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. 114 | 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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