What are the Obstacles that the poor face in getting legal protection?

1. #4. And Justice For All: Enforcing Human Rights For The World’s Poor, Gary Haugen And Victor Boutroshttp://www.youtube.com/watch?v=hnX-DTA50xM (5.45min) dir international institutions and global governance http://www.youtube.com/watch?v=hTlrSYbCbHE 4.32min universal declar of HRhttp://www.youtube.com/watch?v=3Gmd2X2G90w 3.30 min hum rgt viol

2. the new mandate of the human-rights movement in the twenty-first century must be helping to construct effective justice systems in the developing world. • After WW II mod human rgts movement began- scholars and diplomats started to codify international stds on fundamental rgts. E.g. UDHR, civil & pol rgts, social & cultural rgts. Etc. • HR - Outlawed many practices of peoples’ bondage and control • Unrealized potential of HR movement- 60 yrs of developing HR, few of these gains reach the poor who need the public justice.

3. What are the Obstacles that the poor face in getting legal protection? • the most pervasive criminal presence for the global poor is frequently their own police force • the state of the public justice system in the developing world is made worse by scarcity of lawyers in the LDCs: in Cambodia one for (22, 402) and in Zambia (25,667) .- not trained – corruption & bribery (drop cases) , - 100s of years to hear cases already on the court’s books. – 70% of Indian prisoners have never been convicted of any crimes- law enforcement in favour of social status of the persons often works against the poor – the poor do nto rely on the justice system as it does not protect them.

4. Why are public justice and law enforcement so weak in LDCs? • Enforcement is left to dysfunctional national law enforcement sys. – colonial roots of power and elite interests are the focus – narrow self-interest of the powerful or authoritarian rulers • Lawlessness allows corrupt officials and local criminals to block and steal crucial goods and services provided by the international development community, e.g. international justice mission. • Elites have no interest in building legal instns as they would limit their influence and power. • Human rights community- UN, NGOs etc. have largely neglected to establish a justice system that helps the poor

5. How does lack of legal protection undermine development efforts? • Services, Resources, aid and goods earmarked for intended beneficiaries do not reach them . 85% are diverted by corrupt officials – siphoning off the profits -stealing land to which farming tools are given as aid but become useless- sewing machines through micro credit does not help as profits are stolen buy local police • Abused women die at the hands of the violators – 2 out of 3 women physically abused – rape is common – Peru 40% of girls encounter being raped by age 14 - enforcement gap

6. Why is building public justice system difficult ? • Corruption and theft in the public justice sys discourage pursuing the task of implementing the rights for the poor • Minimal resource allocation for the implementation of the public justice system impeded progress. • International donor countries focus their resources and policies on international crimes, drugs and narcotics. • Need political will, local knowledge and innovative approaches for enforcement • Financial asst for building a system of justice, police and other enforcement institutions is costly • Rule of law aid and development aid would be mutually reinforcing and the poor will gain the benefits of both

7. Solutions • Cut off aid to countries that do not improve their capacity to protect the poor • Collaborative process betw. IJM (NGO) and the country’s govt in a geog area can work on case-driven agency – helping authorities fight sexual exploitation and violence against children – train the police etc. to learn how to protect the poor against injustices against them through enforcement of HR that remain merelyon paper.