Digital legal aid platforms for displaced populations have transformative potential. This article discusses the Norwegian Refugee Council’s experience of implementing a digital legal aid platform while navigating ethical considerations.

Legal aid plays a critical role in protecting the rights of displaced populations, ensuring their access to essential services in humanitarian contexts. However, there is often a shortage of access to legal service providers available to displaced people. In many cases, lawyers engaged by NGOs and UN agencies are the sole experts in this specialised area of law in conflict-affected countries.

Given the high demand for timely legal assistance from the target population and the substantial dependence on qualified professionals, legal aid programmes are prime candidates for digital transformation. Yet, the sensitive nature of legal aid interventions necessitates strong adherence to ‘do-no-harm’ principles. The challenge lies in balancing the pressing need for impactful digital solutions with the imperative to handle these interventions with the utmost care and attention to ethical considerations.

The Norwegian Refugee Council has introduced a digital legal aid platform – KOBLI – to enable displaced people to access timely and accurate legal information online. KOBLI is a suite of tools tailored for supporting legal assistance in humanitarian settings, developed by the Information, Counseling and Legal Assistance (ICLA) team (i.e., NRC’s legal aid programme). Legal aid programmes can use the digital tools to establish an online presence through mobile apps, social media, websites and messaging applications.

KOBLI has a staff-facing component and a beneficiary-facing component. Using the staff side, legal aid workers can organise, develop, review and publish content in different formats (such as chatbot, FAQs and guide paths). Using the beneficiary-facing component, refugees can explore legal scenarios, navigate through the chatbot, and track their progress on interactive self-help tools.

Following an extensive journey involving design, software development and testing, KOBLI was first piloted in Lebanon in 2023, followed by Ukraine and Jordan. The insights gained from the pilot in Lebanon provide valuable lessons on both the opportunities and risks linked with digitising legal aid programmes in humanitarian contexts.

The potential reach of digital legal aid platforms

Digitalising legal aid services presents a distinctive opportunity for humanitarian actors to amplify their impact by expanding their reach, eliminating access barriers and enhancing the timeliness of communications.

The traditional methods of information provision[1] by NRC’s legal aid teams involve in-person travel by staff or volunteers to community centres, mosques and churches to hold group information sessions for 20-40 people at a time. In comparison, KOBLI-Lebanon reached an estimated[2] 75,000 unique individuals through its website in 12 months and 15,000 individuals through its WhatsApp channel in six months.

In the web development industry, a user whose visit lasts more than one minute is considered an active user. On average KOBLI-Lebanon visitors spend 2.5 minutes on the website, explore five pages and return to the platform three times, indicating sustained engagement. Furthermore, a phone survey conducted with over 500 users of KOBLI in Lebanon, found that 99% were satisfied with the legal information provided on the platform and would recommend the platform to others.These metrics demonstrate the active participation and engagement of online users and underscore the positive reception of the digital approach by the target population.

Navigating access challenges

Despite its potential for widespread reach, digital legal aid is only available to individuals possessing a minimum level of tech literacy, access to the internet and a digital device, such as a smartphone. Depending on the displacement context, significant numbers of people may not meet these conditions. However, this critical fact might be obscured by reports showcasing an increase in the overall number of people reached after the adoption of digital modalities. Consequently, there is a risk of excluding the, often more vulnerable, populations without access to and knowledge of technology.

Hence, while digital tools offer invaluable access to legal support, it is vital to consider the unequal access to technology and connectivity among displaced individuals. Such consideration necessitates a programme design where digital and in-person methods complement each other.

At NRC, the strategy involves utilising digital approaches to address less complex legal issues faced by less vulnerable individuals. By doing so, we aim to redirect our staff’s focus toward the more complicated legal challenges encountered by the more vulnerable. Tech suitability assessments enable informed decisions about each service modality’s role in the legal aid programme. These assessments are guided by considerations of access, knowledge and preferences within the target population.

KOBLI’s pilot in Lebanon was heavily influenced by the tech suitability assessment conducted beforehand. The survey showed that while over 90% of refugees had access to the internet, only 38% of respondents preferred to receive legal information through the internet (others preferred in-person or telephone modalities), and 63% stated they were comfortable with using the internet. Furthermore, among those with access to the internet, only 50% of the respondents had full access, with 42% only being able to use WhatsApp. As such, the ICLA-Lebanon programme uses KOBLI to complement its in-person assistance and helpline. The KOBLI WhatsApp channel was launched four months after the website to accommodate those with access to WhatsApp only.

The digital approach necessitates a proactive effort to attract a diverse audience. The pre-launch tech suitability survey[3] revealed comparable levels of technology access and literacy among both males and females. However, the demographic data of our online visitors exhibited a notable bias towards male visitors, with 72.5% being male in January 2023. Whether this imbalance resulted from biases in online advertising campaigns on platforms like Facebook and Google or simply because KOBLI’s content attracted more males than females, it posed a concern. We addressed this by implementing targeted ads for female audiences. Consequently, by November 2023, the gender distribution among our visitors became more balanced, with 51% being male and 49% female. Similar improvements were achieved for underrepresented refugees in particular geographical areas.

How digital platforms can support safety and dignity

The digitalisation of legal aid services can play a key role in mitigating some safety and dignity concerns. It serves as a secure alternative, particularly when safety risks such as checkpoints, lack of civil documentation, or other restrictions associated with traveling to humanitarian service facilities affect displaced individuals or when substantial inconvenience, such as long traveling time, impedes access to aid facilities.

Furthermore, digital tools can be an effective way for humanitarian organisations to combat misinformation, especially since the internet is often the breeding ground for such content. They enable the timely dissemination of crucial and accurate information to communities. By leveraging digital tools, humanitarian actors can effectively address and counteract the spread of false information, enhancing the overall information landscape in a timely and targeted manner.

Finally, the anonymous nature of digital platforms in legal aid can significantly benefit marginalised groups, particularly those facing circumstances where seeking assistance might lead to stigma or additional risks. For example, individuals seeking legal aid for divorce proceedings may fear social disapproval, retaliation, or potential harm if their actions are discovered. Additionally, in some contexts, there is a stigma attached to receiving assistance from Global North NGOs. Digital modalities offer a layer of confidentiality and privacy that is not always possible in traditional face-to-face interactions. By accessing legal aid anonymously online, these individuals can seek crucial assistance without the fear of being identified or judged within their communities. This anonymity encourages and empowers them to take the necessary steps to secure legal support, ensuring their safety while addressing their legal needs.

Risks: accuracy, safety and dignity in digital legal aid services

While digitalised legal aid programmes address some safety risks tied to physical services, they bring forth their own set of risks. The expansive reach and speed of digital tools are advantageous for amplifying valuable information, but they can similarly magnify errors and inaccuracies that are inadvertently made. Correcting mistakes is more complicated in the online setting with anonymous users. Furthermore, indiscriminate access to information may pose challenges in situations where a thorough assessment of the applicability of the law to the specific situation is required. Finally, digital assistance may be perceived as less respectful than in-person legal aid. For example, the use of chatbots or messaging apps to answer legal questions could appear more distant, detached and impersonal.[4]

To maintain a high quality of digital legal aid, risks related to safety and dignity should be properly assessed, monitored and mitigated. Many of the concerns above can be avoided. A proper procedure for the development, review and publication of content will reduce the chances of mistakes and errors. A thorough legal and case analysis should be integrated with keeping the content up-to-date. Any errors can be promptly addressed when there is a clear channel for reporting. The developed procedure should assign responsibilities to individual team members not only to develop content but also to regularly ensure their relevance and accuracy.

Moreover, it is imperative to incorporate a seamless integration between digital and in-person responses. A notable example is the design of the KOBLI chatbot and Guide Path pages, which not only provide automated assistance but also enable users to connect with a real person at any point for further clarification and a deeper understanding of their legal queries. In KOBLI-Lebanon, 5% of KOBLI visitors (about 200 per month), used one of the KOBLI channels to get in touch with legal aid workers.

How digital platforms can support inclusivity and empowerment

The digitalisation of legal aid services, with an emphasis on the development of self-help tools, enables individuals to navigate legal scenarios independently and decide on the best course of action after weighing their options. In fact, the adoption of digital platforms has the potential to democratise access to legal information for displaced populations, thereby breaking down traditional barriers and creating a more inclusive and equitable legal landscape that empowers individuals to navigate complex processes, make informed decisions, and advocate for their rights. This, in turn, ultimately fosters greater resilience and self-determination within displaced communities.

Additionally, by fostering both active engagement with users and the passive monitoring of behavioural patterns, digital tools can play a pivotal role in reducing barriers to participation. These tools create accessible channels for interaction, providing refugees with opportunities to voice their concerns, share experiences, and actively participate in decision-making processes. At the same time, the digital analysis of the data enables programme designers and stakeholders to tailor initiatives effectively, ensuring that support programmes are precisely aligned with needs. In essence, the integration of digital tools not only facilitates engagement but also streamlines the process of data analysis, resulting in more targeted and responsive programmes that contribute to the overall empowerment of displaced populations.

Risks associated with the interpretation of data collected through digital channels

Digital tools offer a convenient means of connecting with displaced populations and understanding their challenges and needs. However, it is crucial to approach the data collected with caution to avoid potential misinterpretations. Firstly, it is important to recognise that online users might not fully represent the entire target population, and their perspectives may not encapsulate the diversity of experiences within that group. Secondly, interpreting the data derived from analytics requires robust methodologies to ensure that insights drawn from the data are accurate and aligned with the actual context. This will prevent misleading interpretations and allow for a more comprehensive understanding of the displaced population’s needs and challenges.

KOBLI is equipped with analytical tools that provide our digital legal aid team with insights into the most visited themes and topics. The chatbot analytics reveal the selected conversation flows and the extent of user engagement. However, it is essential to note that not every interaction is captured by analytical tools; for instance, when users deny permission for the platform to collect cookies. Additionally, not every interaction should be considered a genuine expression of interest in topics.

Take, for example, the employment law section on the KOBLI-Lebanon website, covering issues such as obtaining work permits and negotiating contracts. While this section receives a high number of visits, suggesting high interest, a closer examination of the data reveals low visit duration and interaction levels. This could be attributed to visitors landing on the KOBLI employment law page while searching for employment opportunities. To better identify the subset of users who truly engaged with the material, KOBLI-Lebanon adopted a policy that only visitors meeting a minimum engagement level (e.g., duration of visit and number of clicks) are included in the analytics. This approach enhances the accuracy of data, allowing for more informed decisions in content planning and updates.

Conclusion

In conclusion, the digital evolution of legal aid, exemplified by initiatives like KOBLI, introduces a significant paradigm shift in humanitarian assistance. While digital platforms offer expanded reach and operational efficiency, it is crucial to acknowledge and address challenges, including unequal access and potential risks to safety, accuracy and dignity. The experiences shared in this article, particularly the insights gained from KOBLI’s implementation in Lebanon, underscore the importance of a thoughtful and balanced approach. This discussion highlights the delicate equilibrium required to harness technology’s potential for empowerment while upholding ethical considerations.

In 2024, while KOBLI will continue to grow internally among NRC country offices, such as Iraq, Palestine, Egypt and Moldova, NRC is exploring opportunities to scale up sustainable access to the KOBLI platform for partners and local NGOs. This endeavour reflects a commitment to harness the transformative role of digital innovation in the humanitarian sector, aiming to enhance the accessibility and quality of legal aid for displaced populations.[5]

 

Amir Shiva
Global Project Manager for Digital Transformation of ICLA at NRC
Amir.shiva@nrc.no  linkedin.com/in/amir-shiva-b9a73b29/

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[1] NRC-ICLA provides legal aid through three main modalities, which differ based on their level of engagement with the target population: information provision, one-to-one counselling and legal assistance which covers legal representation.

[2] The estimation accounts for the individuals who visit the website but reject cookies, and as such, their visit is not recorded by analytics tools. Different sources have different estimates of the number of users who reject cookies but conservative numbers are around 40%, which is adopted by KOBLI.

[3] To access the full tech suitability assessment, visit this link: https://howto.kobli.no/en/page/TechSuitability

[4] Two critical topics – data protection and the utilisation of artificial intelligence in digital legal aid – demand in-depth discussion that exceeds the confines of this article. With respect to data protection, the KOBLI team ensures the security of the platform by conducting frequent penetration tests and security audits. KOBLI upholds the highest privacy practices including compliance with General Data Protection Regulation (GDPR) in the EU.

[5] With great appreciation for the support of Katrien Ringele, ICLA Global Lead; Martin Clutterbuck, ICLA Regional Adviser in MERO; and NRC-ICLA team in Lebanon.