Legal empowerment of the poor
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The document discusses strategies for legally empowering the poor in Ethiopia. It examines issues around access to justice, labor rights, property rights, and entrepreneurship. It also analyzes challenges such as informal sectors, customary vs statutory systems, and central vs decentralized control of resources. The goal is to develop a rights-based approach and strategic plans to address these issues and secure enforceable rights and business opportunities for the poor.
![Legal Empowerment of the poor: Changing the Rules of Engagement BT Costantinos, PhD [email_address] www.costantinos.net https://sites.google.com/site/doncosty/home Presentation of Background and Issue Papers Addis Abeba, Nov 30, 2006 ,[object Object],[object Object],[object Object],[object Object]](https://image.slidesharecdn.com/legalempowermentofthepoor-110807020316-phpapp02/85/legal-empowerment-of-the-poor-1-320.jpg)
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Legal empowerment of the poor
- 2. Part I. Core mission and research enquiry “ the mission is to secure, enforceable rights, within an enabling environment that expands business opportunity, entrepreneurship and access to justice” It is yet a novel attempt at bringing in marked changes in the fulfillment of a set of normative goals and an integrative concept which aims simultaneously to maintain or enhance resource productivity, secure their ownership of and access to assets, resources and income earning activities, and ensure adequate stocks and flows of goods and services.
- 7. Part II Macro-policies that inform the legal empowerment of the poor
- 14. Synergy in rights of the poor, control and sustainable livelihoods
- 15. Findings Assessment of the legal empowerment of the poor
- 16. Assessment of the legal and practical dimensions of Legally Empowering the Poor (Global Integrity)
- 17. Assessment of the legal and practical dimensions of Legally Empowering the Poor (Global Integrity)
- 18. Assessment of the legal and practical dimensions of Legally Empowering the Poor (Global Integrity)
- 19. Assessment of the legal and practical dimensions of Legally Empowering the Poor (Global Integrity)
- 20. Assessment of the legal and practical dimensions of Legally Empowering the Poor (Global Integrity)
- 21. Assessment of the legal and practical dimensions of Legally Empowering the Poor (Global Integrity)
- 22. Assessment of the legal and practical dimensions of Legally Empowering the Poor (Global Integrity)
- 24. LEGAL EMPOWERMENT OF THE POOR STAKEHOLDERS TOOLS Government, parastatals, armed forces, political parties Civil societies / NGOs, CSOs Faith Communities Corporate Community Entrepreneurial Sector Legislature National, State and Local Strategic Plans Access to credit and financial services Human Rights Protection and Access to Justice Academia and think thanks Media and public relations/ mobilisation Micro-finance Commercial Banks Development Partners Property rights Labour rights
- 25. Mainstreaming operational Plans Sustained Implementation of RBA Activities Managing STRATEGIC INFORMATION AJP local level decentralized management RBA Institutional Arrangements Rights-based enquiry and situation analysis Legal strategic analysis – and strategic plans Rights Strategic Framework Justice, RBA, AIDS, Governance… RBA Evaluation Processes in mainstreaming the rights-based approach and thematic issues on legal empowerment
- 26. Thank You BT Costantinos, PhD School of Graduate Studies, Department of Management and Public Policy, College of Management, Information and Economic Sciences, Addis Ababa University [email_address] www.costantinos.net https://sites.google.com/site/doncosty/home Presentation Legal Empowerment Of The Poor
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- In the forestry sector this has too often been reflected in the approach to forest management that excludes local people and the utilization of these for commercial purposes only. This approach has resulted in the undermining of local capacities to manage natural resources sustainably and led to a situation where people are forced to cope as best they can even if this threatens their long-term survival. This has stifled local initiatives, broken down indigenous systems, and created an attitude of resignation among communities, which in turn present a challenge to efforts for revival of local control. Conflict arises because central authority attempts to retain control by imposing official structures and co-opting local leaders. (FTP 1994, 5-6, Costantinos 2000, 7-9) Very often, “people are denied access to or have no knowledge of these statutes until they are legally enforced and take their toll in courts and police actions” (Ethiopian Government, 1975). In addition, statutes provide the ground for officials to take control of people's resources, which very often result in the accumulation of power in the hands of one or few officials who can decide the fate of natural resources and people without due regard to environmental considerations. These local officials are only accountable to higher officials and local people no control over their actions. (FTP 1994, 5-6, Costantinos 2000, 7-9) Enabling laws and policies on paper are not necessarily enforced; either because they are disregarded by officials or because they are unenforceable.
- These systems have been enriched through evolution over many generations (where they have not disintegrated through marginalization). Individual decisions concerning natural resource management and utilization are based on a "legal" framework that has reference points to the optimal exploitation of these resources, and transgression is punishable by cultural laws and the regulations that legitimize the latter. Individual and collective accountability to communal and intra-inter generational interests are very high. (Costantinos, 1997:b) Communal tenure and management systems are complex and adaptive. The user rights provided by these systems are often strong, and confer a high degree of tenure security to individuals. (FTP 1994, 5-6, Costantinos 2000, 7-9) Endogenous institutions have functioned as reservoirs of traditional knowledge. They have preserved customary rights and responsibilities within societies, enforced them, transmitted them from generation to generation, and (where not entirely marginalised by the modern sector) they have governed the utilisation and conservation of resources. These institutions have been evolving and continue to adapt to changing conditions and develop new mechanisms.
- Different bio-cultural realities give rise to different resource management systems. Endogenous resource management systems vary according to their specific contexts, defining the specific uses and users of the various resources within the community, functioning as reservoirs of traditional knowledge; preserving customary rights and responsibilities within societies, enforced them, transmitted them from generation to generation, and (where not entirely marginalized by the modern sector) they have governed the utilization and conservation of resources. These institutions have been evolving and continue to adapt to changing conditions and develop new mechanisms. These institutions offer important organizational potential as the formal institutions have come to dominate, marginalize, and even eradicate the endogenous institutions. (FTP 1994, 5-6, Costantinos 2000, 7-9)