Less than a month after the adoption of the new global development agenda – Agenda 2030 – the question “A Legal Identity for All by 2030: What Will It Take?” brought together 32 development practitioners and scholars for a three-day workshop to discuss an answer to this question, and how progress towards a legal identity for all could be measured. The workshop was co-hosted by the Open Society Justice Initiative (OSJI) based in New York and the Civil Registration Centre for Development (CRC4D) of The Hague, The Netherlands.
At this workshop, a variety of social scientists, historians, policy researchers and development practitioners examined the various forms of civil registration and identification currently used and introduced around the world. Participants considered the opportunities and implications of the choices that poor states, in particular, currently face.
An interesting outcome of these eclectic discussions was the need to disentangle the terms “legal identity,” “citizenship,” “identification,” “registration” and “ID documentation.” This will not only allow the international community to properly understand the development problems we are seeking to address, but also help to better identify the ways to achieve them.
Indeed, in some limited respects, people possess a legal identity whether or not they are registered — for example, a criminal suspect’s right to get a lawyer or to remain silent. Registration, in turn, may not be an entitlement to citizenship. Many countries still see citizenship as based on local or clan-based knowledge and personal attestation.
The number of people with indeterminate citizenship in Africa is probably far larger than the number of stateless people now identified. Sophisticated ID programs cannot resolve such questions and may exacerbate the difficulties of those excluded. They need to be preceded by political dialogue and, where necessary, legal reforms to reduce the risk of exclusion. An understanding that legal identity exists in many forms encourages us to first ask which legal identity/identities we are seeking to advance and for what developmental ends .
A mother holding her baby. Nigeria. Photo: Arne Hoel / World Bank.
Have you ever met an invisible child? No? Are you sure…?
When a child’s birth is not recorded in the official local or national registry, it means that he officially does not exist. Millions of children throughout the world are victims of this situation and grow up without an identity.