BoP Protocol Needs Assessment Malawi
From MicroJustice
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[edit] Legal needs of individuals in Malawi
Research proposal and request for funding Project title: Legal needs of individuals in Malawi Applicant: Bureau FAQ, Tilburg Michel Knapen and Mirjam Vossen Address: Van Meterenstraat 31, 5014 KC Tilburg Phone: 013-5425123 / 013-5800119 E-mail: bureau@faqcongressen.nl
[edit] Abstract
In the last decade a number of bottom-up approaches to legal development cooperation have been developed. One novel approach is microjustice. Microjustice solutions are based on the Base of the Pyramid (BoP) protocol, developed by Stuart Hart and C.K. Prahalad. The aim of the research is to develop new methods of legal aid and conflict resolution that are affordable and sustainable for the poor. This research project will explore the opportunities for microjustice in Malawi. The primary objective of this study is to increase the knowledge about the legal needs of low-income individuals in Malawi. Secondly, it will increase the knowledge about the strategies these individuals use to cope with legal problems. Thirdly, it will investigate the opportunities for microjustice in Malawi.
[edit] 1. Introduction
Access to justice is essential for human development and basic human security. The quality of people’s lives is closely linked to investments in property and relationships with family, community members, employers and authorities. Protection of financial, physical and social capital is a key element of any strategy to enhance development. However, many of the world’s poorest lack access to legal services. Their knowledge about their (basic) rights is limited. Legal help and advice is out of reach for many low-income persons. In the last decade a number of bottom-up approaches to legal development cooperation have been elaborated. One novel approach is microjustice. Similar to microcredit and microinsurance, microjustice aims to diminish vulnerability and protect the investments that can lift people out of poverty. The goal is to create paths to justice that are less expensive, less time-consuming and less burdensome. A key characteristic of microjustice is that it is not donor-driven. The solutions are based on the Base of the Pyramid (BOP) protocol, developed by Stuart Hart and C.K. Prahalad, to make profitable products for the poor. Microjustice solutions are shaped as small businesses that provide effective and affordable services to low-income individuals. The Microjustice Initiative was launched in 2006 by the International Legal Alliances (ILA) and Tilburg University (TU). The Microjustice Initiative aims to set up a network of Microjustice programs in countries throughout the world. In 2007, a pilot project started in Bolivia. Bureau FAQ in Tilburg, the Netherlands aims to explore the prospects of microjustice in Malawi. The starting point is a study of the legal needs of individuals in Malawi. The outcome will lay the foundation for a microjustice program in Malawi. The study will be done in close collaboration with Tilburg University.
[edit] 2. Concise literature review of Access to Justice in Malawi
The republic of Malawi is one of the poorest countries in the world. It ranks 165 out of 177 in the UN Human Development Index. The GNI per capita is $ 800. The country introduced a multiparty democracy system in 1994 with an independent judiciary. The Malawian law is based on the common law. The majority of the population has no access to formal justice. Transport costs (i.e. to the courts) are a barrier for people from rural areas. Other impediments are language, the (high) costs, the legal illiteracy on substantive law (knowing what your rights are), the complexity of the procedures and lengthy delays. Most Malawians seek resolution of dispute in primary justice. Traditional leaders, especially village headmen, have been a principal source of primary justice in Malawi. Other sources, such as community based organizations and non-governmental organizations, also promote access to primary justice. The introduction of multi-party democracy increased the attention for the legal needs of Malawians. Government and donor organizations launched extensive programs to improve access to justice for the poor. In the past decade, a number of reports about access to justice have been published. The vast majority of these studies approach the topic from the perspective of the justice system. Some researchers investigate the problems of the formal justice system; others focus on the opportunities and limitations of primary justice in Malawi. Very few reports address the topic from the perspective of ordinary Malawians. Little is known about their legal needs, the urgency of various legal needs, and their satisfaction with the current strategies to resolve legal problems.
[edit] 3. Research objective
The aim of the research is to develop new methods of legal aid and conflict resolution that are affordable and sustainable for the poor. The primary objective of this study is to increase the knowledge about legal (daily) problems and legal needs of low-income individuals in Malawi. Secondly, it will increase the knowledge about the strategies these individuals use to cope with legal problems. Thirdly, it will investigate the opportunities for (commercial based) microjustice in Malawi. The research has an explorative nature.
[edit] 4. Research questions
The study will concentrate on the following issues:
- What are the most urgent legal problems of individual Malawians?
- How do Malawians solve these problems now? To what extend are they satisfied with the solutions?
- To what extend can Microjustice improve the access to justice in Malawi?
Ad a: What are the most urgent legal needs of Malawians? The feasibility of microjustice in Malawi is dependent on knowledge about the urgency of legal problems: poor people are only willing to pay for legal services if the issue they need to resolve is very important and urgent to them. Therefore, local knowledge about the urgency of daily legal problems is a basis for any microjustice initiative.
Ad b: How do Malawians solve these problems? To what extend are they satisfied with the solutions? The research will reveal methods Malawians use to solve legal problems, such as self-help, help from ngo’s, mediation, consultation of traditional authorities, services from the official legal systems (lawyers and other legal professionals) – or just accepting the situation. Not only the steps people take in dealing with legal problems and the outcome of these steps will be described, the research will also measure the satisfaction with these solutions. In addition, the research will collect suggestions from ordinary Malawians for improvement of their access to justice.
Ad c: To what extend can Microjustice improve the access to justice in Malawi? The outcome of part a. and b. will draw a picture of the most urgent legal problems, the strategies people use to solve these problems, and the potential for innovative solutions to address them. Based on this information, we will make a SWOT-analysis of the potential for a (commercial based) microjustice program in Malawi.
[edit] 5. Methodology
The approach we choose is a qualitative field study. The location is a low-income area in the city of Blantyre, Malawi. The selection of the exact location will be based on information from the latest National Household Survey. The research subjects are adult individuals in this area with a household income of less than 2 US dollars a day. We will use the following methods to explore the topic:
- Review of literature – such as working papers, theses, project evaluations – about access to justice in Malawi;
- Interviews with key persons, like local authorities, traditional authorities, ngo’s, microfinance institutions, law officers and academics in the field of law and justice. Information from these interviews will lead to a topic list for the next part of the study;
- Topic interviews and focus group discussions (FGD’s) with at least 50 individuals, randomly approached, in the research location.
A theoretical framework will be provided by a study of Barendrecht et al., which gave an initial impetus to rank the urgency of legal problems. The assumption of this study is that legal needs are universal, but priorities and urgency differ from country to country. The study investigated various approaches that indicate the frequency and urgency of legal problems. However, the study was limited to seven developed countries and China. We will use Barendrecht’s study as a basis for interview topics with our research subjects in Malawi. Furthermore, the Base of the Pyramid protocol will serve as a process guide for this study. The protocol is a process based framework by which a working team can acquire a deep understanding of local needs and perspectives, and then develop sustainable business models in partnership with bop-communities. This study will use elements from the first phase of the protocol, particularly the ‘Needs & Assets Identification’. The objective of this phase is to identify various needs of the community, and map the resources, assets and capabilities that currently exist within the community.
[edit] 6. Output
The research will result in the following products:
- A research report with a ranking of the most urgent legal problems of Malawians; strategies to solve these problems and satisfaction with these strategies (research question a. and b.);
- A SWOT-analysis for microjustice in Malawi (research question c.);
- A scientific article, to be published in a academic journal;
- A practical guide for researchers who want to investigate local legal needs in developing countries;
- Publications in popular Dutch media and professional journals, such as NRC Next, Vice Versa, IS, Mr. and Advocatenblad (the Dutch lawyers Magazine);
- A special Wereldpodium about ‘access to justice for the poor’. (The Wereldpodium is a platform for debate and dialogue.)
[edit] 7. Time frame and research team
The research will be conducted between August and December 2008. The research team will consist of two Dutch and two Malawian researchers. The field work will be conducted with the help of three research assistants.
- August-Preparation and literature review
- September-Interviews with key persons
- October-Topic interviews and FGD’s
- November-Data analysis and report writing
- December-Writing articles, practical guide, scientific paper; organizing Wereldpodium
[edit] 8. Researchers
Michel Knapen (1960) holds a master degree in Economics (Tilburg University, 1988) and Dutch Law (Open University, 2006). He worked as scientific editor and editor-in-chief at the newspaper of Tilburg University. Since 1998, he works as an independent free lance legal journalist (Bureau Knapen & Pen) and published articles in the broad field of law and justice in legal newspapers and magazines. In 2007 he established Celsus juridische uitgeverij (Celsus legal publishers). He is co-owner of FAQ Congressen.
Mirjam Vossen (1965) is an independent journalist and researcher. She studied Journalism (Academy of Journalism in Tilburg, 1998) and International Development (University of Utrecht, 2006, cl). As a journalist, she wrote numerous articles about globalization, development cooperation and microfinance. In 2006, she was in charge of a research project for Habitat for Humanity Malawi. She conducted a mid-term evaluation a housing project for slum dwellers in Lilongwe. In 2007, she was co-author of Hulp. Waarom ontwikkelingshulp moet, groeit en verandert. In 2008, she published Eerste hulp bij ontwikkelingswerk. Mirjam Vossen is board member of Stichting Het Goede Doel, a Dutch ngo. She is responsible for the project implementation and the design of base line studies and needs assessments.
Research supervision: Maurits Barendrecht, Professor of Civil Law at the Tilburg University since 1992. Before that he was a partner in the Dutch law firm De Brauw Blackstone Westbroek. His research interests include Access to justice, measuring and assessment, access to justice for the poor in developing countries.
[edit] 9. References
- Barendrecht, M. & Van Nispen, P., Microjustice, Tilburg University, TILEC discussion paper no 2008-010.
- Barendrecht, M. et al., Priorities for the Justice System: Responding to the Most Urgent Legal Problems of Individuals, Tilburg University, Legal Studies Working Paper no. 002/2008.
- DeGabriele, J. & Handmaker, J., ‘Justice for the people: Strengthening primary justice in Malawi’, African Human Rights Law Journal 2004.
- Kanyongolo, F., Malawi. Justice Sector and the Rule of Law. Open Society Initiative for Southern Africa, South Africa 2006.
- Pelser, E. et al. Crimes of need. Results of the Malawi National Crime Victimisation Survey, National Statistical Office, July 2004
- Rooij, B. van, Bringing Justice to the Poor. Bottom-up Legal Development Cooperation. Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, July 24, 2007
- Schärf, W., Banda, C., Roentsch, R., Kaunda, D., and Shapiro, R., Access to Justice for the Poor of Malawi? An Appraisal of Access to Justice Provided to the Poor of Malawi by the Lower Courts and the Customary Justice Forums. UK Department for International Development 2002.
- Simanis, E. et al., Strategic Initiatives at the Base of the Pyramid. A Protocol for Mutual Value Creation. Cornell University, 17 February 2005.
- Simanis, E. & Hart, S., The Base of the Pyramid Protocol: Toward Next Generation BoP Strategy. Cornell University 2008.
[edit] Results
The results are now available in the report:Township Blues Legal needs of individuals in Ndirande, Blantyre
Conclusions: People already pay a lot of money to solve their legal issues, around € 21 per problem. Microjustice should focus on the legal problems that residents of Ndirande identify as the most urgent: property grabbing, family issues (notably paternal neglect), employment issues, land and tenancy issues, theft and detention. Microjustice could focus on providing legal information about issues such as inheritance rights, affiliation responsibilities, tenancy rights, land rights and rights for accused. Other options are contracts and legal documents, as well as mediation skills. The report will be available through Microjustice.org shortly.
