Asian Development Bank - Access to Justice for the Urban Poor: Toward Inclusive Cities

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ACCESS TO JUSTICE FOR THE URBAN POOR

Toward Inclusive Cities

Asian Development Bank

2010 Asian Development Bank

All rights reserved. Published 2010.
Printed in the Philippines

ISBN 978-92-9092-044-1
Publication Stock No. RPT101888

Cataloging-In-Publication Data

Access to justice for the urban poor: toward inclusive cities Mandaluyong City, Philippines: Asian Development Bank, 2010.

1. Access to justice. 2. Urban poor. I. Asian Development Bank.

The views expressed in this publication are those of the authors and do not necessarily reflect the views and policies of the Asian Development Bank (ADB) or its Board of Governors or the governments they represent.

ADB does not guarantee the accuracy of the data included in this publication and accepts no responsibility for any consequence of their use.

By making any designation of or reference to a particular territory or geographic area, or by using the term country in this document, ADB does not intend to make any judgments as to the legal or other status of any territory or area.

ADB encourages printing or copying information exclusively for personal and noncommercial use with proper acknowledgment of ADB. Users are restricted from reselling, redistributing, or creating derivative works for commercial purposes without the express, written consent of ADB.

Note:
In this report, $ refers to US dollars.

Asian Development Bank
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1550 Metro Manila, Philippines
Tel +63 2 632 4444
Fax +63 2 636 2444
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For orders, please contact:
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Contents

Acknowledgments

Abbreviations

Currency Conversion Rate

Glossary

Foreword

Executive Summary

Urban Service Delivery Failure and the Urban Poor

Why Informal, Self-Help Solutions Ultimately Fail to Benefit the Poor

The Way Forward: Toward Inclusive Cities

Introduction

Poverty Reduction and Urban Governance

ADB and Good Governance

The Elements of Good Governance

Urban Governance

The Urban Poor, Governance, and Service Delivery Failure

Housing and Secure Tenure

Water and Sanitation

Solid Waste Management

Transportation

Conclusion

Grievances, Disputes, and the Urban Poor

Formal Dispute Resolution Mechanisms and the Urban Poor

Summary

What Works

Accountability

Participation

Predictability

Transparency

The Way Forward: Toward Inclusive Cities

What We Can Do

Inclusive Project Design: Examples

Questions to Ask During the Project Preparation Stage

Project-focused Complaint Handling Mechanisms

Phases in the Design and Implementation of Grievance Mechanisms

Acknowledgments

T his publication, Access to Justice for the Urban Poor: Toward Inclusive Cities, was prepared by ADBs Office of the General Counsel (OGC) with the support of Jeremy Hovland, General Counsel and Philip Daltrop, Deputy General Counsel. It is part of the regional technical assistance (RETA) on Access to Justice for the Urban Poor. Caroline Vandenabeele conceptualized the RETA, and she and Victor You acted as task managers under the supervision of Eveline Fischer, who retired as Deputy General Counsel in 2009.

The publication analyzes case studies and other data that appear in the final report of the RETA on Access to Justice for the Urban Poor prepared by The Asia Foundation (TAF) for ADB, and integrates these findings with input from the participants of the RETAs final regional workshop; ADB policies and strategies; and literature on law and policy reform and urban development. Christine V. Lao, legal consultant, is the main author of this publication. The TAF teamcomprised of Erik Jensen, Debra Ladner, Asha Ghosh, and Michael Lieberman, as well as its country specialists: Ferdous Jahan, Lydia Ruddy, John Taylor, Emma Porio and Sauwalak Kittiprapasprepared the final report from which this publication draws, and patiently conducted in-depth country research and organized several country and regional consultations and workshops.

January Sanchez, legal consultant, provided comments on draft RETA reports, and assisted Caroline and Victor in implementing the RETA. Elenita Cruz-Ramos provided excellent administrative support for this project, while Erwin Salaveria and Margret Tangan provided valuable research assistance.

The preparation of this publication involved discussions with many stakeholders within ADB. Special thanks are owed to Robert May, Karin Oswald, Claudia Buentjen, Amy Leung, Januar Hakim, Florian Steinberg, Tatiana Gallego-Lizon, Masayuki Tachiiri, Wendy Walker, Sekhar Bonu, and Madhumita Gupta.

Abbreviations

ADB	Asian Development Bank
BJS	Barangay Justice System (Katarungang Pambarangay)
BNP	Bangladesh Nationalist Party
CODI	Community Organizations Development Institute
DSK	Dushtha Shasthya Kendra
ETESP	Earthquake and Tsunami Emergency Support Project
HOA	homeowners association
ICESCR	International Covenant on Economic, Social and Cultural Rights
MERALCO	Manila Electric Company
MOA	memorandum of agreement
NGO	nongovernment organization
OSPF	Office of the Special Project Facilitator
PAT	Port Authority of Thailand
PDB	Power Development Board
PDIP	Partai Demokrasi Indonesia Perjuangan, (Indonesian Democratic Party of Struggle)
PIL	public interest litigation
PNPM	Program Nasional Pemberdayaan Masyarakat Mandiri (National Program on Community Self-Help and Empowerment)
RETA	regional technical assistance
TAF	The Asia Foundation
WASA	Water Supply and Sewerage Authority

Currency Conversion Rate

$1.00

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