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.

eform, as Box 5.3 indicates.Post-conflict states present a special situationfor legal empowerment even if <strong>the</strong> central statehas nominally reasserted its claim to authority. Itis particularly vexing to figure out how to returnproperty after its rightful owners have fled or beenkilled by one side or <strong>the</strong> o<strong>the</strong>r in a civil war. Often<strong>the</strong> disputes over homes and o<strong>the</strong>r assets are sointense <strong>the</strong>y must be addressed at once to sustainpeace. 6 The international community has recognisedinstitutional reform <strong>of</strong> <strong>the</strong> legal infrastructureis essential for reconstruction and reconciliation.Yet, a realistic timeframe for recreating a justicesystem following serious armed conflict with formalcourts, trained judges and a retrained police forceis close to 20 years (Samuels 2006: 19). That is along period for implementation with many chancesfor administrative operation to deviate from initialpolicy intent.Merilee Grindle (2007) proposes an elementarytypology <strong>of</strong> political systems, adapted here in Table5.3, right, which is a useful place to begin to considerwhat sort <strong>of</strong> Legal Empowerment <strong>of</strong> <strong>the</strong> Poorpolicies are feasible within different countries. Thethree left-hand side column headings reflect <strong>the</strong>political and administrative dimensions <strong>of</strong> regimes,with <strong>the</strong> far right-hand column very roughly indicating<strong>the</strong> sorts <strong>of</strong> Legal Empowerment <strong>of</strong> <strong>the</strong> Poor initiativesthat might be appropriate; <strong>the</strong> rows are fivecommon regime patterns or syndromes. These areheuristic, but <strong>the</strong>y suggest <strong>the</strong> possibilities for legalempowerment are greatest in states that are morecompetitive and better institutionalised. As Grindlepoints out, <strong>the</strong>re is simply more to build upon in<strong>the</strong>se countries than in weaker states. A startingpoint for Legal Empowerment <strong>of</strong> <strong>the</strong> Poor practitioners,<strong>the</strong>n, is to debate honestly where a particularcountry can be located among <strong>the</strong> common patterns<strong>of</strong> political administrative systems, and use <strong>the</strong>information to think creatively but realistically aboutwhat empowering reforms will work in that context.The typology in Table 5.3, right, is educative, notexhaustive; <strong>the</strong> capsule policy prescriptions in <strong>the</strong>last column on <strong>the</strong> right are not meant to cover all<strong>the</strong> possibilities, which are too numerous to capturein a simple table. The reality on <strong>the</strong> ground is thatpolicy champions may need to pursue a variety <strong>of</strong>tactics in every country, custom fit to <strong>the</strong> differentstakeholders, to support <strong>the</strong>ir overall strategy.That means mobilising <strong>the</strong> grassroots, <strong>the</strong> communityorganisations, <strong>the</strong> pr<strong>of</strong>essional groups, ando<strong>the</strong>r interests to counterbalance opponents <strong>of</strong>Legal Empowerment <strong>of</strong> <strong>the</strong> Poor trying to derail <strong>the</strong>agenda. The prospect <strong>of</strong> working with state actorsvaries according to <strong>the</strong> administrative capacity <strong>of</strong><strong>the</strong> government.InformalityAcross-cutting dimension <strong>of</strong> <strong>the</strong> policy environmentis <strong>the</strong> extent <strong>of</strong> informality — in <strong>the</strong>economy, in <strong>the</strong> polity, and in <strong>the</strong> juridical system.People, organisations, and firms can operate underconditions <strong>of</strong> informality for some purposes andunder conditions <strong>of</strong> formality for o<strong>the</strong>rs. LegalEmpowerment <strong>of</strong> <strong>the</strong> Poor reformers must besensitive to <strong>the</strong> vulnerability <strong>of</strong> informal empowermentmechanisms to cooptation and domination byelites and formal organisations. Let us look at <strong>the</strong>phenomenon and consider <strong>the</strong> impact on implementation<strong>of</strong> Legal Empowerment <strong>of</strong> <strong>the</strong> Poor.In <strong>the</strong> economic sense, informality refers to smallscale,self-financed and unskilled labour-intensiveproductive activities, which <strong>the</strong> poor use to survive.These pursuits are under-<strong>the</strong>-table and <strong>of</strong>f-<strong>the</strong>books,and thus are legally defenceless againstmore powerful market interests and are subject tounfair exploitation. This parallel or shadow economyis a vast domain, representing <strong>the</strong> equivalent<strong>of</strong> about 40 percent <strong>of</strong> <strong>of</strong>ficial economic activityin developing and transition countries, according302

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

Saved successfully!

Ooh no, something went wrong!