One of the greatest challenges faced by Timor Leste as a newly independent and emerging democracy was the creation and establishment of a well-functioning, independent justice system, which was respectful of international human rights norms and responsive to the needs of the Timorese people. In any democracy, whether newly formed or established, it is imperative that there be allowed to exist an independent and unified “voice”, which serves to safeguard and guarantee against the abuse of power and corruption by State officials and institutions. Such an independent “voice” is frequently led by legally knowledgeable individuals from within the community and can only come from those individuals who are not dependent upon the government for their livelihood or sustainability. Such an independent, unified “voice” is necessary in Timor Leste in order to provide independent monitoring and oversight of all such governmental processes. That “voice” can be the product of a unified body of lawyers working together to advocate for and advance causes intended not just for the advancement of the legal profession or as on oversight of all government processes, but for the better of society, as a whole, through the development of a Bar Association

The continued development of the Asociasaun Advogados Timor Lorosa'e (“AATL”) in Timor Leste would ensure the existence within the justice system a professional institution that is dynamic, and capable of providing services not only to its own members but to society at large. The consolidation and strengthening of a unified, independent and sustainable Bar Association will also ensure the presence of a civil society counterbalance in the Timorese justice system, whereby the rule of law and democracy will be upheld through increased monitoring and advocacy on issues of law and justice. It is also an important function of a Bar Association to ensure the availability of legal services to those individuals who cannot financially afford to hire a lawyer, either through legal aid centres, or through the required pro bono services of individual lawyers. With the development of the AATL as an independent, professional and unified entity, this body of legal professionals would be in an enhanced position to advocate on behalf of vulnerable and poor communities in ensuring that justice services are accessible.

It is therefore imperative that the legal profession be governed and monitored by a system of rules and regulations enacted to advance the credibility, professionalism and ethical behaviour of the lawyers. One of the primary functions of AATL is the regulation of the ethical responsibilities of private lawyers through the development of a disciplinary process, the drafting of a Code of Conduct, and the development of an accreditation process and legal education program. These functions guarantee and enhance the reputation and credibility of the legal profession. They increase the professionalism of lawyers and significantly improve their services, leading in turn towards an increase in the respect for the Rights to an adequate defence and the right to a fair trial. Consequently, a Bar Association that is in its infancy can not be expected to provide free services to the poor population of Timor Leste until it has had the opportunity to develop and educate its members on their social responsibilities.

On August 29, 2003 , the Constitution of the AATL and an accompanying Advocacy Statute was formally approved by the Constituent General Assembly of members of the AATL. This endorsement occurred after a lengthy grass-roots process of workshops and one-on-one meetings to ensure the broadest possible participation of all lawyers, judges and Ministry of Justice officials in the preparation and drafting of these key documents. These proposed statutes constitute the basic framework for the regulation of the legal profession. It is now necessary to build on that structure in order to establish the kind of legal profession East Timor lawyers aspire to have. As previously discussed, the greater long-term impact of a strong, independent Bar Association with well-trained and qualified members is its ability to act as a unified “voice” in addressing issues of concern and abuses of power within government systems and the community as a whole. The AATL will ensure increased access and participation by the legal profession in the continued growth and development of an open and democratic system of justice in Timor Leste.