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Download the file - United Nations Rule of Law

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tions that follow from this, and employers andemployees are also tied by mutual obligations.Similarly, large businesses have a duty not toexploit smaller ones with which <strong>the</strong>y have productionor distribution ties. Our inclusion <strong>of</strong> <strong>the</strong> word‘global’ places a focus on <strong>the</strong> role and responsibility<strong>of</strong> <strong>the</strong> actors at international, regional,national and local levels, while ‘social’ callsattention to <strong>the</strong> aim <strong>of</strong> this initiative, which is toimprove <strong>the</strong> social conditions <strong>of</strong> people in poorcountries. Importantly, we have placed <strong>the</strong> word‘towards’ before ‘a global social contract’ in <strong>the</strong>title <strong>of</strong> our chapter to emphasise development,process and time horizons.1. Introduction: Purpose <strong>of</strong>our focus on Labour RightsThe Commission has identified <strong>the</strong> issue <strong>of</strong> labourrights as one <strong>of</strong> four elements <strong>of</strong> Legal Empowerment<strong>of</strong> <strong>the</strong> Poor. Almost half <strong>the</strong> world’s population<strong>of</strong> 6 billion lives on less than US$2 a day,while a fifth survives on US$1 a day or less. Formost people mired in poverty, <strong>the</strong> only asset <strong>the</strong>yown is <strong>the</strong>ir own labour. The World Bank estimatesthat for over 70 percent <strong>of</strong> <strong>the</strong> poor, findingwork — ei<strong>the</strong>r wage work or self-employment— is <strong>the</strong> main pathway out <strong>of</strong> poverty; 2 but <strong>the</strong>stark reality, according to <strong>the</strong> ILO, is that some500 million <strong>of</strong> <strong>the</strong> working poor are currently unableto achieve this goal.Informality in <strong>the</strong> workforce has always beenpredominant in developing countries — but itis also growing in developed economies. For <strong>the</strong>poor, informal employment is <strong>the</strong> predominantform <strong>of</strong> employment, in which <strong>the</strong>y have no legalidentity as entrepreneurs or as workers. Also,<strong>the</strong> wider policy environment and institutionallandscape, including systems <strong>of</strong> legal and socialprotection, are biased towards formal incorporatedfirms and formal organised workers. Often,<strong>the</strong> poor are shut out <strong>of</strong> <strong>the</strong> legally recognisedsystems that would allow <strong>the</strong>m to benefit from<strong>the</strong>ir hard work. They are mostly excluded from<strong>the</strong> legal mechanisms that protect <strong>the</strong>ir assetsrelated to property or labour. They lack access toa fully-functioning justice system that protects<strong>the</strong>ir rights regardless <strong>of</strong> status in life.135The ILO notes that informality is mainly a governanceissue; 3 it is traced to laws and institutionalframeworks that are not responsive to <strong>the</strong>conditions in which <strong>the</strong> working poor have alwaysbeen or are increasingly found. The boundaries <strong>of</strong>laws and institutional frameworks remain unyieldingto <strong>the</strong> growing number <strong>of</strong> poor who are found

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