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Table 5.7 Empowerment Domain 2: Property RightsFramework of Opportunities and ProtectionsLegal Instruments Problem <strong>for</strong> Poor People Opportunities/Protections• Universal Declaration onHuman Rights (UDHR), ICCPR,CESCR• Habitat Agenda• Right to adequate housing,including security of tenure,General Comment 4 & 7• Pinheiro Principles onRestitution of Housing, Landand Property Rights• Extract from other internationalhuman rights treaties,conventions, declarations, etc(in particular Indigenous andTribal Peoples Convention,1969 (ILO Convention No. 169)• Insecurity of tenure• Forced evictions• Common-property appropriatedby the state• Non-respect <strong>for</strong> rights ofindigenous and tribal peoples• Legal and institutional barriers(path to property, overlappingmandates, professionalreluctance)• Lack of access to infrastructureand basic services• Lack of access to credit• Spectrum approach to security oftenure• Guidelines to promote due process inthe event of <strong>for</strong>ced evictions• Pro-poor land and agrarian re<strong>for</strong>ms• Joint titling and re<strong>for</strong>m ofdiscriminatory inheritance laws andpractices regarding land• Skills development of paraprofessionals(e.g., ‘barefootsurveyors’)• Extending housing micro-finance‘down-market’• Community-based savings linked tourban poor fundswould enable residents to invest in improvementsto their home and community that would havebeneficial side effects on other aspects of their life,particularly health. As resources permit, securitycould be increased, facilitating further investments.This incremental process would help ensurethat the tenure increases take place at the pace ofthe urban poor and do not unintentionally result in‘downward raiding’ by the middle-class — possiblyresulting in market-based evictions of the poor.On the labour rights front, the major concern ishow to ensure decent work <strong>for</strong> all. <strong>The</strong> poor facenon-respect <strong>for</strong> fundamental principles and rightsat work, a lack of legal recognition of workers andtheir organisations in the in<strong>for</strong>mal economy (andto some extent in the <strong>for</strong>mal economy), institutionaland regulatory issues, unsafe working conditions,the specific problems of vulnerable groups such aschildren, and the lack of social security and protection.As in the case of land, workers find themselvesin a range of situations, from those in which theyare denied all opportunities (being subjected to<strong>for</strong>ced labour) to those in which they enjoy opportunities<strong>for</strong> full and productive employment, accompaniedby basic security. Unlike land the spectrum<strong>for</strong> legal empowerment in relation to rights at workshould focus on the extent of opportunity/protectionenjoyed by a particular worker or group of workers.This is to avoid <strong>for</strong>mal legal classifications (‘casualwork’, ‘independent contractor’, etc.) which varyacross legal systems. Fundamental principles andrights at work are particularly vital in the market <strong>for</strong>unskilled labour that is the main source of income<strong>for</strong> the poor.In relation to labour issues, protection/security andopportunities could be mapped along an ‘upwardsarrow’ spectrum towards decent work <strong>for</strong> all (fulland freely chosen productive employment, carriedout in conditions of dignity, equity and security).Fundamental principles governing work (e.g.,freedom of association, freedom from <strong>for</strong>ced labour,child labour and discrimination) involve both319
Box 5.6 Gold Rush in Mongolia: from Herders to ‘Ninjas’Harsh winters in Mongolia have been <strong>for</strong>cing traditionalherder families to eke out a living as in<strong>for</strong>mal miners.<strong>Work</strong>ers laid off from <strong>for</strong>mal mining sites were the firstto mine in<strong>for</strong>mally. From the green plastic containersthey wear on their backs in turtle style, they are knownas ‘ninjas’. An estimated 100,000 men, women andchildren engage in in<strong>for</strong>mal mining (the entire populationis only 2.7 million), producing the same level as <strong>for</strong>malmining companies. Exposure to mercury used to extractgold from the ore puts the miners, especially the children,at serious risk.<strong>The</strong> Mongolian Employers Federation (MONEF) has beenseeking a new law to govern in<strong>for</strong>mal mining. At the sametime, it has been raising awareness among the miningcompanies and providing chances <strong>for</strong> children of miningfamilies to receive education and training. Tripartitenegotiations (involving government, and employers’ andworkers’ representatives) agreed on changes to labour legislationthat would extend its reach to those in the in<strong>for</strong>maleconomy and improve protection against the worst <strong>for</strong>msof child labour. So far, however, these initiatives have notbeen enacted into law.Such measures would help to fill a legislative gap thatemerged at the time of privatisation of mining in the1990s. Legislation on mining minerals and the peoplewho mine them provides an opportunity <strong>for</strong> coherencebetween policies on natural resource use, investment,property ownership, job creation <strong>for</strong> adults and labourprotection.Source: Damdinjav Narmandakh, ‘Extending labour protection to thein<strong>for</strong>mal economy in Mongolia,’ in David Tajgman, ed., ExtendingLabour <strong>Law</strong> to All <strong>Work</strong>ers: Promoting Decent <strong>Work</strong> in the In<strong>for</strong>malEconomy in Cambodia, Thailand and Mongolia (ILO, Bangkok, 2006),pp 105-153; ‘Gold rush in Mongolia: When shepherds become‘ninjas’.’ ILO: About the ILO, 2 Sept. 2005.opportunities and protections. For example, thelegal protection prohibiting children from engagingin the worst <strong>for</strong>ms of child labour (that can stunttheir growth and condemn them to a life of povertyas unskilled workers) needs to be accompanied byopportunities to attend school and acquire marketableskills.Similarly, the exercise of freedom of associationgoes hand in hand with legal protections thatpermit easy registration of trade unions, smallemployers, cooperatives and small traders’ associations,whether they are in the <strong>for</strong>mal or in<strong>for</strong>maleconomies. <strong>The</strong> security/protection dimension hasobvious relevance in relation to protecting workers’health and ensuring a social floor that keeps themfrom falling back into poverty when a family healthemergency strikes. For example, the Zambian Congressof Trade Unions and the Alliance <strong>for</strong> ZambiaIn<strong>for</strong>mal Economy Associations launched a partnershipin 2002. (Another illustration from Mongoliais presented in Box 5.6.) Moreover, the ability toachieve decent work <strong>for</strong> all will be conditioned bythe job-creating or job-destroying effects of internationaland national macroeconomic policies, sothis dimension would need to be captured as wellTable 5.8 shows how labour rights can be mappedwith the protection and security available in variouslegal and other instruments and with the opportunitiesand protections implicit in the Legal Empowermentof the Poor agenda.Establishing entrepreneurial rights also impliesa broad policy re<strong>for</strong>m agenda (Table 5.9). Withinthe mandate of the <strong>Commission</strong>, the major issues<strong>for</strong> poor business people include lack of recognitionand vulnerability, lack of credit and capital,absence of social security, lack of protection oflabour and of assets, and institutional barriers tothe <strong>for</strong>mal economy such as complicated procedures(entry/exit, expansion of business contracts,conflict resolution). <strong>The</strong>re would be a possiblespectrum from the street hawker or fisher without320
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In reply to its expression of sorro
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group chaired by Commission
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that they can protect their assets
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External Monitoring ...............
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Case 10 Spain: Flexibility at the M
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Taking Microcredit Out of the Ghett
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Explanation of the Tools ..........
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1. IntroductionThe
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Theoretical perspe
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long-term migrant or refugee popula
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digital camera that could be used t
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or social services fraud. Thus, alt
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3. Strategies to CreateAffo
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is secured through social pressure
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sufficient guidance as to the best
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even better, by showing the ones wi
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A related option is teaching the po
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some other trusted service provider
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From an economic perspective this s
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2007). Such mechanisms prove prefer
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can play an important role in mobil
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motives — such as the desire to m
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of some legal action brought by the
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ernments may consider to remove art
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sations may make better decisions a
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ence others in the supply chain to
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ing access to justice for</
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ardisation and simplification) and
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ary or informal sy
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Box 2 Coping with Legal Pluralism i
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cies (including local authorities)
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(ADB 2001b). These
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e restructured in a way that reduce
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impact of a proposed action on some
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5. Conclusions andRecommendationsIn
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Chapter 1 Endnotes1 Excellent recen
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Lopez-de-Silanes, F. 2002.
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ChapterTWOEmpowering thePoor Throug
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the West, but that has made entire
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and insurance — to facilitate tra
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Table 1 Mapping the dynamics of leg
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creasing finance for</stron
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I. IntroductionAs these lines are b
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contributed to its substance. But a
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sis to protect transactions or to p
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in their countries is added reason
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is concentrated in the hands of the
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property, contribute to the exclusi
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There may be sound
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system as a system of rules regardi
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Box 3 Namibian land refor</
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Box 4 Focus AfricaCustomary rights
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property, some indigenous peoples a
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• Where consensus is hard to obta
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and the establishment of transparen
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which develop into a fully serviced
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Box 5 Sale of land: examples oflega
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as collateral more of the poor woul
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Enhancing Access to Land and Real P
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Box 8 Example of Singapore:public h
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Box 10 Slum upgradinginitiative in
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2. Pay Attention to Sequencing. <st
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Foster Coalitions of Change in Favo
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Chapter 2 EndnotesUniversal Declara
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ers, refl ecting the allocation of
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ing industry through the scheme. (S
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193 See Tomlinson 2007.194 UN-ESCAP
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presented at the National W
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Property Rights.’ At: http://www.
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Empowerment, issue 2, Oslo: 65-90.R
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ChapterTHREETowards a GlobalSocial
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and grounded in conditions of freed
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Support inclusive social protection
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tions that follow from this, and em
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2. Labour Rights, Infor</st
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ployment in developing countries: s
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Box 1 Different Categories of In<st
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In North American, European Union,
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self-employed persons in OECD count
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all cases, the infor</stron
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A New Departure: Fundamental Princi
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The conclusions st
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forcement and, eve
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e granted to people as citizens rat
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uncertainty as to the existence of
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surveys discussed below, the ICA su
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e lower than that created by other
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tion, and civil security, which typ
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and the quantity of employment oppo
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equity. The key to
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works, first by allowing fo
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and of regulations should involve a
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Process recommendationsOur working
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Towards a New Social Contract.<stro
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on Gender Indicators of the Inter-A
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Case 4:Collective identity, collect
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nomic and social development plans
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Case 7:Social security for<
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our inspection and sanction and it
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the law and therefor</stron
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Chapter 3 Endnotes1 See Resolution
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83 Boundary: a cab driver,
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_______. 2002a. ‘Decent W
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ChapterFOURBusiness Rights195
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Informal and <stro
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tion in decision making that promot
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workers as well as the self-employe
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Good initiatives have been undertak
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obtain formal, per
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the government’s ability to issue
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and those in transition, as well as
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ers employed by households, to ‘d
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Figure 1 GDP Per Capita and the Siz
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social insurance, and need
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Box 1 Empowering Indigenouspeoples
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mand for af<strong
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Box 2 Unlocking Barriers: Legal Mec
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tion is inadequate or the roads are
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Figure 4 Regulatory Environment and
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statements, invoices, etc.). Accord
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ights. Other benefits would include
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agricultural activities more produc
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primary health system. Similarly, i
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(owned by men with access to credit
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provides protection to low-income p
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private-partnerships (PPPs) that ca
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enterprises. Developing effective s
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Case Study:‘Tell us how to make l
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Case Study:Business Registration Re
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10. Establish a single business ide
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Expansion1. Distribute both positiv
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successfully without much additiona
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• Asset protection;• Capital pr
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‘entrepreneurship inspired by nec
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millions who operate poor, micro in
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In developing and promoting new app
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institutional instruments to make t
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Figure 5Legal Empowerment of In<str
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forward linkages o
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of public space, tax-funded incenti
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