13.07.2015 Views

Download the file - United Nations Rule of Law

Download the file - United Nations Rule of Law

Download the file - United Nations Rule of Law

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Case Study:‘Tell us how to make legal mechanisms and tools workfor informal businesses.’ President Benjamin Mkapa, TanzaniaIn 2005 President Benjamin Mkapa <strong>of</strong> Tanzaniaproposed that <strong>the</strong> next government should speedup <strong>the</strong> process <strong>of</strong> bringing informal businesseswithin <strong>the</strong> legal ambit to shore up achievementsrecorded and spur fur<strong>the</strong>r <strong>the</strong> country’s economicgrowth. The president made <strong>the</strong> remarks whenhe launched a report on <strong>the</strong> Diagnosis Phase <strong>of</strong><strong>the</strong> Property and Business Formalisation Programmefor Tanzania. Quoting <strong>the</strong> 2005 GlobalCompetitive Report released by <strong>the</strong> World EconomicForum, Mkapa noted that Tanzania hadclimbed 11 places above last year’s rating andovertaken Uganda and Kenya partly because <strong>of</strong><strong>the</strong> contribution by informal businesses. In orderto take Tanzania to <strong>the</strong> next level <strong>of</strong> development,<strong>the</strong> President specifically sought answersto <strong>the</strong> following:a) How are we going to turn all this recognitioninto something accessible and beneficial to<strong>the</strong> 98 per cent <strong>of</strong> business operating outside<strong>the</strong> legal system?b) How can we enable people to leverage <strong>the</strong>irparticipation in this competitive environmentwhen probably 89 percent <strong>of</strong> <strong>the</strong>ir assets areheld in <strong>the</strong> extra-legal sector?c) What legal reforms should be instituted torecognise, protect and ’formalise’ <strong>of</strong> <strong>the</strong> informaloperators’ assets?d) What needs to be done to ensure our peoplebenefit from <strong>the</strong> growing formal and marketeconomy?e) Due to lack <strong>of</strong> recognition legally, informalentrepreneurs have created <strong>the</strong>ir own mechanisms<strong>of</strong> documentation, registration, fungibilityand collateral, and testament.These informal entrepreneurs have developed archetypes<strong>of</strong> business organisations and expandedmarkets outside <strong>the</strong> legal sector,’ he added.‘How can we bring <strong>the</strong>se organisations into <strong>the</strong>mainstream and provide recognition? And <strong>the</strong>real challenge is to use <strong>the</strong>se archetypes as abasis for a new system wherein people can relateto and access, and thus bring down <strong>the</strong> barriersthat stifle entrepreneurship. How to remove thosebarriers that exclude <strong>the</strong>m from participating in<strong>the</strong> markets we seek to create, and that retardour poverty-reduction efforts. Mkapa said Tanzaniacontinues to be excluded from <strong>the</strong> benefits <strong>of</strong>an expanded market economy, and it was time tobring <strong>the</strong>m in. He called for support from stakeholdersand development partners, non-governmentalorganisations, financial institutions ,ando<strong>the</strong>rs in <strong>the</strong> protection and formalisation <strong>of</strong> <strong>the</strong>hard-won assets and business <strong>of</strong> <strong>the</strong> majority <strong>of</strong>poor Tanzanians. Source: Guardian, 2005-10-06<strong>the</strong> protection and facilitation <strong>of</strong> business;• Freedom <strong>of</strong> <strong>the</strong> press, and adequately paidjournalists to shelter <strong>the</strong>m from bribery;• Enforcement <strong>of</strong>ficers who apply <strong>the</strong> law uniformlyto all;• Ease <strong>of</strong> entry into formal business so that variousbusiness forms are quickly and cheaplyformed, some to limit <strong>the</strong> owners’ liability to<strong>the</strong>ir investment in <strong>the</strong> business;• Significant effort to reduce grand corruptionand, ultimately, to reinforce social norms thatconstrain petty corruption.Of <strong>the</strong> emerging business laws in some Africancountries, 91 are an example <strong>of</strong> an important243

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!