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Legal Empowerment: Contextualizing Land Tenure for the Poor

This paper discusses the importance of land policies in the context of legal empowerment agenda. It explores the multidimensional process of legal empowerment and its impact on poverty reduction, wealth creation, and power relations. The paper emphasizes the need for systemic change and special considerations for gender equality and indigenous peoples. The measurement of change in legal empowerment is analyzed in terms of outputs, outcomes, and impacts.

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Legal Empowerment: Contextualizing Land Tenure for the Poor

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  1. Putting land tenure in context of the 'legal empowerment agenda‘ Dr. Naresh Singh Executive Director Workshop on Land Policies and Legal Empowerment of the Poor World Bank, Washington D.C. November 2-3, 2006

  2. LAND POLICIES - OUTCOMES • Why do we work on land policies? • Economic Growth • Social Stability • Equity • Power Shifts • Poverty Reduction

  3. LAND POLICIES – ISSUES APPLIED TO:

  4. LEGAL EMPOWERMENT OF THE POOR Legal Empowerment is a multidimensional process based on an inclusive, appropriate and intelligible legal framework, through which, people living in poverty can get greater control over their lives in social, economical and political terms.

  5. DIMENSIONS OF LEGAL EMPOWERMENT PROCESS (LEP) • Rule of Law and Access to Justice • Property Rights • Rights at Work • Legal Business Opportunity

  6. WHO ARE AFFECTED: • The poor suffering deprivations in any or all of the four inter-linked dimensions. They might be avoiding or unaware of certain elements of the law… or the law might be silent on many factors affecting their pursuit of livelihoods. • They may live in rural or urban settings. • The majority of these people are normally considered to be living in the informal sector or informal economy or extra-legal sector …. (or variance of these terms) • But note continuum between formal and informal

  7. LEGAL EMPOWERMENT – A SYSTEMS FRAMEWORK Property Rights Entrepreneurship Rule of Law Access to Justice Legal Empowerment Labor Rights

  8. IMPORTANCE OF SYSTEMIC CHANGE • Note land and land policies as one aspect of property which is one of four dimensions identified. Changes in land policy only, without attention to the complex interlinkages elsewhere, at best will lead to uncertain results and at worse perverse impacts. • It might be beneficial to look at the process of impoverishment (rather than poverty as condition) and consider empowerment as processes which arrest and reverse processes of impoverishment.

  9. SPECIAL CONSIDERATIONS • Gender Equality • Indigenous Peoples

  10. MEASURING CHANGE IN LEP… • OUTPUTS: legal reform for property rights, labor rights, business opportunities, access to justice and rule of law • OUTCOMES: changes in power relations • IMPACTS: poverty reduction, wealth creation, the poor get themselves out of poverty

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