Q: Numerous governmental, non-governmental and multilateral initiatives are already working to alleviate poverty worldwide. Why establish a new Commission?
A: The Commission on the Legal Empowerment of the Poor will approach the issue of global poverty from a unique perspective: the link between poverty and the inability of the poor to access acceptable, legal structures to protect economic assets and support economic activities. Legal Empowerment’s work will complement, rather than duplicate, the efforts of other organizations.
Q: What is Legal Empowerment’s mission?
A: Legal Empowerment’s unique mission is built on the conviction that poverty can only be eradicated if governments give all citizens, especially the poor, a legitimate stake in the economy by extending access to property rights and other legal protections to populations and areas currently not covered by the rule of law.
Legal reforms will allow people in the informal sector in developing countries to acquire rights that we take for granted, to protect them against oppression, and to make them less vulnerable. Some work has already been done in this field, but Legal Empowerment will coordinate these efforts and the lessons learned, actively engaging stakeholder groups including indigenous peoples, women, displaced populations, informal sector associations and federations, labor unions, cooperatives and others.
Q: What is the link between poverty and the rule of law?
A: Billions of people worldwide, particularly in developing countries, lack legal protection of their economic assets and transactions. Securing the right to property for individuals and securing the right of local communities to manage and use land and natural resources according to their needs and priorities can be key catalysts for improving livelihoods and stimulating economic development for and by the poor themselves. Legal inclusion is essential for people living in poverty -- in what economists refer to as the “informal sector” -- to protect them against oppression, create economic opportunities, and enable them to benefit from a system of laws. This is not least frequently articulated by the poor themselves.
Q: Does Legal Empowerment believe the major problem is a lack of adequate legal protections for the poor or the existence of dysfunction, unworkable legal structures in poorer nations?
A: It’s both. Citizens who live and work in the “informal sector” are locked out of recognized legal protections and economic benefits of the formal sector. However, in many developing countries, the formal sector suffers from a patchwork of conflicting, confusing and bureaucratic rules and procedures that hinder economic development.
Q: For years, many anti-poverty efforts have assumed that poor populations lack a basic understanding of and appreciation for market-oriented structures found in Western economic systems. Are cultural differences at the root of the problem?
A: To the contrary, there is ample evidence that even the poorest people of the world develop their own “informal” rules in order to document property rights, leverage their assets, resolve economic disputes, and establish rules for conducting business. The problem is two-fold:
- These rules exist outside of the “formal sector” and therefore, are usually not accepted or recognized by legal authorities; and
- While these individuals may control assets and property, they have little ability to create economic opportunities because their assets and property remain outside the system governed by the rule of law.
Q: How does Legal Empowerment plan to work on the issue of legal empowerment of the poor?
A: The Commission on Legal Empowerment of the Poor will begin by compiling an inventory of lessons learned from those governments that have sought to extend legal protection to the informal sector. This on-the-ground research will help guide Legal Empowerment’s work. Among the other tasks the group intends to pursue are generating political support for broad reforms that will ensure the legal inclusion and empowerment for the poor; exploring a range of interventions and reforms that should complement and underpin the broadening of access to property rights in order to expand real inclusion and opportunity; examining which types of structures can best promote economic growth; identifying ways to support other development approaches; and producing a comprehensive set of practical, adaptable tools that will guide policymakers’ reform efforts at the country level.
Q: Is the Commission on Legal Empowerment of the Poor hoping to achieve global, regional, national or local change?
A: All of the above, but in different ways. We expect to generate tools that can be adapted to local conditions, both at the national and regional levels. In addition, the broad involvement of organizations from all parts of the world is anticipated to lead to an exchange of ideas and reforms worldwide.
Q: What is the structure of the Commission on Legal Empowerment of the Poor?
A: Legal Empowerment will operate as an independent entity. However, the United Nations Development Programme (UNDP) in its capacity as chair of the UN Development Group, has offered to support both the preparatory process for establishing Legal Empowerment and its work going forward. The United Nations Economic Commission for Europe (UNECE) will also play an important role, in light of the special competencies that UNECE has developed in supporting countries in the transition towards a market economy.
Q: Who is funding Legal Empowerment’s work?
A: Legal Empowerment is being funded by voluntary financial contributions and in-kind support from the private and public sectors, including the governments of Canada, Denmark, Egypt, Finland, Guatemala, Iceland, India, Norway, Sweden, South Africa, Tanzania and the United Kingdom, as well as the United States Agency for International Development.
Q: Is Legal Empowerment’s principle goal to secure property rights for the world’s poor populations?
A: Legal Empowerment will focus on a broad range of legal rights that allow individuals to participate in and benefit from economic activity in their respective countries. While Legal Empowerment’s work will not be limited to property rights, this will be an important issue because legal protection of property is often the first step in bringing poor and disenfranchised populations into an economic system governed by the rule of law.
Q: How will Legal Empowerment’s work be organized?
A: Much of Legal Empowerment’s work will be conducted through smaller Working Groups and national and regional consultation processes. The Working Groups will be organized around different areas of technical expertise (rule of law and access to justice; property rights; labor rights and entrepreneurship).These Working Groups will solicit views and inputs from various non-governmental organizations and multilateral agencies such as the World Bank, the International Labor Organization and UN Habitat. The national and regional consultation processes will bring together high-level policymakers and representatives of the poor in Africa, the Americas, Asia and Europe, to anchor the work of Legal Empowerment in local realities.
Q: How did the idea for Legal Empowerment originate?
A: The Government of Norway, along with other Nordic countries, played a key role in defining the need for Legal Empowerment. With support from Canada, Egypt, Guatemala, Tanzania and the United Kingdom, a proposal was presented to the UN Secretary-General, who welcomed it as an important contribution to the fight against poverty.
Q: Who leads the Commission on Legal Empowerment of the Poor and how were members appointed?
A: Legal Empowerment is co-chaired by former U.S. Secretary of State Madeleine Albright and Peruvian economist Hernando de Soto, both of whom helped solicit members. Among Legal Empowerment’s members are former heads of state and senior policy makers with proven track records in executing challenging policy initiatives and reform programs in their countries. Many also have significant experience in working with and on behalf of poor and excluded population groups both globally and in their own countries. By design, the membership reflects a broad diversity of perspectives and experiences from all regions of the world.
