IMP LEMENTATIO N
How to ensure that collective action results in empowerment
C AS E ST U DY
A group of paralegal
organizations in Kenya, known
as the Coalition on Nationality,
Citizenship and Statelessness
Empowerment, or CONCISE,
wrote a letter to members
of the Kenyan Parliament
recommending changes to a
draft Registration of Persons bill
in 2016. Legal empowerment
NGO Namati helped turn
their requests into a petition,
which CONCISE members
and their paralegals showed
to members of communities
in several parts of Kenya that
face discrimination in access to
registration and confirmation of
citizenship. Over 2,000 people
mobilized to sign the petition,
which was then submitted to
Parliament and distributed
through two MPs’ caucuses.
•S
hare knowledge of campaigning or negotiation techniques with
communities, so they can put their own plans into action more
effectively.
•E
nsure representative participation in any collective actions,
including perspectives from women, children, disabled, minority,
elderly individuals, and other marginalized groups.
•E
ncourage communities to reflect on actions that did not work and
how to improve.
•C
onsider providing ongoing training on legal or other matters to
community members who express an interest in this work: you may
build up a network of volunteers or future paralegals.
• If collective action is successful at reducing barriers to accessing
documentation, help communities access the rights that
documentation should make available.
9.8 Litigation
In some contexts, a paralegal might not be able to resolve a case without
going to court. This will generally mean involving a lawyer, whether from
within the organization or through a referral. Paralegals may support the
lawyer and the client in these ways:
• Helping them strategize.
• Gathering information about a case.
•P
reparing—or helping clients prepare—the necessary written
submissions.
• Accompanying a client to court.
• Acting as an interpreter between the client and the lawyer.
• In some jurisdictions, where paralegals have the right training and a
lawyer’s participation is not necessary in all situations, for example
leading a client’s case before a juvenile or magistrate’s court.
• Implementation of a judgement obtained through litigation.
Lawyers may be available to act in human rights cases on a pro bono
basis, and relationship-building at the start-up stage should take this into
account and target such partnerships.
How to make litigation empowering
•L
et clients make the decisions after detailed and open discussion of
the advantages and disadvantages of each option.
•U
se the opportunity to train clients on the law, and ask them to tell at
least two people in their community what they learned.
•P
repare clients thoroughly for court appearances, so that they
understand what will happen and feel confident.
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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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