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Key Text Report on the Asian Development Bank’s Law and Policy Reform Activities in Support of Poverty Reduction

Author: Asian Development Bank (ADB)
Date: 2004
Size: 25 pages (103KB)

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Summary

How does the Asian Development Bank (ADB) approach legal and judicial policy reform in its member countries? This report outlines its main areas of operation and priorities for the future. In line with the Bank’s commitment to poverty reduction, the scope of its work in the sector has been expanded to include interventions that address wider issues of access to justice.

The ADB has initiated and supported projects in the legal and justice sector since 1993. In earlier years, the focus was on putting in place legal frameworks for a market economy and building capacity among judges and government lawyers. However, in 1999, the Bank re-committed itself to eradicating regional poverty, resulting in an expansion of its justice-related activities. These now include legal support for the poor to gain equal access to assets and opportunities, and to participate in local decision making. Other aims are to strengthen the role of the state in providing public goods and services and regulating the economy, and to create an enabling environment for private sector-led growth. The Bank’s interventions are divided into four areas: legal and institutional reform, transparency and dissemination of information, capacity building and institutional training and research.

The ADB stresses its role in supporting the reform dynamic of member countries, and its willingness to experiment with and adapt approaches before wider implementation. Project examples highlight how its work is channelled into four priority areas:

Strengthening the environment for economic growth. Activities include shaping new laws and regulations for a market economy and training officials, lawyers and judges in how to implement them.
The ADB also gives technical assistance for effective participation in the global economy. It helped China gain membership of the World Trade Organisation and supported insolvency reforms after Asia’s financial crisis.
Empowering the poor. The Bank has carried out positive research into the impact of activities that promote awareness among the poor about their rights. It has also implemented land reform projects.
Supporting equality of access to justice and non-discrimination in the application of laws. Activities include a large access-to-justice programme in Pakistan and research into issues affecting women.
Contributing to regional cooperation in strategic reform areas. One recent focus has been cross-border efforts to combat money laundering and the financing of terrorism.

Moving forward, the ADB will continue to respond to requests for technical assistance from member countries. However, it also identifies specific areas in which it plans to build expertise:

Financial sector reform, including insolvency, secured transaction and capital market law.
Regulatory reform, for example in the electricity, gas and water sectors. This and the previous area support much ADB lending.
Legal and administrative governance. This involves improving access to justice by reducing discrimination and making state institutions more effective and responsive to citizens’ needs.
Key emerging issues. One current focus is on the implications of international and regional trade for member countries.
To support this work, the Bank will pursue further regional dialogue, build partnerships, mainstream legal empowerment activities into lending, and monitor the impact of its interventions on development.
It will also continue to encourage a broader view of what constitutes ‘a legal system’ and ‘access to justice’.

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Source: Asian Development Bank (ADB), 2004, Report on the Asian Development Bank’s Law and Policy Reform Activities in Support of Poverty Reduction, Office of the General Counsel, Asian Development Bank
Author: Asian Development Bank (ADB), http://www.adb.org/