Perspectives from the Asia Pacific Perspectives from the Asia Pacific Court of Women on HIV, Inheritance Court of Women on HIV, Inheritance

and Property Rightsand Property Rights

International AIDS Conference Mexico

Revati ChawlaUNDP Regional HIV & Development Programmefor Asia & the Pacific

BackgroundBackground

In 2004, the global coalition on Women's and AIDS identified 7 priority areas for work with women and HIV

Lead agencies identified were FAO and ICRW. UNDP has been instrumental in research into the issue at the global level.

Regional work really started in Asia Pacific in late 2006 with a regional consultation exploring the linkages between HIV and dispossession.

BackgroundBackground

90% of widows stopped living in martial homes after their husbands death

79% of widows have complained that they were denied a share of their husbands property

Economic security provided by property allows children to be in school longer.

Property as collateral to credit, contribution to household resources and dealing with HIV

Socio-Economic IMPACT of HIV and AIDS

in India

Strong evidence was found in India’s household level study on the socio economic impact of HIV, 2006:

Women’s Property Rights

As An AIDS Response Emerging

Efforts In South Asia

Regional InitiativesRegional Initiatives

– The Regional Court of Women on HIV inheritance and property rights.

– Capacity building of HIV positive Women’s groups: India

– Building leadership, commitment and capacity to addressing the gap between progressive legislation and practice in Nepal

Courts of WomenCourts of Women A global movement that seeks to redefine rights and other

notions of justice from the lives and life visions of women

A creative platform to give visibility to the lives and voices of those who are increasingly being pushed to the margins of societies

A unique format based on the feminist methodology of weaving together the objective reality with the subjective testimonies

Empowerment of the wronged and giving them a voice and platform where none existed before. An alternative political space that seeks to redefine rights and other notions of justice from the lives and life visions of women

A sensitive and powerful medium to reveal the interconnections between the various forms of personal and public violence against women

Court of Women on HIV, inheritance and property

rights

Lawyers’ Collective FWLD

Court of Women on HIV, Court of Women on HIV, Inheritance and Property rightsInheritance and Property rights

First regional summit Held in conjunction with 8th ICAAP Brought together 500 women and men

from across the region Created a very strong regional platform

for women living with HIV/AIDS to share their testimonies of struggles and successes

Key players in the CourtKey players in the Court

Testifiers

Expert witnesses

Jury members

The sessionsThe sessions Dispossession and Destruction: Poverty,

Violence and HIV Disinheritance and Discrimination:

Culture, Marginalization and HIV Human Rights and Inhuman Wrongs:

Evaluating State Responses, HIV, Property and Inheritance Rights

Reclaiming Survival and Security: Celebrating Voices of Resistance of Hope

TestifiersTestifiers

22 testifiers shared their testimonies of struggles and successes related to HIV, inheritance and property rights from: Bangladesh, Cambodia, India, Malaysia, Nepal, Pakistan, PNG, South Africa, Sri Lanka, Thailand and Vietnam

Buddhist Monk from Cambodia shared his experience with HIV positive children including orphans

Some quotes from testifiersSome quotes from testifiers

“To reclaim my home, I would need to go to Court, I would need legal support. Who is there to advise me? Who is there to take up my case? Who is there to deliver justice for me?” ( Princey Mangalika, Sri Lanka)

Expert witnessesExpert witnesses

Anand Grover, India Assefa Yirga,

Ethiopia Sunila Abeyesekera,

Sri Lanka Vicky Corpuz,

Philippines Elizabeth Reid,

Australia

Jury membersJury members Cheri Honkala, Founder PPEHRC, USA

Liang Lawrence Jih Ming, Lawyer ALF, India

Justice Kalyan Shrestha, Supreme Court Judge, Nepal

Miloon Kothari, UN Special Rapporteur on Adequate Housing, India

Shiranee Tilakawardane, Supreme Court Judge, Sri Lanka

Jury declaration- some excerptsJury declaration- some excerpts All forms of discrimination against HIV

positive women and their needs to be urgently addressed by all actors

All legislative, judicial and human rights actors to take a proactive role in protecting women living with HIV

All civil society to play the role of monitoring to prevent all kinds of dispossessions

All governments and the administration of justice prioritize the needs of women living with HIV through efficient and meaningful action

Jury declaration- reading Jury declaration- reading declarationdeclaration

Talking SareeTalking Saree

Outcomes of CourtOutcomes of Court

Influenced outcomes of the ICAAP – policy reach

Regional and global attention to impact of HIV, gender inequality & access to inheritance and property on women in Asia & Pacific – broad media coverage (22 features)

Brought the issue from Asia and the Pacific to the attention of Global Partners. – Featured at FAO Global Technical Consultation

2007– Partnership with COHRE on CSW 2008– Partnership for IAC Mexico 2008

Outcomes of CourtOutcomes of Court

Strengthened regional partnerships and commitment to action to support the women of the Asia Pacific region. UNDP UNIFEM Joint Initiative

- Nepal and India country priorities

Partnership with the global human rights strengthening program (GHRSP)

Inclusion of the issue of WIPR as a major impact mitigation measure in the report of the commission on AIDS in Asia

Follow up actionsFollow up actions

Country level action in Nepal: leadership, Commitment and capacity development

Country level follow up in India: Strengthening support mechanism for HIV positive women

Regional scan of laws related to women’s Inheritance and Property Rights in the South Asia region

South East Asia Court on trafficking

PublicationsPublications

A semi analytical piece accompanying the film on Asia Pacific Court of women on HIV, Inheritance and Property Rights

A publication on Asia Pacific Court of women on HIV, Inheritance and Property Rights

THANK YOUTHANK YOU