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Welcome to the The Government of Timor-Leste Welcome to the The Government of Timor-Leste
PART VII OF THE CONSTITUTION OF DEMOCRATIC REPUBLIC OF TIMOR-LESTE

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.