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 COUNTRY OF ORIGIN LAWS HOST COUNTRY 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 DIASPORA ORGANISATIONS HOW?

-Groups/ Associations - Cultural and commercial diplomacy - Engage with your Embassy/ The Diaspora Office

UK/ EUROPE YOU!

KENYA

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