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Foster Coalitions of Change in Favour of EquitableProperty Systems. Donors and international organisationscan engage with domestic groups — suchas businesses, NGOs and grassroots movements ofpeasants and small-business owners — and enlisttheir support for property rights reforms in contactwith governments. Depending on the circumstances,fostering coalitions of change by such practicesmay potentially bear fruit. Success requireslong-term commitment by the parties, a stronglocal ownership, wide stakeholder participationand good local management capacity. Donorcountries and multilateral institutions have animportant subsidiary role to play in areas of transnationalinformation gathering and distribution,education, and technical assistance. Multilateralorganisations have an important role to playin making the engagements of donor countriesmore coherent and coordinated and in providingstandards for intergovernmental peer review.Although there is now considerable awarenessof the importance of property rights for the poor,failure to appreciate the historical roots, complexity,and political nature of the underlying issuescan give rise to recommendations that maynot only fail to do justice to the topic but couldalso prove to be unsustainable.Capacity Building and Technical Assistance.Given the context-specificity and politicallysensitive nature of property issues and to makeservices in this area accessible to a majority ofthe population, there is a significant need forbuilding capacity on both the technical andanalytical levels within the public sector as wellas among other agents who can be mobilised. Inthis domain, the international community anddonor countries can provide trans-governmentalor multilaterally coordinated assistance in capacitybuilding leading to greater sustainabilityof reform programmes.Seed-financing of Property Reform. Functionalproperty systems are self-sustainable. Longstanding injection of aid from abroad would beseen as harmful to this goal or a symptom ofsystemic inadequacy. However, in the early stages,and depending on the context, many of theabove mentioned reforms might be triggered bya combination of technical assistance and seedfinancingfrom abroad. Such projects should beaccompanied by clear terms of reference as tothe timetable and phases on the path to selfsustainability.Cross-country Land Policy Indicators. Althoughthe importance is widely recognised, it is oftendifficult to integrate land rights into policy dialogueor to demonstrate the seriousness of anissue due to the lack of comparable indicators.Experience in other sectors has shown that defininga simple set of indicators, some of whichcould be generated by the land administrationsystem on a routine basis, could make it mucheasier to steer the policy dialogue towards criticalissues and at the same time to measureprogress over time. Such indicators should include:(1) coverage and accessibility of the system,potential and actual; (2) cost-effectivenessof service provision; (3) extent to which governmentholds or acquires land rights and the wayin which they are exercised, and (4) ways toaccess property through market and non-marketchannels.Ranking Systems of Property Rights Afforded toWomen. In the multilateral sphere, one possibleapproach to addressing the problem of discriminationof women in property matters would be toformulate a rigorous ranking system of propertyrights protection afforded to women. Such anindex/ranking may focus attention on how differentcountries score in terms of enforcement,protection, scope and depth of rights. Ranking113
efforts have proved useful in the ‘doing business’environment. Property rights are a componentof World Bank rankings, but the propertyrights’ components are not gender-specific. Aseparate ranking may draw more attention to theissue and prompt improvement in the propertyrightsenvironment for women.6. Concluding MessageThe relevance of fair access to property rightsgoes way beyond their role as economic assets.Secure and accessible property rights provide asense of identity, dignity, and belonging to peopleof very different economic means. They createreliable ties of rights and obligations among communitymembers as well as a system of mutualrecognition of rights and responsibilities beyondthe local community. For many poor individualsand the communities in which they live, therelationship with property is more than just anaggregate of occupied and used plots. It is thevery expression of a way of life, and one that theyshould have the opportunity to improve by virtueof their own efforts.114
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Makingthe LawWork forEveryoneCopyri
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In reply to its expression of sorro
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group chaired by Commission members
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so that their informal contracts ha
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Table of contentsChapter 1 Access t
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Reforming Rules Regarding Bearers a
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The Economics of Informality and th
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Taking Microcredit Out of the Ghett
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5.6 Empowerment Domain 1: Access to
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1. IntroductionThe Commission on Le
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Theoretical perspectives that infor
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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 CreateAffordable,
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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 disadvant
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ardisation and simplification) and
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ary or informal systems, may improv
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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 and other exampl
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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. The Poli
Page 84 and 85: ChapterTWOEmpowering thePoor Throug
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Page 88 and 89: and insurance — to facilitate tra
Page 90 and 91: Table 1 Mapping the dynamics of leg
Page 92 and 93: creasing finance for land reform an
Page 94 and 95: I. IntroductionAs these lines are b
Page 96 and 97: contributed to its substance. But a
Page 98 and 99: sis to protect transactions or to p
Page 100 and 101: in their countries is added reason
Page 102 and 103: is concentrated in the hands of the
Page 104 and 105: property, contribute to the exclusi
Page 106 and 107: There may be sound policy reasons f
Page 108 and 109: system as a system of rules regardi
Page 110 and 111: Box 3 Namibian land reformIn Namibi
Page 112 and 113: Box 4 Focus AfricaCustomary rights
Page 114 and 115: property, some indigenous peoples a
Page 116 and 117: • Where consensus is hard to obta
Page 118 and 119: and the establishment of transparen
Page 120 and 121: which develop into a fully serviced
Page 122 and 123: Box 5 Sale of land: examples oflega
Page 124 and 125: as collateral more of the poor woul
Page 126 and 127: Enhancing Access to Land and Real P
Page 128 and 129: Box 8 Example of Singapore:public h
Page 130 and 131: Box 10 Slum upgradinginitiative in
Page 132 and 133: 2. Pay Attention to Sequencing. The
Page 136 and 137: Chapter 2 EndnotesUniversal Declara
Page 138 and 139: ers, refl ecting the allocation of
Page 140 and 141: ing industry through the scheme. (S
Page 142 and 143: 193 See Tomlinson 2007.194 UN-ESCAP
Page 144 and 145: presented at the National Workshop
Page 146 and 147: Property Rights.’ At: http://www.
Page 148 and 149: Empowerment, issue 2, Oslo: 65-90.R
Page 150 and 151: ChapterTHREETowards a GlobalSocial
Page 152: and grounded in conditions of freed
Page 155 and 156: voluntary code-of-conduct initiativ
Page 157 and 158: outside their protective reach. The
Page 159 and 160: and sustainable solutions and peopl
Page 161 and 162: Segmentation in the Informal Labour
Page 163 and 164: Informalisation of Labour MarketsTh
Page 165 and 166: pation worldwide has given rise to
Page 167 and 168: through a variety of legal instrume
Page 169 and 170: Box 4 Social case for labourregulat
Page 171 and 172: Box 5 ILO Conventions and Recommend
Page 173 and 174: provision of full, productive, free
Page 175 and 176: Labour Conference in 1996, in recog
Page 177 and 178: different paths to enforcement, wit
Page 179 and 180: Table 1 Mean Measures of Regulation
Page 181 and 182: However, a more detailed examinatio
Page 183 and 184: countries this translates into unem
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legislative changes, it will critic
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6. Principles and practicesof Labou
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The Homeless People’s Federation
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Conclusions for national strategies
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tions and responsive mechanisms tha
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ticularly the prohibition of forced
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Annex 1:Recent and current initiati
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the following four-fold test: ‘(1
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Nations, the ILO and the World Bank
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able to go beyond general statement
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Case 8:Minimum Living Standard Secu
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Case 11:China’s positive response
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er, perhaps even prepaid, to ease t
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48 Including the UN funds, programm
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the Formal Economy and Informal Reg
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131—182.Sabel, C., D. O’Rourke,
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EXECUTIVE SUMMARY‘The opposite of
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vast majority earn their living in
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and economic activity. First, in or
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ment procurement, tax rebates, and
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developing countries, however, info
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of the provision of adequate infras
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preneurs and small sector enterpris
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negative manifestations of informal
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million persons and their dependent
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within which business operates offe
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developed countries. In 1998, women
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four percent employed in the public
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3.Business Rights:Unlocking Barrier
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Street VendorsCommon issues and cha
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Box 3 Most Difficult Places toDo Bu
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Case Study:Ukraine and Private Busi
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The Chart below captures broadly th
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in helping the poor create wealth.
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tively unknown markets that require
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Case Study:Linking Markets: Promoti
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micro-finance activities. Micro-fin
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Remittances — the transfer of fun
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Case Study:Durban: A Heterogeneous
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5. Institutional changesand legal t
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step toward this kind of structure.
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key topics in simple and clear lang
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oped as part of a long-term regulat
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cured creditors have priority to th
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• Access to improved skills and t
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Case Study:Identity, Voice, and Ass
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6. Pursuing the agenda forchangeOve
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Case Study:Technology and the Infor
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is not the aim to diminish the enor
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in risky environments — in urban
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accepted customary forms could mean
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Recommendations and Key MessagesObj
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Chapter 4 Endnotes1 A business has
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than the rich. It further demonstra
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______., ‘Ghana Decent Work Pilot
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ChapterFIVERoad Maps forImplementat
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Following the contextual analysis
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establish a ‘legal empowerment pr
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targeted indicators endorsed by nat
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1. Introduction: Attributesof Legal
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2. Implementation:Challenges andOpp
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nature need to be rewritten or abol
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Figure 5.2 Influences on Policy Imp
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Table 5.2 Illustrative Stakeholder
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effective land control does not nec
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actors and assuming they will behav
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cymakers must tailor their empowerm
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ut some community members report be
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efore taking on implementation, or
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Table 5.3. Political Administrative
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not give up their position willingl
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Box 5.5 Authority Systems: Land Rig
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Afinal source of complexity is that
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almost always have the upper hand b
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Table 5.4 Skeleton Diagnostic Tool:
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3.Roadmaps toImplementationReforms
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Table 5.5 Country Specific Implemen
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Table 5.7 Empowerment Domain 2: Pro
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Table 5.8 Empowerment Domain 3: Lab
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Table 5.10 LEP Implementation Strat
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plans, poverty reduction strategies
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Box 5.7 Land Sector Harmonisation,
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quality and utility in establishing
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Table 5.12 A Framework for a Demand
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Empowerment of the poor in the end
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4.Bring existing technical solution
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Annex 1: PolicyImplementation Tools
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MIS: A Management Information Syste
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Training (on leadership, group work
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of labour disputes: An internationa
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on whether patent and copyright pro
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oads — cover only a limited numbe
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28 http://www.ilo.org/dyn/gender/ge
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Ouchi, Fumika. 2004. Twinning as a
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