CONSTITUTION AND

CITIZENSHIP
Bernardete Natalia S Magalhães, M.Sc.
Citizenship is a term denoting membership of a citizen in a
political society, which membership implies, reciprocally, a duty of
allegiance on the part of the member and duty of protection on the
part of the State

Citizen is a person having the title of citizenship. He is the

member of a democratic community who enjoy full civil and
political rights, and is accorded protection inside and outside
the territory of the State.
Distinguished From Nationality And
Nations.
From the point of view of
international law, “Citizenship” and
“citizen” do not exactly mean the same
as “Nationality “and “national.”
The national of a State include not only
its citizens who enjoy full civil and
political privileges but also all others
who are not its citizens, but because
they owe allegiance to it, are not
regarded as aliens,
While all citizen are nationals of a State,
not all nationals are citizens of a state.
Meaning of subject and alien.

üA Citizen is a member of a democratic community who enjoys full civil

and political rights. In Monarchial State, He is often called Subject.
üAn alien is a citizen of a country who is residing in or passing through
another country. he is a popularly called “foreigner.”He is not given the full
rights to citizenship but is entitled to received protection as to his person or
property.
General ways of Acquiring Citizenship.
They are :
üInvoluntary method.
Øby birth, because of blood relationship or place of birth.
Voluntary Method.
 by naturalization, except incase of collective naturalization of the
inhabitants of a territory which takes place when it is ceded by one state
to another as a result of a conquest or treaty.
 Citizens by birth:
There are two principles or rules that govern citizenship by birth namely:
 Jus Sanguinis- blood relationship is the basis for the acquisition of citizenship under this rule.
The children follow the citizenship of the parents or one of them.
ØJus Soli or Jusloci- place birth serves as the basis for acquiring citizenship under this rule.
A person becomes a citizen of the state where he is born irrespective of the parents. This
principle prevails in the United State.
These two modes of acquiring citizenships correspond to the two kinds of Citizen,
Natural Born and Naturalized citizens.

Citizenship at the time of the adoption of the Constitution.

The citizens referred to are those considered TL citizens under the 1999
Constitution at the time of the affectivity of the new Constitution on
2002 by virtue of proclamation. The purpose of section 1 is to protect the
status of those who were already citizens at the time the new
Constitution took effect. A TL citizen under the 1999 Constitution who
has lost his citizenship at the time of the time of the ratification of the
new Constitution is not a citizen of the TL.
The purpose of section 1 is to protect the
status of those who were already citizens at
the time the new Constitution took effect. A TL
citizen under the 1999 Constitution who has
lost his citizenship at the time of the time of
the ratification of the new Constitution is not a
citizen of the TL.
Citizenship by Blood Relationship.

The Timor Leste , in accordance with section 1, paragraph 2, follows the

principle of the jus sanguinis. In the determination of the
citizenship of the child, Timorese mothers are placed by the Constitution on
equal footing with their husbands. This dignifies
the Timorese woman. The Father or Mother may be a natural-born Timorese
or a Timorese by naturalization or by election. If the child is born in a state
where the rule of jus soli obtains, or the child’s father or mother is an alien, it
would be a case of a dual citizenship.
This dignifies the TL woman. The Father
or Mother may be a natural-born TL or a
TL by naturalization or by election. If the
child is born in a state where the rule of
jus soli obtains, or the child’s father or
mother is an alien, it would be a case of a
dual citizenship.
Citizen by naturalization.

1. Certain rights and privileges, duties and obligations limited to Timorese citizens.
under our constitution and our laws there are certain rights and privileges that could be enjoy only
by TL citizens. under the constitution, only qualified citizens can exercise the right of suffrage.

2. Constitution nationalistic in character.

3. Care in granting or denying privilege of naturalization essential.

if the privilege of naturalization would be granted on easy terms to foreigner not seriously intent on
acquiring TL citizenship but not only desirous of improving his economic condition, then it is likely
that the nationalistic provisions of the Constitution would be reduced to a barren form or words.
4. Ideals policy on naturalization.
the policy on naturalization should be guided by our own national interest. Perhaps the ideal is that
only those who have come to love the country, who have integrated themselves into the citizenry and
who can contribute to the develop of the nation should be conferred citizenship by naturalization.
 Meaning of naturalization
Naturalization is the act of formally
adopting a foreigner into the political body of
the state and clothing him with the rights and
privilege of citizenship. It implies the
renunciation of a former nationality and the
fact of entrance to a similar relation towards a
new body politic.
Nature of naturalization.
An alien does not have a natural, inherent or vested fight to be
admitted to citizenship in a state. Citizenship is a matter of grace,
favor or privilege which a sovereign government may confer on,
or withhold from , an alien or grant to him under such conditions
as it sees fit without the support of any reason whatsoever.
Citizenship in our Republic, be it ever Most powerful nation f the
world, can take such Citizenship for granted or assume it as a
matter of Right. In view of the above principles , the rule is that in
case of doubt concerning the grant of citizenship, such doubt be
resolved in favor of the state and against the applicant for
naturalization.
Ways of acquiring by naturalization.
A person may be naturalized in three ways:
1.By judgment of the court.
the foreigner who wants to become a TL citizen must
apply for naturalization with the proper Regional
trail court .the revise naturalization act is the present
naturalization law. such law shall also continue in
force pursuant to the transitory
provision of the Constitution.
2.By direct act of congress
in this case our law-making body simply enacts an act
directly conferring citizenship or a foreigner.
3.By administrative proceeding
Under R.A. No.9139 (Jan, 8, 2001), Known as the
administrative naturalization law of 2000,”aliens born
and residing in the TL may be granted TL citizenship by
administrative proceedings before a special committee on
naturalization. The petition for citizenship shall be filled
with the committee which has the power to approve, deny
or reject application as provided in the law.