TRUSTECH 2019 conference: Training Capacity Building in Civil Registration – A Precondition for a Successful Digitalization

ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A
PRECONDITION FOR A SUCCESSFUL DIGITALIZATION
Alenka Prvinsek Persoglio,Vice President, Interact4c,
AlenkaPrvinsek
Persoglio,Vice
President,Interact4c,
TRUSTECH;Cannes
,27th112019

ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A PRECONDITION FORA
SUCCESSFUL DIGITALIZATION
 The overall objective of the presentation is :
 To highlight the relevance of professional knowledge of Civil
RegistrationAuthority for the quality of its services
 To underline the importance of professional knowledge and its impact
on analytical capacities for the States that strive to become
selfsuficient in domain of Civil Registration mangement
Alenka Prvinsek Persoglio, Vice President,
Interact4c, TRUSTECH; Cannes ,27th 11 2019
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 Civil Registration (CR)
 Handbook on CR andVital Statistics Systems/
Comupterization refers to the UN Department of Economic
and SocialAffairs and its Statistical Department (1998)
definition of CR: “ ..as continuous, permanent, compulsory,
recording of the occurance and characteristics of vital
events”, therefore births, deaths, marriages- furthermore
divorces, nullities, adoptions.
 Definition of CR as legally binding category laid down in an
instrument of international law, does not exist.
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 Civil status (CS)
 Like in case of CR, also in case of CS binding definition captured by the
instrument of international law, does not exist.
 According to the practice, developed by internal legal order of the States,
CS is a sum of legally relevant characteristics , from which rights and duties
might be deducted ; it covers the parentage of a child and child’s affiliation,
in certain legal system still status at birth, custody of the child, citizenship,
name and changes of name and name of parents, adoption, marriage,
divorce nullity and other important legal features.
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 Legal Identity
 The SDG in the goal SDG 16.9 introduced sintagma “legal identity” for every
person by 2030
 The challenge in relation to the legal identity and achievement of this goal
presents the fact, that also in this case an internationally harmonized concept
of legal identity supported by an instrument of international law does not exist.
 Given that there is only 10 years to achieve 16.9 SDG goal, with still about 1
billion of individuals , who in majority live in Sub SaharaAfrica, in some parts of
SE Asia, partly in Latin America –whose births are not registered and thus
legally not exist.
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 Legal Identity…….
 to over bridge the time gap, the UN legal identity expert group was
established in September 2018 (https://unstats.un.org/legal-identity-
agenda/LIEG/) , composed of 14 UN agencies with objective to develop
working definition of legal identity
 In spite of the absence of definition of legal identity at global level, this
does not mean, that it does not exist at the level of national legislations
that regulate the content a very holistic concept of legal identity
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 Who regulates and conducts the registration of civil status , legal
identity?
 It is the State that regulates Civil status by laws and sub-laws .
 And it is the State and its authority or authorities( including local
authorities) that conduct registration of Civil status.
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 Right to Privacy and its protection:
 The concept of the civil rights falls under Civil Status ; the right of individual to privacy
is supposed to be the objective of good civil registration governance.
 This concept applies equally to the systems of CR with IT support, as well to the
systems where the civil status is still registered in paper records.
 The practical challenges call for the need of a comprehensive practical training for
the staff employed in CR sector; it is a precondition for the quality of the services of
the State and guaranties enshrined in different legal instruments, including
international treaties.
 IT with digitalisation of data bases, which contain private data on civil status, raised
the need to develop additional legal protection of privacy and personal data
 These developemnts contributed to e-Identity.
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 Benefits of new technologies in domain of Civil
Registration:
 The new technologies that support Civil Registration benefit to
the development of the societies by faster services and
contribute to the security of overall society of a given country.
 Civil Registration is domain of the Government administration
that must reflect its main objective: to provide an effective
service to the” clients”: citizens and residents for accessing their
rights and services, and to contribute to better security;
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 Presumption of truth: The evidence of extraits and certificates
issued from CR for proving different legal entitlements
 The information contained in the CR and in the certificate or extrait
issued from it contains the quality : it is presumed to be true,
unless the opposite is proven.
 Such a quality is preconditioned by the fact, that the CR authority is
mandated by a specific law that governs its organization , as well as
rules that apply on registration of specific facts.
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 Knowledge
 The knowledge that it is needed for accountable and reliable CR
system is comprehensive.
 Apart from managerial skills, the State must provide appropriate
training for the staff employed in CR and to it related institutions.
 This point is specifically important for the States that introduce a
new InformationTechnology for management of identity systems
and have rather limited experience on legislative practice that
regulates CR, as well as on its implementation.
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 Policy consideration: the first step towards establishment
of a new system of CR:
 Inclusion of the need for mandatory professional in-service
training of the staff in national strategies on CR (andVS).
 Training capacity to include in budgeting
 Develop the system of Train theTrainers: using the
methodology of transfer of knowledge , the domestic trainers
with practical experience should provide the content for the
training modules
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 Topical areas for training
 1.Binding International legal standards applicable in domain of civil
status that the State acceded by international treaties
 2.The right on privacy , data protection and civil rights
 3.The national legislative framework on civil registration( Constitution,
The Civil Registration Law or Civil Code, Family Law-s, Law on Name,
Law on citizenship, Law-s on Identity Documents, Law on Personal
Identity Number, Registration of Population Law, Law on Statistic etc)
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 Topical areas for training……:
1. The Nature of CR
1. conditions for presumption of truth (authentication, pagination, alphabetical index, legalisation of certificates for
external and internal purpose…...)
2. signatures of officers,
3. storage of stamps and seals,
4. quality of the paper and ink,
5. storage of paper records and supportive documents and protection against humidity and natural calamities)
2. Birth, Marriage, Death records: deadlines for notification and registration of vital events in real time, names
(with later changes), paternity ( with recognition and court establishment of it, challenge of paternity,
recognition of paternity before the birth), maternity, adoption-full or partial, custody over child, extension of
paternal right over full age,
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 Topical areas for training……
1. Birth, Marriage, Death records:
1. deadlines for notification and registration of vital events,
2. names (with later changes),
3. paternity ( with declaration/recognition and court establishment of it,
4. challenge of paternity,
5. recognition of paternity before the birth, maternity,
6. adoption-full or partial, external adoption
7. custody over child, extension of paternal right over full age,
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 Topical areas for training…continued:
1. deprivation of paternal right,
2. marriage, divorce, nullity,
3. citizenship ( including loss), statelessness
4. death , presumption of death declared by court
5. In addition, the knowledge of the staff must also cover the registration of
vital events that occur in emergency ( natural disasters, or mass accidents,
refugees, internally displaced persons), it must cover cases of births and
deaths that occur on ships and planes registered in domestic harbors,
registration of vital events of foreigners and information of foreign
diplomatic representations about it, transborder portability of CS of
citizens from abroad,
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 Topical areas for training…continued:
1. Procedures of external and internal legalisation of domestic or
foreign extraits or certificates on CR,
2. Causes of death
3. Data protection standards
4. Vital statistics collection and reporting on vital events….
5. Identity documents
6. Registration of residence
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 Do the Universities provide curriculums on Civil Registration?
 No, only partly, for those who study law –Private Law,
Administrative Law, International Private and International Public
Law; Economics/Mathematics: Statistics. Planning ; Computer
Science: for IT maintenance and data privacy-protection..
 In practice: the best training is provided by the State, in cooperation
with Academia or training institutions with the course that is
mandatory, concluding with examn.
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 Concluding remarks
 Comprehensive training capacity for the staff of the CRA is an
investment : it is assurance of quality of the services and trust for the
users
 Informatization with no appropriate training of staff of CRA about the
civil status at large, will at the end fail the objective
 The sooner the capacity starts to operate, faster the CRA will achieve
self-sufficiency and will not depend from external consultancy
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Interact4C
International association connecting technologies for citizens
Interact for Citizens is an INGO created by four international
experts with the seat inVileness-Sur-Seine, France. It strives to
share the knowledge and know-how in the fields of civil status,
population registration, citizenship, migration, land and real
estate public policies with governments and public bodies,
within the framework of European programs or
intergovernmental cooperation.
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Thank you. Q&A
Alenka.Prvinsek@Interact4c.eu
Legal Identity versus e-Identity
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TRUSTECH 2019 conference: Training Capacity Building in Civil Registration – A Precondition for a Successful Digitalization

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TRUSTECH 2019 conference: Training Capacity Building in Civil Registration – A Precondition for a Successful Digitalization