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.
<strong>of</strong> touch with <strong>the</strong> desires <strong>of</strong> <strong>the</strong> poor to get <strong>the</strong>state to provide services and benefits throughrecourse to client connections if necessary. At<strong>the</strong> same time, external change agents cannotignore <strong>the</strong> preconceptions and policy positions <strong>of</strong><strong>the</strong> international agencies that are funding <strong>the</strong>irwork with Legal Empowerment <strong>of</strong> <strong>the</strong> Poor. Theyneed to think about how to balance <strong>the</strong>se twoperspectives.8.Decentralise…except when it is better to centralise.A common <strong>the</strong>me in several WorkingGroup reports is <strong>the</strong> need to decentralise responsibility,resources and accountability for legalservice delivery to <strong>the</strong> lowest level at which <strong>the</strong>ycan be effectively managed. But decentralisationalso gives power to local elites opposed to <strong>the</strong>Legal Empowerment <strong>of</strong> <strong>the</strong> Poor agenda, so thisoption bears watching.9.Balance demand for change with <strong>the</strong> capacity toaccommodate change. The energy <strong>of</strong> <strong>the</strong> poor topinpoint solutions to <strong>the</strong>ir problems, to organise,and to engage in advocacy must be met withan equally receptive state. It is important togive attention to <strong>of</strong>ficial capacity to respond to<strong>the</strong> thrust for change coming upwards from <strong>the</strong>grassroots.10. Put toge<strong>the</strong>r informal and formal institutions.Informal institutions and authority can be <strong>of</strong>great utility in pursuing Legal Empowerment <strong>of</strong><strong>the</strong> Poor, but so can <strong>of</strong>ficial institutions. Policymakersneed to combine <strong>the</strong> best features <strong>of</strong>both to facilitate implementation.11. Look for cooperation, but anticipate confrontation.There are Legal Empowerment <strong>of</strong> <strong>the</strong>Poor policies where all sides can benefit, forinstance land readjustment which takes irregularlysub-divided land and reallocates itfor public and private use according to planningrequirements. However, practitioners alsoneed to face up to <strong>the</strong> fact that compromiseand mutual adjustment are not always going tohappen with Legal Empowerment <strong>of</strong> <strong>the</strong> Poor.The narrow technical and legal aspects may be<strong>the</strong> least controversial, but even those ultimatelyaffect <strong>the</strong> distribution <strong>of</strong> power withinsociety. Governments trying to implement anempowerment agenda have to figure out waysei<strong>the</strong>r to reimburse or to defuse those possiblydisadvantaged by <strong>the</strong> reforms. Managingpolitical risk throughout <strong>the</strong> implementationprocess, <strong>the</strong>refore, is critical.Tactical IdeasWhile walking <strong>the</strong> tightrope <strong>of</strong> <strong>the</strong>se strategicissues, change agents will also need to considerimplementation tactics. A list <strong>of</strong> common modes<strong>of</strong> action is presented below. These actions havebeen selected from materials put forward by all <strong>the</strong>working groups involved in <strong>the</strong> preparation <strong>of</strong> thisvolume, and are presented in no particular order.1.Be opportunistic. Take tactical advantage<strong>of</strong> opportunities as <strong>the</strong>y arise and do not beconstrained by a programmemed calendar <strong>of</strong>deliverables.2.Use plain and local language. One <strong>of</strong> <strong>the</strong> keyelements for national ownership is language:dialogue, debate and information sharing mustbe conducted in local languages; legal documentsshould be demystified by rendering <strong>the</strong>min layperson’s terms.3.Work with para-pr<strong>of</strong>essionals. A proposal raisedin several working group reports is to create anew generation <strong>of</strong> para-pr<strong>of</strong>essionals, who aretrained and possibly certified to respond to <strong>the</strong>day-to-day service requirements <strong>of</strong> <strong>the</strong> poor, butwho do not require <strong>the</strong> advanced studies <strong>of</strong> currentpr<strong>of</strong>essionals, which are <strong>of</strong>ten inappropriatelyscheduled, expensive and include subjects <strong>of</strong>limited relevance for <strong>the</strong> prospective client base.334