Transcript Kenya land laws in regard to property and disinheritance

Securing Property and Inheritance Rights in
the context of HIV/AIDS
Mercy Wahome: National Coordinator
Society for Women & AIDS in Kenya
(SWAK)
Women & HIV in Kenya
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Currently, 1.27 million Kenyans are infected by HIV
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The worst impact of this epidemic is felt by women and
girls with over 600,000 living with the virus.
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Many of these are widows in their 20s to 40s , young
girls and grandmothers.
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The spillover effect has resulted in many minor-aged
orphans, destitute and vulnerable children
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Women who are known or suspected of being HIV
positive are frequently ejected from their homes by their
husband or husband’s family resulting in loss of property
Property ownership & women
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Social, cultural, economic and occasionally legal framework in which
most Kenyans live allow men significant control over women lives.
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Land ownership, access and control is central to the sustenance of the
livelihood system in Kenya. It is the key asset at the centre of the right
to own and inherit property
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Most communities do not give land ownership rights to women, as
land is mostly passed from father to son.
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A woman’s right to land is only through marriage but that does not
confer to her security of tenure on the same land.
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The Law of Succession does not give a widow any land inheritance
rights, although she can hold the land in trust for the children of the
marriage.
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Widow’s right to continue living on her husband’s ancestral land is
guaranteed by her acceptance of cultural practices like
“wife
inheritance”
Gaps, violations & barriers to women’s
property and inheritance rights
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Indigenous land tenure systems protected the access rights of all
members of the community including women and children are now
being disinherited rather than protected.
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The 1882 Married Women's Property Act division of property under
the act is not clearly set out. Landmark cases have established that
women are entitled to half of the family property in cases of death or
divorce, but only if they can prove that they contributed to the
household.
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Whereas legislation does avail remedies, it does not stop abuse
from happening. The invisible power of culture, beliefs and
socialization is more deeply rooted than the visible power of the
statutes, courts, and Parliament.
Apathy towards will writing
Lack of access to legal assistance due to lack of information and
poor economic status
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Action and Advocacy
SWAA Interventions at;
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International
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National (Kenya)
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Community level
International level
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SWAA continues to respond to the challenge through
numerous advocacy and educational efforts.
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human rights projects in 11 West and Central African
countries; Cameroon, Chad, Nigeria, Gambia, Ghana,
Benin, Mali, Mauritania and Guinea, Liberia and Sierra
Leone.
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Main objective is on how best to get governments to
adopt the model law on human rights and HIV/AIDS
identified as a promising tool to reducing HIV/AIDS
related stigma and discrimination.
National level strategies.
The Society for Women and AIDS in Kenya
(SWAK) is an affiliate of Society for Women and
AIDS in Africa (SWAA).
Our mission
 To mobilise and empower women, girls and the
greater community to reduce their vulnerability
to HIV/AIDS through advocacy, networking and
strengthening capacity within the community
Advocacy & Networking
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SWAK made recommendations to the delegates of
Kenya’s National Constitutional Conference women’s
property rights in Kenya’s draft constitution through a
joint letter
SWAK made contributions to the UNAIDS 2006 report on
Women and Property Rights in Kenya.
Participation in development of Kenya National Strategic
Plan 2005-2010
With Human Rights Watch, SWAK has been able to
highlight cases of property disinheritance in Kenya
SWAK has been listed In the directory of organizations
providing support to women in Kenya by UNAIDS
Community level
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Paralegal Program
 Program
was established in year 2002
 Paralegals identify cases and refer for legal redress
 To date SWAK has trained 375 paralegals
 A network of paralegals has been established for peer
support and updates
 Handled 108 cases of property disinheritance
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Community human rights educators
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25 community leaders were trained on Human Rights
in 2006
 over 5,000 community members reached through
community outreaches
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Mediators
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30 trained in 2007 to mediate on the numerous cases
of property disinheritance among women and children
so that they do not have to end up in court .
 10 cases have been resolved successfully
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Memory book
 To
enhance parents living with HIV/AIDS to acquire
knowledge and skills in developing supportive
strategies to help children affected cope with the
effects of AIDS in their families. This includes will
writing.
 SWAK has trained its members and built capacity of
other organisations as ToTs.
 Trained 205 ToTs.
 Over 2500 people trained in SWAK and other NGOs
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Male initiative;
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Advocates for the involvement of men to
enhance HIV/AIDS activities including
protection of women’s right to property
ownership.
 Over 70 organisations supported to initiate
and enhance activities involving men
Ambassadors of Hope
•Encouraging and giving skills
to HIV positive people to speak
out in public and put a human
face to AIDS contributes greatly
to public education on reduction
in stigma and discrimination.
•SWAK has trained over 1000
PLWA as ambassadors of hope
on public speaking.
•Through public forums,
schools and religious meetings
AOH have reached over
2million people advocating for
the rights of PLWA
Donors
SWAK appreciates the support of the following donors
 Co-operaid
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Hope for African Children Initiative
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Oxfam Novib
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Public Welfare Foundation
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USAID – FHI, APHIA
THANK YOU