Our Perspective

access to justice and rule of law

Land and property governance – a matter of development and human rights

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Access to land for women is a key development issue. Photo: Prashanth Vishwanathan/ UNDP India

Although more than 115 nations recognize, in their legal frameworks, women’s equal rights to property and inheritance, in many countries women continue to face discrimination when it comes to land and property rights, Land plays a critical economic, environmental, social, cultural and political role in the development of states and people. Control of land and related natural resources is linked to power and identity, and can be a source of conflict and crisis. Land and natural resource management also lie at the core of ensuring environmental sustainability, including the maintenance of ecosystems and biodiversity. For indigenous and tribal communities, access to land and the protection of their traditional tenure practices are critical to their existence and identity. Failed land policies can also cause massive migration of workers from rural to urban areas. Having access to land and security of tenure provides a gateway to a range of economic, social, civil and political rights. Hence, when people, in particular indigenous communities, women, the rural poor or urban slum dwellers achieve secure access to land or property, they can start to enjoy a greater sense of economic security, improve their livelihoods, but importantly also, gain capacity, interest and influence in decision-making. We have... Read more

Rule of Law and quality public services are key enablers of development

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A worker tallies the trucks at the Santo Nino dump site in Tacloban, Philippines. (Photo: Lesley Wright/UNDP Philippines)

It is no longer enough for individuals to just receive services. It is equally, if not more important, to pay attention to service quality, as well as the quality of communication between public service providers and the people they serve. To bridge the knowledge gap on how to situate, understand and act on Rule of Law challenges in public administration, we developed a self-assessment tool for governments, in cooperation with the Swedish Folke Bernadotte Academy  . This measurement tool uses six clearly defined Rule of Law principles: legality, accessibility, transparency, the right to be heard, the right to appeal, and accountability. The tool assesses ‘the governance of service delivery’, using a rights-based perspective to analyze gaps between the offer– which services people should be entitled to and under which conditions – and the delivery – what people receive in reality and how these services are delivered. Piloted in three countries – the Philippines, Ukraine and Sierra Leone – the tool focuses on selected administrative processes and services affecting the rights, liberties or interests of private persons, including the private sector. The ultimate aim of the assessment is to ensure that action is initiated at the appropriate level to address the weaknesses... Read more

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