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oads — cover only a limited number of countries.The one that can be used freely is Freedom in theWorld, in existence since 1978 and now with adatabase of 192 countries. There are two separatequestions on whether there are free professionaland other private organisations and whether thereare free businesses or cooperatives. There is alsoa question on whether there is freedom from extremegovernment indifference, and corruption. 81• Since 2004, Transparency International and Galluphave the Global Barometer Survey for 69 developedand developing countries. There are fiveseparate questions on percentage who believe thegovernment is corrupt, frequency of corruption,frequency of household bribery, extent of grandcorruption and extent of petty corruption. 82• Since 1996, Global Insight’s Global Risk Servicecovers 117 developed and developing countriesand has a question on costs of corruption. 83• Since 1996, Global Insight’s Business Conditionsand Risks Indicators, covers 202 developedand developing countries. This has two separatequestions on whether the necessary business lawsare in place and whether there are outstandinggaps and on corruption. 84• Since 1995, Heritage Foundation and the WallStreet Journal produce an index of economic freedomthat covers 161 countries. This has a questionon corruption. 85• Since 1996, Institute for Management Developmentbrings out a World Competitiveness Yearbookthat has data on 49 developed and developingcountries. This has three separate questionson ease of starting a business, the size of the paralleleconomy and bribery and corruption. 86• Since 1982, Merchant International Group Limitedhas data for 155 developed and developingcountries. This has a question on corruption. 87• Since 1982, Political Risk Services producesdata on country risks. The financial and economicrisk categories don’t interest the Commission. Butwithin the political risk category (140 developingand developed countries), there is a question oncorruption. 88• The World Bank’s World Business EnvironmentSurvey has existed since 1998 and covers 80 developedand developing countries. This has questionson regulations on starting new businesses,dishonesty in courts, frequency of additional payments,corruption as obstacle to business andbribery. 89• Since 1996, World Economic Forum has broughtout the Global Competitiveness Report and thiscovers 104 developed and developing countries.This has questions on ease of starting a company,burden of administrative regulations, percentageof firms that are unofficial/unregistered, frequencyof bribery, frequency of firms making extra paymentsand the extent to which firms’ illegal paymentsor influence impose costs on other firms. 90349
Chapter 5 Endnotes1 These international agreements include the UniversalDeclaration of Human Rights (UDHR), the International Covenant onCivil and Political Rights (ICCPR) and the International Covenant onEconomic and Social Rights (ICESR), ILO fundamental Conventionson freedom of association/collective bargaining, and elimination offorced labour, child labour and discrimination; and for indigenouspeoples, the Indigenous and Tribal Peoples Convention, 1989(ILO Convention No. 169). In addition, there is an internationallyrecognised ‘Right to Adequate Housing,’ which includes security oftenure as one of its six components.2 Two useful approaches to analysing stakeholder interestsin development are DFID’s drivers of change (http://www.gsdrc.org/go/topic-guides/drivers-of-change) and SIDA’s power analysis(http://www.sida.se/sida/jsp/sida.jsp?d=118&a=24300&language=en_US).3 Stakeholder analysis is a standard strategic management tool.It is often applied to development programmes and policies. See,for example, the Overseas Development Institute’s Tools for PolicyImpact. Start and Hovland. 2004 and Chapter 5 of the InternationalDevelopment Research Centre’s text on Cultivating Peace, by(Ramirez. 1999. Also see Bianchi and Kossoudji, 2001.4 ‘Rent seeking’ refers to efforts to get government to createeconomic rents, which can then be captured for private gain.Economic rent is simply extra income that would not exist in acompetitive marketplace. Rent-seeking behavior benefi ts theindividual doing it, but is a loss for society due to the ineffi ciencies itcreates.5 Where a country has ratifi ed the United Nations Convention onCorruption (140 have done so to date), formal political commitment(if not true political will) already exists to fi ght corruption.6 There are tools that have been used for refugee return andrestitution in the Balkans and in Afghanistan that are useful in thisregard (e.g., Aursnes and Foley 2005).7 This typology is based on one that fi rst appeared inWilson.1973., ch. 16. Similar matrixes are widely used in publicadministration and development texts (e.g., Brinkerhoff and Crosby2002).8 A side payment is a term from game theory referring to acompensation paid to the game’s loser. Logrolling is the exchangingof political favours to support projects that are of interest only to oneside or the other.9 See for example the work of the ‘Barefoot College’ (Social Workand Research Centre) in Vilonia, Rajasthan, India.10 Development practitioners wanting to mix and match toolsmay refer to the following easily found toolkits and handbooks: TheAccess Initiative Assessment Toolkit (www.accessinitiative.org/how_to_guide.html); the World Bank/International Council on Miningand Metals Community Development Toolkit (http://www.icmm.com/library_pub_detail.php?rcd=183); the UNDP’s Practitioner’s Guide onAccess to Justice (www.undp.org/governance/guidelines-toolkits.htm);the Housing and Land Rights Network of the Habitat InternationalCoalition toolkit for the ‘housing rights defender’ (www.toolkit.hlrn.org/English/start.htm); the Overseas Development Institute’s Researchand Policy in Development (RAPID) Toolkits (http://www.odi.org.uk/publications/toolkit2.html); USAID’s toolkit for situations where thereis a link between land rights (or their lack) and confl ict (www.usaid.gov/our_work/cross-cutting_programmes/confl ict/publications/docs/CMM_Land_and_Confl ict_Toolkit_April_2005.pdf); the Core LabourStandards Handbook, co-published by the Asian Development Bankand ILO (www.adb.org/Documents/Handbooks/Core-Labor-Standards/default.asp); the ILO’s toolkit for mainstreaming employmentand decent work: http://www.ilo.org/public/english/bureau/dgo/selecdoc/2007/toolkit.pdf; Transparency International’s corruptionfi ghters’ toolkits for monitoring public institutions and demandingand promoting accountable and responsive public administration(www.transparency.org/tools/e_toolkit); the CIVICUS and Aga KhanFoundation resource mobilisation toolkit (http://www.akdn.org/agency/akf_trainer.html). See Annex 2 for a comprehensive inventory oftoolkits.11 Available at http://go.worldbank.org/KUDGZ5E6P0.12 The World Resources Institute is one organisation that hasdeveloped participatory monitoring and evaluation techniques. Thesemay be adapted for use in Legal Empowerment of the Poor activitiesto help countries track progress (and lost ground), and allow themensure that reforms actually do lead to empowerment of the poor. Alsosee the Participatory Methods Toolkit prepared by the King BaudouinFoundation and the Flemish Institute for Science and TechnologyAssessment: http://www.viwta.be/fi les/ToolkitPartAssessment.pdf.13 www.accessinitiative.org/how_to_guide.html .14 www.unodc.org/unodc/criminal_justice_assessment_toolkit.html15 Programmeming for Justice: Access for All, UNDP, 2005, www.undp.org/governance/guidelines-toolkits.htm, especially Chapter 2.16 Gender, Law, and Policy in ADB Operations: A Tool Kit, 2006,www.adb.org/Documents/Manuals/Gender-Toolkit/Gender-Law-Policy-Toolkit.asp17 The Housing and Land Rights monitoring ‘Toolkit’, 2005, www.toolkit.hlrn.org/English/start.htm18 Land & Confl ict, A Toolkit for Intervention, USAID, 2005, www.usaid.gov/our_work/cross-cutting_programmes/confl ict/publications/docs/CMM_Land_and_Confl ict_Toolkit_April_2005.pdf19 Minerals & Confl ict, A Toolkit for Intervention, USAID, 2004,www.iisd.org/pdf/2004/envsec_minerals_confl ict.pdf20 Forests & Confl ict, A Toolkit for Intervention, USAID, 2005, www.usaid.gov/our_work/cross-cutting_programmes/confl ict/publications/docs/CMM_Forests_and_Confl ict_2005.pdf21 Core Labour Standards Handbook, ADB and ILO, 2006, www.adb.org/Documents/Handbooks/Core-Labour-Standards/default.asp.22 Labour Issues in Infrastructure Reform: A Toolkit, PPIAF, 2004,www.ebookmall.com/ebook/168641-ebook.htm23 Labour Issues in Public Enterprise Restructuring, TechnicalNote, Asian Development Bank, 2006, available at www.adb.org/Documents/Reports/Labor-Issues-PublicEnterpriseRestructuring/Labor-Issues-PER.pdf24 Geneva 2005.25 http://www.ilo.org/dyn/infoecon/iebrowse.search?p_lang=en26 http://www.ilo.org/public/english/dialogue/ifpdial/llg/index.htm27 http://www.ilo.org/ipecinfo/product/viewProduct.do;jsessionid=0a038009ce90d3a489e22af427195a29dfeb2dc51ec?productId=3060350
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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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cymakers must tailor their empowerm
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Page 374: Ouchi, Fumika. 2004. Twinning as a
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