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CAPACITY BUILDING WORKSHOP ON HUMAN RIGHTS FORCHILD BENEFICIARIES OF THE CULTURAL STRUCTURES PROJECTTo C<strong>on</strong>tentsHeld in Ahero, Kisumu County, 24th to 26th April 2012Prepared by KELIN,Kindaruma Road, off Ring Road Kilimani,P.O Box 112-00202, Nairobi,TEL: 254 20 251 5790EMAIL: info@kelinkenya.orgWebsite: www.kelinkenya.org


C<strong>on</strong>tentsABBREVIATIONS 3About KELIN.. 41.0 PROJECT BACKGROUND.. 52.0 EXECUTIVE SUMMARY 63.0 OVERVIEW OF TARGET GROUP 74.0 SUMMARY OF WORKSHOP.. 84.1: Introducti<strong>on</strong> and Climate Setting .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 84.2: Introductory Remarks .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 84.3: Objectives. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 95.0 SUMMARY OF SESSIONS.. 95.1: Introducti<strong>on</strong> to Human Rights and Children’s Rights .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 95.2: Nati<strong>on</strong>al Laws Protecting the <strong>rights</strong> of Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.3: Healthy Choices in HIV and Reproductive Health. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 115.4: Understanding Luo Culture <strong>on</strong> Property <strong>rights</strong> in relati<strong>on</strong> to Widows and Children .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 125.5: Legal and Ethical Issues in HIV and AIDS.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 135.6: Mechanisms of Child Protecti<strong>on</strong> 135.7: Movie Sessi<strong>on</strong> .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 135.8: Creative Sessi<strong>on</strong>: Communicating with other youth .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 146.0 WAY FORWARD AND ACTION PLAN 157.0 TRAINING METHODOLOGY 168.0 CHALLENGES 179.0 RECOMMENDATIONS.. 17APPENDIX 1: PROGRAM 18APPENDIX 2: LIST OF PARTICIPANTS. 19


ABBREVIATIONSADR . . . . . . . . . . . . . . .Alternative Dispute Resoluti<strong>on</strong>ARVs . . . . . . . . . . . . . . .Anti-retroviralsART . . . . . . . . . . . . . . .Anti-retroviral TreatmentCBO . . . . . . . . . . . . . . Community Based Organizati<strong>on</strong>CAPACITY BUILDING WORKSHOP ON HUMAN RIGHTS FORCHILD BENEFICIARIES OF THE CULTURAL STRUCTURES PROJECTTo C<strong>on</strong>tentsCRC . . . . . . . . . . . . . . The C<strong>on</strong>venti<strong>on</strong> <strong>on</strong> the Rights of the ChildCSP . . . . . . . . . . . . . . . .Cultural Structures ProjectCEDAW . . . . . . . . . . . . .The C<strong>on</strong>venti<strong>on</strong> <strong>on</strong> the Eliminati<strong>on</strong> of All <strong>for</strong>ms of Discriminati<strong>on</strong> against WomenD.O . . . . . . . . . . . . . . . .District OfficerFIDA . . . . . . . . . . . . . . Federati<strong>on</strong> of Women Lawyers - KenyaHAPCA . . . . . . . . . . . . HIV and AIDS Preventi<strong>on</strong> and C<strong>on</strong>trol Act, 2006HIV . . . . . . . . . . . . . . .Human Immunodeficiency VirusIGA. . . . . . . . . . . . . . . .Income Generating ActivityIWP. . . . . . . . . . . . . . . .Internati<strong>on</strong>al Women’s Programme, Open Society Foundati<strong>on</strong>NACC . . . . . . . . . . . . . .Nati<strong>on</strong>al AIDS C<strong>on</strong>trol CouncilNGOs . . . . . . . . . . . . . N<strong>on</strong>-Governmental Organizati<strong>on</strong>sOVCS . . . . . . . . . . . . . Orphans and Vulnerable ChildrenPLHIV . . . . . . . . . . . . . .Pers<strong>on</strong>s living with HIVPMTCT . . . . . . . . . . . . .Preventing Mother to Child Transmissi<strong>on</strong> of HIVSOA . . . . . . . . . . . . . . .Sexual Offences Act, 2006TB . . . . . . . . . . . . . . . .TuberculosisThe C<strong>on</strong>stituti<strong>on</strong> . . . . . . The C<strong>on</strong>stituti<strong>on</strong> of Kenya, 20103


About KELINCAPACITY BUILDING WORKSHOP ON HUMAN RIGHTS FORCHILD BENEFICIARIES OF THE CULTURAL STRUCTURES PROJECTTo C<strong>on</strong>tentsKELIN is a legal NGO working to protect, promote and advance health related <strong>human</strong> <strong>rights</strong> in Kenya. We do this by:• Providing legal services including legal advice and litigati<strong>on</strong> to people who have suffered health related <strong>human</strong> <strong>rights</strong> violati<strong>on</strong>s – especially people living with HIV and othervulnerable groups – using KELIN staff and our network of prob<strong>on</strong>o lawyers.• Strengthening and Building Capacity of health professi<strong>on</strong>als, lawyers, community workers and people living with HIV <strong>on</strong> health and other related <strong>human</strong> <strong>rights</strong> including workingfrom a <strong>rights</strong>-based approach in service provisi<strong>on</strong>.• Engaging in advocacy campaigns that promote awareness of <strong>human</strong> <strong>rights</strong> issues in nati<strong>on</strong>al laws and policies to governments, organizati<strong>on</strong>s and communities.• Research <strong>on</strong> areas relating to <strong>human</strong> <strong>rights</strong>, legal issues and health, c<strong>on</strong>tributing to new legislati<strong>on</strong> and supporting evidence-based change.KELIN’s current main program areas are around promoting alternative dispute resoluti<strong>on</strong> in securing justice <strong>for</strong> vulnerable groups like widows and orphans, campaigning <strong>for</strong>sustainable funding <strong>for</strong> health services, ensuring the government effectively supports the <strong>rights</strong> of TB patients and facilitating various people in Kenya to know and use their<strong>human</strong> <strong>rights</strong>.We c<strong>on</strong>tinue to ensure government accountability in guaranteeing the progressive realizati<strong>on</strong> of the provisi<strong>on</strong>s of the right to health as envisi<strong>on</strong>ed by the C<strong>on</strong>stituti<strong>on</strong> of Kenya2010.The <str<strong>on</strong>g>capacity</str<strong>on</strong>g> <str<strong>on</strong>g>building</str<strong>on</strong>g> <str<strong>on</strong>g>workshop</str<strong>on</strong>g> organized by KELIN <strong>on</strong> the 24th to 26th of April 2012 was aimed at equipping <strong>child</strong>ren with comprehensive and correct knowledge about HIV and<strong>human</strong> <strong>rights</strong> with a focus <strong>on</strong> <strong>child</strong>ren and property <strong>rights</strong>.For more in<strong>for</strong>mati<strong>on</strong> <strong>on</strong> KELIN and its work, visit www.kelinkenya.org.Capacity Building Workshop <strong>on</strong> Human Rights <strong>for</strong> Child Beneficiaries of the Cultural Structures ProjectHOST ORGANIZATIONKELINSITE/COUNTRY OF MEETING Ahero, KenyaDATE OF MEETING 24 th to 26 th April 2012NUMBER OF PARTICIPANTSMALEFEMALE10 174


1.0 PROJECT BACKGROUNDCAPACITY BUILDING WORKSHOP ON HUMAN RIGHTS FORCHILD BENEFICIARIES OF THE CULTURAL STRUCTURES PROJECTTo C<strong>on</strong>tentsThe KELIN is a nati<strong>on</strong>al network which resp<strong>on</strong>ds to legal, ethical and <strong>human</strong> <strong>rights</strong> c<strong>on</strong>cerns relating to health and HIV. Our objective is to undertake advocacy and provideleadership in enhancing <strong>human</strong> <strong>rights</strong> approaches in health and HIV strategies and programs. Our visi<strong>on</strong> is the full enjoyment of health and HIV related <strong>human</strong> <strong>rights</strong> <strong>for</strong> all andour missi<strong>on</strong> is to advocate <strong>for</strong> the promoti<strong>on</strong>, respect and protecti<strong>on</strong> of health and HIV related <strong>human</strong> <strong>rights</strong>.In the provisi<strong>on</strong> of Legal Services <strong>for</strong> health related <strong>human</strong> <strong>rights</strong> violati<strong>on</strong>s, KELIN encourages the use of Alternative Dispute Resoluti<strong>on</strong> (ADR) mechanisms. Since 2009, KELIN hasbeen 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 <strong>for</strong>mal legal systems is not always accessible to many vulnerable women in Kenya this innovative initiative recognizes the power of culture and positivelyengages with it to ensure it operates positively <strong>for</strong> the protecti<strong>on</strong> of the <strong>rights</strong> of the vulnerable women and <strong>child</strong>ren. Working with the community elders in Nyanza regi<strong>on</strong> inKenya, this initiative has facilitated in<strong>for</strong>mal mediati<strong>on</strong> between disputing parties providing the safe space to ir<strong>on</strong> out family property disagreements.The success of this initiative has so far taken <strong>on</strong> 148 cases involving disinheritance of widows, of which 88 cases have been resolved in favour of the women, and 50 cases are still<strong>on</strong>going, 4 have been referred to other departments and networking partners, 4 cannot be traced and 2 passed away during the process.In additi<strong>on</strong>, 17 semi-permanent houses have been built <strong>for</strong> the most vulnerable widows and their <strong>child</strong>ren within a 36-m<strong>on</strong>th period.After resettlement of some of the widows back to their matrim<strong>on</strong>ial homes, it became difficult <strong>for</strong> their <strong>child</strong>ren to reach schools they had been attending. They had to walk l<strong>on</strong>gdistances of up to 10kms and l<strong>on</strong>ger in some cases.This was particularly difficult <strong>for</strong> the <strong>child</strong>ren who had registered <strong>for</strong> their nati<strong>on</strong>al examinati<strong>on</strong>s and there<strong>for</strong>e could not be transferred to nearby schools until they completed theyear. The Internati<strong>on</strong>al Women’s Programme of the Open Society Foundati<strong>on</strong>s co-funded the project to acquire and distribute 60 bicycles to the widow’s <strong>child</strong>ren. The initiativedubbed the Bicycle Initiative Project was aimed at facilitating movement of resettled orphans while going to school and per<strong>for</strong>ming other domestic chores including fetchingwater, going to grind flour that occupied a lot of the <strong>child</strong>ren’s time which would otherwise be used to study.The <strong>child</strong>ren are now members of a peer educators club who meet regularly to learn various knowledge and skills. This initiative has really c<strong>on</strong>tributed to the improved academicper<strong>for</strong>mance of most of the beneficiaries.With the promulgati<strong>on</strong> of the C<strong>on</strong>stituti<strong>on</strong> of Kenya 2010 (The C<strong>on</strong>stituti<strong>on</strong>), KELIN sought to strengthen the project by empowering its beneficiaries <strong>on</strong> health and related <strong>human</strong><strong>rights</strong> which would facilitate sustainability and better outcomes <strong>for</strong> the project.To this end, KELIN undertook a new initiative to build the <str<strong>on</strong>g>capacity</str<strong>on</strong>g> of the project beneficiaries <strong>on</strong> <strong>human</strong> <strong>rights</strong> issues that predispose women and <strong>child</strong>ren living with HIV withinthe Nyanza regi<strong>on</strong> to violati<strong>on</strong>s. KELIN planned a series of trainings <strong>for</strong> the elders, widows and their <strong>child</strong>ren who have been involved in the project.5


CAPACITY BUILDING WORKSHOP ON HUMAN RIGHTS FORCHILD BENEFICIARIES OF THE CULTURAL STRUCTURES PROJECTTo C<strong>on</strong>tentsThe <str<strong>on</strong>g>workshop</str<strong>on</strong>g> <strong>for</strong> the <strong>child</strong>ren was scheduled first during the m<strong>on</strong>th of April when the <strong>child</strong>ren were <strong>on</strong> school holidays. Key issues from this <str<strong>on</strong>g>workshop</str<strong>on</strong>g> would be shared at the<str<strong>on</strong>g>workshop</str<strong>on</strong>g> <strong>for</strong> the widows <strong>for</strong> their further reflecti<strong>on</strong>.2.0 EXECUTIVE SUMMARYYoung people remain at the centre of the HIV epidemic in terms of their rates of infecti<strong>on</strong> and their vulnerability to both HIV and related <strong>human</strong> <strong>rights</strong> violati<strong>on</strong>s. In recogniti<strong>on</strong>that <strong>child</strong>ren have the highest potential <strong>for</strong> change, <strong>on</strong>e of KELIN’s goal has been the increased involvement of <strong>child</strong>ren in the CSP. The <str<strong>on</strong>g>capacity</str<strong>on</strong>g> <str<strong>on</strong>g>building</str<strong>on</strong>g> <str<strong>on</strong>g>workshop</str<strong>on</strong>g> organized byKELIN <strong>on</strong> the 24 th to 26 th of April 2012 was aimed at equipping <strong>child</strong>ren with comprehensive and correct knowledge about HIV and <strong>human</strong> <strong>rights</strong>.This would reduce their vulnerability to HIV and encourage their involvement in addressing harmful local cultural norms and practices that affect them and others around them.This will ultimately c<strong>on</strong>tribute to the sustainability of this innovative project within the Nyanza regi<strong>on</strong> and its expansi<strong>on</strong> to other regi<strong>on</strong>s of Kenya.Participants keenly listening to the facilitatorsThe three day residential training was facilitated to further <strong>child</strong>ren’s ability to secure their own <strong>rights</strong> in relati<strong>on</strong> to HIV and reproductive health and to support their engagementand social awareness <strong>on</strong> specific issues involving <strong>child</strong>ren’s <strong>rights</strong> and property <strong>rights</strong> in their circumstances.The twenty participants during this training were adolescent <strong>child</strong>ren whose mothers/guardians had previously been disinherited and c<strong>on</strong>sequently benefitted from arbitrati<strong>on</strong>within the CSP. They were all currently resettled back to their homes. Additi<strong>on</strong>ally the training included a few representatives from a local youth group, LAGNET, which promotesthe use of theatre <strong>for</strong> advocacy and community awareness <strong>on</strong> HIV.The sessi<strong>on</strong>s were facilitated by Ms. Melba Katindi (Program officer - Advocacy & Training) and Ms. Nancy Ondeng (Regi<strong>on</strong>al Project Officer, CSP), both of KELIN with guestfacilitators from local partner organizati<strong>on</strong>s working towards the promoti<strong>on</strong> of the <strong>rights</strong> of <strong>child</strong>ren, women and pers<strong>on</strong>s living with HIV within this regi<strong>on</strong>.6


CAPACITY BUILDING WORKSHOP ON HUMAN RIGHTS FORCHILD BENEFICIARIES OF THE CULTURAL STRUCTURES PROJECTTo C<strong>on</strong>tentsThe sessi<strong>on</strong>s were designed to accommodate the needs of adolescents and language of facilitati<strong>on</strong> was simplified to accommodate effective communicati<strong>on</strong> and involvement ofthe <strong>child</strong>ren. The <str<strong>on</strong>g>workshop</str<strong>on</strong>g> was largely c<strong>on</strong>ducted in English with occasi<strong>on</strong>al use of Kiswahili and the local language – Luo.The participants were updated with basic in<strong>for</strong>mati<strong>on</strong> <strong>on</strong> <strong>human</strong> <strong>rights</strong>, relevant provisi<strong>on</strong>s of the C<strong>on</strong>stituti<strong>on</strong> that relate to <strong>child</strong>ren and Pers<strong>on</strong>s Living with HIV (PLHIV). Theyalso looked specifically at the <strong>rights</strong> of <strong>child</strong>ren as c<strong>on</strong>tained in internati<strong>on</strong>al and nati<strong>on</strong>al legal instruments.They discussed HIV at length, looking into its transmissi<strong>on</strong> and preventi<strong>on</strong> opti<strong>on</strong>s suitable <strong>for</strong> young people including behaviour change and use of c<strong>on</strong>doms. They also discussedstigma and the barriers preventing discussi<strong>on</strong>s around sex educati<strong>on</strong> with their mothers/guardians.They deliberated <strong>on</strong> legal and ethical issues in HIV and were familiarized <strong>on</strong> the provisi<strong>on</strong>s of the simplified versi<strong>on</strong> of the HIV and AIDS preventi<strong>on</strong> and C<strong>on</strong>trol Act. Theparticipants engaged the cultural expert in debating the role of cultural practices affecting girls in the present modern generati<strong>on</strong>.The <strong>child</strong>ren had a sessi<strong>on</strong> to get to know the local Children’s Officer and the role of the Children’s Department in protecting their <strong>rights</strong>. Finally they were enlightened <strong>on</strong> theirrole in community advocacy and sensitizati<strong>on</strong> <strong>on</strong> <strong>child</strong>ren’s <strong>rights</strong>.The participants were very inquisitive and engaged in healthy in<strong>for</strong>med deliberati<strong>on</strong>s <strong>on</strong> various issues affecting them within their community. The training incorporated a creativesessi<strong>on</strong> where each of the <strong>child</strong>ren was given an opportunity to showcase their various talents and simply express their opini<strong>on</strong>s and feelings with regard to <strong>child</strong>ren’s <strong>rights</strong>.At the end of the training the <strong>child</strong>ren developed a very comprehensive plan of acti<strong>on</strong> to increase their involvement in promoti<strong>on</strong> of the <strong>rights</strong> of <strong>child</strong>ren within their immediatesurroundings. Proposed activities included use of drama and music to create awareness and presentati<strong>on</strong>s to other students in their schools.A key observati<strong>on</strong> made by the team during the training was the need <strong>for</strong> motivati<strong>on</strong> and mentorship <strong>for</strong> these <strong>child</strong>ren who at a very young age had to face hardship as ac<strong>on</strong>sequence of disinheritance by their relatives. KELIN is committed to engaging its partners to interest them in this idea.3.0 OVERVIEW OF TARGET GROUPThe twenty participants during this training were all adolescent girls and boys between the ages of 14 and 16 years. These <strong>child</strong>ren had previously been disinherited and sent awayfrom their homes al<strong>on</strong>g with their mothers/guardians. The families of these <strong>child</strong>ren had c<strong>on</strong>sequently benefitted from arbitrati<strong>on</strong> within the CSP. Most of the girls at this traininghad also benefitted from a d<strong>on</strong>ati<strong>on</strong> of bicycles from IWP. The purpose of the d<strong>on</strong>ati<strong>on</strong> as menti<strong>on</strong>ed earlier was to mitigate the risk of sexual and other abuse faced by the orphansas they undertake various chores <strong>for</strong> the family and allow them to be able to get to school without further difficulty.The <strong>child</strong>ren were all undertaking high school educati<strong>on</strong> and were all well spoken and could read in both English and Kiswahili. Two participants were invited as representativesof a local community based organizati<strong>on</strong> that mobilized youth involvement in community HIV awareness. The c<strong>on</strong>tent and scope of the training incorporated particular issuesraised during the peer educator clubs <strong>for</strong>med as a result of the bicycle initiative. This guided development of the program c<strong>on</strong>tent and the identificati<strong>on</strong> of suitable local gueststo participate in the trainings.7


4.0 SUMMARY OF WORKSHOP4.1: Introducti<strong>on</strong> and Climate SettingEmily Awuor: Project Assistant, Cultural Structures ProjectCAPACITY BUILDING WORKSHOP ON HUMAN RIGHTS FORCHILD BENEFICIARIES OF THE CULTURAL STRUCTURES PROJECTTo C<strong>on</strong>tentsThe participants introduced themselves by name, age and future career ambiti<strong>on</strong>s. Emily gave them an overview of the cultural structures project and the bicycle initiativeproject.The expectati<strong>on</strong>s of the participants can be summarized as follows:i. To learn about <strong>child</strong>ren’s <strong>rights</strong>ii.iii.iv.vvi.vii.To understand more about HIVTo know how to defend our <strong>rights</strong>Know how to approach issues affecting orphans in the communityTo learn more <strong>on</strong> how to prevent and manage HIV infecti<strong>on</strong>To learn about Human RightsTo learn about health <strong>rights</strong>viii. To understand what reproductive <strong>rights</strong> are <strong>for</strong> teenagersix. To gain legal knowledge to be able to share with other <strong>child</strong>ren4.2: Introductory RemarksMs. Rhoda Nafula: Widow and Beneficiary of the CSPMs. Nafula welcomed the <strong>child</strong>ren to the <str<strong>on</strong>g>workshop</str<strong>on</strong>g> and delivered some brief opening remarks. She explained her interacti<strong>on</strong> with the project as a beneficiary.She explained that she was well settled back <strong>on</strong>to her property and in<strong>for</strong>med the <strong>child</strong>ren of the numerous opportunities that she has enjoyed having been actively involved invarious video and radio advocacy initiatives to raise community awareness. She encouraged the <strong>child</strong>ren to take the invitati<strong>on</strong> to the <str<strong>on</strong>g>workshop</str<strong>on</strong>g> seriously and ensure that they learnas much as they can so that they too can be involved in sensitizati<strong>on</strong> <strong>on</strong> women’s <strong>rights</strong> am<strong>on</strong>gst their peers.She finished by cauti<strong>on</strong>ing the <strong>child</strong>ren to be <strong>on</strong> their best behaviour during their stay at the training venue. She reminded the <strong>child</strong>ren that they were the future and that theywould determine whether negative social prejudices and cultural practices that perpetrate violence and injustice against women and girls c<strong>on</strong>tinue to exist.8


CAPACITY BUILDING WORKSHOP ON HUMAN RIGHTS FORCHILD BENEFICIARIES OF THE CULTURAL STRUCTURES PROJECTTo C<strong>on</strong>tents4.3: ObjectivesThe objectives of the <str<strong>on</strong>g>workshop</str<strong>on</strong>g> were as follows:i. Defining <strong>human</strong> <strong>rights</strong>, <strong>human</strong> <strong>rights</strong> principles and key players in promoti<strong>on</strong> of <strong>human</strong> <strong>rights</strong>.ii.iii.iv.Understanding the legal provisi<strong>on</strong>s in relati<strong>on</strong> to <strong>child</strong>ren, health and HIVIdentifying the general legal and ethical issues raised by HIV in <strong>child</strong>renDiscussing priority c<strong>on</strong>cerns <strong>for</strong> adolescents in reproductive healthv. Demystifying myths about Luo Culture and property <strong>rights</strong>vi.Appreciating your role in advocacy <strong>for</strong> protecti<strong>on</strong> and promoti<strong>on</strong> of health and reproductive <strong>rights</strong> in Children and Adolescents5.0 SUMMARY OF SESSIONS5.1: Introducti<strong>on</strong> to Human Rights and Children’s RightsMelba Katindi: Advocacy and Training Officer, KELINThis module was designed to acquaint the participants with the general understanding of Human Rights, the principles relating to <strong>human</strong> <strong>rights</strong> and the internati<strong>on</strong>al and nati<strong>on</strong>alframeworks <strong>on</strong> <strong>human</strong> <strong>rights</strong>.The important principle of the best interest of the <strong>child</strong> was discussed at length with different scenarios explored with the <strong>child</strong>ren actively voicing their opini<strong>on</strong>s.The group finally discussed how to identify <strong>human</strong> <strong>rights</strong> player including duty bearers and <strong>rights</strong> holders and their roles in the realizati<strong>on</strong> of <strong>rights</strong>.The participants were able to identify the specific <strong>rights</strong> relating to HIV and AIDS and discussed their linkage with HIV and also health. At the end of the module the <strong>child</strong>ren weregiven an outline of the C<strong>on</strong>venti<strong>on</strong> <strong>on</strong> the Rights of the Child (CRC) and the African Charter <strong>on</strong> the Rights and Welfare of the Child (ACRWC).A simple versi<strong>on</strong> of the Children’s Act was shared with the <strong>child</strong>ren and they were asked to compare its provisi<strong>on</strong>s to those in the internati<strong>on</strong>al instruments.9


CAPACITY BUILDING WORKSHOP ON HUMAN RIGHTS FORCHILD BENEFICIARIES OF THE CULTURAL STRUCTURES PROJECTTo C<strong>on</strong>tentsMelba elaborates <strong>on</strong> the principle of the best interesta of the <strong>child</strong>At the end of this sessi<strong>on</strong> the <strong>child</strong>ren participated in a simple crossword puzzle designed by KELIN to engage them in a fun activity to internalize what they had learnt. The winningteam was awarded.5.2: Nati<strong>on</strong>al Laws Protecting the <strong>rights</strong> of ChildrenPeres Migai: Programme Officer, FIDA-KenyaThe aim of this module was to introduce the <strong>child</strong>ren to some basic legal provisi<strong>on</strong>s that protect <strong>child</strong>ren and familiarize them with the various instituti<strong>on</strong>s and procedures ofen<strong>for</strong>cing their <strong>rights</strong> in the case of violati<strong>on</strong>s. The facilitator took the participants through the different sources of Law in Kenya explaining the significance of the C<strong>on</strong>stituti<strong>on</strong>as the supreme law. She explained that because of this provisi<strong>on</strong>, any inc<strong>on</strong>sistencies in other laws including traditi<strong>on</strong>al laws would be unlawful. She also reiterated that parentalresp<strong>on</strong>sibility to provide and care <strong>for</strong> the <strong>child</strong>ren was shared by both parents whether they were legally married or not.10


CAPACITY BUILDING WORKSHOP ON HUMAN RIGHTS FORCHILD BENEFICIARIES OF THE CULTURAL STRUCTURES PROJECTTo C<strong>on</strong>tentsPeris of FIDA enlightens the participants <strong>on</strong> the C<strong>on</strong>stituti<strong>on</strong>al provisi<strong>on</strong> of shared parental resp<strong>on</strong>sibilityDuring the presentati<strong>on</strong>s the participants also had an overview into the provisi<strong>on</strong>s <strong>for</strong> protecti<strong>on</strong> of <strong>child</strong>ren c<strong>on</strong>tained in the Children’s Act and the Sexual Offences Act. Thefacilitator introduced the <strong>child</strong>ren to the Children’s Department and the Children’s Court as key authorities in the protecti<strong>on</strong> of <strong>child</strong>ren.Finally the <strong>child</strong>ren learnt about their right to property and inheritance pointing out that <strong>child</strong>ren cannot legally own property. However the facilitator discussed that suchproperty could be held in trust by reliable adult relatives or the public trustee who is a government representative.The sessi<strong>on</strong> ended with a reminder of the significance of the principle of the best interest.5.3: Healthy Choices in HIV and Reproductive HealthNobert Aketch: Access AID Missi<strong>on</strong>This sessi<strong>on</strong> was structured to encourage the <strong>child</strong>ren to openly and frankly discuss issues around sex and HIV. At the start of the sessi<strong>on</strong> the <strong>child</strong>ren appeared naive andembarrassed to discuss relati<strong>on</strong>ships and sex but as the facilitator engaged them in some ice breakers they slowly begun to relax and open up.The <strong>child</strong>ren all c<strong>on</strong>firmed that n<strong>on</strong>e of them had ever talked about sex with their parents. They noted that the sex educati<strong>on</strong> in school was very theoretical and there was noroom <strong>for</strong> further engagement with the teachers. They expressed their desire <strong>for</strong> more accurate in<strong>for</strong>mati<strong>on</strong> observing that few of them discussed these sensitive issues within theirpeer groups.The sessi<strong>on</strong> begun with a short discussi<strong>on</strong> to understand vulnerability and the circumstances that make girls vulnerable. The facilitator reiterated the importance of abstinence,introducing the <strong>child</strong>ren to the SWAT technique of dealing with unsafe practices.11


CAPACITY BUILDING WORKSHOP ON HUMAN RIGHTS FORCHILD BENEFICIARIES OF THE CULTURAL STRUCTURES PROJECTTo C<strong>on</strong>tentsUsing various role play sessi<strong>on</strong>s the <strong>child</strong>ren were able to apply this technique which involved Saying no effectively, give reas<strong>on</strong>s Why you were saying no, giving Alternatives andTalking it out. He then introduced some basic facts <strong>on</strong> HIV transmissi<strong>on</strong> and how they could protect themselves and others from infecti<strong>on</strong>.5.4: Understanding Luo Culture <strong>on</strong> Property <strong>rights</strong> in relati<strong>on</strong> to Widows and ChildrenElder Asenath Odaga: Culture Expert, Gender and DevelopmentThis sessi<strong>on</strong> enabled the <strong>child</strong>ren to interact with an expert who would help them understand some cultural practices and demystify some myths around various taboos andpractices involving women and girls particularly involving property ownership and inheritance.The facilitator discussed various practices around <strong>child</strong> birth and naming, <strong>child</strong>hood, circumcisi<strong>on</strong> and adolescence, courtship and marriage and death.Mrs. Asenath shares her wisdom <strong>on</strong> property <strong>rights</strong>The participants discussed the practice of wife inheritance with the facilitator explaining that the ritual was aimed at protecting the widow and the <strong>child</strong>ren by ensuring they weretaken care of by the family. She cauti<strong>on</strong>ed the practice has been eroded and misinterpreted through the generati<strong>on</strong>s and is being perpetrated <strong>for</strong> sexual and ec<strong>on</strong>omic exploitati<strong>on</strong>of women and girls.She noted that the current younger generati<strong>on</strong> had an obligati<strong>on</strong> to interrogate and challenge the relevance of these cultural practices in as far as ensuring the <strong>rights</strong> of womenand girls are respected and promoted.12


5.5: Legal and Ethical Issues in HIV and AIDSMelba Katindi: Advocacy and Training Officer, KELINCAPACITY BUILDING WORKSHOP ON HUMAN RIGHTS FORCHILD BENEFICIARIES OF THE CULTURAL STRUCTURES PROJECTTo C<strong>on</strong>tentsThe objective of the presentati<strong>on</strong> was to enable an understanding of the effect of HIV related stigma and discussi<strong>on</strong> <strong>on</strong> various arising issues. The facilitator inquired the <strong>child</strong>ren’sexperience with those suspected to be HIV positive. They identified incidences of rumours, neglect, psychological and physical assaults including name calling.They discussed how most people could not share pers<strong>on</strong>al items with those suspected to be infected and sometimes they <strong>child</strong>ren were <strong>for</strong>bidden to play with other such kids.The facilitator distinguished between stigma and discriminati<strong>on</strong>. She then discussed the impact of stigma <strong>on</strong> HIV preventi<strong>on</strong>, testing and treatment initiatives.The sessi<strong>on</strong> then focussed <strong>on</strong> legal and ethical issues elaborating <strong>on</strong> issues around in<strong>for</strong>med c<strong>on</strong>sent to HIV testing, the process of HIV testing and the obligati<strong>on</strong> to maintainc<strong>on</strong>fidentiality and privacy of test results. The <strong>child</strong>ren were then provided with a simplified versi<strong>on</strong> of the HIV and AIDS Preventi<strong>on</strong> and C<strong>on</strong>trol Act from which they read <strong>on</strong> thevarious acts that amounted to discriminati<strong>on</strong> within the law.5.6: Mechanisms of Child Protecti<strong>on</strong>Jemin K<strong>on</strong>yango: Children’s Officer, Department of Children Services, Nyando DistrictMr. K<strong>on</strong>yango, a local guest facilitator facilitated this sessi<strong>on</strong> to help the <strong>child</strong>ren understand the mandate of the Children’s Department and the Children’s Court as provided <strong>for</strong>in the <strong>child</strong>ren’s Act.Some obligati<strong>on</strong>s of the <strong>child</strong>ren department discussed were its role in ensuring proper registrati<strong>on</strong> and running of charitable <strong>child</strong>ren’s instituti<strong>on</strong>s to ensure the wellbeing of the<strong>child</strong>ren. The department is also resp<strong>on</strong>sible <strong>for</strong> the rehabilitati<strong>on</strong> of and instituti<strong>on</strong>al care of troubled <strong>child</strong>ren, <strong>child</strong> offenders and neglected <strong>child</strong>ren.Mr. K<strong>on</strong>yango noted the rise in incidences of aband<strong>on</strong>ment and neglect of illegitimate <strong>child</strong> born as a result of incest, those suffering from chr<strong>on</strong>ic illness like leprosy and mentaldisability.He then gave an overview of the structure and procedures in the Children’s Court. He explained that the court was set up to ensure that <strong>child</strong> offenders were properly rehabilitated togive them a chance at a re<strong>for</strong>med and productive adult life. He explained that the court was guided with the best interest principle and incarcerati<strong>on</strong> of <strong>child</strong>ren is as a last result.He c<strong>on</strong>cluded by sharing his c<strong>on</strong>tacts and an emergency line where the <strong>child</strong>ren could report any incidences. He warmly welcomed the <strong>child</strong>ren to visit his offices at any time.5.7: Movie Sessi<strong>on</strong>The participants had an evening sessi<strong>on</strong> where they watched a two hour movie that highlighted various issues they had learnt all day in relati<strong>on</strong> to HIV. They were able to identifyvarious legal and ethical issues raised by the characters and identify various discriminatory acts and proposed possible soluti<strong>on</strong>s of how they would deal if faced with similarscenarios.13


5.8: Creative Sessi<strong>on</strong>: Communicating with other youthOndeng Nancy: Regi<strong>on</strong>al Project Coordinator, KELINCAPACITY BUILDING WORKSHOP ON HUMAN RIGHTS FORCHILD BENEFICIARIES OF THE CULTURAL STRUCTURES PROJECTTo C<strong>on</strong>tentsNancy gave the participants some useful tips in story telling encouraging them to use their experiences as powerful weap<strong>on</strong>s to raise awareness <strong>on</strong> issues facing the youth.They were guided through expressing their understanding of <strong>child</strong>ren’s <strong>rights</strong> through poetry, drawing, painting, short story, games, quizzes, s<strong>on</strong>g and dance.The <strong>child</strong>ren were in<strong>for</strong>med about the importance of using interactive skits and role play which tend to make people learn more quickly and permanently especially when activelyprocessing new in<strong>for</strong>mati<strong>on</strong>.She reminded them that the creati<strong>on</strong>s must depict real life situati<strong>on</strong> from what they had learnt.Nancy of KELIN guides the participants <strong>on</strong> effective storytellingRepresentatives from a local youth group discussed the use of drama and role plays <strong>for</strong> communicating important issues to the youth. The <strong>child</strong>ren also proposed communicatingmessages through poems, s<strong>on</strong>g and dance suitable <strong>for</strong> teenagers in school and around their homes.That evening the <strong>child</strong>ren prepared various per<strong>for</strong>mances and presented them during a recap sessi<strong>on</strong> <strong>on</strong> <strong>on</strong>e of the mornings.14


CAPACITY BUILDING WORKSHOP ON HUMAN RIGHTS FORCHILD BENEFICIARIES OF THE CULTURAL STRUCTURES PROJECTTo C<strong>on</strong>tentsA group of <strong>child</strong>ren per<strong>for</strong>m a skit depictingvarious <strong>human</strong> <strong>rights</strong> violati<strong>on</strong>s likely to beexperienced by women and girls within theirfamilies. The message in the play warned aboutagainst n<strong>on</strong>-educati<strong>on</strong> of the girls, dominance ofthe husband’s decisi<strong>on</strong>s including demanding <strong>for</strong>compulsory testing <strong>for</strong> HIV.Shar<strong>on</strong> Wanga narrates a short story abouta boy who was curious to know about whereAIDS came from. And sought the wisdom of hisgrandfather whom he felt was best placed toaddress his c<strong>on</strong>cerns.6.0 WAY FORWARD AND ACTION PLANAt the c<strong>on</strong>clusi<strong>on</strong> of the <str<strong>on</strong>g>workshop</str<strong>on</strong>g> the <strong>child</strong>ren recommended more active involvement in community awareness and sensitizati<strong>on</strong> <strong>on</strong> traditi<strong>on</strong>al attitudes and cultural practicesthat infringe of the <strong>rights</strong> of <strong>child</strong>ren. They developed a plan of activities <strong>for</strong> their involvement.Acti<strong>on</strong> / activity educati<strong>on</strong>al skit Where school By whoWhenParticipants from Nyando,Nyakach, Muhor<strong>on</strong>i,Kab<strong>on</strong>doRead and share the materials received FamilyAllMay and Juneat the trainingFriendsSchoolRaise community awareness Nyakach Cultural day Nyakach and Kab<strong>on</strong>do August andSeptember15


CAPACITY BUILDING WORKSHOP ON HUMAN RIGHTS FORCHILD BENEFICIARIES OF THE CULTURAL STRUCTURES PROJECTTo C<strong>on</strong>tentsParticipate in media awarenessLocal radio stati<strong>on</strong>Social mediaAllDecemberThe third world war has come,Africa, Asia and Europe, all are cryingBlessed are the upright, <strong>for</strong> they shall escape,But the foolish, I shall divorce and hail them to the graveI’m the mystery; I’m like a pyth<strong>on</strong>,Prepare you, slim you, be<strong>for</strong>e I swallow youSelecti<strong>on</strong>s I make not, rich, poor, young and old alikeMy tools are razor and needle but the biggest of all is sexual c<strong>on</strong>tactBoys and girls, sex is not <strong>for</strong> you,Men and women, be faithful to each otherPoem Recited By Faith Awuor during the creative sessi<strong>on</strong>:7.0 TRAINING METHODOLOGYThe facilitati<strong>on</strong> of the <str<strong>on</strong>g>workshop</str<strong>on</strong>g> was guided by the resp<strong>on</strong>ses during an evaluati<strong>on</strong> prior to the training. The participants received maximum opportunity <strong>for</strong> learning through aparticipatory learning process including structured presentati<strong>on</strong>s, case studies and group work.The presentati<strong>on</strong>s were made through Power-Point, flipcharts, video clips and handouts. The recap sessi<strong>on</strong>s were designed to be fun and engaging incorporating customizedcrossword puzzles, role plays, poetry, s<strong>on</strong>g and dance.Evening activities and movie sessi<strong>on</strong>s with KELIN’s Emily kept the <strong>child</strong>ren occupied together throughout the residential training.16


8.0 CHALLENGESCAPACITY BUILDING WORKSHOP ON HUMAN RIGHTS FORCHILD BENEFICIARIES OF THE CULTURAL STRUCTURES PROJECTi. The heavy rains were a big inc<strong>on</strong>venience during the <str<strong>on</strong>g>workshop</str<strong>on</strong>g>. This caused a cancellati<strong>on</strong> of all flights to Kisumu delaying the Advocacy and TrainingOfficer’s arrival by a whole day. We had to work late into the evening to make up <strong>for</strong> lost time.To C<strong>on</strong>tentsii.iii.The training venue experienced regular power shortage and the slow preparati<strong>on</strong>s <strong>for</strong> a back-up generator interfered with some visual presentati<strong>on</strong>s andvideos.Acquiring simplified versi<strong>on</strong>s of all the relevant statutes was a challenge9.0 RECOMMENDATIONSi. Future planning <strong>for</strong> trainings should factor in seas<strong>on</strong>al occurrences like the weather, planting or harvesting and school holidays so as to benefit frommaximum attendance. We have learnt that residential <str<strong>on</strong>g>workshop</str<strong>on</strong>g>s would be the preferred opti<strong>on</strong> within this regi<strong>on</strong>.ii.iii.Development of IEC material in simple English packaging brief in<strong>for</strong>mati<strong>on</strong> <strong>on</strong> all the relevant legal provisi<strong>on</strong>s <strong>on</strong> <strong>human</strong> <strong>rights</strong> in relati<strong>on</strong> to HIV should bec<strong>on</strong>sidered <strong>for</strong> use by <strong>child</strong>ren and community members. This will especially be useful in their c<strong>on</strong>tinuous advocacy and community awareness ef<strong>for</strong>ts.C<strong>on</strong>tinuous engegement with the <strong>child</strong>ren <strong>on</strong> community mobilizati<strong>on</strong> initiatives around <strong>child</strong>ren’s <strong>rights</strong> and career mentorship.17


APPENDIX 1: PROGRAMCAPACITY BUILDING WORKSHOP ON HUMAN RIGHTS FORCHILD BENEFICIARIES OF THE CULTURAL STRUCTURES PROJECTTo C<strong>on</strong>tentsCAPACITY BUILDING WORKSHOP ON HUMAN RIGHTS FOR CHILD BENEFICIARIES OF THE CULTURAL STRUCTURE PROJECT(CSP)Royal City Hotel and C<strong>on</strong>ference, in Kisumu County, from 28 TH to 31 ST May 2012Objectives• Defining <strong>human</strong> <strong>rights</strong>, <strong>human</strong> <strong>rights</strong> principles and key players in promoti<strong>on</strong> of <strong>human</strong> <strong>rights</strong>.• Understanding the legal provisi<strong>on</strong>s in relati<strong>on</strong> to <strong>child</strong>ren, health and HIV• Identifying the general legal and ethical issues raised by HIV in <strong>child</strong>ren• Discussing priority c<strong>on</strong>cerns <strong>for</strong> adolescents in reproductive health• Demystifying myths about Luo Culture and property <strong>rights</strong>• Appreciating your role in advocacy <strong>for</strong> protecti<strong>on</strong> and promoti<strong>on</strong> of health and reproductive <strong>rights</strong> in Children and AdolescentsWORKSHOP PROGRAMDate Time Sessi<strong>on</strong> Proposed FacilitatorTuesday 24/04/2012 8.00 – 9.00 a.m. Arrival and Registrati<strong>on</strong> Emily Awuor: KELIN9.00 – 9.15 a.m. Introducti<strong>on</strong> and Welcome Remarks Rhoda Nafula: Widow and Beneficiary of the CSP9.00 – 9.30 a.m. Pre-training evaluati<strong>on</strong> Emily Awuor: KELIN9.30 – 10.30 a.m. Module 1: Introducti<strong>on</strong> to Human Rights (meaning: history: characteristics: general principles: underlying principles: <strong>human</strong> <strong>rights</strong> abuses and violati<strong>on</strong>s, <strong>human</strong> Melba Katindi: KELIN<strong>rights</strong> relating to HIV)10.30 – 11.00 a.m. Tea Break11.00 – 12.45 p.m. Module 2: Rights of Children in Internati<strong>on</strong>al InstrumentsOverview of The C<strong>on</strong>venti<strong>on</strong> <strong>on</strong> the Rights of the Child (CRC) & The African Charter <strong>on</strong> the Rights and Welfare of the Child (ACRWC)Melba Katindi: KELIN12.45 – 2.00 p.m. Lunch Break2.00 – 4.30 p.m. Module 3: Overview of the legal system in Kenya and nati<strong>on</strong>al Laws protecting the <strong>rights</strong> of Children Peres Migai: FIDASupremacy of the C<strong>on</strong>stituti<strong>on</strong> of KenyaUnderstanding the provisi<strong>on</strong>s in the Children’s ActOther relevant Provisi<strong>on</strong>s in the Sexual Offences Act, Law of Successi<strong>on</strong>, Employment Act, HIV & AIDS Preventi<strong>on</strong> and C<strong>on</strong>trol Ac t)4.30 – 5.00 p.m. Health BreakEND OF DAYWednesday 25/04/2012 8.00 – 9.00 a.m. RECAP Emily Awuor: KELIN9.00 – 10.30 a.m. Module 4: Healthy choices in HIV and Reproductive HealthNobert Aketch: Access Aid Missi<strong>on</strong>About HIV and AIDS (Modes of transmissi<strong>on</strong>, how HIV works in the body and its progressi<strong>on</strong> to AIDS, Comm<strong>on</strong> misc<strong>on</strong>cepti<strong>on</strong>s, Treatment C<strong>on</strong>trol andManagement, stigma and discriminati<strong>on</strong>), Sexual and Reproductive Health Rights (The realities of youth sexual behaviour, Reproductive health in<strong>for</strong>mati<strong>on</strong>,Sexual and Reproductive health <strong>rights</strong>, Access to Services)10.30 – 11.00 a.m. Tea Break11.00 – 12.45 a.m. Module 5: Legal and Ethical Issues in paediatric HIV (The HIV and AIDS preventi<strong>on</strong> and c<strong>on</strong>trol Act, 2006: C<strong>on</strong>sent; Testing; C<strong>on</strong>fidentiality; Research; culture; Melba Katindi: KELINgender)12.45 – 2.00 p.m. Lunch Break2.00 – 4.00 p.m. Creative Sessi<strong>on</strong>: Expressing your understand of <strong>child</strong>ren’s <strong>rights</strong> through Poem/ Drawing/ Painting/ Short Story Nancy Ondeng: KELIN4.30 – 5.00 p.m. Health BreakEvening 6.00 - 7.30 p.m.Movie NightEND OF DAYThursday 26/04/2012 8.00 – 9.00 a.m. RECAP and Presentati<strong>on</strong>s of the Creative Sessi<strong>on</strong> Nancy Ondeng: KELIN9.00 – 10.00 a.m. Module 6: Understanding the Luo Culture and Property Rights Asenath Bole Odaga: Cultural Expert10.00 – 11.00 a.m. Module 7: Mechanisms of <strong>child</strong> protecti<strong>on</strong> – (Child Offenders: Children in need of care and Protecti<strong>on</strong>: The Children’s Department and the Children’s Court) Mr. K<strong>on</strong>yango: Children’s Officer - Nyando DistrictDepartment of Children’s Services10.30 – 11.00 a.m. Tea Break11.00 – 12.00 p.m. Role of Advocacy in realizati<strong>on</strong> of <strong>human</strong> <strong>rights</strong> (definiti<strong>on</strong>, comp<strong>on</strong>ents, principles of effective advocacy) Melba Katindi: KELIN12.00 – 1.00 p.m. Way Forward and Advocacy Plan of Acti<strong>on</strong> Nancy Ondeng: KELIN1.00 – 1.15 p.m. Post-Training Evaluati<strong>on</strong> Emily Awuor: KELIN1.15 – 1.30 p.m. Closing Remarks Kasuku Kalolo: ElderEND OF WORKSHOP18


APPENDIX 2: LIST OF PARTICIPANTSCAPACITY BUILDING WORKSHOP ON HUMAN RIGHTS FORCHILD BENEFICIARIES OF THE CULTURAL STRUCTURES PROJECTTo C<strong>on</strong>tentsNO NAME GENDER ADDRESS1. Ouma Faith F Luanda2. Ouma Arnold M Muhor<strong>on</strong>i3. Kevin Odiwuor M Karachu<strong>on</strong>yo4. Alex Owino Cod M St Mark Nyabara5. Yv<strong>on</strong>ne Akinyi F 1136 Kisumu6. Okoyoh Molyne F 145 Nyakach7. Sams<strong>on</strong> Odhiambo M 138 Nyakach8. Fredrick Otieno M Kibigori- 118 Miwani9. Oginga Mathlida F Muhor<strong>on</strong>i10. Rosemary Adhiambo F Muhor<strong>on</strong>i-11. Wycliffe Okello Kola M Withur Sec<strong>on</strong>dary School12. Shar<strong>on</strong> Akinyi Wanga F Kochogo High13. Winnie Anjela Okute F Agai High School14. Caroline Oloo F Kochogo High15. Beryl Auma Adoyo F Karachu<strong>on</strong>yo16. Molly Okumu F Nyando17. R<strong>on</strong>ald Odhiambo Abuto M Ahero18. Mercy Odera F Nyando19. Jarim Ochieng M Kab<strong>on</strong>do20. Beatrice Awuor Rasto F Nyakach21. Nobert Aketch M Kisumu22. Peris Migai F Kisumu23. Asenath Odaga F Kisumu24. Jemin Onyango M Kisumu25. Melba Katindi F KELIN26. Nancy Ondeng F KELIN27. Emily Awuor F KELIN19

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