Abstract :
The Commission on Legal Empowerment of the Poor (CLEP) states that workers
in the informal economy can be legally empowered by bringing them within the
framework of effective legal regulation, in particular, international labour standards.
This paper acknowledges the value of extending rights to workers in the informal
economy, but argues that CLEP’s recommendations are impractical and
unrealistic. It shows that neither international standards nor recent national legislation
designed to promote the legalization of informal enterprises offers unqualified
positive answers to resolve the plight of workers in the informal economy.
Given the poverty of prevailing regulatory structures and the pervasive impact of
inadequate structures of governance, workers in the informal economy justifiably
distrust legal institutions and, as a consequence, do not, in the first instance, resort
to legal institutions in their quest for empowerment. This paper offers examples
of strategies that have successfully enhanced the social, political and economic
power of workers in the informal economy. It concludes, however, that although
the legal system has a role to play in consolidating the gains achieved by these
strategies, law and legal institutions do not necessarily offer the best point of departure
towards effectively empowering workers in the informal economy.