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

1.0 Executive SummaryThe context of the plight of widows and orphans is of extreme vulnerability to propertygrabbing, dispossession and destitution on the death of a husband. This situation isexacerbated in the context of HIV and AIDS. The victims often lack the power to seeklegal and social redress to their situation. It is against a background of continuedinjustices faced by women and children that the workshop on Women’s property rightsand livelihoods in the context of HIV and AIDS was convened in Lusaka, Zambia inJanuary 2006.The workshop was a creative blend of different people and experiences from Zambia andin the region 1 . The participation of magistrates and lawyers, members of the police,delegates from NGOs, Community Based Organisations (CBOs), activists and academicsalong with widows and orphans provided an effective mix of people seeking to findsolutions. As such the workshop sought to find practical solutions that are workable andthus make rights a reality. The workshop provided every opportunity for this, includingas it did moving experiences and powerful testimonies from widows, orphans, and from aUgandan woman living positively with HIV and AIDS. It was also evident that muchgood work has been undertaken by Zambian initiatives but these lack coordination andlinkages resulting in duplication and inconsistent efforts on the ground.Key distinctive outputs emanated from the workshop encompassing a press briefingsummarizing the proceedings of the workshop as well as key recommendations withspecific targets and timelines. Concrete steps on the Chilala case were immediately put inplace to seek redress for her. Mrs. Chilala is a Zambian widow, aged 79, who has had 17graves dug next to her home by her brother in law – because she refused to marry himand give up her property on the death of her husband in 1990.According to Senior Chieftainess Nkomesha, “the Zambian Intestate Act has outlived itsusefulness”. The Act has a number of gaps in terms of protecting the rights of widowsand orphans. Specific recommendations regarding the amendment of the Act will bepursued by the Zambia Law Development Commission (ZLDC) incorporating the currentchallenges that widows and orphans are facing. Practical solutions have been sought interms of linking property rights to livelihoods programmes. A range of “best practices”,spearheaded by community-based organizations and Non-governmental Organizations(NGOs) in Zambia and in the region will be documented to allow for wide distributionwith a clear dissemination strategy.In closing, Qingsong Dong stated that as a policy maker, he had been revatilised to workat addressing issues of property and inheritance with much urgency due to the exposureof the people to the HIV and AIDS epidemic and their determination to respondpositively.1 Region here means Southern and East Africa.5