13.07.2015 Views

Download the file - United Nations Rule of Law

Download the file - United Nations Rule of Law

Download the file - United Nations Rule of Law

SHOW MORE
SHOW LESS

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

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

ut some community members report being toointimidated to contradict local leaders and governmentadministrators (Viswanathan and Srivastava2007: 72). Social mobilisation <strong>of</strong> <strong>the</strong> poor canhelp make participatory procedures in governmentwork closer to <strong>the</strong> way <strong>the</strong>y are meant to.Legal empowerment is sometimes also facilitatedby democratic competition and free discussion<strong>of</strong> policy issues at <strong>the</strong> national level, whichinduces leaders seeking majority support to viewith policy proposals favourable to disadvantagedcitizens. But <strong>the</strong>se are not panaceas. Proceduraldemocratic rule is now quite common in <strong>the</strong> world,yet empirical studies show countries experiencingdemocratic reform do not have systematicallybetter poverty outcomes (Ross 2006). For example,democratic countries are just as capable asdictatorships at carrying out government austerityprogrammemes that fall most heavily on <strong>the</strong> poor(Lindenberg and Devarajan 1993).The procedural democracies are not at all consistentin <strong>the</strong> extent to which <strong>the</strong>y protect minorities,root out political corruption and preventstate-sponsored violence against citizens. Often<strong>the</strong> leadership positions in <strong>the</strong>se countries aredominated by <strong>the</strong> same social stratum that was incharge before <strong>the</strong> advent <strong>of</strong> procedural democracyand competitive politics. In some societies thisdominant group’s role is legitimated by religionor tradition, and deferential attitudes on <strong>the</strong> part<strong>of</strong> <strong>the</strong> poor may add ano<strong>the</strong>r stumbling block toempowerment. One explanation for <strong>the</strong> economicdisparities that persist under democracy is <strong>the</strong>holdover <strong>of</strong> identity politics that divide <strong>the</strong> poor(Varshnay 2005). There may also be deep rootedpatron-client networks that push down <strong>the</strong> poor(more on this topic later).Take <strong>the</strong> example <strong>of</strong> Philippines. Its governmentis chosen in contested elections. Thousands <strong>of</strong>community based organisations exist in Manila andelsewhere, so <strong>the</strong>re is a strong civil society. Philippineshas a national housing finance programmemeto regularise <strong>the</strong> city’s vast informal settlements,implementation <strong>of</strong> which is left to partnershipsbetween community groups, local governments,and <strong>the</strong> private sector. Local governments are alsorequired to set aside land for relocation <strong>of</strong> informalsettlers and to compile lists <strong>of</strong> informal settlers whoare eligible for relocation. Yet even in this relativelybenign political environment, <strong>the</strong> community groupstend to have limited influence and evictions andconversion <strong>of</strong> land to commercial uses continuesapace (Shatkin 2000).Honduras and Nicaragua have analogous problemsin rural areas. Land and forestry laws favour <strong>the</strong>poor on paper, but practice is different. In Nicaragua,constitutional and legislative provisionsexist for <strong>the</strong> demarcation and titling <strong>of</strong> indigenousterritories. Yet <strong>the</strong> government continues to grantindustrial logging concessions on community landswithout fulfilling <strong>the</strong>se requirements. In Honduras,small-scale forest producers have use rights butseldom can meet transaction costs <strong>of</strong> securingpermits and o<strong>the</strong>r approvals, owing to regulatorycomplexity and bureaucratic corruption. This forces<strong>the</strong>m to rely on timber traders to secure permitsand o<strong>the</strong>r approvals, which, in turn, fuels collusionbetween traders and public <strong>of</strong>ficials, and elite capture<strong>of</strong> community forest management rights (Wellset al. 2004). Again, <strong>the</strong> quality <strong>of</strong> democraticinstitutions in this pair <strong>of</strong> countries appears to varyaccording to <strong>the</strong> class and income <strong>of</strong> <strong>the</strong> citizensusing <strong>the</strong>m.These anecdotes obviously do not mean dictatorshipsare consistently better at confronting povertythan are countries classified as democratic. Thereare examples throughout history <strong>of</strong> authoritarianregimes that carried out successful land reforms ando<strong>the</strong>r pro-poor policies; yet <strong>the</strong>re have undoubtedly299

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!