W HO WE ARE SERV I N G A N D W HY
C AS E ST U DY
The Forum for Women, Law
and Development is a Nepalese
NGO. A national volunteer
paralegal movement has existed
since the 1990s in Nepal. Birth
registration and legal aid are
fundamental rights under
the Constitution, and over a
thousand paralegal committees
focus on civil registration,
citizenship, and child protection.
In addition to helping members
of the community access rights,
paralegals ensure communities
know their rights, conduct
social mobilization campaigns
(e.g. collecting signatures
for petitions), and develop
community leadership. In
Nepal, in practice, only fathers
are allowed to register births,
and obstacles arise where they
are absent or unsupportive,
so the FWLD program has
focused on women. This kind of
empowerment work challenges
traditional values and can
put paralegals’ safety at risk.
Recognizing the scale of the
challenge and its inherent risks,
FWLD built into its approach
efforts to sensitize and partner
with key stakeholders, including
local government, as part of
a broad-based movement for
change.
provide proof of their legal identity—and so face challenges accessing
rights they ought to be entitled to—are poor people living in developing
countries. Legal empowerment promotes vulnerable peoples’ ability to
use and shape law to solve their justice problems, and in the process
encourages institutions to be more accountable and to change for the
better. It is a vital tool to help shape civil registration and legal identity
documentation systems that will benefit all people.
Legal identity documents that serve as proof of nationality often give
individuals access to rights and services. But paralegal programs can
go beyond providing assistance towards document acquisition by
empowering clients and treating them as equals. A truly empowering
project teaches clients how to use processes, rather than simply providing
services to them. This way, not only does the community maintain agency,
gain knowledge, and develop skills, but clients can share the knowledge
they gain with others in their community. Legal empowerment projects are
often initiatives of communities themselves. Any new projects should take
into account existing efforts.
While some projects might include specific activities or programs to
promote legal empowerment, such as “know your rights” workshops,
the way projects are structured as well as paralegals’ daily interactions
with clients should seek to build the capacity and agency of clients and
their communities.
The following principles are recommended to guide the designers of
paralegal projects to ensure that your services are empowering your clients:
•T
reat acquisition of legal identity documentation as an important
objective, but not necessarily the final goal. This may mean
addressing discrimination through education or advocacy.
•C
onsider any potential risks or negative effects that documentation
of legal identity might have for individuals and communities. Section
5.1 Planning Strategically provides guidance for risk assessment.
Communicate clearly both the benefits and risks to clients so they
can make informed decisions on engagement with the project or
processes to obtain documentation.
•S
eek to identify the most vulnerable people within a community, and
ensure that the project includes them.
•S
eek to create or sustain a community-driven movement for justice
and access to rights.
• Build community leadership: ensure that affected individuals shape
projects, from assessing the need for services and planning strategically
to implementing the project and evaluating its success. Distribute
copies of laws, regulations, and information about procedures in local
languages and provide information sessions and trainings.
•U
se tools that emphasize clients’ potential to act independently.
Hiring, training, supervision, casework, client follow-up, monitoring,
and evaluation should all have this emphasis.
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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