Background Access to legal identity and civil documentation is one of the most basic of human rights, as enshrined in different international legal instruments. Legal identity refers to the recognition of a person before the law, and to confirmation of their nationality.3 Official proof of a person’s legal identity is demonstrated through issuance by national authorities of an official document, such as an ID card or passport, capturing essential personal information. Such documents allow persons to access basic services, travel freely and claim all the rights of a national of the country. Civil documentation refers to any official document capturing personal information and proving the civil status of a person, such as birth and marriage certificates. The two terms are typically used interchangeably, and the common term ‘civil documentation’ can refer to both. The right to legal identity and civil documentation is reflected in different international human rights instruments, including the Universal Declaration of Human Rights (UDHR)4, International Covenant on Civil and Political Rights (ICCPR)5, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)6 and International Convention on the Rights of the Child (CRC).7 3 There may be different interpretations of the terms ‘nationality’ and ‘citizenship’ in some contexts including in US and UK law. This report draws no distinctions between the two terms and uses them interchangeably. For commentary on the two terms, see ICLA Guide on Legal Identity (NRC:2015). 4 Article 6 of the UDHR notes that “Everyone has the right to recognition everywhere as a person before the law.” 5 Article 16 of the ICCPR similarly confirms that “Everyone shall have the right to recognition every where as a person before the law.” Article 24 confirms that “Every child has the right to acquire a nationality.” 6 Article 15 of the CEDAW states that “States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals”. 7 Article 7 of the CRC states that “The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents.” Without proof of legal identity, nationality and confirmation of life events, such as birth or marriage, residents are excluded from services and benefits, may be subject to arrest, detention and movement restrictions, and are denied rights as citizens. They may not be able to prove family relationships and may face challenges in enrolling children in school, accessing health care or finding employment. More significantly, they may be considered as stateless, i.e having no recognized nationality. For example, birth certificates are required for school enrolment. This has been waived for internally displaced children, but NRC’s education programming has found evidence of schools using the requirement of birth certificates to deny enrolment of children, including Muhamasheen children. A birth certificate is also a requirement for sitting the national exam at the end of Grade 9. Proof of legal identity, such as a birth certificate, marriage certificate or national ID, are necessary for some health services, such as maternal health services or surgery. Securty officials at checkpoints sometimes require individuals to present ID documents. The most common forms of legal identity and civil documents in Yemen include the national ID card, birth and marriage certificates and family books. Family books are booklets which contain a record of the persons in the immediate family, namely parents, spouses and children, thus providing proof of marriage and family relationships, including details of dependent children. A smaller percentage of persons also possess passports. Access to civil documentation is low among internally displaced persons in Yemen. However, the Muhamasheen community suffer specific challenges.8 Socially marginalized and economically poor, the community faces major barriers in everyday daily life including discrimination and poor treatment. They are referred to as “akhdam” (the Arabic term for ‘servants’) and are considered to be the lowest social class in the country. Some persons believe they are descended from African slaves or Ethiopian soldiers as far back as the sixth century. There are no official records on the size of this group, however, the United Nations has estimated there to be about 3.5 million Muhamasheen presently in Yemen.9 Historical marginalization of the Muhamasheen has resulted in a lack of access to services and an inability to claim basic rights. Their lack of civil documentation directly impacts their educational and health services and exposes them to different protection risks, including a lack of legal protection when abused or victimized. Background Individual Counseling (Photo: NRC) 2 The marginalization of the Muhamasheen takes place against a legal framework which protects the right to civil documentation. Law No 6 of 1990 on Yemeni Nationality defines who is considered a Yemeni and prescribes how a person can obtain Yemeni nationality whilst the Law of Civil Registration sets out the requirements for registration of all life events, including birth, marriage, divorce and death. The Muhamasheen meet the criteria for Yemeni nationality under the law and are entitled to proof of legal identity and civil documentation.10 In practice they sometimes face challenges obtaining these documents. They are implicitly denied Yemeni nationality. 8 The word ‘Muhamasheen’ is the literal Arabic translation of ‘marginalized’. The group is marginalized in different ways and generally looked down upon by other Yemenis. 9 Muhamasheen Community Profile (2022). 10 Article 2 of the Law of Yemeni Nationality reads, “Yemenis are those who have naturally resided in the country at least for 50 years at the time of passing this law. The residence of the ascendants complements the residence of the descendants and wife should they have the intention of naturalization”. As per this article, Muhamasheen are considered Yemenis on account of their long-term historical residence in the country for centuries. Information in the camps (Photo: NRC) ACCESS TO LEGAL IDENTITY AND CIVIL DOCUMENTATION AMONG THE MUHAMAHSHEEN IN YEMEN 4