Law, Custom and the Investment Climate for Women Entrepreneurs in Africa Nairobi, Kenya, November 16-17, 2009 Workshop Agenda (Provisional Oct 27) Monday, November 16 | | | Time | Activity | Discussion Leaders/ Resource Persons | 8:30- 9:00
9:00- 9:30 | Registration Welcome and opening remarks | John Zutt (World Bank, Country Director for Kenya) | | | | | 9:30 - 10:15 | Session I: “Expanding Economic Opportunities for Women in Africa” Overview of World Bank Regional Study ¡ Presentation of findings; identification of gaps ¡ Aims of Workshop and Roles of Participants | Mary Hallward-Driemeier
(World Bank) | | | | | 10:15 - 11:00 | Presentation of the Gender, Law and Business Database ¡ Data sources and topics covered ¡ Principal findings Issues raised | Ms. Jane Kamangu (World Bank) Ms. Emilia Lobti (World Bank) | | | | | 11:00- 11:30 | Coffee/ Tea Break | | | | | | 11:30 - 12:30 | Session II: Navigating Different Legal Systems What is the relationship between customary law and statutory law? How does it affect women’s economic rights? ¡ Constitutional and statutory recognition of customary law ¡ Which prevails? Who decides? (legal and practical considerations) ¡ “Repugnancy test”: implications for application of customary law. ¡ Importance of religious laws for business: Sharia and the protection of the economic rights of women. ¡ Trends in courts’ treatment of customary law Implications for equality of women’s economic rights | Dr. Winnie Kamau (Law Faculty, University of Nairobi, Kenya) Mr. George Ochichi (Law Faculty, University of Moi, Kenya) Moza Jadeed (Private Consultant) | | | | | 12:30-1:30 | Lunch | | | | | | 1:30 - 2:30 | Session III: Securing Women’s Property Rights and Access to Productive Resources and Finance Family Law ¡ Importance of family law for business. ¡ Ownership and distribution of property during marriage, upon divorce, or death of a spouse (matrimonial regimes). ¡ Discriminatory provisions in family laws with respect to the right to control and dispose of family and matrimonial property. ¡ Implications for control of resources, collateral and access to finance | Ms. Tinyande Kachika (Malawi) Ms. Regina Mutyaba (Uganda) Dr Wahome Gakuru (Equity Bank, Kenya) | | | | | 2:30 - 3:30 | Land laws: ¡ Statutory and customary challenges in ownership, access, management, use, and disposal of land for business purposes. ¡ Strengths and limitations of tenure systems (communal vs. individual). Statutory recognition of communal land tenure systems and gender-based inequality in provisions and practices governing land ownership and use. ¡ Challenges of using clan land or family land as collateral. ¡ Alternative forms of collateral; alternative forms of financing | Honorable Lady Justice Margaret Oguli (High Court, Uganda) Ms. Justine Mirembe (Rwanda) Ms. Utti Mwang'amba (Tanzania) | | | | | 3:30-4:00 | Coffe/ Tea Break | | | | | | 4:00-4:45 | Labor laws: Employment regulations and practices ¡ Review of national labor laws. ¡ “Protective restrictions on female employment.” ¡ Maternity/family leave and other provisions. Labor market Discrimination: Equal Rights to work and pay. | Ms. Gloria Ndekei
(ILO) | | | | | 4:45- 5:30 | Business regulations: Gender blind, but gender neutral? ¡ Registering a business; obtaining licenses and permits; enforcing contracts; engaging in cross-border trade ¡ Time and costs of compliance Interactions with officials: how big a constraint are harassment and/or unofficial payments? Are women softer targets? | Ms. Mavis MacCarthy
(Ghana) | | | | | 5:30- 6:00 | Summary Discussion of Issues Raised During the Day Emerging Themes for Group Work on the Second Day | | | | | | Evening | Group Dinner | |
Tuesday, November 17 | | | Time | Activity | Discussion Leaders/ Resource Persons | 9:00- 10:00 | Session IV: Business Decision-Making: Opportunities and Constraints Voices of Women Entrepreneurs ¡ Key challenges – gender dimensions? ¡ Strategies for addressing constraints ¡ Effects of customs in practice ¡ Cultural views about women as successful business people or entrepreneurs Implications for business opportunities, networking, market access. | Mr. Ben Kiragu (Head of Enterprise Development, Kenya Gatsby Trust) (to be confirmed) Ms. Winnie Gitau (Kenya) | | | | | 10:00- 11:00 | Advocacy, Women’s Organizations, Women’s Voices in Public-Private Dialogue ¡ Participation of women in business institutions and policy making ¡ Gender issues in public-private dialogue (PPD) ¡ Effective advocacy for judicial, legal and business regulation reforms | Dr. Maggie Kigozi (Executive Director, Uganda Investment Authority) Ms. Eva Muraya (Vital Voices and Kenya Association of Women Business Owners) Ms. Marilyn Nguemo (Strategies!, Cameroon) | | | | | 11:00 - 11:30 | Coffee/ Tea Break | | | | | | 11:30- 12:30 | Session V: Access to Commercial Justice Alternative dispute resolution ¡ Relationship with traditional justice systems. ¡ Jurisdictional issues. ¡ Process challenges: time, costs, procedural requirements, language barriers. ¡ Small claim courts/ mechanisms. Women’s presence/voice in the legal system. | Ms. Jane Kiragu (Satima Consultants, Kenya) Mr. Michael Murungi (National Council for Law Reporting, Kenya) | | | | | 12:30 - 1:00 | Discussion of Issues Raised | | | | | | 1:00-2:00 | Lunch Break | | | | | | 2:00 - 3:30 | Session VI: Toward a Gender- Responsive Business Environment Group Work on Law, Property Rights and Business. Groups Organized to discuss an action agenda around: Family Law and Business / Land Rights and Business / Labor and Employment / Intersections between Statute and Custom Key Tasks of the Groups in Each Area ¡ Role and importance of law reform. ¡ Identify case studies/examples of gender-informed laws/practices. ¡ Role of courts, parliament, business assoc., religious & other leaders. | | | | | | 3:30 - 4:00 | Coffe/ Tea Break | | | | | | 4:00- 5:00 | Reporting on Group Work Outcomes ¡ Best practice reforms ¡ Priority Action Agenda | | | | | | 5:00-5:30 | Next Steps and Closing Remarks | |
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