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 | 29

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