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Download the file - United Nations Rule of Law

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take effect quickly. Individual uncertainty aboutimplementation encourages poor people to withholdsupport for reforms, which can create self-fulfillingprophecies <strong>of</strong> slippage. One should <strong>the</strong>reforelook for interventions promising short-term rewardsfor beneficiaries. Design simplicity should be a keyconsideration to minimise conflict, uncertainty, ando<strong>the</strong>r implementation problems arising from <strong>the</strong>procedural and technical traits <strong>of</strong> legal empowermentactivities.Roadmaps to ImplementationEffective implementation <strong>of</strong> policy reform takesa mix <strong>of</strong> experience, pr<strong>of</strong>essional judgment, andwillingness to take chances. Creative policymakerslook to open up policy windows that create <strong>the</strong>space needed to move forward in solving particularproblems even under difficult circumstances.Six common sets <strong>of</strong> tasks are associated withdeveloping specific national roadmaps for LegalEmpowerment <strong>of</strong> <strong>the</strong> Poor. They follow a generalized(but not lockstep) pattern, conceived as aninteractive cycle launched by a stream <strong>of</strong> issues,agendas and decisions that, over time, provide additionalinput and momentum to <strong>the</strong> process.• Issues, Agendas, and Decisions: Advocate forchange, develop policy issues, and make decisionsto launch policy reforms. Although politiciansand interest groups tend to take <strong>the</strong> lead,<strong>the</strong>y will seldom succeed without pressure frombelow, and mobilisation from among <strong>the</strong> poor<strong>the</strong>mselves, including <strong>the</strong>ir demands.• Policy Formulation and Legitimisation: Address<strong>the</strong> technical content <strong>of</strong> reform measures. However,besides technical content, reform measuresneed to be accepted and be seen as necessaryand important. Through <strong>the</strong>ir representatives, <strong>the</strong>poor should be part <strong>of</strong> <strong>the</strong> reform design process.• Constituency Building: Convince beneficiaries <strong>of</strong><strong>the</strong> advantages <strong>of</strong> reforms, and demonstrate thatlong-term benefits are worth short-term costs.• Resource Mobilisation: Ensure <strong>the</strong> flow <strong>of</strong> adequateresources by addressing incentives, andexercising leadership in galvanizing constituencies.Financial, technical, and human resourcecommitments are needed.• Implementation Design and Organisational Development:Reformers need to create and nurturenetworks and partnerships for cooperation andcoordination, and provide for <strong>the</strong> development<strong>of</strong> new organisational skills and capacities in <strong>the</strong>public, private and non-governmental sectors.Old procedures, operating routines, and communicationpatterns are difficult to root out; changeis likely to be resisted within some quarters.• Action Planning and Progress Monitoring: Set upsystems and procedures for obtaining feedbackso that implementation is related to learning andadaptation, so as to produce results and impact.Legal Empowerment <strong>of</strong> <strong>the</strong> Poor may be perceivedas a spectrum that provides opportunities, protectionand security to beneficiaries. It establishes aminimum ‘floor’ <strong>of</strong> entitlements and safeguardsto which everyone is entitled, by <strong>the</strong> simple fact<strong>of</strong> our common humanity. The task is to establishthis floor using human rights law. For every facet<strong>of</strong> empowerment, <strong>the</strong>refore, one test is to identifya range <strong>of</strong> potential policy options from which nationsand citizens can choose, depending on <strong>the</strong>irnational context and <strong>the</strong> different starting points <strong>of</strong>various groups <strong>of</strong> <strong>the</strong> poor within <strong>the</strong>m. Finally, aspectrum approach explicitly recognises <strong>the</strong> incrementalmanner in which poor people improve <strong>the</strong>irlives in practice.Implementation <strong>of</strong> empowering policies at <strong>the</strong>national level should seek to integrate legalempowerment into existing processes, such as<strong>the</strong> preparation <strong>of</strong> national development plans orpoverty reduction strategies, ra<strong>the</strong>r than seek to278

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