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Diaspora Advocacy: Legal Perspectives on Strengthening Partnerships for Development

Explore the legal aspects impacting diaspora engagement with insights from Flora Mutuku, Advocate (Kenya) and Dr. Jane Ngarari, PhD expert. Learn how diaspora partnerships contribute to business environment, development efforts, migration frameworks, and legal frameworks at national and regional levels. Discover legal advice on immigration, business, employment, family, and more for diaspora communities. Unlock opportunities and solutions through the diaspora dialogue and advocacy, enhancing involvement with legal frameworks and skill transfer.

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Diaspora Advocacy: Legal Perspectives on Strengthening Partnerships for Development

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  1. 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)

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

  3. 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

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

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

  6. LEGAL REGIMES THAT AFFECT THE DIASPORA

  7. 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

  8. 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

  9. 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

  10. Diaspora Advocacy & Diplomacy • HOW? • Groups/ Associations • Cultural and commercial diplomacy • Engage with your Embassy/ The Diaspora Office

  11. 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

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