C O N STIT U TIO N A L L AW AND AC C ES S TO J UST IC E Legal Aid Services Act, 2000 (as amended up to 2013) Legal Aid Provision Policy, 2014 Legal Aid (Provision) Regulations, 2015 Provision of Legal Aid (Legal Advice and Alternative Dispute Resolution) Rules, 2015 S UMMARY Provides for the granting of legal aid to destitute litigants, and the establishment of the National Legal Aid Services Organization (NLASO), which facilitates access to justice for persons “incapable of seeking justice due to financial insolvency, destitution, helplessness and for various socio-economic conditions.” The NLASO provides services through Legal Aid Committees at the district, upazila, and union levels. AP PL ICAB IL IT Y TO RO H I NGYA The Act and corresponding Rules contain no indication of jurisdiction. The eligibility requirements (as defined by the Legal Aid Provision Policy 2014) stipulate a number of circumstances that are explicitly applicable to Rohingya, including “(e) any person belonging to a small ethnic group or community,” and “(m) a person unable to establish rights or defend himself in court due to financial difficulties.” Therefore, Rohingya in Bangladesh are covered by this Act and its Rules.12 Neither the Regulations nor Rules appear to limit the applicability of legal aid services towards Rohingya applicants. The Rules state that legal aid service providers should, when appropriate, recommend alternative dispute resolution (ADR) over litigation, to which the applicant must agree. P ROTECTIO N N OT ES The Rohingya community should have access to protection under this Act, which includes legal advice and coverage of expenses for lawyers in both civil and criminal cases. Rohingya should be classified as qualifying “litigants who are incapable of seeking justice due to financial insolvency, destitution, helplessness and for various socio-economic conditions.” As per Section 16, Rohingya should enjoy the right to file an application for legal aid, and if rejected, have the right to appeal within 60 days. Such applications should be permitted to the District Legal Aid Committee as well as other relevant Committees. A person accused of crimes who does not have legal assistance, nor sufficient means to pay for such assistance, should be assigned legal assistance free of charge. 11 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH