Law and Regulation
Photo: Global Environment Facility/Flickr
Waste pickers are the principal actors in reclaiming waste for the recycling industry. Across the world, large numbers of people from low-income and disadvantaged communities make a living collecting and sorting waste, and then selling reclaimed waste through intermediaries to the recycling industry. Where others see trash or garbage, the waste pickers see paper, cardboard, glass, and metal. They are skilled at sorting and bundling different types of waste by color, weight, and end use to sell to the recycling industry. Yet waste pickers are rarely recognized for the important role they play in creating value from the waste generated by others and in contributing to the reduction of carbon emissions.
Fortunately, around the world, waste pickers have been organizing and cities have begun to promote the virtuous circle that comes with integrating waste pickers, the world’s recyclers, into solid waste management.
Brazil was the first country to integrate waste pickers, through their cooperatives, into municipal solid waste management systems and the first to adopt a National Waste Policy, recognizing the contributions of waste pickers and providing a legal framework to enable cooperatives of waste pickers to contract as service providers. The national movement of waste pickers in Brazil was awarded a contract to clean the stadiums during the World Cup.
At the time, the country was still opening up to the outside world, and the Bank had just set up a small office there. I recently returned to Vietnam after 15 years, this time as the Bank’s Global Lead for Land. I saw a completely different country: while the old city charm is still there, Hanoi has transformed to the point that it is really difficult to recognize… as if I had landed in Japan, China, or any other Southeast Asian country.
The airport used to be one gate; now, it is a modern airport not much different from any airport in Western Europe or the United States. I remember that, when I worked in Vietnam in the mid-90s, GDP per capita was averaging US$200, and around 50% of people lived in extreme poverty. Today, GDP per capita has soared to about US$2000, while extreme poverty has dropped to around 3% according to the US$1.9/day extreme poverty line... An impressive achievement in less than 20 years.
My trip to Vietnam had the goal of helping the government modernize and automate the land administration system. In the early 90s, the country launched an ambitious reform program to transform the land use model from communal farming to individual household ownership by breaking up the communal land structure and distributing land to individual households. This reform was then credited with changing Vietnam from a net importer of rice to one of the largest rice exporters in the world in only a few years.
In accordance with the Land Law of 1993, the first Land Use Certificates (LUCs) issued under the program were in the name of the “head of household”, i.e. in the name of men only. Later on, the Vietnamese government, with support from the World Bank, strove to change things around by issuing LUCs bearing both the wife’s and the husband’s names.
The investigation, indictment, and arrest of several FIFA officials sends a simple and powerful message: No matter how untouchable an entity seems to be, in today’s world no organization, company, or government is immune from public scrutiny and law enforcement when it comes to allegations of fraud and corruption. Tolerating corruption as a “cost of doing business” is quickly going out of fashion.
The World Bank works hard to tilt the equation in favor of clean business in its fight against poverty. We investigate and hold perpetrators accountable when we receive allegations of wrongdoing in projects. Since we began this work, we have sanctioned more than 700 firms and individuals for misconduct in our projects. Most of these sanctions involve some form of debarment, rendering persons and firms ineligible to bid on future Bank-financed contracts. We recently released an updated review of our experience in investigating and adjudicating fraud and corruption cases, and it shows that it’s possible to tackle corruption in a way that is efficient, effective and fair.
Mobile Banking, Movable Collateral Registries, Can Boost Female Financial InclusionEmpowering women, creating opportunities for all, and tapping everyone’s talents—these aren’t just preconditions to achieving every other vital development goal. They’re essential to building prosperous, resilient economies and meeting the fast-growing challenges of the 21st century.
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.
Turkey has radically transformed its land title registration system, and decreased the turnaround time for recording property transactions to just two hours.
I remember my first visit to the agency in 2007. The agency is heavily staffed (15,000), has more than 100 branches and its main headquarters had once almost fallen apart. In my first visit, the head of the agency gave me a nice surprise: he showed me a land book that dated back to the 18th century, and included a record of my great-great-grandfather’s land title in Palestine.
The head of the agency had great plans to transform the agency by improving land records, introducing computerization and integrating the system into the overall e-government program, and setting a time limit of one day to register land transactions. Based on that an ambitious reform agenda, we worked together over a few months’ ‘time to prepare the cadastre modernization project. The Bank partly financed this reform through a $100 million loan, while the Turkish government funded the rest of the program. The project started in 2007, and I moved on to other positions later that year.
This time I had a second surprise. The institution is completely transformed. The main office has been completely and beautifully renovated. It now resembles any other government office in the US or Europe. The agency presented its achievements. It was amazing to see what had been accomplished in 8 years. The government is about to complete the renovation of the cadastre and the computerization of all land records, including historical records from Ottoman times. Service delivery has improved dramatically, with property transactions now being registered within 2 hours. They also integrated cadastre registration into the overall e-government program, which allows any Turkish citizen to access the record of their land/property online. Above all, customer satisfaction has reached 97% — something unheard of for land agencies, often known to be among the most corrupt agencies in many countries.
Celebration in front of the White House on
Friday, June 26.
This past Friday, June 26, 2015, the US Supreme Court issued an historic decision in favor of equality – recognizing the rights of same-sex couples to get married across the entire United States. This is a moment of personal joy for thousands of families but also a momentous declaration of what equal protection of the law means. As a global development institution, the World Bank has an international workforce that reflects the diversity of its member countries. We welcome this decision of the US Supreme Court - not only for the justice it brings to LGBT staff, but also because it exemplifies principles that are fundamental to inclusive and sustainable development.
Along with the recent referendum in Ireland, same-sex marriages are now performed or recognized in 24 countries across every region of the globe, except for most countries in Asia – from South Africa to Mexico; Argentina to New Zealand.
Why is marriage important? In the words of Justice Anthony M. Kennedy who wrote for the majority in the historic decision of the US Supreme Court, “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family. In forming a marital union, two people become something greater than once they were. ” And through the institution of marriage, LGBT families become visible to the state, and thus entitled to receive the benefits and protections that come with such recognition.
However, the decision on Friday is bittersweet.
Progress in the US and elsewhere comes against a backdrop of continuing – and in some cases worsening – discrimination in many parts of the world. 81 countries criminalize some aspect of being LGBT. ‘Anti-gay propaganda’ laws have rekindled ignorance, fear and prejudice in too many countries, and in 10 countries you can legally be killed simply for being who you are.
Who has not faced a situation wherein the law on the books in a particular country looks just beautiful but things seem to be going horribly wrong in practice?
Whatever the gap between the law on the books and the law in practice, how does one even go about assessing it in the first place before starting to bridge it? What is feasible, given the budgets that we are likely to work with when carrying out these diagnostics?
Process maps may be just what you are looking for. As part of a Judicial Functional Review in Serbia, our team was tasked with assessing the implementation gap between the provisions in the codes and the practice in the courts. Time was limited and resources scarce.
So what did we do?