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http://www.britannica.com/eb/article-9047986/levirate

 

LEVIRATE

Encyclopedia Britannica

 

Levirate - Custom or law decreeing a dead man's brother to be the preferred, and in rare cases the mandatory, marriage partner of the widow. The term comes from the Latin levir, meaning “husband's brother.”

 

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http://www.internews.org/prs/2006/20061127_kenya.shtm

My Dead Husband’s Land:
AIDS Widow’s Struggle for Her Rights

(November 29, 2006) An Internews Network documentary premiered Tuesday, November 28 on the South African Broadcasting Corporation’s most prestigious documentary television program, Special AssignmentMy Dead Husband’s Land tells the story of an HIV-positive widow, Betty Tom, and the transformation of her community on the shores of Lake Victoria in Kenya.

“At Orongo village, women of the Luo ethnic group are using the AIDS epidemic to positively transform their culture, in a fashion as yet unprecedented in Africa. It is a tale of endurance, courage and love,” says film director Mia Malan, Senior Health Journalism Advisor for Internews Network.

Video excerpt from My Dead Husband's Land: Click to website and then click arrow in lower left below screen:

http://www.internews.org/prs/2006/20061127_kenya.shtm

The film crew visits the home of Betty Tom, whose husband died of AIDS three years ago. Betty is in her mid-twenties – the average age of Orongo’s new generation of widows – and was chased off her husband’s land after his death because she refused to be inherited.  But she has since managed to convince her in-laws that she has the right to own land and choose who she wants to take as her partner. Today Betty lives on the same compound with her in-laws and is the legal owner of her husband’s land.

Betty is not alone. Every widow at Orongo, whether HIV-positive or not, now has the right to refuse to be inherited. Moreover, they have defied tradition by starting to write wills so that their children will have legal access to their land in the future.

Today women from all over Kenya and neighboring countries such as Uganda and Tanzania visit Orongo village to learn to advocate effectively for their rights. 

According to Kenya’s ministry of health, in Orongo village, on the outskirts of Kisumu in the west of Kenya, one out of four people are HIV-positive. Up to five men die of HIV-related illnesses each week in the district, leaving behind many widows and orphans.

“The men die first,” says Florence Gundo, of the Orongo Widows and Orphans Group. “They die because they’re in denial of AIDS … The women acknowledge the virus and go for tests, which makes them live longer.” 

Culture and its proponents prevent Luo women from inheriting and owning their deceased husbands’ land and properties. The widows themselves are deemed property and are often “inherited.” They are forced to marry male relatives, usually brothers-in-law, according to an ancient custom known as ‘ter’. But the women of Orongo are emerging victorious in a battle against practices they consider oppressive and cruel.

And, remarkably, they put their success down to AIDS, which has revolutionized Luo culture at Orongo. Widows and elders have joined hands to successfully fight the practice of ter, arguing that widows with HIV could infect their “inherited” husbands.

A South African viewer was so moved by the film that she decided to send gifts to ten of the women at Orongo village, of whom some are featured in the film, writing in an email to film director Mia Malan, “What an incredible example those women set, for all women and ‘humanity’ in general!"





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