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Law and Regulation

More voices mean smarter cities

Stephen Davenport's picture
Urban cityscape.  Photo: © Curt Carnemark / World Bank


With the ink barely dry on the Sustainable Development Goals, naturally the just-completed Open Government Partnership annual summit focused on how greater openness can accelerate progress toward the goals.
 
The open government agenda is most closely linked to the ambitious Goal 16 on Peace, Justice and Strong Institutions, which among other targets includes the objective of ensuring “responsive, inclusive, participatory and representative decision-making at all levels.” Though progress in this area is maddeningly difficult to quantify, evidence increasingly shows that participation, the next transparency frontier, matters to development outcomes. Making the target explicit, it is hoped, will galvanize efforts in the right direction.
 
There are many issues one could propose to tackle with citizen engagement strategies, but to narrow the topic of discussion, let’s consider just one: enabling smart growth in the world’s exploding cities and megacities.  Estimates suggest that by 2035 most of the world’s extreme poor will live in urban areas.

Stronger laws can help protect women from domestic violence

Paula Tavares's picture

Would it surprise you to know that one in three women worldwide have experienced physical or sexual violence from their intimate partner? Or that as many as 38% of women who are murdered globally are killed by their partners? It is a sad reality, but those are the facts.

Globally, the most common form of violence against women is from an intimate partner. The statistics are shocking. And while these numbers are widely disseminated, the facts persist. The stories repeat themselves, affecting girls and women around the world regardless of race, nationality, social status or income level.

This sad reality was the cause of Nahr Ibrahim Valley’s death in Lebanon, just months after the country's new law on domestic violence was finally passed. The new law came after several cases sparked campaigns and protests in the Lebanese capital surrounding International Women’s Day last year. Unfortunately, it was not enough to save her life, but it can be the hope for thousands of women in the country, who previously had no legal protection against this type of crime.

The World Bank Group’s Women, Business and the Law project studies where countries have enacted laws protecting women from domestic violence. The fourth report in the series, Women, Business and the Law 2016: Getting to Equal, finds that more than 1 out of 4 countries covered around the world have not yet adopted such legislation. The effects of this form of violence are multifold. It can lead to lower productivity, increase absenteeism and drive up health-care costs. Moreover, where laws do not protect women from domestic violence, women are likely to have shorter life spans. 



Domestic violence, also viewed as gender-specific violence, commonly directed against women, which occurs in the family and in interpersonal relationships, can take different forms. Abuse can be physical, emotional, sexual or economic. The 2016 edition of Women, Business and the Law shows that, even where laws do exist, in only 3 out of 5 economies do they cover all four of those types of violence. Subjecting women to economic violence, which can keep them financially dependent, is only addressed in about half of the economies covered worldwide.

A global movement against corruption: It is happening now!

Leonard McCarthy's picture

Also available in: Español | Français | العربية

Third Annual International Corruption Hunter AllianceTaking note of headline news in recent weeks, one cannot escape the reality that efforts to fighting corruption are succeeding. A decade ago, success was a privilege to societies who -by virtue of democratic gains- could claim rights to holding public officials accountable. Today, it is not easy to get away with corruption. Not even if you are a major multinational, a senior government official, or an institution with millions of followers across the world.

Within our network- the World Bank International Corruption Hunters Alliance- we feel optimistic about all that is happening to support our mission; that of ensuring every development dollar is spent with integrity. We go to work every day and the focus is how do we prevent bad things from happening. To achieve that at the World Bank Group, we are continually advancing our investigative techniques, our preventive advice, monitoring the compliance standards of debarred entities and engaging with partners across multilateral development banks, national enforcement agencies and CSOs to strengthen this young global movement against corruption. It is critical that this momentum continues to sustain change at a global scale.

Undoubtedly we face a few challenges along the way; some more complex than others, none that cannot be overcome. Last fiscal year, the World Bank prevented approximately $138 million across 20 contracts from being awarded to companies that had attempted to engage in misconduct. This is progress that could not have been achieved without years of investigative experience invested in gathering evidence, recognizing patterns of misconduct, and documenting lessons learnt.

Today, we are able to support project teams to make smarter risk-based interventions. Whether at  project design, supervision and/or evaluation; our diverse team of investigators and forensic/preventive specialists offer a solid interpretation of red flags, unusual/awkward behavior by contractors, in addition to an effective response to allegations of misconduct impacting World Bank-financed projects.

Bill Easterly and the denial of inconvenient truths

Brian Levy's picture

The Tyranny of Experts book coverIn his 2014 book, The Tyranny of Experts, Bill Easterly uses his rhetorical gifts to make the case for ‘free development’. In so doing, he takes his trademark blend of insight and relentlessness to a new level. But in this moment of history that has been described by democracy champion, Larry Diamond as a “democracy recession”[i], is it helpful to argue by taking no prisoners and not letting inconvenient truths get in the way?

Easterly, to be sure, communicates powerfully two big and important ideas. The first is that, as per his title, behind a seemingly technocratic approach to development are some inconvenient political realities. As he puts it:

The implicit vision in development today is that of well-intentioned autocrats advised by technical experts…. The word technocracy itself is an early twentieth century coinage that means ‘rule by experts’” (p.6)

In surfacing the implausible assumptions which underlie a world view of ‘rule by experts’, Easterly does us a service. One cannot engage effectively with today’s difficult realities on the basis of a vision of decision-making which ignores the inconvenient truths of self-seeking ambition, of contestation over ends among competing factions, and of imbalances of power which marginalize the interests of large segments of society. (Of course, as this essay will explore, many of these difficult realities arise – in different ways – in both predatory authoritarian and messily democratic settings.)

The second powerful idea is The Tyranny of Experts paean to freedom – “a system of political and economic rights in which many political and economic actors will find the right actions to promote their own development”.  (pp. 215-216). With eloquent libertarian rhetoric of a kind which Ayn Rand would no doubt have applauded, Easterly argues that:

we must not let caring about material suffering of the poor change the subject from caring about the rights of the poor”. (p.339)
 

The SDGs indicators on rule of law need to respect the targets agreed in September

Nicholas Menzies's picture
Click here for an interactive map of countries already collecting “legal needs” survey data which could inform the SDGs rule of law indicators: http://map.gastonpierri.com/

On Monday, the final round of discussions will get underway in Bangkok on the indicators to measure the Sustainable Development Goals that were agreed by all UN Member states in New York last month. The agreement from New York calls for the underlying indicators to “preserve the political balance, integration and ambition” of the agenda.

Target 16.3, as agreed in New York, is to “Promote the rule of law at the national and international levels and ensure equal access to justice for all.” The proposed indicators for 16.3, to be discussed in Bangkok, do not respect the ambition of the target as they both focus on the criminal justice system. Whilst criminal justice is important to many people’s lives – in truth, only a small percentage of the population comes into direct contact with the criminal justice system. Sustainable development is about much more.

Islamic finance: Strong standards of corporate governance are a 'sine qua non'

Nihat Gumus's picture



Proper corporate governance practices in financial institutions should provide added value by enhancing the protection of depositor and investor rights, facilitating access to finance, reducing the cost of capital, improving operational performance, and increasing institutions’ soundness against external shocks. Ensuring strong corporate governance standards is thus essential to the stability and health of all financial institutions, worldwide.
 
Good governance is an important priority for Islamic finance, an aspect of international finance that has enjoyed a stage of significant growth over the past decade. The volume of financial assets that are managed according to Islamic principles has a value of around $2 trillion, having experienced a cumulative average annual growth rate of about 16 percent since 2009 (Graph 1).

Graph 1: The Size of Islamic Finance Assets (USD Billion)


 
Banking has traditionally been the leading sector in the realm of Islamic finance, but the share of other products and institutions within the total realm of Islamic financial assets has been steadily increasing,  as well (Graph 2). For instance, the Sukuk sector – which focuses on securitized asset-based securities – has seen considerable growth over the past six years and, as of 2014, amounted to more than $300 billion. Similar momentum is driving the growth of the Islamic Funds and Takaful (Islamic insurance) sectors. From 2009 to 2014, the assets under management of Islamic Funds has increased from about $40 billion to about $60 billion, while the amount of total gross contribution to Islamic insurance has surged from $7 billion to more than $14 billion.

Graph 2: The Size of Islamic Finance Assets by Sector 2014 YE (%)


 

How Colombia is improving access to justice services

Jorge Luis Silva Mendez's picture
A female farmer near Santander, Colombia. Photo: © Charlotte Kesl / World Bank


Proposed Sustainable Development Goal 16: “Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.”

The UN General Assembly adopted this ambitious objective as one of the 17 new Sustainable Development Goals (“SDGs”) when they convened last week.  This is a landmark recognition of the importance of justice services for poverty eradication and sustainable, inclusive development. But how will it work in practice?

In the midst of ensuing debates around this question, Colombia offers valuable lessons. In a country torn by almost seven decades of civil war and conflict, access to justice is critical for the advancement of peace and development. Yet inefficiencies of the courts, and their concentration in select urban centers, raise the cost of access. Compounded by lack of information, these barriers have kept justice services out of reach for many citizens, particularly for the poor and most vulnerable.

The road not shared: Turning to the arts to help increase pedestrian safety

Patrick Kabanda's picture

The Creative Wealth of Nations is a series of blogs related to Patrick Kabanda's forthcoming book on the performing arts in development.

It was a scene I still can’t forget.
 
A few years ago on a busy Kampala intersection, cars zoomed by while pedestrians braced themselves to cross a road. They lurched back and forth, like a fence being blown hither and tither by heavy winds. In frustration, a voice of a woman with a baby tucked on her back cried out: senga no wabawo atusasira. “I wish someone would be kind to us.”

Climate of hope, amid a season of summitry: Anticipation builds for vital summits on sustainability and climate change

Christopher Colford's picture
Speeding through a season of summitry, the world’s policymakers now have sustainability at the forefront of their autumn agenda – and the private sector, as well, must rise to the sustainability challenge. Anticipation is building for this month’s opening of the United Nations General Assembly, where the next-generation blueprint for global development – the long-awaited, painstakingly crafted Sustainable Development Goals (SDGs)  – will enshrine sustainability as the central long-term international priority.
 
Sustainability writ large – in all its environmental, social and economic dimensions – has been the theme driving the global debate as the SDGs have taken shape. A comprehensive plan that prioritizes 17 objectives – with 169 indicators to measure their progress toward completion – the SDGs will frame the global agenda through 2030. The SDGs’ adoption – at a U.N. summit from September 25 to 27 – will be a pivotal checkpoint along this year’s complex pathway of diplomacy, which will culminate in Paris in December with a crucial conference on the greatest of all sustainability issues: climate change.

Optimism seems to be steadily increasing as diplomats continue to negotiate a global climate-change deal. The hope is for an ambitious agreement at the so-called COP 21 conference – the 21st gathering of the Conference of Parties in the climate-change negotiations. The question, however, is how ambitious that pact will be.

As Rachel Kyte – the World Bank Group Vice President and Special Envoy on Climate Change – pointed out in a start-of-September forum at the World Bank: “I think that everything is in place for a deal to be struck in Paris, a deal that is universal, that brings everybody in to the table. . . . So a universal deal, a universal framework . . . is possible. The question, I think, is how strong a deal it's going to be.”
 
Rachel Kyte on Climate Action


As the clock ticks down to the deadline for a deal in Paris, Kyte (in conversation with Kalee Kreider of the United Nations Foundation) offered a detailed analysis of the intricacies surrounding the final stages of the negotiations: “The question, really, now is the level of ambition, the strength of that deal. And that's politics, not science. That's politics, not economics.”

Discriminating against women keeps countries poorer

Sri Mulyani Indrawati's picture
© Stephan Bachenheimer/World Bank


In 100 countries around the world, women are barred from doing certain work solely because they are women. More than 150 countries have at least one law that is discriminatory towards women. And only 18 countries are free of any law disadvantaging women.
 
This is just the tip of the iceberg of legal barriers for women to achieve their full economic potential. New World Bank Group research in the Women, Business and the Law 2016 report shows that in 32 countries women cannot apply for passports in the same way as men and in 18 countries they cannot get a job if their husbands feel it is not in the family’s interest. Jordan and Iran are among them. In 59 countries, there are no laws against sexual harassment at work. Myanmar, Uzbekistan and Armenia are among 46 countries where there is no legal protection against domestic violence. In a nutshell, the research makes for depressing reading when you care about inclusion and ending poverty. 


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