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Table 5.2 Illustrative Stakeholder MatrixStakeholderInterest in thePolicy(Pro/Neutral/Con)Salience of thePolicy(0-10)Influence on thePolicy(0-10)Priority forPolicymakers(Hi/Medium/Low)Group 1Group 2Group 3, etc.5.2 shows a generic stakeholder matrix, similarto the kind of tool policymakers might develop toidentify potential alliances and implementationstrategies for an Legal Empowerment of the Poorpolicy initiative.Archon Fung and Erik Wright (2003) suggest twogeneric strategies to contend with stakeholders:top-down adversarial strategies and participatorycollaboration. Building alliances across stakeholdergroups is vital, which will turn on the networks andcoalitions to which they belong. Support for LegalEmpowerment of the Poor will arise from stakeholderswho view it as good politics and a meansto build political support and legitimacy. Donorscan assist, but the driving forces for change mustcome from within the country. National leadershipin debating the difficult issues is crucial.With regard to participatory collaboration, agreementmay be absent about who should be involvedin decisions. Some stakeholders will not have aprearranged structure. Also, there may be no approvedinter-stakeholder process for developingcommon policy positions. Such an institutionalarrangement will therefore need to be expresslybrought together for purposes of implementingLegal Empowerment of the Poor. The challengesof establishing commonly agreed upon definitionsof problem situations and identifying the relevantstakeholders must be overcome as a first step.Adversarial situations are even riskier for the poor.Most of the time, disfavoured, disenfranchisedstakeholders stand to lose in confrontations withbetter endowed groups. Resolution of the conflictinginterests ranges along a continuum from negotiationto mediation, to third-party adjudication or arbitration,to refusal to compromise at all. Adversarialstakeholders ordinarily enter into negotiation whenthey see that is the best alternative compared towhat they could obtain ‘away from the bargainingtable’ (Ramirez 1999). Where conflict already exists,a strategic starting point for development professionalsis to understand stakeholder preferencesfor how to deal with the clash of interests.In thinking about stakeholder preferences, thereare four stylised stakeholders (shown in the middlebox of Figure 5.2, above) to consider: the policy’sbeneficiaries, obviously, but also its allies (whosupport the policy even though they may notbenefit directly), practitioners responsible for thepolicy, and challengers of the policy. Some of thepossibilities are sketched out below; these areillustrative categories and, needless to say, thedescriptions may not accurately depict any actualgroup in any given country. As noted, real groupsmay straddle the generic categories or switch backand forth among them, for example from beingLegal Empowerment of the Poor challengers at onepoint in time to being Legal Empowerment of thePoor allies at another period.BeneficiariesPoor people are the target beneficiaries of LegalEmpowerment of the Poor policies. They are the ma-291
jority of the population in many countries. The term‘the poor’ is a convenience, of course, for this multitudeis far from a monolithic constituency despitesharing hunger, ill health, inadequate housing andother pathologies of poverty. They live in remote ruralvillages and in urban shantytowns. They work assubsistence farmers, agricultural labourers, domesticworkers, street vendors, and trash recyclers. Theyare members of underrepresented ethnic minorities— often internal or external migrants seeking improvedopportunities in a new area where they lackclear legal status. They have been displaced by warand civil unrest, and they are indigenous people whohave been left out and left behind by the dominantsociety. A lopsided number of the poor are women,who usually have home and family responsibilitieson top of any work they have found outside thehome. It is useful to have a segmented census ofthe poor as a starting point for Legal Empowermentof the Poor work in any country, to know who theyare, where they are located, and to what extent theirinterests are aligned.Beneficiaries of legal empowerment need to haveas big a hand as possible in initiating and designingthe relevant policies. Even though they lackphysical or financial resources, and organisationalresources and social capital in many locales, thepoor always have a passive capacity to derail legalreforms aimed at them. If the poor are afraid of oraverse to playing their designated role in implementation,the best intended policy would cometo nothing. It is critical that their views be airedand taken into account by policymakers to makesure the proposed course of action fits what poorstakeholders are prepared to do.Because poor stakeholders are diverse, legal empowermentplatforms may have surprisingly unevenimpact if officials are inattentive. An illustrationcomes from South Africa. Residents of extra-legalsettlements in South Africa can be given individualdeeds to their homes. Yet, for some inhabitants theresult is a decrease in security of tenure. Ownershipis registered in the name of only one memberof each household, to the disadvantage of womenand members of the extended family. The newproperty owners also become liable for paying localtaxes and service charges, forcing some to sell becausethey cannot afford to pay. A few people who,by statute, come to own dwellings, cannot not livein them because informal street committees decideother people should take possession of the properties(Cousins et al. 2005). Thus an apparently equitablepolicy to expand asset-holding rights endsup having an unequal impact on poverty, becauseeven within these very poor residential areas, materialgoods and power are not distributed equally.Policymakers might have minimised this outcomeby differentiating among beneficiaries and payinggreater attention to existing social practices thathave widespread legitimacy (see the later discussionof informal institutions).Poor women present a particular challenge forLegal Empowerment of the Poor because insome cases their advantage can be to the disadvantageof the male half of the poor population. In EastAfrica, for instance, women tend to enjoy ‘use rights’to land (see further discussion of the spectrum ofland rights, below) as wives and mothers, but lacktransfer rights due to customs that reserve these formen. Women therefore are without secure claim to anatural resource they use for daily supplies of fuel,water and food. Legal insecurity inhibits economicprogress because women cannot make decisionson expanding or developing land (UNEP 2004:99).Their fathers, husbands and sons are likely to balkat efforts to implement expanded women’s rightsin this important economic realm, because theywould compromise men’s rights to the same assets.Women’s community based organisations may be theanswer. These have proven somewhat effective inpreserving women’s land access in Mexico, though292
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Makingthe LawWork forEveryoneCopyri
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In reply to its expression of sorro
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group chaired by Commission members
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so that their informal contracts ha
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Table of contentsChapter 1 Access t
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Reforming Rules Regarding Bearers a
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The Economics of Informality and th
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Taking Microcredit Out of the Ghett
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5.6 Empowerment Domain 1: Access to
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1. IntroductionThe Commission on Le
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Theoretical perspectives that infor
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long-term migrant or refugee popula
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digital camera that could be used t
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or social services fraud. Thus, alt
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3. Strategies to CreateAffordable,
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is secured through social pressure
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sufficient guidance as to the best
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even better, by showing the ones wi
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A related option is teaching the po
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some other trusted service provider
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From an economic perspective this s
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2007). Such mechanisms prove prefer
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can play an important role in mobil
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motives — such as the desire to m
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of some legal action brought by the
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ernments may consider to remove art
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sations may make better decisions a
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ence others in the supply chain to
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ing access to justice for disadvant
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ardisation and simplification) and
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ary or informal systems, may improv
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Box 2 Coping with Legal Pluralism i
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cies (including local authorities)
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(ADB 2001b). These and other exampl
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e restructured in a way that reduce
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impact of a proposed action on some
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5. Conclusions andRecommendationsIn
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Chapter 1 Endnotes1 Excellent recen
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Lopez-de-Silanes, F. 2002. The Poli
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ChapterTWOEmpowering thePoor Throug
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the West, but that has made entire
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and insurance — to facilitate tra
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Table 1 Mapping the dynamics of leg
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creasing finance for land reform an
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I. IntroductionAs these lines are b
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contributed to its substance. But a
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sis to protect transactions or to p
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in their countries is added reason
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is concentrated in the hands of the
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property, contribute to the exclusi
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There may be sound policy reasons f
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system as a system of rules regardi
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Box 3 Namibian land reformIn Namibi
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Box 4 Focus AfricaCustomary rights
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property, some indigenous peoples a
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• Where consensus is hard to obta
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and the establishment of transparen
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which develop into a fully serviced
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Box 5 Sale of land: examples oflega
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as collateral more of the poor woul
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Enhancing Access to Land and Real P
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Box 8 Example of Singapore:public h
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Box 10 Slum upgradinginitiative in
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2. Pay Attention to Sequencing. The
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Foster Coalitions of Change in Favo
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Chapter 2 EndnotesUniversal Declara
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ers, refl ecting the allocation of
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ing industry through the scheme. (S
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193 See Tomlinson 2007.194 UN-ESCAP
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presented at the National Workshop
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Property Rights.’ At: http://www.
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Empowerment, issue 2, Oslo: 65-90.R
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ChapterTHREETowards a GlobalSocial
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and grounded in conditions of freed
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voluntary code-of-conduct initiativ
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outside their protective reach. The
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and sustainable solutions and peopl
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Segmentation in the Informal Labour
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Informalisation of Labour MarketsTh
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pation worldwide has given rise to
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through a variety of legal instrume
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Box 4 Social case for labourregulat
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Box 5 ILO Conventions and Recommend
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provision of full, productive, free
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Labour Conference in 1996, in recog
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different paths to enforcement, wit
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Table 1 Mean Measures of Regulation
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However, a more detailed examinatio
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countries this translates into unem
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legislative changes, it will critic
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6. Principles and practicesof Labou
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The Homeless People’s Federation
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Conclusions for national strategies
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tions and responsive mechanisms tha
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ticularly the prohibition of forced
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Annex 1:Recent and current initiati
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the following four-fold test: ‘(1
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Nations, the ILO and the World Bank
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able to go beyond general statement
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Case 8:Minimum Living Standard Secu
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Case 11:China’s positive response
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er, perhaps even prepaid, to ease t
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48 Including the UN funds, programm
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the Formal Economy and Informal Reg
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131—182.Sabel, C., D. O’Rourke,
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EXECUTIVE SUMMARY‘The opposite of
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vast majority earn their living in
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and economic activity. First, in or
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ment procurement, tax rebates, and
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developing countries, however, info
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of the provision of adequate infras
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preneurs and small sector enterpris
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negative manifestations of informal
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million persons and their dependent
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within which business operates offe
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developed countries. In 1998, women
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four percent employed in the public
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3.Business Rights:Unlocking Barrier
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Street VendorsCommon issues and cha
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Box 3 Most Difficult Places toDo Bu
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Case Study:Ukraine and Private Busi
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The Chart below captures broadly th
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in helping the poor create wealth.
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tively unknown markets that require
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Case Study:Linking Markets: Promoti
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micro-finance activities. Micro-fin
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Remittances — the transfer of fun
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Page 263 and 264: 5. Institutional changesand legal t
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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
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Page 287 and 288: Recommendations and Key MessagesObj
Page 289 and 290: Chapter 4 Endnotes1 A business has
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Page 296 and 297: ChapterFIVERoad Maps forImplementat
Page 298 and 299: Following the contextual analysis
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Page 304 and 305: 1. Introduction: Attributesof Legal
Page 306 and 307: 2. Implementation:Challenges andOpp
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Page 310 and 311: Figure 5.2 Influences on Policy Imp
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Page 336 and 337: 3.Roadmaps toImplementationReforms
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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
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Page 348 and 349: Box 5.7 Land Sector Harmonisation,
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Page 352 and 353: Table 5.12 A Framework for a Demand
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Training (on leadership, group work
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of labour disputes: An internationa
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on whether patent and copyright pro
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oads — cover only a limited numbe
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28 http://www.ilo.org/dyn/gender/ge
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Ouchi, Fumika. 2004. Twinning as a
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