By Mahlet Mesganaw, Partner at DMLF
The Ministry of Women and Social Affairs issued a directive namely “Alternative Childcare and Support Directive Number 976/2023” done as of October 2023(hereafter the Directive). The Directive embodies five family based care alternatives namely family preservation and strengthening, reintegration and reunification, kinship care, foster care, and adoption. Our focus shall be on kinship care, what kinship care is about and how kinship is implemented.
Kinship care is defined in the Directive as ‘’a private arrangement within an extended family whereby a child is looked after on a temporary or long-term basis by his maternal or paternal extended family, without it being ordered by an administrative or judicial authority’’. For the purpose of kinship care service, extended family members include grandparents, aunts, uncles, cousins and older siblings. Where a child is transitioning from any other form of alternative care into kinship care, the need for the transition must be examined and approved by the relevant bureau, Community Care Coalition or Child Protection Expert.
In order to implement Kinship care service for a child, that child is unable to live with their biological parent/s for any reason. Also where it has been determined that it is not in a child’s best interest to remain with his biological parent(s) or where the biological parent(s) are untraceable or deceased.
Kinship care could be formal or informal. Where children or families need support for informal kinship care, registration with relevant bureau or local authority (kebele) could be made to help link the family with support services.Steps should be taken to ensure the protection of children in informal care from abuse, neglect, child labour and all other forms of exploitation. The relevant bureau or relevant authority should encourage and enable informal caregivers. This needs the consent of the child and parents to formalize the care arrangement after a suitable lapse of time. The kinship care should promote the child’s welfare and protection including financial and other support. The standards and services for care of vulnerable children outlined in the Directive will be applicable for kinship care as well.
Where a kinship family is registered, then the kinship child and family are provided with support. In addition to support, monitoring shall be conducted in accordance with case management procedures with the aim of providing ongoing support and assessment to establish that the placement remains in the child’s best interest and their needs are being met.
Kinship care can be an appropriate form of short or long-term care. Efforts to reunify and reintegrate a child with biological parent(s) shall be done as far as possible. Where biological parent(s) are known, the Child Protection Expert or caseworker should ensure a full assessment of the parent/s to explore options for eventual reunification and reintegration. In accordance with the results of the assessment, the officers will determine the most suitable kinship household, and who will be matched with the family who can be best able to meet the unique needs of the child. The child should participate in the matching process and the children in the host family must also participate in the decision.
To sum up, kinship care, as one form of family based care, allows a vulnerable child to remain within the family circle of grandparents, aunts, uncles, cousins and older siblings.With registration of kinship family, the child under kinship care and the child’s host family can be monitored and eventually supported. The ultimate aim is for the child to grow with his/her biological parent(s). Efforts to reunify and reintegrate the child with biological parents shall be a task of the child protection expert. Till then the kinship care has to be monitored in order for the kinship care to rise to the level of meeting the best interest of the child.
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By Dagnachew Tesfaye, Managing Partner at DMLF
The Ethiopian House of People’s Representatives Approves Special Economic Zones Proclamation No 1322/2024 in its session on April 18,2024. In this article we shall see what Special Economic Zones are, types and benefits of SEZs and challenges and considerations.
Special Economic Zones (SEZs) are designated areas within a country where business and trade laws differ from the rest of the country. These zones are created to attract foreign investment, boost economic activity, and promote industrialization and innovation.
What are Special Economic Zones?
Special Economic Zones are areas where governments introduce policies that are more liberal and business-friendly compared to the rest of the country. These policies can include tax incentives, relaxed labor laws, and streamlined customs procedures. The goal is to create an environment that fosters economic growth and development.
Types of Special Economic Zones
There are various types of SEZs, each serving different purposes:
1. Free Trade Zones (FTZs) – Focus on trade and import/export activities.
2. Industrial Parks – Designed to attract manufacturing industries.
3. Export Processing Zones (EPZs) – Specialize in producing goods for export.
4. Special Economic Zones – Combine features of FTZs, EPZs, and industrial parks to boost overall economic growth.
Benefits of Special Economic Zones
1. Economic Growth: SEZs can significantly boost the economy by attracting foreign direct investment (FDI). The influx of capital can lead to the development of infrastructure and creation of jobs, which in turn stimulates economic activity.
2. Job Creation: By attracting businesses, SEZs create employment opportunities for the local population. This not only helps reduce unemployment rates but also improves living standards.
3. Technological Advancement: SEZs often attract high-tech industries and promote innovation. The transfer of technology and skills from multinational companies to the local workforce can lead to advancements in local industries.
4. Export Growth: SEZs are typically geared towards export-oriented businesses, helping countries to increase their exports. This can improve the trade balance and bring in foreign currency.
5. Infrastructure Development: Governments often invest in infrastructure development in SEZs, including transportation, utilities, and communication networks. This infrastructure can benefit the wider region and spur further economic development.
6. Regional Development: SEZs can help reduce regional economic disparities by promoting industrial development in less developed areas. This can lead to a more balanced regional growth within a country.
Challenges and Considerations
While SEZs offer numerous benefits, they also come with challenges. There can be significant costs involved in setting up these zones, and not all SEZs succeed in attracting the desired level of investment. Additionally, there may be issues related to labor rights and environmental impacts that need to be managed carefully.
Conclusion
Special Economic Zones are powerful tools for economic development, offering a range of benefits from job creation to technological advancements. However, careful planning and management are essential to ensure these zones deliver on their potential and contribute to sustainable economic growth.
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By DMLF
The Immigration and Citizenship Services(ICS) is established based on the restructuring made on Definition of Powers and Duties of the Executive Organs Proclamation No. 1263/2021. This Proclamation entered into force on the 6th day of October, 2021.
Hence ICS is established as an autonomous federal government body having its own legal personality. ICS shall implement the powers and duties entrusted to Immigration, Nationality and Vital Registration Agency(INVRA) under Regulation No. 449/2019. Therefore, the rights and obligations of (INVEA)Immigration, Nationality and Vital Events Agency (INVEA) are transferred to ICS.
ICS, an integral part of national governance, offers a comprehensive array of services crucial for maintaining and affirming the identity and mobility of citizens. From issuing and renewing passports to managing visa applications and handling residency permits.
As per Providing Foreign Nationals of Ethiopian Origin with Certain Rights to be Exercised in their Country of Origin Proclamation No.270/2002, foreign nationals of Ethiopian origin are allowed to be issued with Identification Card of foreign nationals of Ethiopian origin. New applicants who seek to obtain Ethiopian Origin Id, as first time applicants, have to bring foreign passport with a validity of more than 6 months, visa of entry/printout if e-visa was used, copy of Ethiopian passport, birth certificate, family identification of mother, father, brother or sister.
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By DMLF in collaboration with Geda Yosef
Introduction
A retirement visa is a special type of visa issued by some nations that allows people with adequate financial resources to live in a specific foreign country for an extended period of time. Retirement visas bring several advantages for developing countries like Ethiopia in terms of socio-economic development. Countries that offer retirement visas in one form or another include Costa Rica, Ecuador, Indonesia, Ireland, Mexico, Nicaragua, Panama, the Philippines, Portugal, Spain, and Thailand. Retirement visas are generally good for at least 12 months, after which they can be renewed if the person still qualifies. In some countries, foreign retirees can also apply for permanent residency and obtain citizenship after they have lived there for a certain number of years.
Retirement Visa Requirements in General
Retirement visas go by different names in different countries, each of which maintains its own rules. In some countries an individual must be over a certain age to qualify for a retirement visa. Others may have no specific age requirement but stipulate that the person be retired and have retirement or pension income. All set a minimum income requirement and some require that applicants deposit funds in a local bank. In many instances, retirement visa holders are not allowed to work in the host country unless they are able to obtain a separate work permit. The visa holder may also be required to purchase health insurance that is valid in that country.
Retirement Visa in Different countries
Countries around the world are looking to attract retirees. Some countries have created visa policies specifically designed for retirees and in some cases offer special benefits and incentives for relocating. The most attractive retirement visas are usually found in South America, although a few Asian countries also offer appealing programs.
Colombia is quietly becoming an overseas retirement haven. The country’s growing American expat numbers are in large part due to its user-friendly retirement visa. The main requirement for Colombia’s Retirement Visa is: Proof of monthly income of at least three times Colombia’s minimum monthly wage. This changes every year and is about $800 per month in 2022. As a type of Migrant Visa, the Retirement Visa is available for up to three years. After five years of living in Colombia, you can apply for a resident visa.
The Republic of Indonesia offers a retired or senior citizen visa that is good for one year and may be extended for as many as five additional years. It doesn’t specify an age requirement but does require proof of sufficient financial resources in the form of a bank or pension fund statement. In addition, applicants must provide proof that they have health, life, and liability insurance. After living in Indonesia for five consecutive years, visa holders can apply for permanent residency
European countries are among the countries with good retirement visas. About 20 European countries recognize and provide retirement visa programs. Italian retirement visa is known as the Elective Residency Visa, Italy’s retirement visa has a high passive income requirement of €31,000 per year minimum. What’s more, you can’t work while resident with this visa, not even for an overseas employer. After five years of full-time residency in Italy, you can apply for a permanent residence permit. For citizenship, you’ll need to live there for 10 years before applying. There’s also an Italian language exam to pass. You’ll need a B1 level on the Common European Framework for Languages.
Due to the relatively low cost of living, high quality of healthcare, sunny weather, and tax law, Portugal is a popular destination for retirement in Europe. In order to retire in Portugal (for those who don’t have an EU passport) they need to apply for a retirement visa. Portugal has some of the most lenient visa requirements out of EU countries and is often referred to as the gateway to Europe.
i) How to Retire in Portugal
If the applicant for a retirement visa is not an EU citizen, then the applicant will have to apply for a visa to retire in Portugal. Two of the most popular visa routes which allow you to live in Portugal as a retiree are:
Document requirements for retirement visa in Portugal: a visa application form, an international passport, two color photos, a health insurance policy, confirmation of no criminal convictions from the applicant country of residence, and confirmation of sufficient means of living.
Portugal golden visa document requirements: an official application form ,a valid passport ,marriage ,divorce and birth certificate, two Passport size photos, medical insurance policy ,a certificate of having no previous criminal records, and documents related to investment.
Portugal offered several benefits for those who want to retire in Portugal as compared to other countries. These include: High health care quality, opportunity to get citizenship, good tax system, and free traveling through Europe.
Panama has become a popular retirement home in recent years due to low government tax and price discounts for foreign guests and retirees. Retiree can choose to enjoy their retirement by the beach, in rural areas, or in one of the cities of Panama. Panama offers foreign retirees one of the best retirement programs in the world. The Panama Pensionado program comes with great benefits for retirees. Foreigners who decide to join the retirement program in Panama need to apply for a retirement visa first.
To be eligible for a retirement visa in Panama, Retiree must have a verifiable minimum monthly income of $1,000. This could be Social Security or other government retirement funds (military, state retirement, police pension, etc.) or retirement from a private corporation.
Document requirements for retirement visa in panama: Original valid passport, 5 photographs, Health certificate, Police records, Proof of pension or income.
Panama also offers several benefits and advantages for people wants to retire in panama like exemption from import tax for household goods, exemption from import tax to import a new car every two years, and also retiree obtain discounts on things like utility bills, airline tickets, medical fees, and entry fees for movie theaters and cultural and sporting events, etc.
Foreigners who are over the age of 50 and want to move to Thailand for retirement are eligible to apply for a Thailand Retirement Visa. Even though it is the more commonly used term, the official term for a Thailand “Retirement Visa” is a Category “O” of the Non-Immigrant Visas for Thailand.
Types of Thailand Retirement Visas
There are two types of Thailand retirement visas:
The financial requirements for a retirement visa in Thailand depend on the type of retirement visa that you will apply for.
Financial requirement for an O-A visa are:
On the other hand, the financial requirements for an O-X visa are:
Document requirements for a retirement visa in Thailand include; passport, Completed and signed visa application form, Passport-size picture, Proof you meet the financial, Police Certificate, Health Certificate, etc.
The UAE is one of the safest countries, attributed to its effective police and surveillance systems. This makes it an ideal place for retirees seeking a secure and protected living environment.
Retirement planning in Dubai involves careful consideration of financial goals and investment strategies to ensure a secure and comfortable life in this dynamic and cosmopolitan city. Retired individuals over 55 can apply for a UAE 5 year retirement visa if they meet one of the following criteria:
Document requirements for retirement visa in UAE (Dubai) include:
African countries
Mauritius has become a popular retirement home in recent years. To retire in Mauritius, Retiree needs to apply for a retirement visa. Mauritius offers Residence Permit as Retired Non-Citizen, a program for foreigners who want to continue their retirement in the territory of Mauritius and make it their second home.
To retire in Mauritius, retirees have to meet the following criteria:
Documents Required for a Mauritius Retirement Visa include: Mauritius retirement visa application form, Passport and copies of the bio-data page of the passport, marriage certificate, Photographs, Original residence permit, medical certificate, Police clearance, Means of subsistence and Payment of fee.
The Mauritius Retirement Visa is issued for a minimum period of three years and can be renewed. After ten years of residency, retirees can apply for a residence permit with 20 years validity, which you can renew for another 20 years if you still fulfill the residency requirements.
A retirement Visa allows for the holder to retire and live in South Africa in a permanent capacity. For immigration to South Africa, under the category of a retirement visa, the criteria is based on the premise that the immigrant is not looking to work, study or carry out their own business. Applications for retired visas under temporary residency can be made for a period of 4 years only. After the 4 years they can be further extended by making an application to home affairs and proving that the criteria are still being met.
To obtain a retired person’s visa, one of the main criteria concerns the prospective immigrant’s financial status and proving they have sufficient means to support themselves. For temporary residency each applicant must demonstrate that they have: ZAR 37,000 per month, per applicant. This can be in the form of cash/cash equivalents or cash income generated by capital asset(s). The proof of funds can be either of the aforementioned or a combination of both. The Department of Home Affairs tends to accept a total amount available in your bank account covering one for up to 6 months. There is no minimum age restriction to this visa category. The Department of Home Affairs may authorize you to conduct work on your retirement visa under certain terms and conditions deemed suitable by the Department of Home Affairs.
Documents required for a South Africa Retirement Visa include: Either the permanent or temporary residency application form, Valid passport, Medical and radiological reports, Police clearance certificate, and Yellow fever certificate (where applicable).
Pros and Cons of a Retirement Visa
Retirement visas bring several advantages for countries in terms of attracting investors and tourists and generating revenue for the country. In recent years, countries have effectively worked on this program to attract investors and tourists to their countries. Some countries, such as Portugal, divide retirement visas into two categories: one for investors and another for residents. They provide different types of incentives and protection for retirees to attract investors and tourists to their countries. Countries like Dubai are also working on retirement visas to attract tourists to their country and generate revenue from this sector. For developing countries, the recognition of retirement visas plays a significant role in facilitating capital flows, promoting investment, tourism, and mobilizing nation’s resources for further economic development. From an individual’s perspective, a retirement visa also has several advantages. Retirement visas allow people to stay in a foreign country longer than typical tourist visas. This can be particularly useful to retirees, who may want to sample a country at various times of the year before deciding on moving there permanently. A retirement visa can also be a step toward qualifying for permanent resident status. Retirees can be subject to taxes and may be required to contribute to the country’s healthcare and retirement systems.
From an individual’s perspective a retirement visa also has its own negative consequences. Moving abroad entailed more than a physical movement from one location to another. Relocation to a foreign destination also involved a psychological transition which affected nearly every aspect of the retired migrant’s life. The most difficult challenge encountered by retired migrants was the language barrier. When retired migrants are unable to speak the local language, whether with local residents in a social conversation or with medical providers or nursing care staff in a medical setting, the communication barrier became a source of misunderstandings and mistrust between both parties; this obstacle not only prevented the retired migrants from getting whatever they needed, but further perpetuated unintended and unwanted isolation and loneliness. The state may also face challenges in providing service for this foreign retiree due to language barriers.
Retirement Visa in Ethiopia
Retirement visas bring several advantages for developing countries like Ethiopia in terms of socio-economic development .Visas and other related issues are regulated and governed under immigration laws and regulations issued by the House of Representatives and the Council of Ministers. There are different types of visas under the current existing Ethiopian legal framework, which include diplomatic visas, special visas, business visas, immigrant visas, tourist visas, transit visas, student visas, exit visas, reentry visas, etc. A retirement visa is another type of visa that plays a significant role for developing countries like Ethiopia in attracting foreign investors and professionals in different areas. Retirement visas bring several advantages for Ethiopia’s socio-economic development. There are also a lot of foreign nationals who want to retire in Ethiopia for different reasons. However, the current existing Ethiopian immigration proclamation and regulation do not recognize or cover retirement visas.
Comparative Advantages of Retirement in Ethiopia
The common factors that have influenced individuals’ decisions to retire abroad included the opportunity to enjoy a warm, pleasant climate which permitted outdoor activities, to explore the cultural and natural attractions which the country offered, and to take advantage of the relatively inexpensive cost of living. Ethiopia is the oldest country in the world, with several historical traces. Retirees are often attracted to Ethiopia for its rich culture, diverse landscapes, and friendly people. Ethiopia is home to some of the world’s oldest and most fascinating archaeological sites, making it a great destination for retirees looking to explore the past. Additionally, Ethiopia offers a wide range of outdoor activities, from trekking in the Simien Mountains to bird watching in the Rift Valley. The weather in Ethiopia is generally warm and sunny, with temperatures ranging from the mid-60s to the mid-80s Fahrenheit throughout the year. Life for a retiree in Ethiopia and its surroundings can be quite enjoyable. There are plenty of cultural attractions to explore, such as the ancient churches and monasteries of Lalibela, the rock-hewn churches of Tigray, and the castles of Gondar. There are also plenty of recreational activities to enjoy, such as hiking, bird watching, and exploring the many national parks. For those looking for a more active nightlife, there are plenty of bars and restaurants to explore, as well as traditional music and dance performances.. Ethiopia, in terms of weather conditions, natural resources, and policy perspective, is preferable for retirement.
Legal Status of Retirement Visa under Current Ethiopian Legal Framework
The existence of a comprehensive immigration law is very essential to the national economic and social developments of the country .There are proclamations and regulations that govern immigration and visa-related areas. Let’s consider Ethiopian Immigration Proclamation No. 354/2003. According to this Proclamation, any foreigner who wants to enter Ethiopia shall possess: a valid travel document; a valid entry visa; a valid permanent residence permit; or an identity card issued by the Ministry of Foreign Affairs; and a health certificate, as may be necessary. Proclamation No. 354/2003 also listed the types of visas to be issued according to the proclamation and the regulations to be issued by the ministry. Among this list under Article 12(1), these visas are: diplomatic visas, special visas, business visas, immigrant visas, tourist visas, transit visas, student visas, exit visas, and re-entry visas. Retirement visas have not been mentioned, and the list is also not exhaustive. The Proclamation provides that other visas to be prescribed by regulation will be issued by the Ministry of Foreign Affairs. Regulations are also issued by the Council of Ministers: namely the Council of Ministers Regulation No. 114/2004 on Immigration. This Regulation is issued in pursuance of Proclamation No. 354/2003. Regulation No. 114/2004 provides detailed content and provides additional types of visas other than those mentioned in Proclamation No. 354/2003. The regulations from Articles 13 to 21 provide different types of visas with different requirements that applicants have to fulfill in order to obtain a visa which is stated as follows.
Types of Visas and their requirement according to Regulation No 114/2004
(b) The financial means to cover his educational and accommodation expenses.
As we considered above, this regulation does not talk about retirement visas. Retirement Visa is not recognized or covered both under Proclamation No. 354/2003 and Regulation No. 114/2004.
Conclusion and Recommendation
The Ethiopian government has taken several social, economic, and legal reforms to attract foreign investors and tourists to the country in order to generate revenue from this sector and bring economic development. The existence of a compressive legal framework that is compatible with the preceding situations is very essential. Retirement visas play a significant role in enhancing the economic development of the country. Several South American and Asian countries recognize retirement visas and generate economic benefit from this sector. In Ethiopia, both Immigration Proclamation No. 354/2003 and Immigration Regulation No. 114/2004 do not recognize or cover retirement visas. Recognition and regulation of retirement visas play an important role in attracting foreign investors and expertise in different professions to Ethiopia. Hence, it’s important to revisit our law and recognize and govern retirement visas.
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