IMP LEMENTATIO N
to acquisition of citizenship. Some aspects of paralegals’ work in such
programs include:
•W
orking with consular authorities of the country of origin and/or
UNHCR, or border commissions.
RELATED RESOURCE
• Good practices paper—
Action 2: Ensuring that no
child is born stateless, UNHCR
• Good practices paper—
Action 7: Ensure birth
registration for the prevention
of statelessness, UNHCR
• Child Protection Issue Brief:
Birth Registration, UNHCR
• Birth Registration: Right
from the Start, UNICEF
• A Passport to protection:
A guide to birth registration
programming, UNICEF
• Strengthening civil
registration and vital statistics
for births, deaths and causes
of death: Resource kit, World
Health Organization.
• Birth Registration in
Emergencies Toolkit, Plan
International
• Update on marriage
registration for refugees from
Syria, NRC
• Securing Status:
Syrian refugees and the
documentation of legal
status, identity, and family
relationships in Jordan,
Norwegian Refugee Council
and the International Human
Rights Clinic, Harvard
Law School
104 |
•P
roof of nationality is often a prerequisite to obtaining protections in
the country of residence, and many countries do not accept consular
cards as proof. If only a judge in the country of origin can issue a
nationality certificate, clients may have little opportunity to gain such
certificates.
•F
or stateless refugees, accessing protections for refugees is critical.
Most countries have more developed protections for asylum seekers
than for stateless persons. Further, international law protects
refugees from forced return and contains protection against
refoulement, which is essential.
•L
ack of nationality may complicate asylum claims. Paralegals should
help asylum seekers who are also stateless to have the state of
residence recognize their statelessness. If their asylum claim fails,
statelessness status may offer other protections.
•M
any states have no official procedure for confirming statelessness
and will only respond to correspondence from another state.
•D
edicated statelessness determination procedures may result in a
protective legal status of stateless person and put individuals on a
pathway to citizenship. However, other procedures may only confirm
statelessness, grant a few core rights, and leave the individual
without a path to naturalization, despite international principles that
states should help stateless people to become naturalized.
Protecting socio-economic rights
Sometimes it may be more effective for projects to focus on
undocumented and under-documented persons’ socio-economic rights,
such as access to schooling, before working on recognition of their
citizenship. This might happen in contexts where nationality and identity are
contested issues and systemic discrimination is driving differences in access
to legal identity documents, but education is open to those without such
documents. Open-ended interviews and focus groups may be a key way to
explore a wide range of health, education, livelihood, and related issues.
Sometimes individuals prefer to remain undocumented, for example if
the only documentation available to them would enshrine a status that
they don’t want, such as an ID card stating the holder is a foreigner.
Focusing on socio-economic rights prior to legal and citizenship status
may produce quicker results and create space for more constructive
relations with government actors on less politically sensitive topics than
citizenship (such as school drop-out rates or population healthcare
status). Improving access to services may in turn increase community
demand for access to legal identity documentation.
A C O M M U N I T Y- B A S E D P R A C T I T I O N E R ’ S G U I D E : D O C U M E N T I N G C I T I Z E N S H I P A N D OT H E R F O R M S O F L E G A L I D E N T I T Y
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents