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Download the file - United Nations Rule of Law

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and economic activity. First, in order to encouragegreater engagement between establishedformal businesses and <strong>the</strong> smaller enterprises,transaction costs and risks <strong>of</strong> such engagementhave to be reduced. Second, <strong>the</strong> public sectorhas to develop and implement participatoryprocesses so that support is relevant to those on<strong>the</strong> fringes <strong>of</strong> formal activity. Third, change hasto be negotiated through iterative dialogue andpartnerships spanning across central and localgovernments, <strong>the</strong> private sector, domestic capitalmarkets, producer groups and <strong>the</strong>ir social andeconomic organisations. Fourth, <strong>the</strong> function inmicro and small scale entrepreneurial activity <strong>of</strong>‘immediate and direct reciprocities’ 5 has to berecognised; in many low-income communities,economic activities and arrangements are embeddedin social relationships. How social relationsand values, not just market forces, affect <strong>the</strong>modus operandi <strong>of</strong> millions <strong>of</strong> entrepreneurs hasto be brought into economic reform considerations.How social and cultural norms condition<strong>the</strong> modes <strong>of</strong> production and overall situation <strong>of</strong>women entrepreneurs and indigenous peoples isparticularly pertinent to this consideration.The Reform AgendaOur working group for Chapter 4 <strong>of</strong> this reportrecommends <strong>the</strong> following as key messages in <strong>the</strong>legal empowerment <strong>of</strong> informal businesses:1. Policy Stance• Legally empowering small informal businessesrun by poor individuals or households shouldbe seen as a central pillar <strong>of</strong> a just societyand a central strategy for reducing poverty andinequality.• Most policies and <strong>the</strong> global economy currentlyaccord privilege to large firms/enterprises oversmall firms/enterprises.• Informality is here to stay and is an essentialfeature <strong>of</strong> <strong>the</strong> global economy.• Poverty and exclusion go hand in hand. Thepoor have no choice but to accept insecurityand instability as a way <strong>of</strong> life. Our reformagenda reflects <strong>the</strong> realities <strong>of</strong> poverty andexclusion experienced by poor people, and<strong>the</strong>refore focuses on removing <strong>the</strong> barriers thathold <strong>the</strong> poor back, and building a framework<strong>of</strong> laws and institutions to provide genuineprotection and opportunity for all. This will requirewholesale systemic changes to all facets<strong>of</strong> <strong>the</strong> legal framework, including: <strong>the</strong> politicalprocess, economic policy, law making, publicadministration, and law enforcement.• While national governments and <strong>the</strong> internationalcommunity should seek to create asmany formal jobs as possible and formalise asmany informal enterprises and jobs as possible,informality is not going to disappear. The realchallenge will be to reduce <strong>the</strong> ‘decent workdeficits’ <strong>of</strong> those who work informally, especially<strong>the</strong> working poor.• Poor people’s enterprise does play a vital role in<strong>the</strong> economies <strong>of</strong> many countries, and <strong>the</strong> poor<strong>the</strong>refore have a right to earn a living free fromharassment, extortion, beating, wrongful eviction,expropriation and exploitation. They mustbe <strong>of</strong>fered equal opportunity to access local,national and international markets.• Commercial rights for informal entrepreneurs/operators should be seen as an essential part<strong>of</strong> a package <strong>of</strong> rights for <strong>the</strong> working poorin <strong>the</strong> informal economy. This would includeproperty rights, labour rights, <strong>the</strong> right to socialprotection, and <strong>the</strong> right to organise and to berepresented in policymaking and rule-settinginstitutions and processes.• O<strong>the</strong>r than social protection (property, health,life, disability, old age) that is relevant for wage200

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