Syndicate content

Law and Regulation

Women can play a greater role in realizing South Asia’s potential

Annette Dixon's picture
Mumbai Train
The suburban train system in Mumbai is used by millions of women and men everyday, who rely on safe transport to access education and job opportunities. 

Last week, I took a journey on Mumbai’s suburban train system, which carries a staggering 8 million women and men, equivalent to the entire population of Switzerland, every day to where they live, work, and spend time with family and friends. Although stretched, the system has reduced mobility constraints and increased independence for millions of women who rely on safe transport to access education and job opportunities; contributing to the city’s dynamism and growth. There are similarly inspiring examples from all countries in South Asia.

As we mark International Women’s Day, we celebrate the progress made in improving women’s inclusion and empowerment, while seeking to better address continuing challenges, which are estimated to cost South Asian economies $888 billion, through devising and implementing solutions that will bridge remaining gaps.

Much to be proud of­a lot more remains to be done

South Asian countries have seen encouraging increases in greater access and gender parity in education. At the same time, the region has achieved substantial decreases in maternal and child mortality. Countries have made great strides in healthcare access through training more female healthcare workers while providing affordable care for mothers and children. The region also boasts many inspiring female leaders and role models, as well as the countless individuals positively contributing to their communities and societies against difficult odds. 

However, much more needs to be done in order to nurture all women and men to realize their potential. As South Asian countries become more prosperous, their growth trajectory will be less assured if hundreds of millions of women remain excluded from education and employment opportunities. South Asian countries will need to substantially expand their workforce in order to meet their economic growth goals and, at the same time, adequately support their increasingly large populations. Studies show that only around 1 out of 4 women in South Asia participate in the labor force, about half of what is typical in middle-income countries in other regions. Too many women face restrictions in decision-making, mobility, public safety; and far too many experience gender-based violence—the most egregious cases making headlines around the world. What can help bridge these gaps?

The long road to gender equality in Nepal

Richa Bhattarai's picture
 
The Government of Nepal is working to incorporate gender equality in all its development policies and programs. Credit: Bijay Gajmer/World Bank


Today marks International Women’s Day throughout the world. Here in Nepal, it is a joyful tribute to the fact that the country boasts three women holding key leadership positions in the country – Bidhya Devi Bhandari as President, Sushila Karki as Chief Justice of the Supreme Court, and Onsari Gharti Magar as Speaker of the Parliament.

All three are the first women to hold their respective posts, and the Chief Justice, especially, has been lauded as a bold and independent decision-maker.

The Constitution of Nepal 2015 has been a huge improvement from the days of yore:  Article 43 deals with the rights of women that include rights to lineage, right to safe maternity and reproduction, right against all forms of exploitation, and equal rights in family matters and property.

The Government of Nepal is also working to incorporate gender equality in all development policies and programs, including developing a gender responsive budget system.

We also have excellent examples of women making great leaps in almost all fields – science, economics, banking and finance, media, environment, education, public health, social service and development.

And in a heartening move, Chhaupadi, an inhuman practice that imposes upon women to stay outside their homes in unhygienic cow sheds during menstruation and childbirth, is set to be criminalized in the new legal code.

However, progress made in specific fields has not yet contributed to the overall improvement in girls’ and women’s lives across the country. Similarly, plans and policies do not always spur positive changes in reality.

Women’s voices should help shape Afghanistan’s future

Nandini Krishnan's picture
The National Solidarity Programme has achieved  widespread involvement of women in rural Afghanistan’s community decision through the Community Development Councils (CDCs)
The National Solidarity Programme has achieved  widespread involvement of women in rural Afghanistan’s community decision through the Community Development Councils (CDCs). Credit: Rumi Consultancy / World Bank

Women and men agree on Afghanistan’s development priorities according to the findings of the country’s most recent Living Conditions Survey of 2013/14 where more than 20,000 Afghan women and men were separately asked what they thought their government’s main development priority should be.

Both women and men picked service delivery, infrastructure development and increased security as top development priorities. Three-quarters of men and women said that the main priorities were improved access to drinking water, construction and rehabilitation of roads, and improved health facilities. About 15 to 18 percent of the respondents picked more jobs, access to agriculture and veterinary services, and improved local education facilities. Not surprisingly, in districts rated as insecure, priorities for both women and men shifted toward increased security. This emphasis on security meant that men and women in these districts gave a relatively lower priority for infrastructure services especially for road construction and electricity provision.

Private sector engagement is key to success on gender equity

Anabel Gonzalez's picture

Photo: Visual News Associates / The World Bank

As we celebrate International Women’s Day, if there is one concept to keep in mind above all others, it’s that gender equity is vital 24-7-365, and not just as a once-a-year observance.

You have heard the argument before and you will hear it again: Economies cannot reach their full potential if half the population is systematically blocked from full participation. This fundamental idea motivates the World Bank Group as it redoubles its efforts to address gaps in gender equality.

Our deepening work to close key gender gaps shows that the issues go far beyond economic inequity. Barriers to women’s full economic participation also impose moral, emotional and at times even physical costs.

We see this in the laws that prevent wives from making autonomous decisions about their careers. We see it in instances of violence against women in the workplace. We see this when harassment occurs at rural border crossings where women traders can encounter threats, and worse, from border guards.

In developing and developed countries alike, women face obstacles to starting and managing a business, to accessing finance, to earning equal pay for equal work, and to owning land or other assets. Many countries maintain laws and regulations that advantage men while discriminating against women, often relegating them to the status of a legal minor.

As Emeritus Professor Linda Scott of Oxford University’s Saïd Business School told us recently, “Women are economically disadvantaged in every country on the planet” and “women’s economic exclusion imposes a significant drag on world economies and societies.”

A key part of the Bank Group’s gender effort revolves around the importance of leveraging the private sector to ensure that reform goes beyond policy statements and creates real economic benefits for women and men. The Bank Group’s Trade & Competitiveness Global Practice (T&C) has developed an approach to gender equity that focuses on expanding market opportunities, enabling private initiative, and developing dynamic economies.

The work we are doing recognizes the entrenched nature of the obstacles to fuller economic empowerment for women. Achieving results at scale will require sustained commitment. But we also understand the importance of realizing near-term progress to catalyze change, and we recognize how interventions in particular countries can show the way forward elsewhere.

The concept is simple: Good results generate more good results.

Equal opportunity, equal outcomes?

Augusto Lopez-Claros's picture

As we mark International Women’s Day this week, and its call for bold pragmatic action to accelerate gender parity, the role of law in fighting for the human rights and gender equality of women is paramount.

When governments use the law to discriminate against women in some way that disadvantages them in relation to men, they clearly violate the letter and spirit of Article 7 of the Universal Declaration of Human Rights which reinforces equal protection under the law.

Is it too early to agree on SDG indicators for transport?

Muneeza Mehmood Alam's picture

 
In March, the international community of statisticians will gather in New York and Ottawa to discuss and agree on a global indicator framework for the 17 Sustainable Development Goals and the 169 targets of the “2030 Agenda for Sustainable Development”. The task at hand is ambitious. In 2015, heads of state from around the world committed to do nothing less than “transform our world”. Monitoring progress towards this ambition is essential, but technically and politically challenging: it will require endorsement from all UN Member States on how to measure progress. In March, it will be the second attempt at getting this endorsement.

Why is it important? “What gets measured, gets done”. Measuring progress is essential for transparency and accountability. It allows us to understand our accomplishments and failures along the way, and identify corrective measures and actions—in short, it allows us to get things done.

What is the issue? Politically, the SDG process has been country led. This means that countries—and not international agencies, as in the case of the Millennium Development Goals—have guided the whole SDG process, including leading discussions and the selection of goals, targets and indicators.   Technically, the development of a robust and high-quality indicator framework is highly complex: the indicator should align closely with each target, have an agreed-upon methodology, and have global coverage. In reality, many indicators do not. For example, the indicator proposed to measure the 11.2 SDG target (“By 2030, provide access to safe, affordable, accessible and sustainable transport systems for all”) is the “proportion of population that has convenient access to public transport”. Data is not yet available for this indicator. Additional indicators may be needed to cover all aspects of the target.

Modernizing property registration: Four lessons we can learn from Russia

Wael Zakout's picture
 Wael Zakout

I just came back from a trip to Russia. Back in 2006 and 2007, I had traveled to Russia frequently as the lead for the Cadastre Development Project. This time - as a Global Lead for Land and Geospatial at the World Bank - I saw something I did not expect to see.

Privatization of real-estate properties and protecting property rights became two important pillars of transformation following the end of the Soviet era. But, while they were important policy goals in the 1990s, the system did not really function properly: rights were not fully protected and people waited for many months to register property transactions.

Traffic jams, pollution, road crashes: Can technology end the woes of urban transport?

Shomik Mehndiratta's picture
Photo: Noeltock/Flickr
Will technology be the savior of urban mobility?
 
Urbanization and rising incomes have been driving rapid motorization across Asia, Africa, and Latin America. While cities are currently home to 50% of the global population, that proportion is expected to increase to 70% by 2050. At the same time, business-as-usual trends suggest we could see an additional 1 billon cars by 2050, most of which will have to squeeze into the already crowded streets of Indian, Chinese, and African cities.
 
If no action is taken, these cars threaten literally to choke tomorrow’s cities, bringing with them a host of negative consequences that would seriously undermine the overall benefits of urbanization: lowered productivity from constant congestion; local pollution and rising carbon emissions; road traffic deaths and injuries; rising inequity and social division.
 
However, after a century of relatively small incremental progress, disruptive changes in the world of automotive technology could have fundamental implications for sustainability.
 
What are these megatrends, and how can they reshape the future of urban mobility?

Two cheers for the 2017 Governance and the Law World Development Report

Brian Levy's picture
The 2017 World Development Report is a landmark document for the development community. Historically, the point of departure for development practitioners (including those within the World Bank) has been to promulgate technocratic, ‘best practice’ solutions to development challenges. For more than two decades, this ‘best practice’ approach has been put into question by a growing avalanche of research on the political, institutional and governance underpinnings of development. The 2017 WDR does an heroic job of assembling and synthesizing this voluminous research into a compelling statement of why ‘best practices’ fail to address some core constraints, and thus do not achieve their intended results.
 

Some will doubtless critique the report for its  promiscuous use of jargon. But empathy is called for. The WDR team surely confronted some formidable internal political challenges. It needed to frame its argumentation in a way that spoke directly to economists, who remain intellectually hegemonic within the organization. As important, it needed a framing that was politically acceptable across the range of the extraordinarily diverse constituencies that make up the Executive Directors of the Bank – from the United States, to China, to Russia, to the Nordic countries as well as Latin American, African and other Asian and European constituencies. My sense  is that the document has met this challenge. So a first loud cheer to the WDR for successfully, and hopefully irreversibly, consolidating the centrality of politics and institutions in the development discourse.

Break it and see: norms of good governance and the wobbly protection of public opinion

Sina Odugbemi's picture

Events around the world (on this please see Freedom in the World 2017) are teaching us at least two astounding lessons. The first is that in liberal constitutional democracies good governance is far more dependent on norms, particularly constitutional conventions, than formal rules. This has serious implications. The second lesson is that when certain political actors choose to ignore the norms of good governance …and the details vary depending on the context…it is not at all clear that anything can stop them. Let’s take these two issues one by one.

Norms, conventions, formal rules

In his classic work, Introduction to the Study of the Law of the Constitution the great English jurist, A.V. Dicey, introduced a distinction between what he called constitutional laws and the conventions of the constitution. Constitutional law, he pointed out, consists of rules that the courts will enforce. But there are other constitutional rules:

The other set of rules consist of conventions, understandings, habits, or practices which, though they may regulate the conduct of other officials, are not in reality laws at all since they are not enforced by the Courts. This proportion of constitutional law may, for the sake of distinction, be termed the ‘conventions of the constitution’, or constitutional morality.


Pages