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

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Presentation made on November 27th 2019 at TRUSTECH by Alenka Prvinšek Persoglio, Vice President and Co-Founder at
Interact4c
Contents: 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. The compliance of the policy must be in conformity with data protection and privacy standards. The concept of the civil rights that constitute right to privacy is supposed to be the objective of good civil registration governance. The knowledge on 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.

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

  1. 1. 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
  2. 2. 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 2
  3. 3. ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A PRECONDITION FORA SUCCESSFUL DIGITALIZATION  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. Alenka Prvinsek Persoglio, Vice President, Interact4c, TRUSTECH; Cannes ,27th 11 2019 3
  4. 4. ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A PRECONDITION FORA SUCCESSFUL DIGITALIZATION  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. Alenka Prvinsek Persoglio, Vice President, Interact4c, TRUSTECH; Cannes ,27th 11 2019 4
  5. 5. ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A PRECONDITION FORA SUCCESSFUL DIGITALIZATION  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. Alenka Prvinsek Persoglio, Vice President, Interact4c, TRUSTECH; Cannes ,27th 11 2019 5
  6. 6. ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A PRECONDITION FORA SUCCESSFUL DIGITALIZATION  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 Alenka Prvinsek Persoglio, Vice President, Interact4c, TRUSTECH; Cannes ,27th 11 2019 6
  7. 7. ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A PRECONDITION FORA SUCCESSFUL DIGITALIZATION  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. Alenka Prvinsek Persoglio, Vice President, Interact4c, TRUSTECH; Cannes ,27th 11 2019 7
  8. 8. ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A PRECONDITION FORA SUCCESSFUL DIGITALIZATION  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. Alenka Prvinsek Persoglio, Vice President, Interact4c, TRUSTECH; Cannes ,27th 11 2019 8
  9. 9. ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A PRECONDITION FORA SUCCESSFUL DIGITALIZATION  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; Alenka Prvinsek Persoglio, Vice President, Interact4c, TRUSTECH; Cannes ,27th 11 2019 9
  10. 10. ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A PRECONDITION FORA SUCCESSFUL DIGITALIZATION  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. Alenka Prvinsek Persoglio, Vice President, Interact4c, TRUSTECH; Cannes ,27th 11 2019 10
  11. 11. ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A PRECONDITION FORA SUCCESSFUL DIGITALIZATION  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. Alenka Prvinsek Persoglio, Vice President, Interact4c, TRUSTECH; Cannes ,27th 11 2019 11
  12. 12. ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A PRECONDITION FORA SUCCESSFUL DIGITALIZATION  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 Alenka Prvinsek Persoglio, Vice President, Interact4c, TRUSTECH; Cannes ,27th 11 2019 12
  13. 13. ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A PRECONDITION FORA SUCCESSFUL DIGITALIZATION  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) Alenka Prvinsek Persoglio, Vice President, Interact4c, TRUSTECH; Cannes ,27th 11 2019 13
  14. 14. ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A PRECONDITION FORA SUCCESSFUL DIGITALIZATION  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, Alenka Prvinsek Persoglio, Vice President, Interact4c, TRUSTECH; Cannes ,27th 11 2019 14
  15. 15. ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A PRECONDITION FORA SUCCESSFUL DIGITALIZATION  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, Alenka Prvinsek Persoglio, Vice President, Interact4c, TRUSTECH; Cannes ,27th 11 2019 15
  16. 16. ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A PRECONDITION FORA SUCCESSFUL DIGITALIZATION  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, Alenka Prvinsek Persoglio, Vice President, Interact4c, TRUSTECH; Cannes ,27th 11 2019 16
  17. 17. ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A PRECONDITION FORA SUCCESSFUL DIGITALIZATION  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 Alenka Prvinsek Persoglio, Vice President, Interact4c, TRUSTECH; Cannes ,27th 11 2019 17
  18. 18. ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A PRECONDITION FORA SUCCESSFUL DIGITALIZATION  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. Alenka Prvinsek Persoglio, Vice President, Interact4c, TRUSTECH; Cannes ,27th 11 2019 18
  19. 19. ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A PRECONDITION FORA SUCCESSFUL DIGITALIZATION  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 Alenka Prvinsek Persoglio, Vice President, Interact4c, TRUSTECH; Cannes ,27th 11 2019 19
  20. 20. ATRAINING CAPACITY BUILDING IN CIVIL REGISTRATION:A PRECONDITION FORA SUCCESSFUL DIGITALIZATION 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. Alenka Prvinsek Persoglio, Vice President, Interact4c, TRUSTECH; Cannes ,27th 11 2019 20
  21. 21. Thank you. Q&A Alenka.Prvinsek@Interact4c.eu Alenka Prvinsek Persoglio, Vice President, Interact4c, TRUSTECH; Cannes ,27th 11 2019 Legal Identity versus e-Identity 21

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