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INFORMATION Ta USERS INFORMATION Ta USERS This manuscript has been repraduced from the microfilm master. UMI films the text directly from the originel or copy submitted. ThuI, sorne thesis and disHrtation copie. are in typewriter face, while othe,. may be from any type of computer printer. The quallty of th,. rwproduetlon •• cIe..nclent upon the qu.11ty of the copy submitted. Broken or indistinct print, caIored or poor quality illustrations and photographs, print bleedthrough, subatandard margina, and improper alignment can adversely atrect reproduction. ln the unlikely .vent that the author did nat send UMI • complete manulcript and there are miuing pegel, the.. will be noted. AllO, if unauthorized copyright material h8d ta be rernoved, a note will indicate the deletion. Oversize material. Ce.a., maps, drawing., marli) are reproduced by sectioning the original, begimina al the upper 1eft-h8nd comer and continuing front left ta riaht in equal sections with small avertapa. Phatographs indudect in the oriainal manuscript have been reproduced xerographically in thi. copy. Higher ~Iity 8- x 9" black and white photographie prints .,. aYlli18b1e for .,y photographs or illuatnltionl &ppe8rina in this copy for an additionlll charge. eontact UMI directly to arder. Bell & HoweIIlnfonn8tion and ~ming 300 North leeb Rc.d, Ann Arbor, MI 48108-1348 USA 800-521-0800 REGULARIZATION OF TENURE AND HOUSING INVESTMENT: THE MISSING LINK? A CASE STUDY OF TWO SQUATTER SETTLEMENTS IN TRlNIDAD AND TOBAGO Véronique Bélanger Institute ofComparative Law McGill University, Montreal September 1998 A thesis submitted to the Faculty ofGraduate Studies and Research in partial fulfilment ofthe requirements ofthe de~eofMasterofLaws C Véronique Bélanger 1998 National Library BibliothèQue nationale 1.1 afCanada du Canada Acquisitions and Acquisitions et Bibliographie SeNices services bibliographiques 385 Wellngton StrMt 385. rue Wellington Ottawa ON K1A 0N4 Ottawa ON K1A 0N4 can.da c.n.da The autbor bas granted a non­ L'auteur a accordé une licence non exclusive licence allowing the exclusive permettant à la National Library ofCanada to Bibliothèque nationale du Canada de reproduce, loao, distnbute or sell reproduire, prêter, distribuer ou copies ofthis thesis in microfo~ vendre des copies de cette thèse sous paper or electronic formats. la fonne de microfiche/film, de reproduction sur papier ou sur format électronique. The autbor retains ownership ofthe L'auteur conserve la propriété du copyright in this thesis. Neitber the droit d'auteur qui protège cette thèse. thesis por substantial extracts from it Ni la thèse ni des extraits substantiels may he printed or otherwise de celle-ci ne doivent être imprimés reproduced. without the author's ou autrement reproduits sans son pemuSSlon. autorisation. 0-612-50922-2 Canadl ABSTRACT In arder ta address problems caused by widespread squatting, the government of Trinidad and Tobago bas recently introduced legislation which grants a leasehold tille ta squatters on State lands, subject to certain conditions. The adoption ofsuch regularization measures rests on the beliefthat granting squatters legal tille ta the land they occupy, and thus providing them with security oftenure, will create an incentive for squatters ta invest in their dwellings and in their community, and will facilitate access ta credit. This thesis critically examines these assumptions, bringing ta bear on this reflection the results of a survey conducted in two squatter settlements in Trinidad. In sa doing, it explores the raIe oflawin development and, further, it questions the capacity oflawto guide and modify social behaviour. i RÉsUMÉ Afin d'apporter une solution aux problèmes causés par l'expansion de l'occupation illégale des terres publiques, le gouvernement de Trinidad etTobago a récemment adopté un projet de loi visant à régulariser la tenure des squatters sur les terres de ('État par l'octroi, à certaines conditions, d'un titre foncier. L'adoption de mesures de régularisation foncière dans les établissement squatters est fondée sur la prémisse suivante: 1~ obtention d·un titre foncier dans la parcelle qu'ils occupent e4 par conséquent, d'une sécurité foncière, encouragera les squatters à investir dans leur logement et dans leur communauté, et leur facilitera l'accès au crédit. À la lumière des résultats d'un sondage effectué dans deux communautés squatters de Trinidad'l la présente thèse examine cette prémisse d'un point de vue critique. Ce faisant, elle explore le rôle du droit dans le développement et, en particulier, remet en cause la capa­ cité du droit de guider et de modifier les comportements sociaux. ü ACKNOWLEDGEMENTS Let me first acknowledge the tinancial support provided to me, generally, by the Fonds pour la Formation des Chercheurs et l'Aide à la Recherche (FCAR) and, for my field­ work, by the Canadian International Development Agency (CIDA). 1owe my largest debt ofgratitude to Jane Matthews Glenn.. my thesis supervisor, whose guidance and encouragement have been constant -- ever since our first meeting when she, thankfully, foresaw what 1could barely discem, mucb less express. Her comments and suggestions bave been invaluable; without ber 1would not he where 1am today, but most importantly, 1would never have made thisjoumey. Many professors and colleagues at the Faculty ofLaw of McGill University have provided advice and encouragement at various stages ofthis project: Richard Janda, Jeremy Webber.. and Roderick Macdonald were particularly inspiring. When [ decided to venture away from the law school, 1was lucky enough to fmd a friendly and stimulating welcome from McGill's Department ofAnthropology. Laurel Bossen provided mucb needed advice on the methodological aspects ofmy project. Thanks are also due to Jeanne M. Wolfe, direc­ tor ofthe School ofUrban Planning, in particular for her help during the initial stages ofthe project. 1spent six fascinating months in Trinidad and many people contributed, in various ways, to making this tinte bath fruitful and enjoyable. 1 would like to thank: Asad Mohammed and Hugh Robertson for supporting my project, particularly atthe funding stage; Ricley Harris, my field assistant, for his clear insights and great sense ofhumour; the staffof the Squatter Regularization Unit for their advice and patience; Tim Mooleedhar and Ivan Laughlin for sharing information and advice; the librarians in the main library at the Univer­ sity of the West Indies, in particular those in the West Indiana Collection, for their help; Wayne Huggins, Angelique Philips Balbosa and MarissaClarke Marshalls, staffand students ofthe Planning and Development Programme, for theirhelpful suggestions, and theirfriend­ ship. 1wish to offer special thanks to Roslyn Williams and her family for welcoming me into their homes and their beans and for teaching me to love Trinidad. My family and friends often tease me about my frequent travels. But it is because 1 feel secure in their love and support that 1 fmd the strength and confidence to spread my wings. 1thank them for this. Finally, 1would like to express my gratitude to the residents ofF1atland Settlement and Hillcrest Road who 50 willingly shared their stories with me. 1hopc that their dreams of peace and security will come truc. iü At home with the land secure't the house \vas going up slowly. The foundation had been cast, the walls put up and it stood uncovered't a shell ofconcrete't ugly, cramped, the tiny rooms like little cells~ with the opening for windows and doors, 100king like a public urinal. But it was on its way. Earl Lovelace't Salt TABLE OF CONTENTS INTRODUCTION 1 1. Bousing in the Developing World 1 2. Bousing in Trinidad and Tobago. .............................. .. 2 3. Tenure RegularizatioD ........................................ .. 7 PART 1: SQUATTING IN TRlNIDAD ................................. .. 13 1. POST-EMANCIPATION SQUATTING .•••.••••.•••••....•..•.••...•••..•. 14 1. Plantation EconolDY ......................................... .. 14 2. Prolifention ofSquatting ..... .............................. .. 17 Il. INDUSTRIAL SQUATTING .•...••.••.............•.•.•••.•...•.•..•• •• 24 1. Industrialization ............................................ .. 24 2. State Raponse to Squatting 29 lU. RECULARIZATION: THE LEGISLATIVE FRAMEWORK ...•.•••....•••.•••• 34 1. Regularisation ofTenure (State Lands) Act, 1986 34 2. 1992 Proposais for AlDendmenu to the 1986 Legislation ........... .. 38 J. State Land (Replarisation olTenure) BiU ...................... .. 42 PART II. THE IMPACT OF REGULARIZATION 51 1. FIELDWORK .•........•........•......•.•..•.•.•.•..............•. 51 1. Metbodol&)" 51 2. Description 01 Sites 53 a) Flal/andSell/ement 54 b) Hil/crest Raad 59 B. RESULTS AND ANALYS'S ••••••...••••••••• .•••••••••..•.•••••.••.• •. 64- 1. Faeton InflueDciDl HousiDg InvataleDt ........................ .. 64- a) Prospect ofRegularization 67 v b) Securily ofTenure 70 (i) Public Discourse and Public Action 71 (ii) Access to Information 76 c) Economic Factors 77 d) Cultural Factors 81 2. Effects ofRegularization ..... .. ... ............. .. 86 a) Regu/arization and Development 86 b) Regu/arization and the Importance ofOwnership 87 c) Regu/arization and Dispute Resolution ......................... .. 90 d) Regu/arization and Politica/ J\lanipu/ation ...................... .. 93 e) Regularization and Citizenship 95 3. Regularization and Exclusion 96 a) The Exclusion ofRlegal Immigrants ........................ .. 96 b) The Exclusion ofthe Poorest Squatters ........... ............. .. 98
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