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Table 5.12 A Framework for a Demand-Led Assessment of ImplementationAccess toJusticeE.g., To whatextent does thelaw recognizethe right of apoor person tobe registeredat birth?E.g., In theinstant case,how affordablewas theregistrationprocess to thepoor persons?Asset holdingRightsE.g., To whatextent doesthe law protectpoor tenantsfrom eviction?Labour RightsEntrepreneurialRightsE.g., To whatextent does thelaw mandate thereduction of costof registering abusiness belongingto a poor person?E.g., in the instantcase to what extenthas the relevantgovernment agencydecentralisedits businessregistration processto give access tothe poor?CapacityDevelopmentE.g., To whatextent does thelaw mandategovernmentinstitution tosimplify proceduresfor the poor?E.g., To whatextent does thegovernmentprovide training toits staff on legalempowerment ofthe poor?E.g., To whatextent does thegovernmentprovide accessibleguidance to thepoor on servicesavailable to themfrom governmentagencies?LawE.g., To whatextent doesthe lawextend labourstandards tothe informaleconomy?E.g., to whatextent doesthe relevantgovernmentagency monitorcompliancewith labourlaws in theformal andinformaleconomyGovernmentimplementationeffortsE.g., In theinstant caseto whatextent has thegovernmentdocumentedtenure rights ofthe poor?EffectivenessE.g., In theinstant case,to what extentwas the poorperson ableto affect theregistration?E.g., In theinstant case,to what extentwas the poorperson ableto retainpossession ofthe property?E.g., to whatextent was thepoor personworking inthe formal orthe informaleconomyable to enjoythe benefitsof labourprotectionlaws?E.g., To what extentwas the poor personin the instant caseable to affect theregistration of his/her business?E.g., To what extentwas the poor personin the instant caseaware of their legalrights?an easier grasp of what needs to be monitored.2. Make the use of qualitative rather than quantitativeapproaches in monitoring the system, asthey offer a more complete and nuanced set ofdata that are numeric and narrative.3. Engage implementing parties and beneficiariesin the draw up of the monitoring systems andmethodologies and acquire feedback. Thiswill simplify the process of tracking previouslyidentified indicators. Focus group discussions,workshops and other similar methods can beused to ensure participation.331
4. Customize the choice of monitoring methods tothe needs and constraints of the implementingagencies.5. Delegate the monitoring process to an externalbody selected from civil society organisations,think tanks and advocacy groups, to ensuregreater independence, transparency and accountability.A possible framework for a demand-led assessmentof government implementation of the Legal Empowermentof the Poor recommendations is shownin Table 5.12, which is based on the framework ofthe World Resources Institute’s Access InitiativeAssessment method. Each cell of the matrix hasbeen populated with an indicator to serve as anexample. Those undertaking the assessment canrank each metric based on research guidelines anddata collected. These assessments, when repeatedover time, will show whether and how well LegalEmpowerment of the Poor recommendations arebeing implemented. 12Monitoring of reforms will involve seeking answersto critical questions. Among the questions thatmay need to be posed are the following: Are thepolicy reforms really being implemented? And if so,do they really matter? If they do make a difference,how important is it? What are the gender impacts?Taking into consideration the multiple dimensionsof policy reforms, the pace of implementation willlikely be gradual. There may not even be conspicuousimpact in the short-term. Therefore, inthe monitoring of progress, it will be important toestablish process indicators, and to pursue monitoringactivities either on a continuous or repetitivebasis. Furthermore, the entire set of measuringactivities — data collection, analysis, and interpretation— will need to be based on the country’snational priorities.6. Strategy and TacticsWe have reviewed the social, political and technicalfactors that stand in the way of poor people’slegal empowerment, and set forth broad ideasabout how to counter those forces. Change agentsmust put aside preconceived or uniform approachesto Legal Empowerment of the Poor to thinkcreatively about how to make Legal Empowermentof the Poor available, affordable and acceptablein their own specific context. They must be on thelook out for unintended consequences, perverseincentives, and hidden agendas. Their initiativesmust be informed by pilot projects that can beamended if they fail, and scaled-up and replicatedif they work.In designing empowerment policies and decidingupon how to implement them, change agents mustalways keep the following core values front andcentre:• Poverty reduction is the ultimate objective ofLegal Empowerment of the Poor, so every reformmust be judged by the extent to which it impartsfreedom and allows poor people to gain morecontrol over their futures and to improve theirwell-being.• The peaceful struggle against impoverishmentmust be participatory, based on respect for humanrights, and with poor people playing activeroles along the way.• The gains of Legal Empowerment of the Poorshould be broad-based and take into account thediversity of disadvantaged groups, in particular,the indigenous people who are often inadvertentlyoverlooked by policymakers.• The gains also must include women; therefore,another standard against which to measure LegalEmpowerment of the Poor policy is whether ittakes full account of gender-specific effects.332
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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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Chapter 4 Endnotes1 A business has
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than the rich. It further demonstra
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______., ‘Ghana Decent Work Pilot
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ChapterFIVERoad Maps forImplementat
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Following the contextual analysis
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establish a ‘legal empowerment pr
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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 324 and 325: Table 5.3. Political Administrative
Page 326 and 327: not give up their position willingl
Page 328 and 329: Box 5.5 Authority Systems: Land Rig
Page 330 and 331: Afinal source of complexity is that
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Page 334 and 335: Table 5.4 Skeleton Diagnostic Tool:
Page 336 and 337: 3.Roadmaps toImplementationReforms
Page 338 and 339: Table 5.5 Country Specific Implemen
Page 340 and 341: Table 5.7 Empowerment Domain 2: Pro
Page 342 and 343: Table 5.8 Empowerment Domain 3: Lab
Page 344 and 345: Table 5.10 LEP Implementation Strat
Page 346 and 347: plans, poverty reduction strategies
Page 348 and 349: Box 5.7 Land Sector Harmonisation,
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Page 356 and 357: 4.Bring existing technical solution
Page 358 and 359: Annex 1: PolicyImplementation Tools
Page 360: MIS: A Management Information Syste
Page 363 and 364: Training (on leadership, group work
Page 365: of labour disputes: An internationa
Page 368 and 369: on whether patent and copyright pro
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Page 374: Ouchi, Fumika. 2004. Twinning as a
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