Saturday, August 22, 2009

ADB and Asia Foundation Publication on Legal Identify and Poverty

The Asian Development Bank (through the research of The Asia Foundation) has published a study on legal identity and poverty, Legal Identity for Inclusive Development, accessible on ABD's and TAF's respective websites.  This publication presents the findings of a three-country study on legal identity, based on extensive field research conducted on ADB's projects in Bangladesh, Indonesia, and Pakistan. This study assesses the potential and actual value of legal identity, given the realities of the developing country context.

What I appreciate about the ADB/TAF approach is the emphasis on local realities that results in lessons learned after many years of on-the-ground programming. The general available literature on legal identity is usually either focused on the technicalities of civil registration, or advocated for universal birth registration. While there was some information on the correlation between legal identity and poverty, there was very little research in the field on the causal link between the absence of legal identity and exclusion. This research aims to contribute to the debate on legal identity and access to goods, services and opportunities, from a practical and empirical  perspective. It attempts to answer questions on what legal identity can realistically deliver in terms of promoting inclusion, and on how, when and under what circumstances legal identity actually improves lives in concrete and meaningful ways. 

The publication proposes that legal identity is an important element of inclusive development, provided that its promotion is part of a larger reform agenda. As the research demonstrates, legal identity touches upon many aspects of life, ranging from access to education, land and business registration, obtaining utility connections, and obtaining travel documents such as passports. Possessing some form of legal identity will become increasingly relevant to people’s day-to-day lives as countries develop their capacity to provide goods and services, economies grow, and regional integration deepens.



Conclusion and Recommendations:

However, the publication concludes with caveats against isolating registration as an ends :

1. BIRTH CERTIFICATES ARE AN INTERMEDIATE, NOT AN ULTIMATE, GOAL.
Too often programs aimed at increasing civil registrations are based on an inadequate problem analysis that fails to differentiate between intermediate and ultimate outcomes.

2. DEVELOPMENT PARTNERS SHOULD BE AWARE OF REGISTRATION REQUIREMENTS WHEN DESIGNING DEVELOPMENT INTERVENTIONS BUT AT THE SAME TIME ENSURE THAT SUCH REQUIREMENTS DO NOT LEAD TO UNINTENDED CONSEQUENCES.
When designing mainstream development projects in areas such as education, health, land rights, small and medium enterprise development services, and delivery of utility services, development partners need to critically analyze the potentially negative impact of the existing identity regime. Key questions to ask in the project design phase are: Could the domestic legal identity regime limit the range of project beneficiaries? If so, what can be done to mitigate this undesirable result?

3. COMPLEMENTARY REFORMS ARE NEEDED TO MAKE LEGAL IDENTITY MEANINGFUL.
The value of a civil registration document is only as far reaching as the state’s capacity to provide services and enforce laws intended to protect citizens’ rights. In countries characterized by poor governance, weak institutions, and resource constraints, legal identity may make little practical difference without complementary reforms.

4. DONOR-DRIVEN PROGRAMS MAY NOT BE SUSTAINABLE.
International pressure and donor support have engendered an increased level of political priority, domestic attention, and government engagement on the issue of legal identity in the three countries studied.



Two innovative approaches that hold some promise for addressing the central sequencing dilemma are highlighted here. These approaches are recommended because they use existing resources, and demonstrate an appreciation for citizens’ priorities and needs.


1. LINKING REGISTRATIONS TO SERVICE DELIVERY
One of the most promising strategies, particularly for addressing the sequencing challenges, involves piggybacking registrations onto other service delivery programs. Rather than making benefits contingent on proof of identity, this reverse approach provides birth registrations through avenues where other benefits and services are already offered.

2. BRINGING REGISTRATION TO PEOPLE’S DOORSTEPS
Another strategy that has proven effective involves bringing registration to the people’s doorsteps. such as a massive, nationwide mobile registration.

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