In Bangladesh Justice Needs and Satisfaction 2018 - Innovating Justice
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Justice Needs
and Satisfaction
in Bangladesh
2018
Legal problems in daily life
3
Table of contents
This research was supported by
update
Table of contents
Executive summary........................................................................................................................4
Executive summary....................................................................................................... 4
the Ministry of Foreign Affairs of Purpose of the study................................................................................................................... 10
The Netherlands. BRAC Human Introduction to Justice Needs & Satisfaction Study in Bangladesh ..................... 12
Research methodology................................................................................................................. 16
Rights and Legal Aid Services was
Legalproblems
Legal Problems in Bangladesh
of refugees. ................................................................................. 32
.........................................................................................................22
an invaluable partner and the
research greatly benefited from Access
Accesstotolegal information
Legal Information and advice and........................................................................................
Advice.................................................................. 56 34
their collaboration. Dispute resolution....................................................................................................................... 67
Dispute Resolution...................................................................................................... 74
Trust and legal empowerment....................................................................................................... 91
Trustproblems
Legal and Legal Empowerment...............................................................................
of young people.................................................................................................102 103
Legalproblems
Legal Problems of Young
of women. People............................................................................. 114
...........................................................................................................121
Family
LegalJustice...........................................................................................................................
Problems of Women....................................................................................... 134 139
Employment.............................................................................................................................. 169
Land Disputes............................................................................................................ 150
Refugees................................................................................................................................... 193
Conclusions
Conclusions andand Recommendations....................................................................... 174
recommendations............................................................................................ 216
Disclaimer
This report is a living document and subject to revision.
Whenever the report is revised it will be posted at
www.hiil.org/publications/data-reports. This version
of the report was generated on March 12, 2018.
4 JUSTICE NEEDS IN BANGLADESH - 2018 5
Executive Summary Justice needs
in Bangladesh
Hiil conducted a nationwide Justice of the outcomes and the tangible and Article 27 of the Constitution of Lack of legal awareness
Needs and Satisfaction survey (JNS) intangible costs of justice. This data Bangladesh states that “all citizens are
in Bangladesh with the cooperation illustrates how the users of justice in equal before law and are entitled to Seeking legal information and
of the Ministry of Foreign Affairs Bangladesh evaluate the formal and equal protection of law.” Protection of advice and engaging in some form
of the Netherlands. First, we aim informal processes for resolving legal the law grants people the freedom to of dispute resolution are essential
to make the demand for justice of problems. work, own assets, establish businesses, steps in resolving any legal dispute.
Bangladeshi citizens transparent. innovate and create new ideas. It However, only about half the people
Our second goal is to find out how This report has the following allows them to form relationships and in Bangladesh choose to do so.
the people perceive the available objectives: engage with their community, based Approximately 15 million people do
justice journeys. Using a bottom- •• Enhance the understanding of on their own choices. In order to create not take any form of action when faced
up approach, we interviewed 6000 the justice needs of people in policy initiatives that lead to real, with a legal dispute every year.
randomly selected adults across Bangladesh. sustainable improvement in access to
The main barrier to these people
all districts of Bangladesh during •• Highlight bright spots of the justice justice, all stakeholders involved first
seeking legal information and advice
August and September 2017. Our system and identify the potential for need to understand citizens’ current
is the belief that it will not make
local partner, BRAC Human Rights innovation. experience of access to justice.
a difference. There is a sense of
and Legal Aid Services (HRLS)
•• Examine the different paths to Four out of five adults in Bangladesh hopelessness among the people and
conducted in-depth qualitative
justice used by Bangladeshis. faced one or more legal problem seeking legal advice or taking active
interviews with users of justice
•• Provide an agenda for justice in the past four years. This implies steps to resolve a dispute are seen as
to complement the quantitative
innovation built on evidence-based that more than 31 million people pointless. The opportunity costs are
data with the human stories that
interventions. experience a legal problem that simply too high.
normally stay hidden behind the
numbers. requires the protection of the law
For the people who do take action to
every year. Land disputes (8 million
resolve their legal problem, about four
This report is the result of the per year), neighbour conflicts (6.8
in ten find a solution to their problem.
examination of thousands of justice million per year) and crime (3.8 million
This places a substantial burden on the
journeys. We discovered how people per year) are the most common
social fabric of a country. Unresolved
seek legal information and advice, and most serious legal problems in
legal problems cause significant
and what steps, if any, they take to Bangladesh. These three categories
uncertainty and difficulties at the
resolve their legal disputes. For those account for approximately 60% of all
individual level. Moreover, a lack of
who achieve an outcome, we asked legal problems that were identified as
justice delivery also undermines trust
about their perceptions regarding the most serious. The people facing these
in the system itself. The opposite is also
quality of the processes, the quality problems need access to user-friendly
true: when fair and accessible justice
and effective justice journeys that
deliver fair outcomes.
6 JUSTICE NEEDS IN BANGLADESH - 2018 7
journeys that produce just outcomes Women in Bangladesh face an uphill
are available, the basis for productive battle. When faced with a legal
relationships is much stronger. problem, particularly related to
violence against women, they are often
31 million People look for local solutions afraid to speak up or are persuaded
to drop their cases; the system seems
Bangladeshis experience Bangladeshis mostly rely on alternative
to work against them. It is crucial to
one or more dispute resolution mechanisms and
improve gender sensitivity and take
very few problems are actually referred
legal problems to courts of law (only 8% of those who
the specific justice needs of women
into account when designing new
take some sort of action end up using
every year courts). Taking action yourself, such
procedures.
as gathering evidence, or going to Additionally, the lowest income
local elites, such as the UP chairman or group tends to evaluate the quality
The most common and serious
the matabdar, are far more common of the procedures and the quality
legal problems in Bangladesh:
strategies than going to the police or to of the outcomes less favourably
land disputes court. People thus try to find solutions than Bangladeshis in higher income
to their legal problems in their locality groups. Moreover, they are slightly
neighbour conflicts and rely less on structured formal less likely to take action to resolve
mechanisms. their legal problems and experience a
crime higher degree of stress and negative
One size does not fit all
emotions. There should thus be a
Different people have different specific focus on the poor, to ensure
problems and the law should provide they have access to justice and that
Only 1/2 people in Bangladesh protection to all of them. Regardless their legal disputes are resolved in a
seek legal information and advice. of one’s gender, affluence, ethnicity, fair and transparent manner.
They mostly rely on alternative religious background, disability or any
dispute resolution mechanisms. Bright spots of justice in Bangladesh
other personal characteristic, access
to justice has to be guaranteed for all The government of Bangladesh has
members of society. been investing in access to justice. It is
supporting the implementation of the
Legal Aid Services Act of 2000.
8 JUSTICE NEEDS IN BANGLADESH - 2018 9
The way forward
The act does not currently meet the Align justice reform with the Improve information delivery. Design and provide affordable and
needs of all potential beneficiaries, but needs of the people in Bangladesh. Currently, one in two people neither accessible justice journeys for all.
it does suggest that access to justice is People indicate that in their daily seek legal information and advice nor Regardless of one’s gender, affluence,
on the political agenda. We hope this lives they often have to deal with land take any sort of action to attempt to ethnicity, religious background,
report will contribute to this mission conflicts, neighbour disputes and resolve their dispute. This suggests disability or any other personal
by mapping out the justice needs of crime. Focusing on the improvement there is a substantial lack of legal characteristic, access to justice has
citizens and clearly indicating areas for of these justice journeys will directly awareness among the citizens of to be guaranteed for all members
improvement. impact the millions of people facing Bangladesh. Providing the relevant of society. This is the only way to
these legal problems. Based on the information in a user-friendly manner guarantee true equality before the
The data indicates that there is a high lessons learned, justice reform can when citizens need it most will law and ensure peaceful and inclusive
level of legal empowerment. Despite then focus on the next most prevalent empower and guide them on their development. The data clearly shows
the fact that the current system is not legal problems. This is a step by step justice journey towards a fair outcome. that different people have different
delivering justice for large numbers approach that incrementally improves User-centric, targeted and actionable justice needs. These needs impact
of people, many still indicate they are access to justice for those who need legal information should be provided vulnerable people more profoundly.
quite confident that they will receive it most. By first focussing on the legal proactively at the level where the These differences should be taken
fair solutions to their legal problems. problems that impact the largest people encounter a problem. into consideration when designing the
This high level of trust provides a number of people, quick gains can be delivery of justice services.
strong foundation on which to build made.
better justice journeys.
According to the data, justice
In Bangladesh, lawyers are quite concerning land is a particularly
expensive and clearly not available pressing issue. The current land laws
to everyone. However, they are are several decades old and are in dire
consistently rated as very helpful when need of updating. Digital innovation
dealing with a legal problem, by those can play an important role here by,
who can afford them. The challenge for example, with the creation a
that remains is improving access to fully digitalised registration system.
lawyers and ensuring their affordability Procedural changes can also play a
for all. vital role; increasing coordination and
creating a one-stop service for citizens
would be a helpful first step.
10 JUSTICE NEEDS IN BANGLADESH - 2018 11
Explore the full potential of hybrid Build and sustain a justice
justice mechanisms. Traditionally innovation system. In order to
the focus of the justice sector is thrive, justice innovation has to be
firmly on formal justice institutions. encouraged and supported. After
However, the data shows that very mapping access to justice from the
few people actually engage with users’ perspective, the next logical
these formal institutions when faced step is to invest in developing a
with a legal problem. Formal justice robust system of justice innovation.
is considered to be expensive and Such system should include smart
time consuming. Instead of relying innovators, dedicated financing,
on formal justice institutions, the engaged institutions and supportive
data reveals that many people go to policies. Most of all the building
local public authorities and powerful of such a system requires smart
figures in their communities to resolve process design, clear ownership and
their legal problems. Linking these engagement by public, private and civil
local institutions with the formal society actors.
justice institutions has great potential
for enhancing justice journeys and
integrating access to justice into Create systems that listen directly
existing social and institutional to the users of justice. To respond
mechanisms. For the design of hybrid adequately to people’s justice needs,
justice mechanisms, it is crucial to continuous bottom-up monitoring is
recognise that justice journeys should needed. Monitoring of justice journeys
be free from bias. as the users encounter them should be
mainstreamed into policy-making and
service delivery. Active involvement of
civil society organisations, particularly
in leading roles, will increase the
accountability of the justice system in
Bangladesh.
12 JUSTICE NEEDS IN BANGLADESH - 2018 13
1
Introduction to
Justice Needs &
Satisfaction study
in Bangladesh
Introduction
Purpose
Our approach
Research Methodology
Demographics
14 JUSTICE NEEDS IN BANGLADESH - 2018 15
Introduction
In 2017, HiiL conducted a Justice Needs their community, based on their own We start by identifying the existing Who do they ask? Is the information
and Satisfaction (JNS) study among choices. justice needs. What kind of legal they receive perceived as helpful? What
the Bangladeshi people in cooperation problems do people face? The central do they do next to begin to resolve the
with the Dutch Ministry of Foreign By collecting data from the people, characteristic of a legal problem is legal problem? Hire a lawyer? Go to the
Affairs. The aim of the project was to we listen to the voice of the regular that the problem has a potential legal police? Ask their friends for help? Go
map out the most pressing justice Bangladeshi. In order to create policy resolution. Whether the individual to a religious leader? Or do they try to
needs of the people and to gain a initiatives that lead to real, sustainable frames it as legal or whether the solve the legal problem themselves?
better understanding of the different improvement in access to justice, all respondent resolves the issue using
strategies that they employ to solve stakeholders first need to understand legal means is not essential. How many Lastly, we investigate the quality of
their legal problems. the citizens’ current experience of people are affected by these problems? the justice journey. In this way, we
access to justice. The JNS methodology Are specific groups in society impacted can evaluate the existing processes
We interviewed 6000 randomly selected aims to understand people’s complete differently or do they face different as perceived by the people. Was the
adults across all eight divisions of journeys to justice, from when a legal legal problems altogether? These procedure they followed clear to them?
Bangladesh to investigate the scale problem is first experienced to its final questions lead to a basic identification Did they feel heard? Was it affordable?
and nature of the legal problems that resolution. of the most pressing justice needs in Was it too time consuming? Was the
people had experienced in the past •• What works and what does not Bangladesh. outcome helpful? Was the outcome
four years. The data was collected by work on the justice journeys? implemented?
Nielsen Bangladesh. We then look at what people do in
•• In what ways could the justice The report you are about to read
response to these legal problems.
Article 27 of the Constitution of journeys be improved? contains all of this information and
Where do they go for legal information
Bangladesh states that “all citizens •• In what ways do the justice and advice, to understand their rights more. It serves as a valuable addition
are equal before law and are journeys need to be redesigned? and determine what actions to take? to the discussion around access to
entitled to equal protection of law.” justice in Bangladesh and aims to
The government of Bangladesh, contribute to positive change.
practitioners from the justice sector,
civil society organisations and legal
experts are devoted to keeping this
promise. Protection of the law grants
people the freedom to work, own
assets, establish businesses, innovate
and create new ideas. It allows them
to form relationships and engage with
16 JUSTICE NEEDS IN BANGLADESH - 2018 17
INTRODUCTION TO JUSTICE NEEDS & SATISFACTION STUDY IN BANGLADESH
1
Purpose of the study Local partner HiiL’s approach
The main objective of this study For the purpose of this study we •• Focuses on justice in people’s
is to explore and understand the worked in close cooperation with lives and understanding their
justice needs and experiences of the BRAC Human Rights and Legal Aid experiences in seeking access to
Bangladeshi people. A legal problem Services (HRLS). Besides conducting justice. Formal and informal justice
is an event which can occur in the lives qualitative interviews with their clients, journeys are mapped out.
of everyone, and can include divorce, they provided valuable insights into •• Enables decision-makers to focus
theft, a land dispute, unfair dismissal the legal system of Bangladesh and on justice when and where it is
from work, or a refused public service, supported us greatly in organising and needed most. The problem areas are
such as a driving license. Resolving hosting a data triangulation workshop highlighted by the citizens; a true
these issues costs time, effort and in Dhaka. Moreover, BRAC HRLS is bottom-up approach.
money. Furthermore, it often imposes uniquely positioned to turn the data
•• Provides robust evidence that can
significant amounts of stress on people contained in this report into action and
support programming and policy-
and affects their emotional well- positive change with regard to access
making in the areas of justice and
being. Even if the dispute is resolved, to justice.
the rule of law.
damages are often not fully restored.
Procedures are complicated and •• Builds on local knowledge about
not accessible for many of the most what works best (identifying the
vulnerable groups of people. Besides bright spots).
impacting individuals, injustice also •• Informs users and suppliers of
affects social cohesion. In order to justice about the quality of existing
ensure stability and prosperity in a services. Enables users to be
country, all people need to be able to informed about where to go and
depend on the justice system and know which services to use and assists
that they can expect fair outcomes. suppliers in improving their services.
By mapping out the complete justice •• Offers a cost-effective way of
journeys of people, this report serves monitoring progress in the justice
as a starting point for long-term justice sector. A standardised and replicable
innovation in Bangladesh. It highlights approach leads to economies of
focus areas where innovation is most scale, a reduction in operational
necessary and thereby acts as a guide costs, increased efficiency, a
for stakeholders. reduction in operational risk, and
cross-country benchmarking.
18 JUSTICE NEEDS IN BANGLADESH - 2018 19
INTRODUCTION TO JUSTICE NEEDS & SATISFACTION STUDY IN BANGLADESH
How we measure
1
Why the bottom-up justice matters access to justice
Men and women in Bangladesh solutions could be designed and To understand access to justice To what extent (scale 1-5)
experience many justice needs in their implemented if the citizens are at the in everyday life, we asked 6000 •• Did the process make you feel
daily lives. Citizens’ legal problems centre of the reform. Secondly, change Bangladeshis about their experiences frustrated?
mostly concern thefts and disputes works best if it considers the problems during their justice journeys. We used
•• Did the process make you feel
around land. Very few of these at a macro level, and implements a specifically designed research tool,
angry?
problems are referred to the formal solutions where the people interact the Justice Needs and Satisfaction Tool,
justice system of courts and lawyers. with justice mechanisms. Thirdly, to measure their justice needs. The •• Were you able to express your views
Policy-makers, courts, providers justice innovation is about the re- questionnaire addresses the type of and feelings during the dispute
of legal services and international design and improvement of justice legal problem that people encounter, resolution process?
donors are not always aware of these journeys. This is an iterative process, the solutions they get, how they seek •• Were the same rules equally applied
problems, or do not consider them which, if implemented well, can legal information and advice, which to you and to the other party/
to be high-priority issues. Whether deliver more justice to the people dispute resolution mechanism they parties?
citizens actually receive fair and of Bangladesh. There are no small engage and how they experience the •• Was the dispute resolution process
effective solutions through transparent justice problems: Every injustice resolution process and the outcomes. based on accurate information?
processes is rarely part of the debate that is prevented or resolved fairly,
In particular, we measure the cost •• Did the adjudicator explain your
about justice reform and its priorities. contributes to the legal empowerment
and quality of the dispute resolution rights and options during the
Most often, the focus is on the supply of citizens. Moreover, justice and the
procedure. These are some examples process thoroughly and make sure
side: How do courts, prosecutorial rule of law are positively linked to
of what we asked in order to measure you understood them?
services, police and other justice socio-economic development.
institutions mobilise resources, cope the cost and quality of the justice •• How much time in days did you
with demand and deliver results? journeys: spend resolving the problem?
Understanding the demand for justice
is key to innovation in justice design.
Firstly, more effective and innovative20 JUSTICE NEEDS IN BANGLADESH - 2018 21
INTRODUCTION TO JUSTICE NEEDS & SATISFACTION STUDY IN BANGLADESH
1
A word of caution about the data
People use formal and informal 3. The quality of the outcome Data for this report was collected that is considered petty crime. The
processes to resolve their legal •• Fair distribution: Distribution is through survey research, in-depth reported prevalence of legal problems
problems. In the Justice Needs and fair according to needs, equity and interviews with clients from BRAC should be critically assessed in light of
Satisfaction Tool the commonly applied equality criteria. HRLS and discussions with various the following:
justice processes are called justice experts from the Bangladeshi legal •• Shame and fear may be reasons why
•• Damage restoration: Fair
journeys. HiiL quantifies these justice sector. Inevitably, there are limitations some problems are not reported,
compensation for monetary loss,
journeys by asking people about their to the data. 95% of the enumerators for example when people have been
emotional harm and damage to
perceptions of three dimensions: The were male, which may have had an detained.
relationships.
process, the outcomes, and the costs influence on the interviewing of female
•• Problem resolution: Extent to which •• Cultural norms may cause people to
of the journeys. The questions are respondents. A small proportion of the
the problem is solved, and the result under or over-report problems.
categorised and displayed in ten easy- findings are based on answers from a
to-understand indicators of the costs has been enforced. limited number of people. For greater •• The interviewers were not members
and quality of access to justice. •• Outcome explanation: Extent to detail about people’s experiences with of the local communities. It might
which the people receive access to specific justice journeys, different and have been daunting for some people
1. The costs of justice outcome information. larger samples are needed. to discuss personal experiences
•• Money spent: Monetary costs for with strangers. Women in particular
legal fees, travel, advisors. Our experience tells us that people are sometimes not willing to talk
tend to underreport specific legal to a stranger about conflicts they
•• Time spent: Time spent searching
problems. This was confirmed by local experience, for example domestic
for information, attending hearings,
experts, who indicate that this may violence.
travel.
be particularly the case for family •• We did not include subsamples
•• Stress and negative emotions. disputes, employment problems and of the most vulnerable groups,
theft. Family disputes, for example, such as indigenous people and the
2. The quality of the procedure
are considered to be a sensitive topic, disabled. We recognise that these
•• Voice and neutrality: Process making people less likely to seek are important members of the
control, decision control, neutrality, justice outside of the family. Moreover, Bangladeshi society and hope to
consistent application of rules. a lack of awareness of certain rights collect data on their justice needs
•• Respect: Respect, politeness, proper also plays a role here. For disputes in the future, through conducting
communication. related to theft, on the other hand, focus group interviews, for example.
•• Procedural clarity: Timely and underreporting is problematic because
accurate explanation of procedures people believe it is simply too costly to
and rights. attempt to legally resolve something22 JUSTICE NEEDS IN BANGLADESH - 2018 23
INTRODUCTION TO JUSTICE NEEDS & SATISFACTION STUDY IN BANGLADESH
1
Literature Review
In order to validate the data and find Family disputes and violence A study7 by the World Bank that uses Problem prevalence, village courts
potential blind spots, a triangulation against women the World Bank Gender Norms Survey and legal aid
workshop was organised in Dhaka (WBGNS) from 2006 (a nationally
with a group of experts, including The Bangladesh Bureau of Statistics representative sample of 3000 women The “Baseline Survey Report on Village
lawyers, researchers and civil society recently published the results of their from two age-groups; 15-25 year- Courts in Bangladesh”8 includes data
organisations. The data triangulation 2015 Violence against Women Survey6. olds and 45-60 year-olds) as well as from a survey of more than 10000
workshop revealed the need to The government of Bangladesh is an additional survey of 1500 male respondents from five different
include findings from similar studies highly committed to eliminating household heads also finds evidence of divisions. It finds a much lower
in the report to supplement our data. violence against women and these a high rate of violence against women problem prevalence than this report
We specifically include information findings are the result of the second within the family. 24% of women in the (19%). However, relative importance
on violence against women (VAW), wave of their VAW survey. More 45-60 age group and 30% of women in of different problem types is similar to
due to the fact that experts in the than 21000 women above the age the 15-25 age group reported to have our findings: The most prevalent justice
triangulation session brought up of 15 were interviewed. Almost two experienced violence by their husbands needs are land disputes (47%) and theft
concerns about underreporting of VAW thirds (73%) of married women have in the past, Even more so, 43% of the (44%). In addition, they also report
in the survey. VAW is a known problem experienced one form of violence by interviewed male household heads low prevalence of disputes between
in Bangladesh, but it is also a sensitive their husband at least once in their reported to have been violent towards husbands and wives (4%).The report
topic that people are often reluctant life, including physical violence, sexual their wives in the past. The report also also states that awareness of village
violence, economic violence, emotional courts is low (23%) and that most
dd
to discuss.
67 Below, we provide a short 6states that about three-fourths of cases
summary of access to justice studies violence and controlling behaviour. In handled by two big legal aid providers people believe that support from legal
that employ a similar approach, i.e. the 12 months preceding the survey, in Bangladesh (BLAST and BRAC HRLS) aid is necessary to seek justice from
using citizen survey data. 50% of married women reported to are family-related, with inheritance village courts.
have experienced physical violence, being a major dispute.
and 27% experienced sexual violence.
Almost three in four women never
reported their experiences to others.
6 8
“Report on Violence Against Women (VAW) Survey 2015”, Bangladesh Bureau of Statistics, 2016 The report is a knowledge output within the project “Activating Village Courts in Bangladesh”.
7 The project was implemented by the Bangladeshi Ministry of Local Government, Rural
“Framing Local Conflict and Justice in Bangladesh”, World Bank Policy Research Working
Development and Cooperatives and supported by UNDP Bangladesh and the European
Pager, 2011 Das & Maru
Union.24 JUSTICE NEEDS IN BANGLADESH - 2018 25
The story of Panna
Panna is a 21-year-old woman from a rural area. She grew up
in a very poor family and got married at age 18. Soon her
husband started to rape and beat her. Moreover, he also
badmouthed her in their community. After Panna’s husband
came home from working abroad for a long period of time,
he accused Panna and her family of stealing gold and other
assets from him. In addition, he demanded money from
Panna’s father, which the father eventually paid. In order
to resolve the situation, Panna consulted local leaders.
They called both parties for village arbitration, but Panna’s
husband did not attend. Finally, Panna sought help from BRAC
HRLS. In arbitrations, her husband was sentenced to pay her
1.13 Lakh BDT. When her husband refused to pay, Panna sued
him in court. Only after the court sentenced him to 2 years of
imprisonment, did he finally pay the money.26 JUSTICE NEEDS IN BANGLADESH - 2018 27
Research The research has been divided in
four different phases:
1. The ‘Project Foundation’ phase
methodology
2. The ‘Research’ phase
3. The ‘Data validation’ phase
4. Report launch
Project Research Data Report &
Foundation Validation Presentation
Background research on the Quantitative data was collected A triangulation workshop was The final report was launched
Bangladeshi judicial system by Nielsen Bangladesh. They organised in Dhaka in November in May 2018. Participants in the
and the local context in which interviewed 6000 randomly 2017 to validate the data with a wide launch included key stakeholders
it operates was conducted. selected adult individuals across range of experts assembled by our from the Bangladeshi justice
Moreover, the research all 8 divisions of Bangladesh local partner BRAC HRLS. This group sector.
instruments were adapted to between August and September of individuals included lawyers,
the local context and language 2017. Additionally, qualitative data representatives of civil society
through pilot testing and the use was collected in the form of 31 organisations and researchers. The
of Bangladeshi expertise. in-depth interviews with users of provided feedback and their insights
justice. are incorporated into this report.Low 36%
28 JUSTICE NEEDS IN BANGLADESH - 2018 29
Medium
27%
INTRODUCTION TO JUSTICE NEEDS & SATISFACTION STUDY IN BANGLADESH
1
Education
7% level
Demographics High
LEVEL OF FORMAL EDUCATION
None 31%
Low 36%
•• The sample consists of 6000 randomly selected adults, Medium 27%
who were interviewed for this study in the period August
to September 2017.
High 7%
•• The respondents are 50% male, 50% female.
•• The average age of respondents is 37.
•• The average household consists of 4.2 people.
•• About 21% of respondents use the internet at least three
OCCUPATION
Occupation
times a week.
Homemaker 51%
I am self-employed 19%
Age & category name Marital status
Youth (18-24) 20% Single, never married 13% Work for an employer 12%
Young adulthood (25-39) 42% Married 82%
Student 8%
Middle adulthood (40-64) 33% Married, but separated 1%
Seniors (65+) 5% Divorced 0%
Unable to work 5%
Monthly household income Widowed 4%
Low (< 5.000 BDT) 10%
Retired 3%
Lower middle (5.000-10.000 BDT) 40%
Middle (10.001-20.000 BDT) 36% Temporarily 2%
unemployed
High (>20.000 BDT) 14%30 JUSTICE NEEDS IN BANGLADESH - 2018 31
INTRODUCTION TO JUSTICE NEEDS & SATISFACTION STUDY IN BANGLADESH
1
•• The study was conducted in all 8 divisions and 64 districts
of Bangladesh. The exact breakdown of respondents per
division is displayed in the table below.
•• The respondents are predominantly from rural settings:
66% of them, compared to 34% from urban settings.
According to the World Bank, 35% of Bangladeshis live in
towns and cities, and 65% live in rural areas9.
Division % number
Barisal 6% 380
Chittagong 19% 1140
Dhaka 25% 1500
Khulna 11% 660
Mymensingh 8% 460
Rajshahi 13% 760
Rangpur 11% 680
Sylhet 7% 420 200-500
150-200
100-150
50-100
20-50
Number of respondents sampled per district
9
data.worldbank.org/indicator/SP.URB.TOTL.IN.ZS?locations=BD32 JUSTICE NEEDS IN BANGLADESH - 2018 33
2
Legal Problems
in Bangladesh
Problem prevalence
Most pressing justice needs
Types of problems
Impact34 JUSTICE NEEDS IN BANGLADESH - 2018 35
Eight out of 10 people in
Introduction Bangladesh experienced
legal problems
We asked people in Bangladesh to tell In this chapter we present the The majority of adult Bangladeshis have encountered one
us about their experiences with legal prevalence, severity of the impact, or more legal problem during the past four years. The
problems during the past four years. and the types of consequence of the figure implies that approximately 31 million people10
Based on previous research, we have legal problems people reported. We experience a legal problem every year.
identified 99 specific problems that disaggregate the results based on
people can resolve through access to gender, location, household income,
the justice sector. The list of problems and level of education where relevant.
has been adapted to the Bangladeshi We also analyse who the other party Experienced
EXPERIENCEDaAlegal
LEGAL problem
PROBLEM
context through collaboration with in the dispute was and the expected
local legal and social science experts. outcomes people hope to achieve.
We aggregate these problems into
16 categories:
No 19%
Land Housing Neighbours Employment
Yes 81%
Family Children Social welfare Public services
Accidents/
Crime Consumption Money
Personal injury
Business Corruption
Obtaining ID Police related
related related 10
This estimate is based on the total adult population (15+) in
documents problems
problems problems Bangladesh of 116 million. Source: World Bank - Population ages
15-64 ; World Bank - Population ages 65 and above36 JUSTICE NEEDS IN BANGLADESH - 2018 37
LEGAL PROBLEMS IN BANGLADESH
2
The prevalence varies per division. It is 84% for those without formal
The lowest rate is found in Dhaka education and 74% for individuals with
(74%) and the highest rates are found a high level of formal education. For
in Rangpur (96%) and Khulna (92%). the low-income group (20.000 BDT) the figure is 78%.
Experienced a legal problem:
prevalence of legal problems.
The Netherlands: 55%
Ukraine: 53%
Lebanon: 68%
Tunisia: 41%
Mali: 31%
Yemen: 94%
Uganda: 88%
90%-100%
Kenya: 63% 80%-90%
70%-80%
60%-70%
50%-60%
Prevalence rate per division38 JUSTICE NEEDS IN BANGLADESH - 2018 39
LEGAL PROBLEMS IN BANGLADESH
Neighbour disputes
2
Substantial co-occurrence the most commonly
of legal problems Number of legal problems
occurring legal problem
The people of Bangladesh have •• People without formal education People were asked to identify up to MOST PREVALENT LEGAL legal
Most prevalent PROBLEMS
problems
experienced, on average, 2.1 legal (2.3) or with a high level of formal 10 legal problems they experienced
problems in the four-year timeframe. education (2.5) face a higher degree during the past four years.
There are differences in the co- of co-occurrence than those with a
occurrence of legal problems based low or medium (2.0 each) level of Land disputes and conflicts with
neighbours are distinct categories Neighbours 40%
on level of formal education, age and education.
division. in this study. Land disputes refer
•• Seniors (65+) have an average of 2.3
specifically to legal problems related Land 29%
legal problems.
to land, regardless of the involvement
•• Dhaka has the lowest degree of co- of a neighbour. Neighbour problems,
occurrence (1.6) Mymensingh (2.4), Crime 21%
as defined in this study, do not
Khulna (2.6) and Rangpur (3.1) have directly refer to any issues around
the highest rates. land. Instead, these dispute revolve Family 12%
around, among others, excessive
noise from a neighbour, disputes Money 12%
AVERAGE NUMBER OF LEGAL PROBLEMS EXPERIENCED over repairs of shared amenities and
harassment between neighbours. The
two categories of legal problems can, Social welfare 11%
and very frequently do, co-occur, but it
is important to keep in mind that they Consumer problem 9%
2.1 2.1 represent separate categories of legal
problems.
Accidents/Personal 8%
1.5 injury
1.2
Bangladesh Uganda Kenya Lebanon40 JUSTICE NEEDS IN BANGLADESH - 2018 41
LEGAL PROBLEMS IN BANGLADESH
Legal problems around
2
land disputes considered
to be most serious
•• Men (32%) are more likely to •• Age is a factor in land and social
encounter a land problem than welfare problems. Seniors (65+) are
women (26%). more likely to experience land (42%)
•• The high-income group (>20.000 and social welfare problems (17%).
BDT) is less likely to encounter Young people (18-24) are least
We also asked people to identify
neighbour disputes (32%), but likely to experience these two legal
which of the legal problems they
experiences crime (29%) more problems, at 23% for land and 10%
encountered they considered to be the
often and encounters slightly more for social welfare.
most serious.
consumer problems (12%). The •• Neighbour disputes are particularly
low-income group (42 JUSTICE NEEDS IN BANGLADESH - 2018 43
LEGAL PROBLEMS IN BANGLADESH
2
The three most serious legal problems account for 60% of the legal problems •• Land and neighbour related •• For seniors (65+), land disputes are
indicated as most serious. Land conflicts, neighbour disputes and crime are clearly disputes are considered to be the considered to be the most serious
important issues that affect a large proportion of the population. most serious legal problem less by far (37%). Young people (18-24)
frequently as the level of formal are more likely to consider crime
The infographic below shows the estimated number of people in Bangladesh education increases. For crime, the their most serious problem category
affected by the three most serious legal problems per year. opposite occurs, as more individuals (17%).
with a higher level of formal •• In the Barisal (34%) and
education report it as the most Mymensingh (31%) divisions, land
PROBLEM CATEGORY PEOPLE AFFECTED PER YEAR
serious legal problem. problems are considered to be the
•• The high-income group (>20.000 most serious by the majority. In
BDT) is less likely to consider Khulna (30%) and Rajshahi (30%),
neighbour disputes as the most this is the case for neighbour
Land 8.0 million serious. However, they are more disputes. For inhabitants of Dhaka
than twice as likely (19% versus (18%) and Sylhet (17%), crime is
8%) to consider crime related legal the second most serious problem.
problems as the most serious, Lastly, social welfare issues are a
compared to the low-income group major concern in Sylhet (11%).
Neighbours 6.8 million (44 JUSTICE NEEDS IN BANGLADESH - 2018 45
The story of Josna
Josna is a 24-year-old woman. After getting married,
her mother in law suggested she should engage
in prostitution at her and her husband’s house.
Her husband was aware of this. Josna would later
learn that the family had been in the business of
prostitution for a long time. When Josna refused
to prostitute herself, her mother in law made her
leave the house and return to her family. Even at
her family’s house, Josna would regularly get sent
“customers”, who she rejected every time. Josna did
not report her problem to the police, because she
believed that she would have to pay a lot of money
there. A local BRAC officer then referred her to HRLS.
They helped her connect to a lawyer and file a lawsuit
for her dower and maintenance costs. The judgement
came out in her favour, but she still needs to go
through additional procedures to enforce it.46 JUSTICE NEEDS IN BANGLADESH - 2018 47
LEGAL PROBLEMS IN BANGLADESH
2
The most common opposing
party is a neighbour
The 16 problem categories are comprised of 99 different individual legal problems.
The graph below shows the top ten.
MOST SERIOUS SPECIFIC LEGAL PROBLEMS
Most serious specific legal problem COMMON OPPOSING PARTIES Common opposing parties
Theft 9% Neighbour 44%
Disputes over use of land 7% Family member 14%
Threats, harassment or violence Stranger 13%
between neighbours 6%
Public authority 7%
Land grabbing (land taken by powerful (e.g. municipality, UP chair)
corporations or individuals) 6%
Other 4%
Other disputes between neighbours 6%
Employer 3%
Disputes related to animals owned 5%
or kept by neighbours
Disputes over land titles and ownership 4%
The most common opposing party •• A stranger is the most common
Disputes over boundaries or right 4% differs per type of legal problem: opposing party in crime (50%) and
of way or access to property
•• A neighbour is the most common accidents/personal injury (40%).
Disputes over lending money 3% opposing party for conflicts with •• A public authority, such as the
neighbours (92%), land disputes municipality or the UP chairman, is
(59%), housing related problems the most common opposing party
Disputes over depositing of trash 3% (51%) and money issues (48%). in social welfare disputes (47%). A
•• A family member is the most public authority also plays a major
common opposing party in family role in the less common legal
related problems (76%), and is also problems related to public services
common in land disputes (22%). (71%) and obtaining ID documents
(54%).48 JUSTICE NEEDS IN BANGLADESH - 2018 49
LEGAL PROBLEMS IN BANGLADESH
2
Expectations differ per
type of legal problem
WHAT DID YOU EXPECT TO ACHIEVE?
What did you expect to achieve? Expectations differ strongly per type of
legal problem:
•• Improving the relationship is the
Improving relationship 41% most commonly expected outcome
in family related problems (76%) and
Punishing someone
for wrongdoing 36% neighbour disputes (68%).
•• Punishing someone for wrongdoing
Recovering property 34% is the most commonly expected
outcome in accidents/personal
28% injury related legal problems (50%).
Receiving apology
•• Recovering property is the most
commonly expected outcome in
Realising/exercising rights 26%
land disputes (87%) and crimes
(59%).
Recovering money 20% •• Realising/exercising rights is the
most commonly expected outcome
Obtaining ID document or ID 3% in social welfare disputes (75%). It is
also the most commonly expected
outcome in the less common legal
problems related to public services
(76%) and employment disputes
(45%).50 JUSTICE NEEDS IN BANGLADESH - 2018 51
LEGAL PROBLEMS IN BANGLADESH
2
Legal problems have
a strong
How did theimpact onyour life?
problem affect
vulnerable groups
HOW DID THE PROBLEM AFFECT YOUR LIFE?
34%
28%
•• There a major difference between •• For seniors (65+), the negative effect
problem types: is severe more often than for other
xx Land disputes are very impactful; age groups, at 23%.
16% 66% indicate very much or severe. •• For people without formal
13% xx Neighbour disputes are far less education, the negative effect is
impactful; 17% indicate very severe slightly more often than for
much or severe. more highly educated individuals, at
8%
20%.
xx The other prevalent problems are
close to the average. •• People residing in the Barisal (52%),
Khulna (51%) and Rangpur (51%)
•• For the low-income group (52 JUSTICE NEEDS IN BANGLADESH - 2018 53
LEGAL PROBLEMS IN BANGLADESH
2
Legal problems have
multiple consequences for
people; personal injury
stands out
Have you experienved....?•• Personal injury is the most common
People report an average of DID YOU EXPERIENCE...?
2.5 consequences of their legal consequence of experiencing a
problem. For people in the low- legal problem in Bangladesh.
income group (54 JUSTICE NEEDS IN BANGLADESH - 2018 55
Conclusion
81%
Legal problems are a common Individuals in the low-income group
occurrence in Bangladesh, with 81% of (56 JUSTICE NEEDS IN BANGLADESH - 2018 57
3
Access to Legal
Information and
Advice
Sources of legal information and advice
Most helpful sources
Reasons for not seeking information58 JUSTICE NEEDS IN BANGLADESH - 2018 59
Introduction
Seeking legal information and advice is Men are slightly more active in However, people are more or less active in seeking legal information and advice
a crucial first step in a justice journey. searching for legal information and given the type of problem they experience and the division they live in.
59% of people who experience a legal advice than women (61% versus 57%).
problem take steps to seek legal Age, formal education level, household
information and advice. This implies income or living in rural or urban areas LIKELIHOOD OF SEEKING LEGAL INFORMATION AND ADVICE
that, every year, 18 million people does not substantially affect people’s FOR THE FIVE MOST SERIOUS PROBLEMS
seek legal information and advice, likelihood to seek information and
while 13 million do not. advice.
Problem category Sought legal information & advice
Land 81%
HAVE YOU SOUGHT INFORMATION OR
ADVICE TO RESOLVE THE PROBLEM? Money 64%
41% Family 58%
No
Crime 46%
Neighbour 45%
59%
Yes
A large percentage of people do not people and that the messages are
seek legal information and advice not reaching them. One of the key
when faced with a legal problem. In problems identified is the rigid legal
the triangulation workshop, it was aid system that is resistant to change.
suggested that the government has This makes it difficult to innovate legal
been investing quite heavily in legal aid to a substantial degree. However,
INTERNATIONAL COMPARISON - SOUGHT aid and there was surprise among it is important to keep in mind that
LEGAL INFORMATION AND ADVICE: the participants about the number of among people who do seek legal
people who do not seek information. information and advice, only very few
Kenya 75% There was general acknowledgement rely on legal aid.
Uganda 65% of a lack of awareness among
Lebanon 58%60 JUSTICE NEEDS IN BANGLADESH - 2018 61
LEGAL INFORMATION & ADVICE
3
Multiple sources contacted
When people seek legal information people in Barisal consult 3.2 sources on
and advice, they contact an average average. Of the top 5 problems, people
of 2.6 different sources. There are consult the most sources when they
no substantial differences between face a land problem (3.3) and the least
gender, age, formal education level sources after experiencing a crime
and household income. Regions, (2.3).
however, play a role. In Sylhet, people
consult 1.8 sources on average, while
SOURCES OF LEGAL INFORMATION AND ADVICE
INCLUDED IN THE STUDY
Social network Institution
Friend(s) Local public authority
80%-90% Colleague(s) Central public authority
70%-80% Neighbour(s) Lawyer
60%-70% Relative(s) NGO
50%-60%
Religious leader(s) The police
40%-50%
Community leader Civil society organisation
Political figure(s) Shalish
Percentage of people seeking legal
information and advice per division
Employer62 JUSTICE NEEDS IN BANGLADESH - 2018 63
LEGAL INFORMATION & ADVICE
Have you experienved....?
3
Social network more CONSULT
SOCIAL NETWORK
CONSULT
INSTITUTION
frequently consulted Land 74% 62%
than institutions Neighbour 43% 20%
Crime 42% 21%
Among all people who seek legal levels, formal education level or age.
information and advice, 92% consult However, there is substantial variation Family 55% 26%
at least one person from their social across problem types and divisions.
network, such as family and friends. People who experience a land
56% consult at least one institutional dispute are particularly likely to seek Money 62% 22%
source. 48% consulted both sources information and advice from multiple
of information. There is no substantial sources.
difference between genders, income
While the likelihood of seeking legal information and advice from the social
network is fairly high in all divisions, consulting institutional sources varies
considerably across divisions. Residents of Barisal have the highest likelihood of
consulting institutions (74%), while those residing in Chittagong (44%) and Sylhet
are least likely to do so (42%).64 JUSTICE NEEDS IN BANGLADESH - 2018 65
LEGAL INFORMATION & ADVICE
3
Social circle, community leaders and local TOP SOURCES OF LEGAL INFORMATION AND ADVICE
public authorities most frequently consulted SOCIAL NETWORK
Relative 50%
DID YOU SEEK INFORMATION AND ADVICE? Neighbour 47%
Community leader 40%
Friend 19%
59%
Yes
41% INSTITUTIONS
No No
Yes
Local public authority 35%
Shalish 21%
Police 13%
Lawyer 12%
Did not take action
The percentages in the graphs above from one’s social circle and local public
reflect the sources used by people authorities. Professional institutions
who actually sought legal information such as the police, lawyers and courts
and advice. Hence, 59% seek legal are rarely used. Community leaders,
information and advice and of that neighbours and the Shalish are
group, 50% consult a relative. The consulted more often by lower income
most frequently consulted sources groups than higher income groups.
of information and advice are people66 JUSTICE NEEDS IN BANGLADESH - 2018 67
LEGAL INFORMATION & ADVICE
3
Institutions considered RELATIVE HELPFULNESS Relative helpfulness
more helpful than social Lawyer 62%
network Local public authority 46%
Relative 43%
We asked people to identify which Disaggregating by income and
source of legal information and advice formal education levels reveals that Neighbour 42%
they considered to be most helpful. neighbours are considered more
This allows us to calculate the relative helpful by Bangladeshis with a lower Community leader 36%
helpfulness of each source, i.e. the level of formal education and/or
percentage of people that deemed income. People with a higher level of
a specific source most helpful after formal education and/or income view The police 30%
having used it. The results show the police and friends as more helpful
that lawyers are considered to be than average. Friend 21%
particularly helpful, despite only being
used by a small percentage of people.
Shalish 20%68 JUSTICE NEEDS IN BANGLADESH - 2018 69
LEGAL INFORMATION & ADVICE
3
High level of satisfaction Public sources of legal
with information & advice information & advice
largely unused
We asked people whether they public sources. This varies slightly
HOW SATISFIED ARE YOU WITH utilised publicly available sources of across divisions, with Dhaka having the
How
THE satisfied are
INFORMATION YOUyou with the information you received?
RECEIVED? information, such as TV, magazines, highest percentage of people using
or the Internet. These are typically public sources (11%) and Chittagong
fixed pieces of information that are having the lowest percentage (1%). The
available to all at some monetary cost. most frequently used public sources
Only 6% of respondents seek legal of information are newspapers, closely
7% information and advice from these followed by television.
14%
9%
Very Satisfied
Satisfied
Neither dissatisfied nor satisfied
24% Dissatisfied
Very dissatisfied
46%
There are no substantial differences in how satisfied people are with the legal
information and advice they receive between genders, ages, types of problems,
living areas or income levels.70 JUSTICE NEEDS IN BANGLADESH - 2018 71
LEGAL INFORMATION & ADVICE
3
Barriers to seeking legal
information & advice
WHY DID YOU NOT SEEK LEGAL •• People with a higher level of
INFORMATION AND ADVICE? formal education and/or income
Why did you not seek legal for information & advice?
are less likely to indicate not
knowing where to look for legal
Did not believe advice information and advice or a lack of
would help me 48% money.
•• Hopelessness, in the sense of not
believing that advice would help,
Did not have time 30% is equally prevalent among all age,
income, education and gender
groups.
Did not know where
to look for advice 24% •• Not knowing where to look
is particularly prevalent in
Mymensingh and Sylhet (41%
Did not have enough money 11% each).
•• Not believing advice would help is
most pressing in Barisal (77%) and
Tried to obtain advice but Khulna (67%).
was not able to obtain it 9%
Refuse to answer 14%
0 10 20 30 40 5072 JUSTICE NEEDS IN BANGLADESH - 2018 73
LEGAL INFORMATION & ADVICE
3
Conclusion
Six out of ten people in Bangladesh often than institutions. In general,
seek legal information and advice Bangladeshis consult sources that
for their legal problem. The nature are located close to them: Relatives,
of the legal dispute and the location neighbours, community leaders and
where people live play a substantial local public authorities. The biggest
role in how frequently they seek barrier to seeking information and
legal information and advice. While advice is that people do not believe
the percentage of Bangladeshis who that it would help them. Not having
look for legal information and advice time and not knowing where to look for
is not very high overall, they consult information are also common barriers.
many different sources when they do. There are again substantial differences
The social network is consulted more between the divisions of Bangladesh.
Six out of 10
Bangladeshi seek
legal information
and advice for their
legal problemYou can also read
