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.

should be designed, what trade<strong>of</strong>fs need to beconsidered, which risk mitigating mechanisms areworth trying, and what contextual variables needcareful monitoring during implementation. Adheringto this general set <strong>of</strong> guidelines will increase<strong>the</strong> chances <strong>of</strong> successfully carrying out empowermentpolicies.Policy characteristicsThree internal policy characteristics (<strong>the</strong> lowermiddle box in Figure 5.2, above) stand out ininfluencing implementation: complexity, ambiguityand <strong>the</strong> potential for discord and conflict. Thesecharacteristics are important in all policy arenas butare especially relevant for <strong>the</strong> four domains <strong>of</strong> legalempowerment.ComplexityO<strong>the</strong>r things being equal, <strong>the</strong> more complex a policyis, <strong>the</strong> harder it is to implement due to <strong>the</strong> intensity<strong>of</strong> <strong>the</strong> administrative effort required. On <strong>the</strong> scale <strong>of</strong>complexity, Legal Empowerment <strong>of</strong> <strong>the</strong> Poor tendsto fall at <strong>the</strong> far end. As seen by <strong>the</strong> Commission,<strong>the</strong> paradigm for empowerment is holistic and thushighly ambitious. Ideally, <strong>the</strong> poor should obtainlegal protection for <strong>the</strong>ir physical and financialassets (property rights) and human capital (labourrights), and also have <strong>the</strong> ability to engage in markettransactions (business rights). Cutting across allthree areas is a need to obtain access to justiceand political decision making (legal identity andcitizenship rights). Those are a lot <strong>of</strong> balls to juggleduring implementation. It may be best to go forwardselectively and not dissipate energy on too many initiativesat once. On <strong>the</strong> o<strong>the</strong>r hand, progress in onlyone area without <strong>the</strong> o<strong>the</strong>rs may create imbalancesthat perpetuate poverty.A second source <strong>of</strong> complexity is <strong>the</strong> fact that legaland regulatory systems are very robust; meaningthat reconfiguration <strong>of</strong> one or a few aspects <strong>of</strong> <strong>the</strong>law or institutions may not alter <strong>the</strong> overall risk andlack <strong>of</strong> opportunity poor people face. Social conventionsand structures develop over long periodswith many redundancies and mutually reinforcingelements. Progress in one domain <strong>of</strong> empowermentmay be neutralised by lack <strong>of</strong> progress in ano<strong>the</strong>r.Unanticipated effects may also be triggered duringimplementation that undermine or bypass <strong>the</strong>intended beneficiaries. In Peru, for instance, <strong>the</strong> introduction<strong>of</strong> greater flexibility in <strong>the</strong> labour marketwas heralded as progress in <strong>the</strong> early to mid 1990s;one <strong>of</strong> its effects, however, was to drastically reduce<strong>the</strong> percentage <strong>of</strong> <strong>the</strong> population who enjoyed alegal status as employees, which had given <strong>the</strong>maccess to social protection. Poverty rates increasedin <strong>the</strong> short-term. Had <strong>the</strong> reform package beenless sweeping, or accompanied by a social floor ormitigating measures, this negative impact mighthave been avoided.Third is <strong>the</strong> time dimension to complexity. Empowermentpolicies seldom take effect quickly. Regardinglaw reform to promote <strong>the</strong> right to freedom <strong>of</strong>association and collective bargaining, for instance,<strong>the</strong> ILO (2004: 110-111) has observed that fourto five years is <strong>the</strong> minimum time that should beallowed before substantive results can be seen. Ingeneral, delays make political back-tracking likely asministerial appointments change and bring in newministers who have little interest or commitmentto <strong>the</strong>ir predecessor’s programmemes. Hesitationin implementation reinforces any inclination <strong>of</strong> <strong>the</strong>poor not to go along as expected with a policy in <strong>the</strong>first place. Individual uncertainty about implementationencourages <strong>the</strong> majority to hold back supporting<strong>the</strong> reform, which creates a self-fulfilling prophecy<strong>of</strong> implementation slippage. Thus it is importantto look for interventions that promise short-termrewards for beneficiaries. Micro-finance, for example,can have an immediate (though perhaps notsustainable) effect on poor people’s consumption.308

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

Saved successfully!

Ooh no, something went wrong!