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AcknowledgmentsSuccess in endeavours of this kind draws from the contribution of a very large number ofpeople. We name several of them below and apologise in advance to those whose namesare not mentioned.We acknowledge with thanks the valuable contributions of the working group chairs, rapporteurs,members of the working groups and associated experts.Chapter 1, Access to Justice and the Rule of Law, is the outcome of the working groupchaired by Commission member Lloyd Axworthy, former Minister of Foreign Affairs ofCanada and currently President and Vice Chancellor of the University of Winnipeg.Members and associated experts of the group included Maurits Barendrecht, Nina Berg,Christina Biebesheimer, James Goldston, Robert Kapp, Vivek Maru, Sam Mueller,Clotilde Medegan Nougbode, Richard E. Messick, Kathurima M’Inoti, Wendy Patten,Sonia Picado Robin Sully and Matthew C. Stephenson, who also served as its rapporteuruntil June 2007 after which the group was supported by Maurits Barendrecht and NinaBerg.Chapter 2, Property Rights, is the outcome of the working group chaired by Commissionmember Ashraf Ghani, Dean of Kabul University and former Minister of Finance ofAfghanistan. Members and associated experts of the group included Liz Alden Wily, BanashreeBanerjee, Karol Boudreaux, Wolfgang Bruelhart, Anis Dani, Maleye Diop, SusanaLastarria-Cornhiel, Jon Lindsay, Sylvia Martínez, Paul Monro-Faure, Edgardo MosqueiraMedina, Rehman Sobhan, Gerardo Solis, and Belinda Yuen. Francis Cheneval, whoserved as the rapporteur, succeeding Robert Mitchell, presented the group’s findings andrecommendations.Chapter 3, Labour Rights, is the outcome of the working group chaired by Commissionmember Allan Larsson, former Swedish Finance Minister and currently Chairman of theBoard, University of Lund, Sweden. Members and associated experts of the group includedAzita Berar-Awad, Haroon Bhorat, Steven Miller, Jamele Rigolini, Victor Tokman,and Rosanna Wong. Sandra Yu served as rapporteur until June 2007, after which MarthaChen and other members supported the group.Chapter 4, Business Rights, is the outcome of the working group chaired by Commissionmember Medhat Hassanein, formerly the Egyptian Minister of Finance. Members andassociated experts of the group include Martha Chen, Gabriel Daly, Claire More Dickerson,S Taher Helmy, Sunita Kapila, Arun Kashyap, Michael Henriques, Tanwir H Naqvi,Enrique Pasquel, Lucas Robinson, David Roll, Rehman Sobhan, Gerardo Solis, A JohnWatson. Asif Chida served as rapporteur.Chapter 5, Road Maps for Implementation of Reforms, is the outcome of the workingi
group chaired by Commission members Hilde Frafjord Johnson, former Norwegian Ministerof International Development, and Milinda Moragoda, Sri Lanka’s former Ministerof Economic Reforms, Science and Technology. Members and associated experts of thegroup included Maria Gonzalez de Asis, Christina Biebesheimer, Michael Bratton, DerickBrinkerhoff, Getachew Demeke, Lalanath de Silva, Philip Dobie, Szilard Fricska, TerenceJones, Daniel Kaufmann, Lily La Torre Lopez, Bruce Moore, Esther Mwaura-Muiru, SheelaPatel, Arjun Sengupta, and Anne Trebilcock. Bibek Debroy served as rapporteur until August2007 and was succeeded by Arthur Goldsmith.Several members of the Secretariat supported the work of the working groups. Specialthanks go to Cate Ambrose and Parastoo Mesri who assisted in the establishment andearly guidance of the groups and also to Veronique Verbruggen who supervised the workof the working groups from November 2006 to November 2007. We are thankful to themembers of the Secretariat for their tireless efforts, particularly to Timothy Dolan forthe production of this publication and Jill Hannon for Secreteriat management. Specialthanks also go to Kristin Cullison for her support of our work. A long list of interns, includingSabiha Ahmed, Shailly Barnes, Wanning Chu, Francesco Di Stefano, Patricia de Haan,Ruth Guevara, Alena Herklotz, Brian Honermann, Emily Key, Rajju Malla-Dhakal, FarzanaRamzan, Erica Salerno, Alec Schierenbeck, Asrat Tesfayesus, Tara Zapp, and Luis Villanueva,supported the Commission.Apart from participating as members in our Commission, several multilateral institutions supportedthe activities of the working groups. ILO hosted meetings of working group three onlabour and one meeting of working group four on business rights, UN-Habitat and the WorldBank provided technical expertise in several areas of the work of the working groups.We are grateful for the pro bono work carried out by Baker and McKenzie, and Lex Mundi.We extend special thanks to our donors Canada, Denmark, Finland, Iceland, Norway,Sweden, Switzerland, Ireland, Spain, the United Kingdom, the African Development Bankand the European Commission whose generous contributions helped to make this Commissiona reality and to the in-kind support provided by USAID.We are also grateful to UNDP and its Administrator, Kemal Dervis, , for hosting the Commission.We are especially grateful the role played by Olav Kjørven and Maaike de Langen.Last, but not least, thanks go to Tevia Abrams for his editorial work and Cynthia Spencefor the design and layout of this publication.Co-chair Executive Director Co-chairii
Page 2: Makingthe LawWork forEveryoneCopyri
Page 5: In reply to its expression of sorro
Page 9 and 10: so that their informal contracts ha
Page 11 and 12: Table of contentsChapter 1 Access t
Page 13 and 14: Reforming Rules Regarding Bearers a
Page 15 and 16: The Economics of Informality and th
Page 18 and 19: Taking Microcredit Out of the Ghett
Page 21 and 22: 5.6 Empowerment Domain 1: Access to
Page 23 and 24: 1. IntroductionThe Commission on Le
Page 25 and 26: Theoretical perspectives that infor
Page 27 and 28: long-term migrant or refugee popula
Page 29 and 30: digital camera that could be used t
Page 31 and 32: or social services fraud. Thus, alt
Page 33 and 34: 3. Strategies to CreateAffordable,
Page 35 and 36: is secured through social pressure
Page 37 and 38: sufficient guidance as to the best
Page 39 and 40: even better, by showing the ones wi
Page 41 and 42: A related option is teaching the po
Page 43 and 44: some other trusted service provider
Page 45 and 46: From an economic perspective this s
Page 47 and 48: 2007). Such mechanisms prove prefer
Page 49 and 50: can play an important role in mobil
Page 51 and 52: motives — such as the desire to m
Page 53 and 54: of some legal action brought by the
Page 55 and 56: 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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ut some community members report be
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efore taking on implementation, or
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Table 5.3. Political Administrative
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not give up their position willingl
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Box 5.5 Authority Systems: Land Rig
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Afinal source of complexity is that
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almost always have the upper hand b
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Table 5.4 Skeleton Diagnostic Tool:
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3.Roadmaps toImplementationReforms
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Table 5.5 Country Specific Implemen
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Table 5.7 Empowerment Domain 2: Pro
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Table 5.8 Empowerment Domain 3: Lab
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Table 5.10 LEP Implementation Strat
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plans, poverty reduction strategies
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Box 5.7 Land Sector Harmonisation,
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quality and utility in establishing
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Table 5.12 A Framework for a Demand
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Empowerment of the poor in the end
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4.Bring existing technical solution
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Annex 1: PolicyImplementation Tools
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MIS: A Management Information Syste
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Training (on leadership, group work
Page 365:
of labour disputes: An internationa
Page 368 and 369:
on whether patent and copyright pro
Page 370 and 371:
oads — cover only a limited numbe
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28 http://www.ilo.org/dyn/gender/ge
Page 374:
Ouchi, Fumika. 2004. Twinning as a
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