THERE is no scope for disagreement on the issue that legal empowerment of the poor is both a development strategy and a development objective. I believe in this thesis because poverty is among the gravest human rights challenges in the world. It embodies a range of interrelated and mutually reinforcing deprivations, and is associated with stigma, discrimination, insecurity and social exclusion.
As is clear in Bangladesh, or in several other sub-regions in South Asia (with its high concentration of poverty affliction), poverty is not simply the deficiency of material goods and opportunities such as employment, ownership of productive assets and savings. It is also the lack of intangible assets and social goods, such as legal identity, good health, physical integrity, freedom from fear and violence, organizational capacity, the capacity to exert political influence, and the ability to claim rights and live in respect and dignity.
It would also be correct to acknowledge here that the poor are not a homogeneous group and that vulnerability and challenges vary among those mired in poverty. It is this aspect that leads me to state that there needs to be a human rights approach to development and the eradication of poverty. This context will then recognize that poverty results from dis empowerment and multiple exclusions.
A report prepared by the United Nations in 2008 and its Resolution 63/142 of December 2008, noted that in many developing countries, laws, institutions and policies governing social and economic interactions do not afford equal opportunity and protection to a large segment of the population -- the mostly poor, minorities, women and other disadvantaged groups. This is partially exacerbated sometimes by rural values and misplaced traditions.
In such situations, instead of fostering inclusive and equitable growth, some laws and institutions tend to impose barriers and biases against the poor. Within such paradigms it is also sometimes evident that even though there might be laws that protect and uphold the rights of the poor, they are often too ambiguous, cumbersome and costly for them to access.
One needs to also record here that in many developing countries, including Bangladesh, informal norms, practices and non-secular institutions govern the everyday life of the poor. This often forces the poor to survive by mixing customary practice with ingenuity, creating informal structures that can at times be more effective than their formal counterparts. However, even this format, a means of last resort, sometimes suffers because customary laws and practices discriminate against women and juveniles, who face multiple and intersecting grounds of exclusion.
From the above perspective, legal empowerment of the poor can be best understood as the process of systemic change through which the poor are protected and enabled to use the law to advance their rights and their interests as citizens and economic actors. From this point of view it is not only a means to an end but also an end in itself.
As has already been proven in certain areas within Bangladesh, legal empowerment fosters development through empowering and strengthening the voices of individuals and communities, starting at the grass roots and from within.
It is clear that legal empowerment promotes a participatory approach to development and recognizes the importance of engaging civil society and community-based organizations to ensure that the poor and the marginalized have identity and voice. I believe that this approach facilitates the strengthening of democratic governance and accountability, which, in turn, can play a critical role in the achievement of the internationally agreed development goals, including the Millennium Development Goals.
Strengthening the rule of law for the poor in Bangladesh will help to establish the rule of law and ensure equal and equitable access to justice and tackle the root causes of exclusive, vulnerability and poverty. This will be particularly helpful for the millions in Bangladesh who live in chars, the coastal belt and on disputed land inhabited by the indigenous people. Security of livelihoods, of shelter, of tenure and of contracts can enable and empower the poor to defend themselves against possible violation of their rights, especially after natural disasters. It can then ensure protection for all and can prevent and protect against abuse of authority (by both the executive as well as the law enforcing agencies), bias and discrimination, which are often the root causes of social unrest, violence and conflict. From that point of view one could describe legal empowerment as being both preventive and curative.
I am emphasizing today on the human rights viewpoint and its close relationship with the eradication of poverty because the enjoyment of human rights involves the interaction of claims on entitlements and corresponding duties. It also lends a human rights perspective in development and aims to develop the equation of social contract.
In this regard, I will refer here to the 2008 report (A/HRC/8/4, paragraph 26) submitted to the Human Rights Council by the Special Rapporteur on the independence of judges and lawyers. He correctly stressed the importance of free legal aid programs (generally the only legal assistance accessible to large portions of poverty-stricken populations) and emphasized the need to support the work of non-governmental organizations and bar associations, and their initiatives to bring justice to traditionally neglected regions and social groups. The rapporteur also significantly hit the button when he said that "nothing mirrors the indivisibility and interdependence of human rights better than extreme poverty, since anyone living in extreme poverty is adversely affected in every aspect of life."
The concept of strengthening the rule of law for the poor has now been embedded in the current UNDP Strategic Plan 2008-2011. This has been done because UN members have agreed that "effective reduction of poverty, inclusiveness and equity depend on the ability of institutions to deliver public good and social services" and providing "legal access to economic assets and opportunities in ways that are fair and equitable."
This has led UNDP to undertake its own constructive engagement in Bangladesh. That has included developing capacity of government entities at national and local levels and assisting in the undertaking of necessary legal and institutional reforms to deliver legal empowerment to the poorer sections of the community by engaging grassroots level organizations..
I have written this article with the hope that our responsible partners will now undertake steps to carry out an impartial audit to assess whether the steps taken are working. It is also necessary to evaluate whether the process of engagement is functioning meaningfully and effectively.
