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Table 5.7 Empowerment Domain 2: Property RightsFramework of Opportunities and ProtectionsLegal Instruments Problem for Poor People Opportunities/Protections• Universal Declaration onHuman Rights (UDHR), ICCPR,CESCR• Habitat Agenda• Right to adequate housing,including security of tenure,General Comment 4 & 7• Pinheiro Principles onRestitution of Housing, Landand Property Rights• Extract from other internationalhuman rights treaties,conventions, declarations, etc(in particular Indigenous andTribal Peoples Convention,1969 (ILO Convention No. 169)• Insecurity of tenure• Forced evictions• Common-property appropriatedby the state• Non-respect for rights ofindigenous and tribal peoples• Legal and institutional barriers(path to property, overlappingmandates, professionalreluctance)• Lack of access to infrastructureand basic services• Lack of access to credit• Spectrum approach to security oftenure• Guidelines to promote due process inthe event of forced evictions• Pro-poor land and agrarian reforms• Joint titling and reform ofdiscriminatory inheritance laws andpractices regarding land• Skills development of paraprofessionals(e.g., ‘barefootsurveyors’)• Extending housing micro-finance‘down-market’• Community-based savings linked tourban poor fundswould enable residents to invest in improvementsto their home and community that would havebeneficial side effects on other aspects of their life,particularly health. As resources permit, securitycould be increased, facilitating further investments.This incremental process would help ensurethat the tenure increases take place at the pace ofthe urban poor and do not unintentionally result in‘downward raiding’ by the middle-class — possiblyresulting in market-based evictions of the poor.On the labour rights front, the major concern ishow to ensure decent work for all. The poor facenon-respect for fundamental principles and rightsat work, a lack of legal recognition of workers andtheir organisations in the informal economy (andto some extent in the formal economy), institutionaland regulatory issues, unsafe working conditions,the specific problems of vulnerable groups such aschildren, and the lack of social security and protection.As in the case of land, workers find themselvesin a range of situations, from those in which theyare denied all opportunities (being subjected toforced labour) to those in which they enjoy opportunitiesfor full and productive employment, accompaniedby basic security. Unlike land the spectrumfor legal empowerment in relation to rights at workshould focus on the extent of opportunity/protectionenjoyed by a particular worker or group of workers.This is to avoid formal legal classifications (‘casualwork’, ‘independent contractor’, etc.) which varyacross legal systems. Fundamental principles andrights at work are particularly vital in the market forunskilled labour that is the main source of incomefor the poor.In relation to labour issues, protection/security andopportunities could be mapped along an ‘upwardsarrow’ spectrum towards decent work for all (fulland freely chosen productive employment, carriedout in conditions of dignity, equity and security).Fundamental principles governing work (e.g.,freedom of association, freedom from forced labour,child labour and discrimination) involve both319
Box 5.6 Gold Rush in Mongolia: from Herders to ‘Ninjas’Harsh winters in Mongolia have been forcing traditionalherder families to eke out a living as informal miners.Workers laid off from formal mining sites were the firstto mine informally. From the green plastic containersthey wear on their backs in turtle style, they are knownas ‘ninjas’. An estimated 100,000 men, women andchildren engage in informal mining (the entire populationis only 2.7 million), producing the same level as formalmining companies. Exposure to mercury used to extractgold from the ore puts the miners, especially the children,at serious risk.The Mongolian Employers Federation (MONEF) has beenseeking a new law to govern informal mining. At the sametime, it has been raising awareness among the miningcompanies and providing chances for children of miningfamilies to receive education and training. Tripartitenegotiations (involving government, and employers’ andworkers’ representatives) agreed on changes to labour legislationthat would extend its reach to those in the informaleconomy and improve protection against the worst formsof child labour. So far, however, these initiatives have notbeen enacted into law.Such measures would help to fill a legislative gap thatemerged at the time of privatisation of mining in the1990s. Legislation on mining minerals and the peoplewho mine them provides an opportunity for coherencebetween policies on natural resource use, investment,property ownership, job creation for adults and labourprotection.Source: Damdinjav Narmandakh, ‘Extending labour protection to theinformal economy in Mongolia,’ in David Tajgman, ed., ExtendingLabour Law to All Workers: Promoting Decent Work in the InformalEconomy in Cambodia, Thailand and Mongolia (ILO, Bangkok, 2006),pp 105-153; ‘Gold rush in Mongolia: When shepherds become‘ninjas’.’ ILO: About the ILO, 2 Sept. 2005.opportunities and protections. For example, thelegal protection prohibiting children from engagingin the worst forms of child labour (that can stunttheir growth and condemn them to a life of povertyas unskilled workers) needs to be accompanied byopportunities to attend school and acquire marketableskills.Similarly, the exercise of freedom of associationgoes hand in hand with legal protections thatpermit easy registration of trade unions, smallemployers, cooperatives and small traders’ associations,whether they are in the formal or informaleconomies. The security/protection dimension hasobvious relevance in relation to protecting workers’health and ensuring a social floor that keeps themfrom falling back into poverty when a family healthemergency strikes. For example, the Zambian Congressof Trade Unions and the Alliance for ZambiaInformal Economy Associations launched a partnershipin 2002. (Another illustration from Mongoliais presented in Box 5.6.) Moreover, the ability toachieve decent work for all will be conditioned bythe job-creating or job-destroying effects of internationaland national macroeconomic policies, sothis dimension would need to be captured as wellTable 5.8 shows how labour rights can be mappedwith the protection and security available in variouslegal and other instruments and with the opportunitiesand protections implicit in the Legal Empowermentof the Poor agenda.Establishing entrepreneurial rights also impliesa broad policy reform agenda (Table 5.9). Withinthe mandate of the Commission, the major issuesfor poor business people include lack of recognitionand vulnerability, lack of credit and capital,absence of social security, lack of protection oflabour and of assets, and institutional barriers tothe formal economy such as complicated procedures(entry/exit, expansion of business contracts,conflict resolution). There would be a possiblespectrum from the street hawker or fisher without320
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Makingthe LawWork forEveryoneCopyri
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In reply to its expression of sorro
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group chaired by Commission members
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so that their informal contracts ha
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Table of contentsChapter 1 Access t
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Reforming Rules Regarding Bearers a
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The Economics of Informality and th
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Taking Microcredit Out of the Ghett
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5.6 Empowerment Domain 1: Access to
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1. IntroductionThe Commission on Le
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Theoretical perspectives that infor
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long-term migrant or refugee popula
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digital camera that could be used t
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or social services fraud. Thus, alt
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3. Strategies to CreateAffordable,
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is secured through social pressure
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sufficient guidance as to the best
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even better, by showing the ones wi
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A related option is teaching the po
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some other trusted service provider
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From an economic perspective this s
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2007). Such mechanisms prove prefer
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can play an important role in mobil
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motives — such as the desire to m
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of some legal action brought by the
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ernments may consider to remove art
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sations may make better decisions a
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ence others in the supply chain to
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ing access to justice for disadvant
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ardisation and simplification) and
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ary or informal systems, may improv
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Box 2 Coping with Legal Pluralism i
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cies (including local authorities)
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(ADB 2001b). These and other exampl
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e restructured in a way that reduce
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impact of a proposed action on some
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5. Conclusions andRecommendationsIn
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Chapter 1 Endnotes1 Excellent recen
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Lopez-de-Silanes, F. 2002. The Poli
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ChapterTWOEmpowering thePoor Throug
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the West, but that has made entire
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and insurance — to facilitate tra
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Table 1 Mapping the dynamics of leg
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creasing finance for land reform an
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I. IntroductionAs these lines are b
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contributed to its substance. But a
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sis to protect transactions or to p
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in their countries is added reason
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is concentrated in the hands of the
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property, contribute to the exclusi
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There may be sound policy reasons f
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system as a system of rules regardi
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Box 3 Namibian land reformIn Namibi
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Box 4 Focus AfricaCustomary rights
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property, some indigenous peoples a
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• Where consensus is hard to obta
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and the establishment of transparen
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which develop into a fully serviced
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Box 5 Sale of land: examples oflega
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as collateral more of the poor woul
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Enhancing Access to Land and Real P
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Box 8 Example of Singapore:public h
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Box 10 Slum upgradinginitiative in
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2. Pay Attention to Sequencing. The
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Foster Coalitions of Change in Favo
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Chapter 2 EndnotesUniversal Declara
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ers, refl ecting the allocation of
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ing industry through the scheme. (S
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193 See Tomlinson 2007.194 UN-ESCAP
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presented at the National Workshop
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Property Rights.’ At: http://www.
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Empowerment, issue 2, Oslo: 65-90.R
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ChapterTHREETowards a GlobalSocial
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and grounded in conditions of freed
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voluntary code-of-conduct initiativ
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outside their protective reach. The
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and sustainable solutions and peopl
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Segmentation in the Informal Labour
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Informalisation of Labour MarketsTh
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pation worldwide has given rise to
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through a variety of legal instrume
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Box 4 Social case for labourregulat
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Box 5 ILO Conventions and Recommend
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provision of full, productive, free
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Labour Conference in 1996, in recog
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different paths to enforcement, wit
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Table 1 Mean Measures of Regulation
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However, a more detailed examinatio
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countries this translates into unem
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legislative changes, it will critic
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6. Principles and practicesof Labou
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The Homeless People’s Federation
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Conclusions for national strategies
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tions and responsive mechanisms tha
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ticularly the prohibition of forced
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Annex 1:Recent and current initiati
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the following four-fold test: ‘(1
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Nations, the ILO and the World Bank
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able to go beyond general statement
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Case 8:Minimum Living Standard Secu
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Case 11:China’s positive response
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er, perhaps even prepaid, to ease t
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48 Including the UN funds, programm
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the Formal Economy and Informal Reg
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131—182.Sabel, C., D. O’Rourke,
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EXECUTIVE SUMMARY‘The opposite of
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vast majority earn their living in
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and economic activity. First, in or
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ment procurement, tax rebates, and
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developing countries, however, info
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of the provision of adequate infras
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preneurs and small sector enterpris
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negative manifestations of informal
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million persons and their dependent
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within which business operates offe
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developed countries. In 1998, women
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four percent employed in the public
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3.Business Rights:Unlocking Barrier
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Street VendorsCommon issues and cha
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Box 3 Most Difficult Places toDo Bu
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Case Study:Ukraine and Private Busi
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The Chart below captures broadly th
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in helping the poor create wealth.
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tively unknown markets that require
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Case Study:Linking Markets: Promoti
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micro-finance activities. Micro-fin
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Remittances — the transfer of fun
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Case Study:Durban: A Heterogeneous
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5. Institutional changesand legal t
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step toward this kind of structure.
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key topics in simple and clear lang
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oped as part of a long-term regulat
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cured creditors have priority to th
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• Access to improved skills and t
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Case Study:Identity, Voice, and Ass
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6. Pursuing the agenda forchangeOve
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Case Study:Technology and the Infor
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is not the aim to diminish the enor
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in risky environments — in urban
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accepted customary forms could mean
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Recommendations and Key MessagesObj
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Page 296 and 297: ChapterFIVERoad Maps forImplementat
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Page 304 and 305: 1. Introduction: Attributesof Legal
Page 306 and 307: 2. Implementation:Challenges andOpp
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Page 310 and 311: Figure 5.2 Influences on Policy Imp
Page 312 and 313: Table 5.2 Illustrative Stakeholder
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Page 336 and 337: 3.Roadmaps toImplementationReforms
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Page 356 and 357: 4.Bring existing technical solution
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Page 374: Ouchi, Fumika. 2004. Twinning as a
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