for it.” The government is the guarantor of counsel’s competence with the implication that the government must also ensure the availability of adequate funding for legal aid services. The 2012 United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems provide guidance for the delivery of all legal aid, including the principles of fairness, equality before the law and non-discrimination.17 The right to legal aid is recognised in Principle 1. Legal aid provides a foundation for the enjoyment of other rights. The availability and quality of legal assistance, especially for indigent defendants, in death penalty cases is a recognised problem in all countries that continue to use the death penalty. Although legal aid was not a focus of this study each research partner highlighted the problem of inadequate access to good quality legal aid for vulnerable groups, including individuals with mental disabilities. Problems cited include lack of information about how to access legal aid, insufficient funding and low levels of remuneration for legal aid lawyers. Individuals were being left without legal assistance for part, or all, of the criminal process. In Pakistan, JPP has noted that while institutional mechanisms for legal aid exist, most of the time lawyers are either young and, therefore, inexperienced or they lack competence. According to JPP, in a country like Pakistan, where a substantial portion of the population lives under the poverty line, the existence of pro bono legal assistance is crucial in ensuring the delivery of justice. All six lawyer interviewees in JPP’s study stated that they were not aware of any functioning legal aid schemes. The Constitution of Pakistan enshrines the right to legal aid in article 4 and article 10-A. As well as the Constitution, and domestic law, there are also institutional mechanisms to provide legal aid to those who cannot afford legal representation. One such mechanism is District Legal Empowerment Committees (DLEC) which were established in July 2011 by the Law and Justice Commission of Pakistan. While the DLEC has been functional for a decade, a fact sheet published by the Law and Justice Commission of Pakistan stated that almost 95 percent of the funds have not been utilised. The reasons are unclear: JPP suggests problems may include poor publicity, absence of selection criteria, lack of oversight and performance reviews, and delays in transferring funds. All six interviewees in Justice Project Pakistan’s (JPP) study stated that they were not aware of any functioning legal aid schemes in Pakistan. In India, it was noted that where the State did provide indigent capital defendants with legal representation the quality was poor. Either lawyers were found to be young, inexperienced and 17 United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems. Adopted by the General Assembly. 2012. https://digitallibrary.un.org/record/748365 10