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The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of the Legal Identity Gender and Migration: Understanding barriers to accessInternational Organization for Migration (IOM). The designations employed and the presentation of material throughout the publication do not imply expression of any opinion whatsoever on the part of IOM concerning the legal status of any country, territory, city or area, or of its authorities, or concerning its frontiers or boundaries. IOM is committed to the principle that humane and orderly migration benefits migrants and society. As an intergovernmental organization, IOM acts with its partners in the international community to: assist in meeting the operational challenges of migration; advance understanding of migration issues; encourage social and economic development through migration; and uphold the human dignity and well-being of migrants. _________________________________ This publication adheres to the IOM Legal Identity Strategy which lays the foundation for supporting individuals, States, and governments to meet Sustainable Development Goals (SDG) Target 16.9 and Objective 4 of the Global Compact for Migration. This publication was made through the support IOM’s Cooperation on Migration and Partnerships for Sustainable Solutions (COMPASS) initiative, designed to protect people on the move, combat human trafficking and smuggling and support dignified return and sustainable reintegration. The programme focuses on systemic changes that are critical to addressing the underlying causes of migrants’ vulnerability, gender equality and exclusion, including in humanitarian and fragile settings; supporting rights-based policies and legislation; equitable access to essential protection services; strengthening local partnerships for migrant inclusion and social cohesion; access to legal identity; reinforcing data-driven responses; and influencing social behaviours and norms. The programme is being implemented in partnership with 14 partner States.

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1211 Geneva 19

Switzerland T el.: +41 22 717 9111

Fax: +41 22 798 6150

Email: hq@iom.int Website: www.iom.int This publication was issued without formal editing by IOM.

Required citation: International Organization for Migration (IOM) (2025). Legal Identity, Gender and Migration:

Understanding Barriers to Access. IOM, Geneva.

Coordination: Dourado, I. and Boronbaeva, A.

Consultant: Jailobaeva, K.

Design: Sidi Sougou

ISBN 978-92-9278-038-8 (PDF)

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Legal Identity Gender and Migration: Understanding barriers to accessiii

CONTENTS

Abbreviations Executive Summary Framing the Inquiry: Study Context and Methods Global Perspectives: Barriers and Gaps in Accessing Legal Identity from Desk Study

Local Perspectives: Case Studies

1. SETTING THE CONTEXT

1.1. Legal Identity: A Development Priority with Broad Impacts 1.2. The Gender Divide in Legal Identity Access 1.3. Invisible and Vulnerable: The Struggles Without Legal Identity 1.4. Barriers to Legal Identity for Individuals with diverse SOGIESC

2. METHODOLOGY

2.1 Desk Study 2.2 Case Studies 2.3 Limitations

1.3. Invisible and Vulnerable: The Struggles Without Legal Identity 1.4. Barriers to Legal Identity for Individuals with diverse SOGIESC

2. METHODOLOGY

2.1 Desk Study 2.2 Case Studies 2.3 Limitations 2.4 Data Analysis 2.5 Ethics and Data Management

3. GLOBAL PERSPECTIVES: BARRIERS AND GAPS IN ACCESSING LEGAL IDENTITY FROM DESK STUDY 3.1 Legal Identity Gaps in Legislation and Policies: Women and Birth Registration 3.2 Institutional Obstacles and Their Impact on Legal Identity Registration of Women and Girls 3.3 Digitalizing Legal Identity Systems: Challenges and Barriers for Women and Girls 3.4 The Knowledge Gap: Hindering Access to Legal Identity Services 3.5 Challenges Rooted in Social Norms and Cultural and Religious Practices 3.6 Barriers to Legal Identity for Individuals with diverse SOGIESC

4. LOCAL PERSPECTIVES: CASE STUDIES

Case Study: Tunisia

4.1. Country Context 4.2. Legal Identity System 4.3. Gender-Based Gaps and Challenges

Case Study: Nigeria

4.4 Country Context 4.5 Legal Identity System 4.6 Gender-Based Gaps and Challenges

Case study: Morocco

4.7 Country Context 4.8 Identity and Civil Registration System 4.9 Gender-Based Gaps and Challenges Conclusions References iv v vi vii viii 1 2 3 4 5 6 7 8 8 8 8 10 11 12 14 15 15 16 20 21 21 22 25 29 29 30 34 37 37 38 44 48 49iv ABBREVIATIONS CEDAW Convention on the Elimination of All Forms of Discrimination Against Women

COMPASS Cooperation on Migration and Partnerships for Sustainable Solutions CNI Carte Nationale d’Identité - National Identity Card CNIE Carte Nationale d’Identité Électronique CNSS Caisse Nationale de Sécurité Sociale - National Social Security Fund CRC Convention on the Rights of the Child CRVS Civil registration and vital statistics CSOs Civil society organizations FGD Focus group discussion GMPC General multi-purpose cards IDP Internally displaced person IOM International Organization for Migration LGA Local Government Areas LMICs Lowand middle-income countries MASSAR National register of children in the educational system (Morocco) NIMC National Identity Management Commission NIN National Identification Number NIS Nigeria Immigration Service NPC National Population Commission NSPR National Social Protection Reform (Morocco) RAMED Régime d’Assistance Médicale - Medical Assistance Scheme SDGs Sustainable Development Goals SNIA National Strategy for Immigration and Asylum (Morocco) SOGIESC Sexual Orientation, Gender Identity and Expression, and Sex Characteristicsv Executive

Summaryvi FRAMING THE INQUIRY: STUDY CONTEXT AND METHODS Legal identity has emerged as a key focus in the international agenda with the adoption of the Sustainable Development Goals (SDGs). Lessons learned from the Millenium Development Goals highlighted that legal identity is essential for achieving development goals and enhancing the well-being of communities and individuals worldwide. 1 Without legal identity, people, especially those on the move, are at risk of experiencing vulnerability, discrimination and abuse. Legal identity is important for upholding international law and ensuring justice. Notably, Goal 16.9 of the SDGs states: “By 2030, provide legal identity for all, including birth registration.”2 SDG indicator 17.19.2 sets a target for all countries to achieve 100 per cent birth registration and 80 per cent death registration by 2030. 3 The Global Compact for Safe, Orderly and Regular Migration also emphasizes legal identity. Its fourth objective is to “ensure that all migrants have proof of legal identity and adequate documentation,” calling for measures to address issues related to lack of nationality and legal identity.4

birth registration and 80 per cent death registration by 2030. 3 The Global Compact for Safe, Orderly and Regular Migration also emphasizes legal identity. Its fourth objective is to “ensure that all migrants have proof of legal identity and adequate documentation,” calling for measures to address issues related to lack of nationality and legal identity.4 Legal identity is a priority for the International Organization for Migration (IOM) due to its relevance to many IOM programmatic areas, running through as a cross-cutting theme.5 In 2022, IOM adopted an Institutional Legal Identity Strategy, which is now the primary document guiding IOM’s legal identity programming. This strategy highlights IOM’s commitment to working toward the SDG and the Global Compact for Migration objectives on legal identity mentioned above.6 For the most part, the concept of gender has been used interchangeably with women since they have mostly experienced inequality. However, with greater acknowledgement of diversity, there is a call for broader inclusion of various gender identities to ensure that no one is left behind, and that everyone’s voices and needs are heard and addressed. 7 Diversity acknowledges differences among people based on various characteristics. Gender and gender identity are among these characteristics, 8 which are particularly significant in the context of legal identity and migration. Gender refers to the socially constructed roles and relationships, personality traits, attitudes, behaviours, values, relative power and influence that society differentially ascribes to males and females.9 Acknowledging the gender diversity is crucial for integrating it into policy and practice to ensure that they are gender-responsive, meet the needs of different people and address the issues of inequalities and discrimination.10 As part of the IOM Global Cooperation on Migration and Partnerships for Sustainable Solutions (COMPASS),11 a gender-based legal identity assessment was launched. The overarching objective of this study was to identify the gaps and challenges faced by women, girls, and individuals of diverse sexual orientations, gender identities and expressions, and sex characteristics (SOGIESC) in accessing legal identity. The assessment outcomes aim to better inform the review of legal identity policies, protection frameworks and civil registration services.

study was to identify the gaps and challenges faced by women, girls, and individuals of diverse sexual orientations, gender identities and expressions, and sex characteristics (SOGIESC) in accessing legal identity. The assessment outcomes aim to better inform the review of legal identity policies, protection frameworks and civil registration services. 1 Dunning et al., 2014; Harbitz and Boekle-Giuffrida, 2009. 2 United Nations, n.d. 3 UN DESA, n.d. 4 United Nations, 2018. 5 Ibid. 6 McAuliffe and Triandafyllidou, 2021. 7 Hennebry et al., 2021. 8 Cartwright and Nancarrow, 2022. 9 IOM, n.d. 10 Hennebry et al., 2021. 11 The COMPASS initiative aims to “protect people on the move, combat human trafficking and smuggling, and support dignified return and sustainable reintegration.” A new phase of COMPASS began in 2024, focusing on three key priority areas: specialized protection, localization and legal identity. This phase will run until 2027, during which IOM aims to support the government in strengthening legal identity systems by providing datadriven guidance to improve policy and operational frameworks, embedding migrant protection and gender considerations as core focuses.vii A desk study was conducted, including a review of numerous studies on access of women, girls and SOGIESC to legal identity system across various settings. Additionally, the assessment used a case study approach by focusing on three countries – Morocco, Nigeria and Tunisia – which are part of the IOM COMPASS initiative. Primary data were collected in Tunisia and Nigeria through interviews with various stakeholders and focus group discussions with women in different contexts, such as international migration and internal displacement of nationals within the countries. A review of various materials, including reports, policies and academic articles, was conducted for Morocco.

GLOBAL PERSPECTIVES: BARRIERS AND GAPS IN ACCESSING LEGAL IDENTITY FROM DESK STUDY The assessment revealed several challenges that women, girls and people with diverse SOGIESC encounter

academic articles, was conducted for Morocco.

GLOBAL PERSPECTIVES: BARRIERS AND GAPS IN ACCESSING LEGAL IDENTITY FROM DESK STUDY The assessment revealed several challenges that women, girls and people with diverse SOGIESC encounter when accessing legal identity. These obstacles include gaps in legislation and policies, institutional obstacles, challenges in the digitalization of legal identity systems, a knowledge gap within communities about legal identity, challenges rooted in social norms and cultural and religious practices, and barriers specific to individuals of diverse SOGIESC.

While national legislation across various global settings States that all citizens should have an identity document, in practice this stipulation has limitations. Identity and birth registration rates vary globally. Despite these variations, the barriers appear similar, albeit with differing intensities. Institutional challenges persist, as legal identity services are often unevenly accessible, leaving remote rural areas underserved. Physical distances and associated financial costs, combined with sociocultural restrictions on women’s mobility, make it difficult for women to travel to registration centres. Institutional and infrastructural capacity issues of government institutions encompassing the legal identity and civil registration and vital statistics (CRVS) system further compound these barriers. For instance, in some contexts, frequent power cuts undermine the delivery of legal identity services, forcing women to make multiple trips, which is especially challenging given economic constraints and patriarchal sociocultural norms in rural areas. These power issues also highlight the difficulties in digitalizing legal identity systems – a trend across lowand middle-income countries (LMICs). Limited access to the internet, inconsistent energy supplies and outdated regulations further hinder this process, exacerbated by concerns about data protection. Staff shortages in relevant institutions lead to overburdened personnel. Underpayment of staff fosters corruption, with bribes demanded for registration services. Staff often intentionally complicate processes, compelling women to pay bribes, which disproportionately impacts single and/or unwed mothers already facing societal stigma. A lack of coordination among government services further impedes women’s ability to register birth of their child. Notably, complications in accessing prenatal care can cascade into difficulties

compelling women to pay bribes, which disproportionately impacts single and/or unwed mothers already facing societal stigma. A lack of coordination among government services further impedes women’s ability to register birth of their child. Notably, complications in accessing prenatal care can cascade into difficulties with hospital births, ultimately hindering child registration. In some contexts, institutional staff can display biases, prioritizing boys’ registration over girls’, influenced by local sociocultural norms that value boys more. Discriminatory legislation and practices disproportionately hinder women’s ability to register their children’s births, often requiring additional documentation such as proof of marriage or a father’s authorization – requirements typically not imposed on men. In some cases, only fathers or paternal grandfathers are authorized to register a child’s birth, further marginalizing women. For unmarried women with children born out of wedlock, societal stigma exacerbates these barriers, despite national policy reforms. Furthermore, State policies often assume a sedentary family model, overlooking the realities of mobile families and migrant mothers, particularly in host countries were stringent documentation requirements risk rendering children stateless. Practices linking birth registration to the mother’s documentation perpetuate gender discrimination, leaving marginalized mothers and their children without essential legal identity or citizenship. Institutional challenges in data management exacerbate these barriers, with disaggregated data exposing significant gender disparities in registration rates. Issues such as unrecorded marriages, teen pregnancies, single motherhood and under-registered deaths disproportionately affect disadvantaged women andviii girls, leaving them outside administrative systems and unable to access their rights. These challenges are compounded by poverty, race, ethnicity and location, perpetuating invisibility and reinforcing inequalities in civil registration. For displaced populations, women face additional hurdles, including lost or destroyed documents, unfamiliarity with registration processes and complex requirements. A lack of awareness further limits access to legal identity in LMICs, with many women uninformed about available services. Misconceptions about processes reveal a gap between legal frameworks and practical knowledge, leaving many unaware of the benefits and steps involved in registering vital events. For example, discussions with internally displaced women in Nigeria revealed that, before obtaining IDs in camps, they were

available services. Misconceptions about processes reveal a gap between legal frameworks and practical knowledge, leaving many unaware of the benefits and steps involved in registering vital events. For example, discussions with internally displaced women in Nigeria revealed that, before obtaining IDs in camps, they were unaware of the importance of these documents. Addressing this issue requires well-funded, coordinated and tailored awareness campaigns emphasizing the importance of civil registration and ensuring equitable access. Barriers to legal identity for women are deeply entrenched in patriarchal social norms, cultural traditions and practical obstacles that restrict their ability to register vital events for themselves and their children. In some contexts, women face restrictions in accessing and using passports, with men often controlling family documentation.12 Men resist to marriage registration, fearing it would empower women within households. Stigma surrounding unregistered marriages or children born out of wedlock further discourages women from registering births, even in the absence of legal barriers. Absent fathers hinder mothers’ ability to complete birth registration, as societal norms expect fathers to oversee this process. Cultural norms also prioritize boys’ registration over girls’, perpetuating gender disparities. In many communities, religious traditions are prioritized over civil registration, with mosque records valued more than official certificates, further limiting women’s participation in formal systems.13 Barriers to legal identity for individuals with SOGIESC stem from rigid binary frameworks in identity documents that fail to accommodate transgender and non-binary identities, leading to social exclusion. Limited recognition of non-binary gender markers, financial and social barriers to updating documents, and scrutiny at border crossings further exacerbate these challenges. Additionally, civil registration laws often exclude non-traditional parentage, such as same-sex families, and enforce outdated definitions of parenthood, marginalizing transgender parents and their children. Resistance to adapting administrative processes further perpetuates exclusion for individuals with diverse SOGIESC.

LOCAL PERSPECTIVES: CASE STUDIES Similarities in barriers across Morocco, Nigeria and Tunisia Across Morocco, Nigeria and Tunisia, legislation supporting gender equality and access to legal identity documents exists, with many laws undergoing positive reforms in recent decades to address gender disparities. However, enforcement remains a significant challenge, with gaps between legislative frameworks

Similarities in barriers across Morocco, Nigeria and Tunisia Across Morocco, Nigeria and Tunisia, legislation supporting gender equality and access to legal identity documents exists, with many laws undergoing positive reforms in recent decades to address gender disparities. However, enforcement remains a significant challenge, with gaps between legislative frameworks and their practical implementation. Social, cultural and religious norms deeply rooted in patriarchal traditions restrict women’s autonomy, mobility and financial independence, thereby limiting their capacity to pursue identity documents or register vital events. In all contexts, women’s dependency on men for decisionmaking and resources amplifies their exclusion. Digitalization is a common trend, with efforts to digitize legal identity systems in all three countries. However, these initiatives face challenges, such as limited digital skills among women, particularly those in rural areas, who struggle to access online services. Stakeholder involvement in managing legal identity systems is evident in all contexts, with agencies focusing on gender equality and civil registration. Additionally, all three countries face the added complexity of addressing the needs of irregular migrants, internally displaced persons (IDPs) and refugees, who encounter compounded barriers to legal identity due to systemic, sociocultural and institutional challenges. 12 IBRD and World Bank, 2019. 13 Romesh and Snow, 2019.ix Contextual differences in barriers In Nigeria, institutional and infrastructural challenges are pronounced, with issues such as expensive and unreliable internet, low electricity supply and high illiteracy rates significantly impacting access to digital and physical registration services. Patriarchal norms restrict women’s autonomy, especially in rural areas, where mobility and financial independence are further limited. The high prevalence of conflict and displacement exacerbates barriers for women and children in IDP camps, where logistical challenges and economic constraints hinder registration efforts. While some progress has been made through mobile registration units and outreach campaigns, widespread poverty and entrenched cultural norms continue to impede access. In Tunisia, institutional capacity and legal identity infrastructure are comparatively more advanced, with higher birth registration rates and a digitized civil registration system. However, implementation challenges persist due to social and cultural norms that marginalize women, especially in rural areas. Patriarchal attitudes

access. In Tunisia, institutional capacity and legal identity infrastructure are comparatively more advanced, with higher birth registration rates and a digitized civil registration system. However, implementation challenges persist due to social and cultural norms that marginalize women, especially in rural areas. Patriarchal attitudes often limit women’s roles in registering vital events, with fathers or male guardians being prioritized in legal processes. Additionally, migrant women face systemic exclusion due to a lack of documentation, stigma and bureaucratic inefficiencies, leaving their children at risk of statelessness. The absence of a national asylum system further compounds the vulnerability of refugees and asylum-seekers. In Morocco, legal frameworks have undergone significant reforms, such as the Mudawana (Family Code), which introduced gender-sensitive changes. However, dual systems of statutory and customary laws create inconsistencies in implementation, with traditional practices often undermining women’s rights. Rural women face significant barriers to accessing civil registration services due to mobility restrictions, financial constraints and a lack of infrastructure. For migrants, the country’s shift towards a more human-rights-centred migration policy has led to some improvements. Initiatives such as the National Strategy for Immigration and Asylum (SNIA) and the National Strategic Plan for Health and Immigration, ensures access to primary health care and education for vulnerable populations, including migrants in irregular situations. Nevertheless, challenges remain in achieving universal and truly inclusive coverage. These include increasing awareness among local stakeholders, eliminating financial barriers to accessing services and reducing the digital divide in rural areas. Areas to improve T o address these challenges, improving enforcement of gender-equitable legislation and ensuring its practical implementation is crucial. Institutional reforms are needed to expand access to legal identity services in underserved areas, accompanied by well-funded awareness campaigns tailored to educate women about the importance of legal identity. Streamlining digitalization efforts with reliable infrastructure, affordable internet and inclusive training programmes can help bridge the digital divide. Specific attention must also be given to vulnerable groups such as single mothers, displaced persons and those in informal settlements by simplifying registration procedures and mitigating biases within institutional frameworks. Collaborative efforts among stakeholders, including governments, civil society and international organizations, are essential

internet and inclusive training programmes can help bridge the digital divide. Specific attention must also be given to vulnerable groups such as single mothers, displaced persons and those in informal settlements by simplifying registration procedures and mitigating biases within institutional frameworks. Collaborative efforts among stakeholders, including governments, civil society and international organizations, are essential to address systemic gaps and ensure equitable access to legal identity for all women, regardless of their socioeconomic or geographic circumstances.x Setting the Context 1.2 1.1 LEGAL IDENTITY: A DEVELOPMENT PRIORITY WITH BROAD IMPACTS Legal identity is essential for everyone, and ensuring that no one is left behind – regardless of gender or other factors – remains a priority to the international community. Legal identity is a specific goal within the SDGs (Target 16.9 under Goal 16). It plays a crucial role in achieving other SDGs through Civil Registration and Vital Statistics (CRVS) systems. A fully operational and universal CRVS system contributes to achieving SDG targets and monitoring progress by providing either the numerator or denominator for 67 indicators across 12 SDGs. 14 Recognizing the importance of legal identity, global commitments have been made to strengthen legal identity systems. International funding to support the enhancement of CRVS systems, alongside domestic resources, has increased significantly in recent decades. Between 2015 and 2024, the projected financial requirement for improving CRVS systems was estimated at 3.8 billion United States dollars (USD).15 Legal identity is defined as the basic characteristics of an individual’s identity. e.g. name, sex, place and date of birth conferred through registration and the issuance of a certificate by an authorized civil registration authority following the occurrence of birth. Proof of legal identity is defined as a credential, such as birth certificate, identity card or digital identity credential that is recognized as proof of legal identity under national law and in accordance with emerging international norms and principles. Civil registration  is defined as the continuous, permanent, compulsory and universal recording of the occurrence and characteristics of vital events pertaining to the population, as provided through decree or regulation is accordance with the

card or digital identity credential that is recognized as proof of legal identity under national law and in accordance with emerging international norms and principles. Civil registration  is defined as the continuous, permanent, compulsory and universal recording of the occurrence and characteristics of vital events pertaining to the population, as provided through decree or regulation is accordance with the legal requirement in each country. Civil registration is carried out primarily for the purpose of establishing the documents provided by the law. Box 1: Operational definitions of key terms on legal identity by United Nations16 Legal identity is a crucial foundation for individuals to claim their nationality and assert their place within a legal framework.17 It serves as a gateway for protecting basic human rights18 and ensuring that individuals can fully realize their entitlements. Through CRVS systems, legal identity paves the way for inclusion in social, economic and political life. For instance, it enables individuals to open bank accounts, secure documented employment, and participate in voting, while also supporting the understanding of population and health dynamics.19 Legal identity documents are essential for accessing fundamental rights and services. They are required to establish legal marriages, migrate lawfully and obtain passports. 20 These documents ensure that individuals can exercise their rights and engage in activities that require formal legal recognition. Furthermore, the registration of vital events and possession of legal identity documents are critical tools in tackling poverty. Adults and children without legal identity often face barriers to accessing health care, education, housing, nutrition and social protection programmes. By facilitating access to these essential services, legal identity documents play a key role in breaking the cycle of poverty and promoting equitable development.21 14 IDRC, n.d. 15 Silva, 2022. 16 United Nations, n.d. 17 Harbers, 2020. 18 United Nations, 2015. 19 United Nations, 2015; Harbers, 2020. 20 Ball et al., 2017. 21 Silva, 2022.3 Despite the recently elevated importance of the legal identity and CRVS, many LMICs do not have comprehensive systems of civil registration.22 Around 850 m