U N T A E T

United Nations Transitional Administration in East Timor

UNTAET/REG/2001/1

31 January 2001

The Special Representative of the Secretary-General (hereinafter: Transitional Administrator),

Pursuant to the authority given to him under United Nations Security Council Resolution 1272 (1999) of 25 October 1999,

After consultation in the National Council, and in recognition that the Council may propose future amendment hereof,

For the purpose of providing for the establishment of an East Timor Defence Force during the transitional period,

Promulgates the following:

1.1 Whenever used in the present Regulation, the following terms shall have the following meanings:

1. administrative instruction means a written instrument issued by the Transitional Administrator, his civilian delegate, or the Chief of the Defence Force, prescribing or relating to any matter referred to in Section 20 of the present Regulation;
2. aircraft means aeroplanes, helicopters, seaplanes, balloons, kite balloons, airships and other machines for flying
3. ammunition means any implement designed or intended for use in a firearm as a projectile or containing combustible material designed or intended to create an expansion of gases in a firearm to expel a projectile;
4. armaments and equipment means movable property which is allocated for the conduct of military training and operations. It may include, by way of illustration and not limitation, personnel uniforms, field gear, supplies, vehicles, vessels, aircraft, heavy weapons, firearms, firearm immitations, ammunition, explosives, tools, fuel, and rations.
5. Chief of the Defence Force means the Chief of Defence Force appointed under Section 4.2 of the present Regulation;
6. defence area means any land, water, air space or part of the sea bed or the sub-soil of the deep sea-bed, or any building or part of a building that is reserved or set apart, used or otherwise controlled for defence purposes;
7. defence emergency means any threat to the peace or security of East Timor determined by the Transitional Administrator to be of sufficient magnitude to warrant a high level military alert or mobilization of the Defence Force Reserve pursuant to Section 16 of the present Regulation;
8. explosive means any chemical compound or mechanical mixture containing any oxidizing and combustible components in such proportions, quantities or packing, that ignition by fire, friction, concussion, percussion or detonation of any part thereof may and is intended to cause an explosion. Explosives include, by way of illustration and not limitation, gunpowder, powders used for blasting, dynamite, detonating fuses or agents, smokeless powder, grenades, mines or any explosive device. They do not include motor fuels unless incorporated into other mixtures for the purpose of causing an explosion;
9. firearm means any device, whether or not assembled, operable or incomplete, which is designed or adapted or which may readily be converted to discharge a projectile by means of expansion of gases produced in the device by the ignition of combustible material, and including any accessory designed or intended for attachment to such a device;
10. firearm imitation means any object which has the appearance of a firearm and which could be reasonably mistaken for a firearm;
11. officer means a person holding a rank in the Defence Force prescribed in Section 17.1 of the present Regulation;
12. possess means to have physical dominion or control, directly or indirectly. Possession occurs when someone has a thing on or about his person, or within premises or vehicles over which he has custody, control or easy access;
13. soldier means a person holding a rank in the Defence Force prescribed in Section 17.3 of the present Regulation;
14. vehicle means a conveyance, whether or not manned, that is propelled, boosted or towed for transporting a burden on land, includes an amphibious vehicle while on land;
15. vessel means any kind of water craft, however propelled and whether manned or unmanned, and includes an amphibious vehicle while in the water;
16. war means any declared or undeclared invasion or apprehended invasion of, or attack or apprehended attack on, East Timor by an identified or unidentified enemy or armed force.

Section 2

2.1 The present regulation establishes the Defence Force for East Timor.

2.2 The mission of the Defence Force consists of:

1. providing for the military defence of East Timor, its people and its territory; and
2. providing assistance to the civilian community at the request of the civilian authorities during natural disasters and other emergencies.

2.3 The Defence Force shall not be mobilized or utilised in matters linked to internal public order, police issues or social conflicts except as provided by Section 16.1 of the present Regulation.

3.1 Subject to the present Regulation, and as may be provided in other UNTAET Regulations, it is the duty of the Defence Force and of members of the Defence Force to carry out the lawful orders of the Transitional Administrator and of superior officers in achieving the purposes of the present Regulation.

3.2 In performing their duties during peacetime, all members of the Defence Force shall act in accordance with international human rights law as stated in Section 2 of UNTAET Regulation 1999/1.

3.3 In performing their duties during armed conflict, all members of the Defence Force shall observe the principles of international human rights law which apply in armed conflict, as well as the principles of international humanitarian law, and in particular, those reflected in:

1. The Geneva Conventions of August 12, 1949;
2. The Protocols Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International and Non International Armed Conflict of 8 June 1977; and
3. The Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects of 10 October 1980.

4.1 The Defence Force will at all times be under the control of the Transitional Administrator. The Transitional Administrator shall have supreme command, control and administrative authority over the Defence Force. The powers vested in the Chief of the Defence Force by virtue of Section 4.3 shall be exercised subject to and in accordance with any directions of the Transitional Administrator.

4.2 The Transitional Administrator may appoint an officer of the East Timor Defence Force to be Chief of the Defence Force.

4.3 Subject to Section 4.1, the Chief of the Defence Force shall command the Defence Force.

4.4 The Chief of the Defence Force may be suspended or dismissed at any time by the Transitional Administrator.

5.1 The East Timor Defence Force consists of two components, namely the Regular

Defence Force and the Defence Force Reserve.

5.2 The Regular Defence Force consists of:

(a) officers appointed to, and soldiers enlisted in, that force, and

(b) officers and soldiers transferred to that force from the Defence Force Reserve.

5.3 The Defence Force Reserve consists of

(a) officers appointed to, and soldiers enlisted in, that force, and

(b) officers and soldiers transferred to that force from the Regular Defence Force.

6.1 Members of the Defence Force are subject to the civil criminal law in force in East Timor and to any Code of Military Discipline which hereafter may be provided by UNTAET Regulations.

6.2 In addition to other grounds of criminal responsibility under the civil criminal law in force in East Timor, including UNTAET Regulation 2000/15 on the Establishment of Panels with Exclusive Jurisdiction over Serious Criminal Offences, the fact that any of the acts referred to in Sections 4 to 7 of UNTAET Regulation 2000/15 was committed by a subordinate does not relieve his superior of criminal responsibility if the superior knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.

6.3 The fact that a member of the Defence Force acted pursuant to an order of a superior shall not relieve him of criminal responsibility.

7.1 The Defence Force shall be made up entirely of persons who volunteer and are accepted for service in the Defence Force.

8.1 Members of the Defence Force must be at least 18 years of age on recruitment to the Defence Force.

9.1 The Transitional Administrator or his civilian delegate may, in accordance with such conditions and subject to such qualifications or requirements as are prescribed or provided for by administrative instructions, by instrument in writing:

1. appoint persons to be officers of the Defence Force; and
2. promote officers of the Defence Force, and

9.2 In appointing a person to be an officer of the Defence Force, the Transitional Administrator or his civilian delegate may express the appointment to be for a specified period of service.

9.3 If the period of service in the Defence Force for which an officer was appointed expires during a time of war or defence emergency, the term of his appointment as an officer of the Defence Force shall be deemed to be extended until the end of the time of war or defence emergency.

9.4 An officer of the Defence Force appointed for a specified period of service may, on or before the expiration of that period, volunteer for a further period of service or for a permanent appointment. The Transitional Administrator or his civilian delegate may, by written instrument, extend the appointment for a further specified period of service or convert the appointment to a permanent appointment.

9.5 A person appointed as an officer of the Defence Force shall take and subscribe to the oath or affirmation of a officer in a form prescribed by administrative instructions.

9.6 The taking and subscribing of the oath or affirmation of an officer:

(a) constitutes acceptance of appointment; and

(b) binds the person to serve as an officer in the Defence Force, and to act in conformance with the oath or affirmation.

9.7 The appointment or promotion of an officer under this regulation is not a civil contract between the East Timor Transitional Administration and the person appointed or promoted.

10.1 The Transitional Administrator or his civilian delegate may terminate the appointment of an officer on any one or more of the following grounds:

1. the officer has been absent without leave for a continuous period of at least three months;
2. the officer has been convicted of an offence and the Chief of the Defence Force has certified in writing that, having regard to the nature and seriousness of the offence, the retention of the officer is not in the interests of the Defence Force;
3. the officer is inefficient or incompetent for reasons or causes within his own control;
4. the behavior of the officer has been such that the retention of the officer is not in the interests of the Defence Force;
5. for reasons or causes within the officer’s control, the officer’s performance is such that the retention of the officer is not in the interests of the Defence Force.

11.1 A person may volunteer to serve as a soldier in the Defence Force:

(a) for a fixed period; or

1. until attaining retiring age, under such criteria as may be provided in UNTAET Regulations or administrative instructions.

11.2 If accepted for service in the Defence Force, the person shall take and subscribe to the oath or affirmation of a soldier in a form prescribed by administrative instructions.

11.3 The taking and subscribing of the oath or affirmation of a soldier:

(a) constitutes the enlistment of the person in the Defence Force for that period or until attaining retiring age, as the case may be; and

(b) binds the person to serve as a soldier in the Defence Force, and to act in conformance with the oath or affirmation.

11.4 The enlistemt of a soldier under this regulation is not a civil contract between the East Timor Transitional Administration and the person appointed or promoted.

12.1 A soldier may at any time be discharged by the Chief of the Defence Force for such reasons and according to such procedure as may be prescribed in administrative instructions.

13.1 Members of the Regular Defence Force are bound to render continuous full time military service.

13.2 Members of the Defence Force Reserve are not bound to render continuous full time military service otherwise than:

(a) as provided in the present Section; or

(b) when mobilized for continuous full time service under Section 16.1 of the present Regulation.

13.3 The Chief of the Defence Force shall issue administrative instructions fixing training periods in respect of the Defence Force Reserve. Members of the Defence Force Reserve are bound to render in each training period continuous full time military service for such periods as are fixed by or in accordance with administrative instructions.

14.1 The Defence Force shall not discriminate against any of its members or any person enlisting into the force on the ground of race, colour, sex, religion, political or other opinion, language, ethnic or social origin, property, birth or other status.

15.1 The Transitional Administrator may, by Directive, make determinations providing for:

1. the remuneration of members of the Defence Force;
2. the payment of allowances or the provision of other benefits to members of the Defence Force;
3. the payment of additional compensation to members of the Defence Force or to families of members of the Defence Force.

15.2 Determinations made pursuant to the preceding subsection shall be brought forward in accordance with UNTAET Regulation 2000/20.

16.1 In times of war or defence emergency, the Transitional Administrator may order the whole or any part of the Defence Force Reserve, or any member of the Defence Force Reserve, to be on continuous full time military service.

16.2 All members or units of the Defence Force Reserve to whom Section 16.1 applies shall remain on continuous full time service until the Transitional Administrator orders the termination of such service.

17.1 The officer ranks in the Defence Force are as follows:

(a) Brigadier General

(b) Colonel

(c) Lieutenant Colonel

(d) Major

(e) Captain

(f) Lieutenant

(g) Second Lieutenant

17.2 The Transitional Administrator may modify by administrative instruction the rank structure for officers provided in section 17.1 of the present Regulation.

17.3 The enlisted ranks in the Defence Force are as follows:

(a) Sergeants

(i) Sergeant Major

(iii) Sergeant Adjutant

(v) Furriel

(b) Privates

(i) Corporal

(ii) Private

(c) Recruits

(i) Officer Recruit

(ii) Recruit Soldier

17.4 The Transitional Administrator may modify by administrative instruction the rank structure of the enlisted ranks of the Defence Force provided in section 17.3 of the present Regulation.

18.1 The Transitional Administrator or his civilian delegate may prohibit or restrict access by any person to any defence area and may make provision for the control and security of any defence area.

19.1The Defence Force is authorized to acquire, maintain and use such armaments and equipment for military purposes as may be allocated to it under authority of UNTAET Regulations, subject to the provisions of this Section.

19.2 Members of the Defence Force are authorized to possess and make such use of armaments and equipment as may be provided in command policies and administrative instructions.

19.3 The Chief of the Defence Force shall adopt command policies and shall issue administrative instructions which ensure

(a) that armaments and equipment shall be used only for authorized military purposes and in a manner suitable to those purposes;

(b) that armaments and equipment are appropriately safeguarded against theft, waste and spoilage;

(c) that firearms, ammunition and explosives under the control of the Defence Force or members of the Defence Force are specifically accounted for at all times and are used with due regard for safety.

20.1 The Transitional Administrator may issue administrative instructions, not inconsistent

with this Regulation, prescribing all matters that are necessary or convenient to be prescribed for giving effect to or carrying out the purposes of this Regulation.

20.2 The Transitional Administrator may delegate the power to issue administrative

instructions to the Deputy Transitional Administrator or another civilian delegate; provided that the power to issue administrative instructions described in sections 15.1, 17.2 and 17.4 of the present Regulation shall not be delegated. The Transitional Administrator may also delegate the power to issue administrative instructions to the Chief of the Defence Force on matters relating but not to limited to:

1. the operations, organization, training, discipline, efficiency and good management of the Defence Force;
2. the welfare of members of the Defence Force and their dependants;

21.1 The present regulation shall enter into force upon signature.

Sergio Vieira de Mello

Transitional Administrator