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Download the file - United Nations Rule of Law

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ers employed by households, to ‘disguised wageworkers’ employed by sweatshops in productionchains — are also included as important constituents<strong>of</strong> <strong>the</strong> informal economy.Not surprisingly, any discussion <strong>of</strong> <strong>the</strong> informaleconomy would include ‘small’ enterprises notregulated, as well as employment relationshipsthat are not legally recognised and that leavemuch to be desired (in terms <strong>of</strong> providing socialprotection and reduction <strong>of</strong> vulnerability). Wemay note here that issues relating to employability,productivity and flexibility <strong>of</strong> <strong>the</strong> labourforce and to <strong>the</strong>ir upward movement along <strong>the</strong>informal-formal continuum are <strong>the</strong> subject <strong>of</strong>Chapter 3 <strong>of</strong> this report on Labour Rights. Thethrust <strong>of</strong> this discussion, <strong>the</strong>refore, will maintain<strong>the</strong> focus on informal businesses and enterpriseswhich, for <strong>the</strong> purpose <strong>of</strong> analysis, include ownaccountoperators. We examine legal measuresthat include <strong>the</strong> presence <strong>of</strong>, and equitable accessto, effective judicial, political and economic,market and non-market institutions. These, wehave observed, make it easier for micro and smallenterprises to start up and grow in a manner thatallows <strong>the</strong>m to adopt ‘high road’ strategies toenhance efficiency and productivity and providedecent jobs for its employees.Poverty and Informal EconomyIncreasing poverty spurs growth <strong>of</strong> <strong>the</strong> informaleconomy. In turn, <strong>the</strong> informal economy promoteseconomic growth, serving to reduce poverty. Theproblem here is that any reduction in poverty isinefficient, and lacks legal recognition, regulationand protection. Studies <strong>of</strong> countries that havesuccessfully delivered pro-poor growth suggestthat even though economic growth is extremelyimportant, it is unable, by itself, to address <strong>the</strong>eventual disparity in poverty reduction. It is necessaryto address <strong>the</strong> nature <strong>of</strong> inequalities whileaccounting for <strong>the</strong> resulting change, if any, ininequality from this kind <strong>of</strong> economic growth. 32Information and data on <strong>the</strong> informal economyin developing countries is sketchy since very fewcountries undertake survey <strong>of</strong> employment andengagement in <strong>the</strong> informal economy on a regularbasis. Even though nearly 75 percent <strong>of</strong> <strong>the</strong> poorpeople in developing countries live in rural areasand engage in informal economic activities relatedto agriculture, many countries exclude agriculturefrom <strong>the</strong>ir measurement <strong>of</strong> <strong>the</strong> informal economy.33An informal sector survey carried out by ILOin 1995 found that 41 percent <strong>of</strong> <strong>the</strong> workerswere in <strong>the</strong> informal economy because <strong>the</strong>ycould not find any o<strong>the</strong>r work (including thosewho became involved following <strong>the</strong>ir retrenchment),30 percent because <strong>the</strong>ir family neededadditional income, 10 percent because <strong>of</strong> <strong>the</strong>freedom to determine <strong>the</strong>ir hours or place <strong>of</strong>work, and 9 percent because <strong>of</strong> good incomeopportunities. 34 Although not all poor are in<strong>the</strong> informal economy, almost all those who areinformal are poor. Urban areas <strong>of</strong> most developingcountries expose <strong>the</strong> contemporaneous existence<strong>of</strong> informal workers’ shacks with <strong>the</strong> formal workers’more affluent homes. In <strong>the</strong> name <strong>of</strong> economicdevelopment and enforcement <strong>of</strong> propertyrights, <strong>the</strong> former are first to be destroyed by governmenteven though <strong>the</strong> services provided to <strong>the</strong>formal settlements by <strong>the</strong>m are perfectly legal.Informal EnterprisesDespite <strong>the</strong> fact that <strong>the</strong> self-employed andemployers face many barriers to setting up andoperating informal enterprises, <strong>the</strong>y account for70 percent <strong>of</strong> <strong>the</strong> jobs in sub-Saharan Africa andabout 60 percent in <strong>the</strong> o<strong>the</strong>r developing regions.In India, nearly 93 percent <strong>of</strong> <strong>the</strong> workforce is in<strong>the</strong> self-organised informal sector, with nearly 10211

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