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flip side <strong>of</strong> forum shopping is that NGOs and humanrights stakeholder groups working on behalf <strong>of</strong><strong>the</strong> poor also have multiple venues to seek redress<strong>of</strong> <strong>the</strong>ir grievances, so, again, <strong>the</strong> implication isnot that institutional pluralism is inherently bad forLegal Empowerment <strong>of</strong> <strong>the</strong> Poor. Still, it is a complicatingfactor that makes empowerment policiestrickier to plan and execute.There may be temptation to clarify anambiguous informal legal structure simplyby replacing it with a more orderly statutory code,but as it might conceivably backfire on <strong>the</strong> poor,any approach must be carefully reasoned. Sudanis an acute case <strong>of</strong> what can happen when changeis suddenly rushed though. Urban elites in Sudanaggressively moved to take land at less than itstrue value by shifting land out <strong>of</strong> community-basedtenure systems and into a standardised Islamictenure system. The civil war that raged for years in<strong>the</strong> south <strong>of</strong> <strong>the</strong> country was set in motion for manyreasons, but one was <strong>the</strong> resistance by rural peopleto <strong>the</strong> imposition <strong>of</strong> an unfamiliar tenure systemthat destroyed <strong>the</strong>ir traditional land rights (Bruceet al. 1998: 195). The conflict in Sudan’s Darfurregion also grows in part out <strong>of</strong> conflicts aroundcompeting systems <strong>of</strong> land tenure, representedby group-based camel nomadism, on <strong>the</strong> onehand, and more individually oriented sedentarycultivation, on <strong>the</strong> o<strong>the</strong>r (Abdul-Jalil 2005).Ambiguity additionally clouds lines <strong>of</strong> accountabilityand responsibility among implementing agenciesand allows <strong>the</strong>m to ‘pass <strong>the</strong> buck’ during implementation.In post-tsunami Sri Lanka, <strong>the</strong> housingauthority allocated land to <strong>the</strong> displaced which waslater found to have been under claim by <strong>the</strong> municipalityas a waste dump, and had been classifiedby <strong>the</strong> water board as uninhabitable. Straighteningout mix-ups like this takes time and energy thatcould have been used more productively.DiscordThe distributional strife unear<strong>the</strong>d by policy ambiguityin countries such as Sudan merges into <strong>the</strong>third stylised internal influence on implementation,which is a policy’s inbuilt potential to generatedissension. An ‘iron law <strong>of</strong> public policy’ saysthat most acts <strong>of</strong> government, no matter what <strong>the</strong>broader merits, create winners and losers. If <strong>the</strong>gains and losses are seen as significant, <strong>the</strong>y willbecome <strong>the</strong> object <strong>of</strong> intense political attention.This is particularly likely where <strong>the</strong> policy redistributesa right or benefit from one group to ano<strong>the</strong>r,as happens when <strong>the</strong>re are mutually exclusiveclaims to a fixed resource such as fertile land orminerals. Legal Empowerment <strong>of</strong> <strong>the</strong> Poor attemptsto minimise redistributive conflicts by expandingeconomic opportunities so that different interestscan be negotiated to meet every side’s needs, but<strong>the</strong>re is still plenty <strong>of</strong> potential for confrontationbecause important stakeholders believe o<strong>the</strong>rs’gains come at <strong>the</strong>ir expense. The mutual pay<strong>of</strong>f tolegal empowerment is in <strong>the</strong> future, but <strong>the</strong> individualsacrifices must be borne now.A concrete example <strong>of</strong> this ‘iron law’ is <strong>the</strong> titlingand registration programmeme implemented in Perustarting in <strong>the</strong> 1980s. According to a World Bankreport, <strong>the</strong> main winners were: settlers, who accrued<strong>the</strong> economic and social benefits <strong>of</strong> formal ownership;<strong>the</strong> President <strong>of</strong> Peru, who earned <strong>the</strong> politicalcredit for <strong>the</strong> programmeme; local mayors, whoshared <strong>the</strong> political credit, and congressmen, whobacked <strong>the</strong> legal framework for formalization. Theprincipal losers were reportedly <strong>the</strong> public <strong>of</strong>ficialsin charge <strong>of</strong> regularisation processes who previouslybenefited from bribes; lawyers and notaries, who lost<strong>the</strong> monopoly <strong>the</strong>y enjoyed in <strong>the</strong> traditional registrationsystem, and former community leaders, whowere replaced by new leaders elected by <strong>the</strong> communitiesduring <strong>the</strong> reforms (Palacio 2006: 41).In conflict equations, defenders <strong>of</strong> <strong>the</strong> status quo310

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