1. Securing Property and Inheritance Rights in the context of HIV/AIDS Mercy Wahome: National Coordinator Society for Women & AIDS in Kenya (SWAK)

2. Women & HIV in Kenya Currently, 1.27 million Kenyans are infected by HIV The worst impact of this epidemic is felt by women and girls with over 600,000 living with the virus. Many of these are widows in their 20s to 40s, young girls and grandmothers. The spillover effect has resulted in many minor-aged orphans, destitute and vulnerable children 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

3. Property ownership & women Social, cultural, economic and occasionally legal framework in which most Kenyans live allow men significant control over women lives. 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 Most communities do not give land ownership rights to women, as land is mostly passed from father to son. A woman’s right to land is only through marriage but that does not confer to her security of tenure on the same land. 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. Widow’s right to continue living on her husband’s ancestral land is guaranteed by her acceptance of cultural practices like “wife inheritance”

4. Gaps, violations & barriers to women’s property and inheritance rights 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. 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. 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

5. Action and Advocacy SWAA Interventions at; International National (Kenya) Community level

6. International level SWAA continues to respond to the challenge through numerous advocacy and educational efforts. human rights projects in 11 West and Central African countries; Cameroon, Chad, Nigeria, Gambia, Ghana, Benin, Mali, Mauritania and Guinea, Liberia and Sierra Leone. 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.

7. 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

8. Advocacy & Networking 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

9. Community level 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 Community human rights educators  25 community leaders were trained on Human Rights in 2006  over 5,000 community members reached through community outreaches

10. Mediators  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 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

11. Male initiative;  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

12. 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

13. Donors SWAK appreciates the support of the following donors Co-operaid Hope for African Children Initiative Oxfam Novib Public Welfare Foundation USAID – FHI, APHIA

14. THANK YOU