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Download the file - United Nations Rule of Law

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most appropriate.• Although not quite presented as a toolkit, UNDP’sPractitioner’s Guide on Access to Justice can beinterpreted as a toolkit 15 This has <strong>the</strong> additionaladvantage <strong>of</strong> bringing in a pro-poor angle. ‘Themeaning <strong>of</strong> access to justice is interpretativeand contextual. When people think <strong>of</strong> ‘access tojustice’, <strong>the</strong>y are not necessarily thinking <strong>of</strong> <strong>the</strong>justice system. For example, a UNDP participatorysurvey on people’s perceptions <strong>of</strong> justice inIndia found that slum dwellers prioritised accessto justice with regard to economic issues, whereasmembers <strong>of</strong> marginalised castes highlighted<strong>the</strong> social dimensions <strong>of</strong> access, and indigenousminorities highlighted <strong>the</strong> political dimension.Therefore, <strong>the</strong> potential <strong>of</strong> formal and informalmechanisms to provide people with a sense <strong>of</strong>‘justice’ in a particular situation depends on <strong>the</strong>context, and is just one part <strong>of</strong> a bigger picture.’• The Asian Development Bank has a few toolkits in<strong>the</strong> general law area, but <strong>the</strong> most relevant one is<strong>the</strong> one on gender, law and policy 16 .Property rightsToolkits on property rights belong to different categoriesor segments — such as housing, land rights,minerals, forests and intellectual property. Among<strong>the</strong> major ones are <strong>the</strong> following:• The Housing and Land Rights Network (HLRN) <strong>of</strong><strong>the</strong> Habitat International Coalition (HIC) has a toolkitfor <strong>the</strong> ‘housing rights defender’ 17 — ‘At <strong>the</strong>end <strong>of</strong> <strong>the</strong> last century, close to 1.2 billion people<strong>of</strong> <strong>the</strong> world survived in housing conditions thatwere unhealthy and precarious, including 100 millionwho were homeless. At least 600 million urbanresidents in developing countries, with <strong>the</strong>senumbers swelling everyday, already live in housing<strong>of</strong> such poor quality and with such inadequate provision<strong>of</strong> water, sanitation and drainage that <strong>the</strong>irlives and health are under continuous threat.’• USAID has a toolkit for situations where <strong>the</strong>re isa link between land rights (or <strong>the</strong>ir lack) and conflict18 Today a ‘menu’ <strong>of</strong> approaches helps facilitatebroader access to land and engenders greaterequality in economic opportunity. In <strong>the</strong> past,land was typically taken from large landholdersand redistributed to <strong>the</strong> ‘land-needy’ by way <strong>of</strong>expropriation, usually with compensation or channelledthrough land funds. Increasingly, marketmediatedand community-managed efforts arebeing explored, including land rental market facilitation.There is a parallel USAID toolkit on <strong>the</strong>relationship between minerals and conflict 19 andyet ano<strong>the</strong>r one on forests and conflict. 20Labour rights• Core Labour Standards Handbook, co-publishedby ADB (Asian Development Bank) and ILO. 21• The Public-Private Infrastructure Advisory Facility<strong>of</strong> <strong>the</strong> World Bank group has a toolkit specificallyon <strong>the</strong> issue <strong>of</strong> how private participation in infrastructurecan affect <strong>the</strong> labour market, because<strong>of</strong> fears <strong>of</strong> job losses and changes in employmentstatus. 22 This is designed for policy-makers andpractitioners, especially in countries where <strong>the</strong>reis an absence <strong>of</strong> social safety nets.• The ADB has a toolkit, although it is described asa technical note, on labour issues in public sectorrestructuring. 23• ILO: Human Trafficking and Forced Labour Exploitation:Guidance for Legislation and <strong>Law</strong> Enforcement.24• D. Tajgman has edited, Extending Labour <strong>Law</strong> toAll Workers: Promoting Decent Work in <strong>the</strong> InformalEconomy in Cambodia, Thailand and Mongolia(ILO, Bangkok, 2006).• Ojeda Avilés, Métodos y prácticas en la soluciónde conflictos laborales: Un estudio internacional(ILO, Geneva, Dialogue Document No. 13, May2007). [Methods and practices in <strong>the</strong> resolution343

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