W HO WE ARE SERV I N G A N D W HY
External paralegals vs. community-based paralegals
C AS E ST U DY
In northern Kenya, unlike the
rest of the country, government
offices only provide nationality
documentation during certain
seasons. In addition, government
offices are not accessible to
many people. Many young
people miss educational and
travel opportunities while
waiting for application periods
to come around. Application
forms are free from government
offices, but shops (which may be
more accessible) sell them for
money. Northern Kenya is home
to the world’s largest refugee
camp: Dadaab. Refugees in
camps in the area are also at risk
of documentation problems. In
2016, paralegals from Haki na
Sheria, an organization based in
the Kenyan Somali community,
helped 500 households
whose members were doubleregistered as both Somali
refugees and Kenyan nationals
to safely clarify their legal status
during a governmental amnesty.
Most projects surveyed for this guide use community-based paralegals.
This may involve equipping people from affected communities to act
as paralegals. It is also possible to combine community members and
external actors in the same team. If training community members as
paralegals is not right for your project, social / healthcare workers,
teachers, civil society organization (CSO) staff, protection committees,
community leaders, detention center workers, and local government
bodies (e.g. National Human Rights Institution representatives) could
potentially play a paralegal role. Hiring community-based interpreters or
assistants to work with staff recruited from outside the community can
have some of the same effects in terms of building trust in the affected
communities.
When deciding which approach or approaches to adopt, consider factors
like resources, performance, accountability, existing community-based
structures, and local NGO or legal aid laws. Many projects have paid staff
paralegals while also engaging volunteers for certain activities—such as
pro bono legal support with complex cases, or outreach volunteers to
widen paralegals’ coverage.
The
university clinic model is discussed further under 7.1 Identifying
and Recruiting Staff and/or Volunteers.
“COMMUNITY-BASED PARALEGALS ARE
QUICKER WHEN IT COMES TO HELPING
CLIENTS COLLATE THE DOCUMENTS THAT
THEY NEED TO APPLY FOR NATIONALITY.
COMMUNITY MEMBERS ARE MORE TRUSTING
OF COMMUNITY-BASED PARALEGALS, AS THEY
ARE MORE CONVINCED ABOUT THEIR LEVEL
OF INTEGRITY AND COMMITMENT.”
MAALINI RAMALO
PROJECT COORDINATOR, DHRRA MALAYSIA
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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