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Report of the National Conference: Women's Property Rights ... - FAO

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Act has a number <strong>of</strong> gaps in terms <strong>of</strong> protecting <strong>the</strong> rights <strong>of</strong> widows and orphans. Thereview <strong>of</strong> <strong>the</strong> Act has been challenged to take into account <strong>the</strong> current challenges thatwidows and orphans are facing through;• An introduction <strong>of</strong> a proviso in terms <strong>of</strong> customary land where a surviving spouseshould be deliberately allowed to stay on <strong>the</strong> land allocated to <strong>the</strong> deceased.Lobbying <strong>the</strong> Royal Foundation <strong>of</strong> Zambia under <strong>the</strong> House <strong>of</strong> Chiefs to find away <strong>of</strong> deliberately protecting surviving spouses and children can do this.• Meanwhile when <strong>the</strong> Act is being revised, a clause can be introduced to <strong>the</strong> effectthat <strong>the</strong> surviving spouse shall be a co-administrator. In <strong>the</strong> absence <strong>of</strong> a survivingspouse, where <strong>the</strong>re are minor children, <strong>the</strong> Administrator General shall be <strong>the</strong> coadministrator.Responsibility: ZLDC will facilitate <strong>the</strong> process(ii) Wills and Administration <strong>of</strong> Testate Estates ActThe recommendation is generated by <strong>the</strong> need to write wills that make statements on how<strong>the</strong> deceased’s estate is to be managed and distributed. This will done by• Sensitizing communities and families on <strong>the</strong> benefits and importance <strong>of</strong> writingwills especially for children through lobbying and advocacy by <strong>the</strong> civil society,NGOs and relevant government ministries.Responsibility: ZLDC will provide technical support in terms <strong>of</strong> simplifying writtenmaterials working in collaboration with YWCA as <strong>the</strong> lead agency in advocacy. YWCAwill work closely with organizations that expressed an interest during <strong>the</strong> workshop.9.2 HIV and AIDS and Livelihoods support programmes as an integral part <strong>of</strong>property and inheritance programmePractical solutions were discussed in terms <strong>of</strong> linking property rights to livelihoodprogrammes. A range <strong>of</strong> “best practices” currently taking place and <strong>of</strong>ten run bycommunity based organizations and NGOs in Zambia and in Sou<strong>the</strong>rn and East Africaprovide lessons for replication and scaling up in terms <strong>of</strong> collective response to <strong>the</strong> issue.The recommendations were clearly guided by <strong>the</strong> need to make <strong>the</strong>se “best practices”known, shared, improved and adapted within and between countries. Central to <strong>the</strong>success <strong>of</strong> <strong>the</strong> practices was <strong>the</strong> need for linking <strong>the</strong>m to appropriate legal frameworksand institutional support. The following key recommendations emanated from <strong>the</strong>discussions;• The extension <strong>of</strong> <strong>the</strong> Memory Book project currently taking place in Uganda andZimbabwe to Zambia and o<strong>the</strong>r countries in <strong>the</strong> region.Responsibility: WLSA26

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