January 20, 2024

Legal implications of Diaspora engagement, facilitating contributions and intergration

This article has been written by Ms. Akshita Jain, a 2-year student of Bharati Vidyapeeth institute of management and research New Delhi.

ABSTRACT

This paper examines the legal aspects of diaspora involvement with the aim of promoting contributions and integration. As the world continues to evolve, diasporas play a vital role in unifying nations and contributing to their home countries’ growth. This paper examines the various legal frameworks that regulate diaspora involvement, including but not limited to dual citizenship, voting, property, social security, qualifications recognition, anti-discrimination, human rights, taxation, and dispute resolution. The paper provides an in-depth literature review, case study, and legal document analysis to highlight the challenges and opportunities within current legal frameworks. The paper highlights the need for transparent and supportive legal frameworks to promote active diaspora engagement in both home and host countries. The paper also highlights successful legal frameworks employed by some nations and makes recommendations for policy makers with the aim of promoting a more positive and inclusive relationship between diasporas and their home countries. The findings provide an in-depth understanding of the legal complexities surrounding diaspora involvement, providing insights that can be used to inform future policy and academic work in this changing field.

KEYWORD: Diaspora, migrants, human rights, public policy, global governance , development policies

INTRODUCTION

A Diaspora is a community that has moved from one part of the world to another. Diasporas are often the result of forced migrations, voluntary migrations, or other historic events. Diaspora communities bring their cultural traditions, languages and customs to different regions of the world, enriching societies and promoting a global understanding of different perspectives. Diaspora communities often have economic ties with their home countries, offering financial support via remittances, investment, and business contacts. This economic involvement can have a positive impact on home country and host country development. Diasporas form transnational networks that bring people together across borders. Diaspora networks enable the sharing of ideas, knowledge, and resources, thereby increasing global connectivity. As part of their role in international relations, Diaspora communities can influence policies and decisions affecting their home countries. They can also lobby for their interests and support diplomatic efforts between their home country and home country. There are many ways in which Diaspora groups can fight for their rights and the rights of their communities in both their home countries and their home countries. Diaspora advocacy can be a part of the global conversation on Human Rights and Social Justice. Diaspora involvement in facilitating home country contributions and integration depends on the legal framework of the host country.

Diaspora members must be aware of the immigration and residency status of the host country, the visa requirements, the residency conditions, and the potential pathways to permanent residence or citizenship. They must also be aware of the employment and economic activities that they may engage in in the host country, and the work permits and business licenses that they may need to comply with the labor and business laws of the host country. Diaspora members are often involved in community organizations, and it is important to understand the legal requirements for the formation, operation, and financing of such organizations. Cultural and social integration is also important, and the host country’s anti-discrimination laws should be known and protected by diaspora members. Access to education and healthcare should also be taken into account, as legal considerations may include entitlements and possible legal barriers. Diaspora members have dual legal responsibilities in terms of taxation, document authentication, legal aid and protection. Diaspora members are liable to be taxed in both their home and host countries. If applicable, double taxation treaties can help to avoid double taxation of the same income. Diaspora members may need to be legally recognized in both their home country and their host country for documents such as educational and marriage certificates. It is important to understand how to authenticate these documents. Consular assistance is available to Diaspora members from their home country’s diplomatic missions in their host country. It is important for Diaspora members to understand the scope and protections of consular services in legal matters.

LEGAL FRAMEWORK FOR DIASPORA

The legal framework for diaspora involvement varies greatly from country to country. This can be due to the fact that diaspora communities are diverse and there are many different issues that need to be addressed. Here are some of the key things to keep in mind when analyzing diaspora engagement legal frameworks:

Nationality and Citizenship Laws:

Understanding country’s nationality and citizenship laws can have a significant impact on the level of involvement and the rights of diaspora members both in their home country and in their host country. Some countries allow dual citizenship while others do not.

Diaspora Policies:

Some countries have diaspora engagement policies in place. These may include investment incentives, voting rights or special programs to promote cultural and educational exchange.

Voting rights

One of the most important things for diaspora members is the right to vote in their home country. Some countries allow diasporans to vote in national election, while others may limit or exclude this right.

Legal Protections:

Diaspora members need legal protection both in their home country and in their host country. This includes protection from discrimination, property rights, and the ability to take legal action.

Economic Engagement:

Legal frameworks may contain provisions for economic involvement, such as allowing diasporas to invest, own property, and conduct business. Tax policies may also influence diasporas’ economic involvement.

Social and Cultural Engagement:

Legal frameworks may promote or support social and cultural activities such as diasporas cultural festivals, language programs, and educational programs.

Diaspora Organizations:

Diaspora organizations must have a set of rules and regulations in place for them to operate. Some countries have laws and regulations for diaspora groups, charities, and NGOs.

Consular Services:

Documentation, legal aid, and emergency support are just a few of the consular services available to diaspora members.

TREATIES AND AGREEMENTS

Diaspora treaties and agreements cover a wide range of issues, from human rights to cultural exchanges, economic co-operation, consular services, etc. However, the impact of international treaties and agreements on diasporas can vary greatly, and each case is unique.

International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR):

The international covenant on civil and political rights (ICCPR), and the international covenant on economic, social and cultural rights (ICESCR), are treaties of the United Nations that recognize the right to a state of self-determination, as well as various other human rights. These treaties have an indirect impact on diaspora issues through the promotion of human rights around the world. The effectiveness of these treaties depends on the level of implementation and enforcement of these rights by the member states.

The International Organization for Migration Framework Agreement (IOM):

The role of the IOM in responding to migratory issues, including those of the diaspora community, is essential. The framework agreement establishes a framework for states and the IOM to work together. The effectiveness of the agreement will depend on the degree to which the member states actively cooperate with and implement the IOM’s recommendations.

UN Convention on the Rights of Migrant Workers and Their Families

The Migrant Workers’ and Their Families’ Rights Convention (UN CRFM) is a treaty that aims to protect the rights of immigrant workers and their families. This treaty also addresses issues related to the diaspora community. However, the treaty’s effectiveness has been limited due to the fact that it has not been ratified or fully implemented by all countries.

Global compact for safe, orderly, and regular migration

The Global Compact for Safe and Regular Migration is a non-binding global agreement that was adopted in 2018. The aim of this agreement is to improve international cooperation in the area of migration. The Global Compact provides a broad framework for migration, but its success depends on states’ willingness to implement the principles of the agreement.

Bilateral agreement

Bilateral agreements are a great way for countries to work together to solve issues related to the diaspora, such as providing consular services, working together on economic matters, and protecting the rights of people living in the diaspora. The success of these agreements depends on how committed the countries involved are to following through on their agreements.

African Union’s Migration Policy Framework for Africa:

The African Union’s (AU) Migration Policy Framework (MFP) for Africa is designed to address migration challenges within Africa, including issues related to Africa’s diasporas. The effectiveness of the MFP’s implementation depends on the willingness of the African Union member states (AUMS) to implement the MFP into their internal policies.

European Union’s Action Plan on Integration and Inclusion (2021-2027):

The EU’s roadmap focuses on the integration of immigrants and their families, including the diaspora. The success of the roadmap will depend on the willingness of EU member states to implement the measures proposed.

Diaspora bonds and investment initiatives:

Diaspora bonds are a type of financial instrument that some countries use to attract diaspora community investment. These bonds are often created through agreements that offer favourable terms to diaspora community investors. The success of diaspora bond projects depends on the economic stability of the country and the attraction of the investment opportunities.

CONTRIBUTIONS OF DIASPORA COMMUNITIES

The term “diaspora” refers to a group of people who have moved and settled outside of their home country. Diaspora communities have made important contributions to society in a variety of ways, including culturally, economically, socially, and politically. Here are some of the most significant contributions that diaspora communities have made:

Cultural enrichment:

Diaspora communities maintain and promote their original languages and literature which contributes to linguistic diversity around the world. Diaspora cuisine and culinary traditions have contributed to the global culinary landscape. Diaspora cultures have had a major influence on the arts such as music, dancing, literature and visual arts which have introduced new styles.

Economic growth

The economic impact of diaspora remittances is significant. Diaspora communities send money back home to support families and contribute to the economic growth of their home countries. Diaspora entrepreneurs play an important role in the economy of both their home and host countries, setting up businesses and creating jobs.

Scientific and technological development

Diaspora communities can make a significant contribution to science and technology through education and research in their home countries and by working with universities in their home countries. They can also help to bring knowledge, technology and innovation from their home countries to their home countries.

Diaspora communities are characterized by their community organizations and networks, which cater to their social, cultural and economic needs, creating a sense of belonging and support. Diaspora communities also contribute to the development of social and community development. The presence of a diaspora community promotes tolerance and understanding, as well as the development of a diverse and multicultural society.

SUCCESSFUL DIASPORA ENGAGEMENT MODELS

A strong legal system is a sign that a country is committed to justice, the rule of law and individual rights. Legal systems vary from country to country, but some countries are known for having strong legal systems. Here is a look at some of the countries that have strong legal systems:

GERMANY

Germany’s legal system is based on the principles of civil law, with a strong focus on the protection of individual rights and respect for due process of law. Germany has an independent judicial system that guarantees fair trials and court proceedings. Germany’s legal system is composed of comprehensive codes of law, including the Constitution’s Basic Law, the Grundgesetz. Germany actively participates in international judicial cooperation and adheres to international law standards.

CANADA

Canada is a country that values human rights and diversity, as well as multiculturalism. It has a legal system that combines common law with civil law principles, and an independent judiciary that interprets and applies laws. Canada is also a leader in the fight for fundamental rights, and has a strong legal framework to protect indigenous rights and promote reconciliation.

SINGAPORE

Singapore’s legal system is based on English common law and the principles of equity. It is renowned for its effectiveness in dispute settlement and contract enforcement. Strong legal institutions help to create a stable and prosperous business environment. Legal aspects of Singapore include strong intellectual property laws and its reputation as a regional center for legal services. Strong laws on corruption help to create a transparent and clean business environment.

NORWAY

Norway has a solid legal system with a strong emphasis on social justice. Legal proceedings are transparent, fair, and respectful of human rights. The country is committed to environmental law and sustainable development. The Norwegian Constitution guarantees fundamental rights and the justice system ensures that these rights are upheld. Norway has progressive legal approaches to gender and LGBTQ+ equality.

JAPAN

In Japan, the legal system is based on both civil law and the traditional Japanese legal system. Japan has a reputation for low crime and a strong focus on public order. The country has an independent justice system and strong intellectual property laws that promote innovation and technological development. Japan has strong corporate governance frameworks and financial regulation.

CONCLUSION

To sum up, this research paper focused on the legal aspects of diaspora involvement, with a particular emphasis on how to facilitate contributions and integration in host and home countries, and how diaspora communities are changing and evolving in the global context. The study focused on the economic, cultural and social contributions that diaspora communities make, and examined the legal frameworks that regulate diaspora engagement. The aim of the research was to evaluate the effectiveness of these frameworks and suggest strategies for legal optimization. This research provides an in-depth analysis of the legal aspects of diaspora involvement. As global mobility and interdependence continue to grow, it is essential to optimise legal frameworks to enable meaningful contribution and integration. The results of this research are intended to inform future policy development and promote a more welcoming and supportive atmosphere for diasporan communities around the world.

REFERENCES

This article was originally written by Terence chun tat Shum published on IMISCOE website