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Download the file - United Nations Rule of Law

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EXECUTIVE SUMMARYExisting power structures prevent poor people from taking charge <strong>of</strong> <strong>the</strong>ir lives and occupations andachieving upward mobility. To end poverty, those structures must be reorganised — a challenging task dueto <strong>the</strong> many dimensions <strong>of</strong> poverty and disempowerment. Interchangeable solutions do not work acrosscountries in exactly <strong>the</strong> same ways; practitioners must be inventive and experimental to produce more justrelationships among <strong>the</strong> state, <strong>the</strong> marketplace and <strong>the</strong> poor.Listening to <strong>the</strong> poor and learning by doingare critically important. Civil societies,non-governmental organisations, membership-basedgroups <strong>of</strong> employers and <strong>of</strong> workers,coalitions and networks have major roles to play ingenerating and articulating bottom-up demand forlegal empowerment. Support <strong>of</strong> central authoritiesis also vital for sustaining progress in most countries.Policy champions are needed to bring o<strong>the</strong>rgovernment actors on board to preclude policyspoilers from blocking implementation <strong>of</strong> legalempowerment.Implementation <strong>of</strong> Legal Empowerment <strong>of</strong> <strong>the</strong> Poor(Legal Empowerment <strong>of</strong> <strong>the</strong> Poor) in a countrybegins with contextual analysis, focusing on <strong>the</strong>social and cultural features that could affectimplementation. Consideration must also be givento <strong>the</strong> economic context (which can be both a helpand a hindrance), and to <strong>the</strong> openness and capacity<strong>of</strong> <strong>the</strong> state. Supplementing <strong>the</strong> inventory <strong>of</strong><strong>the</strong>se concerns should be a careful analysis <strong>of</strong> <strong>the</strong>reach and hold that informal institutions have on<strong>the</strong> poor. A full contextual analysis forms <strong>the</strong> basisfor a feasibility review <strong>of</strong> various empowermentscenarios.The most important constraints set by <strong>the</strong> nationalsocio-political context are:• The domestic social structure, especially its gender,class and ethnic makeup, as well as culturalattitudes toward participation and equality;• The economic context — including <strong>the</strong> distribution<strong>of</strong> wealth and income, and <strong>the</strong> level and rate<strong>of</strong> economic growth;• The characteristics <strong>of</strong> <strong>the</strong> state — both <strong>the</strong> politicaland <strong>the</strong> administrative system;• The extent <strong>of</strong> economic and political informalityand tensions with <strong>the</strong> formal and <strong>of</strong>ficially recognisedsystems.Practitioners and policymakers can use <strong>the</strong> tool <strong>of</strong>contextual analysis within a country to determine:1) if conditions appear ripe for legal empowermentreforms; 2) which implementation options seemmost probable; 3) what sequencing and timelinesfor reform look doable; 4) how <strong>the</strong> reforms shouldbe designed; 5) what trade<strong>of</strong>fs need to be considered;6) which risk-mitigating mechanisms areworth trying, and 7) what contextual variables needcareful monitoring during implementation.276

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