9.7 Collective Action
Some collective cases on recurrent issues may be addressed through
organized community action, which the paralegal can play a key role in
facilitating. Such action may take place within the community, such as
setting up a system to make sure no child’s birth registration deadline is
missed, or it may be aimed at external targets, through community-led
advocacy. Collective action should be community-led not only because it
will be more empowering but also because it will be more effective.
Paralegals should play a facilitating, supportive role, sharing skills and
guidance in order to increase the chances that the group’s voice and case
is heard. Note though that where paralegals themselves are part of the
community, projects should think through how authorities will perceive
paralegals’ involvement in these more politicized acts of mobilization
or concerted lobbying of decision-makers. There may also be laws and
regulations on paralegal service delivery that complicate the situation.
A shift towards community organizing becoming an effective means
of resolving cases might take place as the community becomes
more aware and empowered to deal with rights violations. Collective
action is therefore both a product of, and driver of, community legal
empowerment.
How to organize collective action to address documentation and
nationality rights
•C
oordinating or providing technical expertise to community action
plans.
•S
upplying locally-led campaigns with helpful statistical evidence to
support claims, taken from casework data.
• Setting up group meetings with officials or service providers.
•A
ccompanying community groups to such meetings, taking notes or
acting as facilitator.
•R
unning legal empowerment or negotiations skills sessions with
community representatives ahead of meetings with authorities.
•G
uiding the creation of community savings pots to address issues
such as late birth certificate fees as a community.
•G
uiding communities in establishing a system to ensure on-time birth
registration of all newborns.
•H
elping communities invite officials to visit their area and understand
how living without documentation affect peoples’ everyday lives.
•U
sing media platforms to build public support, in consultation with a
communications specialist or the project manager, in order to ensure
no harm is done.
CASE STUDY
IRC Georgia assists stateless and
undocumented persons through
both casework and referrals in
which multiple actors cooperate
to resolve documentation and
nationality issues.
IRC has trained social workers,
representatives of educational
and medical institutions, local
government bodies, CSOs,
community leaders, and
representatives of prisons to
provide paralegal services.
This includes consultations on
citizenship, statelessness, birth
registration, and identification
documents. These paralegals
identify individuals who require
further legal assistance and refer
them to the project.
The paralegal service providers
are evaluated based on the
number of cases referred to the
project, whether the case was
correctly identified, and the
satisfaction of the client.
This model has been working
for years without written
procedures, based on a
common understanding of rules,
predefined roles and functions,
and the common objective
of revealing and resolving
a problem. However IRC is
working to formalize the referral
procedure and make it more
sustainable through a written
standard operating procedure
that everyone would follow.
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
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