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Constitution MakingConstitution Making

TimorTimor--Leste ExperienceLeste Experience

Sukehiro HasegawaFormer Special Representative of

the Secretary-General for Timor-Leste

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Major Events in Timor-Leste

1999 99.10 00 00 01 02 2003

30 August 1999UN holds referendum on political independence

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Militia backed by Indonesian Armed Forces launch destruction campaignMost of public building and houses destroyed and 1400 dead

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INTERFET & UNTAET

1999 Aug October 99 00 01 02 2003

UN Transitional Authority (UNATET)Established in October 1999

20 September 1999Australia-led International Forces in East Timor(INTERFET) arrives

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Transitional Administration

UNTAET acts as a caretaker government with the advice of

15-member National Consultative Council (NCC) consisting of Timorese leaders and UN staff until mid-200036-member National Council (NC) all TimoreseConstituent Assembly established in August 2001 a

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Major Events in Timor-Leste

1999 00 2000 March 2001 September 02 2003

UNTAET and National Council agree on the constitution making process

Constituent Assembly established 15 September 2001

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Constitution Process

1999 August 00 01 02 March April May June

Constitution adopted 22 March 2002

Constitution became effective 20 May 02

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Issues

Time required for proper constitution makingPublic consultation processLanguage IssueQuality vs. LegitimacyHuman Rights and the Rule of Law

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Issues

Governance structureSeparation of powerIndependence of the judiciaryCommand and control of security forcesDemocratic representation

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Challenges

How to secure sufficient time for proper constitution making processHow to ensure proper public participationHow to safeguard human rights and the rule of lawHow to ensure the balance of power

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Challenges

How to secure sufficient time for proper constitution making processHow to ensure proper public participationHow to safeguard human rights and the rule of lawHow to establish democratic principle of governance

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Challenges

How to secure sufficient time for proper constitution making processHow to ensure proper public participationHow to safeguard human rights and the rule of lawHow to establish democratic principle of governance

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Constitution Making Process

Proper constitution making process is possible by Proper constitution making process is possible by ensuring that the process of consultations is carried ensuring that the process of consultations is carried out collectively and effectively in order to meet the out collectively and effectively in order to meet the challenges.challenges.

Constitution Making Process

Public consultation

Inclusion of democratic governance principles

Drafting Constitution

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EinsteinSignificant problem cannot be solved by the same level

of thinking that existed when the problem was created.

Constitution cannot be properly made unlessall segments of a society are fully consulted and

the basic principles of governancereflected.