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Download the file - United Nations Rule of Law

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millions who operate poor, micro informal businesses.Changes have to be Context SpecificAlthough development interventions tend to favourreform through standardised, ‘best practice’ institutionalforms, 101 what is required is an empiricallygrounded perspective using context-specificresearch, organisational innovation and politicalentrepreneurship ra<strong>the</strong>r than <strong>the</strong> importation <strong>of</strong>institutional templates (‘toolkits’) forged elsewhere.102 Because rules are at once constituentelements <strong>of</strong> cultural norms and values as muchas <strong>the</strong>y are embodied in commercial codes andconstitutions, attempts at ‘legal empowerment’need to engage if not with that full spectrum <strong>the</strong>nat least with a more complete awareness <strong>of</strong> <strong>the</strong>spectrum’s existence and importance. 103Therefore context-specificity is a fundamentalrequirement in moving towards change. Thisspecificity must also extend to <strong>the</strong> reality <strong>of</strong>different categories <strong>of</strong> informal businesses inspecific locales and industries. Any policy orinstitutional reform has to recognise and supportboth <strong>the</strong> self-employed (differentiating betweenmicro-entrepreneurs and own-account operators)and wage workers in <strong>the</strong> informal economy. Thelack <strong>of</strong> recognition and understanding <strong>of</strong> <strong>the</strong>sebasic components <strong>of</strong> <strong>the</strong> informal economy <strong>of</strong>tenhinders <strong>the</strong> development <strong>of</strong> appropriate policy.Reform Processes Must beParticipatory and Gender ResponsivePolicy and institutional reform should be participatoryand inclusive and allow for policies tobe developed through consultation with informalbusinesses, and through consensus <strong>of</strong> relevantgovernment departments, <strong>the</strong> organisations <strong>of</strong>informal businesses and o<strong>the</strong>r appropriate socialactors. In order to have a voice, those who arein <strong>the</strong> informal economy must be organised and<strong>the</strong>ir efforts to organise into association andcooperatives at every level should be encouraged.In order to organise, <strong>the</strong> working poor have to beallowed <strong>the</strong> space and resources to associate fora common economic purpose and without politicalmanipulation.Of course, formulating appropriate policies andstrategies is not an easy task. However, with <strong>the</strong>involvement <strong>of</strong> <strong>the</strong> organisations that representinformal businesses it is likely to succeed. Theway forward has to be one <strong>of</strong> negotiated solutions,and <strong>the</strong>se negotiations have to be aboutrights and responsibilities. While <strong>the</strong> inclusion<strong>of</strong> <strong>the</strong> voice <strong>of</strong> all stakeholders in making policyis essential to its success, <strong>the</strong> input <strong>of</strong> informalworkers and <strong>the</strong>ir organisations, based on recognition<strong>of</strong> <strong>the</strong>ir right to organise, is crucial.The voice <strong>of</strong> women has to be clearly heard inthis process. In most regions <strong>of</strong> <strong>the</strong> world, alarger share <strong>of</strong> <strong>the</strong> female than <strong>of</strong> <strong>the</strong> male workforceis in <strong>the</strong> informal economy and, within <strong>the</strong>informal economy, more women tend to be concentratedin lower-return segments than are men.As a result, even within <strong>the</strong> informal economy,<strong>the</strong>re is a significant gender gap in earnings andin <strong>the</strong> benefits and protection afforded by work.Understanding relations between men and women,<strong>the</strong>ir different positions in <strong>the</strong> economy and<strong>the</strong>ir access to and control <strong>of</strong> resources, is crucialto understanding <strong>the</strong> informal economy, wherea gendered approach is a pro-poor approach.Supporting women’s work will, in effect, lead tosupport for poor households and poor children.Legal empowerment <strong>of</strong> informalbusiness should be prioritised as agovernance issueThe reform process should be based on an informedunderstanding <strong>of</strong> <strong>the</strong> economic contribu-257

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