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HIV/AIDS and the Land Issue in Kenya
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2.1 Profile of the Respondents
- All of the respondents were Christians, and the majority were in the age group of 19-29 years. Twenty (20) of them were in employment and all were literate with 13 of them having at least 13 years of formal schooling.
- Sixteen (16) of the respondents were male and 14 were female. Seven of the key informants were male: 5 female. Nineteen (19) of them were married; 7 single and 3 widowed, with six in polygamous unions (Bondo). All of the female-headed households () were in Nyeri. The average household size in Bondo was 4.5: in Nyeri 5.5.
2.2 Land Ownership & Access
- Portion of land ranged from 0.5-2 acres in Nyeri, and 0.75-20 acres in Bondo. The average size was 0.9 acres in Nyeri and 5.5 acres in Bondo. Most respondents were engaged in agricultural activities: 18 in subsistence and 12 in mixed farming (subsistence and cash crop).
- Decision making with regard to the use of land lay with men and then sons. Fathers (12 cases) determine land rights: disposal (5) and access (26).
- The authority to make decisions was derived from the fact of ownership of land, according to the respondents.
The Impact of HIV/AIDS on the Land Issue
Economic: loss of jobs and income; decreased finances due to hospitalisation and medication, and care of PLWAS. Social: Stigmatisation: disintegration of families; increased burden of social systems because of rising number of orphans. Vicious cycle of poverty.
Land: Not much buying and selling: leasing. Most respondents said nobody had inherited land (automatic customary process). Large tracts of land are untilled.
Food Security: Worsened by pandemic ( & leasing).
Conflict/Disputes: Greatest potential in orphaned children. More common response from key informants.
Impact on Vulnerable Groups
- Women and children are most marginalised concerning HIV/AIDS and Land: inheritance is predominantly patriarchal, and women may be sent away. Orphans of single women are most vulnerable.
- Women also bear the burden of care giving: this places the girl child in a precarious situation. Women suffer most from stigmatisation as they are blamed.
- Orphans: most disadvantaged, as guardians and custodians take advantage of vulnerability: there is lack of direct land rights for children.
Policy
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There has been little attention paid on HIV/AIDS and Land at the policy and programme levels. There are no laws governing HIV/AIDS and inheritance: neither has the land issue been covered in HIV/AIDS policy.
- There is lack of policy to guide the protection of minors and their rights to property and land, particularly in HIV/AIDS related deaths.
- There is need to revisit the policies on Land, Food Security and the rights to property in the context of HIV/AIDS, from a gender perspective.
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