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on whether patent and copyright protection isadequately enforced. 61• The World Bank’s World Business EnvironmentSurvey has existed since 1998 and covers 80developed and developing countries. This hastwo questions on confidence in the judicial systemin ensuring property rights and violation ofpatents. 62• Since 1996, World Economic Forum has broughtout the Global Competitiveness Report and thiscovers 104 developed and developing countries.This has questions on protection of financial assetsand protection of intellectual property. 63• UNDP’s Human Development Report (HDR) hasbeen in existence since 1990 and now covers177 countries. This has data on patents grantedto residents. 64• The International Property Rights Index (IPRI) isextremely new, 2007 being the first year whenthe index was constructed for 70 countries.It covers both physical property rights (PPR)and intellectual property rights (IPR) and alsoincludes a third category titled Legal and PoliticalEnvironment (LP), IPRI being obtained byaggregating across all three categories. 65• Centre on Housing Rights and Evictions (COHRE)has been collecting national data regardingevictions for several years. 66 As ‘freedom fromevictions’ should be the minimum set of ‘protections/security’to which anyone is entitled, thisindicator is vital to assessing the state of legalempowerment regarding land and property rights.COHRE has also developed a tool for monitoringthe ‘Right to Adequate Housing’ which includes asub-index on ‘security of tenure’.• International Land Coalition/CAPRi (Collective Actionon Property Rights) are developing an indexfor common property resources, a crucial issuefor many rural communities, including indigenousgroups. 67• African Union, the Economic Commission for Africa,Millennium Challenge Corporation, the UN-HABITAT, and World Bank map land indicators forAfrica. A joint initiative to develop a comprehensiveset of land indicators for Africa is to be linkedto, inter alia, the African Peer Review Mechanismand the Expert Group meeting will be held on 3-4May 2007.• UN-HABITAT Global Urban Observatory has beendeveloping a Secure Tenure Index to monitor Target11 of the MDGs related to the slum challenge.Secure land tenure is the proxy for the achievementof progress in this target. 68• UN-HABITAT Housing Rights Indicators (HRI)is under development, with the United NationsHigh Commissioner for Human Rightsand includes an indicator related to security oftenure. 69Labour rights• Since 1997, Economist Intelligence Unit (EIU)has a database on the economic and businessenvironment in 120 developed and developingcountries. There is a question on freedom of association.70• Freedom House has three separate rankings, buttwo — nations in transit and countries at thecrossroads — are only used for a limited numberof countries. The one most frequently used isFreedom in the World, in existence since 1978,and now with a database of 192 countries. Thereis a question on whether there are free tradeunions or peasant organisations or their equivalentsand whether there is effective collective bargaining.There is yet another question on whetherthere is equality of opportunity, which includesfreedom from exploitation by, or dependency on,landlords, employers, union leaders, bureaucratsor any other obstacle that prevents access to legitimateeconomic gains. 71347
• Since 1996, Institute for Management Developmentbrings out a World Competitiveness Yearbookthat has data on 49 developed and developingcountries. This has a question on whetherlabour regulations hinder business activities. 72• UNDP’s Human Development Report (HDR) hasbeen in existence since 1990 and now covers177 countries. Data on ratification of some conventions(child labour, elimination of discriminationagainst women, elimination of forced andcompulsory labour, freedom of association andcollective bargaining, elimination of all forms ofracial discrimination can be used). 73• The ILO database can be extensively used. Indicatorsare broadly of two categories: those thatcontain information on ratification of selectedinternational labour conventions, and those thatmeasure specific aspects of work, often linked topoverty/empowerment and the lack thereof. Internationallabour conventions set minimum standards,and information on ratification is availablefor 180 member countries. 74 Ratification doesn’tsolve the problem of implementation per se, butratification in itself signifies political will. Theratified convention database can be divided intothree broad segments, beyond which there is arich database on statistics: 751. Eight fundamental conventions that concernfundamental principles and rights atwork, such as Conventions 29 and 105 onelimination of forced labour, Conventions 138and 182 on child labour, Conventions 100and 105 on discrimination in employment andprotection, and Conventions 87 and 98 onfreedom of association and right to engage incollective bargaining.2. Conventions that provide a basic institutionalframework aimed at protecting againstexploitation, such as Convention 95 on protectionof wages, Convention 155 on occupationalsafety and health, Convention 81 onlabour inspection, Convention 129 on labourinspection for agriculture, Convention 144 ontripartite consultation, and Convention 122 onemployment policy.3. Conventions that address situations thatoverlap with poverty, as, for example, Convention149 on indigenous and tribal people, 76Conventions 97 and 143 on migration foremployment and migrant workers, Convention183 on maternity protection, and Convention137 on rural workers’ organisations.Business• Business Environment Risk Intelligence’s OperationRisk Index (ORI) has data on 50 countriessince 1996 and has a question on bureaucraticdelays. 77• Columbia University’s State Capacity Survey hasdata since 1999, on 108 countries and has aquestion on the severity of corruption within thestate and several separate questions on nepotism,cronyism and patronage. 78• The World Bank’s Country Policy and InstitutionalAssessment (CPIA) database has data on 136 developingcountries; the creation of the databasegoes back to the late 1970s. There is a questionon transparency, accountability and corruption inthe public sector. 79• Since 1997, Economist Intelligence Unit (EIU)has a database on the economic and businessenvironment in 120 developed and developingcountries. There are three separate questions onorderly transfers, vested interests and accountabilityof public officials. There is a separate questionon excessive bureaucracy/red tape. There isa separate question on corruption among publicofficials. 80• Freedom House has three separate rankings, buttwo nations in transit and countries at the cross-348
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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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targeted indicators endorsed by nat
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1. Introduction: Attributesof Legal
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2. Implementation:Challenges andOpp
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nature need to be rewritten or abol
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Figure 5.2 Influences on Policy Imp
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Table 5.2 Illustrative Stakeholder
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effective land control does not nec
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actors and assuming they will behav
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Page 336 and 337: 3.Roadmaps toImplementationReforms
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Page 342 and 343: Table 5.8 Empowerment Domain 3: Lab
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Page 348 and 349: Box 5.7 Land Sector Harmonisation,
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Page 374: Ouchi, Fumika. 2004. Twinning as a
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