East Timor 2002
The 2002 constitution of East Timor was drafted in preparation for independence after years of rule by Portugal and Indonesia and a relatively short period under United Nations administration. The East Timorese voted in favor of independence from Indonesia in a UN-organized referendum held in 1999. After a wave of civil violence, international forces intervened and a UN transitional administration (UNTAET) was established. Procedures for drafting a constitution for East Timor were established by a decree of the UN Transitional Administrator after consultations with the CNRT, an umbrella group of Timorese organizations that had opposed Indonesian control of the territory.
The main authority for the draft was an 88-member Constituent Assembly; 13 were elected from first-past-the-post constituencies corresponding to district administrations, while 75 were elected from a single national district by proportional representation. Before the assembly met, UNTAET organized 13 commissions to educate the public and obtain input on the constitution. The results of these consultations were presented to the assembly at its opening session.
The Constituent Assembly spent three weeks crafting its own rules of procedure. It created four thematic committees to develop proposals on various topics. These proposals were then submitted to a 42-member Systematization Committee, which created the initial draft debated by the full assembly. Originally the entire process was to be concluded in 90 days, but this was later deadline was later extended by 3 months to allow more time for deliberations.
Proceedings in the Constituent Assembly and its committees were public, and plenary sessions were broadcast. The assembly was dominated by Fretilin, which won 55 of the 88 seats. Muslim residents in East Timor criticized the assembly as unrepresentative since the electoral law prevented many of them from voting.
After the draft was completed, the Constituent Assembly decided to allow one week for public comment. It divided itself into 13 groups, one for each district, and held public meetings on the draft. After this comment period, the Constituent Assembly returned to Dili, made a few amendments, and then ratified the new constitution. An absolute 2/3 majority (60 affirmative votes) was required; the constitution was approved by a vote of 72-14, with one abstention. It came into force at independence on May 20, 2002. The process was marked by a tension between international officials and NGO, which wanted a more participatory process, and the political leaders, who seemed to favor a more elite-oriented process.