Women'S Inheritance Rights Project: in The Town of Hawassa
Women'S Inheritance Rights Project: in The Town of Hawassa
Women'S Inheritance Rights Project: in The Town of Hawassa
Post Training
Assessment
Report
October, 2012
Prepared by KELIN,
Kindaruma Road, off Ring Road Kilimani,
P.O Box 112-00202, Nairobi,
Tel: 254 20 251 5790
Email: [email protected]
www.kelinkenya.org
Post Training Assessment Report
PREFACE
KELIN is a legal NGO working to protect, promote and advance health and HIV related human rights in
Kenya. Our objective is to undertake advocacy and provide leadership in enhancing human rights
approaches in health and HIV strategies and programs. Our vision is the full enjoyment of HIV related
human rights for all and our mission is to promote and protect HIV related Human Rights.
KELIN responds to legal, ethical and human rights concerns relating to health and HIV by:
• Providing legal services including legal advice and litigation to people who have suffered
health related human rights violations – especially people living with HIV and other vulnerable
groups – using KELIN staff and our network of pro bono lawyers.
• Strengthening and building capacity of health professionals, lawyers, community workers and
people living with HIV on health and other related human rights including working from a rights-
based approach in service provision.
• Engaging in advocacy campaigns that promote awareness of human rights issues in national
laws and policies to governments, organizations and communities.
• Research on areas relating to human rights, legal issues and health, contributing to new
legislation and supporting evidence-based change.
KELIN’s current main program areas are around: promoting alternative dispute resolution in securing
justice for vulnerable groups like widows and orphans, campaigning for sustainable funding for health
services, ensuring the government effectively supports the rights of TB patients and facilitating various
people in Kenya to know and use their human rights. We continue to ensure government accountability
in guaranteeing the progressive realization of the provisions of the right to health as envisioned by the
Constitution of Kenya 2010.
ii | P a g e
CONTENTS
ACRONYMS………. .................................................................................................. IV
EXECUTIVE SUMMARY ............................................................................................ 5
1.0 BACKGROUND................................................................................................ 7
2.0 ASSESSMENT APPROACH/METHODOLOGY....................................................... 8
2.1 PURPOSE OF THE REVIEW ....................................................................................... 8
2.2 SPECIFIC OBJECTIVES ............................................................................................ 8
2.3 SPECIFIC TASKS ................................................................................................... 8
2.3.1 Desk Review ................................................................................... 8
2.3.2 Key Informant Interviews ................................................................. 9
2.3.3 Focus Group Discussion ................................................................. 9
2.3.4 Individual Interviews ........................................................................ 9
3.0 FINDINGS 9
3.1 RELEVANCE AND EFFECTIVENESS OF THE TRAININGS......................................................... 9
3.2 PROGRESS IN ACHIEVING EXPECTED RESULTS ............................................................... 12
3.3 CHALLENGES, LESSONS LEARNED AND BEST PRACTICES .................................................... 15
4.0 CONCLUSIONS AND RECOMMENDATIONS ..................................................... 16
5.0 LIST OF PERSONS INTERVIEWED ............................................................................... 18
Post Training Assessment Report
ACRONYMS
AIDS Acquired Immune Deficiency Syndrome
APHIA AIDS, Population and Health Integrated Assistance
KELIN Kenya Legal and Ethical Issues Network on HIV and AIDS
LAGNETLast Generations Theatrics
USAID United States Agency for International Development
iv | P a g e
Post Training Assessment Report
EXECUTIVE SUMMARY
The overall purpose of the assignment was to review the outcome of the capacity building workshops
targeting elders, widows and child beneficiaries that were conducted between April and May 2012; and
assess the status of implementing the agreed action plans. The review was conducted between August
21 and 23 2012 through desk review, field visits and interviews with the project beneficiaries and
partners.
The training measures carried out by KELIN have been largely successful in scaling up the cultural
structures initiative and facilitate increased access to justice for widows and their children. The trainings
have significantly increased knowledge and awareness levels on the constitutional and legal provisions
on the rights of widows and their children. While it may be too early to conclusively assess the long term
results of the trainings, there are clear indications that the intended results will be achieved. Already
some outcome level results have started emerging among the widows, elders and children with a clear
resolve and commitment to fight for increased recognition and respect of the rights of widows to own
and inherit property; and ensure that their children also realize their basic rights.
With increased understanding among the elders on the rights of widows and their children, and a
resolve from the elders to arbitrate on disputes from a rights based perspective, there are prospects for
increased access to justice especially on issues related to land and property rights among widows and
orphans in the coming months.
The training has also provided opportunities for economic empowerment among women through
information sharing and creating linkages with the Women Enterprise Fund. Although not included in
the project objectives and activities, cross-cutting topics on HIV especially in managing stigma and
promoting healthy practices among youth have impacted positively on the training participants.
To address some of the challenges that were noted during the assessment and ensure successful
completion of the project and realization of intended results, it is recommended that:
Mechanisms of engaging the training beneficiaries beyond the formal training need to be
explored to ensure increased impact. Where possible, the participants need to be supported to
reach out to more community members and sensitize them on the rights of widows and orphans
and other relevant topics. The support should include technical backstopping such as having
experienced experts accompanying the trained community members when carrying out
community sensitization. This will ensure creation of a critical mass of informed community
members that can effectively advocate for the rights of widows and their children.
Establishing strong linkages with relevant government departments is critical in increasing the
visibility of KELIN and facilitating increased access to justice for the targeted beneficiaries.
KELIN should consider reaching out to chiefs and their assistants in future trainings. The chiefs
can be a barrier to actualization of the right to land and property ownership, among other
rights, if not well sensitized. Training of this target group on land and property rights, human
rights and the role of cultural structures in dispute resolution will ensure increased recognition
5|P a g e
Post Training Assessment Report
of the council of elders and facilitate access to justice for widows and orphans especially in
resolving land and property disputes that are common among widows and orphans.
The Luo Council of Elders needs to adopt measures to advocate for increased accountability and
transparency in the allocation and use of devolved government resources such CDF and ensure
that widows and their children have access to these funds. This will help in further enforcing the
right of orphans to education and other basic human rights as envisaged in the constitution.
There is need to improve documentation and reporting of the outcomes of the training
especially through the use of qualitative approaches such as success stories, case studies, video
documentaries etc. These techniques will help KELIN tell its story better and demonstrate the
impact of various interventions.
Integration of post training support mechanisms in future training programs should be
considered to ensure effective follow-up and increased impact of training measures.
6|P a g e
Post Training Assessment Report
1.0 BACKGROUND
Access to justice among widows and orphans especially in terms of inheritance rights remains a key
challenge in many parts of Kenya. Although there are clear constitutional and legal provisions on the
rights of widows and orphans to inherit property, a number of cultural, social, economic and legal
factors continue to pose hurdles to the enjoyment of the fundamental rights on property ownership and
inheritance. Few women can access justice through the formal court system due to inhibitive high costs
and lengthy procedures. The low awareness level on the constitutional and legal entitlements is another
factor that contributes to high levels of disinheritance among widows and orphans. Retrogressive
cultural beliefs and practices among certain communities have also exacerbated the situation with many
widows and orphans suffering unacceptable levels of injustice and inhumane treatment from immediate
family members and the community.
It’s in response to the above challenges that KELIN has embraced the use of alternative dispute
resolution mechanisms to facilitate access to justice. Since 2009, KELIN has been implementing a project
known as “Working with Cultural Structures to Facilitate Access to Justice by Widows and Orphans” that
aims to utilize community structures (Elders and community leaders) to boost the right to access, own
and inherit property by vulnerable widows and orphans. In recognizing that the formal legal systems are
not always accessible to many vulnerable women in Kenya this innovative initiative recognizes the
power of culture and positively engages with it to ensure it operates positively for the protection of the
rights of the vulnerable women and children.
Working with the community elders in Nyanza region in Kenya, this initiative has facilitated informal
mediation between disputing parties providing the safe space to iron out family property
disagreements. The initiative has since 2009 taken up 156 cases involving disinheritance of widows, out
of which 95 cases (about 60%) have been successfully resolved in favour of the women, and 51 cases are
still ongoing, 4 have been referred to other departments and networking partners, 4 cannot be traced
and 2 passed away during the process. In addition, 17 semi-permanent houses have been built for the
most vulnerable widows and their children within a period of 36 months.
The success of the cultural structures initiative resulted to the introduction of the Women’s Inheritance
Rights project to replicate and scale-up the gains realized through the CSP. The goals/objectives of the
Women`s Inheritance Rights Project are to:
1. Scale up the existing Cultural Structures Project (CSP) to provide access to justice for more
widows in the targeted geographical area;
2. Enhance accessibility of the CSP services;
3. Strengthen the CSP so that the elders are better able to arbitrate the cases from a rights based
perspective; and
4. Strengthen the CSP so that the widows and their children have increased knowledge on human
rights.
7|P a g e
Post Training Assessment Report
Planned activities:
Complete 20 more arbitrations;
Set up an office in Kisumu County, in a location that is accessible to the target beneficiaries;
Translate the tool on working with cultural structures to facilitate access to justice into one
national and one local language that is suitable to the beneficiaries and partner organizations;
Train the elders on the rights based approach, the Kenyan Constitution and human rights in the
context of culture;
Train widows and their children on human rights, the Kenyan Constitution and the arbitration
process;
Undertake a comprehensive evaluation of the project and its effect in the two counties.
The overall purpose of the assignment was to review the outcomes of the capacity building workshops
targeting elders, widows and child beneficiaries that were conducted between April and May 2012; and
assess the status of implementing the agreed action plans. The review was conducted from 21st – 23rd
August 2012.
Review of all relevant project documents including the project proposal for the scale-up of the Cultural
Structures Project (CSP), training reports, project progress reports, online publications on women’s
8|P a g e
Post Training Assessment Report
property rights and other relevant literature was undertaken before commencement of actual field
work. The specific action plans that were developed at the end of the trainings served as a basis for
reviewing the progress in project implementation while project progress reports (quarterly and
monthly) served as a means of assessing and verifying project achievements and challenges.
Interviews with key project partners and collaborators were carried out to obtain primary information
on their perceptions on the capacity building workshops and the potential for enhancing the property
rights of widows and orphans. Key people interviewed included the District Gender and Social
Development Officers for Kisumu and Nyando Districts. The relevant officer(s) from the Children’s
Department could not be reached during the field visit. The Regional Project Coordinator for KELIN also
served as a key informant and the main liaison person in meeting all the other respondents.
Two Focus Group Discussions (FGDs) were conducted for elders and widows. The FGDs brought together
the elders and widows from Nyando and Muhoroni Districts who had participated in the capacity
building workshops held in April and May this year. The FGDs had 7 participants and lasted for an
average of one and half hours.
One-on-one interviews with elders, widows and child beneficiaries were conducted to obtain their
personal experiences from the training and gain insights on how the training is helping in addressing
issues of property inheritance and the broader human rights issues as enshrined in the Kenyan
Constitution and other legal tenets.
3.0 FINDINGS
Increasing knowledge and understanding on the Kenyan Constitution, human rights and the arbitration
process is a key prerequisite to the success of the women’s inheritance project and sustaining the gains
made by the cultural structures project in promoting land and property rights among widows and
orphans. Training of elders, widows and their children was therefore critical to ensure increased respect
and promotion of the right to own and inherit property. Land remains a vital resource for sustaining the
livelihoods of millions of people in the country and especially for rural communities that depend entirely
on land as a source of livelihood.
9|P a g e
Post Training Assessment Report
Rating of the training in terms of content, relevance and methodology on a score of 1-5 (1 being the
lowest score and 5 the best score) revealed that the participants were happy with the training as
indicated in Figure 1. Rating on content was slightly lower based on the perception of some participants
that the time allocated for the training was too short to adequately cover the diverse topics. The use of
interactive and participatory training methodologies with practical examples was applauded as an
effective method of delivery. Use of experienced, knowledgeable and respected facilitators also served
to enhance knowledge sharing to the participants.
The training has also helped them to be more proactive in identifying cases of human rights violations in
the community and intervene at an early stage. It has also broadened their perspective on various
human rights issues and the inherent interrelationships between various rights. This has elevated the
10 | P a g e
Post Training Assessment Report
role of the elders in the community as arbitrators and “peace building agents”. They now understand
that violation of the right to property and land ownership greatly increases the vulnerability of widows
and orphans to HIV and compromises their ability to enjoy other basic rights such as food, shelter,
education etc.
3.1.2 Widows Training
The training was very instrumental in increasing understanding on human rights and legal provisions
protecting the rights of children, women and PLHIV; identifying and addressing various challenges raised
by legal and ethical issues in HIV; demystifying myths about Luo culture and women’s land and property
rights; discussing the legal provisions on land rights and appreciating the role of widows in advocacy for
protection and promotion of women’s land and property rights. These are all pertinent topics that
directly affect the
lives of widows in
the target project
areas. In total 21
widows benefited
from this training.
Based on
discussions in the
FGD, the widows
who participated
in the capacity
building workshop
indicated that it
was an excellent
training that
greatly enhanced
their knowledge
and understanding of human rights, the Kenyan Constitution, The Children’s Act and The HIV & AIDS
Prevention and Control Act 2006. The training helped in enhancing linkages with other government
institutions especially the Gender and Social Development Department, which has financing
opportunities for women who are keen to undertake various economic and income generating activities.
Participants in the FGD rated the training positively in terms of content, relevance and methodology as
indicated in Figure 2. Content received a slightly lower rating because some participants felt that some
topics such as the constitution were wide and could not exhaustively be covered during the short
training period.
3.1.3 Child Beneficiaries’ Training
The training covered topics on human rights and children’s rights; national laws protecting the rights of
children; healthy choices in HIV and reproductive health; understanding Luo culture on property rights
in relation to widows and children; legal and ethical issues in HIV and AIDS and; mechanisms of child
protection and communicating with other youth.
11 | P a g e
Post Training Assessment Report
The post training assessment sought views of the participants on the relevance, content and
methodology of the training. Overall the respondents were very happy with the training especially on
the methodology employed to impart knowledge. The use of participatory learning approaches and
interactive
sharing of
experiences was
very effective in
increasing
knowledge
levels among
the participants.
3.2
PROGRE
SS IN
ACHIEVING
EXPECTED
RESULTS
While it’s
acknowledged that the period between the actual training and the post training assessment was very
short and significant results may not have been realized, the assessment sought to establish the status
of implementing the actions plans that were developed at the end of the training and potential of
realizing the expected medium and long term results.
Interviews with the widows who attended the training also revealed that several steps have been taken
to implement the agreed action plan. Through community forums such as the churches and women
groups’ meetings to talk to sensitize other women on their rights as provided for in the constitution and
the laws of Kenya. Some of the women have prepared a skit on “helping an orphan is a blessing” to
facilitate effective communication on the rights of orphans to other community members. This is a very
creative mode of communication that will be used in various community forums to advocate for
increased promotion and protection of the rights of orphans.
12 | P a g e
Post Training Assessment Report
Follow-up visits to the Gender and Social Development offices have also been undertaken to explore
ways of accessing funds from the Women Development Fund (WDF). The WDF provides a good
opportunity for widows, through various registered groups, to obtain capital to income generating
activities (IGAs) that would ultimately lead to economic empowerment. One group, Ramula Market
Traders, has secured a loan of Kshs 50,000 as a result of the follow-up visit and the information acquired
through the widows training. The District Gender and Social Development Officer for Kisumu confirmed
that several women have visited her office after the training to seek more information on how they can
access funds through the WDF.
The child beneficiaries who
attended the training have also
made efforts to reach out to
other children and sensitize them
on their rights. According to
Ronald Odhiambo and Mercy
Odera, who are members of
LAGNET Community Resource
and Information Centre, they
have held several youth-youth
and youth-parents meetings after
the training to share information
on issues affecting youth and
children particularly orphans.
They have made three visits to
secondary schools and conducted
community outreach meetings to
Arnold Ouma presenting one of the songs he has composed to create
create awareness on the rights of
awareness on HIV and the rights of orphans.
children. The group is supported
by USAID through APHIA plus with some partial funding from OGRA Foundation. The group uses theatre
as its main mode of communication and this has proved very effective in creating awareness on various
issues to a wide audience.
Interviews with four other participants during the training also indicated that they have made efforts to
share information with other children in their respective schools. Using poems, songs and drama with
rich messages on the plight of orphans, they have sensitized many children in school and hope that this
will reinforce the need to protect the rights of the child.
As indicated before, the full impact of the training will take time to materialize. However, all the people
interviewed confirmed that the training has made a big difference in their lives especially their level of
understanding on human rights and the existing provisions that safeguard the rights of women and
children. Testimonies from the elders and widows who attended the training reveal an increased resolve
to report any violations against the rights of widows to the relevant structures and ensure that these
rights are protected.
13 | P a g e
Post Training Assessment Report
An analysis of the number of cases reported to KELIN on various violations to widows indicates a sharp
rise of reported cases
between June and
July. This is the period
immediately after the
training and there
could be some
correlation between
increased awareness
levels on the rights of
widows as a result of
the training and
increased reporting.
While this may be a
possibility, it’s too
early to make this
assumption and the
trends will need to be monitored and assessed for some time before reaching an informed conclusion.
The knowledge acquired through the training has made the widows more assertive about their rights.
There is a demonstrated readiness among the widows interviewed to fight for their rights. Stories of
widows who have come out strongly to fight for their rights were evident from the field interviews.
14 | P a g e
Post Training Assessment Report
Lilian Atieno is another widow who has been transformed by the training to become a strong
community defender of the rights of widows. Lilian narrated
during the field interviews how she confronted a local chief to
“The training made me realize
prevail upon him to ensure that the rights of a widow who was
that as an individual there is
facing imminent eviction from her matrimonial home are
something I can do to help make
respected and protected. “I confronted the chief with a copy of
a difference in the lives of
the Constitution and pointed to him that the Constitution of
widows and children.”
Kenya protects the rights of widows to inherit their husbands’
property and no one has the powers to evict a widow from the
husband’s land.” The chief who was initially not keen to defend the widow was moved by the powerful
and informed statement of Lilian and had to quickly intervene to restrain the family of the affected
widow from evicting her.
The training has also enabled women infected with HIV to effectively deal with self stigma. Several
women came out during and after the training to openly disclose their HIV status. More and more
women are now able to reveal their status without any fear of being perceived negatively by the society
and family members. HIV infected women who participated in the training are now able to take their
ARV drugs openly without any fear. This has greatly helped in ensuring increased adherence to drugs. A
number of them have joined support groups that are helping them live a positive and healthy life.
Elders from the Luo Council of Elders who participated in the training feel more empowered to resolve
disputes at the community level especially on matters affecting widows and their children. The training
has given them the full confidence to handle disputes from a human rights perspective, something that
was not happening before. The training has also enabled them to appreciate the rights of the child and
reignited their resolve to ensure that orphans are accorded the necessary support to fulfill their rights,
especially right to education, shelter and right to inherit and own property.
One of the elders narrated how he took the initiative to mobilize members of the community to raise
funds to support an orphan who was in the verge of dropping out of school due to lack of school fees.
The elders have made deliberate efforts after the training to reach out to key government departments
such as the Children’s Department and Gender and Social Development to explore opportunities for
supporting needy children and widows.
3.3.1 Challenges
1. Although most of the training participants indicated that they have conducted some follow-up
activities to sensitize more people on the information acquired during the training, this has not been
properly documented. It’s therefore not easy to accurately establish the total number of people that
have been reached through the follow-up sensitization forums.
2. Apart from arbitrating on various disputes affecting widows and orphans, elders are sometimes
confronted with very needy cases that require immediate humanitarian support such as food, school
fees, shelter etc. Addressing these cases requires resources that are not always available or
adequate.
15 | P a g e
Post Training Assessment Report
3. Some of the action plans that were agreed on after the trainings have not been implemented due to
lack of resources and a structured mechanism for sensitizing more people. The most critical
resources required include mobilization and logistical support costs for follow-up training or
sensitization.
4. While cultural structures have increasingly been recognized as effective alternative dispute
resolution mechanisms, some local chiefs have not fully recognized and appreciated the role of
elders in dispute resolution. This portends a major threat to effective utilization of cultural
structures in increasing access to justice for widows and orphans.
3.3.2 Lessons Learned and Best Practices
1. The approach used to target elders, widows and children through existing structures such as the Luo
Council of Elders, women groups, HIV support groups and children clubs is effective in ensuring
increased sharing of information and sustainability.
2. Use of the cultural structures as a strategy of scaling-up access to justice among widows and their
children is very cost-effective measure and a promising practice. The Luo Council of Elders is very
accessible to most widows and its arbitration process is free of charge making it the preferred
choice for widows.
3. Inclusion of women in the council of elders is also an emerging group practice that moves away from
the traditional stereotypes that only men could provide leadership in the community and arbitrate
on disputes. Gender inclusivity in the cultural structures promises to deliver justice to women in the
long term.
4. The post training follow-up and on-going monitoring of project interventions is positive move in
ensuring greater project success. Regular follow-ups ensure that key project actions are
implemented and any hurdles to successful implementation are addressed in a timely manner.
Conclusions:
The training measures carried out by KELIN have been largely successful in scaling up the cultural
structures initiative and facilitate increased access to justice for widows and their children. The trainings
have significantly increased knowledge and awareness levels on the constitutional and legal provisions
on the rights of widows and their children. While it may be too early to conclusively assess the long term
results of the trainings, there are clear indications that the intended results will be achieved. Already
some level of behaviour change has started emerging among the widows, elders and children with a
clear resolve to fight for increased recognition and respect of the rights of widows to own and inherit
property; and ensure that their children also realize their basic rights.
With increased understanding among the elders on the rights of widows and their children, and a
resolve from the elders to arbitrate on disputes from a rights based perspectives, there are prospects for
16 | P a g e
Post Training Assessment Report
increased access to justice in the coming months particularly in ensuring that the right to land and
property ownership is protected and respected.
The training has also provided opportunities for economic empowerment among women through
information sharing and creating linkages with the Women Enterprise Fund. Although not included in
the project objectives and activities, cross-cutting topics on HIV especially in managing stigma and
promoting healthy practices among youth have impacted positively on the training participants.
Recommendations:
1. Mechanisms of engaging the training beneficiaries beyond the formal training need to be explored
to ensure increased impact. Where possible, the participants need to be supported to reach out to
more community members and sensitize them on the rights of widows and orphans and other
relevant topics. The support should include technical backstopping such as having experienced
experts accompanying the trained community members when carrying out community sensitization.
This will ensure creation of a critical mass of informed community members that can effectively
advocate for the rights of widows and their children.
2. Establishing strong linkages with relevant government departments is critical in increasing the
visibility of KELIN and facilitating increased access to justice for the targeted beneficiaries.
3. KELIN should consider reaching out to chiefs and their assistants in future trainings. The chiefs can
be a barrier to actualization of the rights of widows and orphans, if not well sensitized. Training of
this target group on human rights and the role of cultural structures in dispute resolution will ensure
increased recognition of the council of elders and facilitate access to justice for widows and
orphans.
4. The Luo Council of Elders needs to adopt measures to advocate for increased accountability and
transparency in the allocation and use of devolved government resources such CDF and ensure that
widows and their children have access to these funds. This will help in further enforcing the right of
orphans to education and other basic human rights as envisaged in the constitution.
5. There is need to improve documentation and reporting of the outcomes of the training especially
through the use of qualitative approaches such as success stories, case studies, video documentaries
etc. These techniques will help KELIN tell its story better and demonstrate the impact of various
interventions.
6. Integration of post training support mechanisms in future training programs should be considered to
ensure effective follow-up and increased impact of training measures.
17 | P a g e
Post Training Assessment Report
18 | P a g e