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BLAST - Dhaka - Bangladesh

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Bangladesh Legal Aid and Services Trust (BLAST)
1/1 Pioneer Road| YMCA Development Center | Kakrail | Dhaka-1000
T: +88-02-8391970-2/ 8317185 | F: +88-02-8391973
E: mail@blast.org.bd | W: www.blast.org.bd |
  https://www.facebook.com/BLASTBangladesh/info

I. SUMMARY
This report summarizes the activities carried out by BLAST based on the contribution of Euro 10,000 equivalent to Tk 10,42,944 received from Moments of Joy as part of its core budget for 2013.
The funds were deployed for the management and operations of one of BLAST’s legal aid clinics, based in an urban slum in Gopibagh, Dhaka, during the period, January to December 2013. This included activities related to legal education and awareness for women, men and children living in the slum, on legal rights and remedies, direct legal services, in the form of advice, referrals, mediation and litigation and staff capacity building.
II. CONTEXT AND BACKGROUND
Bangladesh is still a predominantly rural country, but its urban population is rising fast. Some 12 million people live in the capital, Dhaka, a number that is projected to grow to 22 million by 2015 (World Bank, 2007:101). An estimated one-third of the city’s population lives in slums (Centre for Urban Studies, 2006).
A recent Brooks World Poverty Institute report shows that the intensity of poverty (in various dimensions) is exceptional in urban slums, where as many as 35% of the population live. Slum dwellers typically lack access to basic public services such as water, sanitation, electricity, and drains, and live in very cramped conditions and face constant threat of eviction resulting in insecurity. Women in urban areas also feel less safe, with research showing that urban women are half as likely as those in rural areas to feel safe in the community. The people who live in slums are generally lacking in wealth, power and social connections and are under-served by both government and non-government organizations, whose focus has traditionally been on rural development. This apparent oversight means that development of living conditions in the slums has been near to non-existent with the consequence that these slums are replete with violence and rights violations of its inhabitants, with women and girls in the slum being the most vulnerable.
This situation is compounded by the constraints to accessing rights caused by the overarching context of poverty, severe backlogs, endemic corruption and distance hampering access to justice. These factors limit access to justice for the majority in practice and make the formal justice system largely inaccessible to them. They also further contribute to a systemic bias in favour of the powerful, the wealthy and the vested social and political interest groups. Informal traditional justice systems, such as the ‘shalish’, while readily accessible, subscribe to traditional value systems. These values endorse patriarchal and religious hierarchies and fail to comply with minimal human rights norms, including that of participation. Thus, the scope for the powerless to obtain remedies in both the formal and informal system is severely limited.
The Gopibagh legal aid clinic aims to facilitate access to justice, both in the formal and informal systems for urban slum dwellers. This is done through a comprehensive legal services delivery model, whereby legal awareness and education activities are conducted on the demand side and legal advice, representation and referrals are provided on the supply side.  
III. STAFFING AND MANAGMENT
The staff in the Clinic include one clinic coordinator, one legal facilitator, one awareness worker and one program support staff. On the demand side, staff conduct awareness raising and training programs. They refer clients requiring direct legal aid to the Head Office. Most BLAST clients receive legal representation from a panel of pro bono lawyers who represent clients on the basis of a nominal honorarium provided by BLAST. Other program- and administration-related support is also provided by Head Office staff. Lastly, support is also drawn from interns and student volunteers who work from the Head Office and visit the clinics as and when necessary.
IV. ACTIVITIES
1. MEDIATION
1.1 Number of Applications dealt with:
During the reporting period (Jan-Dec 2013), the Gopibagh Clinic received a total of 155 applications. There were 268 applications pending for disposal from the previous year. Accordingly the total number of applications dealt with was 423.
Out of the 423 applications, 104 were processed through mediation. Out of the remaining applications, 12 were sent through the Head Office to the Dhaka Unit office for resolution through litigation. At the end of the year, 226 applications still remain pending for mediation and 81 applications were considered, processed and/or rejected. 
Table 1: Mediation Applications, Gopibagh Legal Aid Clinic, 2013
Description No.
Pending applications from 2012 268
Applications received in 2013  155
Total applications  under consideration in 2013 423
Applications considered
Applications not processed and rejected 81
Applications resolved through mediation 104
Applications sent to Head/ Unit Office for litigation 12
Applications pending for mediation at end 2013 226
The disputes settled via mediation were in relation to mainly family matters dealing with, maintenance, dower, custody, second marriages, land issues and tenancy related matters.
1.2 Gender Ratio of Clients (Mediation) 2013
During the reporting period, 94% of the total applications for legal aid were submitted by women or girls, 6% were submitted by men. A percentage of 93.7% of the total applications settled through mediation were in favour of women and 6.7 % of the total was settled in favour of men.  The table below graphically represents the data.

Table 2: Gender Ratio of Clients (Mediation)
Description No.
Applications received from women 147 (94%)
Applications received from men  8 (6%)
Total no. of applications received in the reporting period 155
Settled mediations 
Settled on behalf of men 7 (6.7%)
Settled on behalf of women 97(93.2%)
Total no. of applications settled  104
1.3 Nature of the applications
The nature of the claims of the applications which have been settled though mediations included family matters, polygamy, demands for dowry and land matters. Of the 104 applications settled by mediation 53 % (56) were on family matters including maintenance, dower, child custody, second marriages by husbands, land issues, and tenancy related matters, 10.6 % (11) were related to second marriages by husbands, 32.7 % (34) were related to demands for dowry by husbands, and the remaining 2.9% (three) were in relation to land matters.
Description No.
Family matters  56 (53%)
Polygamy  11 (10.6%)
Demands for dowry 34 (32.7%)
Land matters  3 (2.9%)
1.4 Money Recovered through Mediation
BLAST’s clients recovered BDT 4,72,100 (4383 Euros) through the 84 mediations which were concluded.
1.5 Targets and Achievements in Mediation
The following table indicates the targets set and achievements secured with respect to mediation during the reporting period:

The above figures indicate that 87% of the target was achieved during the reporting period. The shortfall in meeting the targets was due to the continuing lack of availability of experienced and trained staff with expertise in mediation and also continuous political instability across country disrupting movement and consequently in holding mediation sessions. To achieve the targets set while assuring quality, BLAST needs at least one (1) skilled, trained and dedicated member of staff to be responsible for mediation in every unit, and has been actively fund-raising to meet this priority.
Outputs/Results
a) Promoting the use of alternative dispute resolution mechanisms
We continue to successfully mediate different types of disputes, including family matters relating to recovery of dower and maintenance, or prevention of second marriages without consent of the wife, dowry demands, small claims, employment-related issues, and, perhaps the most intractable, land disputes. Our client through obtaining our mediation services, can make huge savings with respect to both the cost and time involved in resolving their disputes.
b) Number of beneficiaries:  208 (104 x 2) Direct and 13,150 Indirect
We successfully settled claims in 104 mediations. We estimate that our services benefitted 208 (104 x 2) direct beneficiaries and 2080 (104 x 10) indirect beneficiaries (including children and other family members).  In 97(93.2%) of 104 mediations, the clients were women.
2. NETWORKING AND COORDINATION:
Our partnerships and alliances with local organisations, including NGOs and others has increased the capacity of people living in Gopibagh slum, especially women, to seek remedies for injustice.
2.1 Ensure networking and relations with other organizations, Panel Lawyers and former clients:
a) In the reporting period, BLAST organised twelve (12) courtyard meetings in the Gopibagh slum against a target of twelve (12) through the Gopibagh Legal Aid Clinic. The number of men and women who participated in these meetings were 73 and 467, respectively. These sessions were organised and hosted by the clinic staff members for the benefit of the community people to enable them to seek legal advice and/or receive greater clarifications on matters discussed at the weekly awareness meetings.
2.2 Mechanisms and systems for working with government, partners and supporters have contributed to the establishment of pro-poor services
BLAST strengthened its networking and alliance building at the local, national, regional and international levels, with NGOs, civil society groups, local government bodies, professional groups and other concerned networks and alliances, on issues and campaigns related to access to justice, judicial, police and prison reform and safeguarding the rights of poor and marginalized men, women and children.
BLAST actively provided assistance to the Victim Support Centres (VSC) set up by the joint initiative of the Bangladesh Police and 10 NGOs in Dhaka City (at the Tejgaon Office). Its general mandate is to address the issue of violence against women pervasive in Bangladesh. To this end it provides integrated services such as advice, medical help, legal assistance and related guidance to enable women and children victims and survivors of violence to access justice. It also has an Investigation Unit which investigates and coordinates cases related to women and children. In order to facilitate their objectives, BLAST staff from the Gopibagh Legal Aid Clinic provided legal aid and legal counselling services once a week, and dealt with a variety of complaints. The complaints dealt with related to missing children, family matters and various forms of violence against women.












Fig 2: General Meeting on Legal Awareness
3. TRAININGS
Weekly rights awareness trainings were held for members of the local community in Gopibagh. These focus on legal rights relating to family law (marriage, divorce, dower, maintenance, guardianship) and criminal law (remedies for child marriage, polygamy, dowry demands, domestic violence, safeguards to personal liberty, freedom from arbitrary arrest and torture).
3.1 Rights Awareness Training by Gopibagh Legal Aid Clinic
• A total of 36 weekly rightly awareness trainings were held for members of the local community in Gopibagh on legal rights, focused on family law (marriage, divorce, dower, maintenance, guardianship) and criminal law (remedies for child marriage, polygamy, dowry demands, domestic violence) as well as fundamental rights (safeguards to personal liberty, freedom from arbitrary arrest and torture). The trainings were conducted by Advocate Masuda Rehana Begum, Coordinator of the Gopibagh Clinic, assisted by Ms. Rubina Yasmin, and Ms. Shyamoli Borua, Legal Facilitators. A total of 1085 participants took part in those trainings. Among them 1020 were women or girls and 65 were men or boys.
• A total of twelve (12) rights awareness sessions were held in monthly courtyard meetings in the local community in various urban slum areas, namely Gopibagh, Dhalpur, Maniknagar, Kajirbag, Golapbagh, and Manda. These focused on family laws, labour laws, remedies for domestic violence, and criminal law. A total of 540 (five hundred and forty) participants took part in those programmes. Among them 467 were women or girls and 73 were men or boys.
• A total of eight (08) awareness trainings were held with permanent group members (active and vocal participants of the weekly awareness trainings). These focused on legal rights, family laws (marriage, divorce, dower, maintenance, guardianship etc.) and criminal laws (child marriage, polygamy, remedies for dowry, domestic violence, safeguards regarding arrest, freedom from arbitrary arrest and torture). A total of 189 participants took part in those trainings. Among them 164 were women or girls and 25 were male.
• Door-to-door awareness programmes were carried out by the awareness worker who visited from home to home within the slum and gave legal advice.










Fig 1. Weekly Awareness Meeting


ANNEX 1
CASE STUDIES
1. Amena has her marital relationship restored
The applicant Amena * married Rustam in the 1999 under Muslim personal law. They  had three children together. After twelve years of marriage, they started facing conflicts. Rustam started pressuring Amena to bring dowry from her parents’ and subjected her to physical violence when she was not able to comply. Rustam suddenly left the matrimonial house and completely stopped all contact with his family. He refused to financially maintain his wife or children. He later informed Amena through relatives that he was not willing to continue the marriage and would not return to Dhaka. Under these circumstances, Amena applied for legal aid to the Gopibagh clinic to have the matter resolved through mediation as she wanted her marital relationship to be restored. This was despite her having earlier lodged a complaint with the  police for physical violence. On 24 March 2014, BLAST hosted a mediation meeting between Amena and Rustom at the clinic.

They reached an amicable settlement and decided to continue their marital life, a decision, considering in particular the future of their children. The settlement was conditioned on the promise that Rustam would not make any more demands for dowry or attempt to enforce them by mental and physical violence. Follow up with the parties confirmed that both the parties are now leaving together peacefully.

2. Madhuri receives quick financial settlement
Madhuri approached the legal aid clinic on 22 April 2014 after facing marital difficulties, and sought assistance in reaching an amicable settlement between herself, her husband and his family. Madhuri married Subrata in accordance with Hindu law in 2004. She was harassed and vilified by Subrata and his family members after she had two stillbirths. They wanted Subrata to abandon Madhuri and remarry.

At a mediation meeting organised at the Gopibagh clinic, at Madhuri’s request, the parties mutually agreed to separate. Madhuri received from Subrata the value of the gifts that were made to him during and in the course of their marriage which amounted to Taka 50,000. The settlement was conditioned on Madhuri’s promise that she would not initiate any other legal proceedings. In a later follow up it was found that Madhuri was saving the amount received through the mediation settlement in her bank account.