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Download the file - United Nations Rule of Law

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or social services fraud. Thus, although greaterinternational attention and <strong>the</strong> use <strong>of</strong> ‘namingand shaming’ approaches may be useful, <strong>the</strong> internationalcommunity must take care to developits evaluations and prescriptions through a dialoguewith relevant stakeholders.Ano<strong>the</strong>r possible approach to combating politicallymotivated legal exclusions is to bring legalclaims before international human rights tribunals.The track record <strong>of</strong> this strategy is mixed,however: while international human rightslitigation has sometimes succeeded in raisingawareness, <strong>the</strong> tribunal decisions <strong>the</strong>mselveshave typically not been enforced effectively.While international human rights litigation mayhave a place in <strong>the</strong> broader campaign to address<strong>the</strong> legal identity crisis, it would be a mistaketo presume that politically-motivated exclusioncan be cured by litigation. Political problemsdemand a political solution, and human rightslitigation is useful only if it is part <strong>of</strong> a broaderpolitical strategy.More generally, <strong>the</strong> crisis <strong>of</strong> politically-motivatedlegal exclusion highlights <strong>the</strong> need to increase<strong>the</strong> relevance and effectiveness <strong>of</strong> <strong>the</strong> variousinternational covenants and declarations thatestablish <strong>the</strong> basic human rights to legal identityand nationality. Part <strong>of</strong> <strong>the</strong> problem mightbe attributable to a failure <strong>of</strong> national and internationalpolitical will to make <strong>the</strong> enforcement<strong>of</strong> <strong>the</strong>se fundamental rights a priority. Ano<strong>the</strong>rproblem might be that most <strong>of</strong> <strong>the</strong> existing humanrights conventions and protocols discussgeneral goals or end-states, but do not establishconcrete benchmarks or standards by which tojudge compliance efforts. It may <strong>the</strong>refore beworth considering if existing international humanrights instruments relating to legal identityshould be supplemented with clear internationalstandards establishing markers by which nationalactions on legal identity can be evaluated.An alternative or complement to publicinternational action might be greater efforts by<strong>the</strong> donor, academic, and NGO communities toestablish institutes and foundations dedicated toraising <strong>the</strong> pro<strong>file</strong> <strong>of</strong> <strong>the</strong> legal identity issue andmonitoring state compliance with <strong>the</strong> obligationto ensure that all people have pro<strong>of</strong> <strong>of</strong> nationalityand are recognised as people in <strong>the</strong> eyes <strong>of</strong><strong>the</strong> law.Providing Information and Creating Incentives toRegisterEven when opportunities to register one’s legalidentity are available, many <strong>of</strong> <strong>the</strong> poor may stillfail to take advantage <strong>of</strong> <strong>the</strong>se opportunities. Onereason may be because poor people do not knowabout formal registration, or <strong>the</strong>y do not understand<strong>the</strong> benefits <strong>of</strong> a formal legal identity. Ano<strong>the</strong>rreason may be that <strong>the</strong> poor are suspicious<strong>of</strong> <strong>the</strong> state and its agents, and this warinessleads <strong>the</strong>m to avoid formal registration even whenit would be in <strong>the</strong>ir interests. Yet a third possibilityis <strong>the</strong>ir rational calculation that <strong>the</strong> expectedcosts <strong>of</strong> formal registration outweigh <strong>the</strong> benefits.When ignorance or wariness <strong>of</strong> <strong>the</strong> state are <strong>the</strong>major obstacles, one method <strong>of</strong> redress may be torely on culturally familiar and reliable intermediariesto convey information about registration andto assist with <strong>the</strong> registration process. Bundling<strong>of</strong> registration services toge<strong>the</strong>r with o<strong>the</strong>r governmentor NGO services or with traditional ritualsand practices would be consistent with this approach.More generally, many successful registrationefforts have relied on paralegals, NGOs andlaypeople to assist poor individuals and communitiesin completing <strong>the</strong> formal registrationprocedure.For example, <strong>the</strong> Egyptian Centre for Women’sRights and o<strong>the</strong>r Egyptian civil society organi-10

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