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Bridging Gaps with Legal Identity Access in the SADC Region

Opening of the II Regional Conference on Legal Identity in Maputo, Mozambique, on 11 June 2024. Photo: Gerson Fanequiço/IOM 2024

Maputo, 12 June - The International Organization for Migration (IOM), in collaboration with the Southern African Development Community (SADC), and with the support of the French Ministry of Foreign Affairs and the High Commission of Canada in Mozambique, organized the second Regional Conference on Legal Identity: Promoting Consular Support and Strengthening National Legal Identity Systems in the SADC Region. This significant event aims to foster a regional dialogue on Legal Identity and consular support, addressing both challenges and opportunities within the SADC region. The initiative seeks to find solutions and foster collaboration by promoting constructive discussions and sharing insights. Legal identity includes a range of documents such as birth certificates, national ID cards, passports, driver’s licenses, social security cards, voter registration cards, marriage certificates, death certificates, and immigration documents crucial for establishing an individual's identity and legal status. Without proper identification, people face major obstacles when trying to improve their lives elsewhere. The complex procedure of getting visas and residency permits affects the undocumented people's fundamental rights, such as the ability to work, stay with their families, and integrate into new communities. Yet, beyond the logistical challenges, lies a deeper truth: one's identity is intertwined with their ability to thrive. Official documents are tangible affirmations of one's existence, dignity, and place in the world. Without them, the right to move freely, to belong, and to be protected is jeopardized.

“Legal identity is a problem that affects all countries in the SADC region, so we believe it is important for IOM to create the conditions for the region to engage in in-depth debates, thereby turning a new page in the history of legal identity, facilitating the movement of people free from constraints linked to the legal identity of the communities and countries of origin, transit and destination. The lack of identity, with an impact on migrants and internally displaced people, makes people vulnerable to all kinds of problems, which is why there is an urgent need to humanize our existence,” said the Honorable Mr. Francisco Neto Novela, Permanent Secretary of the Ministry of Foreign Affairs and Cooperation of Mozambique. 

The establishment of a robust legal identity system serves as the cornerstone for providing vital consular assistance to migrants residing abroad. By facilitating timely and effective consular services, this system enables citizens to access necessary documentation while empowering foreign nationals to validate their citizenship and acquire essential travel documents. Moreover, a well-implemented legal identity framework enhances the protection of migrants overseas, mitigating the risk of exploitation and safeguarding their fundamental rights and privileges. 

However, the reality highlighted by the World Bank's estimate of nearly 850 million individuals worldwide lacking legal identity proofs, such as birth certificates or ID cards, underscores the magnitude of the challenge. Particularly affecting low- and lower-middle-income regions of Sub-Saharan Africa and South Asia, this issue disproportionately impacts marginalized groups, including over half of whom are unregistered children. Despite progress, disparities persist, with women in low-income countries facing an 8% lower likelihood of possessing official identification compared to men.

“Having a legal identity is more than just a piece of paper—it's a gateway to dignity, security, and opportunity. This conference is a pivotal step in ensuring that displaced people and affected communities can access their fundamental rights and fully participate in society. By working together, we can build systems that protect and empower people, especially the most vulnerable,” emphasizes Laura Tomm-Bonde, Chief of Mission of IOM Mozambique. 

Enhancing regular migration pathways is an integral part of IOM’s wider efforts to promote safe, orderly and regular migration globally, in line with Objective 3 of IOM’s new Strategic Plan. Advancing regular pathways is embedded in key international frameworks, notably the 2030 Agenda for Sustainable Development, the Global Compact for Safe, Orderly and Regular Migration, and the Global Compact on Refugees Aligned with global initiatives such as Target 16.9 of the 2030 Agenda and Objectives 4, 5, and 14 of the Global Compact for Migration (GCM), the second Regional Conference on Legal Identity underscores the urgent need for every individual to possess a recognized legal identity by 2030, beginning with birth registration. This imperative transcends bureaucratic formalities, serving as a critical enabler of equitable access and secure mobility across borders. 

The conference addressed topics such as civil registration and consular affairs, IOM's forthcoming manual on consular assistance, provision of consular services overseas, harmonization of vital records, and legal identity assistance for cross-border populations in the SADC region. IOM engaged with member states about IOM's strategy and tools for legal identity, discussed challenges and opportunities, showcased good practices, and explored collaboration. Overall, the conference was a unique occasion to address issues like standardization, data sharing, and migrants' challenges, evaluating progress since the First Legal Identity Conference in 2021. 

His Excellency the Ambassador of France to Mozambique and Eswatini, Mr. Yann Pradeau, said: “France has made civil registration one of the priorities of its solidarity and sustainable investment policy, notably through the publication of a roadmap for 2021-2027, based on a human rights approach. Our partnership with IOM, illustrated by the project to support the issuance of civil documentation for displaced populations in northern Mozambique, demonstrates our shared commitment to ensuring universal access to legal identity." 

Participants included government officials from Mozambique, representatives from international organizations such as the World Bank, United Nations, African Union, and Interpol, as well as consular delegates from SADC countries including Angola, Botswana, Comoros, Democratic Republic of the Congo, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Tanzania, Zambia, and Zimbabwe. 

The conference took place on June 11th and 12th, 2024, in Maputo, Mozambique. 

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For more information please contact:       

Maputo: Herve Karege, hkarege@iom.int  / Amanda Nero, anero@iom.int

Pretoria:  Abibo Ngandu, angandu@iom.int

SDG 10 - Reduced Inequalities
SDG 16 - Peace Justice and Strong Institutions
SDG 17 - Partnerships for the Goals