount Ramelau, with the acronym “RDTL”
reproduced beneath it.
c) The
centre of the lower circumference shall be reproduced on a white
background;
d) The
Mount Ramelau insignia shall be reproduced on the white field at
the centre of the inner circumference and shall be painted in
ruby in its periphery and in black in its central part, this
latter part being contoured by a line reproduced in golden
yellow;
e) The
Mount Ramelau insignia referred to in sub-paragraph d) above
shall be pyramidal in form and shall be composed of four angles,
with three angles in the lower side, turned downwards, and one
angle in the upper side, turned upwards, and their sides shall
be curved;
g) A
white star with five ends shall be reproduced at the centre of
the upper angle of Mount Ramelau insignia, and one of the
vertices of the star shall be aligned with the corner of the
upper angle of the central part of Mount Ramelau insignia
without however touching the lines of the angle;
h) Five
white rays irradiate from the star referred to in sub-paragraph
g) above in a pyramidal form ending at the upper side of the
book referred to in sub-paragraph i) below;
i) The
upper side of the black portion of Mount Ramelau insignia shall
have the picture of an open book with a ruby cover and golden
yellow borders and containing four lines in its right side page
and five lines in its left side page, black in color, and a
golden yellow strip in the foot of the page.
j) The
book described in sub-paragraph i) above is superimposed on a
golden yellow toothed wheel seated on a base of a similar color.
l) The
set of pictures described in sub-paragraphs g) to j) above shall
be sided, to its right, by the insignia of hare fulin
composed of two leaves and eleven spikes and, to its left, by
the batar fulin composed of two golden yellow leaves with
their upper ends turned downwards;
m) The
lower central part of the black portion of Mount Ramelau
insignia shall
depict
one golden yellow rama-inan with the respective rope
turned upwards.
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n) Over
the picture described in sub-paragraph m) above, laid with the
butt turned to the left and the barrel turned to the right,
there shall be an automatic rifle (AK-47/Galaxi model)
reproduced on a black field with white contours and in a higher
position than the butt without however touching the base of the
toothed wheel;
o) The
Diman, in golden yellow, shall be laid in diagonal position
under the rifle, with the respective arrow turned to the left;
p) On the
white field at the centre of the circumference referred to in
sub-paragraph b) above and beneath the Mount Ramelau insignia,
there shall be the words “UNIDADE ACÇÃO PROGRESSO”, laid in a
curved form in parallel with the lines of Mount Ramelau
insignia, inscribed in capital letters in ruby over an waving
strip on a white field with light red contours.
2. The
insignias described in item 1 above shall have the following
meanings:
a) The
national emblem described in item 1 above and reproduced in the
picture presented in Annex C to the present law shall be called
belak;
b)
Belak shall symbolize the land globe where the territory of
Timor-Leste is included and shall be the symbol of national
unity;
c) The
white color of the centre of the circumference, the star, and
the rays shall symbolize peace;
d) The
light yellow in the contours of the black portion of Mount
Ramelau, the strips and borders of the book, the batar fulin
and the háre fulin, the toothed wheel, the
ramainan, and the diman shall symbolize the wealth;
e) The
black color in the central part of Mount Ramelau, the automatic
rifle, and the letters of the book shall symbolize the
obscurantism that needs to be overcome;
f) The
light red of the Mount Ramelau, the letters, the hoops, the
contours of the strips, and the book shall symbolize the love
for the motherland and the struggle for national liberation;
g) The
white rays of the star shall symbolize the light of solidarity
and the determination to bring about peace all over the world.
h) The
set of four angles referred to in the Mount Ramelau insignia
shall symbolize the principles of the separation of powers and
the interdependence of the organs of sovereignty of the State;
i) The
five ends of the white star shall symbolize the light of
generosity and honesty that guide the People towards Peace;
j) The
set composed of the open book, the toothed wheel, the batar
fulin and the háre fulin shall symbolize the wisdom
and capacity of the people in the context of development in the
areas of education, culture, social justice, agriculture and
industry;
k) The
set composed of the AK-47/Galaxi automatic rifle, the rama
inan, and the diman shall symbolize the values of
centuries of struggle of resistance of the people for national
liberation and the people’s self-defence for the honor and
dignity of the sovereignty of the State;
l) The
motto “UNIDADE, ACÇÃO, PROGRESSO” (UNITY ACTION PROGRESS) shall
represent the basic values of politics and moral underpinning
the life of the nation and the people.
3. The
standard sample of the national emblem shall be the one
presented in Annex C to the present law.
CHAPTER
III
Display
and use of national symbols
Article 7
General
use
The
national flag may be used in all manifestations of Timorese
patriotic sentiment of an official or private nature.
Article 8
Display
The
national flag may be displayed as follows:
a)
Hoisted in a flagpole or mast, in public or private buildings,
temples, sports facilities, offices, classrooms, auditoria,
ships, streets and malls, as well as at any place where the
respect and dignity for the flag are ensured.
b)
Distended and without a flagpole, carried by an aircraft or a
balloon, applied on a wall or held in a horizontal cable linking
buildings, trees, poles or masts;
c)
Reproduced on walls, windowpanes, vehicles and aircrafts;
d)
Together with another flag, a panoply of flags, a coat or a
similar piece;
e)
Carried in an array of troops, parade, or individually;
f)
Covering a coffin until interment.
Article 9
Places
where flag use is mandatory
The
national flag shall be hoisted daily at the following places:
a) The
palace or the headquarters of the Presidency of the Republic and
the official residence of the President of the Republic;
b) The
headquarters of the National Parliament;
c) The
palace or the headquarters of the Government or the
head-building of the ministries, where the latter operate from
separate facilities;
d) The
head-buildings of the courts;
e) The
headquarters of administrators, of PNTL and F-FDTL, the
headquarters of the sucos and the national headquarters of
legally registered political parties;
f) Border
posts;
g)
Diplomatic missions, missions with international organizations
and career consular offices, with due respect for the local
customs of the countries where they are located;
h)
Merchant marine units, pursuant to the laws and regulations on
navigation of the naval police and to international praxis;
Article
10
Obligation to hoist the flag
1. It
shall be mandatory for the national flag to be hoisted on
holidays and on feast days or on days of national mourning in
all public departments, schools, and trade unions.
2. The
solemn hoisting of the national flag shall be mandatory in
public or private schools at least once per week during the
academic year.
Article
11
Time for
hoisting and lowering the flag
1. The
national flag may be hoisted and lowered at any time of the day
or night.
2. The
national flag shall normally be hoisted at 8:00 a.m. and lowered
at 6:00 p.m.
3. On the
date established by law for commemorating Independence Day, the
hoisting of the national flag shall be at 10:00 a.m. with
special solemnities.
4. At
night, when hoisted, the national flag shall be duly
illuminated.
Article
12
Plurality
of flags
Where
several flags are hoisted or lowered simultaneously, the
national flag shall be the first to reach the top of the
flagstaff and the last to be lowered.
Article
13
Use of
the flag in funerals
1. When
in funerals, the national flag shall be flown at half-pole or
half-mast position.
2. In the
case provided for in item 1 above, the national flag, when being
hoisted or lowered, shall first be hoisted to the peak of the
flag-pole for an instant and then lowered to the half-pole
position.
3. When
carried in a march, the sign of mourning shall be indicated in
the flag through a crape lace tied to the spear.
Article
14
Place of
use in funerals
In
funerals, the national flag shall be hoisted in the following
instances, as long as such instances do not coincide with days
of national feast:
a) All
over the country, when so enacted;
b) At the
headquarters of the National Parliament, when so determined by
the respective Speaker, following the passing away of one of its
members;
c) At the
headquarters of the courts, when so determined by the President
of the Supreme Court of Justice, following the passing away of
one of its members;
d) At the
palace or the headquarters of the Government or at the
head-building of the ministries, when an official mourning has
been determined by the competent authority;
e) At the
headquarters of diplomatic missions, in accordance with the
norms and customs of the host countries.
Article
15
Place of
honor
1.
Whenever displayed in the national territory, the national flag
shall occupy a place of honor, meaning:
a) Placed
in a central position or in a position that is closest to the
centre and to the right of the centre, when the national flag is
displayed with another flag, pennant or banner, panoply, coat or
similar piece;
b) Placed
in a prominent position in front of another flag, when passing
in a review or on parade;
c) Placed
to the right side of platforms, pulpits and meeting or working
tables.
2. Right
side of a set of flags shall mean the right side of a person
near the set of flags and turned towards the street, the
audience, or the public looking towards the set of flags.
Article
16
Keeping
the flag
When not
in use, the national flag shall be kept in a dignified place.
Article
17
Hoisting
a flag placed on the floor
In public
offices and military organizations, when the national flag is
hoisted in a
flagpole
placed on the floor, its width shall not be more than one fifth
nor less than one
seventh
of the height of the respective flagpole.
Article
18
Flag
distended without a flagpole
When
distended and without a flagpole, the national flag shall be
placed in such a manner that its bigger side shall be in
horizontal position and the star shall be on the left, and no
part of the flag shall be occulted, even if partially, by
anybody seating close to it.
SECTION
II
National
Anthem
Article
19
Execution
Performance of the national anthem shall obey the following
rules:
a) In
metronomic cadence of a quarter note equal to 2/4;
b) For
simple instrumental performance, it shall be mandatory to apply
C major as equivalent to Do;
c) The
song shall be performed in unison;
d) In
cases of simple instrumental performance, the song shall be
integrally interpreted, but without repetition;
e) In
cases of vocal performance, all parts of the poem shall be sung;
f) When
saluting the President of the Republic, exclusively for military
ceremonial purposes, only the introductory and the final chords
shall be performed, in accordance with the specific regulation;
Article
20
Behavior
during performance of the national anthem
1. The
national anthem shall be performed:
a) In
position of salute to the national flag and to the President of
the Republic, the National Parliament, the Government and the
courts, and in the other cases expressly determined by the
regulations on salute or on ceremonies of international
courtesy;
b) When
hoisting the national flag, as provided for in item 2 of article
10;
2.
Performance of the national anthem shall be instrumental or
vocal, depending on the ceremonial planned for each case;
3.
Performing the national anthem in position of salute outside of
the cases provided for in the present law shall be prohibited.
4.
Performing the national anthem during civic session opening
ceremonies, religious ceremonies associated to a patriotic
sense, and during opening or closing ceremonies of radio and
television daily broadcasts, including for expressing public
satisfaction on festive occasions, shall be optional.
5. Where
a foreign national anthem is to be performed in a ceremony, the
foreign national anthem shall be the first to be performed.
SECTION III
National emblem
Article 21
Use
1.
Reproduction of the national emblem shall correspond faithfully
to the standard sample provided for in article 6 of the present
law.
2. The
national emblem shall be used on official, state and district
documents, either isolated or together with the emblem
corresponding to the state or district institution where the
document originates from, as well as on diplomas and
certificates issued by official teaching institutions or
institutions recognized as such.
3. The
use of the national emblem on private documents shall be
prohibited.
4. The
national emblem may be used on official vehicles of
representatives of the organs of sovereignty.
CHAPTER
IV
Respect
due to the national flag and the national anthem
Article
22
Attitude
of respect
1. During
the ceremony of hoisting or lowering the national flag and when
the flag is passing on parade or in a review, or when the
national anthem is being performed, all citizens present shall
have an attitude of respect by standing to attention and keeping
silent, with civilian males removing their headgear and those in
uniform rendering the military salute in accordance with the
regulation of the respective institution.
2. Any
other form of salute shall be prohibited.
Article
23
Manifestations of disrespect
1. The
following conducts shall be considered manifestations of
disrespect to the national flag:
a)
Displaying a flag that is in bad condition;
b)
Changing the shape, colors, proportions or the motto of the
flag, or adding inscriptions to it;
c) Using
the flag as a piece of clothing, drapery, stage curtain, table
cover, tribune cover, or as a covering for a commemorative
plaque, picture, or monument at unveiling ceremonies;
d)
Reproducing the flag in a label or container for products
exposed for sale;
Article
24
Flags in
bad condition
A
national flag in bad condition shall be handed over to any
military unit for the purpose
of
incineration in accordance with the ceremonial to that effect.
Article
25
Plurality
of flags
No flag
of another nation may be flown in the country without that flag
having to its right
side a
national flag of equal size and in a position of prominence,
save at the headquarters
of a
diplomatic or consular mission.
Article
26
Performing of adaptations to the national anthem
No
performance of instrumental or vocal artistic adaptations to the
national anthem shall
be
allowed unless such adaptations have been authorized by the
National Parliament.
CHAPTER V
Penalties
Article
27
No
fulfillment
Without
prejudice to the criminal liability that may result, violation
of any provision contained in the present law shall be
considered contravention, and the offender shall be subject to a
penalty of fine from $100 to $500, which shall be doubled in
case of reincidence.
Article
28
Offences
proceeding
The
proceeding regulating to the offences referred to in article 27
above shall obey the provisions contained in the procedural
norms regarding the application of contraventions in general.
CHAPTER
VI
General
provisions
Article
29
Mandatory
teaching of the national symbols
The
teaching of the standard sample and meaning of the national
flag, as well as of the song and interpretation of the lyrics of
the national anthem in public or private teaching institutions
at any level of education, shall be mandatory.
Article
30
Knowing
the national anthem
Nobody
may be accepted as a civil servant or integrated in a public
service under any working regime whatsoever without showing
knowledge of the entire lyrics of the national anthem.
Article
31
Dissemination and recording of the national anthem
The
Ministry of Education, Culture, Youth and Sports shall promote
the definitive official edition of all the partitions of the
national anthem, the recording in digital disc of the
instrumental and vocal performance, and of the declaimed lyrics.
Article
32
Reduction
of the partition of the national anthem
It shall
be incumbent upon the Ministry of Education, Culture, Youth and
Sports to organize competitions among national authors for
reducing of the partition of orchestras of the national anthem
for restrict orchestras, and the latter shall obey the
provisions of article 19 above.
Article
33
Ceremonial
The
Government shall regulate the details of the ceremonial relating
to national symbols.
Article
34
Use of
the national flag in the Defense Force
The use
of the national flag in the Defense Force shall obey the norms
of the respective regulations where it does not collide with the
present law.
Article
35
Other
official symbols
Without
prejudice to the above articles, the organs of sovereignty may
adopt specific symbol, insignias, or logotype identifying them
as such, as long as they are approved through a normative
statute.
Article
36
Entry
into force
The
present law shall enter into force on the day after its
publication.
Approved:
November 7th, 2006.
The
Speaker of the National Parliament
Francisco
Guterres “Lu-Olo”
Promulgated: January 17th, 2007
For
publication
The
President of the Republic
Kay Rala
Xanana Gusmão. |
