Partnership in legal aid

THE celebration of National Legal Aid Day on April 28 each year is a perfect time to take stock of the progress that has been made and the various ways by which legal aid can reach more and more of the poorest of the poor.
We acknowledge the commitment of the government through the Ministry of Law, Justice and Parliamentary Affairs, and the National Legal Aid Services Organization (NLASO), in their efforts to expand legal aid services in the country. The creation of legal aid committees at the upazila and union level had been authorised in 2011. In that same year, the provision for appointment of one legal aid officer for each district had been stipulated. These legal aid officers not only have the power to provide litigation support, but also alternative dispute resolution services such as mediation. Finally, the creation of special legal aid committees to support the Labour Courts and the Chouki courts in the hard to reach areas has also been mandated under the latest amendments to the Legal Aid Services Act.
However, the gap between law and practice remains as wide as it is challenging. In a recent survey it is found that 91 % of people surveyed are not aware of the legal aid committees. Also, 65% of people with legal issues do not do anything about them, much less seek legal aid or go to the police.
Truly, the task of providing legal aid cannot be left to the government alone. The private sector, more specifically, the civil society organisations need to assist the government in their efforts to provide quality legal aid to the poor. We seek to create a viable partnership with the NLASO through the following concrete means:

• Ensuring the active participation of NGOs in the legal aid committees at various levels;
• Activating the legal aid committees at the upazila and union levels. The survey also confirms that people seek justice from people who are most accessible. The closer the legal aid committees are to the people, the more effective the legal aid services will be;
• Creating awareness of the law, human rights and the availability of legal aid;
• Using the legal aid committees as a platform for monitoring the quality of service of the panel lawyers. It is our experience that it is not sufficient to assign cases to panel lawyers. It is also important to ensure that the lawyers are providing quality service, and this can be secured through feedback from the clients.

If well implemented, legal aid can truly provide access to justice for the poor. Let us all join hands in the celebration of National Legal Aid Day, and remember the long road ahead in making legal aid truly meaningful to the people.
 

The writer is Team Leader, Community Legal Services Bangladesh, a DFID funded safety and justice programme.