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Download the file - United Nations Rule of Law

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ased work easier to fit in around <strong>the</strong>ir householdresponsibilities. Formal sector businesses maychoose to outsource work to informal workers togain flexibility. That said, <strong>the</strong>se jobs are mostlyvery badly paid, <strong>of</strong>ten dangerous, and <strong>the</strong>y relyheavily on children (ILO 2003). Most people whotoil in <strong>the</strong> parallel economy do so out <strong>of</strong> necessity,not freely exercised choice. Judith Tendler (2002)writes <strong>of</strong> an implicit ‘devil’s deal’ in Brazil and o<strong>the</strong>rcountries, whereby informal economy workers andentrepreneurs consent to support certain politicians.In return, <strong>the</strong> politicians agree not to enforce tax,environmental, or labour regulations; and to keep<strong>the</strong> police and inspectors from harassing <strong>the</strong> poor.This arrangement is difficult for ei<strong>the</strong>r side to getout <strong>of</strong> and it limits <strong>the</strong> options for legal empowerment.Tendler suggests <strong>the</strong> way to break <strong>the</strong> ‘devil’sdeal’ is by demonstrating <strong>the</strong> paths by which smallfirms grow into form ones, including treating workersbetter and helping to upgrade <strong>the</strong>ir skills.The boundary between <strong>the</strong> informal and <strong>the</strong> formaleconomies is fluid and poor people can push it in adirection that favours <strong>the</strong>m. Cairo, to take an example,has an informal refuse collection system whichactually has a well-defined set <strong>of</strong> internal rights,responsibilities, and sanctions that evolved overseveral decades in response to a changing externalenvironment. The city tried to bring refuse collectionunder municipal control by issuing licenses to largecorporate contractors. Refuse collection is a majorenterprise for poor people so <strong>the</strong> city was threatening<strong>the</strong>ir livelihood. After negotiation and mutualadjustment, a new arrangement emerged in whichsmall-scale service providers selectively adoptedinstitutional forms recognised by <strong>the</strong> municipalauthorities, while hanging on to <strong>the</strong> personalisedand adaptable practices that marked <strong>the</strong>ir informalsystem (Assaad 1996). The second element <strong>of</strong>informality that concerns Legal Empowerment <strong>of</strong> <strong>the</strong>Poor policy implementation is found in <strong>the</strong> politicalsystem. Similar to what goes on in <strong>the</strong> economy,informality here is based on implicit and unwrittenunderstandings. In effect, it is a coping method for<strong>the</strong> poor. The terms used to describe this grey governmentzone are ‘patrimonialism’ and ‘clientelism.’Its dimensions are hard to measure, but <strong>the</strong> informalpatron-client political system is widespread inmany countries and may crowd out <strong>the</strong> <strong>of</strong>ficial statesystem <strong>of</strong> rule, along with that system’s broad policiesthat guarantee rights and distribute privilegesaccording to objective criteria.Patron-client politics emerge from webs <strong>of</strong>personal bonds that develop between patronsand <strong>the</strong>ir individual clients or followers. Thesebonds are founded on mutual material advantage:<strong>the</strong> patron furnishes excludable resources (money,jobs) in return for support and cooperation (votes,attendance at rallies). Typically, marginalizedmembers <strong>of</strong> society are drawn into patron-clientarrangements as a more reliable means than<strong>the</strong> state to take care <strong>of</strong> <strong>the</strong>ir everyday concerns(Brinkerh<strong>of</strong>f and Goldsmith 2004). Clientelismis widely seen as a barrier to more transparentgovernance and pr<strong>of</strong>essional public administration.It lives on, however, because it provides something<strong>of</strong> value to people. No society is so ‘advanced’ thatit relies exclusively on de jure institutions to run itscommon affairs. For all <strong>the</strong>ir drawbacks, informalpatron-client exchanges are expedient means to getthings done.Clientelism evolves and adapts to <strong>the</strong> formalgovernance system, similar to what happens in <strong>the</strong>economic sphere. In fact, individuals who hold<strong>the</strong> formal levers <strong>of</strong> power are <strong>of</strong>ten also head uppatronage networks. Political openness, widespreadpolitical participation and <strong>the</strong> emergence <strong>of</strong> broadprogrammeme that help people regardless <strong>of</strong> <strong>the</strong>irpersonal affiliations are ways ‘clientelism’ can bepushed back to benefit <strong>the</strong> poor (Brinkerh<strong>of</strong>f andGoldsmith 2005). But this is a struggle. Patrons do304

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