W HO WE ARE SERV I N G A N D W HY
1.2 Who Can You Help by Using this Guide?
C AS E ST U DY
The NGO ASKV assists
undocumented migrants in
the Netherlands to obtain
nationality documents or
official recognition of their
statelessness. The organization
uses many methods to
obtain papers such as birth
certificates, school records,
and passports from countries
of origin or former habitual
residence. ASKV documents
all the steps taken in the
client’s file, as these efforts
may be important for future
procedures.
The NGO’s staff provides faceto-face guidance to clients,
helps clients get documents
by providing funds for related
costs, refers cases to social
services and lawyers, and
assists in preparing individual
and strategic litigation cases.
ASKV is building a global
network of pro bono
organizations and legal
advisors to access local
authorities abroad that they
would not otherwise be able
to reach. These organizations
must also show immigration
authorities whether documents
are obtained following official
procedures according to the
laws of these countries.
This guide was designed to cover as wide a variety as possible of potential
case types and their particularities. A key aim of the guide is to help
eliminate situations of statelessness and undetermined nationality. Certain
groups of people who lack proof of citizenship may be considered at risk of
statelessness. Foundational documents like birth certificates often serve as
evidence or proof of citizenship. Clients may be stateless if it is impossible
for them to fulfill the requirements to obtain documentary evidence
of any nationality, or if they have been repeatedly refused nationality
documentation to which they are entitled by law, or if the reasons a state
gives for refusing them documentation indicate that no state considers
them a national. Paralegals can also help when states are unresponsive to
clients seeking access to documentary proof of their nationality.
Communities can be highly diverse, with a range of characteristics, facing
different or compounded barriers to documentation and effective nationality
rights. Projects are encouraged to distinguish among such factors. Such
strategic analysis will help you design services that respond to clients’
differing experiences according to their socio-economic status, tribe or
caste, disability status, gender, age, literacy level, and other characteristics.
Usually, projects serve populations with one or more of the following
attributes, although this is not an exhaustive list:
• Nomadic
• Minority
• IDP
• Border
• Stateless
• Migrant
• Urban
• Rural
• Refugee
• In situ
• Indigenous
Proof of nationality can take many forms that vary by country, including ID
cards or numbers, digital certificates, nationality certificates, consular cards,
passports, and, in jus soli regimes, birth certificates. The form of proof that
best ensures clients’ protection and effective access to citizenship rights
will vary from context to context. Where parents’ documents need to be
obtained, this can increase project costs, particularly when fees to obtain
documents for adults are higher than fees for children.
Acquiring nationality documentation often depends on producing proof
of birth registration, and in systems based on parents’ nationality (jus
sanguinis), proof of parents’ nationality. In these cases practitioners will
need to help clients obtain birth registration, a birth certificate copy,
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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