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Law and Regulation

Bank supports launch of certificate course on contractual dispute resolution in India

Shanker Lal's picture
Powerlines in Mumbai. Photo: Simone D. McCourtie / World Bank


India is the fastest-growing major economy in the world with significant Government investments in infrastructure. According to estimates by WTO and OECD, as quoted in a report from the United Nations Office on Drugs and Crime, India: Probity in Public Procurement, the estimated public procurement in India is between 20 and 30 percent of GDP. 

This translates to Indian government agencies issuing contracts worth an estimated US$ 419 billion to US$ 628 billion each year for various aspects of infrastructure projects. Ideally, in contractual agreements no disputes would arise and both sides would benefit from the outcome. However, unexpected events occur and many contracts end in dispute. Contractual legal disputes devoid project benefits to the public as time and resources are spent in expensive arbitration and litigation. As a result, India’s development goals are impacted.

Women, cities, and opportunity: Making the case for secure land rights

Klaus Deininger's picture

Also available in: Français 

Land and property lie at the center of many of today’s pressing development challenges. Consider that at most 10% of land in rural Africa is reliably registered. At this week‘s annual Land and Poverty Conference here at the World Bank, we will hear how this vast gap in documentation of land gap blunts access to opportunities and key services for millions of the world’s poorest people, contributes to gender inequality, and undermines environmental sustainability.

Judging it smart, Azerbaijan’s courts go digital

Tako Kobakhidze's picture
Baku


















I was back in Baku recently, after a 9 year gap, and guess what I recognized first? Yes, those famous pounding winds – immortalized in the city’s ancient Persian name of Bādkube – or “city of winds”. But as I went about rediscovering this thriving city along the Caspian Sea, I soon realized that I would also be witness to “winds of change”.

Indeed, so much had changed here since my last visit. Most visibly, the urban skyline is now speckled with construction cranes, reflecting a city busy growing upward – its physical outline seeming to transform before my eyes. But infrastructure is just one aspect of Baku’s modern story. Beyond the hectic expansion of concrete and metal, I was also able to observe exciting changes in technology and innovation that are helping to transform an integral part of this city’s life – its judicial services!

Weekly wire: The global forum

Roxanne Bauer's picture

These are some of the views and reports relevant to our readers that caught our attention this week.

Refining advocacy assessment: reflections from practice
ODI
Efforts to assess advocacy – and thinking about how best to do so – are relatively recent compared to other fields. However, in the past decade a number of advocacy evaluation frameworks have emerged. This working paper looks at how these existing frameworks classify people and activities, and define and assess outcomes. It identifies problem areas, discusses implications for practice, and offers suggestions on how they can be addressed. The paper is derived from work over the past five years, revisiting recommendations from existing guidance, many of which the authors have followed and suggested to others. The working paper aims to contribute to further adaption and refinement of conceptual thinking and practical tools to assess advocacy.

Humanitarian Connectivity Charter Annual Report 2016
GSMA
The 2016 Annual Report tells the story of the growthof the Humanitarian Connectivity Charter from its launch in 2015, to the end of 2016, charting how its footprint has expanded to more than 75 countries, becoming a globally recognised industry-wide initiative. This report also details signatory and partner achievements in upholding the HCC principles.

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.

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