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jority <strong>of</strong> <strong>the</strong> population in many countries. The term‘<strong>the</strong> poor’ is a convenience, <strong>of</strong> course, for this multitudeis far from a monolithic constituency despitesharing hunger, ill health, inadequate housing ando<strong>the</strong>r pathologies <strong>of</strong> poverty. They live in remote ruralvillages and in urban shantytowns. They work assubsistence farmers, agricultural labourers, domesticworkers, street vendors, and trash recyclers. Theyare members <strong>of</strong> underrepresented ethnic minorities— <strong>of</strong>ten internal or external migrants seeking improvedopportunities in a new area where <strong>the</strong>y lackclear legal status. They have been displaced by warand civil unrest, and <strong>the</strong>y are indigenous people whohave been left out and left behind by <strong>the</strong> dominantsociety. A lopsided number <strong>of</strong> <strong>the</strong> poor are women,who usually have home and family responsibilitieson top <strong>of</strong> any work <strong>the</strong>y have found outside <strong>the</strong>home. It is useful to have a segmented census <strong>of</strong><strong>the</strong> poor as a starting point for Legal Empowerment<strong>of</strong> <strong>the</strong> Poor work in any country, to know who <strong>the</strong>yare, where <strong>the</strong>y are located, and to what extent <strong>the</strong>irinterests are aligned.Beneficiaries <strong>of</strong> legal empowerment need to haveas big a hand as possible in initiating and designing<strong>the</strong> relevant policies. Even though <strong>the</strong>y lackphysical or financial resources, and organisationalresources and social capital in many locales, <strong>the</strong>poor always have a passive capacity to derail legalreforms aimed at <strong>the</strong>m. If <strong>the</strong> poor are afraid <strong>of</strong> oraverse to playing <strong>the</strong>ir designated role in implementation,<strong>the</strong> best intended policy would cometo nothing. It is critical that <strong>the</strong>ir views be airedand taken into account by policymakers to makesure <strong>the</strong> proposed course <strong>of</strong> action fits what poorstakeholders are prepared to do.Because poor stakeholders are diverse, legal empowermentplatforms may have surprisingly unevenimpact if <strong>of</strong>ficials are inattentive. An illustrationcomes from South Africa. Residents <strong>of</strong> extra-legalsettlements in South Africa can be given individualdeeds to <strong>the</strong>ir homes. Yet, for some inhabitants <strong>the</strong>result is a decrease in security <strong>of</strong> tenure. Ownershipis registered in <strong>the</strong> name <strong>of</strong> only one member<strong>of</strong> each household, to <strong>the</strong> disadvantage <strong>of</strong> womenand members <strong>of</strong> <strong>the</strong> extended family. The newproperty owners also become liable for paying localtaxes and service charges, forcing some to sell because<strong>the</strong>y cannot afford to pay. A few people who,by statute, come to own dwellings, cannot not livein <strong>the</strong>m because informal street committees decideo<strong>the</strong>r people should take possession <strong>of</strong> <strong>the</strong> properties(Cousins et al. 2005). Thus an apparently equitablepolicy to expand asset-holding rights endsup having an unequal impact on poverty, becauseeven within <strong>the</strong>se 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 <strong>the</strong> later discussion<strong>of</strong> informal institutions).Poor women present a particular challenge forLegal Empowerment <strong>of</strong> <strong>the</strong> Poor because insome cases <strong>the</strong>ir advantage can be to <strong>the</strong> disadvantage<strong>of</strong> <strong>the</strong> male half <strong>of</strong> <strong>the</strong> poor population. In EastAfrica, for instance, women tend to enjoy ‘use rights’to land (see fur<strong>the</strong>r discussion <strong>of</strong> <strong>the</strong> spectrum <strong>of</strong>land rights, below) as wives and mo<strong>the</strong>rs, but lacktransfer rights due to customs that reserve <strong>the</strong>se formen. Women <strong>the</strong>refore are without secure claim to anatural resource <strong>the</strong>y use for daily supplies <strong>of</strong> fuel,water and food. Legal insecurity inhibits economicprogress because women cannot make decisionson expanding or developing land (UNEP 2004:99).Their fa<strong>the</strong>rs, husbands and sons are likely to balkat efforts to implement expanded women’s rightsin this important economic realm, because <strong>the</strong>ywould compromise men’s rights to <strong>the</strong> same assets.Women’s community based organisations may be <strong>the</strong>answer. These have proven somewhat effective inpreserving women’s land access in Mexico, though292