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Methodological and conceptual issues in researching the implications of HIV/AIDS for land policy

3. ANALYTICAL FRAMEWORK (For land policy purposes).

  • Crisis – consequences (see table)
  • People with a direct or indirect land interest
  • Institutional structures and responses (see table)
  • Support structures
  • Land tenure/use including cropping (see table)
  • Opportunity identified by protagonist.
People with a direct or indirect land interest identified by protagonist
What are their rights, responsibilities, interests, motivations, opportunities, threats, needs?

Husband’s first wife (not in picture)
Husband’s child by first wife (not in picture)
CN’s two sons (different paternal relationships)
CN’s two brothers-in-law
CN’s mother-in-law
Buyer of piece of the land
CN’s friends and relatives (undifferentiated in the narrative)
Hired field labour
Renter of land

Institutional structures and responses (see table)

How can these be modified/improved/changed/strengthened to address crises?

Support structures identified by protagonist

How can they be supported, augmented, complemented by state institutions and policy initiatives?

Relatives (in area)
Friends (in area)
TASO
Paternal grandfather and family of one son
Local voluntary women’s association

Land tenure/use including cropping (see table)

What are the policy implications and issues raised by these developments?

Opportunities/alternatives identified by protagonist

How viable are these opportunities – costs and benefits? If they offer real alternatives, how could they be supported or developed?

Sale of land (loss of finite asset and on-going source of livelihood)
Rental of land
Hiring of labour
Alternative, less labour-intensive crops (soil-depleting)
Trading kiosk (start-up capital)
Purchase of alternative land for son (sale of her land; lack of buyers)

CRISIS CONSEQUENCES INSTITUTIONAL RESPONSE LAND TENURE/USE POLICY ISSUES
CRISIS 1
Infection. death of husband		 Threats from in-laws
Stripping of domestic goods plus goats
Court case
Financial & emotional costs		 LC3 court supported her rights in goods and land but unable to enforce return of goods. Land rights of wife
Land and asset ‘grabbing’ by husband’s family		 INHERITANCE PRACTICES/NORMS.
ENFORCEMENT OF LOCAL LEVEL COURT RULINGS.
LEGAL AID.
CRISIS 2
CN HIV+ & hospitalised		 Unable to work her land
Unaffordable hospital bill		 Hospital not fully public; billed her although at subsidised rate Agriculture neglected HEALTH CARE.
WELFARE.
AGRICULTURAL SUPPORT
CRISIS 3 & 4
Sale of some land - challenged by in-laws		 Loss of part of asset
Threats from in-laws
LC action across 2 districts
Financial & emotional costs		 LC3 system supported her but unable to get in-laws to come forward. Land sale
Challenge to patrilineal inheritance norms		 INHERITANCE PRACTICES/NORMS.
ENFORCEMENT OF LOCAL LEVEL COURT RULINGS.
LEGAL AID.
WELFARE.
CRISIS 5
Fear of in-laws		 Rental of room elsewhere
Unable to work her land effectively
Financial and emotional costs.		   Agriculture neglected INHERITANCE PRACTICES/NORMS.
WELFARE.
AGRICULTURAL SUPPORT
CRISIS 6
Court action by in-laws		 High court summons in other district – 4 appearances.
Financial and emotional costs.
Unable to work her land as effectively.		 High Court unable to enforce in-laws’ participation. Agriculture neglected DISTRICT COURT SYSTEM.
LEGAL AID.
WELFARE.
AGRICULTURAL SUPPORT
CRISIS 7
Arrest for failing to settle hospital bill		 Arrest + imprisonment overnight.
Worry over unsettled bill.		 Hospital not fully public. Prison   HEALTH CARE
LEGAL SYSTEM FOR DEBTORS
LEGAL AID
WELFARE
CRISIS 8
Unable to afford medical treatment		 Unable to attend local hospital
Clinics don’t supply treatment
Unable to afford travel to TASO.
Not taking medicine regularly.		 Hospital not fully public
Resources of clinics
TASO not enough local centres		 Agriculture neglected HEALTH SYSTEM
WELFARE
CRISIS 9
Unable to work land effectively		 Hiring labour
Dependence on family & friends
Renting part of land
Overutilisation of land
Financial costs		 No information obtained on local agricultural extension services Productivity decline
Land rental
Soil depletion		 AGRICULTURAL EXTENSION?
ALTERNATIVE PRODUCTION
LABOUR SAVING DEVICES
WELFARE
CRISIS 10 & 11
Son’s schooling at risk		 Dependency on relatives
Oldest son unable to complete secondary schooling – future compromised.
Younger son behind in school and completion of schooling unlikely – future compromised.		 Secondary schools fee-paying
Primary schools – state schools are free but additional costs including boarding.		   SECONDARY SCHOOL FEES + COSTS
PRIMARY SCHOOLING COSTS (FEES. COVERED BY STATE)
WELFARE
CHILD SUPPORT (PATERNAL)
ADULT EDUCATION & TRAINING
EMPLOYMENT OPPORTUNITIES
CRISIS 11(future)
Sons’ inheritance		 Future welfare of especially youngest son uncertain Local Council seen as supporting in-laws’ claim to land on death of widow.   INHERITANCE NORMS AND PRACTICES
WELFARE
CHILD SUPPORT (PATERNAL)
CRISIS 12
No funds to start trading 		Confined to farming sector
Health further compromised		 No information obtained on local credit/micro-finance opportunities & SME support   WELFARE
CREDIT
SMALL BUSINESS SUPPORT

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