DIASPORA PANEL Flora Mutuku, Advocate (Kenya); MA Law & Diplomacy Dr. Jane Ngarari, PhD Univ. of Birmingham Moses Langat, PhD, University of Surrey Becky.

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Presentation transcript:

DIASPORA PANEL Flora Mutuku, Advocate (Kenya); MA Law & Diplomacy Dr. Jane Ngarari, PhD Univ. of Birmingham Moses Langat, PhD, University of Surrey Becky Karanja, President Kenya UK Sacco (KENUKS)

THE DIASPORA POLICY To encourage diaspora partnerships to strengthen: the business environment; development efforts; regional migration frameworks; national legal and institutional frameworks.

HOW THE DIASPORA ENGAGES Diaspora solidarity with their country of origin and relatives/ communities left behind Investment promotion agencies Provide incentives to diaspora to engage Vehicles to channel migrant and diaspora skills and expertise to produce public and private goods Information tools that help migrant and diaspora entrepreneurs make connections

DIASPORA DIALOGUE Legal Perspectives on issues affecting us Encouraging Skills Acquisition & Transfer ??? Kenya UK Sacco

LEGAL PERSPECTIVES DIASPORA CHALLENGES, SOLUTIONS AND OPPORTUNITIES Flora Mutuku Advocate (Kenya); MA Law & Diplomacy

LEGAL REGIMES THAT AFFECT THE DIASPORA INTERNATIONAL / REGIONAL LAWS HOST COUNTRY LAWS COUNTRY OF ORIGIN LAWS

DIASPORA ISSUES HAVING A LEGAL ASPECT IMMIGRATION/ EMIGRATION ADVICE SECURING YOUR IMMIGRATION STATUS / citizenship Dealing with Dual/ Multiple Citizenship Acquired before or after new Constitution Additional requirements e.g. declaring dual nationality GENERAL BUSINESS ADVICE Acquiring and selling property Setting up a business/ investment/ operation vehicle Negotiating and enforcing business/ other contracts Freely moving your goods, trade or services between countries Cross-qualification/ re-training issues Freely dealing with Kenyan cultural products Protecting Kenyan culture and creative products

DIASPORA ISSUES HAVING A LEGAL ASPECT - 2 EMPLOYMENT Dealing with work place issues and general discrimination FAMILY Marriage, Civil Partnership, Co-habitation Divorce and Separation Child contact and Maintenance orders Adoption/ International Adoption OTHER Medical, accidents and insurance matters Criminal Law – what if you find yourself at a police station (host country)? Death/ Wills – creating one and executing one

USING THE LAW TO YOUR ADVANTAGE! 1: Know the law and YOUR RIGHTS [ OR GET SOMEONE WHO DOES TO HELP ] 2: ENFORCE your rights 3: ADVOCATE for legal/ POLICY CHANGE! - Country of Origin - Host Country - Regionally/ Internationally 4: BRIDGE UNDERSTANDING between your adopted country and countries of origin

Diaspora Advocacy & Diplomacy YOU! DIASPORA ORGANISATIONS KENYA UK/ EUROPE HOW? -Groups/ Associations - Cultural and commercial diplomacy - Engage with your Embassy/ The Diaspora Office

LEGAL FRAMEWORKS TO SUPPORT DIASPORA INVOLVEMENT Legal Groups Lawyers Legal Interest Groups Partnerships with Lawyers/ Law Firms in Kenya and UK Law Societies in Kenya/ E. Africa Internationally