Assignment Name: Baseline Study of Activating Village Courts in Bangladesh Phase II (Chittagong Hill Tracts Part)

Country: Bangladesh

Client Name: United Nations Development Programme (UNDP)

The “Activating Village Courts in Bangladesh (AVCB) Phase II” project, implemented by the Local Government Division (LGD) with support from the European Union (EU), UNDP, and the Government of Bangladesh, aimed to enhance access to justice for disadvantaged and marginalized groups, particularly in rural areas. Building on the success of the first phase, the second phase focused on strengthening village courts and local justice mechanisms, with special attention to the Chittagong Hill Tracts (CHT), where unique dual justice systems operate.

The project sought to empower local communities, particularly women, the poor, and vulnerable groups, by improving their access to affordable, transparent, and efficient legal services. The SID-CHT component specifically addressed the distinctive legal framework in the CHT by enhancing the capacity of traditional leaders, improving court facilities, and bolstering the overall justice delivery system, ensuring alignment with local customs and statutory requirements.

The baseline study was conducted to establish benchmarks for key indicators related to the knowledge, attitudes, and perceptions of communities and service providers about traditional justice systems, the performance of courts, justice-seeking behaviors, women’s empowerment, and communal harmony. The findings provided critical insights to guide project interventions, strengthen local justice mechanisms, and improve access to justice for all, contributing to social harmony and security in the region.

The study covered nine upazilas in three districts of CHT: Bandarban, Khagrachhari, and Rangamati. It provided baseline information on the effectiveness of traditional courts (Karbari and Headman Courts) and the potential of village courts to resolve local disputes efficiently and equitably. Emphasis was placed on understanding gender inclusivity, communal harmony, and the socio-economic barriers to justice. The findings supported strengthening the traditional justice mechanisms while piloting village court systems in 15 unions of CHT, providing actionable insights to enhance legal services in rural and semi-urban communities.

Objectives of the assignment:

The overall objective of the study was to collect baseline information of the project’s key indicators. The study focused on following areas:

• Knowledge, attitude and perception of community and service providers (traditional leaders Karbari, Headman and other leaders and UP representatives) about traditional justice delivery system and its function
• Performance of existing traditional justice system (Karbari courts, Headman courts, Circle courts, etc.)
• Justice seeking behavior of community peoples/ the status of access to justice system and justice needs
• Women empowerment
• Beneficiary’s perception level on trust and communal harmony
• Beneficiary’s perception level on sense of security

The study team conducted the following key activities to achieve the assignment objectives:

Study Area Selection:

• Covered nine upazilas across Bandarban, Khagrachhari, and Rangamati districts, selecting 40 Union Parishads (UPs) and six wards of Pourashavas based on geographical diversity, ethnic composition, and justice needs.

Data Collection and Analysis:

• Conducted 2,691 quantitative surveys with community members, traditional leaders (Headmen and Karbaris), and UP Chairpersons to assess knowledge, attitudes, and perceptions.
• Held 31 FGDs with community members, service recipients, and service providers to explore justice-seeking behaviors and the role of traditional courts.
• Conducted four KIIs with Deputy Commissioners and Circle Chiefs to understand the institutional and operational challenges of traditional and village courts.

Performance Evaluation:

• Assessed the effectiveness of traditional justice systems in resolving disputes such as land conflicts, family issues, and anti-social activities.
• Evaluated village courts’ potential to address petty criminal and civil cases, providing a cost-effective and timely justice mechanism.

Gender and Social Inclusion:

• Analyzed the participation of women in decision-making processes and as complainants, finding that women represented 36% of complaints and 21% of jury members in traditional courts.
• Recommended gender-sensitive approaches to enhance women’s access to justice and participation in judicial systems.

Capacity Building and Recommendations:

• Identified gaps in training, documentation, and logistical support for traditional leaders and village court members.
• Provided recommendations for strengthening the institutional framework of traditional and village courts, including enhanced documentation practices and capacity development for traditional leaders.

Reporting and Validation:

• Delivered a detailed baseline report, including SWOT analysis, performance metrics, and actionable insights for improving justice delivery systems.
• Validated findings through stakeholder workshops, ensuring alignment with project goals and community needs.
• Prepared infographics and slide decks based on the findings of the study.

This baseline study provided critical insights for the AVCB Phase-II, enabling targeted interventions to improve access to justice and enhance the effectiveness of local and traditional judicial systems in the Chittagong Hill Tracts.