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Download the file - United Nations Rule of Law

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tion in decision making that promote sustainableenterprises. In order to effectively address <strong>the</strong>challenge to ‘level <strong>the</strong> playing field,’ governancestructures have to emphasise greater investmentin <strong>the</strong> human resources <strong>of</strong> <strong>the</strong> poor, guaranteeson business rights for all and fairness in markets.Countries with pervasive inequalities in wealth,resources, weak institutions, and power typicallyexperience narrow financial sectors that meet<strong>the</strong> needs <strong>of</strong> <strong>the</strong> privileged and <strong>the</strong> influential.Among <strong>the</strong> many market failures in developingcountries, notable are those in <strong>the</strong> financial marketsincluding those for credit, insurance, land,and human capital. With <strong>the</strong> consolidation <strong>of</strong>market power in a limited number <strong>of</strong> large banks,lending tends to get biased in <strong>the</strong> favour <strong>of</strong> enterprisesthat are low risk and may exclude thosewith <strong>the</strong> highest expected risk-adjusted returns.Access to finance is essential for businesses;however businesses in <strong>the</strong> informal economy lackaccess to financial markets and <strong>the</strong> capacity tocompete in product markets.The higher <strong>the</strong> levels <strong>of</strong> inequities, <strong>the</strong> greaterwould be <strong>the</strong> propensity <strong>of</strong> <strong>the</strong> institutionsand social arrangements to favour <strong>the</strong> interests<strong>of</strong> <strong>the</strong> influential and <strong>the</strong> privileged. Inequitableinstitutions generate economic costs, which areavoidable. It is <strong>the</strong>refore important to make surethat business rights do not provide exclusivebenefits and are not enforced selectively so that,both middle and poorer groups end up with unexploitedcapacity.An Integrated Economy ApproachLegal empowerment measures have to take placewithin a policy and regulatory approach whichrecognises that <strong>the</strong> two parts <strong>of</strong> <strong>the</strong> economy —formal and informal — do not exist independently<strong>of</strong> each o<strong>the</strong>r. There is a constant exchange <strong>of</strong>ideas, people, skills, goods and services between<strong>the</strong> two parts. At <strong>the</strong> base <strong>of</strong> <strong>the</strong> private sectorare millions <strong>of</strong> small, micro, and mini entrepreneurs,who provide <strong>the</strong> bulk <strong>of</strong> <strong>the</strong> raw materialfor formal sector production, engage intermittentlyas labour in <strong>the</strong> formal enterprises, anduse products made in <strong>the</strong> formal sector. Thosewho have been employees in <strong>the</strong> formal sectorand have acquired new techniques, capabilitiesand business contacts, <strong>of</strong>ten move into <strong>the</strong> moreflexible informal sector and set up <strong>the</strong>ir own businesses.If relationships between different levels<strong>of</strong> economic activity are to be anticipated, madestrategic and optimized, policy and institutionalchange for sustained business linkages and skillsdevelopment has to take place. Those who workin <strong>the</strong> micro-enterprises, and own-account workerswithin supply chains that lead into <strong>the</strong> formalsector, have to be accorded legal protection ona par with enterprises and workers in <strong>the</strong> formalsector.Successful design and support <strong>of</strong> appropriate policiesand institutions for an integrated economymust begin with analysis <strong>of</strong> innovations emergingat <strong>the</strong> interface between <strong>the</strong> informal and formal.Small producers and micro-entrepreneurs aredaily developing strategies for dealing with <strong>the</strong>demands <strong>of</strong> formal institutions, while <strong>the</strong> latterhave also developed ways <strong>of</strong> managing <strong>the</strong>ir inevitableencounter with those who are <strong>the</strong> majorityin <strong>the</strong> poorer countries <strong>of</strong> <strong>the</strong> world. These copingstrategies hold clues as to what developmentinterventions can and should build upon, within<strong>the</strong> context <strong>of</strong> particular cultures, economies andindustries. Contextual specificity and lessonsfrom on-<strong>the</strong>-ground experience, are importantprinciples for policy and institutional innovationsfor an integrated and inclusive economy.Analysis <strong>of</strong> current practice could provide guidancefor <strong>the</strong> move from a bifurcated to an integrated,cohesive approach to entrepreneurship199

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