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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:
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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
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 • 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