2.1. Introdução

1. the inDePenDenCe of timor‑Leste anD the emergenCe of a new emPLoyment reLations system

Rui Botica Santos

1.1. Introduction

Timor‑Leste or Timor Loro Sa’e (“the land of the rising sun”, in Tetum), formerly an overseas Portuguese territory and later a province of Indonesia, consolidated its independence and achieved its sovereignty with the promulgation of its Constitution in 2002, when it officially became the Democratic Republic of Timor‑Leste. It is the only Portuguese‑speaking state in East Asia, one of the youngest states in the world, the youngest state in South‑east Asia and the first country to become independent in the 21st century.

Timor’s long march towards the affirmation of its national identity and the multiple cultural exchanges and influxes experienced by the Timorese people have resulted in its special individuality and its very singular political structure and legal system. The Timorese legal system comprises laws from differing sources and historical periods, including: customary law rules of the Timorese communities; Portuguese legal provisions from the colonial period; Indonesian legal provisions, of Dutch origin, that date from the occupation and annexation; legal provisions based on international law, introduced by the United Nations Transitional Administration in East Timor (UNTAET) during the transitional period between independence (1999) and the promulgation of the constitution;1 and, finally and latterly, the laws, decrees and regulations introduced by the Timorese authorities themselves, under the influence of Portuguese law and the Romano‑Germanic legal tradition (civil law).

Notwithstanding the creation of specific Timorese legal structures, the legacy of the preceding structures and laws is still felt to a certain extent, not just as a source of inspiration in the creation of new laws, but also when still directly applicable to matters as yet not contemplated in the legislation of the new Timorese state. The laws in force in Timor‑Leste prior to 25 October 1999, i.e. the date of de‑annexation, particularly Indonesian laws and the subsequent regulations and directives issued by UNTAET during the transitional period, which have not yet been replaced or repealed by the democratically elected Timorese

© Timor Editora, Lda. 1 Cf. SANTOS, António Marques dos. O sistema jurídico de Timor‑Leste: Evolução e perspectivas. The text of a speech made by the author in Erlangen, on 22/11/2002, at the annual meeting of the Deutsch‑Lusitanische

Juristenvereinigung e.V.