U N T A E T
United Nations Transitional Administration in East Timor
31 January 2001
ON THE ESTABLISHMENT OF A DEFENCE FORCE FOR EAST TIMOR
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:
Establishment and Mission of the Defence Force
2.1 The present regulation establishes the Defence Force for East Timor.
2.2 The mission of the Defence Force consists of:
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.
Duty of the Defence Force
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:
Command and Control of the Defence Force
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.
Components of the Defence Force
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.
Criminal Responsibility and Discipline of the 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.
Minimum Age for Recruitment to the Defence Force
8.1 Members of the Defence Force must be at least 18 years of age on recruitment to the Defence Force.
Appointment of Officers
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:
c. issue commissions to persons so appointed.
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.
Termination of the Appointments of Officers
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:
Enlistment of Soldiers
11.1 A person may volunteer to serve as a soldier in the Defence Force:
(a) for a fixed period; or
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.
Discharge of Soldiers
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.
Obligations of Service
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.
Compensation of Members of the Defence Force
15.1 The Transitional Administrator may, by Directive, make determinations providing for:
15.2 Determinations made pursuant to the preceding subsection shall be brought forward in accordance with UNTAET Regulation 2000/20.
Mobilization of the Defence Force Reserve
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.
Ranks in the Defence Forces
17.1 The officer ranks in the Defence Force are as follows:
(a) Brigadier General
(c) Lieutenant Colonel
(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:
(i) Sergeant Major
(ii) Chief Sergeant
(iii) Sergeant Adjutant
(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.
Armaments and Equipment
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:
c. the enlistment, appointment, promotion and discharge of members of the Defence Force;
d. rules of engagement and the regulation of arms practices;
e. the acquisition, use, maintenance and accountability of armaments and equipment;
f. the preservation of public safety in or at any military exercise, operation or practice;
g. the post mortem examination and disposition of the bodies of members of the Defence Force who die while on service; and
h. the leave of absence of members of the Defence Force.
Entry into Force
21.1 The present regulation shall enter into force upon signature.
Sergio Vieira de Mello