or a copy of parental documentation—which can range from proof of
a parent’s identity (containing names and birth date) to proof of their
nationality, marriage, or legal migration status in the country where the
birth is being registered.
A key question will be whether a project intends to work with in situ
populations or with stateless migrants. Most stateless people are in
situ and have ties to only that state. They live in that state yet are not
recognized as a national of that state. However, some programs that
may benefit from this guide will address those who have potential
entitlement to multiple nationalities due to having ties to more than one
country. Generally speaking, practitioners will be engaging with their own
government for the in situ stateless and may have to work with other
countries’ governments for those with ties to multiple countries. However,
it is important to note that in many cases in situ stateless populations
are stateless because the state where they live considers them to be
foreigners, and, in these and in other cases, in situ stateless people and
migrants may live together in the same community.
Assisting indigenous populations with proof of legal identity may be
especially difficult, since certain cultures may not find civil registration or
international borders relevant. Many languages have no exact translation
of “nationality” or “citizenship” as defined by the present-day nation–state
system, and paralegals or their interpreters may have to convey messages
in culturally-appropriate terms, without compromising on legal accuracy.
Plural legal regimes may also be recognized, and paralegals might need
to be trained to navigate these where appropriate.
In addition to paralegal projects that support individuals to obtain
documentation to help them enjoy rights, this guide will be useful
for projects that go beyond facilitating access to legal identity
documentation. Ensuring clients can use their legal identity documents
to access their rights may come later in the evolution of a project and
depend on institutional capacity, how much discrimination limits the
usefulness of citizenship documents, or the breadth of the project’s
empowerment objectives, among other factors.
CASE STUDY
In South Africa, stateless
migrants have no option but to
apply for asylum, but the overburdened system generally
rejects their claims, leaving
them vulnerable to deportation
to countries that do not
recognize them as nationals.
Asylum seeker permits allow
them to work legally and
complete their studies. South
Africans who cannot obtain
recognition of their nationality
do not even have this option.
At Lawyers for Human Rights,
lawyers help paralegals, most
of them law school students,
to assist with cases of
statelessness in South Africa,
providing legal advice, drafting
letters and other documents,
representing clients, and
helping clients write their
affidavits if a court order is
needed.
1.3 Assistance that Empowers Individuals
and Communities
Legal empowerment is both a process and a goal. Legal empowerment
is a movement that seeks to challenge systematic inequality and
discrimination by connecting disadvantaged communities with tools that
will help them access justice. Those who typically face inequality and
discrimination in acquiring legal identity documentation are often the
most vulnerable in society. More than 75% of the world’s known stateless
populations are members of minority groups.2 Most people who cannot
2.
DISCRIMINATION
EMPOWERMENT
SUSTAINABILITY
DATA
RELATED RESOURCES
(EXTERNAL)
RELATED SECTIONS
(WITHIN)
UNHCR, Stateless Minorities: http://www.unhcr.org/ibelong/stateless-minorities/.
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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