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Download the file - United Nations Rule of Law

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6. Principles and practices<strong>of</strong> Labour Rights and LegalEmpowermentThe task <strong>of</strong> <strong>the</strong> Commission for Legal Empowerment<strong>of</strong> <strong>the</strong> Poor is to identify how legal instrumentscan be used to empower <strong>the</strong> poor. In thischapter we addresses one <strong>of</strong> <strong>the</strong> key areas <strong>of</strong>legal empowerment, namely how internationaland national systems <strong>of</strong> labour standards andlabour rights can become more inclusive andpromote more productive and decent work in <strong>the</strong>fight against poverty. There is - in this arena as ino<strong>the</strong>r arenas <strong>of</strong> legal empowerment - no quick fixfor shifting from informal and low productive employmentto decent and productive employment.There is no single solution, which can be appliedin all countries. A strategy for empowerment hasto have common core principles but remain flexibleenough in design to fit many different economic,social and political conditions. It has tobe participatory, inclusive and gender sensitive.Some principles are basic for any reform strategyin this field and <strong>the</strong>y are introduced in Section6.1. There are many lessons to learn from recentnational and local initiatives for empowerment,which will be presented in Section 6.2. Someconclusions are drawn in 6.3. On <strong>the</strong> basis <strong>of</strong><strong>the</strong>se principles and practices, policy recommendationsare introduced in Section 7.The basic principles for inclusivereformBoth promotion <strong>of</strong> change - and management <strong>of</strong>changeThe most successful countries, in terms <strong>of</strong> productiveemployment, are using a mix <strong>of</strong> economicand social policies, implemented with flexibilityand designed for security. Within <strong>the</strong> context <strong>of</strong>competition, specialisation and free trade, thisapproach helps to promote change and productivity;it also helps in <strong>the</strong> management <strong>of</strong> changeand in <strong>the</strong> creation <strong>of</strong> decent work opportunities,a sense <strong>of</strong> inclusion and a widely shared prosperity.The mix has varied from country to country,and <strong>the</strong> different policies are adjusted occasionallyto improve <strong>the</strong> synergy between economicand social policies, decent work and inclusion.Both property rights - and labour rightsThe report from World Commission on <strong>the</strong> SocialDimension <strong>of</strong> Globalisation argued that informalactivities should be transformed and integratedinto a growing formal sector that provides decentjobs, incomes and protection. A balanced approachto upgrading <strong>the</strong> informal economy wouldrequire <strong>the</strong> systematic extension <strong>of</strong> propertyrights, accompanied by similar action on corelabour rights for all persons engaged in informalactivities. The report argues that such a transformationis an essential part <strong>of</strong> a national strategyto reduce poverty and promote inclusion. Whileit suggests that <strong>the</strong> key to empowering <strong>the</strong> poorthrough property rights is <strong>the</strong> provision <strong>of</strong> legalidentity to <strong>the</strong>ir assets, it also advances <strong>the</strong>understanding that <strong>the</strong> key to <strong>the</strong>ir empowermentthrough labour rights lies in conferring upon<strong>the</strong>m a legal identity as workers or entrepreneurs,<strong>the</strong>reby making disguised commercial or employmentrelationships visible.Both protection - and fl exibilityThe World Development Report 2006, entitledEquity and Development, recognises <strong>the</strong> intrinsicvalue <strong>of</strong> equity and makes <strong>the</strong> case for investingin people, expanding access to justice, land, andinfrastructure, and promoting fairness in markets.The report asks whe<strong>the</strong>r labour market institutionscan be designed to be pro-growth and pro-166

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