Beruflich Dokumente
Kultur Dokumente
14/2008
On 29 October
Preamble
Article 59 of the Constitution of RDTL makes the State responsible for the creation of a
public system of education that is universal, mandatory and, as much as possible, free.
It also sets that the State acknowledges and supervises private and cooperative
education. The Fundamental Law ensures all citizens the right and the equality of
opportunities regarding education and professional training, access to the higher levels
of education, scientific investigation and artistic creation, in addition to the right to
cultural creation and enjoyment, as well as the right to preserve, defend and valorise
cultural legacy.
The base law for education represents a decisive step towards the establishment of a
reference legal framework for the organization, guidance, regulation and development
of an education system resulting from the deep changes the Country has been
undergoing since its independence. The consecration of the universality of a nine-year
mandatory and free basic education, the strengthening of the assurance of equal
opportunities in terms of school access and success and the consideration of measures
meant for providing effective quality schooling to all citizens, are important landmarks
of this law.
Therefore the National Parliament decrees the following, under article 95.2 (l) of the
Constitution of the Republic of Timor-Leste to prevail as law:
CHAPTER I
SCOPE, PRINCIPLES AND MAIN OBJECTIVES
SECTION I
SCOPE AND GENERAL PRINCIPLES
Article 1
Scope and definition
1. The present law establishes the general framework for the education system.
2. Education system is the set of means through which the right to education is
achieved, expressed through the assurance of a permanent training action guided
towards the global development of personality, social progress and the
democratization of society.
4. The State shall ensure the availability of duly qualified teachers and human
resources, as well as the necessary infrastructures and financial means to ensure
the provision of quality education.
Article 2
General principles
1. All citizens are entitled to education and culture, under the Constitution of the
Republic and the law.
c) Social progress.
b) The upbringing of citizens able to judge, with a critic and creative spirit, the
society where they live and to take an active part in its development, in more
just and sustainable terms.
5. When accessing and receiving education, all Timorese are assured the respect of
the principle of freedom to learn and to teach.
Article 3
Freedom to learn and to teach
4. The State is responsible for licensing, evaluating and verifying private and
cooperative education, within the legal terms.
SECTION II
FUNDAMENTAL GOALS
Article 4
Education Policy
1. The education policy has permanent national objectives and requires transparent
and consistent drafting and execution.
2. The education policy seeks to guide the education and teaching system, so as to
respond to the needs of the Timorese society, as a result of a quantitative and
qualitative analysis towards a global, full and harmonious development of the
personality of individuals, encouraging the training of free, responsible and
autonomous citizens.
3. The Government is responsible for the education policy, under the Constitution
of the Republic and the present law.
Article 5
Essential objectives of education
b) Ensure the cultural, ethical, civic and professional training of children and
youngsters, enabling them to make critical reflections and to strengthen
citizenship, as well as to use their free time in a practical, educational and
creative manner;
Article 6
National Education Commission
According to the law, the National Education Commission has consultative tasks within
the scope of education policy and contributes towards broad agreements in relation to
its objectives, through the participation of the various social, cultural and economic
powers that represent the Country.
CHAPTER II
ORGANIZATION OF THE EDUCATION SYSTEM
SECTION I
GENERAL ORGANIZATION
Article 7
General organization of the education system
Article 8
Languages of the education system
The teaching languages of the Timorese education system are Tetum and Portuguese.
SECTION II
PRE-SCHOOL EDUCATION
Article 9
Objectives and targets of pre-school education
2. The pursuing of the objectives listed in article 9.1 is done in accordance with the
proper contents, methods and techniques, taking in consideration the need for
close articulation with the family environment and with the education action by
parents.
3. Pre-school education is meant for children from three years old to the age for
entering basic education.
Article 10
Organization of pre-school organization
1. The State is responsible for ensuring the existence of a network of public pre-
school education.
SECTION III
SCHOOL EDUCATION
SUBSECTION I
BASIC EDUCATION
Article 11
Targets and gratuity of basic education
1. Basic education is universal, mandatory, free and has a nine year duration.
2. Children who reach the age of six by 31 December of the year before the start of
the school year enter basic education.
3. Children who reach the age of six between 1 January and 31 March may enter
basic education, subject to the existence of vacancies.
4. Situations not covered by article 11.2 and article 11.3 shall be analysed and
decided by the competent regional education services.
6. The gratuity of basic education covers school fees, charges and emoluments
related with the enrolment, attendance and certification, with students also being
able to make free use of schools books and material, as well as transportation,
food and lodging, when necessary.
Article 12
Basic education objectives
a) Ensure the full training of all children and youngsters, through the
development of the competences of being, knowing, thinking, doing and
learning to live together;
b) Ensure a common base general training for all Timorese, ensuring them the
discovery and development of their interests and skills, reasoning capacity,
memory and critical spirit, creativity, moral sense and aesthetical sensitivity,
promoting individual realization, in harmony with the values of social
solidarity, and interrelating, in a balanced way, know-how and can-do,
theory and practise, school culture and daily culture.
c) Enable the acquisition and development of base competences and
knowledge enabling the pursuing of studies or the insertion of the student in
professional training schemes, as well as facilitating the acquisition and
development of personal and group work methods and instruments,
valorising the human dimension of work;
g) Develop the knowledge and appreciation for the core values of national
identity, national and official languages, Timorese history and culture,
within a perspective of universal humanism and solidarity and cooperation
among peoples;
i) Ensure that children with specific education needs, resulting namely from
physical and mental disabilities, are provided with proper conditions to
develop and use their capabilities in full;
Basic education shall be organized in such a way as to promote the school and
education success of all students, the conclusion by each one of effective schooling
with a nine year duration, and the nurturing in the students of interest for a constant
updating of knowledge, valorising an education information and guidance process in
collaboration with the parents.
Article 13
Basic education organization
Basic education covers three cycles, the first with four years, the second with two years
and the third with three years, within the following curricular terms:
a) In the first cycle, teaching is general and under the responsibility of a single
teacher, without prejudice to the possibility of the latter being assisted in
specialized areas;
b) In the second cycle, teaching is organized by base subject areas, with the
possibility of containing areas not related with subjects, meant for the
articulation of knowledge, the development of work and study methods and
the obtaining of complementary training, and is mostly provided with one
teacher for each area;
The articulation between the three cycles of basic education obeys a progressive
sequencing, with each cycle being responsible for completing, expanding and
broadening the previous one, within a perspective of global unity of basic education.
The specific objectives of each cycle are integrated in the general objectives of basic
education, within the terms of the previous paragraphs, according with the age
development corresponding to each cycle and considering the following guidelines:
a) For the first cycle, the development of oral language and the initiation and
progressive mastery of reading and writing, essential notions on arithmetic
and calculation, environment and plastic, dramatic, musical and motor
expressions;
b) For the second cycle, humanistic, artistic and sport, scientific and
technological training, seeking to allow students to assimilate and interpret
information, critically and creatively, ensuring the acquisition of work
methods and instruments, as well as knowledge, enabling students to pursue
their training and the development of active and conscious attitudes before
the community and its most relevant problems and challenges;
c) For the third cycle, the systematic and differentiated acquisition of modern
culture, in its humanistic, literary, scientific, technological, physical and
sport dimensions, necessary for continuing studies or entering the labour
market, as well as vocational, school and professional guidance providing
conscious options for subsequent training and respective contents, subject to
their permeability, seeking the continuation of studies or entrance in the
labour market, in respect for the autonomous realization of the human
person.
4. Specialized basic education schools may, subject to the base training, strengthen
the components of artistic teaching or physical and sport education.
6. Through the ministry responsible for the education policy, the Government shall
define the general rules for basic education, namely in what regards its
operation and its education contents, supporting, evaluating, inspecting and
verifying its execution.
SUBSECTION II
SECONDARY EDUCATION
Article 14
Targets of secondary education
Article 15
Objectives of secondary education
Secondary education seeks to continue and expand on the learning acquired in basic
education, completing and developing training through the following objectives:
a) Ensure and expand the fundamental skills and contents for a humanistic,
artistic, scientific and technical culture, as a necessary cognitive and
methodological support for proceeding to higher education or entering the
labour market;
e) Nurture, from the reality and appreciation for the permanent values of
society in general and Timorese culture in particular, persons actively
committed to the achievement of strategic development options for Timor-
Leste and made aware as to the reality of international community;
g) Enable contacts and experiences with the labour market, strengthening the
approximation mechanisms between school the labour market and the
community, while boosting the innovating and intervening function of the
school;
h) Ensure the existence of individual and group work habits, and nurture the
development of methodical, spirit opening, awareness raising and change
willingness and adaptation attitudes.
Article 16
Secondary education organization
a) General humanistic and scientific courses, mostly guided for the pursuing of
university higher education studies, also allowing entrance in technical
higher education;
7. Specialized schools may be created for the teaching and practise of technical
and technological or artistic courses.
8. Through the ministry responsible for the education policy, the Government shall
set the general rules for secondary education, namely as to its functioning and
educational contents, supporting, evaluating, inspecting and verifying its
execution.
SUBSECTION III
HIGHER EDUCATION
Article 17
Scope and objectives
e) Raise the permanent desire for cultural and professional improvement and
enable its achievement, integrating newly-acquired knowledge into an
intellectual structure that systematizes knowledge for each generation,
within a logic of lifelong education and generational and intergenerational
investment that strengthens the unity of the upbringing process, which
includes learning, knowing and doing.
Article 18
Access
3. Through a decree-law, the Government sets the access and entry regimes for
higher education, respecting the following principles:
4. Within the limits set in article 18.3, the responsibility for the evaluation of
capabilities for attendance, as well as the selection and serialization of
candidates for entering each higher education course and establishment, belongs
to the higher education establishments.
6. The Government may establish overall quantitative limits in the access to higher
education, numerus clausus, by reasons of public interest and to ensure the
quality of teaching, both for public as for private and cooperative higher
education establishments.
7. The State shall create conditions enabling citizens to attend higher education, so
as to prevent discriminatory effects resulting from economic and regional
inequalities or previous social disadvantages.
Article 19
Association of higher education establishments
Article 20
Academic degrees and diplomas
9. Through decree-law, and after hearing the higher education establishments, the
Government regulates the conditions for granting academic degrees, so as to
ensure the scientific level of acquired training, the comparability of trainings
and the mobility of students.
Article 21
Baccalaureate
2. In addition to the individuals indicated in article 18.1 and article 18.5 of the
present law, students who complete a technical higher education course granting
a diploma II may access a baccalaureate course.
3. The rank of bachelor is granted after the conclusion of higher training, with six-
semester duration.
Article 22
Degree
2. The degree of graduate is granted after completing higher training for two
semesters, following the drafting of a thesis subjected to discussion and
approval.
4. In exceptional cases, courses granting a degree may last one or two more
semesters.
Article 23
Post-graduation
Article 24
Masters’
2. The rank of master is granted after completing higher training lasting four
semesters and including a school part lasting two semesters.
Article 25
Doctoral degree
4. Exceptionally, doctoral degree courses may allow graduates who hold a school,
scientific or professional background that is recognized as worthy for the
purpose by the competent scientific body of the education establishment where
the doctoral degree course is to be provided.
5. Doctoral degree courses may include a school part with the maximum duration
of four semesters.
6. The granting of the rank of doctor also presupposes the drafting of an original
investigation thesis, as well as its discussion and approval.
Article 26
Higher education establishments
6. Higher study centres may be built, to collaborate in lifelong education and in the
valorisation of local human resources, with higher education establishments
being responsible for certifying the granted qualifications.
7. Through decree-law, the Government regulates the requirements for the creation
of higher education establishments, so as to ensure the achievement of the goals
of higher education, the quality of the education provided and the investigation
done, as well as the social, scientific and cultural relevance of the institution.
Article 27
Scientific investigation
1. The State shall ensure the material and cultural conditions for scientific creation
and investigation, promoting its quality assessment.
3. Higher education scientific investigation shall consider the main goals of the
respective establishment, while remaining focused on its role regarding the
progress, knowledge and resolution of problems put by the social, economic and
cultural development of the Country.
SUBSECTION IV
SCHOOL EDUCATION SPECIAL MODALITIES
Article 28
Identification of the school education special modalities
1. As a complement to the general modality of school education, there are also the
following special modalities of school education:
a) Special education;
c) Recurrent education;
d) Distance education.
Article 29
Special education
3. Special education is centred on students, striving at all times, from the earliest
possible stage, to reduce the limitations resulting from disability and optimizing
all their capacities and potential, thus including activities directed for students
and actions meant for the adequacy of the family and community environments.
6. The State shall promote and support special education, with special education
initiatives belonging to central and local administration and other private and
cooperative entities, whether collective or individual, namely private social
solidarity institutions, parent associations, resident associations, civic or
confessional organizations and union or employer organizations.
7. Through the ministry responsible for the education policy, the State shall set the
general rules for special education, namely in what concerns its funding and its
pedagogic and technical aspects, supporting, evaluating, inspecting and
verifying its execution.
Article 30
Specialized artistic education
1. Specialized artistic education is meant for persons with specific aptitude for art,
who wish to develop and enhance artistic languages, namely in the area of fine
arts, shows, audiovisuals and multimedia, design and applied arts.
4. Specialized artistic education study plans are organized according to the specific
requirements of each level of education, so as to adapt specialized artistic
education to today’s challenges and to cultural and artistic contexts, through the
use, in each artistic area, of a specific curricular composition that favours
artistic innovation, experimentation and practise.
1. Recurrent education is meant for the individuals who have gone beyond the age
indicated for attending basic and secondary education, to those who having
completed basic education and being aged 16-18 are working and present
evidence as to that situation, and to those who have not had the opportunity to
enter school education when they were in the normal age for education.
3. Recurrent education is provided mostly at night, with the forms of access and
methods of study being organized in a manner that suits the age groups to which
they are provided, to the life experience acquired meanwhile and to the
demonstrated level of knowledge.
4. Recurrent education issues the same diplomas and certificates as basic education
and secondary education, without prejudice to the possibility of distinguishing,
in the evaluation and certification process, between qualifications that allow the
continuation of studies and qualifications that do not allow it.
Article 32
Distance education
2. Distance education shall be especially relevant for recurrent education and for
the continuous training of teachers.
3. The bodies responsible for distance education shall promote innovation and the
society of information and knowledge.
SECTION IV
EXTRA-SCHOOL EDUCATION
Article 33
Extra-school education nature and objectives
SECTION V
PROFESSIONAL TRAINING
Article 34
Professional training nature and objectives
a) Professional initiation;
b) Professional qualification;
c) Professional enhancement;
d) Professional reconversion.
4. Public entities responsible for the education policy the employment policy shall
articulate among themselves the interventions in the areas of vocational training
and professional training, respectively, in view of the full achievement of the
goals listed in article 34.3.
b) People who have not completed mandatory schooling by its limit date;
a) Specific institutions;
SECTION VI
CURRICULAR PLANNING
Article 35
Curricular planning principles
2. The curricular plans of basic education and secondary education include, in all
their cycles, in an adequate manner, a personal and social training area which
components may include education towards civic participation, ecological
education, consumer education, family education, sex education, health and
accident prevention education, as well as the teaching of moral and religious
education.
3. Basic education and secondary education curricular plans must have a national
structure that gathers the knowledge and skills of each cycle, with the possibility
of adding to that structure flexible contents, integrating regional and local
components, and curricular developments foreseen in previously authorized
contracts between school administration and schools.
4. Private and cooperative education establishments may adopt the curricular plans
and programming contents of public schools, or adopt specific plans and
programs, which under the law will be recognized case by case through the
positive assessment of the respective curricula and pedagogic conditions.
8. Teaching and learning of the official languages shall be structured in such a way
as to make all other curricular components of basic education and secondary
education contribute, systematically, towards capacity development in terms of
the understanding and drafting of written and oral exams, in Portuguese and
Tetum.
Article 36
Occupation of free times and school sport
3. Free time occupation activities should favour the participation and involvement
of learners in their organization, development and evaluation.
4. School sport seeks in particular the promotion of health and physical fitness, the
acquisition of motor habits and conducts and the understanding of sport as a
cultural factor, stimulating feelings of solidarity, cooperation, autonomy and
creativity, as well as the discovery and incentive of sporting talents, guided by
qualified professionals, nurturing the organization and management of school
sporting events by the practitioners themselves.
Article 37
Education investigation
Education investigation, which is nurtured and supported by the State, is meant for the
scientific evaluation and interpretation of the activity developed in the education
system.
CHAPTER III
EDUCATION SUPPORTS AND COMPLEMENTS
Article 38
Promotion of school success
Article 39
School health support
Article 40
School social action
1. School social action services are provided within the scope of pre-school
education and school education, meant for compensating, in social and
educational terms, economically underprivileged students, through objective
and public affirmative action criteria, in conformity with the law.
2. School social action services are achieved through a diversified set of actions,
namely assistance with meals, canteen services, school transportation, lodging,
school manuals and materials, as well as scholarships.
Article 41
Student workers
2. The Government shall approve the special regime for student workers.
CHAPTER IV
EVALUATION AND INSPECTION OF THE EDUCATION SYSTEM
Article 42
Evaluation of the education system
2. The evaluation of the education system shall cover pre-school education, all
levels of school education, including special modalities, and extra-school
education and professional training, including public, private and cooperative
education.
Article 43
Accreditation
Article 44
Education statistics
Education statistics are vital instruments for drafting the education policy and for
planning the evaluation of the education system, and shall be organized in such a way
as to ensure they are completed in a timely and universal fashion.
Article 45
Education inspection
1. The education system is subjected to inspection, under the present law and
further complementary legislation, in order to safeguard the legitimate interests
of all those who integrate it.
CHAPTER V
EDUCATION SYSTEM ADMINISTRATION
Article 46
General principles and organization
1. The administration and management of the education system must respect the
principles of democracy and participation towards the pursuing of pedagogic
and educational objectives concerning social and civic upbringing,
accountability, transparency and individual and collective performance
evaluation.
4. The organization and operation of the executive administration results from the
law, in the respect for the previous paragraphs, adopting the proper forms of
administrative deconcentration and decentralization, ensuring the necessary
unity of action and efficiency, through the ministry responsible for the
education policy, which is accountable, in particular, for the following
functions:
d) Inspection of education;
6. The granting of the licence described in article 46.5 requires the meeting of the
minimum conditions for operation, to be set in a specific diploma.
8. Private teaching and cooperative teaching are ruled by specific legislation and
statutes, which must be subordinated to the principles of the present law.
Article 47
School administration and management
5. The executive directorate of each basic and secondary education set of schools
or individual establishment is assured, under the law, by specific singular or
collegial bodies, fully responsible, the representatives of which are chosen
through a public procedure that valorises curricular merit and the merit of the
education project presented, and who must have the necessary training for the
role.
6. The executive directorate of each basic and secondary education set of schools
or individual establishment is supported, under the law, by specialized services
and pedagogic and disciplinary consultative bodies, for which representatives
from teachers, students, in the case of secondary education, parents and non-
teaching staff shall be democratically elected.
CHAPTER VI
EDUCATION HUMAN RESOURCES
Article 48
Teacher and educator functions
6. University higher education teachers require the rank of doctor or master, while
technical higher education teachers require the rank of graduate or equivalent;
other individuals recognized as being qualified may also teach; graduates or
equivalent may assist university higher education teachers, while bachelors may
assist technical higher education teachers.
Article 49
Principles on the training of educators and teachers
Higher level initial training providing base scientific and pedagogic information,
methods and techniques, as well as personal and social training adequate to the
performance of the task;
3. Through decree-law, the Government shall approve the training regime for
educators and teachers, namely defining the requirements for the initial training
courses for teachers, the competency and training profiles, as well as the
characteristics of a period of induction and respective evaluation, for becoming
a teacher, quality standards, qualifications for the performance of other
educational tasks, namely special education, school or educational
administration, curricular organization and development, pedagogic supervision
and training of trainers.
4. The State may support the continued training of teachers working at private and
cooperative education establishments included in the public service education
and teaching network.
Article 50
Career start for teaching and non-teaching staff
3. All educators, teachers, non-teaching staff and other education professionals are
entitled the right and duty of relevant continuing training, so as to perform their
respective tasks, together with the permanent and ongoing duty of self-
information and self-learning.
CHAPTER VII
MATERIAL AND FINANCIAL RESOURCES
Article 51
Education network
2. The education network includes private and cooperative education and teaching
establishments that respect the principles, objectives, organization and operation
rules of the education system, including academic qualification and training
rules, required for teaching.
3. Acknowledging the value of private and cooperative education, the State shall
consider private and cooperative education establishments in existence or to be
created when ordering the public service education network, as well as in a
perspective of rationalizing resources and promoting the quality of education
offers.
4. The State provides financial support, by way of contract and in the legal terms,
to private and cooperative education, taking into consideration the choice of
families when the respective establishments are integrated in the public service
education network and pursue education development objectives.
Article 52
Education network planning
2. The planning and ordering of the education network shall ensure, under the law,
an effective intervention by local administrations and an institutionalized
participation by local communities, in order to draft and update school charts
that become an instrument, at regional and local level, for planning educational
offers.
3. The Government approves the education network every year, translated into the
configuration of the territorial organization of educational offers and school
buildings belonging to pre-school and school education establishments.
Article 53
School buildings
3. The design of school buildings and the choosing of equipments must consider
the special needs of persons with disabilities.
4. The design of school buildings shall favour types that house all secondary
education modalities, without prejudice to the possibility of admitting broader
types, in the respect for age structures corresponding to each cycle of base
education and the functional specificities of each one.
Article 54
Education resources
1. Education resources are the material means used for the proper realization of the
educational activity.
CHAPTER VIII
TRANSITIONAL AND FINAL FEATURES
Article 56
Teaching and non-teaching staff
1. Measures will be taken in order to provide basic and secondary education with
professionally qualified teachers, by way of initial training models in
conformity with the provisions of the present law, so as to render unnecessary,
as soon as possible, the hiring of permanent teachers without professional
qualifications.
4. The transition regime changing the current education structure to the one
indicated in the present law is approved by decree-law, under the monitoring of
the National Education Commission.
5. The transition indicated in article 56.4 cannot harm the rights acquired by
teachers, students and school non-teaching staff.
Article 57
Education and teaching establishments integrated in the educational system
1. From school year 2010 on, only education and teaching establishments that use
the official languages of Timor-Leste as teaching languages may be part of the
Timorese education system.
2. Exceptionally, and through the ministry responsible for the education policy, the
Government may accredit and authorize, in duly justified cases, the operation of
education and teaching establishments without the requirement of article 57.1.
Article 58
Mandatory schooling
1. The regime of nine years mandatory schooling set in the present law applies to
students who enrol in the first year of the first basic education cycle from school
year 2008-2009.
Article 59
Educational supports
Article 60
System of equivalences
Through a decree-law, the Government shall define and approve the system of
equivalences among studies, degrees and diplomas of the Timorese education system
and the education systems of other countries.
Article 61
Integration of children and youngsters from the Timorese Diaspora
The Government shall create and develop the necessary conditions for facilitating the
integration in the education system of children and youngsters returning to Timor-
Leste, whose parents are Timorese citizens.
Article 62
Complementary legislation
The bases contained in the present law are developed by initiative of the Government
through the approval of complementary legislation, under the monitoring of the
National Education Commission.
Article 63
Entry into force
The present law enters into force on the day after its publication.
__________________________
Fernando La Sama de Araújo
Let it be published.
____________________
Dr José Ramos-Horta