ISSUE 8 ORIGINALLY PUBLISHED MARCH 2015 94704 MAKING IDENTIFICATION KEY POINTS SYSTEMS WORK FOR THE BOTTOM 40% We need to disentangle the terms ‘iden- tity’, ‘registration’ and ‘documentation’ By Megan Brewer, Nicholas Menzies and Jared Schott1 to properly understand the development problems we are seeking to address – and the pathways to achieve them. INTRODUCTION Over 150 countries maintain mandatory civil registration systems. The number, variety and We need to invest in more rigorous evi- functionality of these systems has expanded with dence establishing the link between reg- the rise of the Internet, with delivery mechanisms for istration/ documentation and develop- services and benefits increasingly tied to registration ment outcomes. (World Bank 2015). Attracted by the promise of new technology, countries and development partners alike have invested heavily in identification, registration and documentation (“IRD”) systems, Where basic services (e.g. health and in terms of both development dollars2and strategy. education) are made conditional on reg- Regarding strategy, IRD systems have found their istration and/or documentation, diligence way onto no less preeminent a platform than the and impact mitigation strategies are Post-2015 Sustainable Development Goals, which needed to address the risk of increased exclusion. include the proposed target, “[b]y 2030, provide legal identity for all, including birth registration,” under the broader goal of peaceful and inclusive societies. entitlements. They can generate demographic data IRD systems can assist governments to more to inform policy, planning and delivery processes. effectively and efficiently deliver public services and They can provide tangible means through which citizens can assert their legal identity. And, they 1 Megan Brewer is Senior Policy Officer, Governance can open up new opportunities, such as access to Branch, Australian Department of Foreign Affairs and finance, which otherwise would be inaccessible. Trade. Nicholas Menzies is Senior Counsel and Jared Functional applications of such systems have Schott is a Governance and Justice Specialist in the catalyzed flood relief for 1.5 million families in Governance Global Practice of the World Bank. The Pakistan, generated millions in payroll savings findings, interpretations, and conclusions expressed through the identification of “ghost” public sector herein are those of the authors alone and do not employees in Nigeria, and underpinned social necessarily reflect the views of the World Bank, its Executive Directors, or the governments they represent. protection programs ranging from old age pension 2 Along with other development partners, the World cash transfer in South Africa to food program Bank is providing technical and financial support across beneficiaries in Kenya. the globe to the development and sectoral application of registry systems. The World Bank has financed more For all of their important development benefits, than 142 “Identification For Development” (“ID4D”) though, IRD systems may also pose risks, related investment projects (63 active, 23 pipeline, 56 especially with regard to vulnerable populations. closed) in 70 countries worldwide (World Bank 2015, 1). This article will explore the prospects, challenges worldbank.org/j4p ISSUE 8 MARCH 2015 and risks of pinning inclusive development outcomes on IRD systems. Much of the current discourse on IRD- related issues3 is framed from a state- centered perspective; that is, improving the functioning of government agencies and enhancing the collection of data for planning and policy. We suggest complementing this with a stronger focus on the impacts of IRD systems on the poorest and most marginalized. In some circumstances, IRD systems risk not serving the development needs of such people. In response, there is a need to more clearly and critically articulate in IRD strategies the implied benefits, costs and risks of alternative approaches. Simone D. McCourtie / World Bank And, at the country-specific (and sub- national) level, strategy and implementation need organizations (e.g. corporations, NGOs, etc.)5 have to incorporate due diligence assessing a broader, based on their characteristics. Legal identity emerges non-technical spectrum of governance4, social and from different legal sources including international implementation risks. Toward this end, dialogue and national law.6 Often overlooked in identification7 and practice around identification and registration discussions (but critical from a rights perspective) can be enhanced by: is that legal identity exists whether or not it is registered (or whether documentation exists for i. Being clearer about the difference between such registration). A legal identity, when recognized the terms ‘identity’, ‘registration’ and by the state, can enhance a person’s ability to enjoy ‘documentation’; the state’s protection, to enforce his or her rights and to demand redress within the state by accessing ii. Expanding the focus of dialogue from courts and other law enforcement organizations technical solutions to the development (Vandenabeele as cited in Bhabha 2011).8 But, problems that IRD systems seek to address many aspects of one’s legal identity don’t require – and investing in better understanding their registration. For example, in many jurisdictions a link to development impacts; and person who is arrested on suspicion of committing a crime has rights that attach to their identity as a iii. Understanding that identification, registration criminal suspect (for example, the right to remain and/or documentation systems may result in silent). These rights are inherent to them being a increased exclusion for the poor and margin- person (and a suspect) and are not contingent upon alized, if the underlying legal, social and po- any formal registration (or documentation). litical contexts aren’t properly analyzed. People also have multiple legal identities. 1. DISENTANGLING ‘IDENTITY’, ‘REGIS- Depending on the factual circumstances, an TRATION’ AND ‘DOCUMENTATION’ individual person can have the identity of ‘citizen’; The policy and operational dialogue around ‘resident’; ‘spouse’; ‘voter’; ‘driver’; ‘eligible claimant identification systems sometimes conflates ‘identity’, ‘registration’ and ‘documentation’/‘certification’. A shared and clear definition of what is meant is 5 The focus of this note is on personal identity. important. 6 Notably, the Universal Declaration of Human Rights recognizes that all people are born with rights (Article 1) Legal Identity is generally defined as a status, and goes on to catalogue many aspects that comprise a ascribing rights and duties, that people and person’s legal identity. 7 When used herein, the term “identification,” in contrast to the term “identity,” will typically refer to the state process 3 And practice, including support to civil registration of discerning and officially recognizing legal identity – and vital statistics systems, digital IDs and authentication often, but not necessarily, by way of registration. to support improved financial access. 8 It is, in this sense, very different than system- 4 Including legal, institutional and political economy and function-oriented uses of the term identity (e.g., analyses. “biometric identity”). 2 ISSUE 8 MARCH 2015 for services/benefits’, amongst many others. The differences between identity (as a rights-based Each of these identities can be used to further concept), registration (an instrumental system for different development outcomes. In supporting the recognizing such rights), and documentation (proof development of legal identity systems the Bank and as a system instrument) become more pronounced other development partners will likely be choosing to when considering how identity and registration further some identities and not others and the trade- serve cross-cutting development objectives. Legal offs involved in these choices need to be carefully identity is the source of an individual’s standing, and weighed. An understanding that legal identity exists their claim for inclusion and access. Registration, in many forms encourages us to first ask which on the other hand, can improve a system’s ability legal identity/ies we are seeking to further and for to deliver services to identified claimants, but is not what developmental ends. If the most pressing always premised on inclusion. Understanding these development problem is lack of access to education, conceptual distinctions is an essential first step in then one should first ask, what contributes to this? understanding how to tackle the distinct development If the identification of proper students is part of the problems they seek to address. This conceptual problem of education access (which may not be clarity has important programmatic and welfare the case in all circumstances) then what type of consequences, but is sometimes overlooked.9 identification would best serve the students’ needs? 2. RISK ANALYSIS AND MITIGATION Registration (including “civil registration”) refers to MEASURESS the systems and processes by which a state (or other authority) recognizes and records certain aspects of In China, migrant workers, registered in their place an individual or organization’s identity. Registration of birth, are not allowed to register in their place systems may be broad-based (“foundational”), such of employment and therefore are unable to access as national ID cards in some countries, or deployed health care and other rights.10 Nubian children for particular purposes (“functional”), for instance born in Kenya are less likely to have their births taxpaying or social security. registered (and enjoy associated educational rights) owing to stringent requirements and As there are multiple legal identities, one register discretionary implementation.11 (and associated document) will likely not cover all dimensions, and indeed, in most countries multiple Strengthening IRD systems without critically registration systems exist. This is even the case in assessing and responding to the broader countries that have a ‘primary’ legal identity (such governance context can lead to a number of as a national ID card). It follows that a single consequences that undermine development gains. registry system is not necessarily a prerequisite Registry systems may result in exclusion when to development, and some developed countries underlying systems refuse, or pose inequitable (such as the United States, United Kingdom and burdens on, the recognition of certain identities. Australia) have made conscious choices not to Exclusion can also come from refusing rights to have a national ID system. 9 In this regard, contemporary institutional definitions Documentation (or certification) refers to the fall short. The formulation of proposed SDG target mobile proof of registration which traditionally 16.9, as previously noted, suggests that legal identity has taken a physical form (a card, paper or “include[s]” birth registration. The Inter-American certificate) but in some circumstances may now Development Bank’s Civil Registration and Identification be electronic. This proof of registration facilitates Glossary (2010) defines legal identity as “legal civil status the holder in asserting their legal identity/ies in obtained through birth registration and civil identification different locations. The documentation may also that recognizes the individual as a subject of law and be a requirement for a person to access essential protection of the state.” In fact, the rights and status services, gain employment, vote, transfer property, bound up in legal identity are not inherently conditioned drive a car or open a bank account (World Bank on registration (and not birth registration in particular). 10 In Shenzhen and other large Chinese cities at the 2014). It is important to keep conceptually distinct height of the AIDS pandemic, rural to urban migrants documentation and registration. The two may unable to secure urban hukous were treated as “biological be processed differently, or be utilized differently non-citizens” (Mason 2011) and ineligible for health care, legally or programmatically. The distinction and its contributing to the transmission and spread of the virus implications are highlighted in global birth data: as both within and outside of migrant communities (Todrys recently as 2012, the births of 230 million children and Amon 2009). under five went unregistered. In that same cohort, 11 See,e.g., NAMATI, Implementation of Nubian Minors 70 million registered births went undocumented v. Kenya, http://www.namati.org/tools/briefing-paper- (Dunning, Gelb and Raghavan 2014). implementation-of-nubian-minors-v-kenya/ (2014). 3 ISSUE 8 MARCH 2015 those who legally might be entitled but haven’t One of the most basic rights is citizenship, which is surmounted the bureaucratic steps to get registered. determined by law. In some countries, as a matter Lastly, it may arise from information disclosure of law, a child can only be registered by their father. in documents and systems. In order to ensure In these countries, a woman who is not married or that IRD systems serve, rather than frustrate, all is married to a non-national (or if the father refuses groups’ development interests, the design and to acknowledge paternity) may be unable to implementation of systems needs to incorporate register her child as a citizen. Identification systems can concretize the underlying legal (and social) mitigation strategies, ranging from legal-regulatory frameworks. Development partners supporting reform to grievance redress systems, informed by the strengthening of identification systems need multi-dimensional risk analysis. to rigorously assess these underlying frameworks, or risk inadvertently undermining the development 2.1 EXCLUSION FROM REGISTRATION prospects of certain populations. SYSTEMS AND DISCRIMINATION ON THE BASIS OF LAW 2.2 EXCLUSION FROM SERVICES AND Rights and statuses comprising legal identity are DISCRIMINATION IN THE ABSENCE to a large degree determined by underlying law, OF REGISTRATION AND/OR which may be exclusionary or discriminatory prima DOCUMENTATION facie, or may translate into registry systems that The push for enhanced IRD systems is often produce such a result. Minimizing the risks posed accompanied by new rules mandating registration by registration and documentation requires going and/or documentation to access basic entitlements beyond the immediate systems to understand the (including health and education). One motivation broader legal framework and how it operates in the for tying services to registration is to make large- existing social and political context. The promotion scale service delivery more manageable, and of IRD systems cannot be discussed without also less subject to abuse; another is to incentivize people to get registered. But if entitlements are interrogating the laws that convey or deny rights, as inflexibly tied to untested IRD systems there is such systems will likely concretize underlying legal a real risk of excluding vulnerable populations (and social) frameworks. from essential services. For example, in Kenya, a policy was introduced requiring students to provide birth certificates in order to sit exams, as In Myanmar, authorities view Islamic Ro- a means of increasing the number of children with hingya as illegal immigrants despite many documentation. The result was reports of children families having lived in the Buddhist-major- being prevented from accessing education.12 ity country for generations. Around 800,000 Furthermore, particularly troubling is that those stateless Rohingya living in Myanmar are that can’t register or obtain documents are likely denied citizenship rights and face severe re- to be the same people who currently have trouble strictions on marriage, employment, health accessing basic rights and essential services: the care and education. impoverished and marginalized populations that are a central focus of the World Bank’s mission. In China, Heihaizi (“black” children) born in violation of the one child policy are not al- There are any number of reasons why citizens lowed a legal identity and are denied access to education, health and even legal standing to be heard in court. 12 Plan International (2014). By contrast, in Indonesia, despite policies mandating presentation of a birth In the Dominican Republic, Dominicans of certificate for school enrolment, most schools will Haitian descent may face deportation if not accept students who can submit an alternative form able to provide proof of birth registration in of identification. Research found that 74% of children support of an application for normalized sta- who have never attended school do not have a birth certificate, but very few respondents reported the lack of tus, newly required under a 2014 law. Out a birth certificate as the reason for the child not attending of an estimated 110,000 such people who school (0.8%), or having been enrolled previously but would qualify for citizenship under the law’s not currently (2%) (AIPJ 2014). In Bangladesh, although terms, just one month prior to the applica- birth certificates are required for access to health and tion deadline, only 5,345 people had applied education, health workers are trained not to deny services (Amnesty International 2015). to unregistered children, but instead to link them to the local registrar (UNICEF 2010). 4 ISSUE 8 MARCH 2015 may not possess documentation. Citizen distrust exclusion from basic rights and essential services. is one. Exclusion from registry systems – whether Governments and donor partners confronting due to discrimination or otherwise – is another. this possibility need to consider flexible protocols Administration and informal fees can pose a (alternative identification, etc.) and other strategies prohibitive financial barrier to participation. through which to mitigate exclusionary impacts. Residents of remote rural areas may have difficulty physically accessing or contacting intake centers. Complex procedures, or inconsistent In Vietnam, access to social services is close- information, may also preclude participation. ly linked to civil registration. This has exposed Mundane reasons, such as an inability to replace non-registered individuals, particularly from lost, stolen or damaged documents, contribute as migrant families, to “multiple institutionalised well. There is also the practical question of supply: vulnerabilities and risks” (CSP 2011). 70% in some instances where governments and/or of spontaneous migrants who approached NGOs have advocated to increase the number of employers in the formal sector were rejected people with identity documents, under-resourced because they did not have hokhau (house- government departments have been unable to hold registration) in the city, leaving the vast sufficiently respond to increased demand, resulting majority of migrant workers in precarious and in significant backlogs (UNCIEF 2010; EU/Miller temporary jobs (CSP 2011). 2007). Elsewhere, poorly kept and/or inaccessible records can preclude registration, and in particular In the United States, courts up to and in- frustrate digitizing a system. cluding the Supreme Court have found that a number of state laws requiring individuals to show voter identification documents be- In Indonesia, possession of birth certificates fore voting had the effect of disenfranchising varies considerably with household income: low-income and ethnic minority voters and 46% of children in the poorest quintile of fam- contravened both the 1965 Voting Rights Act ilies do not have a birth certificate, compared and Constitution. to 10.6% in the richest quintile (AIPJ 2014). There is no significant difference between girls and boys, but the percentage of children 2.3 DOCUMENTATION ITSELF AS without certificates in rural areas is double that in urban areas, and children are less GROUNDS FOR EXCLUSION likely to have a certificate if they are disabled Even once registered and in possession of or if their parents and grandparents did not documentation, individuals face the risk that have a birth certificate. information contained in documents (or underlying registries) may be used for discriminatory In Vietnam, parents who have children in vi- ends (WHO 2014). This is especially the case olation of the two-child policy often will not when technical criteria (such as accuracy and register those children with authorities be- efficiency) are not adequately balanced against cause they fear being questioned or discrim- rights principles (such as privacy and necessity). inated against. Registers and accompanying documentation may designate nationality, ethnicity, race, religion, place of birth and other special statuses (Fussell 2001). Whatever the reason, for the foreseeable future, Going back in time, ethnic classification on identity registration and documentation systems are unlikely cards in Rwanda (first instituted by the Belgian to achieve universal population coverage. A push Colonial Government) and the introduction of the for universalization focusing on registering new “J stamp” on identity cards of Jewish Germans births alone will exclude children and adults who are some of the most notorious reminders of have not already had their births registered – there how documentation may expose individuals to are currently 750 million people under sixteen years discrimination – and worse. of age without birth registration (Dunning, Gelb and Raghavan 2014). Under these conditions, a Today, identity documents continue (however less push for universal birth registration for those under insidiously) to contain information that may be five years of age, when coupled with conditioning used for discriminatory purposes. Identification access to services on documentation, may intensify cards highlighting non-indigenous origin may 5 ISSUE 8 MARCH 2015 facilitate employment discrimination, such as in the constitutionality of facial recognition programs, the case of Ethiopian identity cards highlighting relying on passport and driver’s license photos, the Eritrean “previous nationality” of Ethiopian used in non-consensual public video surveillance. citizens (Refugees International 2008). Even more innocuous cases in which a person must Particularly where trust between citizens and the provide documentation revealing his or her age state is weak, this may seriously curtail the ability of to a potential employer, or service provider, can the government to promote the use of IRD systems. affect the person’s treatment. Owing to such risks, Citizens “opting out” – withholding information or there is a need to consider whether the collection intentionally misrepresenting information – may and disclosure of personal information inherent further undermine the ability of the IRD systems in registration and documentation systems such to deliver on their development promise. More as these is narrowly tailored to a clearly defined broadly, citizen fears and suspicions when development end. confronted with the unchecked expansion of such systems may undermine a country’s social and 3. SECURING DATA AND PRIVACY governance compacts. RIGHTS In designing and supporting the strengthening of Another risk of expanding registration systems such systems, steps must be taken to mitigate is that governments, authorized third parties these risks and to safeguard personal information. or unauthorized individuals may use them for Beyond committing to privacy and data security surveillance, private data harvesting or other standards, due diligence is an essential process functions (illicit and licit alike) violating individual for understanding and addressing the interaction rights. Increased collection of personal data also of an IRD scheme with a country’s broader risks implicit or explicit “function creep,” where legal-regulatory framework. Can police resort data collected for one purpose is gradually used to biometric registry data in lieu of observing for others to which the individual has not consented due process in criminal investigations? Might (World Bank 2014).13 Whereas the U.S. once registration unintentionally entrench and/or amplify assured citizens in the 1930s that social security discriminatory effects of previously-unconsidered numbers would only be used to track eligibility and statutes, regulation or jurisprudence? While contributions, these numbers are now used for a basic principles such as those contained in the wide range of purposes by both public and private U.S. Department of Homeland Security’s Fair entities. Just as concerning are security breaches Information Practice Principles and UNOHCHR’s and unauthorized intrusions on private data. position paper on the Right to Privacy in the These concerns, and the potential for harm, are Digital Age15 are an important starting point, their heightened by the so-called “aggregation effect.” effective interpretation and application rests on In combination, otherwise innocuous information understanding of a country’s underlying laws, may paint a portrait of personalities, activities institutions, politics and socio-economic dynamics. and individual attributes, greatly increasing an individual’s vulnerability to dangers such as 4. DEEPENING THE IRD EVIDENCE targeted discrimination (both public and private), BASE FOR BETTER DEVELOPMENT intrusive surveillance, identity fraud, stalking or RESULTS harassment.14 The private aggregation of a range IRD systems can be costly in the financial sense of public and private data has been used to deny (with some budgets in the hundreds of millions of or limit the provision of health services to the dollars), but also in terms of foregone investments most needy in private insurance-based systems. and, as discussed above, can pose many risks. Elsewhere, police and civil liberties groups debate These opportunity costs stress the importance of understanding, for balancing purposes, the nature 13 During interviews, respondents from government and likelihood of realizing IRD’s benefits. In order to and the broader population spoke of how civil registration balance these competing considerations and fortify is used by the government to manage and control the case for investing in high-cost systems, donors the population, sometimes in restrictive ways (Plan and stakeholders should work together to develop International 2014). a more robust evidence base for IRD systems. 14 To the extent that online digital data may be easier to manipulate, or is stored in cloud platform data centers outside of the reach of legal enforcement, digitization 15 At http://www.ohchr.org/EN/Issues/DigitalAge/Pages/ may create additional vulnerabilities. DigitalAgeIndex.aspx 6 ISSUE 8 MARCH 2015 Proponents of IRD systems often ascribe two main people’s) legal identity, yet only 54% of countries instrumental benefits: report complete coverage for births and 52% for deaths for the period 1995-2004 (Wallman Registration as a means of targeting public and and Evinger 2006). Current data highlights the private sector benefits. This is a core argument coverage gap further. The total population of underpinning many IRD activities: that registration the 152 countries using mandatory birth and civil enhances access by (i) allowing governments to registration systems is 5.9 billion people, yet almost expand the reach and efficiency of their programs 1.5 billion people (about 25% of the population) are and (ii) providing documentary proof of the validity of unregistered (World Bank, forthcoming).16 It is fair to a claimant for an entitlement or service. Registration, say that in most developing countries, registration for example, enables the Pakistani Government has not yet reached a level of universality, accuracy to institute a cash-for-recovery transfer system in and reliability to be used for planning purposes response to flooding and provides eligible citizens (Plan International 2014).17 As registration among with proof of right to their payment, overcoming the certain populations such as minority ethnic groups, myriad factors that would otherwise hinder their the rural poor and the LGBT community can be ability to collect. significantly lower than national averages (Ladner et al 2014), using registration data for development The benefits of identification systems are perhaps planning may lead to incorrect information that does most clearly established in the realm of anti- not reflect the needs of already vulnerable groups. poverty cash-transfers. For instance, a large-scale randomized control trial on the use of “smartcards” Proponents also raise non-instrumental arguments in the Indian state of Andhra Pradesh found that related to empowerment, which warrant mention, smartcards delivered faster, more predictable and but also raise their own evidentiary challenges. less corrupt payment processes for beneficiaries Perception surveys highlight the intrinsic value without adversely affecting program access of having one’s legal identity recognized and (Muralidharan et al 2014). Outside of social protection affirmed by tangible documentation, especially in programming, the evidence is more limited and even those populations historically marginalized by the proponents of identification systems acknowledge state (Commission on Legal Empowerment 2008). the need for more rigorous empirical evaluation (e.g. This is complemented by the value of empowering Gelb and Clark 2013). Several pieces of research individuals to assert and protect their rights. present a more mixed perspective about registration Measuring these impacts, though, is challenging: it is and documentation’s overall effect. Research difficult, for example, to untangle the countervailing undertaken in Bangladesh, Cambodia, and Nepal effects of presenting documentation to protect rights (Asian Development Bank 2007) examined the versus effective implementation and enforcement of impact of documentation programs by comparing the applicable law versus the risks of individual rights quality of life of people with formal identity documents being deprived on the basis of one’s failure to present to others in similar circumstances without them. documentation (Plan International 2014). The research found that the impact of increasing the number of people with legal identity documents was often speculative and remote. Further research 16 The data is particularly striking in low income in India, Kenya, Sierra Leone and Vietnam (Plan countries: in Ethiopia and Somalia, birth registration International, 2014) also found that the relationship systems capture only 6.6% and 3% of births, respectively. between birth registration and access to services 17 The World Bank and WHO have developed a was complex and context specific. Global Civil Registration and Vital Statistics Scaling Up Investment Plan with the goal of universal civil Augmenting and enhancing statistical data for registration of births, deaths, marriages, and other vital policy and planning purposes. Civil registration events, including reporting cause of death, and access to can generate valuable demographic statistics to legal proof of registration for all individuals by 2030. The cost of bridging the gap in the 73 low and middle income inform policy, planning and delivery processes countries plan countries is estimated at US$2.3bn (Asian Development Bank 2007). These systems (2014). This is an important initiative, but until it is can provide information on anything from where more fully realized, pragmatism is in order in tempering people live to important health and vital statistics, expectations as to the value of registry-generated data. but the benefit of such data is linked to the In the absence of reliable registry data, alternative data completeness and functionality of the underlying sources including household/population surveys have registration system. proven effective tools for monitoring certain demographic indicators and trends (including birth registration, UNICEF Birth registration is the most common process 2005), without the additional costs attendant to instituting through which states record (key aspects of comprehensive civil registries. 7 ISSUE 8 MARCH 2015 In sum, the existing evidence interrogating the documentation is used egregiously to deny or link between registration, documentation and limit basic services, or registration data is used inclusive development reveals both complexity and inappropriately. uncertainty. While new evidence is emerging, there is an overarching need to invest in filling continuing • Supplement registration data with population/ evidentiary gaps. household data to ensure that planning and policy doesn’t “doubly exclude” by overlooking CONCLUSION: MAXIMIZING the needs of those who haven’t been able to DEVELOPMENT BENEFITS FROM get registered. IDENTIFICATION • Invest in communication strategies to explain Whilst IRD systems can be an important contributor intake and lifecycle management processes to development, they can also risk increasing or and feedback loops for dynamic program entrenching exclusion for certain populations, adaptation. especially those already most vulnerable and marginalized. These concerns highlight the need for greater diligence in assessing the benefits and costs of IRD alternatives in a given context, and mitigating design and implementation risks. The functionality and impact of IRD systems rest on the functioning of a series of other institutions – law, implementing and oversight agencies, and grievance redress channels, just to name a few. Investing in a more thorough understanding of the interplay between these institutions can yield as much if not more than spending on cutting-edge technology. This is especially true in fragile and low- income states where tech literacy is low and access to power and internet connectivity are unreliable. Beyond this need for initial diligence, the analysis suggests several other principles to enhance the development impacts of IRD programs: • Be clear about the particular development outcomes that an enhanced IRD system seeks to address – and ensure that impact evaluations are undertaken to understand whether such benefits accrue (as well as any perverse outcomes). • Beginning with a political analysis of the legal framework and its application, forecast the likely impacts of enhanced IRD systems on the poorest and most marginalized – and establish measures to include those most likely to be left out, as well as left worse off. • Seriously weigh the risks of exclusion if considering mandatory requirements for registration and documentation to access essential services (such as health and education). • Ensure that grievance redress systems (and legal advice for using such systems) are in place to challenge cases when registration is improperly denied, lack of registration/ 8 ISSUE 8 MARCH 2015 BIBLIOGRAPHY Amnesty International. 2015. “Urgent Action: Mass Statelessness Crisis Continues.” http://www.amnesty.org/en/ library/asset/AMR27/003/2015/en/84009b16-1ea3-4d6b-96f1-4444a4de647d/amr270032015en.pdf Asian Development Bank. 2007. “Legal Identity for Inclusive Development.” Law and Policy Reform at the Asian Development Bank, Asian Development Bank. 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Just Development provides a curated series of brief, yet informative and thought provoking, case studies, lessons and essays to share knowledge and stimulate debate on how development practitioners can promote effective justice institutions to achieve the World Bank’s core goals of eliminating extreme poverty and boosting shared prosperity. Just Development is an initiative of the Justice for the Poor (J4P) program in the World Bank’s Governance Global Practice. 11 to access past issues http://go.worldbank.org/29US608RY0. Contact us at justdevelopment@worldbank.org and visit our website