Executive Summary Despite constituting over 10% of the Yemeni population, the Muhamasheen are a historically marginalized community who suffer discrimination on a daily basis and lack basic legal identity and civil documentation, including proof of their Yemeni nationality. As such, many of them are considered stateless. Without civil documentation, they are denied access to basic services including health, education, government assistance and humanitarian aid. They face challenges in moving freely past checkpoints and cannot exercise other basic civil rights including registering their businesses, buying, selling and renting property and accessing the financial and hawala systems. Lack of documents severely limits their livelihood opportunities, resulting in protection risks including child labour as well as a lack of legal protection. Executive Summary The socio-economic situation of the Muhamasheen and their marginalized treatment within Yemeni society is well-documented.1 Previous research has noted the difficulties for the Muhamasheen in accessing health, care, education, livelihoods, and shelter.2 The current report builds on earlier information and draws from a recent field assessment conducted by the Norwegian Refugee Council (NRC) in the southern governorates of Yemen focusing on the barriers and challenges for the Muhamasheen in accessing proof of legal identity. The assessment is based on a survey of 385 Muhamasheen community members in Aden, Lahj and Abyan governorates, as well as interviews with key stakeholders and community leaders and a series of focus groups discussions. 1 See for example Al Waraq, The Historic and Systematic Marginalistion of Yemen’s Muhamasheen Community, June 2019, Sana’a Centre for Strategic Studies; Al Sarari, The Muhamasheen in Yemen: Alienation at the Bottom of the Heap; Al-Mafali, Anti-Black Racism in Yemen: Manifestations and Responses; UNHCR Muhamasheen Community Profile; UNHCR, Yemen’s ‘marginalised ones’ endure hunger, displacement; Yemen’s ‘marginalised ones’ endure hunger, displacement. 2 See for example UNHCR Muhamasheen Community Profile. Key findings are as follows: Access to proof of legal identity is very low among the Muhamasheen in Yemen with 78% (299 individuals) surveyed lacking a national ID card; the main identity document in Yemen. Disenfranchisement is inter-generational. Forty-two percent (42%) of those surveyed did not know if their parents had possessed a national ID card. Many Muhamasheen youth also lack access to legal identity with 80% of head of households reporting that their children aged over 16 do not have a national ID card. Access to birth certificates among Muhamasheen children is higher than access to national ID cards among adults, with 58% of heads of households reporting that their children under 16 years of age have access to birth certificates. 93% of respondents believe that lack of access to legal identity and civil documentation affects access to basic services by the Muhamasheen. The main challenges faced by the Muhamasheen in obtaining legal identity and civil documentation are high costs (transportation, photos, and fees - 40%), lack of information on where and how to apply for documentation (29%), and discrimination against Muhamasheen (10%). NRC data collectors meeting the Muhamasheen community in Lahj (Photo: Hend Saleh/NRC) 1 Despite the low rate of access to legal identity documents, the assessment also highlighted a number of practical and tangible steps that could be taken to significantly increase access to civil documents for the Muhamasheen community. These include a combination of awareness raising and social cohesion measures, legal and financial assistance and better resourcing and capacity building of Civil Registration Authorities (CRA). Through improved access to health, education, employment opportunities and freedom of movement, such measures could have a significant positive impact on daily life for the Muhamasheen, as well as enhancing their inclusion, equality and dignity. Whilst entrenched attitudes take time to change, access to legal identity, proof of nationality and access to civil rights is a critical first step towards equal treatment. Ticket to opportunities (Photo: NRC) ACCESS TO LEGAL IDENTITY AND CIVIL DOCUMENTATION AMONG THE MUHAMAHSHEEN IN YEMEN 2