This report for the Asian Development Bank considers how legal empowerment (LE) contributes to other development goals such as poverty reduction, good governance and public participation. It identifies the most effective strategies for LE and the factors contributing to their success.
LE seeks to overcome the barriers preventing the disadvantaged from accessing the legal system and participating in governance. LE adds a participatory dimension to institutional reform, mobilising public interests, expectations and capacity. It allows the disadvantaged to gain greater control over their lives by learning how to effectively interact with a range of institutions. LE can enhance the performance of certain development projects, contribute to the implementation and enforcement of laws, and strengthen administrative and other mechanisms for public decision-making. It can improve the responsiveness, performance and accountability of government officials. LE primarily takes place at the community level but can have an impact at the national level.
LE projects are best when community specific, recognising that the greatest legal needs of the disadvantaged are commonly outside the realms of formal legal institutions. Other conclusions include:
- LE work should go beyond education and training, to include mediation, litigation, media coverage, community organisation, advocacy and other activities which allow citizens to build on their knowledge and pursue their legal rights
- Media, education and training are strong tools for enhancing knowledge, awareness and attitudes but have a limited role for promoting action. They are most effective as part of a broader LE strategy
- Successful LE strategies combine different activities, such as print and broadcast media, performing arts and popular culture; community-based training; paralegals; alternative dispute resolution; legal aid; administrative advocacy; training for government officials
- A professional background in law is not a prerequisite for effective LE work; donors should pursue this work through both judicial and non-judicial forums
- Para-legals are a cost-effective means of teaching disadvantaged communities about the law and helping them to take action. Those recruited from the communities in which they serve are particularly effective
- Collective organisation is key to LE: Many successful LE initiatives build on existing group formation.
LE is most effective when it is linked to other development activities and offers beneficiaries the opportunity to apply their enhanced knowledge or skills. Donors should encourage collaboration between civil society organisations and government agencies.
- A LE component should be considered where project performance can be enhanced if beneficiaries understand and act on their rights and responsibilities under the project and under relevant regulations and laws
- Efforts to promote a more consistent, predictable and transparent implementation and enforcement of laws should be prioritised in all projects seeking to improve legal systems and the rule of law
- Where necessary, LE components should include funds for engaging professional legal services. These same lawyers should be involved in training and counselling project beneficiaries so that they become familiar with each other
- To provide a supply of lawyers with a development orientation and skills, LE work must be complemented by projects focusing on improving legal education through clinical legal education and reform of curricula and teaching methods
- NGOs and other civil society organisations should be partnered as much as possible in developing and delivering LE projects. This may be easier if LE has been raised with government officials early on
- LE initiatives are not easily sustainable: Donors and legal service providers should explore local philanthropy, modest fee-for-service structures and other prospects for making them more sustainable.
