Download the file - United Nations Rule of Law

More documents

Recommendations

Info

of public space, tax-funded incentives(including government procurement, taxrebates, tax-funded subsidies, and incentivepackages).• Providing financial, business development, andmarketing services to informal enterprises;• Creating mechanisms and financing arrangementsto provide social protection to informalentrepreneurs;• Promoting participatory policy processes andinclusive rule-setting institutions that includerepresentatives of associations of informalentrepreneurs.267
Chapter 4 Endnotes1 A business has been defined as an organisational entity designedto sell goods and/or services in an effort to generate profit or a financialreturn. They can be also be a source of employment for others — inaddition to the owner and operator - and provide wealth and livelihoodsto the owners as well as the employees. Informal Businesses andInformal Enterprises are used interchangeably in this report.2 George A. Aryee: ‘Promoting Productivity and Social Protection inthe Urban Informal Sector - An Integrated Approach. Report on Pilotprojects in Bogota, Dar es Salam and Manila -Summary of activities,lessons and recommendations,’ ILO, 3rd (updated ) edition. Dec 2006ISBN 92-2-110343-9.3 Discussion Paper ‘The Informal Economy,’ Committee onEmployment and Social Policy, ILO, March 2007.4 Woolcock M., ‘Some Initial Thoughts on Empowering InformalBusinesses,’ contribution to CLEP, June 2007.5 Hyden G., African Politics in Comparative Perspective,Cambridge University Press, New York, 2006.6 Hart, K. (1973) Informal income opportunities and urbanemployment in Ghana. Journal of Modern African Studies, 11, 61-897 Devey, R., Skinner, C,, and Valodia, Imraan. ‘Informal EconomyEmployment Data in South Africa: A Critical Analysis,’ Forum 2003Papers, Development Policy Research Unit, School of Economics,University of Cape Town, http://www.wiego.org/publications/devey%20skinner%20valodia%20Informal%20Economy%20employment%20data%20in%20ZA.pdf8 UNU-WIDER. 2006.9 Stiglitz, J. Making Globalization Work. Penguin Group. UK. 2006.p11.10 Stiglitz, J. Op Cit p11. Even if the targets of the MillenniumDevelopment Goal (MDG) for water and sanitation are achieved, therewill still be more than 800 million people without water and 1.8 billionpeople without sanitation in 2015.Summary, Human DevelopmentReport 2006. Beyond Scarcity: Power, poverty and the global watercrisis. New York. 2006. p13.11 Sen, A. Development as Freedom. 1999. First Anchor Books, USA.12 A business has been defi ned as an organisational entitydesigned to sell goods and/or services in an effort to generate profi tor a fi nancial return. They can be also be a source of employment forothers — in addition to the owner and operator - and provide wealthand livelihoods to the owners as well as the employees.13 Palmade, V. and Anayiotos, A., Rising Informality, Viewpoint 298,World Bank, Washington D.C., August 200514 Xaba, J. Horn, P. and Motala, S. ‘The Informal Sector in Sub-Saharan Africa’. Working paper on the informal economy, EmploymentSector, International Labour Offi ce, Geneva. 2002. http://www.ilo.org/public/english/employment/infeco/download/ssafrica.pdf, p.315 Charmes, J. (cited at) Women in Informal Employment:Globalisation and Organising (WIEGO), 2 nd Annual Meeting, Cambridge,Massachusetts. 22-24 May 2000.16 ‘Parallel Session III: Integrated Employment and SocialProtection Policies to Upgrade the Informal Economy,’ 11th AfricanRegional Meeting, Addis Ababa, 26 April, 2007. http://www.ilo.org/public/english/region/afpro/addisababa/pdf/informaleconomy.pdf, p.117 Mofokeng, C. ‘The Informal Economy in Africa & Its Impacton Women’, Paper presented at the Symposium on Women’s Rightsand the Role of Women in Africa, Canada, October 3, 2005. http://canadianlabour.ca/updir/africaenwomen.pdf, p.218 ILO DG report ‘The Dilemma of the Informal Sector.’ 1991.19 Mofokeng, C. Op Cit. p.6.20 Gallin, D. ‘Organising in the Global Informal Economy.’Bogazici University Social Policy Forum: Changing Role of Unions inthe Contemporary World of Labour, Istanbul, November 26-27, 2004.http://www.global-abour.org/workers_in_the_informal_economy.htm21 ‘Market Life in West Africa: Markets and the Informal Economy.’http://www.khm.uio.no/utstillinger/madeinafrica/english/marked_6.html22 A market is defi ned as a social arrangement that allows buyersand sellers to discover information and carry out a voluntary exchangeof goods or services. It is considered as one of the two key institutionsthat organise trade, along with the right to own property (Wikipedia).23 Stiglitz, J. Op Cit. Also, nearly 741 million Indians in ruralareas are poorly served, despite a huge demand for fi nancial services,including an estimated annual credit demand exceeding $10 billion.24 Sen, A. Op Cit. p.4-5. Opportunities to satisfy hunger, achievesuffi cient nutrition, enjoy clean water and sanitation, receive basiceducation, health care, etc. are among the constitutive components ofdevelopment.25 Discovering Hidden Assets. Financing the Base of the Pyramid.Developing Alternatives. Vol.10, Issue 1. Winter 2005. p4.26 Stiglitz, J. Op Cit.27 Chang, H-J. Stronger than Fiction? Understanding InstitutionalChanges and Economic Development. Policy Brief. UNU-WIDER.Finland. 6 November 2007.28 The underlying assumption of many interventions targetingwomen is that engagement in economic activity will translate intoeconomic empowerment (Safi lios-Rothschild, 1990; Goetz and SenGupta, 1996). Such assumptions rest on the belief that women securethe benefi ts of their involvement in an economic activity. However,research has shown that outcomes vary according to both the type ofactivity and women’s household circumstances.29 Given a formalisation system, an entrepreneur always decideswhether or not to formalise depending on the value of their fi rms.Arruñada, B. Pitfalls to Avoid when Measuring Institutions: Is DoingBusiness Damaging Business? Pompeu Fabra University. Barcelona. 17June 2007. p15.30 For instance, according to Friedrich Schneider, citizens behaveaccording to a ‘tax morality’, which describes the readiness ofindividuals to leave their offi cial occupations and enter the informaleconomy. If citizens feel that their government is corrupt, they will feelless inclined to cooperate with state rules and regulations. As such,it is assumed that a declining tax morality increases the size of theinformal economy.31 Decent work and the informal economy. ILO, 90 th Session. 2002.pp.2-332 Recently completed studies of eight countries: Bangladesh,Brazil, Ghana, India, Indonesia, Tunisia, Uganda and Vietnam. Cord,Louise . Promoting Pro-Poor Growth: Lessons from country experiences.The World Bank. In Analysing and Achieving Pro-Poor Growth. Povertyin Focus. International Poverty Centre. UNDP. March 2007.268
Page 2:
Makingthe LawWork forEveryoneCopyri
Page 5 and 6:
In reply to its expression of sorro
Page 7 and 8:
group chaired by Commission members
Page 9 and 10:
so that their informal contracts ha
Page 11 and 12:
Table of contentsChapter 1 Access t
Page 13 and 14:
Reforming Rules Regarding Bearers a
Page 15 and 16:
The Economics of Informality and th
Page 18 and 19:
Taking Microcredit Out of the Ghett
Page 21 and 22:
5.6 Empowerment Domain 1: Access to
Page 23 and 24:
1. IntroductionThe Commission on Le
Page 25 and 26:
Theoretical perspectives that infor
Page 27 and 28:
long-term migrant or refugee popula
Page 29 and 30:
digital camera that could be used t
Page 31 and 32:
or social services fraud. Thus, alt
Page 33 and 34:
3. Strategies to CreateAffordable,
Page 35 and 36:
is secured through social pressure
Page 37 and 38:
sufficient guidance as to the best
Page 39 and 40:
even better, by showing the ones wi
Page 41 and 42:
A related option is teaching the po
Page 43 and 44:
some other trusted service provider
Page 45 and 46:
From an economic perspective this s
Page 47 and 48:
2007). Such mechanisms prove prefer
Page 49 and 50:
can play an important role in mobil
Page 51 and 52:
motives — such as the desire to m
Page 53 and 54:
of some legal action brought by the
Page 55 and 56:
ernments may consider to remove art
Page 57 and 58:
sations may make better decisions a
Page 59 and 60:
ence others in the supply chain to
Page 61 and 62:
ing access to justice for disadvant
Page 63 and 64:
ardisation and simplification) and
Page 65 and 66:
ary or informal systems, may improv
Page 67 and 68:
Box 2 Coping with Legal Pluralism i
Page 69 and 70:
cies (including local authorities)
Page 71 and 72:
(ADB 2001b). These and other exampl
Page 73 and 74:
e restructured in a way that reduce
Page 75 and 76:
impact of a proposed action on some
Page 77 and 78:
5. Conclusions andRecommendationsIn
Page 79 and 80:
Chapter 1 Endnotes1 Excellent recen
Page 81 and 82:
Lopez-de-Silanes, F. 2002. The Poli
Page 84 and 85:
ChapterTWOEmpowering thePoor Throug
Page 86 and 87:
the West, but that has made entire
Page 88 and 89:
and insurance — to facilitate tra
Page 90 and 91:
Table 1 Mapping the dynamics of leg
Page 92 and 93:
creasing finance for land reform an
Page 94 and 95:
I. IntroductionAs these lines are b
Page 96 and 97:
contributed to its substance. But a
Page 98 and 99:
sis to protect transactions or to p
Page 100 and 101:
in their countries is added reason
Page 102 and 103:
is concentrated in the hands of the
Page 104 and 105:
property, contribute to the exclusi
Page 106 and 107:
There may be sound policy reasons f
Page 108 and 109:
system as a system of rules regardi
Page 110 and 111:
Box 3 Namibian land reformIn Namibi
Page 112 and 113:
Box 4 Focus AfricaCustomary rights
Page 114 and 115:
property, some indigenous peoples a
Page 116 and 117:
• Where consensus is hard to obta
Page 118 and 119:
and the establishment of transparen
Page 120 and 121:
which develop into a fully serviced
Page 122 and 123:
Box 5 Sale of land: examples oflega
Page 124 and 125:
as collateral more of the poor woul
Page 126 and 127:
Enhancing Access to Land and Real P
Page 128 and 129:
Box 8 Example of Singapore:public h
Page 130 and 131:
Box 10 Slum upgradinginitiative in
Page 132 and 133:
2. Pay Attention to Sequencing. The
Page 134 and 135:
Foster Coalitions of Change in Favo
Page 136 and 137:
Chapter 2 EndnotesUniversal Declara
Page 138 and 139:
ers, refl ecting the allocation of
Page 140 and 141:
ing industry through the scheme. (S
Page 142 and 143:
193 See Tomlinson 2007.194 UN-ESCAP
Page 144 and 145:
presented at the National Workshop
Page 146 and 147:
Property Rights.’ At: http://www.
Page 148 and 149:
Empowerment, issue 2, Oslo: 65-90.R
Page 150 and 151:
ChapterTHREETowards a GlobalSocial
Page 152:
and grounded in conditions of freed
Page 155 and 156:
voluntary code-of-conduct initiativ
Page 157 and 158:
outside their protective reach. The
Page 159 and 160:
and sustainable solutions and peopl
Page 161 and 162:
Segmentation in the Informal Labour
Page 163 and 164:
Informalisation of Labour MarketsTh
Page 165 and 166:
pation worldwide has given rise to
Page 167 and 168:
through a variety of legal instrume
Page 169 and 170:
Box 4 Social case for labourregulat
Page 171 and 172:
Box 5 ILO Conventions and Recommend
Page 173 and 174:
provision of full, productive, free
Page 175 and 176:
Labour Conference in 1996, in recog
Page 177 and 178:
different paths to enforcement, wit
Page 179 and 180:
Table 1 Mean Measures of Regulation
Page 181 and 182:
However, a more detailed examinatio
Page 183 and 184:
countries this translates into unem
Page 185 and 186:
legislative changes, it will critic
Page 187 and 188:
6. Principles and practicesof Labou
Page 189 and 190:
The Homeless People’s Federation
Page 191 and 192:
Conclusions for national strategies
Page 193 and 194:
tions and responsive mechanisms tha
Page 195 and 196:
ticularly the prohibition of forced
Page 197 and 198:
Annex 1:Recent and current initiati
Page 199 and 200:
the following four-fold test: ‘(1
Page 201 and 202:
Nations, the ILO and the World Bank
Page 203 and 204:
able to go beyond general statement
Page 205 and 206:
Case 8:Minimum Living Standard Secu
Page 207 and 208:
Case 11:China’s positive response
Page 209 and 210:
er, perhaps even prepaid, to ease t
Page 211 and 212:
48 Including the UN funds, programm
Page 213 and 214:
the Formal Economy and Informal Reg
Page 215 and 216:
131—182.Sabel, C., D. O’Rourke,
Page 217 and 218:
EXECUTIVE SUMMARY‘The opposite of
Page 219 and 220:
vast majority earn their living in
Page 221 and 222:
and economic activity. First, in or
Page 223 and 224:
ment procurement, tax rebates, and
Page 225 and 226:
developing countries, however, info
Page 227 and 228:
of the provision of adequate infras
Page 229 and 230:
preneurs and small sector enterpris
Page 231 and 232:
negative manifestations of informal
Page 233 and 234:
million persons and their dependent
Page 235 and 236:
within which business operates offe
Page 237 and 238: developed countries. In 1998, women
Page 239 and 240: four percent employed in the public
Page 241 and 242: 3.Business Rights:Unlocking Barrier
Page 243 and 244: Street VendorsCommon issues and cha
Page 245 and 246: Box 3 Most Difficult Places toDo Bu
Page 247 and 248: Case Study:Ukraine and Private Busi
Page 249 and 250: The Chart below captures broadly th
Page 251 and 252: in helping the poor create wealth.
Page 253 and 254: tively unknown markets that require
Page 255 and 256: Case Study:Linking Markets: Promoti
Page 257 and 258: micro-finance activities. Micro-fin
Page 259 and 260: Remittances — the transfer of fun
Page 261 and 262: Case Study:Durban: A Heterogeneous
Page 263 and 264: 5. Institutional changesand legal t
Page 265 and 266: step toward this kind of structure.
Page 267 and 268: key topics in simple and clear lang
Page 269 and 270: oped as part of a long-term regulat
Page 271 and 272: cured creditors have priority to th
Page 273 and 274: • Access to improved skills and t
Page 275 and 276: Case Study:Identity, Voice, and Ass
Page 277 and 278: 6. Pursuing the agenda forchangeOve
Page 279 and 280: Case Study:Technology and the Infor
Page 281 and 282: is not the aim to diminish the enor
Page 283 and 284: in risky environments — in urban
Page 285 and 286: accepted customary forms could mean
Page 287: Recommendations and Key MessagesObj
Page 291 and 292: than the rich. It further demonstra
Page 293 and 294: ______., ‘Ghana Decent Work Pilot
Page 296 and 297: ChapterFIVERoad Maps forImplementat
Page 298 and 299: Following the contextual analysis
Page 300 and 301: establish a ‘legal empowerment pr
Page 302 and 303: targeted indicators endorsed by nat
Page 304 and 305: 1. Introduction: Attributesof Legal
Page 306 and 307: 2. Implementation:Challenges andOpp
Page 308 and 309: nature need to be rewritten or abol
Page 310 and 311: Figure 5.2 Influences on Policy Imp
Page 312 and 313: Table 5.2 Illustrative Stakeholder
Page 314 and 315: effective land control does not nec
Page 316 and 317: actors and assuming they will behav
Page 318 and 319: cymakers must tailor their empowerm
Page 320 and 321: ut some community members report be
Page 322 and 323: efore taking on implementation, or
Page 324 and 325: Table 5.3. Political Administrative
Page 326 and 327: not give up their position willingl
Page 328 and 329: Box 5.5 Authority Systems: Land Rig
Page 330 and 331: Afinal source of complexity is that
Page 332 and 333: almost always have the upper hand b
Page 334 and 335: Table 5.4 Skeleton Diagnostic Tool:
Page 336 and 337: 3.Roadmaps toImplementationReforms
Page 338 and 339:
Table 5.5 Country Specific Implemen
Page 340 and 341:
Table 5.7 Empowerment Domain 2: Pro
Page 342 and 343:
Table 5.8 Empowerment Domain 3: Lab
Page 344 and 345:
Table 5.10 LEP Implementation Strat
Page 346 and 347:
plans, poverty reduction strategies
Page 348 and 349:
Box 5.7 Land Sector Harmonisation,
Page 350 and 351:
quality and utility in establishing
Page 352 and 353:
Table 5.12 A Framework for a Demand
Page 354 and 355:
Empowerment of the poor in the end
Page 356 and 357:
4.Bring existing technical solution
Page 358 and 359:
Annex 1: PolicyImplementation Tools
Page 360:
MIS: A Management Information Syste
Page 363 and 364:
Training (on leadership, group work
Page 365:
of labour disputes: An internationa
Page 368 and 369:
on whether patent and copyright pro
Page 370 and 371:
oads — cover only a limited numbe
Page 372 and 373:
28 http://www.ilo.org/dyn/gender/ge
Page 374:
Ouchi, Fumika. 2004. Twinning as a
show all

Download the file - United Nations Rule of Law

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?