2009
Strategy Conference
for “The Legal
Network for Women’s
Property and
Inheritance Rights”
Conference Report
This report covers proceedings at the regional conference held at the Hill Park
Hotel Kenya 25-27 May 2009. The conference was a joint initiative of FIDA Kenya
and WLSA Malawi and brought together 20 participants from different countries
in the eastern and southern Africa region and in particular South Africa,
Mozambique, Zimbabwe, Malawi, Ethiopia, Uganda, Tanzania, Rwanda & Kenya
FIDA (Kenya) and WLSA Malawi
Markallan Consulting Agency
5/25/2009
Some of the Conference participants:
Sitting from left to right:Patricia (Kenya), Jean (Uganda), Violet (Kenya), Tamar (OSI), Yvonne (Zimbabwe), Genet
(Ethiopia) and Grace (Kenya).
Standing from left to right:Anna (Uganda), Hilda (Tanzania), Milly (Kenya), Mbatha (South Africa), Catherine (Kenya),
Mary Frances (Kenya), Seodi (Malawi), Annette (Rwanda) and Louise (OSI).
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Table of Contents
Table of Contents ....................................................................................................................................... 3
Abbreviations and Acronyms .................................................................................................................. 4
BACKGROUND ......................................................................................................................................... 5
THE NETWORK ........................................................................................................................................ 5
FOCAL PARTNERS................................................................................................................................... 7
THE CONFERENCE.................................................................................................................................. 7
CONFERENCE SESSIONS ....................................................................................................................... 9
DAY ONE ................................................................................................................................................ 9
COUNTRY PRESENTATIONS .......................................................................................................... 13
DAY TWO ................................................................................................................................................. 31
DAY THREE ............................................................................................................................................. 47
Way Forward ........................................................................................................................................ 50
ANNEX 1................................................................................................................................................... 51
ANNEX 2................................................................................................................................................... 54
ANNEX 3................................................................................................................................................... 56
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Abbreviations and Acronyms
1. BONETA- Botswana Network
2. CBOs- Community Based Organizations
3. CEDAW- Convention on the Elimination of All Forms of Discrimination Against Women
4. EWLA- Ethiopia Women Lawyers Association
5. FDRE- Federal Democratic Republic of Ethiopia
6. FIDA Kenya- Federation of Women Lawyers Kenya Chapter
7. GBV- Gender Based Violence
8. GROOTS Kenya- Grassroots Organizations Operating Together in Sisterhood
9. HIV & AIDS- Human Immunodeficiency Virus & Acquired Immune Deficiency Syndrome
10. HIVOS- The Humanist Institute for Development Cooperation
11. ICRW- International Centre for Research on Women
12. MoU- Memorandum of Understanding
13. NGOs- Non- Governmental Organizations
14. OSI-Open Society Initiative
15. TAWLA- Tanzania Women Lawyers Association
16. WLSA Malawi- Women and Law in Southern Africa Research and Educational Trust
Malawi
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1. BACKGROUND
The interchange between statutory laws, customary laws, religious laws and other laws in
Eastern and Southern Africa countries is a critical issue in the determination of women’s rights.
These laws are inter-applied in determining women’s realization of their property rights. In
some of these countries, areas of personal law (such as marriage, divorce, succession) are the
domain of customary or religious law, even where the state laws are non-discriminatory. In
many of the Eastern and Southern Africa countries customary laws do not recognize the rights
of women to own land and other property and do not allow female children to inherit their
father’s property. Further, harmful cultural practices such as dispossession of widows are quite
common across the two sub regions. A number of studies show that poverty is a key factor in
the spread of HIV/AIDS. Needless to say, the deprivation of women and girls to own and
inherit property leaves them in perpetual poverty and thus exposed.
Various organizations in Eastern and Southern Africa are working to realize equality of right to
ownership and inheritance for women. These organizations are believed to have countryspecific information on the issue which can be drawn as lessons for other like-minded
organizations. Some organizations have also conducted useful studies and research on the issue
that would offer vital information. These organizations met in Nairobi to form a legal network
aimed at advancing women’s property and inheritance rights in the context of HIV & AIDS in
Eastern and Southern Africa through sharing of information, experiences and strategies by legal
practitioners and human rights activists. The Network has been conceptualized as achieving its
goals through creating an information base for scholars, activists and policy makers in Eastern
and Southern Africa. This exchange of information will be conducted mainly through a
common website.
2. THE NETWORK
2.1 Expected Outcomes
The following outcomes that are expected to be achieved through the Network:

Creating a united voice for women’s rights lawyers/advocates that would engage policy
makers of their obligations to protect property rights of widows under international and
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regional treaties like the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) and the African Union Protocol on the Rights of Women in
Africa.

Supporting Eastern and Southern African lawyers in national legal interventions in
promoting inheritance rights through exchange of information and strategies through
provision of amicus curiae, briefs, letters of support, and so on.

The project’s web/online approach will further result in a significant amount of positive
multiplier and spin-off effects due to the fact that some of the information disseminated
through the internet will trigger off links with other organizations and networks and
enhance and promote efforts at increasing women’s ownership of property and land.

Creating an information base for advocates who may be restricted from pursuing strategic
litigation due to lack of funds by providing links to potential donors
2.2 Network’s Objectives
The network agreed on the overall objective which is to advance women’s property and
inheritance rights in the context of HIV & AIDS in Eastern and Southern Africa through sharing
of information, experiences and strategies by legal practitioners and human rights activists.
The specific objectives are:

Provide an interactive forum for exchange of legal information on inheritance, rights and
HIV & AIDS among legal practitioners and advocates in Eastern and Southern Africa and
beyond.

Create a vibrant network where lawyers in Eastern and Southern Africa positively influence
each other to make a concrete contribution towards mitigating the impact of HIV & AIDS on
women in general and widows in particular.

Improve the legal rights in inheritance of ordinary women in Eastern and Southern Africa.

Create an information base for scholars, activists and policy makers on women’s rights,
property rights and HIV & AIDS in Eastern and Southern Africa.

Improve collaboration among women’s legal advocates in Eastern and Southern Africa.
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3. PARTNERS
Federation of Women Lawyers Kenya Chapter (FIDA Kenya) and Women and Law in Southern
Africa Research and Educational Trust Malawi (WLSA Malawi) are the initial coordinating
partners who have come together and formed the Legal Network for Women’s Property and
Inheritance Rights which brings together human rights organizations, law societies and
individuals in Eastern and Southern Africa. The responsibilities of focal partners include:

Identifying Organizations in their countries
The focal point is expected to identify a minimum of five organizations in their countries to be
in the Network.

Coordinating the network in their countries
Focal partners are responsible to work as a focal point for the Inheritance Legal Network in
their respective countries and coordinate information in their countries from other members of
the network relating to judicial precedents, articles, laws, experiences and so on which
information should be shared with FIDA Kenya and WLSA Malawi.

Forwarding information
Focal partners are responsible to forward the information to FIDA Kenya, in the case of Eastern
Africa countries and to WLSA Malawi, in the case of Southern Africa countries.
Other Members
Organizations, individuals, women's rights advocates, lawyers, activists etc identified by the
focal partners in their respective countries will become members of the Network with the
responsibility of forwarding information to the focal points.
4. THE CONFERENCE
4.1 Main Objectives for the Conference
The Conference aims to bring together advocates and experts to meet and collectively develop a
strategy for the future of inheritance interventions in Eastern and Southern Africa.
The Conference sought to achieve:
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
Increased participation, utilization and exchange of research information for inheritance;

Discussion of the website framework solicitation of further input on how it can be
constructed.

Brainstorming on cost effective ways to popularize the website and network within
relevant national channels.

Brainstorming on the newsletter name, style and hard copy distribution mechanisms.

Clarifying obligations of network members and financial responsibilities of WLSA
Malawi and/or FIDA Kenya.

Gathering more resources that focal points may bring to the conference.

Invigorating the network.
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5. CONFERENCE SESSIONS
5.1 DAY ONE
5.1.1 Opening Session

Divine intervention
The day started off with a word of prayer from Jean Kamitare. The prayer mainly sought divine
intervention in the interactions for the day so that they make work for the good of the target
group; women.
5.1.2 Introductions and Expectations
Mary Frances, Programme Officer Treaty Monitoring and Research, FIDA Kenya then invited
participants to state their names and that of the organizations for which they work or which
they represent at the meeting. She also asked them to state an expectation that they have of the
workshop. Some participants were yet to arrive. Some of the expectations included
That the conference will create water shed for the issues at hand and help form an alliance.

That the conference will provide an opportunity to learn much more about networking
around the issue in reference and strategies in GBV programming.

That it would provide opportunity to exchange ideas.

That the sessions will generate information that will help in the protection of women rights.

To learn more about inheritance and share the information through program when back at
work.

That it will allow for sharing information on inheritance issues.

To learn more about challenges in the region and solutions to countering these challenges.

To share information and make new contacts and get details on the network will work.

To create networks and friendships that will help move forward with the agenda.

That as Kenya is undergoing constitutional reforms input from conference will contribute to
the presentation FIDA will make to the experts working on the Constitution.

To learn more about what partners expect of the network.

To be able to help formulate ideas behind running the network.

To share ideas around our work.
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
To listen, share and contribute to improving the network.

To share experiences.

That the conference will provide an opportunity to share information that will promote
protection of the property rights of women. There is need to engage in initiatives, outside
the law, that will help protect women such as with cultural bodies.

That it will provide opportunity for sharing information on strategies that can work in
protecting property and inheritance rights of women.
5.2 Welcome Address
By Naomi Wagereka, FIDA Kenya Chairperson
The FIDA Kenya Chairperson welcomed participants to the conference and wished them a good
stay in the country. She stated that she was looking forward to the discussions and ideas that
will emerge in the course of the conference. She reminded them not to forget the people for
whom they were gathered, the women. Women suffer discrimination when it comes to property
rights and this discrimination becomes more pronounced when it comes to inheritance rights.
With the scourge of HIV & AIDS the issue of inheritance has become more pronounced hence
the need to have this conference and the proposed network. Experiences from the different
countries will be useful for all and particularly for Kenya in developing a strategy that can be
adopted in making recommendations that will help protect the rights of women in the new
constitution.
5.3 Sessions
Grace Kimani, the Deputy Executive Director and Head of Programmes FIDA Kenya, then
introduced the Coordinator of WLSA, Malawi, Ms. Seodi White to talk about the network and
the idea behind its formation.
5.3.1 Inheritance Legal Network Overview
Presentation by Ms. Seodi White, WLSA Malawi
The ultimate goal of the project is to contribute to the mitigation of the impact of HIV & AIDS
on women’s realization of their property rights.
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The objectives of the networks are broad and encompassing to allow for diverse interest groups
and enrich the resource. It is hoped that the network will form a useful resource base on issues
relating to women’s inheritance property rights. The network should be organized in a way as
to offer a systematic way of sharing information that will be useful in promoting the rights of
women. The network will also offer a source of support when undertaking national advocacy
projects.
The process of getting the network going will involve inter alia:
Having a series of online meetings and teleconferences to share ideas on information
available, and how to share it online.

In countries where legislative and/or litigation measures have not succeeded, the network
could be a useful forum to strategize on how the African Union and/or United Nations
human rights mechanisms could be used to enforce widows’ property rights.

Each network country would have a focal person/organization to be responsible for
ensuring the national use of the website by critical domestic stakeholders; and collecting incountry resources and transmitting these to WLSA-Malawi on a monthly basis, or more
frequently if need be so that it can then be put on the website which will be developed by
WLSA Malawi.
To fortify the network the two organisations together with the partner organisations will
undertake three key activities:

Conduct A Desktop Review On Inheritance Laws In East and Southern Africa Region
Through identified researchers in the two countries (Malawi and Kenya), other connection
groups and network organizations, FIDA Kenya and WLSA Malawi will undertake a base
line survey/desktop review analyzing the status and application of inheritance laws in
Malawi, Kenya, Zimbabwe, Zambia, South Africa, Mozambique, Lesotho Swaziland and
Botswana Uganda, Tanzania, Rwanda and Ethiopia. Interviews will also be conducted with
a minimum of three experts per country to map out country specific areas for reform. The
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information collected will be collated and a report produced detailing the application of
inheritance laws.

Contribution to Bi-Annual Legal Inheritance Newsletter
A newsletter with news and developments from advocates working on women’s inheritance
rights will be produced by WLSA-Malawi and FIDA Kenya bi-annually and shared to
institutional partners both in hard copy and electronically. Consequently, FIDA Kenya will
provide content for the East Africa region and this will feed into the newsletter of which the
actual publication and management of distribution and editorial content will be done by
WLSA Malawi. The Newsletter would be made available to strategic media partners at
national level in order to appraise the public on legal developments in other jurisdictions.
Regional comparatives by the media would also help to “name and shame” weak national
efforts in promoting women’s inheritance rights.

Other Roles
Apart from the specified roles of each organization above, there are other roles which both
WLSA Malawi and FIDA Kenya would take up as the need emerges. These extra roles could
include organizing East African or the Southern African group to develop amicus briefs to
support litigation, shadow reporting, advocacy within African Union/UN mechanisms etc.
WLSA Malawi
WLSA Malawi will implement the following aspects of the joint project:

Lead on the development and coordination of the website and virtual library.

Lead on the development, design, printing and distribution of the Newsletter.

Serve as the point person with the GBV Prevention Network on inheritance.
FIDA Kenya
FIDA Kenya will implement the following aspects of the joint project:
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
To convene the Sub-Regional Experts Meeting on inheritance and HIV/AIDS in Eastern
and Southern Africa.

To provide Eastern Africa content and connection to organizations/groups.

To provide leadership in convening the regional experts meeting to be held in Nairobi.

To feed Eastern African content into the Newsletter.

To forward all materials/information from Eastern Africa to WLSA Malawi to who will
then put the same on the Network's website.
5.3.2 Plenary Input
Participants questioned the reason for excluding Namibia and Burundi from the list of invitees.
It was explained that budgetary constraints dictated the extent to which a wide representation
at the conference could be managed. However the countries not represented at the conference
can still be included as the project rolls out.
Another concern was whether the membership would be at a fee. The general consensus was
that it may not be wise to charge a fee as this locks out many people who would be interested
but may feel constrained to meet the membership fee.
Another concern was whether the network would purposely go out to seek male membership.
It was determined that as discussions progress in the course of the conference and details
around the content and operation of the network crystallizes the issue would be addressed.
However it was noted that male participation must only be encouraged where it will enhance
the women agenda.
5.4 COUNTRY PRESENTATIONS
Each country represented at the conference was invited to make a presentation on the status of
women’s property rights particularly in inheritance in their country. They were also to outline
ongoing strategies around the issue.
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5.4.1. South Africa
During the era before the constitutional dispensation, 2 legally recognized laws on inheritance
existed, the Inheritance Act, and the Customary Law of Succession. The Succession Act is no
different from that in other countries. Depending on the rights a person held to the property
(that is whether they held the property in common or jointly) the property will then devolve as
per the provisions of the law. Under the Inheritance Act, the first call is to the surviving partner
where a married couple is concerned and failing their presence to the parents.
Before the constitutional dispensation, customary laws were neither recognized nor applied and
in 1988 customary families/marriages were not recognized or considered legal unions.
Therefore if the man, who was already married under customary law, conducted a civil law
marriage, that later marriage would supersede the earlier union.
In 1988 a law was passed that stated that the property amassed before the marriage will remain
within that marriage and the second marriage must amass its own property. Section 9 of the
Constitution which outlines the equality clause prevents any form of discrimination. It has not
claw back clause and does not even allow discrimination on the basis of customs.
The
Succession Act now recognizes polygamous unions.
The history of governance in the country which allowed for self governance had allowed a
system where in some of these states people were allowed to marry under civil law even if they
were already married under customary law, while this was not the case in others. The
inheritance rights of a woman are dependent on how she is conceived to have conducted her
marriage. In the case of Mutembu vs Litshela; a woman had been living with a man under the
belief that they were married. However under customary law, during marriage discussions
both parties must be represented by male relatives. In the instant, the girl’s mother was a single,
independent woman who decided to represent her daughter at the marriage negotiations. The
parties argued that there was no marriage as customs were not adhered to. The court held that
it was discrimination to allow only men to represent parties at marriage negotiations.
Women were customarily not allowed to inherit marital property. On the basis of the principle
of equality it was argued that women should be allowed to inherit as they work towards the
purchase of the property. A 2005 court decision decided that a child borne out a legal marriage
could not inherit from property held by the father.
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In April 2009, a Customary Succession Act was passed which brings customary marriages into
the mainstream of inheritance law. This Act has brought into play property rights of women
who were not previously provided for; women who are married by other women purposely to
bear children to propagate the family name, and women in polygamous unions.
5.4.2 Mozambique
Mozambique is currently undertaking a general law reform as most of the existing laws are
very old. There is a new Constitution and a new Family Law Act. The Family Law Act does not
recognize customary marriages yet many couples find themselves in such unions. This affects
their ability to exercise inheritance rights under the law. Under the Inheritance law women can
get 1/8 of the property while the rest goes to their spouse’s family (parents, children, sister,
uncles etc). Under the proposed Family law review, when a couple has cohabited for more than
5 years then the wife is entitled to 1/8 of the property. Under the Inheritance law, a woman’s
right to inheritance is not automatic-the express need for a woman to inherit must be stated. No
one is willing to say that there is need for a widow to inherit. The current Inheritance law places
women in the fourth order of preferred heirs. First are the children, then the father, then the
brothers and in the fourth place is the spouse. There is also no law to protect against domestic
violence against women. The current strategy is to push for the passing of this law, following
which advocacy will aim at having the Inheritance Law reviewed.
5.4.3 Zimbabwe
In 1985 Zimbabwe had a population of about 8 million, currently the population stands at about
12 million. The majority of the population comprises women and children. Zimbabwe’s legal
system is characterized by pluralism which entails the co-existence of customary and general
law. Zimbabwe’s sources of law are statutes, customary laws, precedents and Roman Dutch
Law often referred to as general law. The application of general or customary law depends on
the particular circumstances of the case. Customary law is unwritten and its interpretation
depends on a particular tribe. This offers a risky situation in that it can be interpreted to suit a
particular circumstance to the detriment of women. Most customary practices and norms are
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premised on the presumption that women are perpetual minors and as such women have been
disadvantaged on many respects.
There are a number of laws in Zimbabwe that affecting property and inheritance rights. The
most pertinent ones are the Constitution of Zimbabwe, the Matrimonial Causes Act, the
Administration of Estates Amendment Act and the Deceased Estates Succession Act. The
Communal Lands Act which became law in 1982, excludes women from allocation of land in
their own right by the requirement that such land is to be allocated to families that have
customarily lived in that area according to the customary law obtaining to the land. When a
woman is divorced, under the Act, she is no longer a spouse for the purposes of the act and
must return to her people. The Administration of Estates Amendment Act of 1997 is silent on
communal land, although it protects women’s property rights. Unless a woman is inherited by
her late husband’s brother or uncle (levirate marriage) she may be evicted from communal land.
The Constitutional Amendment Act No. 17 of 2005- provides that ‘in implementing
any
programme of land reform the government shall treat men and women on an equal basis with
respect to the allocation or distribution of land or any right or interest therein under that
programme.’
The Matrimonial Causes Act- in Zimbabwe the type of marriage one enters determines property
rights at death and divorce. If a woman is married in terms of the Marriage Act or the
Customary Marriage Act, upon divorce the Matrimonial Causes Act determined the proprietary
consequences. The Act aims to as far as reasonably practicable and having regard to their
conduct, to place spouses in a position that they would have been had a normal marriage
relationship continued between the parties.
The Deceased Estates Succession Act; - applies to persons who die without a will. The primary
beneficiary is the surviving spouse and the children. The surviving spouse is entitled to the
house, household goods and contents and the remainder of the property is shared with the
children.
The Administration of Estates Amendment Act; - applies to estate governed by customary law who
have died without leaving behind a will. The major beneficiaries are the surviving spouses and
children. The Act recognizes spouses (polygamy). In terms of this law, a heir now only inherits
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the deceased’s name and traditional items such as the walking stick, previously a heir was
inherited all property including immoveable property.
In 2003 Kofi Annan set up a Task Force to look into the issue of women, girls and HIV & AIDS
in southern Africa. The Task Force recommended a joint effort of UN, Government and civil
society organizations to take action on gender and HIV & AIDS. The National Plan of Action
aims to elevate women’s rights and to bring women’s fights against HIV and AIDS to the
forefront of public debate discussion and action.
5.4.4 Malawi
In Malawi the Constitution is the legal document that has enshrined human rights. It is also the
umbrella document through which the executive, legislative and judicial organs of the state at
all levels of government and all the peoples of Malawi derive their authority. The constitution
embraces women’s rights and gender equality in articles 13, 20, and 24.
The Convention on the Elimination of all Forms of Discrimination against women is part and
parcel of the Laws of Malawi. It embraces rights pertaining to women and puts obligations on
Member States to put in place measures to ensure that women’s rights are effectively promoted,
respected and fulfilled.
Although the Constitution of Malawi embraces rights as outlined in its Bill of Rights, on the
other hand it takes away rights for women and in particular married women by virtue of their
status as such. Among the rights that the Constitution takes away from married women is the
right to property within marriage. Therefore the Constitution by its nature legitimatises the
construction of other subsidiary law in particular the Marriage Act and the Wills and
Inheritance Act and customary law. By so doing therefore the laws in Malawi in partnership
with the Constitution are retrogressive as they violate of women’s rights in general and
property rights specifically. This in reality denies married women of their right to effectively
own, manage, enjoy and dispose their property and also makes entrance into marriage for the
Malawian woman a degradation of status as an individual. The position of women among the
poor and the denial of their property rights merely spirals them down into more poverty or
maintains them in a poor state.
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The analysis: Property rights are understood as the right to own, acquire (through purchase, or
gift or inheritance) manage, administer, enjoy and dispose of property including land and
Housing. Property itself is understood as being concerned with the ownership of objects. That
it can be bought or sold and among other things it has an inherent right to exclude others. The
right to exclude others has two principle applications; that it may operate against third parties
who have no shadow of a right over the property or alternatively, it may operate against third
parties who do have a claim to the property, but one, which is inferior to the owners. Section 28
of the Constitution, states that every person has the right to own property either in their own
right or if they want to, in association with others. However once a woman enters the arena of
marriage the constitution changes the meaning of this right for women.
Section 24 of the Constitution primarily recognises women’s rights as follows: That, women
have a right to acquire and maintain rights in property, independently or in association with
others, regardless of their marital status. Problems begin where the constitution then further
adds that on the dissolution of marriage, women are entitled to a fair disposition of property
held jointly with a husband and to a fair maintenance. The problem which arises relates to the
nature and form property takes once a woman has entered into a matrimonial union. In essence
all marriage institutions currently recognized in Malawi presume that objects of property are
separately owned. Unless otherwise specifically stated. The Constitution does not recognize that
women’s contribution through e.g. reproductive labour can amount to contribution to the
acquisition of property. In Malawi, women’s status as owners of property remains
comparatively poorer than that of men because of inequitable construction of gender roles. Due
to the socio-cultural construction of gender in Malawi, women tend to earn less and in marital
situation do not usually buy property of value. It is usually their husbands who do so. This is
due to men’s socio-economic position, they have more economic prowess, and are therefore
able to acquire properties of value. Notable is also the fact that women commonly take over
household financial responsibilities that do not draw huge resources, i.e. buying food, paying
utility bills etc- leaving the acquisition of tangible property of high value to men.
In divorce cases the High Court of the Republic of Malawi have taken this interpretation with
regards to property distribution upon divorce. The presumption by the courts is that “an
inference of joint ownership of property is not to be made from a mere fact of marriage.”
18
(Nyangulu vs Nyangulu 10 Malawi Law Reports 435 per Villiera J). The Marriage Act itself is
virtually silent on rights and obligations in marriage with respect to property rights.
Customary Position: Matrilineality and Patrilineality as social construct. In a study by Ngwira
(2003) one of the main findings of the study was that there are gaps and lags in the institutions
for assigning women property and inheritance rights, and that these together with the subtle
but resilient perceptions about property ownership and inheritance raise a hideous specter of
gender inequality in matters of property ownership and inheritance. In both matrilineal and
patrilineal systems of marriage women have few or no independent rights to property due to
the mixture of traditional customs and market economics.
Property Rights In Inheritance and Succession: Civil and customary inheritance and succession
matters are dealt with under the Wills and Inheritance Act. This Act is important as it
determines property distribution in intestate and in testate succession matters. The majority of
Malawians die intestate. The Act exhaustively makes provision for the distribution of property
that belongs to a male person who has died without leaving a will, but is survived by a wife,
issue or dependant. It provides that if the deceased man’s marriage was arranged in the
patrilineal system, half of his estate must be distributed amongst his wife, children and
dependants. His heirs at customary law will acquire the remaining half share. If the marriage of
the deceased man was arranged in the matrilineal system, his wife, children and dependants
must acquire two-fifths share of the estate. Heirs, in accordance with customary law, are
entitled to the remaining three-fifths share. A widow is relegated to a dependent by definition,
which is degrading as it has connotations that women are dependents in a matrimonial
household as opposed to people capable of acquiring, disposing and sharing property. The Act
appears to encourage the prevailing assumption that once a husband dies, all matrimonial
property transforms into his estate. Further, it does not specifically define how the property of
the remaining spouse will be ascertained, or protected. Further to the above, the law gives the
widow all the household belongings used by her during the lifetime of the deceased which in
itself assumes that the wife did not own the property. According to the law, the widow holds
her share of the deceased husband’s estate on condition that if she remarries, any subsisting
property shall become divisible among her children by the deceased in accordance with Section
17.
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The degradation and devaluation of the widow is so vivid in these circumstances. She is
stopped from remarrying, as doing so would render her poor. The law as a construct is a
dispossessing tool. Further the law and the general conditions prevailing in Malawi in which
women’s subordination is a normative order has created a fertile ground for dispossession of
widows not only to be legitimatized in the law but become part and parcel of the practice of the
general populace.
Way Forward: Whither Property Rights For Women?
Review of the Constitution: The Constitution is challenged to be progressive and make property
rights between parties to a marriage move from the realm of the exclusive to that of being
inclusive.
Reviewing Wills and Inheritance and Marriage Laws: The laws of intestacy under the wills and
inheritance Act do not conform to the current democratic and moral theory. The creation or
amendment of laws as a capital investment is a start of a journey to lift the poor in this case
women out of poverty and disempowerment. Agreeably the law is not a panacea but creates a
platform for the realisation of rights and in this case the property rights which is essential as one
way of emancipating women out of poverty
Education and public sensitisation should be part of a holistic programme on legal reform. There
should be an engagement of policy makers, community based organisations, nongovernmental
organisations, justice delivery structures, community development workers, social development
workers and village development committee who should engage in public education on
citizenship and rights based approach to development.
The Role of Other Actors and Stakeholders: There is need for members of the civil society to
strategically engage themselves in policy analysis so that they can engage policy makers as a
critical mass. Both government and civil society should work with poor people directly and
help them understand their rights.
A success story in the value of creating awareness is the ‘Rights Based Approach to Literacy’
training developed by WLSA Malawi. Since 2004, WLSA Malawi has been working in the
Mangochi district in Southern Malawi with women teaching them on their rights but using
literacy as intervention point. In one instance in one village there is a large mission hospital
20
where the clinical officer had a habit of seeing his relatives and friends first despite the fact that
some people may have arrived much earlier. This had been happening for years. After learning
about their rights; the REFLECT group as the women learners are called, decided to have a
meeting with the hospital superintendent to complain about this behaviour and that this was
infringing on their right. The hospital has since complied. It’s a small case study, but shows how
citizens can facilitate the promotion of their own rights once serious efforts have been
undertaken to help them understand them.
WLSA Malawi is in the process of coming up with a case seeking an interpretation of the
provision of the Constitution as highlighted above. The case would focus on property acquired
by either spouse during marriage. This would include land, houses, household furniture, crops,
etc. The argument in this case is that any such items bought by either spouse should be deemed
to belong to both spouses by virtue of marriage. Therefore, “joint property” as provided in the
Constitution should be interpreted to mean all property acquired by either spouse regardless of
whether the couple expressly intended to own it as joint property. The intention is to pursue
this case before the High Court sitting as a Constitutional Court. A decision of this Court would
have a cascading effect for all marriage regimes and couples wishing to divorce will be directed
by the precedent-setting decision of this Court. The interpretation of joint property being sought
is critical to inheritance when a man dies intestate. This is because the major reasoning behind
the dispossession of widows is that: Marriage in customary terms does not create a relationship
of consanguinity, meaning both spouses are still viewed as belonging to their families of birth.
In terms of property, this means property owned by either of the spouses during the course of
their marriage belongs to that specific individual and his or her family of birth.
Because the current interpretation of jointly held property is that objects of property in marriage
are owned separately, when a man dies intestate, his relatives inherit assets which belong to the
man, and in the process dispossess his widow. An interpretation of jointly held property that
includes all property acquired during marriage will mean that a woman will be legally
protected from dispossession as it will be understood that property acquired during the
marriage belongs equally to her, regardless of who acquired it.
21
5.4.5. Uganda
The law allows a spouse a right to 15% of the total property. All children have right to inherit.
Property rights recognized under the 2009 Mortgage Law decreased land to which property
rights accrue. Cohabitation is the norm in most unions therefore a majority of women are not
legally married as their cohabitation may not be recognized as a marriage. Land owned
communally poses a problem as the women and children are not considered property owners.
There is a move to undertake a human rights audit of culture to ascertain the property rights of
women. There is also a move to educate women lawyers so that they may be assigned to public
offices where they will push for systems that enhance the ability of women to exercise and enjoy
their rights.
5.4.6. Rwanda
Women’s property rights cannot be discussed without pointing out that women are dependent
on agriculture and the country has a high dependency ratio creating high pressure on land.
Land is therefore a key issue. The genocide also created a number of female headed households.
The Aids scourge has increased the number further. In addition there have been massive
population shifts due to past events and all these have greatly affected land distribution.
The government used this opportunity to bring about change. Legal reforms have taken place.
The 1999 Succession Law for instance recognizes rights of both women and men to inheritance;
the distribution ratio under the Act is 50-50. Application of this law is however meeting hiccups.
The customary way of doing things is no longer recognized as the structures are not in place.
But customs continue to play a role at the family level. The Inheritance law does not recognize
cohabitation. The law also does not recognize polygamy. Children borne of polygamous unions
are protected while the women are not protected. The rationale for this is that women must take
responsibility their actions or decisions such as that to get into a polygamous union. Land is an
issue and although the law recognizes equal rights of women and men, the Regulations to
facilitate the working of the law as well as the necessary By Laws are yet to be passed.
Previously all land was government land, now there is a proposed amendment to the laws on
land to allow 99 year lease registration which will require presence and signatures of both
spouses. If the wife is not there she must give her authorization in writing allowing her spouse
22
to register ownership alone. This is being implemented through a pilot program. The lack of
awareness and the fact that culturally Rwanda is a largely patrilineal society means that
decisions are still mainly in favor of men.
5.4.7. Kenya
Land has been an issue of major concern and the feeling that land was not redistributed well
after the end of colonization fuels the animosity that exists when it comes to issues of land. In
fact it is still such an issue as was evident in the post election violence in early 2008. Women,
who hold a secondary position in society, suffer double discrimination when it comes to land
issues. They are considered not to have a role or say in land issue. The legal framework with
regard to land law is complicated as there are over 75 pieces of legislation governing land
issues. To have a clear understanding of which law governs the land women own remains a
challenge for the ordinary women. The fact that the Constitutions allows for discrimination in
matters of personal law adds to this confusing position. The constitutional review process has
been ongoing for well over a decade, therefore there has yet not been an opportunity to amend
the provisions under it to exclude discrimination against women. Property rights within
marriage a guided by a very old law, the Married Women Property Act of 1882 which is an
English Act. When it comes to women’s right to inherit property the courts have only added to
the confusion as it keeps passing conflicting judgments every other day.
5.4.8. Tanzania
Property rights are governed under a number of laws. The Land Act and the Village Act reflect
progressive steps by the government towards enshrining equality of women and men in
occupation and use of land. The fundamental principle in the National Land Policy of
facilitating an equitable distribution of and access to land for all citizens reflects in these laws.
The responsibility of obtaining consent of spouses before mortgaging a home has shifted to the
mortgagee. Under the Village Land Act, 1999, a customary right of occupancy is in equal status
to a granted right of occupancy, including intestate succession between persons residing in or
occupying and using the land. Any customary law which denies a woman the right to
ownership, occupation and use of land for the sole reason that she is a woman shall be null and
23
void and inoperative. The negative economic consequences of property rights violation are
magnified for women who are HIV positive or whose husbands have died of AIDS. They also
place HIV negative women at risk of infection by reducing their ability to protect themselves
from violence, unsafe sex and HIV infection. Property grabbing from widows and orphans is a
common phenomenon.
Property law in marriage is covered under the Law of the Marriage Act, 1971. The Act allows a
system of separate properties of the spouses. Under the law a married woman has the same
rights as a man to acquire, hold and dispose of the property irrespective of whether it is
moveable or immoveable. The Court of Appeal in ‘Bi. Hawa Mohamed vs Ally Sefu’, recognizes
housewifery services as joint efforts in acquisition of property. However the court did not give
direction as to how the matrimonial property should be divided. Section 114 (2) (a) of the Law
of Marriage Act requires the courts to have regard to the custom of the community to which the
parties belong while ordering division of matrimonial property.
The laws governing succession in Tanzania are diverse. There are 4 competing legal systems;
The Statute Law, Customary Law, Islamic Law and Hindu Law. Statute law applies the
principle of equality. The presumption is that all non-Moslem members of the African
community must apply customary rules of inheritance.
5.4.9. Ethiopia
Legal Reforms have taken place which guarantee women’s property and inheritance rights.
-The FDRE Constitution: Art. 25, 34 &35
-The Civil Code of the country
-The Family Codes of Different states in the country
-Rural Land Administration and Use Legislations of Different States
Despite the legal reforms the implementation generally has been slow and sometimes
ineffective. By contrast the customary rules and traditional norms override the statutory laws.
24
The executive bodies who implement the laws do not accept & internalize the laws which
guarantee women’s inheritance and property rights. Instead they:

Discriminate against women by allocating infertile and smaller size land

Exclude women from involving in land distribution and administration affairs
The of lack of awareness among women about their right over property, of socio-cultural
factors, of negative attitude towards women, and the low level of education and heavy work
load on women all contribute to facilitate for women not to claim their right during marriage,
divorce and succession, for common property to remain at the hand of men and be
administered, transferred and used by them alone as of right and for women not to actively
participate on social phenomena that affect their property right like land distribution,
certification, and registration.
HIV/AIDS in Ethiopia: HIV/AIDS is among the killer diseases in Ethiopia and offers
encumbrance to its development. It has spread far beyond the original subpopulations with
high risk, which are now highly infected. There is a widely held consensus that the prevalence
rate and the number of women victims are much higher than men, while the projected future
prevalence rates are quite alarming. A report by the U.S National Intelligence Council projects
that Ethiopia will have 7-10 million HIV/AIDS cases by 2010.
The impact of deprivation of women’s property right on prevalence of HIV/AIDS:
The lack of
enjoyment by women of their inheritance and property right exposes them to HIV/AIDS at
each stage:During marriage
-Since they are economically dependent on their husbands, they cannot object to risky sexual
activities of their husbands.
-They cannot even obstruct their husband from marrying other wives. Instead they bear with
it as they fear not to be divorced.
25
During divorce,
-since they don’t get their share from their common property, especially among the Muslim
communities, the women enter into risky sexual activities for their survival. It is increasingly
common for men in certain parts of Ethiopia to marry women from very far areas so as to kick
her out without getting her share during divorce.
During widowhood
-Wife inheritance: women in certain areas of Ethiopia are made to marry the brother of their
deceased husband and when they refuse they are made to leave bare handed since the property
is presumed to be the property of the husband only.
Conclusion: Generally, as mentioned above women’s right to property is not fully guaranteed in
Ethiopia. This forces women to keep silent against unsafe sex by their partners and engage in
unsafe sexual activities which ultimately expose them to HIV/AIDS. Once these women are
contracted HIV &AIDS, the situation worsens since they do not have shelter or sources of
income to enable them treat the epidemic and follow up the proper medication. They fall in a
great destitution.
Recommendations

To advocate for the revision of laws so that the remaining discriminatory articles will be rid
of
Extensive movements have to be made regarding the implementation of laws that respect the
rights of women in general and their property rights in particular. Much has to be done in
removing attitudinal biases across the legal and the judicial system through training of the
officers to identify and correct gender biases within the judicial system.

Making registration of marriage compulsory in all regions so as to ensure women’s right to
matrimonial property and their right to maintenance allowance to their children

Sustained advocacy towards the elimination of certain cultural practices such as wife
inheritance that put women at a high risk of contracting or spreading of HIV/AIDS.

Enhancing the awareness of women regarding their legally guaranteed property rights
26
5.5.
Plenary Discussion
Participants recognized that there were a lot of similarities in the situation of women’s property
rights within the region. The need to network and strategize to address these violations subsists.
All countries must see a relevance to the network. Therefore it will be useful to discuss the
common themes and thrash out any issues arising so that by the close of the conference all feel
part of the process.
The whole point of the network is to improve the property and inheritance rights of women. In
terms of advocacy (which here is mainly understood as changing things), what emerges is the
need to work with existing laws and in some instances amend them. There is need to have
colleagues interested in the network so that they may enrich the process. Use of the law as an
advocacy tool thus remains crucial.
The target group comprises those organizations that will use the resource. The network
activities should also have a cascading effect in the long and medium term.
It is important to capture the need to address application of the resource and information and
exhaust other means of handling the issues. Processes that would lead to the new laws should
therefore not be left out.
The 99 year lease in Rwanda as far as land laws are concerned is a recent legislation and now
spouses are encouraged to co-register. There has been abuse of this provision in law in Uganda
and South Africa which have similar law and perhaps the way forward is to reform the
application/implementation mode rather than the law itself. Registration if done at the local
level makes it more difficult to engage fraud; such as registering with another woman and
claiming she is the wife.
Women to women marriages particularly in Limpopo state in South Africa was of concern
when it came to inheritance. In 1998 the reform of customary marriages act provided
opportunity to change the law. However in case law South Africa is still grappling with the
extend of this law as people wonder if it applies to same sex marriages in case of gay marriages.
27
5.6.
GROUP WORK
Participants broke up into two groups to discuss common themes that emerged from the
country presentations that would guide the nature of network to be established.
5.6.1.
Group Presentations
Group One
This group identified the following issues:

Need for guiding principles on how the network will operate.

It is important to constantly link back to HIV & AIDS.

The network could aim to share information and also allow for engagement in other
activities.

Membership must be clearly defined. It should be open. Anyone dealing with women and
property rights should be able to join.

There was discussion as to whether countries should have a limit on the number of
organizations that they can bring into the network. It was agreed that there must be no limit
as the forum should remain open for more sharing.

Long term goals need to be developed so as to know where it is heading. Should the
interaction be formal? Is it preferable that each party retains their own autonomy? Each
organization should sign a MoU on the extent of their commitment to the network so that
no one party is burdened.

It is important to note that the network provides an online tool so all members must have
access to internet.

The loading of data will require facilitation.

Language barriers must be addressed.
Group Two
The group proposed that the objective of network be to improve property and inheritance rights
of women and to share information, tactics and strategies.
28
The target audience should be government, policy makers, lawyers, judges, media and
organizations dealing with women’s property rights and issues of HIV & AIDS.
The network must aim to address the issue a broad approach to dealing with the issue. Thus
there is need to gather information on what is happening in various countries, bills, judgments,
strategies etc and share this among the membership.
The group recognized that access to case law may prove to be a challenge.
5.7.
Common Issues
Emerging common issues were discussed and agreed upon as follows:
o
Objective:
to improve property and inheritance rights of women in the eastern and
southern region of Africa through sharing of information, tactics and strategies.
o
Membership- should the membership be open? Majority felt that yes it should be. However
the focal points must limit expectations as some members will be active while others may
not be. Interested parties must approach the focal organization in their country. The focal
point will determine if membership should be allowed. The work and strategic plans of the
organization must indicate an interest and concern with the network themes. Wide
membership is encouraged as the more membership one has the more information they are
likely to gather. To encourage interest, the website will offer a link to information on the
partner/membership organizations.
o
Target audience- this has been adopted from the group work.
o
Guiding principles- the network engages partnership on equal basis, organizations must
not lose their autonomy. A degree of collective responsibility is encouraged.
o
Formalities- it is advisable to have MoUs with the different organizations. This is necessary
as it gets people to do what they are supposed to do. It is also important to have a rider that
states that if a focal point does not act then they are changed and a substitute appointed.
Commitment letters should be signed with regional partners.
o
Documentation to be contained in the website include- statutory law, case law, women’s
stories, strategies
o
Language- there is need to consider translations into key languages.
29
o
Facilitation- the concept set aside 900 $ per country for copying and printing work,
honorarium for the focal point at 500 $ and 300 $ for communication. These sums are
provided as a lump sum for the year.
o
Life span of the network- the network and particularly the website will run for an initial one
year but the hope is that it will live beyond that.
o
Other activities- it is envisaged that members will build up on the information sharing and
as such the focal points should have some budget to follow up on such initiatives.
It is envisaged that the focal point organizations should not have a problem executing their
commitments under the MoU as networking is key to most organizations and the information
will be available within the organization and can easily be accessed.
30
6. DAY TWO
Mary Frances welcomed participants to the second day of the conference and then invited
Likhapha from South Africa to start of the formal sessions with a word of prayer.
6.1. Recap
Yvonne from Zimbabwe then led participants through a recap of the proceedings of day one.
Participants were able to recall the challenges that different countries had reported experiencing
in trying to protect the property rights of women. Strategies that are being applied by diverse
partners were also recalled.
Participants also reminded themselves of the key issues that were discussed around the nature
and form that the network would take.
6.2. Draft zero zero of the MoU
Seodi White then took participants through the zero zero draft of the proposed MoU that will
be signed with partners. The draft was merely a working document to allow for further
discussions on what the proposes MoU should contain. The proposed draft document provided
as follows:
31
MEMORANDUM OF UNDERSTANDING BETWEEN WLSA MALAWI AND WLSA
ZIMBABWE
or
MEMORANDUM OF UNDERSTANDING BETWEEN FIDA KENYA AND TANZANIAN
WOMEN LAWYERS ASSOCIATION
This is a memorandum of understanding between WLSA Malawi and WLSA Zimbabwe.
This memorandum of understanding serves to create obligations by either party concerning the
implementation of the project the Eastern and Southern Africa Inheritance Legal Network now
called The Legal Network for Women’s Property and Inheritance Rights”
The overall objective of the network is
Specific objectives of the network are:

To provide an interactive forum for exchange of legal and grounded information on
women’s rights inheritance and property rights and HIV/AIDS among legal
practitioners, advocates and activists in eastern and Southern Africa and beyond.

To create a vibrant network where lawyers in East and Southern Africa positively
influence each other to make a concrete contribution towards mitigating the impact of
HIV/AIDS on women in general and widows in particular.

Improve the legal rights in inheritance of ordinary women in East and Southern Africa.

To create an information base for scholars, activists and policy makers on women’s
rights, Inheritance and property rights and HIV/AIDS East and Southern Africa.

To improve collaboration among women’s legal advocates in East and Southern Africa.
In this regard WLSA Malawi undertakes to facilitate

At least four online meetings and teleconferences to share and exchange ideas on
information available

Send email alerts on new information available on the Inheritance Legal network
website called:……

Posting information sent by WLSA Zimbabwe on the ILN onto the website
32

Facilitating at least 2 cyber dialogues with judges in Malawi, Zimbabwe as well as the
other southern African countries.

………………………………….
WLSA Zimbabwe undertakes to:

Identify other NGOs, Lawyers, advocates and activists who will become members of the
ILN in Zimbabwe

Sending information of the network member to the WLSA Malawi so that this will be
uploaded on the website.
o
In this regard, WLSA Zimbabwe undertakes to send full physical and postal
addresses, emails, web addresses where those are available.

Using its contacts in Zimbabwe WLSA Zimbabwe will source critical information on
women’s inheritance and property rights in Zimbabwe (and beyond?) such as grounded
research, policy based research, Case law, ……………….
Contribute to Bi-Annual Legal Inheritance newsletter about news and developments on
women’s inheritance rights in Zimbabwe and beyond.
6.2.1. Plenary Discussion
The following issues were raised:
There is need to widen the nature of information set out under the MoU to include (under
specific objectives of the network) to include inheritance rights and HIV & AIDS.

It was felt that there is need to add to the key contributors to the network to be
expanded to include other players other than legal practitioners under the specific
objectives.
33

It was noted however that it is important to caution ourselves to the fact that when the
scope is too wide it becomes difficult to cater for all the diverse interests. There may
therefore be need to retain the exclusivity (in mainly addressing the legal group) that
was conceptualized. Lawyers are trained on how to research law; therefore what they
need more is social and grounded information.

The main or first objective should indicate that it is a network. It is important to
consistently state the rights categorically, as women’s rights, property rights, inheritance
rights and HIV & AIDS.

It was agreed that there will be need to agree on the name of the website that will be all
encompassing.

It was felt that the dialogue with judges can prove tricky to coordinate however it is
feasible particularly if it is first piloted per sub region. The idea is good however there is
need to engage the judges first.

It was suggested that the member organizations must send their physical addresses as
well as other communication addresses.

It was noted that the sourcing of contacts should be national there is no need to limit it
to the city, capital or towns. At present the activities are not expected to exceed the
newsletter.

It was further noted that there is no need to provide the number of times members are
expected to forward information as this may limit a member who has a lot of
information to share and may put pressure on the one who has not got too much
information to share.
6.3. Group Work
Grace Kimani then divided participants into two groups. Each group was comprised of
representative of the countries from the two sub regions represented in the conference. The
groups were to list gaps that have been identified, from the discussion at the conference, in
34
protecting the property and inheritance rights of women. They were also to identify strategies
to address these gaps.
The following gaps were identified:
6.3.1. Group One
6.3.1. a. Gaps

There are discriminatory inheritance laws in some countries, while in others the laws
guarantee equal rights of women but the customary practice overrides this.

There is also lack of awareness on the provisions of the law. In addition access to justice
remains elusive for most women.

Most women are disposed when their husbands die. Women’s contribution to
matrimonial property is not considered particularly the non monetary kind.
6.3.1. b. Strategies

Where there is discrimination against women’s inheritance/property rights there should
be legislative reform.

Awareness creation must be sustained especially among women so that they can learn
about the law particularly provisions that offer them protection so that they can apply
them.

There is need to build capacity of law enforcement agencies so that they know the law
and apply it to protect the rights of women.

Attitude change is key for these players then women will be able to take their
complaints before them and this will improve the situation of women.

There is need to use the media to pass information on the rights of women. They have a
wide outreach and influence thought.
35

Women should also get positions in decision making so that they can bring the woman’s
perspective to how decisions are made.

Move for amendment to laws on registration of titles over land to include the wife’s
name in the title document. There is need to encourage all people to write wills.
6.3.2. Group Two
6.3.2. a. Gaps
The group identified the plurality of laws around property and inheritance as a bar to women’s
realization of their right to property.
Members also noted that a number of constitutions allowed for discrimination against women,
there are some that protect against discrimination.
In addition the laws sometimes are in contradiction of the Constitution.
6.3.2. b. Strategies

There is therefore need to gather and share information on strategies on adoption of
uniform legal system.

Members should study the constitutionality of the laws addressing property and
inheritance in their country and then advocate for strategic litigation within the
countries to challenge these laws. Awareness around laws remains key, as people will
only be able to apply the law if they are aware of it.

In addition it can contribute towards change in attitude among law enforcement
agencies and thus increase women’s access to justice.
36
6.4. Presentation on GBV Prevention NetworkJean Marie - Uganda: Raising Voices
The history of the GBV Network
 In 2003, Raising Voices conducted an extensive regional field review of groups working on
GBV and GBV prevention.

September 2003 Raising Voices and UN Habitat’s Safer Cities Program hosted a Regional
Dialogue in Kampala.

Leaders from 30 NGOs in 11 countries in the Horn, East and Southern Africa that were
identified from the field review working on GBV prevention participated in the meeting.

Participants highlighted the lack of, yet need for, connection, sharing, learning from and
networking with other like-minded organizations.

As a result, the GBV Prevention Network was born!
Members
 More than 260
 Local and national NGOs, CBOs, international NGOs and agencies, universities, research
centers, strategic partners, individuals

More than 18 countries represented
Their Beliefs
Everyone has the right to live free of violence
 Women and girls are most affected by violence
 Unequal power relations between women and men are the root cause of GBV
37
 In investing our energies to prevent violence
 Promoting equality and justice

Everyone – women and men, girls and boys – is needed to realize our vision
Objectives
 To build solidarity between organizations working on violence

To strengthen capacity of members on critical issues and methodologies

To advocate for increased interest and investment for gender-based violence prevention in
the regions
 To provide membership organizations with relevant information about and access to
resources on violence against women.
Innovation
The network prides itself as being the most comprehensive website on GBV in the region.

A virtual space to highlight members’ innovative work on GBV prevention.

All members and non-members can post their resources on the website
Resources include:

Publications and reports

Communication materials

Research

Evaluations
38
Connecting activists: The network prides itself with helping form lasting and useful
connections between persons, groups and organisations working on GBV.
Activities and Campaigns
Members join together to add a regional voice to various activities and campaigns such as the
annual 16 Days of Activism campaign underway regionally since 2004. Action and Advocacy
Kits created by the Network and provided to members include:
 posters

postcards

ribbons

dialogue guides

drama sketches

newspaper articles & more!
Structure
 A Leadership Committee of five representatives of member organizations is responsible for
the strategic direction and policy decision of the Network.
 Each Thematic Working Group is led or co-led by member organizations. The Group Leaders
are responsible for coordinating activities, fostering growth and building skills of Thematic
Working Group members.

GBV Prevention Network is coordinated by Raising Voices
 Focal NGOs was a structure that was in place to guide activities, organizing
events and contributing to the direction of the Network per country, it is being
reconsidered.
39

Support from HIVOS
Successes
 Mobilization of a large membership base over a wide geographical area
 Regional synergy through successful and ever growing 16 Days of Activism Campaigns
 Providing members with current and relevant information on GBV Prevention in the region
website, e-bulletin and email

Linking activists who have formed partnerships on their own initiative –
organizations and individuals.

Skills building; research, development of communication materials.
 Financial and technical assistance to selected partners – in partnership with
ICRW
 Efforts to politicize GBV prevention through the movement building initiative
Challenges
 Maintaining commitment of members - staff turnover
 Communication over a vast geographical area.
 Internet use in this region where connectivity is not guaranteed or it is not fast.
 Making sure the Network is relevant and useful to such a diverse membership.
 Having meaningful involvement of members in decision making.
 Focal NGO strategy
 Leadership of Thematic Working Groups – capacity, time, funding
40
 Financial expectations – some members want to invest minimally, time and resources but
expect financial provisions
For more information (Contact details)
GBV Prevention Network, Plot 16 Tufnell Drive, Kamwokya, P.O. Box 6770, Kampala, Uganda
www.preventgbvafrica.org. Email: info@preventgbvafrica.org Phone: +256 41 4531186. Fax:
+256 41 4531249
6.5. Plenary Discussion
The national organization and coordination was to be done by focal NGOs. This did not work
out mainly due to financial constraints. People volunteered at the start out of interest. But as
they sought the information to put up in the website they realized the need to be facilitated.
Politics between and within organizations nationally led to failure of the network to build up on
membership. The focal NGOs were expected to disseminate information, some of them failed to
do so. The focals were to assign one staff to network activities but when these staff moved on
the zeal went with them. This indicates the need to have inter-personal meetings to sustain the
zeal. Reading has also not been a culture among the membership, therefore they do not use the
information availed in the site.
Formation of people into thematic working groups was useful in getting members interested
and feeling that the networks remained relevant to their work.
Too many links leads to frustration. Technical aspects and design of the website needs to be
simplified to take into account the technical constraints around availability of internet.
Financial constraints have not allowed use of the website for common research initiatives.
Remaining a source of information sharing and linking activists has contributed to the success
of the network.
41
6.6 Brainstorming session on the proposed Network
Members had various suggestions as to what the objective of the Network should be. Some of
these include:

Strengthen organizations that work on women property rights in the eastern and southern
Africa region.

Good implementation of the law

Mutual advice and problem solving

Documentation and problem solving

Providing an interactive forum for exchange of information on inheritance and property
rights of women including women affected by HIV & AIDS

Offer a source for good implementation of the law

Offer a source of information sharing and awareness creation in the region on property
rights and inheritance in the region.

Offer strategies in addressing the gaps in laws relating to inheritance and property rights.

Facilitate equal access to inheritance and property rights by women.

Improve the legal position of women in property and inheritance rights.

Offer a depository of information on women’s inheritance and property rights.

To facilitate the sharing of information on women’s property and inheritance rights as well
as linkages to HIV & AIDS among legal practioneers, advocates and activists.
6.6. 1 Plenary Discussions
There is a feeling that the networks must contribute to solving problems around the issue and
not just limit itself to information dissemination. There is need not to lose focus of the HIV &
AIDs.
Consensus objective: To advance women’s property and inheritance
rights in the context of HIV & AIDS in Eastern and Southern Africa
through sharing of information, experiences and strategies by legal
practioneers and human rights activists.
42
The MoU will contain this objective, the specific objectives that were thrashed out during the
earlier discussion on the draft MoU and will set out the parties expected to participate in the
network.
This network brings together 16 countries from Eastern and Southern Africa. Each country has a
focal point. These were identified as:i.
Kenya- FIDA Kenya
ii.
Malawi- WLSA Malawi
iii.
Ethiopia- Ethiopia Women Lawyers Association,
iv.
Rwanda, Rwanda Women’s Network
v.
Burundi- Not yet identified
vi.
Namibia- LAC
vii.
Tanzania- TAWLA
viii.
Uganda- FIDA Uganda
ix.
Zimbabwe- WLSA Zimbabwe
x.
Mozambique-WLSA Mozambique
xi.
Swaziland- WLSA Swaziland
xii.
Botswana- BONELA
xiii.
Lesotho- WLSA Lesotho
xiv.
South Africa- Women’s Legal Centre
xv.
Zambia- WLSA Zambia
The coordinating offices (WLSA Malawi and FIDA Kenya) are the two coordinating partners
with responsibility of uploading information from member organizations into the website,
which offers an interactive forum.
6.7. Presentation on the Framework for the proposed Inheritance Network Website
By Brett Davidson and Ndesanjo Macha Website Development Consultants
The main objective of the presentation was to get participants to get an idea of how the website
could work and what is entailed in having a specific type of network through a website.
43
Brett showed participants different websites which aim to offer an interaction resource,
information resource and also aim to be very accessible but controlled in a way that allows
users to feel that they can freely interact without being overly exposed to abuse. Some of the
sites that were visited include:
New York Times website

Centre for Applied Legal studies

NGO pulse

GBV website
Ndesanjo then went on to call particular issues to the attention of the participants:He said that Society is built through the information and resources that we store and share.
Therefore the way in which the information is shared is pertinent. He also said that using the
internet to communicate does not require prior intense education/training. It is all about
interest and practice or use.
Bookmarkers:
Participants were introduced to the tool ‘delicious’. This is a tool that can be used as a library
and reference tool on useful/valuable sites.
Blogging:
A person can create their own blog page. This is a kind of electronic diary/journal about any
issue that the creator wishes to discuss. Blogs help you to be heard and to shape debates about
issues that are of interest to you. Blogs allow for conversation and not just offer information that
you cannot react to.
Highlights of the interesting concepts that participants were introduced to follow:

Wahenga is a site on social protection and global crisis. People write detailed responses
which are then edited to a minimal extent and then posted on the website.
44

Twitter- this is a form of micro blogging. Communication is limited to 140 characters.

Flicker is blogging a source of sharing information through pictures.

Wordpress.com allows people to share stories about things that have happened that need to
be told to the world.

Afrigator, blog Africa.com, all Africa.com- are aggravators; these are sites that collect updated
information from websites. All that is needed is the setting up a code that allows other sites
to bring in information to your site.

Open source community refers to people who offer their technical expertise for free. People
do this often out of interest or passion, for example, free translations of documents.

Internet relay chat can be used to conduct group meetings on line as this offers a much
subsidized way of holding a meeting with many people who cannot easily get together
physically.
6.7.1. Plenary discussion
Participants agreed that this was useful information and would guide the nature of website that
they intend to run. Preferred is one that would be somewhat controlled so that the risk of
getting ‘crazy people’ engaging in discussions were reduced and ‘serious’ members allowed to
engage constructively. This is particularly important as it is intended that judges engage in the
forum.
In addition participants felt that it was useful to allow for discussion forums within the website
so that topics could build up and thoughts and ideas exchanged.
There was a general consensus that the web site must be very use friendly and perhaps using
tools like the send out of information by way of email to those interested would be useful.
Participants were also reminded that they can use creative commons a tool that allows others to
use your content. The extent of use can be at different levels and licenses are issues dictating
this.
45
On the last day participants agreed on what they want in the website as follows:
o
RSS
o
Blogs
o
Useful links
o
FAQs
o
Partners page (on joining and membership)
o
Multi-media audios and video
o
A wiki – to allow the sharing of documents
o
Resource to include documents- cases, women’s voices etc
o
A calendar of events
o
A link to the news letter
o
Focal points profiles and members profiles
o
News
o
Chat conferences
46
7. DAY THREE
The day begun with a word of prayer led by Hilda, where participants sought divine
intervention in the days discussions which would lead to the close of the conference and hope
that we would conclude with concrete actions that will help the target group- women.
7.1. Recap of Day 2
Milly Odongo gave a recap of the proceedings of Day two, taking participants through key
issues under the sessions that they covered in the course of day 2 and key areas in which they
were able to reach consensus.
7.2. Group Work
Seodi then divided participants into two groups and asked them to discuss the content and
form they propose to have the newsletter in.
7.2.1. Group presentations
7.2.1. a. Group 1

The Newsletter to contain a short analysis of the different laws in the various countries

It should include some information contained in the website so that it can cater for those
with no access to internet.

It should provide a summary of leading cases that have been decided.

It should have a calendar of oncoming activities and invitations to such meetings

It should provide an analysis of activities done

It should highlight selected blogs from the website

The front page to have a section on what is contained in the issue

It should contain a clip of interviews conducted in the website

Target audience- activists, lawyers, judges, law students, policy makers, members and
other interested people.
The guiding principle is to excite and tease readers to get into the website.
47
7.2.1. b. Group 2

The content of the newsletter should feature issues within the two regions. That is
eastern and southern Africa.

It should feature articles on women’s inheritance and property rights in the context of
HIV & AIDS.

It should have one long article from each region and short articles from different
countries.

It should apply themes agreed upon. It should have cases, judgments and policies.

It must give equal chance and opportunity to all members.

It should capture events and photos

It should provide contact addresses for the focal points.
7.3. Plenary Session
The newsletter is meant to be a quick source of information, easy to read and providing
interesting updates on what is contained in the website. It was then agreed that the newsletter
contain all items in group 1 and 2 except that it would not have long items which would be
detailed. Articles should be short and analytical.
Name of the Network
Participants proposed names for the network. These include:
 Equal property rights network
 Property for all!
 Inheritance rights network
 Property power!
 Southern and Eastern Africa Women’s Property and Inheritance rights legal network
 Property and inheritance rights network
 Women’s ownership network
 Network of women, HIV & AIDs and property rights in Eastern and Southern Africa
 Eastern and Southern Africa women’s property rights network
 INHENET
48
 Women’s property and inheritance rights network (WPIRN)
 The Eastern and Southern Africa women’s inheritance rights network
 The legal network on inheritance and property rights
 Inheritance now!
 Property and Inheritance Rights in Eastern and Southern Africa (PIRES Africa)
 Women’s property program network
Names specifically proposed for the Newsletter

Women’s property and inheritance rights

The southern and eastern Africa women’s property and inheritance rights legal
newsletter
Narrowing down on a name for the Network
Participants were asked to select the catchy suggestions from the list provided. There is need to
be catchy without losing the meaning and reasoning behind the network.
The three catchy ones narrowed down for discussion were:
o
Women property and inheritance rights legal network
o
Network of women, HIV & AIDS and property rights in eastern and southern Africa
o
The legal network on inheritance and property rights.
Further discussions then narrowed down to the following two choices:
o
The Legal Network for Women’s Property and Inheritance Rights
o
The Women’s Property and Inheritance Rights Legal Network
There was a consensus on adopting the first title as the
network name “The Legal Network for Women’s
Property and Inheritance Rights”
49
The Newsletter name:
Louise proposed a name which was accepted by consensus. The plenary agreed on:
WINWomen’s Inheritance Now!
It was agreed that it is a catchy name befitting the newsletter.
7.4.
Way Forward
There is need to consider signing commitment letters between the partner organizations (i.e.
FIDA Kenya and WLSA Malawi) and the focal organizations.
FIDA Kenya and WLSA need to complete the MoU and send it out to focal points for input and
comments and get it executed. If a focal organization does not communicate for a period of
three calendar months then they will be changed. The change will be done after communication
and consultation with members. Each focal organization is encouraged to source for a minimum
of at least 4 (four) members.
7.5.
Closing of the Conference
To wind up Tamar and Louise expressed their gratitude in being invited to be part of the
process which they felt exceeded expectations. Seodi, Grace and Mary Frances also expressed
their sincere gratitude to all participants for making time to be part of the process and
committing to it.
The conference closed with a word of prayer in thanksgiving. Participants then left to visit the
FIDA Kenya offices.
50
ANNEX 1
Strategy Conference for Inheritance Legal Network for East and Southern Africa
May 25th - 27th, 2009, HillPark Hotel, Nairobi, Kenya
________________________________________________________________________
Day One: Monday 25, 2009
Time
Activity
08:30-9:15am
Opening Session
09:15-09:45am

Arrival and Registration of Participants

Introduction of Participants

Welcome Remarks – FIDA Kenya
About the Network – WLSA Malawi
Country Presentations about the Situation of Inheritance
09:45-10.30am
and Property Rights in Southern Africa
South Africa, Mozambique, Zimbabwe
10:30-11:00am
Coffee/Tea Break
Country Presentations about the Situation of Inheritance
11:00-12.30pm
and Property Rights in Southern Africa
Zambia, Lesotho, Botswana, Swaziland & Malawi
12:30-01:00pm
Discussion
01:00-2:00pm
Lunch Break
51
02:00-03:30pm
Country Presentations about the Situation of Inheritance
and Property Rights in Eastern Africa
Ethiopia, Uganda, Tanzania, Rwanda & Kenya
03:30-04:00pm
Discussion
04:00-04:30pm
Coffee/Tea Break
END OF DAY ONE
Day Two: Tuesday May 26, 2009
Time
Activity
08:30-09:00am
Recap
09:00-10:30am
Strategies to Address the Gaps in Inheritance and Property
Rights
(Group Work)
10:30-11:00am
Coffee/Tea Break
11:00-11:45am
Plenary – Feedback from groups on Strategies to Address
the Gaps in Inheritance and Property Rights
11:45-12:15pm
Presentation on GBV Prevention Network –
Jean Kemitare - Uganda
12:15-01:00pm
Brainstorming Session on Inheritance Legal Network
01:00-2.00pm
Lunch Break
02:00-03:30pm
Presentation on the Framework for Proposed Inheritance
Network Website
- Brent and Daudi (Website Development Consultants)
03:30-04:00pm
Discussion
04:00-04:30pm
Coffee/Tea Break
52
END OF DAY TWO
Day Three: Wednesday May 27, 2009
Time
Activity
08:30-09:00am
Recap
09:00-10:30am
Proposed Inheritance Legal Network Newsletter
- WLSA Malawi
10:30-11:00am
Coffee/Tea Break
11:00-12:00pm
Action Plans
12:00-01:00pm
Presentation of Action Plans
01:00-02:00pm
Lunch Break
02:00-03:30pm
Way Forward and Evaluation
03:30-04:00pm
Closing Session

04:00-04:15pm
Vote of Thanks –FIDA Kenya
Coffee/Tea Break
END OF DAY THREE
53
ANNEX 2
LIST OF PARTICIPANTS
Country
Kenya
Name of Participant
Organization
1. Naomi Wagereka
FIDA Kenya
2 Patricia Nyaundi
FIDA Kenya
patricia@fidakenya.org
3.Grace Kimani
FIDA Kenya
gkimani@fidakenya.org
4.MaryFrances
FIDA Kenya
maryfrances@fidakenya.org
Member
cathymumma@yahoo.com
Rapporteur
odongomilly@yahoo.com
Lukera
5. Catherine
Mumma
6. Milly Odongo
Email
Groots Kenya
7. Brenda, Felix and
Violet
OSI
Uganda
1. Louise
OSI
2. Anne
OSIEA
agathumbi@osiea.org
3. Tamar
OSI
tezer@sorosny.com
1. Jean Kemitare
1. GBV
jean@raisingvoices.org
2. Ann Maria
Nassali
Prevention
Network
mnassali@fidauganda.org
2. FIDA
Uganda
Tanzania
Stuart Hilda
TAWLA
tawla_tawla@yahoo.co.uk
54
Ethiopia
Shume Genet
EWLA
ewla@telecom.net
shume_genet@yahoo.com
Rwanda
Annette Mukiga
Rwanda
annettemukiga@yahoo.com
Women
Network
Malawi
Seodi White
WLSA-
seodi@wlsamalawi.org
Malawi
Mozambique
South Africa
Ana Cristina
WLSA
Monteiro
Mozambique
Likhapha Mbatha
National
eucides6@yahoo.com.br
coord.wlsa@tropical.co.mz
likhapha@nmrwsa.org
Movement of
Rural Women
Zimbabwe
Yvonne Motsi
WLSA
wlsazimbabwe@africaonline.
Zimbabwe
co.zw
55
ANNEX 3
Summary of the Conference Evaluation
The participants were required to evaluate key aspects of the conference. These included:
o
Organization of the conference
o
Content of presentations
o
Venue and facilities
o
Qualities of facilitation
o
Relevance of theme
o
Overall assessment
In addition specific questions were to be responded to:o
What did you like about the conference?
o
What issues would you like covered in future forums?
In conclusion each participant was invited to make any other comment.
A summary of the evaluations indicates the following:Aspect evaluated
Score
Organization of the conference
75% felt it was very good
25% felt it was excellent
Venue and facilities
75% felt it was very good
25% felt it was excellent
Relevance of theme
60 % felt it was excellent
40% felt it was very good
Content of presentations
50% felt it was excellent
56
50% felt it was very good
Qualities of facilitation
65% felt it was excellent
35% felt it was very good
Overall assessment
65% felt it was excellent
35% felt it was very good
Generally most participants appreciated the interaction during the conference and the
opportunity to share experiences in areas of relevant to them. They hoped that in future such
meetings would occur to allow them an opportunity to share interpersonally in supplement of
the networking through the website.
57