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Download the file - United Nations Rule of Law

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Box 5.4 Organising out <strong>of</strong>Poverty: Taxis in RwandaThe International Cooperatives Alliance, <strong>the</strong> InternationalTrade Union Confederation (formerly <strong>the</strong>ICFTU) and <strong>the</strong> International Labour Organisationhave teamed up to develop an approach known asSYNDICOOP. ‘SYNDICOOP promotes trade unions andcooperatives — membership-based organisations forworkers in <strong>the</strong> informal economy. And because <strong>the</strong>yare membership organisations, <strong>the</strong>y can be accountable.’An example is Assetamorwa (Association del’Esperance des Taxis Moto au Rwanda) inRwanda. ‘Each driver is an individual trader, negotiatingfares with passengers. But by combining toge<strong>the</strong>r,<strong>the</strong>y support each o<strong>the</strong>r and can negotiate with <strong>the</strong>authorities <strong>of</strong> Kigali, <strong>the</strong> Rwandan capital.’ Assetamorwahas organised a system <strong>of</strong> pooling moneythat its members can tap in turn (known as tontine)and a health insurance fund for members. The groupalso trains young drivers, runs a garage and sparepartsdepot, and works to combat <strong>the</strong> spread <strong>of</strong>HIV/AIDS. All <strong>of</strong> this activity depends on <strong>the</strong> necessaryframework legislation on freedom <strong>of</strong> association andcooperatives being in place at <strong>the</strong> national level.Source: Stirling Smith and Cilla Ross, Organising out <strong>of</strong> poverty:Stories from <strong>the</strong> grassroots: How <strong>the</strong> SYNDICOOP approach hasworked in East Africa (Co-operative College, Oldham, 2006).violence and intimidation among taxi associations(Barrett 2003).Fortunately, freedom <strong>of</strong> association is guaranteedby law in South Africa, and <strong>the</strong> governmenthas a non-judicial mechanism to resolvedisputes through mediation and conciliation. Thus,institutional and legal conditions exist for overcoming<strong>the</strong> industry’s problems. The government hastried to reassert its regulatory authority and formalize<strong>the</strong> industry. After consultation with stakeholders,a financial incentive programmeme has beendeveloped to encourage operators to upgrade <strong>the</strong>minibus fleet, join designated membership associations,keep better records and begin payingtaxes on <strong>the</strong>ir enterprises (van der Merwe 2007).The effectiveness <strong>of</strong> <strong>the</strong>se efforts to supplant <strong>the</strong>informal institutions and practices remains to beproven, however.This example is extreme, and Box 5.4 reports amuch more encouraging case <strong>of</strong> a taxi drivers’organisation from Africa; never<strong>the</strong>less, it makes <strong>the</strong>point that development practitioners face dilemmasin dealing with informality (and, by extension,with decentralised and local institutions generally).There are obvious advantages to exercising rightsthrough personalized and traditional authority becauseit is less expensive, more familiar and locallyavailable. Yet, just because de facto or relationship-basedauthority is embedded in poor communitiesdoes not mean <strong>the</strong>y must be constructivein fighting poverty and injustice, as <strong>the</strong> violentfeuding <strong>of</strong> <strong>the</strong> South African taxi case vividly illustrates.A patron-client network, or clique, mayprovide a safe haven for society’s most vulnerable,but it limits <strong>the</strong>ir options also, long-establishedrules for allocating resources may work when <strong>the</strong>population is small, but <strong>the</strong>y might buckle underpopulation pressure. Additionally, a private legalmechanism may be accessible, but it could easilyplay favourites depending on a plaintiff’s personalconnections.A bottom-line concern is that development pr<strong>of</strong>essionalsmust creatively seek to capitalise on <strong>the</strong>available mix <strong>of</strong> de facto or ‘traditional’ modes <strong>of</strong>authority. There is no reason to assume that <strong>the</strong>informal institutions, rules and arrangements areei<strong>the</strong>r superior or inferior to <strong>the</strong>ir de jure or ‘modern’counterparts. Context is critical. India is a possiblemodel for how to integrate representative andlegal institutions, having extended <strong>of</strong>ficial recognitionto a system <strong>of</strong> village councils and people’s306

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