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

1. Perspectives from the Asia Pacific Court of Women on HIV, Inheritance and Property Rights International AIDS Conference Mexico Revati Chawla UNDP Regional HIV & Development Programme for Asia & the Pacific

2. Background • 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.

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

4. Women’s Property Rights As An AIDS Response Emerging Efforts In South Asia

5. Regional 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

6. Courts 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

7. Court of Women on HIV, inheritance and property rights Lawyers’ Collective FWLD

8. Court of Women on HIV, Inheritance 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

9. Key players in the Court • Testifiers • Expert witnesses • Jury members

10. The 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

11. Testifiers • 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

12. Some 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)

13. Expert witnesses • Anand Grover, India • Assefa Yirga, Ethiopia • Sunila Abeyesekera, Sri Lanka • Vicky Corpuz, Philippines • Elizabeth Reid, Australia

14. Jury 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

15. Jury 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

16. Jury declaration- reading declaration

17. Talking Saree

18. Outcomes 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

19. Outcomes 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

20. Follow 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

21. 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 Publications

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