the poor to have control over land and other assets (Target 1.4); and to measure progress
against many of the targets under Goals 3, 4 and Goal 5 on health, education and gender
equality (Dahan & Gelb, 2015; Gelb & Diofasi Metz, 2018). Proof of legal identity is essential
to ‘facilitate orderly, safe, regular and responsible migration and mobility of people’ (Target
10.7 under the goal to reduce inequalities within and between countries) (Long et al., 2017).
There is scholarly agreement that undocumented nationals often face significant exclusion
(Bhabha, 2011; Hunter, 2019). There is also evidence that expansion of social protection has
increased the demand for and supply of identity documentation – and more rapidly than
coercive measures (Breckenridge, 2014; Hunter & Brill, 2016; Gardner et al., 2017; Harbers,
2020; van der Straaten & Metz, 2019). Nonetheless, some argue that evidence of the
broader development benefits of strengthened identification systems is inconclusive in
practice, although ‘perhaps most clearly established in the realm of antipoverty cashtransfers’, making it challenging to balance the benefits and risks of new investments
(Brewer et al., 2015, p. 7). Debra Ladner and colleagues, researching the question ‘does
delivering legal identity improve the delivery of its associated social goods’, conclude that,
‘[i]n countries characterized by poor governance, weak institutions, and resource
constraints, legal identity may make little practical difference without complementary
reforms’ (Ladner et al., 2014, p. 73). In this, identification is like other efforts to strengthen
state capacity: improvement of service delivery requires not just infrastructure of various
types, but also the political will and systems of accountability to make it work effectively.
Presentations of current identification initiatives in Africa often seem to claim that better
identification will by itself facilitate access to social goods. The roll-out of digital ID in Benin
is described as ensuring efficient delivery of social services, especially through reduction in
fraud (Adjovi, 2019). Lesotho’s national identity and civil registry is said to enable civic and
social empowerment, as well as to ‘make possible real and inclusive economic gains’
(Raboletsi, 2019). In Nigeria, it is asserted that ‘A well-developed digital identification
program will help deliver the [government’s] development agenda, and provide for key
government services, such as safety net, financial inclusion, security and agriculture.’ (Aziz,
2019). In Kenya, the World Bank supported the government’s decision to roll out a national
biometric registration exercise, as the foundation of an ‘inclusive growth agenda … including
better targeting of subsidies to small-scale farmers, government social protection programs,
and e-medical services among several others’ (World Bank, 2019c). In Côte d’Ivoire, a new
biometric national population register will, it is claimed, enhance child protection, public
security, socio-economic planning, democracy, financial inclusion, and good governance
generally (Diakalidia, 2019). A similar list is provided for Tanzania (Malibiche, 2018).
For these benefits to be realised, however, there is need for greater clarity on what exactly
it is that is being delivered through these programmes, and how they relate to the
successful fulfilment of other state obligations.
Legal identity (un)defined
By contrast to the human rights framework on identity and birth registration for children,
and the established protocols on civil registration more generally, there is no international
legal framework governing the right to an identity or to be issued official documentation
later in life.
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