UNDP Initiative on Best Practices in Legal Empowerment (2013) (Supported by Danida )

1. UNDP Initiative on Best Practices in Legal Empowerment (2013)(Supported by Danida)

2. The Context: Rio +20 ‘The future we want: our common vision’ • “... democracy, good governance and the rule of law, at the national and international levels, as well as an enabling environment, are essential for sustainable development, including sustained and inclusive economic growth, social development, environmental protection and the eradication of poverty and hunger.” • “...there are different approaches, visions, models and tools available to each country, in accordance with its national circumstances and priorities, to achieve sustainable development in its three dimensions which is our overarching goal...” • “…needs of rural communities through, inter alia, enhancing access by agricultural producers, in particular small producers, women, indigenous peoples and people living in vulnerable situations, to credit and other financial services, markets, secure land tenure, health care, social services, education, training, knowledge and appropriate and affordable technologies…”

3. Key Questions on Legal Empowerment • What works and why? • What does not work and why? • What are the takeaways for theories of change and for policy? • What are the lessons for development programming?

4. Guidelines for Identifying Situations for Research • Beneficiaries poor and/or disadvantaged; • Do not enjoy the protection of the law, e.g informal settlements/businesses • Initiatives aimed at addressing practical obstacles that prevent individuals/communities from realizing their economic rights • Initiatives in place for a sufficiently long time, and impact on constraints to poverty reduction and human development is clearly visible. Or… • The interim results should be such as to reassure that the further analysis will provide valuable learning for future interventions

5. Situations in the Study • Cameroon: Indigenous people’s rights to land and forest resources • Ghana: Approaches to reforming ‘gate-keeping’ practices affecting women’s economic rights to run business and access to land; Land rights for farming communities in the Ankasa Forest Conservation • Kenya: Informal settlements/Toi Market Savings Scheme and the Business Advocacy Fund (BAF) • India: Impact of the Delhi High Court judgment Empowerment of rickshaw pullers and the Rickshaw Bank in Guwahati; LE of waste-pickers in Pune through a cooperative model • Egypt :Legal empowerment of the ‘Zabbaleen’ (waste-collection workers) • Kyrgyzstan: Women’s land rights • Tajikistan: Women’s land rights

6. Methodology • Desk review • Key informants • Focus group discussions • Survey

7. Impact of the Delhi High Court Judgment on Empowerment of Rickshaw Pullers

8. Results of the Rickshaw Licensing Regime in Delhi

9. The Rickshaw Bank: An Empowerment-based Approach

10. The Rickshaw Bank in Guwahati

11. The Women Waste-pickers in Pune

13. Economic Empowerment Sans Human Development

14. Findings: What Works and Why? • Recognition of livelihood generation in the informal economy as ‘productive social/economic activity’ or as ‘work’ in terms of self awareness, by the community, by public agencies and by courts (qquantification of contribution, enumeration, registration and suitable identity devices, use of evidence) • Addressing both the formal and informal systems and norms in a context specific manner • Balance between enabling state policy response and legal literacy and awareness at the community level • Organising informal sector players and partnership

15. Findings: What Does Not Work? • Traditional approach to regulation and promotion of economic rights of informal sector workers • An approach to economic empowerment that is not rooted in the local social and cultural traditions and economic environment • Narrowly focused and short duration development programming/project intervention • Legal empowerment without social inclusion and human development

16. Key Conclusion and Lessons • Need for a fresh look at the traditional theories of change -Towards a holistic strategy for change that goes beyond the currently popular approach of narrowly focussed economic support or service delivery -Synergy between LE, social inclusion and human development -LE as a tool to engage the full productive capacity from the ecosystem • Legality, legitimacy and sustainable development - As important as the purpose and content of the formal law is the reality of how the law is seen at the community level -Engaging with customary and informal systems -Suitable models for legal literacy and access to justice to bridge the gap between legality and legitimacy , and problems arising from asymmetry of power and information • Lessons for development programming -Gender disaggregated data, gathering of evidence on circumstances and contribution of informal sector players, engaging with customary and informal systems, integration of access to information and legal literacy (through paralegals, legal aid etc), capacity development of intermediaries (NGOs/CBOs, SHGs, communities), simultaneous interventions at multiple, levels and long-term engagement, focus on organising and long-term partnership creation

17. Implications of the Study for Green Growth and Sustainable Development • Large masses of green workers (waste-recyclers, rickshaw pullers, small and marginal women farmers) are not recognized for their social and economic contribution. Hence their contribution remains stunted or sub-optimal • LE as a tool to engage the full productive capacity from the ecosystem • Identify and remove confusing signals and incentives emerging from international initiatives (e.g. waste to energy projects when composition of waste is not suitable for it).

18. Thank You