Doing legal empowerment differently: Learning from pro-poor litigation in Bangladesh

Marginalised groups and their allies can, and do, use the law and justice systems, including public interest litigation, to improve their access to rights, goods and services.  Yet there is no automatic link between legal action and improved outcomes for poor people.  Where some minimum conditions are met – a progressive legal framework, a sympathetic judiciary and legal advocacy organisation – pro-poor litigation is a potential tool in disputes over rights and resources.  But concrete benefits for poor people also requires state action to enforce progressive rulings.  Much depends on whether claimants, legal activists and state reformers cooperate around shared interests, and whether activists can negotiate power and interest structures to motivate government action to implement rulings.  Effective strategies are those that link litigation with grassroots legal action and other forms of political and social activism and advocacy.  Donors need to fund legal advocacy organisations in ways that enable them to select social issues that are locally relevant and political feasible – and allows activists and reformers to work in politically smart and adaptive ways.