Social and economic factors also shape communities’ relationship to the
legal framework. Sometimes birth registration laws are fair and human
rights-compliant, but certain populations are not comfortable following
procedures or do not know about them or why they are important.
Understanding people’s relationship with the legal framework is key to
designing and shaping a paralegal response to the problem.
Overcoming structural discrimination generally requires both
grassroots and high-level coordination, along with community-driven,
evidence-based advocacy. See 10. Changing a System for further
discussion.
2.6 Times of War and Emergencies
In humanitarian settings, paralegal projects may still be possible, though
existing projects may need to tailor their approach when armed conflicts
or emergencies arise. You might need to take into account factors such
as alternative judicial and administrative structures in refugee or IDP
camps, or a situation where human rights protections are limited under
a state of emergency. Focus may be on birth registration for refugees or
IDPs, who can be at greater risk of statelessness. Paralegals may need
to look at laws and policies on asylum in order to address the needs of
a forced migrant population. Procedures for recovering lost documents
might be critical, especially if civil registries have been destroyed. If
moving to a third country is an option, legal identity documentation may
be particularly important.
ee 9.1 Meeting Clients’ Needs in Different Legal Contexts for further
S
resources and considerations relating to statelessness and civil
registration in refugee situations.
2.7 Determining the Form of Your Project
Independent vs. part of an existing organization vs.
university-based
If registration as a legal entity is difficult, slow, and/or expensive, it may
be best to avoid this process by partnering with an existing registered
organization. Many countries have complicated registration processes
for human rights organizations, particularly those that use foreign funds.
Some types of organizations that may be interested in partnering with
your project:
• NGOs with human rights missions or missions serving an affected
population.
• Existing paralegal networks or legal aid projects that do not already
work on nationality or documentation issues.
• Existing paralegal networks or legal aid projects that work on
nationality or documentation issues but lack the capacity to serve
the entire affected population in their area.
CASE STUDY
Paralegal work can be
valuable even where laws
and administrative processes
are discriminatory. Kenya, for
example, applies separate
strict and arbitrary procedures
(called “vetting”) for issuing
documentation to certain ethnic
groups. The Nubian Rights
Forum and Haki na Sheria help
clients who must navigate the
vetting process in order to
obtain national ID cards and
passports.
Paralegals from the Nubian Rights
Forum, working with the Nubian
community in Kibera, an informal
settlement in Nairobi, give clients
rehearsal interviews to help them
prepare for the questions they
will have to answer.
Paralegals from Haki na Sheria,
an organization in the remote
northern region of the country
near Garissa, observe the vetting
process there and capture
information on its discriminatory
nature and damaging impacts on
the community. When possible,
they challenge questions asked
by officials.
Both organizations also collect
data on each client’s experience
to advocate ending this
discriminatory practice.
In discriminatory environments,
consider the risks of pursuing
formalization of clients’ status.
Consult and communicate
extensively with communities
and establish risk-lowering and
monitoring strategies before
acting.
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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