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self-employed persons in OECD countries andtheir proportion is growing. For EU countries asa whole, the incidence of own-account work isgreater for men (11 percent) than for women (7percent). But, in some countries, a higher proportionof women than men are own-account workers.Age is a factor in own-account work: thoseaged 45 and above are more likely than youngerpersons to be working on their own account. 32Indigenous and Tribal PeoplesFinally, one specific group in society that hasoften suffered from abject poverty and profounddiscrimination consists of indigenous and tribalpeoples. It is estimated that there are 350 millionindigenous and tribal peoples (ITPs) representing5000 ethnic groups. While they representfive percent of the world’s population, they accountfor 15 percent of the world’s poor. Poverty,inequality, and various types of injustices haveplagued ethnic societies around the world. 33The ILO has defined indigenous and tribal peoplesas those who have (a) traditional lifestyles,(b) culture, economic conditions and way of lifethat is different from the other segments of thenational population (e.g., in their ways of makinga living, language and customs), and (c) theirown social organisation and traditional customsand laws. Indigenous peoples are, furthermore,distinguished from tribal peoples by the fact thatthey live in historical continuity in a certain area,or before others occupied or came to their area. 34The definition of ‘indigenous’ as provided by theUnited Nations shares features with that providedby ILO: it highlights the ‘historical continuity ofthese peoples with pre-colonial societies; theirstrong attachment to their traditional territories;their distinct social, economic and political institutionsas well as distinct languages and beliefs;their non-dominant position in national societiesand their wish to identify themselves as differentfrom the rest of society.’ 35At the root of the poverty and social exclusionfacing ITPs everywhere is discrimination. Whetherimplicitly or explicitly, ITPs have faced discriminationaimed at wiping out their cultural identityBox 3 ILO’s Convention on Indigenous and Tribal Peoples1989 (No. 169)ILO adopted the Indigenous and Tribal Peoples Convention(No. 169) to include the fundamental concept thatthe ways of life of indigenous and tribal peoples shouldand will survive. It also stressed that these peoples andtheir traditional organisations must be closely involvedin the planning, design and implementation of developmentpolicies that affect them. It sets the minimuminternational standards while opening the ground forhigher standards in countries that can go further.Convention No. 169 adopts a general attitude of respectfor the cultures and ways of life of indigenous andtribal peoples, placing emphasis on their right to acontinued existence and to development according totheir own priorities.It is a comprehensive instrument covering a range ofissues pertaining to indigenous and tribal peoples,including land rights, recruitment and conditions ofemployment, access to natural resources, social securityand health, education and means of communication,vocational training, conditions of employment andcooperation and contacts across borders.Protection is still the main objective but it is based onrespect for indigenous and tribal people’s cultures, theirdistinct ways of life and their traditions and customs.It is also based on the belief that indigenous and tribalpeoples have the right to continue to exist with theirown identities and the right to determine their own wayand pace of development.145
through a variety of legal instruments and policies.They have ranged from outright exclusion toinclusion at very inferior conditions.The typical outcomes involved are dispossessionof their traditional lands, relocation withoutcompensation and basic support services; underinvestmentin education and health; ill-adaptededucational systems and materials — all of whichtranslate, among others, into disadvantageousstatus in labour markets. ITPs expelled from theirancestral domains become seasonal, migrant,bonded or home-based labourers; they are exposedto various forms of exploitation. Discriminationin wage is common practice and there ishigh incidence of forced labour. Unemployment,especially youth unemployment, is higher amongITPs compared to the national average. 36The challenge lies in how to improve living andworking conditions among ITPs so that they cancontinue to exist as distinct peoples, if they wishto do so. Specific efforts for legal empowermentof indigenous people have to be made. The ILO’sIndigenous and Tribal Peoples Convention (seeBox 3) provides guidance and strategies for legalempowerment with respect not only to labourrights and protection of employment, but also toland and property rights.Special efforts for their legal empowerment aredemonstrated in an ‘ethnic audit’ of 14 PovertyReduction Strategy Papers (PRSPs) as well ascase studies of country processes in Bolivia,Cambodia, Cameroon, Guatemala and Nepal. Theresearch clearly showed that while indigenouspeoples are disproportionately represented amongthe poor, their needs and priorities are generallynot reflected in the strategies employed tocombat poverty.Legal empowerment of indigenous and tribalpeoples must address the structural causes oftheir disenfranchisement and social exclusionthrough:• Legal frameworks that recognise individualand group rights.• Institutions and policies that respect and accommodatecultural diversity.• Organisation and mobilisation of indigenouspeople for participation and political change. 37ConclusionsThe vast majority of the working poor earn theirliving in the informal economy where averageearnings are low, productivity is poor, workingconditions are hazardous, and risks are high. Anyattempt to formulate policies and approachesfor the informal economy must understand itscharacteristics, including the deep segmentationfound in it. This section provided a global pictureof the informal economy, highlighting its size,segmentation, and the vulnerabilities of its particularsegments. Women dominate the most-disadvantagedcategories of informal work, 38 notablyindustrial outwork and home-based production. Itis also in the informal economy that child labourand bonded labour are most prevalent and mostdifficult to address. Indigenous and tribal peoplesare marginalized largely due to discrimination.Their cultural identity is suppressed and they areexcluded from social services that should preparethem for the labour market; furthermore, when atwork, they face many forms of discrimination.Despite early predictions of its eventual demise,the informal economy has not only grownworldwide but also emerged in new guises andunexpected places. Though understood to becounter-cyclical, different segments of theinformal economy are seen to have differentcyclical patterns leading to different patternsof informalisation across countries. In virtually146
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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
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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 land reform an
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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 policy reasons f
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system as a system of rules regardi
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Box 3 Namibian land reformIn Namibi
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Box 4 Focus AfricaCustomary rights
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property, some indigenous peoples a
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Page 122 and 123: Box 5 Sale of land: examples oflega
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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 134 and 135: Foster Coalitions of Change in Favo
Page 136 and 137: Chapter 2 EndnotesUniversal Declara
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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
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Page 155 and 156: voluntary code-of-conduct initiativ
Page 157 and 158: outside their protective reach. The
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Page 161 and 162: Segmentation in the Informal Labour
Page 163 and 164: Informalisation of Labour MarketsTh
Page 165: pation worldwide has given rise to
Page 169 and 170: Box 4 Social case for labourregulat
Page 171 and 172: Box 5 ILO Conventions and Recommend
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Page 181 and 182: However, a more detailed examinatio
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Page 185 and 186: legislative changes, it will critic
Page 187 and 188: 6. Principles and practicesof Labou
Page 189 and 190: The Homeless People’s Federation
Page 191 and 192: Conclusions for national strategies
Page 193 and 194: tions and responsive mechanisms tha
Page 195 and 196: ticularly the prohibition of forced
Page 197 and 198: Annex 1:Recent and current initiati
Page 199 and 200: the following four-fold test: ‘(1
Page 201 and 202: Nations, the ILO and the World Bank
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Page 205 and 206: Case 8:Minimum Living Standard Secu
Page 207 and 208: Case 11:China’s positive response
Page 209 and 210: er, perhaps even prepaid, to ease t
Page 211 and 212: 48 Including the UN funds, programm
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Page 215 and 216: 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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