PENAL CODE of the Democratic Republic of Timor Leste Article 135. Religious or racial discrimination 1. Any person who establishes or constitutes an organization or develops activities of organized propaganda inciting or encouraging religious or racial discrimination, hatred or violence, or takes part in the organization or carrying out of the activities referred to in the previous paragraph, or provides assistance thereto, including funding, is punishable with 4 to 12 years imprisonment 2. Any person who, at a public meeting, through written medium destined for dissemination or in the media, provokes acts of violence against a person or group of people on grounds of race, color, ethnic origin or religion, with the intent to incite or encourage racial or religious discrimination, is punishable with 2 to 8 years imprisonment. CHAPTER IV COMMON PROVISIONS Article 136. Responsibility of military commanders and other superiors 1. A military commander or person acting as such, aware that the forces under his or her effective command and control or effective responsibility or control are committing any of the crimes provided in this title, fails to adopt all necessary and appropriate measures to prevent or deter the commission of such acts or to immediately report them to competent authorities, is punishable with the sentence corresponding to the crime(s) that has (have) actually been committed. 2. The provision of the previous subarticle is, mutatis mutandis, applicable to a superior in connection with control of subordinates under his or her effective authority and control. Article 137. Definitions For the purposes of this Title, the following definitions are considered: a) "Armed conflict of an international character" is that which: i) Occurs between States, even when there is no formal declaration of war, even though a state of war is not recognized by either State; ii) Corresponds to a situation of partial or total occupation of the territory of a State, even if such an occupation finds no military resistance; iii) Includes a situation in which peoples fight against colonial domination, foreign occupation or against a segregationist regime, in the exercise of the right of peoples to self-determination, as enshrined in the Charter of the United Nations and in the declaration relative to the principles of international law concerning friendly relations and cooperation among States. b) "Armed conflict of a non-international nature" is one which is fought within the territory of a State, is of a prolonged nature, where there is opposition between governmental authorities and organized armed groups, or a conflict fought among the latter, exception being made to situations of internal unrest or tension, such as sporadic or isolated acts of violence or others of a similar nature; c) "Protected persons" i) In armed conflicts of an international character, it means protected persons in the sense of the 1949 40

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