The rhetoric vs. the reality
“The goal of the ID4D is for all
people to be able to access services
and exercise their rights, enabled
by digital identification. ID4D
directly supports countries to
achieve Sustainable Development
Target 16.9 and in making progress
towards dozens of other targets such
as poverty elimination, reduced
inequalities, gender equality and
women’s empowerment, safe
and orderly migration, universal
health coverage, and financial
inclusion, among others.”
The World Bank
Situated within the wider Sustainable Development
Agenda, the provision of legal identity is understood as
offering a gateway to rights and services. This rhetoric
largely bypasses the issue of nationality, which is both
an integral part of a person’s legal identity and through
its function as a regulatory mechanism defining
obligations and commitments between citizens and
their state, often serves as the primary condition to full
civil participation and access to the rights and services.
Amina Mohammed, UN Deputy Secretary General and
member of the ID4D High Level Advisory Council has
emphasised the devastating effects of statelessness
(lack of any nationality) for the Sustainable Development
Goals:“Statelessness makes people invisible.
When people are unable to prove their identity,
they may be unable to access basic services like
education and health care. Statelessness can deny
people and communities their identity and sense of
self, contributing to the breakdown of family and
social relationships and creating legal problems
for generations. And stateless people are voiceless
people. Prevented from voting or participating
in public life, they are without representation
anywhere.”
The situation in the Dominican Republic clearly
demonstrates how birth registration alone does
not always equate to full – or even improved – civil
participation or access to welfare and other services.
The birth registration system was adapted to enable a
process of locking thousands of people out of access
to citizenship and the protections and rights that come
with it. In a context of wmass denial and deprivation of
citizenship from Dominicans of Haitian descent, a new
‘Foreign’ registry book was introduced. Many people
saw their birth record transferred to this Foreign
register, which meant that while they still had a ‘legal
identity’ in the narrow sense of birth registration, they
were no longer treated as citizens. This disqualified
them from accessing education, employment and
social welfare on equal terms with others.
Providing legal identity without paying due attention to
citizenship will undermine the inclusion that SDG16.9
actually seeks to facilitate. It seems that this important
message has been lost from the legal identity for
all agenda, overshadowed by the push to roll out
sophisticated technological solutions. Nationality (and
statelessness) must claim a place in the development
discourse if SDG16.9 is to contribute to the wider
ambitions to leave no one behind and to reach the
furthest behind first.
Digital solutions to legal
identity?
The evolution of the discourse around SDG 16.9 makes
it clear that the main priority of the key players is to
invest in digital technologies. However, there are two
important considerations that need to be addressed
before digitalisation can be implemented in a way that
is compatible with the guiding principle of the SDG
Agenda to leave no one behind.
First, it is important to ensure that the underlying
legislative and policy structures that determine legal
identity are not discriminatory or arbitrary. Otherwise,
even a well-designed digital solution will replicate
exclusionary practices already in place, not only
leaving those unable to obtain documentation even
further behind but effectively locking them out from the
system for good.
Serious concerns were raised on this question at the
ISI World Conference on Statelessness in June 2019.
Melanie Khanna, the Chief of UNHCR's Statelessness
Section, noted that “There is a risk that people
who have been blending in in a setting where ID
coverage is weak may effectively become more
differentiated […] There is a legitimate protection
concern there. “
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