Commission on Legal Empowerment of the Poor
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The Commission on Legal Empowerment of the Poor was an independent international organization, hosted by the
United Nations Development Programme The United Nations Development Programme (UNDP)french: Programme des Nations unies pour le développement, PNUD is a United Nations agency tasked with helping countries eliminate poverty and achieve sustainable economic growth and human dev ...
(UNDP), and established in 2005 as the “first global initiative to focus on the link between exclusion, poverty, and the law.”
Commission on Legal Empowerment of the Poor (2008). Making The Law Work for Everyone.
Drawing upon three years of research, the Commission proposed strategies for creating inclusive development initiatives that would empower those living in poverty through increased protections and rights. Its final 2008 report, Making the Law Work for Everyone, argued that as many as 4 billion people worldwide are “robbed of the chance to better their lives and climb out of poverty, because they are excluded from the rule of law”.
Commission on Legal Empowerment of the Poor (2008). Making The Law Work for Everyone. p.1
In response, the Report proposed four “pillars” for legal empowerment of the poor (LEP), which, the Commission argued, would enable those living in poverty to become partners in, rather than passive recipients of, development programs. These four pillars are: access to justice and the rule of law, property rights, labor rights, and business rights.
Commission on Legal Empowerment of the Poor (2008). Making The Law Work for Everyone. p.31
Upon concluding its research and producing its final report, the Commission on Legal Empowerment of the Poor ceased to exist as an independent organization. However, the Commission’s findings continue to be an integral part of the UNDP’s Initiative on Legal Empowerment of the Poor, and have contributed to the creation of similar LEP initiatives in organizations such as th
World Bank
and th
Open Society Foundations


History of Legal Empowerment of the Poor

Before legal empowerment for the poor (LEP) emerged as a conceptual tool in 2003, development scholars such as Dan Banik argued that “the relationship between law and development in the international development discourse was traditionally very narrowly focused on law, lawyers and state institutions.”Banik,D. (2009). The Potential of Legal Empowerment in Eradicating Poverty. ''Rights and Development Bulletin.''1,13: p.5 The result, more often than not, was a “top-down” approach to development, in which aid initiatives often overlooked or excluded the voices of the very people they intended to help Golub,S.(2003).'' Beyond the Rule of Law Orthodoxy- The Legal Empowerment Alternative.'' Carnegie Endowment for International Peace. Legal empowerment of the poor, by contrast, sought to bring these previously excluded voices into the development discussion, while at the same time working to expand the rights and protections afforded to those living in poverty. Stephen Golub, one of the founding scholars in the field, argued that legal empowerment “puts community-driven and rights-based development into effect by offering concrete mechanisms, involving but not limited to legal services, that alleviate poverty, advance the rights of the disadvantaged, and make the rule of law more of a reality for them”.Golub,S.(2003).'' Beyond the Rule of Law Orthodoxy- The Legal Empowerment Alternative.'' Carnegie Endowment for International Peace, p.3. Drawing upon these principles and bolstered by the UN’s Millennium Development Goals, the Commission on Legal Empowerment of the Poor emerged as an effort to convert theories of LEP into action.


Founding of the Commission

The Commission on Legal Empowerment of the Poor, co-chaired by former U.S. secretary of state
Madeleine Albright Madeleine Jana Korbel Albright (born Marie Jana Korbelová; May 15, 1937 – March 23, 2022) was an American diplomat and political scientist who served as the 64th United States secretary of state from 1997 to 2001. A member of the Democratic ...
and
Hernando de Soto Hernando de Soto (; ; 1500 – 21 May, 1542) was a Spanish explorer and ''conquistador'' who was involved in expeditions in Nicaragua and the Yucatan Peninsula. He played an important role in Francisco Pizarro's conquest of the Inca Empire ...
, Peruvian economist and founder of the
Institute for Liberty and Democracy The Institute for Liberty and Democracy (ILD) is a think tank based in Lima devoted to the promotion of property rights in developing countries. It was established in 1981 by Peruvian economist Hernando de Soto. The ILD works with developing coun ...
(ILD), was launched in 2005 by a group of developing and industrialized countries including Canada, Denmark, Egypt, Finland, Guatemala, Iceland, India, Norway, Sweden, South Africa, Tanzania and the United Kingdom, and completed its work in 2008.


Members

The Commission on Legal Empowerment of the Poor (CLEP) was made up of influential policymakers and practitioners from around the world who were believed to be uniquely well-positioned to advocate among their peers for legal reforms in developing countries. Given its unique structure, CLEP was seen as a powerful catalyst for change among global leaders and within the development community.


Commissioners

*
Fazle Hasan Abed Sir Fazle Hasan Abed ( bn, ফজলে হাসান আবেদ; 27 April 1936 – 20 December 2019) was the founder of BRAC, one of the world's largest non-governmental organizations. Early life Abed was born on 27 April 1936 in the vi ...
, Founder and Chairperson, BRAC, Bangladesh *
Lloyd Axworthy Lloyd Norman Axworthy (born December 21, 1939) is a Canadian politician, elder statesman and academic. He served as Minister of Foreign Affairs in the Cabinet chaired by Prime Minister Jean Chrétien. Following his retirement from parliamen ...
, former Minister of Foreign Affairs for Canada *
Leszek Balcerowicz Leszek Henryk Balcerowicz (pronounced ; born 19 January 1947) is a Polish economist, statesman, and Professor at Warsaw School of Economics. He served as Chairman of the National Bank of Poland (2001–2007) and twice as Deputy Prime Minister o ...
, President of the National Bank of Poland *
Lakhdar Brahimi Lakhdar Brahimi ( Algerian pronunciation: ; ar, الأخضر الإبراهيمي; '; born 1 January 1934) is an Algerian United Nations diplomat who served as the United Nations and Arab League Special Envoy to Syria until 14 May 2014. He was M ...
, former Special Representative to the U.N. Secretary General *
Gordon Brown James Gordon Brown (born 20 February 1951) is a British former politician who served as Prime Minister of the United Kingdom and Leader of the Labour Party from 2007 to 2010. He previously served as Chancellor of the Exchequer in Tony B ...
, Prime Minister, United Kingdom * Fernando Cardoso, former President of Brazil *
Shirin Ebadi Shirin Ebadi ( fa, شيرين عبادى, Širin Ebādi; born 21 June 1947) is an Iranian political activist, lawyer, a former judge and human rights activist and founder of Defenders of Human Rights Center in Iran. On 10 October 2003, Ebadi was ...
, Nobel Peace Prize Laureate, Iran *
Ashraf Ghani Mohammad Ashraf Ghani Ahmadzai (born 19 May 1949) is an Afghan politician, academic, and economist who served as the president of Afghanistan from September 2014 until August 2021, when his government was overthrown by the Taliban. Born in ...
, Dean of Kabul University and former Minister of Finance for Afghanistan *
Prince Hassan bin Talal Prince Hassan bin Talal ( ar, الحسن بن طلال, born 20 March 1947) is a member of the Jordanian royal family who was previously Crown Prince from 1965 to 1999, being removed just three weeks before King Hussein's death. Family Prince Ha ...
, President of the Club of Rome * Muhammad Medhat Hassanein, former Minister of Finance for Egypt *
Hilde Frafjord Johnson Hilde Frafjord Johnson (born 29 August 1963 in Arusha, Tanganyika) is a Norwegian politician from the Christian Democratic Party. She is a former Minister of International Development of Norway, and member of the Norwegian Government. She mo ...
, former Minister of International Development, Norway *
Anthony Kennedy Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ...
, Associate Justice, United States Supreme Court *
Allan Larsson Yngve Allan Gillis Larsson (born 3 April 1938) is a former Swedish Social Democratic politician. From 1990 to 1991 he served as Minister for Finance. From 1991 to 1995, he was a Member of the Swedish parliament Riksdag. From Sweden's entry into ...
, former Minister of Finance for Sweden * Clotilde Aniouvi Medegan Nougbode, President of the High Court of Benin *
Benjamin Mkapa Benjamin William Mkapa (12 November 193824 July 2020) was the third president of Tanzania, in office from 1995 to 2005. He was Chairman of the Revolutionary State Political Party ( Chama Cha Mapinduzi, CCM). Early life Mkapa was born in Lupaso, ...
, former President of the United Republic of Tanzania * Mike Moore, former Prime Minister of New Zealand, former Director General of the WTO * Milinda Moragoda, former Minister of Economic Reforms, Science and Technology, Sri Lanka * Syed Tanwir H. Naqvi, former Chairman of the National Reconstruction Bureau of Pakistan *
Mary Robinson Mary Therese Winifred Robinson ( ga, Máire Mhic Róibín; ; born 21 May 1944) is an Irish politician who was the 7th president of Ireland, serving from December 1990 to September 1997, the first woman to hold this office. Prior to her electi ...
, former President of Ireland and former High Commissioner of Human Rights *
Arjun Kumar Sengupta Arjun Kumar Sengupta (10 June 1937 – 26 September 2010) was an Indian economist. He served as a Member of the Parliament of India, representing West Bengal in the Rajya Sabha from 2006 until his death.United Nations Independent Expert on Human Rights and Extreme Poverty *
Lindiwe Sisulu Lindiwe Nonceba Sisulu (born 10 May 1954) is a South African politician, member of parliament since 1994, and member of the National Executive Committee of the African National Congress currently serving as Minister of Tourism since August 2 ...
, Minister of Housing, Republic of South Africa *
Lawrence Summers Lawrence Henry Summers (born November 30, 1954) is an American economist who served as the 71st United States secretary of the treasury from 1999 to 2001 and as director of the National Economic Council from 2009 to 2010. He also served as pres ...
, President of Harvard University, USA *
Erna Witoelar Erna Witoelar (born 6 February 1947) is an Indonesian politician who was Minister of Human Settlements and Regional Development from 1996 to 2001. Life Dr. Andi Erna Anastasjia Walinono was born in near Lake Tempe in 1947. She has been a UN Sp ...
, UN Special Ambassador for MDGs in Asia & the Pacific *
Ernesto Zedillo Ernesto Zedillo Ponce de León (; born 27 December 1951) is a Mexican economist and politician. He was 61st president of Mexico from 1 December 1994 to 30 November 2000, as the last of the uninterrupted 71-year line of Mexican presidents from t ...
, former President of Mexico


Board of Advisers

*Robert Annibale, Global Director of Microfinance, Citigroup *
Marek Belka Marek Marian Belka (; born 9 January 1952 in Lódź) is a Polish professor of economics and politician who has served as Prime Minister of Poland and Finance Minister of Poland in two governments. He is a former Director of the International M ...
, Executive Secretary of the United Nations Economic Commission for Europe (UNECE) * Diego Hidalgo, Founder, Club of Madrid *
Donald Kaberuka Donald P. Kaberuka (born 5 October 1951) is a Rwandan economist and was the president of the African Development Bank from September 2005 until September 2015. Early life and education Kaberuka was born in Byumba, Rwanda. He studied at the Unive ...
, President, African Development Bank Group *
Jean Lemierre Jean Lemierre (born 6 June 1950) is a French former public servant who was the president of the European Bank for Reconstruction and Development from 2000 to 2008. He is now chairman of BNP Paribas. Career Public sector In 2000, Lemierre was el ...
, President, European Bank for Reconstruction and Development *
Luis Alberto Moreno Luis Alberto Moreno Mejía (born 3 May 1953) is a Colombian businessman and former diplomat who served as president of the Inter-American Development Bank (IADB) from 2005 to 2020. He was Colombia's Ambassador to the United States under preside ...
, President, Inter-American Development Bank * Kumi Naidoo, CEO, CIVICUS * Sheela Patel, Founder, Society for the Promotion of Area Resources (SPARC) * Jan Peterson, Chair, Huairou Commission * Juan Somavia, Director, International Labor Organization *
Anna Tibaijuka Anna Kajumulo Tibaijuka (; born 12 October 1950) is a Tanzanian politician and United Nations official. She was a Chama Cha Mapinduzi (CCM) Member of the National Assembly for Muleba South constituency during 2010 to 2020 and served as the Mi ...
, Executive Director, UN HABITAT *
Victoria Tauli-Corpuz Victoria Tauli-Corpuz is a Filipino development consultant and an international indigenous activist of Kankana-ey Igorot ethnicity. As UN special rapporteur, she was tasked to investigate alleged violations of indigenous peoples rights and promo ...
, Chairperson, UN Permanent Forum on Indigenous Issues *John Watson, President, CARE Canada * Francisco Garza Zambrano, President, Cemex North America *
Robert Zoellick Robert Bruce Zoellick (; ; born July 25, 1953) is an American public official and lawyer who was the eleventh president of the World Bank, a position he held from July 1, 2007 to June 30, 2012. He was previously a managing director of Goldman Sach ...
, President, World Bank


Organization

Advocates of LEP argued that the only way to break new ground on legal empowerment was to learn from the experiences of those who live and work in slums and settlements around the world. Thus, CLEP, in conducting its research, partnered with grassroots organizations, governments and institutions to hear about the legal challenges faced by the poor. 22 National and Regional Consultations and 5 technical workgroups were hosted in Africa, South and Central Americas, Asia, the Middle East and Europe. These national and regional processes grounded the work of Legal Empowerment in local realities, and contributed to recommendations that reflected diverse cultural, socio-economic and political environments. CLEP’s final report, Making The Law Work For Everyone, argued that LEP initiatives must be grounded in four foundational “pillars”:Commission on Legal Empowerment of the Poor (2008). Making The Law Work for Everyone. p. 31. • Access to Justice and the Rule of law: including the right to legal identity, removal of discriminatory laws against the poor, and increased access to both traditional and alternative justice systems • Property rights: including recognition of alternative methods of individual and collective ownership • Labor rights: workers’ rights, protections, and benefits • Business rights: access to credit and support for the poor (particularly poor women) to start and operate small businesses


Critiques of the Commission

Though scholars and practitioners of LEP programs applaud the CLEP for bringing legal empowerment of the poor into the international limelight, many have critiqued its 2008 report on both technical and theoretical grounds. For example, Matthew Stephens, in his article "The Commission on Legal Empowerment of the Poor: An Opportunity Missed,"Stephens, M. (2009). The Commission on Legal Empowerment of the Poor: An Opportunity Missed. Hague Journal on the Rule of Law, 1, 132-157. argued that the Report lacked sufficient empirical data. Julio Faundez Faundez, J. (2009). Empowering Workers in the Informal Economy. Hague Journal on the Rule of Law, 1: 156–172. argued that the Commission's policy recommendations were too vague to be implemented effectively.


References


External links

* https://web.archive.org/web/20080218060641/http://legalempowerment.undp.org/ * https://www.youtube.com/LegalEmpowerment1 * https://web.archive.org/web/20100221161016/http://lepknowledgebank.ning.com/ * http://www.snap-undp.org/lepknowledgebank * https://web.archive.org/web/20101026195806/http://www.soros.org/initiatives/justice/focus/legal_capacity/projects/lep * http://www.hiil.org/ * https://web.archive.org/web/20100906025700/http://www.sum.uio.no/research/poverty/anlep/ * http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTLAWJUSTICE/EXTJUSFORPOO/0,,menuPK:3282947~pagePK:149018~piPK:149093~theSitePK:3282787,00.html * http://lup.lub.lu.se/luur/download?func=downloadFile&recordOId=1613415&fileOId=1613430 {{Authority control Research on poverty International development organizations United Nations Development Programme