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Download the file - United Nations Rule of Law

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Table 5.4 Skeleton Diagnostic Tool:Analysing Influences on Policy Implementation cont.Questions (list is not comprehensive)Effect on ImplementationNegative Positive NeutralPolicy Characteristics cont.Where did <strong>the</strong> impetus for <strong>the</strong> policy come from?Who decided to pursue <strong>the</strong> policy, how, and why?What is <strong>the</strong> nature <strong>of</strong> <strong>the</strong> policy benefi ts, and to whom do <strong>the</strong>y accrue (disaggregated bysex, age and ethnicity)?What is <strong>the</strong> nature <strong>of</strong> <strong>the</strong> costs <strong>of</strong> <strong>the</strong> policy reform, and who bears <strong>the</strong>m(disaggregated by sex, age and ethnicity)?What is <strong>the</strong> degree and complexity <strong>of</strong> <strong>the</strong> changes brought about by <strong>the</strong> new policy?How administratively intense or technically complex is <strong>the</strong> new policy?— recognising that some confrontation is unavoidableand that it might even prove productive inmoving <strong>the</strong> empowerment agenda forward. Obviously,what for works for Legal Empowerment <strong>of</strong><strong>the</strong> Poor in country ‘X’ may be irrelevant in country‘Y’ with a very different social structure, economicenvironment and universe <strong>of</strong> stakeholder groups.The procedures in determining a suitable LegalEmpowerment <strong>of</strong> <strong>the</strong> Poor strategy might look alikein <strong>the</strong>se two locations, but <strong>the</strong> substance <strong>of</strong> <strong>the</strong>outcome would be sharply different. And in allcases, <strong>the</strong> process is messy and imprecise, yieldingonly what would appear to be <strong>the</strong> best fitting policiesgiven <strong>the</strong> imperfect information available topolicymakers at <strong>the</strong> time and <strong>the</strong> current politicalrealities.impediments to Legal Empowerment <strong>of</strong> <strong>the</strong> Poorimplementation. That is <strong>the</strong> subject <strong>of</strong> Section 3.Without looking beyond <strong>the</strong> generic influence onimplementation to any specific cases, we can seethat <strong>the</strong> legal empowerment movement has takenon a stiff but not infeasible implementation challenge.We have placed much stress on <strong>the</strong> needfor imaginative and adaptable policymaking, butto help imagination along it is imperative to havea number <strong>of</strong> rough roadmaps that will help totake policymakers around some <strong>of</strong> <strong>the</strong> pitfalls and314

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