Download the file - United Nations Rule of Law
Download the file - United Nations Rule of Law
Download the file - United Nations Rule of Law
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
4. Customize <strong>the</strong> choice <strong>of</strong> monitoring methods to<strong>the</strong> needs and constraints <strong>of</strong> <strong>the</strong> implementingagencies.5. Delegate <strong>the</strong> 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 assessment<strong>of</strong> government implementation <strong>of</strong> <strong>the</strong> Legal Empowerment<strong>of</strong> <strong>the</strong> Poor recommendations is shownin Table 5.12, which is based on <strong>the</strong> framework <strong>of</strong><strong>the</strong> World Resources Institute’s Access InitiativeAssessment method. Each cell <strong>of</strong> <strong>the</strong> matrix hasbeen populated with an indicator to serve as anexample. Those undertaking <strong>the</strong> assessment canrank each metric based on research guidelines anddata collected. These assessments, when repeatedover time, will show whe<strong>the</strong>r and how well LegalEmpowerment <strong>of</strong> <strong>the</strong> Poor recommendations arebeing implemented. 12Monitoring <strong>of</strong> reforms will involve seeking answersto critical questions. Among <strong>the</strong> questions thatmay need to be posed are <strong>the</strong> following: Are <strong>the</strong>policy reforms really being implemented? And if so,do <strong>the</strong>y really matter? If <strong>the</strong>y do make a difference,how important is it? What are <strong>the</strong> gender impacts?Taking into consideration <strong>the</strong> multiple dimensions<strong>of</strong> policy reforms, <strong>the</strong> pace <strong>of</strong> implementation willlikely be gradual. There may not even be conspicuousimpact in <strong>the</strong> short-term. Therefore, in<strong>the</strong> monitoring <strong>of</strong> progress, it will be important toestablish process indicators, and to pursue monitoringactivities ei<strong>the</strong>r on a continuous or repetitivebasis. Fur<strong>the</strong>rmore, <strong>the</strong> entire set <strong>of</strong> measuringactivities — data collection, analysis, and interpretation— will need to be based on <strong>the</strong> country’snational priorities.6. Strategy and TacticsWe have reviewed <strong>the</strong> social, political and technicalfactors that stand in <strong>the</strong> way <strong>of</strong> poor people’slegal empowerment, and set forth broad ideasabout how to counter those forces. Change agentsmust put aside preconceived or uniform approachesto Legal Empowerment <strong>of</strong> <strong>the</strong> Poor to thinkcreatively about how to make Legal Empowerment<strong>of</strong> <strong>the</strong> Poor available, affordable and acceptablein <strong>the</strong>ir own specific context. They must be on <strong>the</strong>look out for unintended consequences, perverseincentives, and hidden agendas. Their initiativesmust be informed by pilot projects that can beamended if <strong>the</strong>y fail, and scaled-up and replicatedif <strong>the</strong>y work.In designing empowerment policies and decidingupon how to implement <strong>the</strong>m, change agents mustalways keep <strong>the</strong> following core values front andcentre:• Poverty reduction is <strong>the</strong> ultimate objective <strong>of</strong>Legal Empowerment <strong>of</strong> <strong>the</strong> Poor, so every reformmust be judged by <strong>the</strong> extent to which it impartsfreedom and allows poor people to gain morecontrol over <strong>the</strong>ir futures and to improve <strong>the</strong>irwell-being.• The peaceful struggle against impoverishmentmust be participatory, based on respect for humanrights, and with poor people playing activeroles along <strong>the</strong> way.• The gains <strong>of</strong> Legal Empowerment <strong>of</strong> <strong>the</strong> Poorshould be broad-based and take into account <strong>the</strong>diversity <strong>of</strong> disadvantaged groups, in particular,<strong>the</strong> indigenous people who are <strong>of</strong>ten inadvertentlyoverlooked by policymakers.• The gains also must include women; <strong>the</strong>refore,ano<strong>the</strong>r standard against which to measure LegalEmpowerment <strong>of</strong> <strong>the</strong> Poor policy is whe<strong>the</strong>r ittakes full account <strong>of</strong> gender-specific effects.332