The Informal Settlement in Kenya and Other Developing Countries - Research Paper Example

Abstract This paper evaluates and investigates the issues pertinent to informal settlement in developing countries. It reviews the reports on the state of informal settlement with a close look at Kenya. The population of the informal settlers and its composition is studied with a view to establishing gender imbalances. Central to this paper are the causes of the development of informal; settlements in most developing countries and the stakeholders who can be able to right the wrong. The available solutions to the problem of informal settlement are analysed. Keywords: Informal settlement Slums Land ownership Security of tenure Land rights Introduction One of the great issues that have arisen in the world economy is the alarming rate of growth of informal settlement in most urban centers. The situation is even escalated in developing countries especially in Asia, Africa, South America and the Caribbean. Informal settlement is any kind of settlement from which the inhabitants do not enjoy the standard of life they envisage or are entitled (Huchzermeyer and Karam 2006). Consequently, the inhabitants will lack most of the necessities required for a good living. This leads to low standards of living. Informal settlements are generally unplanned and usually have insecure or non-formal property ownership system with regard to land ownership. The land tenure system in informal settlements do not guarantee security. Such settlements lack government participations in most social activities and services. The result of this laxity in participation is the absence of such basic services and infrastructure that the inhabitants require. Plainly speaking, the informal settlements do not meet the mainstream’s government budgeting and attention. Consequently, inhabitants of informal settlements face discrimination from residents in the other segment of settlement, which is occasioned by their low standard of living. However, it is worth noting that population of informal settlement keep rising due to lack of education and knowledge in family planning methods since the government does not make efforts to inform and educate the inhabitants. This situation leads to competition for the few resources that could be available for the inhabitants (Koppen, Giordano and Butterworth 2007). As informal as the settlements may be, they are not as temporary as we may think. However, not in the government’s planning and budgeting, the settlements do not just appear over a brief time but lasts for a relatively long time. Others last for very many years. Some of the informal settlements inhabitants have formed communities due to by lack of resource and have thus constructed their settlement from cheaply available materials. Some of the settlements occur due to land speculation. Causes of Informal Settlement Various factors come into play to result to the massive informal settlements we encounter today. It is not due to one single factor that informal settlements, popularly known as slums, develop. Economic conditions, lack of government interventions, policies and speculations on some benefits are the key reasons for the growth in such settlements (Putting the urban poor on the map 2000). Following massive rural to urban migration, which is a key feature in developing countries, there is population pressure for the facilities in town. Usually, the jobs which the migrating population anticipate to get are never there or sufficient for all of that population. However, this population will struggle to do any activity to earn a living. The effect of this is a large proportion of the urban population who are low-income earners. The sharp contrast and disappointment that awaits such people is the high cost of land and housing which leaves them with option of conglomerating into informal settlements with the hope of getting better jobs and moving on or even a resettlement program by the government. The urban population is growing at a faster rate than the government plan can accommodate. This results into competition for the available resources leading to high cost of land, housing and other related resources. Since the costs keep soaring up everyday while income continue being elusive for the unemployed, most people are not able to attain some desirable life thus the conditions in the informal settlements (Koppen, Giordano and Butterworth 2007).. The other factor, which actively facilitates the development of informal settlement, is lack of responsibility from government and its urgency. Most governments in the developing countries such as Kenya do not have prior urban planning and land management policies. This results in fringe land that is not planned and thus provides an avenue for the v development of informal settlement. A vivid example of such a scenario exists in the Kenya’s nairobi- Kibera slums where land along the railway line reserve was not adequately protected by legislation, which allowed the settlement of the informal settlement, which has been encroaching, into other areas. Thirdly, most societies in the developing countries do not have proper policies for integrating the low-income earners socially into their ranks. The low-income earners find themselves isolated and in the fringes of the society. Eventually, they integrate into the informal settlement where they seem to be finding a sense of belonging. Despite various efforts by urban authorities to provide social amenities for their residence, their resources in developing countries prove to be inadequate (Putting the urban poor on the map 2000).. The authorities are unable to provide basic services such sewer management, water and garbage collection. With the accumulation of garbage and other wastes in unexpected areas, there is the growth of such informal settlement especially for street families. Lack of such basic facilities results into poor living conditions characteristics to informal settlement. With the ever increasing urban population against little or inadequate resources, the informal settlements are continually increasing as noted in Kenyan slums where the slum population has been rising exponentially since the last decade of the 20th century (Koppen, Giordano and Butterworth 2007).. In developing countries, of which Kenya is an example, there is a lot of development activities witnessed from private investors. As a result, there is an irresponsible subdivision of the available land by such landowners. They fail to consider proper land use, which end up taking up facilities in the adjacent areas leading to growth of informal settlements. Despite all the challenges leading up to development of informal settlement, the largest proportion of the causes can be attributed to the respective governments. In Kenya for example, there are legislations with regard to housing and land ownership or land tenure. However, the enforcement of such legislations has not been done effectively (Koppen, Giordano and Butterworth 2007). The government seems weak to implement such legislations and guidance to curb the growth of the informal settlements. Further, massive corruption and cases of land grabbing which has led to loss of land which was initially planned for housing and provision of recreational facilities such as playing grounds and rest park in areas that now turn to be informal settlements. The policies are not implemented and irresponsible development by private landowners is not curtailed. Land Ownership system and poverty as Links to informal Settlement Insecure land ownership systems that are characteristics of informal settlements can be attributed mainly to poverty. The poor in urban centers in the developing countries such as Kenya opt for insecure land tenure systems for immediate advantages and benefits they derive from them. It is their only way to accessing land and ensuring low housing expenditure which is synonymous to their low income (Putting the urban poor on the map 2000). However, the benefits come at a price for the informal settlement dwellers. Poor standards of living characterized by poor waste disposal and poor sewer and drainage facilities resulting into deteriorating health conditions. The situation of residents of informal settlement has been put into perspective by studies on their socio-economic situation. Such studies indicate a clear correlation poverty levels, tenure status and availability of basic services. The most significant factor in the development of informal settlement in most urban cities is the insecure land tenure systems. The informal settlement in these urban cities such as Nairobi defines their poverty levels. The extent of such informal settlement can adequately map the poverty levels in such economies. Evidently, poverty and insecure tenure systems worsen the economic conditions of urban canters. Due to insecure tenure, residents are discouraged from undertaking activities which would improve their environment and enhance living conditions. There is fear to inverst heavily in the housing facilities and drainage due to uncertainty and lack of permanence in the settlement. Mobilization of resources becomes difficult towards any attempts to improve living conditions in the slums. Investment is kept off due to the insecure tenure, which does not offer any guarantee. Due to the insecure tenure, authorities are unable to formulate and implement long term planning. This hinders development programmes for shelter for the urban poor. Investors keep of from engaging their resources in such unpredictable conditions leading to deeply entrenched poverty and social alienation (Putting the urban poor on the map 2000).. The most affected groups in the society due to insecure land tenure systems are the children population and women, who seem not to be able to survive in the negative atmosphere created in the informal settlement. The government is also faced with the challenge of poor tax recovery from such insecure tenure and property ownership (Somerville 2007). Further, there is difficult in cost recovery for services offered to such areas, which is the main reason why most investment projects avoid such areas. Nonetheless, security of tenure is one of the effective strategies that authorities can turn to in order to alleviate poverty in informal settlements. If this condition can be turned into secure tenancy, then the condition will ultimately transform into an adequately impressive one where people will have the confidence to plan and invest in the provision of services in such areas. For example, in Kenya, land is the primary avenue for generating income where agriculture is a source of income and sustenance for both rural and urban dwellers. In order for the inhabitants of the informal settlements to come out engage in production of supplements for their consumption, they must have confidence on the ownership of land, which they use. Squatter dwellings are also prevalent in Kenya, which resulted from the scheme ptr5ogram in the sugar belt, tea zones and sisal farming areas. The settlers in those areas also lack the security of tenure making it difficult for them to engage maximally on agricultural production activities (Koppen, Giordano and Butterworth 2007). The result of such non-commitment is low production of poor quality, which cannot sustain the population. The end result is continued poverty and underdevelopment in most of the agricultural regions of the country. Therefore, if proper measures are taken to provide legitimate land to the informal settlement dwellers where they will have the confidence and mandate to utilize the land from, then poverty levers will fall. There are efforts in Kenya and other developing countries to upgrade slums in urban centers. However, these are not the only informal settlements the government is faced and so more informal (squatter) settlements in rural areas should be addressed to increase food production and alleviate poverty (Somerville 2007). Sadly, though, the government is reluctant to provide the necessary and basic services to the informal settlement as they take it as an acknowledgement of the existence of such settlement. Consequently, the government of Kenya through its slum-upgrading program has opted to provide secure land tenure in such areas to enhance their development (Putting the urban poor on the map 2000). Life in the informal settlements has become extremely expensive since most people pay more for services they obtain from vendors such as water. The cost of commuting has become higher than for other city dwellers since the informal settlements are far off town. Further, the living conditions make the residents of the informal settlements to be susceptible to diseases, which serve to raise their medical costs annually. Gender Issues in Informal Settlement In Kenya today, the urban slum population is well over 50% of the total urban population. Of this population, less than 5% can access clean safe drinking water while over 63% do not have access to adequate toilet facilities. A critical look at the composition of population in informal settlement reveals quite astonishing and agonizing issues where women and children are the majority followed by men in the distant. Further, the number of women headed homes are on the rise most of the informal settlements especially slums in urban centers. With the above-discussed disadvantages experienced in informal settlements, it is possible to imagine the kind of suffering those women and children go through in their daily lives. More women and children suffer due to vulnerability to diseases and lack of proper medical care as well as the lack of sanitation facilities (Somerville 2007). Women have become more at risk due to policies in Kenya related to land and property ownership, a situation that has led to more women finding themselves in the informal settlements. Customary laws and traditional societal cultures have ensured that women do not access (inherit) or own land except for through male relatives such as in marriages. However, for the woman to successfully own land, it must be based on good social and marital relationship with both the husband and his extended family relations. The most biting aspect of this trend is that most women population in Kenya entirely depends on land (Agriculture) for their livelihood, a situation that has resulted from historical trends where emphasis of education was laid on the male child leading to the marginalization of women. With the poverty index in Kenya being seriously high where over 57% of the population live below the international established poverty line, a good number of women fall in this category. Women are pushed into the cities due to various push factors among which, the inaccessibility to land is the leading. Once in the slums, the women find themselves in the situation where they can only access housing in the informal settlements of the slums leading to increasing number of women headed households (Somerville 2007). Today, women headed households in Kenya who are squatters account for over 70% of the total households. Out of this population, 25% are victims of land deposition due to a stronger male chauvinist society. Factors Contributing to Increasing Number of Women in Informal Settlement Forced Evictions Most women who find themselves without land and therefore end up in informal settlements are victims of forced evictions. These occur when upon the death of their husbands, the in laws forcefully evict the women because they do not belong to the family and should therefore return to their people (parents) after the deaths of their husbands. More deaths have been witnessed due to the HIV/AIDs pandemic resulting to more evictions in cases where the husbands die. Other customary beliefs and traditions also lead to the eviction such as when the husband marries second or subsequent wives in cases of polygamous culture. The marrying of other wives could have been occasioned by the inability of the woman to bear children, which will in this case present her as an outcast (Lasserve and Royston 2012). This situation is worsened by the fact that this woman is not also entitled to inherit land from his parents and is considered to have changed residence. Women are the property of the man and so cannot own property, not even land. From the moment the man pays dowry for the woman, she becomes his property and treated with such low recognition to the point where they are not expected to be part of decision making in land issues and production. Armed conflicts and state planned forced evictions also affect most women due to their vulnerability. Women headed households do not have access to credit for the purchase of land and processing of legitimate housing. The requirement is that they have the barking of a male partner to offer guarantee of their ability to finance such credit facilities. Registration of Land through Husband From time immemorial, women have been left the role of household managers while been kept away from the issues of land access and ownership. Such was the definition of traditional cultural setup in most Kenyan communities that has its impact to date. This situation was made worse by the individualization and adjudication of land tenure by the Kenyan government. When land was registered in the name of household heads (men), women were technically left out of land ownership. This did not offer legal security of tenure to women hence being vulnerable and becoming landless where men could sell the family land without their knowledge or consent. Upon death of the husband, the land is divided among the husband’s heirs, which include the extended family without considering the welfare of the woman. This is because the land becomes part of the deceased’s estate and thus must be shared as so. If it were jointly registered, the land would belong to the woman. Discriminatory laws and policies Though today most countries have made efforts towards providing all inclusive legislations to address issues of land ownership some still accommodate negative customary laws which are discriminatory. The customary laws and cultural practices, which are upheld by the constitution of Kenya, make it difficult for women to register land in their names and so cannot inherit property such as land (Williams 2007). This only serves to pave way for more landless women in informal settlements. Although there are situations where there can be joint registration of land, this can only be accessed by the wealthy and well educated women who still have to live up with the stigma developed in the society. Women risk being branded outcasts if they attempt to own land. Reason for tackling the problem of informal settlement The negative effects of informal settlements are easily understood without being blown out of proportion. Overcrowding, lack amenities and social facilities coupled with insecurity and poverty are evident impact and characteristics of informal settlement. The overall impact of these features on the economy and humanity are far reaching and which must be mitigated thus the reason for tackling the problem of informal settlement. When the Kenyan government tackles the problem of informal settlement, it will go along way in reducing poverty and enhance proper governance to citizens who currently inhabit such parts. Since the inhabitants of the informal settlement are considered to be of the low social class and ethnic minority, the government will be able to enhance ethnic integration and balance if the situation of slum dwelling is solved (Lasserve 2002). This population will be able to access the necessary services they currently lack, interact with people from other ethnicity and appreciate the importance of ethnic diversity. Further, the problem of informal settlement lead to deteriorating health standards caused by health hazards resulting from lack of adequate and treated water, poor sewer and drainage facilities and garbage disposal. More people are at risk of become homeless due to poor land tenure system and legal legislations on property ownership (Somerville 2007). Therefore, if the problems of informal settlement are to be addressed then more gains will be made and the society or the country will acquire economic stability and sustainable development in the urban centers. However, the challenges are enormous and will take a considerable amount of effort over a long period of time if success is to be achieved. All the stakeholders must play their part in the process and show adequate commitment necessary to realize the goal of reducing or eliminating the informal settlements such as the one in Nairobi’s Kibera slum. Solution to the problem of informal settlement in developing countries The solution to the problem of informal settlement can be provided through joint participation of all the stakeholders in the society. There should be an active realization of the role of sound policies towards ensuring security of tenure. Further the traditional and customary custodians of law should understand the necessity to breakaway from cultural beliefs and enhance a better society for them, their children and the future generation. The government as the policy organ and law should formulate policies which can live up to the requirements of the 21st century, implement the policies effectively and be an active participant in mitigating and alleviating slum dwellings in the country. Discriminatory laws, which bar women from owning land and similar titles, should be eliminated while financial institutions should be encouraged to offer credit to women. There are basic services, which the government should undertake to provide to its citizens regardless of whether their residence is legitimate, or not. Water and garbage disposal as well as sewer and drainage management are key areas, which result into increased government expenditure in medication. The government should take charge to manage such and avoid the unnecessary cost of sick and unproductive labor (Tacoli 2012). It is even cost effective on the low-income earners if the services of water and electricity were provided through government efforts to avoid contamination and unnecessary overhead costs established by unscrupulous vendors. In the course of planning for urban dwellers, the government should consider the proportion that is represented by informal settlements and adequately plan for them. Further, more efforts should be made to offer some form of security of tenure to enhance development of facilities due to increased confidence level of the investors and the residents. This will ultimately improve the quality of services, increase production especially agricultural and reduce overhead expenditure in the acquisition of services. The process of legitimizing land ownership will also ensure creation of jobs while alleviating dependency which most families’ battle with. The government should collaborate with other non-governmental organizations and humanitarian groups to advocate for the poor and disadvantaged groups like women to get proper legal services and education on their rights to own and manage property (Somerville 2007). Informal settlement dwellers should be made to understand the negative effects of settling in such areas and the hidden costs, which they incur unknowingly, should be brought to their attention to make them understand the need to get out of those places. Finally, in the case of slums in the city, the government and stakeholders should actively engage in the slum engagement programs to ensure successfully implementation and reduction of slum area. The result of such efforts will include reduced medical costs on the government and residents improve quality of labor and reduction in insecurity threat posed by such settlements. The government should also avoid forced evictions and provide alternative settlement where such evictions must be done due to reasons of national importance, security and development. Conclusion The issue of informal settlement in Kenya and other developing countries is a great challenge that has been growing annually. In Kenya, informal settlement is considered to grow at 5% annually due to forced evictions, customary issues, private developers and poor land tenure policies. The proportion of these informal in urban centers result to growth of slums while in rural areas, they result into squatters. Consequently, land becomes wasted since most dwellers and investors fear to develop the said land due to insecurity of tenure (Somerville 2007). Poor living conditions result due to lack of facilities such as drainage, sewer, medical services, water and income. The most vulnerable and increasing affected people are women who cannot own land and thus become squatters or slum dwellings who must survive in those harsh conditions. Usually, slums report increasing number of women households and children. They consequently become a haven for crime where criminals target such population due to their vulnerability and government’s negligence of their affairs. Deaths and rapes are common cases of crime reported mainly targeted at women and the girl child. Through proper policies and enforcement strategies, the government will be able to reduce the size and the proportion of its population who go into informal settlement to seek for cheap land affordable to them and alternative housing. References Darity, W, A, 2008, International encyclopedia of the social sciences (2nd ed.). Detroit, Mich.: Macmillan Reference USA. Huchzermeyer, M, & Karam, A,2006, Informal settlements: a perpetual challenge?. Cape Town: UCT Press. Koppen, B, C, Giordano, M & Butterworth, J, 2007, Community-based water law and water resource management reform in developing countries. Wallingford, UK: CABI. Lasserve, A, 2002, Holding their ground secure land tenure for the urban poor in developing countries. London: Earthscan. Lasserve, A, & Royston, L, 2012, Holding Their Ground Secure Land Tenure for the Urban Poor in Developing Countries.. Hoboken: Taylor and Francis. Putting the urban poor on the map: an informal settlement upgrading methodology supported by information technology,2000, Nairobi, Kenya: United Nations Centre for Human Settlements (Habitat). Somerville, K, J, 2007, Strategic transnational practices: Social implications and family relationships in an Indian community. New Delhi: Cengage. Tacoli, C, 2012, Urbanization, gender and urban poverty: paid work and unpaid carework in the city. London, UK: Human Settlements Group, International Institute for Environment and Development ;. Williams, D. G. (2007). Participatory approaches for planning and construction-related assistance in settlement upgrading and expansion: the roles of tripartite actors and other stakeholders. Geneva: ILO. Read More