Using a feasibility study as an advocacy tool towards repealing an antiquated law that

perpetuates HIV: A case of the Deceased Brother’s Widow’s Marriage Act (DBWMA) in Zambia

Authors: Michael Mulimansenga Chanda, Justine Chitengi, Groy Shauma, Timothy Banda, Muka Chikuba-

McLeod, Abraham Miti, Joyce Macmillan, Christabel Samanga and Gilbert Mwanza

Support to the HIV/AIDS Response in Zambia II

Presentation date: 22 July, 2014

Presentation OutlineIntroduction and

Background

Problem Statement

Research Questions

Aim and Objectives

Methods

Results

Conclusions

Next Steps

Introduction to Zambia Sub-Saharan African

country 752,612 m2 13.4 million people

(CSO, 2010)

72 ethnic tribes in 288 chiefdoms

60% people live on <$1/day

HIV prevalence: 14.3% (15 – 49 years:16.1% females and 12.3% males) (ZDHS, 2007)

Support the HIV/AIDS Response in Zambia Project (SHARe II)

The purpose of the USAID-funded SHARe II project is to support and strengthen the multi-sector response to HIV/AIDS and contribute to the achievement of the USAID/Zambia Mission Strategic Objective 9 (SO9): Reduced impact of HIV/AIDS through Multi-Sector Response.

Objective 1: Strengthen and expand leadership involvement in HIV/AIDS and improve the policy and regulatory environment

Deceased Brother’s Widow’s Marriage Act: Cap 57 of the Laws of Zambia

“No marriage heretofore or hereafter contract ed between a man and his

deceased brother's widow within Zambia or without, shall be deemed to have been

or shall be void or voidable, as a civil contract, by reason only of such affinity”

Problem Statement DBWMA legalizes “widow inheritance,” by allowing men to

marry their deceased brother’s widows Widow inheritance has negative impact on national HIV

responses Increases HIV risk and vulnerability for the widow, the

surviving brother (the inheritor), and the inheritor’s wife Can impoverish the widow and her children and—in the

long term—increase HIV vulnerability for children Hinder ongoing traditional leaders’ efforts to outlaw

widow inheritance as one of the preventive measures against HIV infection

Perpetuates gender inequity and inequality

Research QuestionsWhat is the extent of knowledge, among selected

participants in Zambia, about the DBWMA?

What is the relevance of the DBWMA to contemporary Zambian communities given their socio-economic evolution?

In the era of HIV/AIDS, does the practice protected by the DBWMA pose risks? - what are the risks?

What can Zambian society do to address the issue of weaknesses/risks institutionalized by DBWMA?

Study Aim and ObjectivesAim: Collect views from wide range of

participants about merits and demerits of DBWMA in order to determine feasibility to either repeal or maintain Act

Key Objectives:

Highlight provisions of the DBWMA

Collect views about potential benefits and disadvantages of the DBWMA

Collect views and opinions from respondents either for or against repeal of the DBWMA

MethodsWorked with Zambia Law Development Commission

Over 3000 participants in 28 Chiefdoms - 26 districts in 8 provinces (Dec - 2013 June 2014)

• Selection criteria included HIV prevalence, cultural and traditional practices, perceived influence on law reform pertinent to succession

• 28 Chiefs,100 village headpersons, 20 judges and magistrates, 50 civil society and faith-based organization leaders, 30 government officials and over 3000 community members

Used KIIs, FGDs and community discussions, guided by semi-structured questionnaires

Focus Group Discussion Community discussion

Small group of villagers discussing

Description of Participants

Category Reason why selected

Traditional leaders/chiefs

Custodians of traditions including customary laws on widow inheritance

Court magistrates

Preside over marital cases under Statute Law including cases arising from the DBWMA

Widows Personal experience - some have been coerced/forced into marriages

Religious leaders Most are advocates of social justice

Ward Councilors Local leaders in political wards

Community members

Stakeholders and beneficiaries in cultural remodeling

Results80% respondents initially not aware of the

DBWMA and its provisions

Intention of the DBWMA viewed as good by some at the time but not anymore

Inheritance perceived as potentially aiding new HIV infections

DBWMA a codified law, prevents customary law reform on wife inheritance

Widows, particularly in rural communities, still being coerced into marriages

Most are economically dependent and see no other option

Inherited widows reported that lack of economic and social power translated into disempowerment during their subsequent marriages

Some have resources from their deceased husbands that the ‘inheritor’ and others wish to control

Being inherited is degrading, humiliating, reduces social standing and dignity for women as human beings and promotes gender inequity and inequality

Results

Results • Over 93% of KII participants in favour of repeal

• Out of 3000 participants recruited in 28 Chiefdoms in 26 districts and in 8 provinces: 85% supported the repeal of DBWMA

Key Informants

In support of repeal

Against repeal or undecided Total

Chiefs 26 93% 2 7% 28

Other KIIs 413 92% 34 8% 447

Total 439 92% 36 8% 475

Conclusions

With a little legal and policy awareness people can identify impediments with the law e.g. DBWMA

DBWMA is an no longer the protective law it was initially intended to be - it is oppressive against inherited women, gender insensitive, dehumanizing and promotes gender inequity and inequality all of which are catalysts of HIV infection

Most respondents support repeal which would facilitate a supportive reform in HIV/AIDS policy and legal environment in Zambia

Next Steps

Working collaboratively with the Zambia Law Development Commission (ZLDC):

Gather more data to provide conclusive evidence for repeal across the country

Advocacy activities over the next few months to build broader stakeholder support for repeal

Disclaimer

This presentation has been supported by the Presidents Emergency Plan for AIDS Relief (PEPFAR)

and was made possible by the support of the American people through the United States Agency for International Development (USAID) under the terms of the SHARe II Task Order GHH-1-02-07-00059-00. The contents are the responsibility of SHARe II and do not necessarily reflect the views of USAID or the United

States Government.