EAST TIMOR DRAFT LEGAL AID LAW NEEDS MORE WORK - report

An East Timorese salutes during a ceremony marking the country's 9th Independence day anniversary in Dili, East Timor May 20, 2011. REUTERS/Lirio Da Fonseca

Thin Lei Win – Trust Law - 29 Aug 2011 13:47

BANGKOK (TrustLaw) – A revised draft of the East Timor legal aid law, unveiled in mid-July, “deserves praise” for generally upholding international standards on access to justice but also includes some key challenges, the Asia Foundation said.

“The draft legislation provides for wide legal aid coverage for court representation in criminal, civil, and administrative matters, availability of legal aid at all stages of the process, and payment of related expenses for participants in judicial proceedings,” the Foundation, which focuses on development issues, said in an editorial.

However, a joint submission to the Ministry of Justice from legal aid organisations working with rural communities on much-needed legal support detailed areas that are of concern, the article added.

Challenges include a shortage of qualified private lawyers, lack of support for cases that are not linked with pre-existing formal court proceedings and the heavy focus on the capital Dili although 70 percent of the country’s population reside in rural areas.

In June, TrustLaw reported how some of the poorest and most disadvantaged citizens of East Timor may find themselves without legal advisors to turn to in times of need if amendments are not made to the Private Lawyers Bill.

Under the Bill, passed in 2008, private lawyers must complete a two-year certification training programme by July 30, 2012. However, the programme was not established till June 2010.

“Unless the Private Lawyers Law is amended to extend the time period for lawyers to qualify, there will be at most 14 qualified or trainee private lawyers by July 2012,” the Foundation said, adding it is likely such a small pool of qualified lawyers will be concentrated almost exclusively in the capital city.