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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
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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 c) The Exclusion ofWomen 101
CONCLUSION 105
BIBUOGRAPHY 108
MAPS AND DRAWlNGS
Map 1: Urbanization Patterns 4 Map :%: Loeation ofReseareh Sites ...... 54 Map 3: Drawing ofFlatland SeUlement 57 Map 4: Drawing ofBillerest Road ...... 61
vi REGULARIZATION OF TENURE AND HOUSING INVESTMENT: THE MISSING LINK?
A CASE STUDV OF TWO SQUATTERSETTLEMENTS INTRINlDAD AND TOBAGO
INTRODUCTION
1. Housing in the Developing World
Third World cities have in the last decades experienced a dramatic increase in their population. 1 In less-developed regions. the percentage ofthe population living in urban areas has increased from 15.6% in 1950 to 31.2% in 1985.2 The World Bank further estimates that in low- and middle-incorne countries, the total urban population increased tram 557 million in 1965 to 1.8 billion in 1990, a three-fold increase.3 Although rates ofurban growth have recently tended to slowdown in certain regions ofthe world, urbanization remains one ofthe most significant processes of change in the Tbird World." The trend towards increased
A. Gilben & J. Gugler. Cilies. Poverty and Development: U,banization in the Thi,d World. 2d ed. (Oxford: Oxford University Press, 1992) al6 [bcreinafter Cilies. Poverty andDevelopment].
2 Lcss-dcvcloped rqions include. accordina to the World Bank dcfinition, the whole world cxcept for Europe, the United s~ Canada. Japan, Australi. and New Zcaland./bid. at 8.
3 A.Gilbert."Thini World Citics: TbeChanlÏDc National ScttIcment System"(1993) 30:4-5 UrbanStudies 721 at 722 [hercinafter"Tbird World Cities'1.
Ibid. 2
urbanization bas been felt inthe Caribbean basinas weil, where the urban population increas ed from 33% in 1950 ta 45.8% in 1970 and ta 56.5% in 1985.s
The population increases experienced by Third World cities bave putenonnous pres sures on existing infrastructures and bousing markets. The influx ofmigrants coming fram the countryside and, in some cases, from neighbourlng countries, as weil as the natura! increase ofthe urban population, overextend the capacity ofthose cities to satisfy the basic physical needs oftheir populations: shelter and access ta urban services such as drinking water, electricity, drainage, sewerage and garbage disposaI. Indeed, the provision ofadequate shelter, particularly for low-income populations, constitutes one of the major challenges facing Third World cities.
Research done in the past decades has clearly shown the incapacity of the fonnal sector to provide enough housing to meet the demand. In fact, it is estimated that it rarely produces more than 20% orthe needed housing stock.6 Moreover, the discrepancy between supply and demand affects low-income population most severely. This situation bas led to the creation ofan informai housing sector whicb, in facl, caters ta the vast majority ofthe urban population in Third World Cities.
2. HousÎng in Trinidad and Tobago
The twin...island Republic ofTrinidad and Tobago lies at the southemmost tip orthe Lesser Antilles, 18 km offthe coast ofVenezuela. Trinidad bas a land area of4,830 km2
2 while Tobago, which lies 23 km to the north east ofTrini~ bas a land area of300 km • s It should be notcd, howcver. that in Latift America lIIld the Can"bbean. urban growth bas slowed down in recc:nt years. The rate ofurbanization in Ibis regiOft bas deaeased fiom 3.9% betwecn 1965 and 1980, to 3.0% between 1980 and 1990. Cilies. Poverty andDevelop",,'. supra note [ at 8.
6 R. Stren & P. McCamey, Urban Researclt inlhe Developing Wo,ld: Towards anAgenda/orlite 1990s Major Repon No. 26(Toronto: Centre for Urban and Community Studies, University ofToronto, 1992). 3
Although now a unitary State, the islands of Trinidad and Tobago have had different historical experiences and have developed along ditTerent patterns. While there are squatters in Tobago, the focus ofthe present thesis is Trinidad.
Urbanization, which sorne commentators have described as being "generally out of control," is one orthe most important social processes at play in Trinidad today.7 According to United Nations estimates, approximately 69% ofthe population ofTrinidad and Tobago
DOW lives in urban areas, which represents over SOO,OOO people out ofa total population of 1.2 million; this proportion could reach S2°~ by the year 2020.&
There are three areas ofurbanization in Trinidad. The frrst is the Capital region which includes Port-of-Spain and the East-West Corridor, an urbanized belt which stretches across the island, along the foothills ofthe Northem Range. This region, which provides 60% ofall employment, is highly urbanized and densely populated. Most political and administrative decision-making is centralized in Port-of-Spain.9 The second area is centred around the city ofSan Fernando and stretches both north and south along the west coast ofTrinidad; most ofthe oil industry is concentrated in this region. A third region, the Western Caroni, which includes the sugar belt towns ofChaguanas and Couva, is populated by workers employed
7 O. Conway, 4"rinidad and Tobago" in R. B. Patter, cd., Urbani%Qtion. Planning andDevelopment in the Caribbean (London: Manscll, 1989) 49 al SO [hereinafter "'Trinidad and Tobago'; J. Matthews Glenn &. J. M. Wolfe, "The Growth orthe [nformal Sector and Replarisation ofSpontaneous Development Lessons ftom the Caribbean for Planning Law Refonn" (1996) 18:1Thini World Planning Review S9 al61 [hereinafter4'heGrowth orthe [nfomal Sector"].
a G. T. Kingsley et QI.• UrbanizQtion in tire Caribbean: Prospects andManagement Pr;orities (Kingston, Jamaica: USAIDflbe Urban [nstitute, (990) al31.
9 Govemment ofTrinidad and Tobago (GOTr), Hou.ring andSettlements in Trlnit/QdandTobago (Port-of Spain: MinistJy ofHoUSÎng and Settlements, (996) al 10 [hcreinafter Housing andSettlements); "The Growth of the lnfonual Sector", nlpra note 7 al61; W'frinidad MdTobago", supra note 7 al64. 4
by the sugar industry and the Pt. Lisas industrial estate. This area is growing rapidly and its density could exceed that ofthe East-West Corridor in the next twenty years. 10
UrbanizatioD Patterns 1. East-West Corridor 2. West Caroni 3. San Fernando Region
Patterns ofhuman settlement in Trinidad are constrained by the island's topographi cal features. 57 % of the total land area of Trinidad and Tobago consists of natura! and secondary forest and swamps; 34% is devoted to agriculture orbas been reserved for it; and only 9% contains bullt development. 11 Urbanization patterns are also influenced by the fact
tO Housingand Senlements, ibid al 9--10.
Il L. Hewitt. KA Critica1 Rcvicw ofStatc Involvemcnt in Housing in Trinidad and Tobago" in R. B. Potter & O. Conway ~ eds.~ Self-Help Horaing" lhe Poor and,.Siale in lhe Carlbbean (Knoxville: University ofTennes sec Press and The University ofthe WestIndics Press. 1997) 141 al 143 [haeinafter KA Critical Review"); Housing andSen/ements, ibid. al6. 5
that 52% of the total land area of Trinidad and Tobago is owned by the State (53% in Trinidad and 34% in Tobago).I:!
Like elsewhere in the Third World., Trinidad's formal sector has not been able to pro vide enough llousing units to meet the demand and the deficit is particularly acute in the case oflow-income populations. According to recent studies, between 50% and 80% ofthe popu lation cannot gain access to the formal housing market either because they cannat obtain sufficient credit or because they are simply too poor to afford any ofthe housing alternatives offered in the fonnaI market. 13 This housing deficit is not likely to disappear: it is estimated that between 420/0 and 80% ofthe present demand for housing is for low-incorne groups.'" This has led to the growth ofan informal housing sector. IS
The informai housing sector, in its widest sense., includes ··all [housing] development that does not conform to the applicable development regulations and standards. "16 It is a fonn ofhousing developrnent which, at least to sorne extent., falls outside the reach ofState law. It may include various tyPeS of illegality: sorne affect the process ofacquisition of land., others affect the process ofurbanizatioo (the process by which land use is changed from oon-
12 O. Sranfield & N. Singer. "Introduction" in o. Stanfield " N. Singer. eds.• Land Tenure and the Manag ement ofLandResources in Trinidadand Tobago. vol. 1(Madison: Land Tenure Center. University ofWisconsin Madison. (993) at 3.
13 '1be Growth ofthe Informa! SeC1or". supra note 7 al 63.
14 Housing andSelllemenlS. supra note 9 al 36; T. Mooleedhart "Currcnt Approaches to Seulements Oevel· opmenl: Squauer Regularization" in O. Stanfield k N. Singer. eds•• Land Tenure and the Management ofLand Resources in TrinidadandTobago t vol. 2 (Madison: Land Tenure CentertUniversity ofWisconsin·Madison. (993) 491 al 49[ [bercinafler "Current Approachesj. IS 41leGrowth ofthe lnformaJ Scctor".supra note 7. Sec also C.A. Pembcrtont"A Review ofUncontrolied Settlements in Trinidad andTobago" (1986) 20: 1Journal ofthe Association ofProfessionai Engineers ofTrinidad and Tobago 9; A. Saxe. "Urban Squatters in Trinidad: The Poor in a Mass Soc:iety" (M.A. Thesis. Brandeis Univenityt 1968) [unpublished). Forexamplcs tiom otherCaribbcan islands. sec: L. A. E~ "The Shantytowns ofMontego Bay. Jamaica" (19n) 62:3 Oeographical Rcvicw 394; G. Hansan. "Shantytown Stage Development: The Case ofKingstont Jamaica" (PhD. Tbesist Louisiana State University. 1975) [unpublisbed].
16 "TheOrowdl ofthe Infonnai Scctor". ibid.. .61-62. 6
urban to urban uses), others still affect the physical characteristics ofdwelling and land, such as violations ofplanning, constructionorenvironmental standards. 17 Recent studies estimate that as much as 78% ofnew housing development in Trinidad and Tobago faIls outside the reach ofthe law, including planning and environmentallegislationand property Law, to sorne degree. ll
In TrinidacL one ofthe most important and most visible manifestations ofinformai housing development is the phenomenon ofsquatting. Squatters are people who settle on private or public land, without legaI tide or authority. It is generally estimated that there are at Least 50,000 squatting househoLds in Trinidad and Tobago, halfon private land and half on land belonging either to the State or to State agencies. 19 The number ofsquatting house holds multiplied by 4.4, which is the average household size in Trinidad and Tobago accord mg to 1990 Census data, results in a total squatter population ofover 200,000 people. This amounts to approximately 15% ofthe total population of 1.2 million.:!O Not surprisingly, squatting bas become a pressing social, economic and political issue.
17 A. Varley. "'Settlement.llIegality. and Legalization: The Need for Reassessment" in P. Ward, cd., Corrup lion. Del1elopmenl and Inequality (London: Routledge. 1989) 156 at 160 [hereinafter "'Settlement.lIIegaiity. and Legalizationj.
"The Growth orthe InformaI Sccto~. supra note 7 at 62; PAoca IL Laughlin and Associates Limited, Review ofShellerandLand Developmenl PoUcy: LandandHousing Marlœt SlUdy- LandandHousing Regulalion (Pon-ot:Spain: Ministry ofHousing and Scttlement. 1993) al 22.
19 G017, Repon oflhe Comminee on Regularization ofTenure onSlale lDnds (port-ot:Spain: Ministry of Housing and Settlements, (992) al 2 [hcreinafter ReportoflheCommiltee on Regularizalion ofTetrUre]; D. Bro~ P. Jacobs IL T. Mooleedhar, "Exploring the Morphology ofInfonnal Settlements with a View to Regularization" (Fifth International Resean:h Conference on Housing, Montreal, 7-[0 July (992) [unpublishcd); D. Pantin IL A. Mohammed, The DundonaldHill Estale in Urban Por/-of.spain. Tr;nitlDdandTobago: ACase SlUdy inSusla;nable Developmenl (Pon-of.Spain: Caribbcan Conservation Assœiation. 1994) al Il [hen:inafter The Duntionald Hill Erlale].
20 G017, 1990 Populalion andHousing Cen.nu. Vol. YIl: Householdr andHousing Report (Port--of-8pain: Central Statistical Office, (994)[hereinafter 1990 Population andHousingCensus. Vol. Yll]; The DundonaldHill Eslale, ibid. al 11. 7
3. Tenure Regularization
The present governmentofTrinidad and Tobago, which came into office in 1995, bas acknowledged the critical raie played by bousing and viable settlements in the development process. 21 As part ofacomprehensive housing and settlements POHcy. which includes various initiatives aimed at improving the management ofland resources and supporting community projects in the housing sector, the govemment has decided to address the problem of squatting through the regularization of squatters on State lands. In the wake ofprevious attempts to establish the legislative framework needed to implement a regularization poHcy, the govemment recently introduced in the House of Representatives the State Lands (Regularisation ofTenure) Bill. The purpose ofthis legislation is to grant a leasehold titlen ta squatters on State lands, subject to certain conditions. Although there are many squatters on private land in Trinidad, the State Lands (Regularisation a/Tenure) Bill deals exclusively with squatters on State lands, as does the present thesis.
Regularization is the legaI process whereby squatters are granted formaI tenure to the land they occupy.23 The basic argument in favouroftenure regularization is that by granting squatters legal title to the land they occupy, and thus providing tbem with security oftenure, regularization creates an incentive for squatters to invest in their dwelling and in their
21 Housing andSelllemenlS. supra noie 9 al 28.
22 Trinidad has a Common Law lcgal system which it inberited from the EngJish colony.
23 One may tind various definitions ofthe notion of"replarization" in the literature. In particular~ the tenn is sometimes given a broader meaning, which includes bath physical aspects ofsettlemat upgrading, for example the provision and/or upgrading ofservices and infiastrue:tures~ as weil as the transfer offonnal ride. As [ explain in the following pages~ the purpose ofthis thesis is to examine the IOle ofthe Iqal factor in the development of squaltersettlements; thU5~ [ have adopted a narrow definition ofthe tenn which refers here only tathe legal transfer ofride to squatters. 8
community, and facilitates access to credit.24 Through self-help initiatives aimed at improv ing housing, infrastructure and the environment, squatters are invited to become majoractors in the development oftheir communities. Ultimately, regularization programmes are meant to increase the living standards ofsquatters.
Pursuant to this reasoning, the absence oflegal tenure constitutes a barrier to invest ment and hinders the development ofsquatter settlements. [t is assumed that without regul arization, squatters do not invest sufficiently in their housing and their community because they fear that they will he removed from their land and lose their investment. Granting squatters legal title to their land is meant to alleviate that fear and to stimulate development within squatter settlements. The purpose ofregularization is thus to transfer land occupied by squatters from the informai to the formalland market and to transform squatting land into private property, fully commodified and free from hindrances and encumbrances which supposeclly impede its development. The rationales and assumptions that lie behind regularization betray a negative perception ofthe informai nature ofthe squatter land market and fit well with current trends towards liberalization and privatization.
Squatting constitutes an informai mode ofland tenure. [t is informai because it is not recognized by formal (State) law and thus operates beyond its reach. Not ooly are squatters outside the scope ofState law, but they a1so transgress it. Squatters openly disregard property rights. In Trinidad, squatterdwellings a1so typically contravene planning, building and envi-
24 Regularization bas becn discussed exten5ively in the Iiterature. 1present huea syntbesis orthearguments in favour ofregularization as thcy are most often aniculated. For a discussion ofreguJarization, in some cases criti cal, sece.g. S. Angel etal, cds., LœrdforHousing,he Poor(Bangkok: Select Books, (987); W. A. Doebele, ""The Evolution ofConccpts ofUrban Land Tenure in Developing Countrics" (1987) Il:1 Habitat International 7; C. Farvac:que & P. McAuslan, RefOl'lJling Urban LandPoliciuandinstitutions in DevelopingCoun,,;u(Wasbington, D.C.: UNOP/World Bank! UNCHS Urban Management Programme, 1992); M. Serageldin, Regu/arizing the Informai Land Develop",enl Process(WashingtoR, D.C.: USAID, 1991); A. Varie)., "The Relacionship Betwcen Tenure Lcplizationand Housing [mprovcmcnts: Evidence tiom Mcxiço C~ (1987) 18 DcvclopmentandChange 463 [hereinafter'"Tenure Leplization.j; "ScttIement.llIegality and Legalization", srqJra note 17. 9
ronmental standards.2S The assumption lying behind tenure regularization is that the under developed state ofsquatter settlements is caused by the absence offormallaw and that it can he "fixed" by introducing adequate legislation which will change the status ofsquatterteoure trom illegal to legal. Thus, it is assumed that regularization will oot ooly stimulate develop ment but also incite squatters to change their behaviour and start conforming to planning and environmental regulations.26
ln 1987.. Ann Varley.. an English scholar, published a paper in which she explored the relationship between tenure regularization and housing improvements.27 Her analysis ofthe effectiveness ofregularization as a housing policy is based on empirical data which she col lected during a survey ofinfonnal settlements in Mexico City .. where large-scale regulariza tion programmes have been operating since 1970.21 Based on the results ofhersurvey, Varley concludes that the illegal nature oftenure in informai settlements makes little difference in the level ofhousing investment, and that housing investment is conditioned by Many factors
2S Squaners are not the only people contravening planning standards. In Trinidad, planning standards are provided for in the Town and Country Planning Act. This legislation, adopted in 1960 and put into force in 1969. is based on English legislation ofthe 19305 and t9405. [t is largely outdated and, not 5urprisingly. the level of complianc:e with the procedure and standards is not very high. '111e Growth ofthe Informai Secto"', supra note 7 at 66-68. On the wholesale uansfer ofmetropo1itan planning legislation to the colonies. sec also R. Home, "Trans fening British Planning Law to the Colonies: The Case ofthe 1938 Trinidad Town and Regional Planning Ordi nance" (1993) 15:4 Third World Planning Rcview 397.
26 For instance. it is often said that squatters do not respect environmental standards. One panic:ular problem is the treatment ofused water and the disposai ofrefuse. Pit latrines are not dug deep enough and refuse is simply buried or burned. Similarly. hillside settlements often involve extensive deforestation and cause erosion and drain age problems.
"Tenure Legalization", supra note 24. 21 Varlcy was looking more spccificaJly at informai settlements on ejido land. Ejido is a fom ofcollective agric:ulturalland tenure that dates back to the Mexic:aR Revolution. Land is held c:ollec:tively by the ejidatarios(the members ofthe ejido); it can only be uscd for agric:ultural pu."oses an~ undl constitutionaJ n:forms inttoduccd in 1992. c:ould not be sold outside the ejido. A large proportion ofinformal settlements in Mexic:o City are locatcd on ejido land that has bccn iIIegally sald to scttIers by ejidtl,arios. For a discussion on the urbanization ofejido land, sec O. Cymet. From Ejido 10 Metropolis. Anotlle,.Path: An EVQluation ofEjido Propel1yRightsandInfOrmai Land DevI/op",ent in Mexico City (New York: Peter Lana. (992); A. O. Murphy, Wfo Tide or Not to Tide: Article 27 and Mexico·s Urban Ejidos" (1994) 23:2-3 Urban Anthropology 209; A. Azuela de la Cucva, "Low [ncome Settlements and the Law in Mexico City" (1987) 11:4 International Journal ofUrban and Regional Resean:h 522. 10
besides the legal status ofsquatters' land tenure. She suggests that the most influential among these factors is the physical upgrading ofthe communities~ and that the increase in mvest ment observed in those community where the regularization programme was implemented was caused not so much by the regularization ofland titles as by the installation ofurban services, which residents interpreted as a de facto indication of the acceptance and legitimization oftheir occupation by public authorities. ûther actions by the government such as the collection oftaxes or the issue oftrading licences to members ofthe community also increased residents' perceived security oftenure. In addition, Varley observed thatother factors related to the community (5uch as the age ofthe settlement and the degree ofcom munity organization), as weil as th05e related to individual households (such as the amount of money available for housing investment~ the level of education of members of the househoLd, and their contacts and skiIls) also affect the level ofhousing invesnnent.
VarLey argues further that Legal title has IittIe bearing on the financing ofhousing improvements. She suggests that residents ofinfonnal settlements often have Law and irregu lar incarne, and that makes them wary oftaking out formalloans. The majority preferto wait and start housing improvements once they have saved enough money. At the same time, she found that those who had wanted ta were able to obtain credit without having ta prove that they had Legal title to their land or their dwelling.
She notes~ however, that although the effectiveness ofregularization as a housing policy May he questionable, it could have other advantages that are oot related to housing investment. She explains that while many people were unable to think ofany benefit they would gain from regu1arizatio~ most, although not aU, expressed an evideot satisfaction at finally owning their land. Finally, she suggests that regularization could facilitate relation ships among squatters, as weil as those between squatters and noo-squatters, by facilitating the resolution ofdisputes over the ownership, or the right ofoccupation in the land, and by reducing the potential for future conflict. Il
On the other han~ Varley finds that regularization also entails certain costs that have to be taken ioto account. The financial, administrative and legal costs associated with tenure regularization are high and when they cannot he borne by the residents, they must he beavily subsidized by the State. Furthermore, residents are likely to become subject to land and buil ding taxes which could increase the cast ofliving in regularized settlements ta the point where the poorest residents May be pushed out. [n fact, she observed that sorne residents declined the opportunity to have their land regularized on this ground. Downward raiding, which is the phenomenon whereby higher income populations take over newly regularized settlements to the exclusion of the poorest squatters, would then occur. Finally.. she con cludes that tenure regularization May in fact encourage further squatting on the assumption that tenure will be subsequently regularized.
The inspiration for my work in Trinidad lies in Varley's cali for further research on the effectiveness oftenure regularization as a housing policy. The adoption ofa regulari zation policy in Trinidad is "·based on the understanding that security oftenure is fondamen tal to stimulating a self-help initiative that willlead to an incremental improvement ofinfra structure.. housing and the environment.',29 The purpose ofmy research is to question that understanding and to explore the relationship between reguJarization, security oftenure and bousing investment in Trinidad, using two squatter settlements as a case study. My second objective is to explore differenees in attitudes towards reguJarization and housing investment between the two main ethnie eommunities ofTrinidad~ East Indians and Africans, and, con sequently, the role that cultural factors could he expected to play inthe extent ta whieh reguJ arization will stimulate housing investment within these communities..
Tenure regularization as a housing paliey, that is as a policy aimed at improving housingconditions as opposed to merely legalizing squatters' tenure status, rests onassump-
"Current Approaches"t supra note 14 al494. 12
tions about the capacity orthe lawto influence social behaviour, and ultimately. to contribute to development. Thus. this thesis also purports to question the raie oflaw in development. My bypothesis is that there is a tendency to overestimate the role and efticacy of Law in guiding and modifying social behaviour. There is, moreover. a tendency to overestimate the normative content of legal rules while at the same time underestimating other sources of social control and nonnativity.
[n the tirst part ofthis thesis. [ outline brietly how the economic and political devel opment ofTrinidad has contributed to the proliferation ofsquatting and how the State bas responded to housing problems in general and to squatting in particular. 1describe in more detail the regularization process as it as been articulated in various legislative forros since 1986.. up to the recent introduction ofthe Slate Lands (Regularisation a/Tenure) Bill. [n the second part ofthe thesis. [explore the relationship between tenure regularization and housing investment and bring to bear on this reflection the results ofa survey [ conducted in (wo squatter settlements in Trinidad during the months ofOctober and November 1997. 13
PART 1: SQUATTING IN TRINIDAD
[n Trinidad. urbanization. settlement patterns and housing trends, both formaI and informaI .. have been linked to phases of POlitical and economic development and to the labour needs ofmajor economic sectors.JO To he understood properly, the phenomenon of squatting must therefore he situated in the wider context ofthe island's development.
Squatting is by no means a recent phenomenon in Trinidad. Indeed, illegaI occupation ofland by free settlers and escaped slaves dates trom the beginning ofthe English colony .31 However, squatting ooly started to attract notice in the years following the emancipation of slaves, when it became widespread, and it remained a primary concemofthe colonial autho rities until the 1870s. In the 20th century, squatting began again ta attract direct attention in the late 19305, up UDtil the present. Thus, two distinct periods can he identified in the evo lution ofsquatting in Trinidad: the post-emancipation period, and the industrial period.
30 "A Critica1 Review"!" supra note 11 al 142; O. Conway, Trinidods Mismatched Expeclations: Planning andDevefopmenl Review (Hanover, N.H.: Univcrsitics Field Stafflntemational. 1984) al6 [hcreinafter Trinidad"s Mismatched Expectations).
31 O. W~ Trinidlldin Tran.rilÏon: The Years AfterSlave",(London:OXford University Press, 19(8)al49. 14
1. POST-EMANCIPATION SQUATrING
1. Plantation eeoDomy
When Columbus sighted the island ofTrinidad in 1498, it was settled by .Aüawak indigenous communities who had lived on the island for severa! centuries. The island was formally claimed by the Spanish in 1592 but it remained isolated and sparsely developed until weil into the 1700s.32 The culture oftobacco. coco~ and eventually coffee, cotton and sugar was introduced under the Spanish colonial regime during which the island was slowly settled.
In the late 1700s. in an effort to accelerate the settlement ofTrinidad, the Spanish invited the immigration ofCatholic planters from other Caribbean islands. A decree ofthe Spanish Crown issued in 1783, the Cedula de PohlaciOn, offered free grants of land ta planters who were willing to come to Trinidad with their slaves and establish new planta tions. 33 Many ofthose who answered the caU were French planters From other Caribbean islands who had experience with the cuitivationoftropical export crops.34 Under the Cedula, white immigrants were offered over sixty acres ofland forevery member oftheirfamily and halfas much for every slave they brought along. Free coloureds and black property-owners were entitled to lesser amounts. Brereton suggests tbat the relationship established in this Spanish poticy between the ownership ofslaves and the sizeofthe land grants resulted in a massive influx ofslavesofAfrican origins.35 The indigenous population which had supplied
32 B. Brereton, A Hislory 01Modern Trinidad 1783-1962 (London: Hcincman, (981) al 10.
33 Brcrcton, ibid. al 13-14,25;G.Carmichael, The Historyolthe West Indian Islands ofTrinidadandTobago
1498-1900 (London: Alvin Rcdman 9 (961) Il36.
Brcrcton9 ibid. al 16.
3S Ibid. at 14. 15
labour to the Spanish estates until then were virtually wiped out by the end of the 18th century.36
In 1797, Trinidad was captured by the British and formally ceded to Britain by Spain in 1810.37 The high priee ofsugaron the international market towards the end ofthe 18th century encouraged British planters to establish new sugar plantations. Between 1797 and 180l, the number of sugar estates increased from 159 to 193 and the slave population
31 doubled. In England 9 at the same time, the movement in favour ofthe abolition ofslavery was gaining momentum. During the course ofthe next thirty years, the abolitionists would increase their pressure on thecolonial government until Parliament, despite tierceopposition from the planters'l legislated ta abolish slavery in the colonies ofthe British Empire in 1834.39
At fmt9 it was replaced by a system ofapprenticeship which was considered as an interme diate step between slavery and complete freedom, and was intended to last six years for field slaves and four years for other slaves. However, following social and political pressure'l the apprenticeship system was abolished in Trinidad on 1st August 1838, two years before its intended teon.40
After the emancipation of slaves, the planters were eager to find a new source of labour for the sugar estates. At first, attempts were made ta attract Cree black immigrants 1 The~ from other Caribbean islands 9 the United States and Aftica:' some European (French
36 Ibid. al 21-22.
37 Ibid. al 37.
31 Ibid. at45.
39 The Act ofEmancipation was adopted in August 1833 ta take etrecton (st August 1834.
Under the apprenticeship system. apprentiœs were cxpccted to worlt thn:c-quarten orthe working week for their former mastcr. without wages. The ratofthe w~ they were fiee to seeIt paid employment elsewhcre. Brereton. supra note 32 al63.
41 Brereton. ibid. al96-98; Carmichacl. supra note 33 al 206. 2Q9.210. 16
and German but mostly Portuguese from Madeira) and Chïnese immigrants were also settled inTrinidad. For various reasons, none ofthese attempts were very successful and the labour shortage persisted.42
Eventually, the planters' quest for replacement labour led them to the [ndian subcon tinent. Between 1845 and 1917, morethan 143,000 Indians immigrated to Trinidadas inden tured labour to work on the sugar and cocoa plantations."3 Under the indentureship system. immigrants would enter into a contract ta work for five years on a sugar estate in Trinidad. For the tirst three years, they had to work for the same employer, after which they could re indenture themselves for two successive periods ofone year, or buy out the remainder of their contract. After this five-year period of"industrial residence", ifthey wanted to qualify for a free return passage to India, they had to remain another five years in Trinidad, during which they could either bind themselves under five successive yearly contracts, or paya special annual tax..w
These successive waves ofimmigration, from the early Spanish settlers to the French planters and their Afiican slaves, and, after emancipation, to European and Chînese immi grants and finally to Indian agricultural workers, contributed ta create a society which, ta this day, is marked by great cultural diversity. According to 1990 Census data, the breakdown of ethnie groups in the present population ofTrinidad and Tobago is as follows: persons ofEast Indian descent account for 40,3% ofthe population; persons ofAfiican descent aceount for 39.6%; and persons ofmixed ethnie background account for 18,4%. The group detined as
42 Brereton. ibid. al 99-10; Carmichacl, ibid. al 189,243-244. 43 Brereton, ibid. at 103.
Ibid. al 103-104. 17
'\vhite/Caucasian" represents 0,6% ofthe population while persons ofChinese and Middle Eastern descent account for 0,5% ofthe total population.4s
2. Proliferation ofSquatting
Even before emancipation, the planters had predicted that, upon being freed, the ex slaves would leave the estates in massive numbers and disappear into the forest to establish themselves as small subsistence farmers. 46 Naturally, this represented a potential threat to the labour-intensive plantation economy ofthe island.
ln fact, there was no great exodus of ex-slaves from agriculture. However, their relationship with the planters was deeply altered. Although many were willing to continue working on the estates, they were obviously not ready ta do sa under the same conditions. They would not be bound by contract and would work only so much as would ensure their own subsistence. Nor were they willing to continue residing on the estates. By 1847, an esti mated 40% ofthe resident labour had left the estates.47 They were eager ta secure access to agriculturalland and become subsistence fanners bu~ in 50 doing, they needed to settle near existing infrastructures: roads, markets, schools and churches, and not deep in the forest, as
45 GOTf. 1990Population andHousingCennu. Vol. Il: ~mographic Repon(Pon-of-Spain:Central Statïs• tical Office, 1993) (hereinaftcr 1990 Population andHousing Census. Vol. IIJ. Trinidad society also presents a marked religious divenity. The main religions present in Trinidad are: Roman Catholic (29.4%), Hindu (23.7%). Anglican (10,90/ct), Pentacostal (7.5%) and Islamic (S.8%). Ibic/.
46 B.W. Blouet, 04Atiican Squatting in Post-Emancipation Trinidad" (Fourteenth Annual Meeting ofthe Afiic:an Studies Association. Denver, 3-6 November 1971) [unpublished] Ill. 47 Wood. supra note 311141. Therewcre 11,000 field slaves in 1134 when the apprentic:cship system was adopted. ln 1159,only 4.000 remaincd while 7,000 bad Idthe es1atcS. Brereton. nlpranote 32 al 79-80. 18
4 the planters had imagined. • Further, they had developed a need for cash, and part-time estate work could fill that need.49
Not surprisingly, this situation did not satisfy planters who were intent on ensuring that the ex-slaves would continue working and residing on the estates. At tirst, the planters tried ta retain the labour of their ex-slaves by various means. For instance, wages were increased to the point where they became higher than on any other British island. ~o Eventually, when planters were unwilling or unable to sustain further wage increases, the planters demanded that the colonial govemment adopt legislation to limit access ta Crown lands. The intent ofsuch a policy was to ronder the creation ofa class ofsmall independent
I landed farmers and keep labour dependent on estate work for cash and subsistence.S This approach is best described by Glenelg, the British Secretary ofState" in a dispatch he sent to ail colonial Govemors in 1836:
(...) Where there is land enough to yield an abundant subsistence to the whole population in retum for slight labour, they will probably have no sufficient inducement to prefer the more toilsome existence of a regular labourer, whatsoever may be its remote advantages, or even its immediate gains. Should things be left to their natural course, labourwould not be attracted to the cultivation ofexponable produce (...). ln order to prevent this, it will be necessary to prevent the occupa tion ofany Crown lands by persons not possessing a proprietary title to them; and to fix 5uch a price upon ail Crown lands as may place them out ofthe reach ofpersons without capital. (...) The minimal price ofland therefore should be high enough to leave a considerable portion ofthe population unable to buy it until they have saved some capital out ofthe wages oftheir industry; and al
4. Brereton~ ibid al 80; Blou~ supra note 46 al 18.
49 Wood, supra note 31 al 48.
Wood. ibid al 52·53; Bremon. supra note 32 al 78.
SI Blouet,supranote46at3;A.Mohammcd,WSquanersandtheSaateinTrinidadandTobago"(I988)Collo qui 29 al33 [hereinaftcr "Squatters and the State"}. 19
the same time low enough to encourage such savings by making the possession ofland a reasonable object ofambition to ail (...).S2
ln 1838. the Colonial Office adopted measures ta increase the price ofCrown land and ta forbid its sale in plots smaller than 340 acres.53 These measures were successful in making Crown land inaccessible ta the labourers.~" While some were ableta buy small plots ofland on the private land market. often from planters who sawan advantage in having their work.force sett1e close to the estate. planters were in general reluctant to seH land to labou rers. 55
The Crown land potiey was intended to create an artificial scarcity ofland in order to maintain the dependency oflabourersonestate work. However. onan island where Crown land was as much in abundance as it was in Trinidad. such a scheme could not succeed.56 While the policy ofrestricting the sale ofCrown land which the planters were suecessful in convincing the Colonial Office to adopt did prevent ex-slaves from buying Crown lands. it was not effective in keeping them on the estates and. instead. eneouraged squatting.S7 Sinee
52 Original source as cited in Cannichael. supra note 33 at 194-195.
53 Blouet. supra note 46 at II; Brereton. supra note 32 al 89. The minimum size oflots for sale would he raised to 680 acres in the 18405. Brereton. ibid
[n fact. these policies aJso made Crown land inaccessible to the lower class ofthe white population. as weil as uninteresting to planters who preferred tO buy cleared land on the private market ratherthan virgin Crown forest: Blouet. ibid at S; Wood. supra note 31 al 270: "Squatters and the State". supra note SI at 32.
S5 Blouet. ibid at 1; Brereton. supra note 32 at Il; Wood. ibid at 49.
S6 In 1838. therewereone million acres ofClOwn land in Trinidad. Brereton t ibid at 81; Wood, ibid al 49; Blou~ ibid at 10.
S7 Restrictive land policies werenot the only measures which contributed to thespn:adofsquatting. Brereton argues that planters also used the labourers' huts and grounds as ways ofkeeping them captiveon the estates. PIan ters provided laboURrs with huts and grounds but under a system oftenancy al will. The labouras could remain in possession 50 long as thcy continucd ta work for tbat estate and for no other. No rent was paid but the labourers werc forccd to worlt on the estate and had no security oftenure as the owner cauld eviet them al will. Brereton suggcsts _ conlrary to its intendcd effect, this system oftenancy alwill created an inc:cntive to stop rcsiding on the estatcand ID seck rcsidenc:y elscwhere. includina on ClOwn lands, although part-time work on the estate could continue. Bremon. ibid al 79. 20
ex-slaves could not buy Crown lan~ they simply occupied il. Squatting started ta spread right after emancipation; ex-slaves were squatting on abandoned or fallow estate lands.. or at the edges ofthe forest, where they would clear a small lot which was ail the easier ta concea! among the trees. Many ex-slaves settled in small villages close to existing planta tiODS. Present-day low-incomeneighbourhoods which are OOW integrated ioto Port-of-Spain.. such as East Dry River, Laventille and Belmont, were settled in those days.S8
In 1839, in an effort to stop the spread of squatting, the practice was made a pu nishable offence by Order in Council. Stipendiary Magistrates were given summary powers to evict squatters who at the date ofreception ofthe summons had been in possession of Crown lands for less then a year. Squatters could he imprisoned for up to six months ifthey refused to vacate the land within the prescribed delay. The magistrates had no jurisdiction over squatters who had been in possession for more than a year and an action tor ejectment had to be brought in the Supreme Court.S9
This Order in Council was the first legislative attempt by the colonial government to deal directly with squatting. However, these measures were difficult to implement and ce mained largely inetTective. For one thing, the colony did not have the resources to find and summon the squatters who were scattered ail over the island.60 As weil, very little land had been surveyed officially and the fact that free settlers had been given permits to OCCUPY Crown lands for years made it difficult to know who was in fact squatting.6l Moreover, squatters who had settled near estates were also helped by the fact that it was not in the interest of the planters to denounce them, since they represented a source of occasional
SI Breretoft, ibid. at 80-81; Wood. supra note 31 al 49.51.
S9 Blouet,supra ftote46 al 6; Cannichacl. supra note 33 al 19S; Wood, ibid. al SI.
60 Wood, ibid al SI.
61 Carmich~mpra note 33 al 19S. 21
labour for those estates.62 Finally, the application to the Supreme Court for an order of ejectment in the case ofsquatters who had been in occupation more than one year was a costlyand lengthy process.63
So it was that the restrictions on the sale ofCrown lands encouraged the spread of squatting, while the containment measures put forward in the Order ofCouncii of1838 were totally ineffective in dealing with the problem. In 1842, a Commiltee ofEnquiry ;nto the
Quantity ofLand Occupied by Squatters was appointed. [t concluded that squatting was --widely prevalent, currently on the increase, and that the measures employed to eradicate the problem were ineffectual.'t64
The first regularization measures were introduced in 1847 when a Proclamation allowed squatters who, on or before 31 December 1845, had cleared, enclosed, or cultivated their land, to acquire tide to it by filing a petition before the end of 1847. Squatters who failed to regularize their situation could he imprisoned for up to six months. Containment measures were aIso adopted, in that the jurisdiction ofMagistrates to carry out summary evictions was extended to squatters in possession for up ta ten years.6S
However, this scheme too remained relatively inetfective. Trinidad was experiencing difficult economic times and few squatters had the resources to purchase their plots.66 Furthermore, the application process was cumbersome and expensive for the squatters~ who
62 w~ supra note 31 at 51; ~Squaners and the State". supra note 51 al 33.
63 Carmicheal. supra note 33 al 195. As aremit. only Il cases ofejedment were initiated by the Magistrates betwcen 1838 and 1842. Blouet. supra note 46 at 8.
64 Blouet. ibid al 9--10.
6S Those who bad becn in possession al last since December 1838 couId have their tide regularized for 6 shillings pcr ac:~ plus legaJ and SUf\'eying costs. Those who had scttIed latcr had. ta pay f; 1peracre plus COSlS. The price was 5ubsequendy reviscd to n pcr acre. Blouet. ibid al 14. 16; Brereton, supra note 32 al 89.
66 Blouet. ibid al 12. 16. 22
had ta travel ta Port-of·Spain ta have their application processed.67 In the end~ only 295 squatters applied to have their title regularized under this policy .61 Meanwhile~ squatting continued unabated. Measures adopted ta suppress itwere ineifective. Sorne long established squatters were paying land taxes to local wardens who were not very eagerto denouncethem. And it remainedextremely difficult to find squatters who had chosen remote locations. Wood writes ofthat period: "(...)everywhere the public lands were considered as common property, open ta al1. ~~9
In 1869, a second set ofregularization measures were enacted. These were intended, on the one hand, ta introduce a comprehensive land settlement policy for the island and .. on the other, to regularize the situation ofsquatters on Crown land. The conditions under which Crown land was ta be sold were drastically changed. The price of land was reduced, restrictions on the minimum size of lots were abolished, legal and surveying rees were reduced and the processing ofthe application was transferred to the local authorities.. so that applicants did not need ta travel ta Port.af-Spain.70
Squatters who could prove a long undisturbed possession where invited to apply for purchase of their land under the same conditions and at a similar priee. ln sorne cases, squatters would be resettled. The policy was tirst implemented in the area ofMontserrat, in the foothills ofthe Northem Range, and by the end ofthe year, the Warden ofMontserrat reported that 408 squatters had been counted, that they were applying to have tit1e regularized to 5,533 acres ofland and that he had rcceived applications fram new settlers for over2,000
67 Wood, supra note 31 at 270.
68 Brereton. supra note 32 al 89.
69 W~ supra note 31 al 272.
70 Brereton. supra note 32 al 89; W~ ibitl al 272; Cannichael. supra note 33 al 278-279. 23
acres ofunoccupied land. By the end of1872., three years later., the Warden reported that new cases ofsquatting were rare. 71
While many squatters ofthe post-emancipation period were ex-slaves ofAfrican ori gin, there were also Spanish-speakingpeons who had emigrated from Venezuela to cultivate cocoa in the hills ofthe Northem range., French Creoles., descendants from the French plan ters who immigrated to Trinidad during the Spanish Colony, who could not afford Crown land, as weIl as small planters with unsubstantiable title.72 East Indians did not arrive in Trinidad until 1845 so they only appeared as squatters after that date, and then in relatively small numbers. The main reason for this is that soon after they started coming to Trinidad as indentured workers, policies were adopted to entice them ta stay after the end oftheir indentureship because they had by then become experienced lahom and it made more economical sense for the colony to retain indentured workers already in Trinidad than to pay for importing additional untrained workers.
Thus, as early as 1852, an option was given to East Indians at the end oftheir inden tureship to exchange the value oftheir free retum passage ta India for grants ofland. After 1880, the acquisition ofland by East Indians continued through the normal procedure for the purchase ofCrown lands. The earlier schemes provided the impetus for the creation ofa small landed East Indian peasantry, without creating the same need for them to resort to squatting.73
Post-emancipation squatting was the consequence ofrestrictive land policies which effectively prevented a certain class ofpeople From acquiring Crown lands through legal
7t Brereton, ibid al90; Wood, ibid al 273.
72 "Squatters and the State". supra note Sial 33.
73 Brereton. supra note 32 al 107-108; Cannicbael. supra note 33 al 243. 24
means. By closing access ta the fonnalland marke~ these polides paved the way ta the proli feration ofsquatting, which developed as an informai mode ofland acquisition. While post emancipation squatting is closely linked to the colonial experience and to slavery't it might hold sorne lessons for the contemporary reader. Ofparticular interest is the fact that while containment measures were largely ineffective, squatting continued until a land distribution mechanisrn was put in place. [n addition, as we shaH see below, some features ofthe regul arization schemes frrst introduced in the post-emancipation era can he found in the present day reguJarization legislation.
Il. INDUSTRIAL SQUATTING
1. Industrialization
The discovery ofoil in the late 1900s has, without a doubt, been the most influentiaJ event for the economy ofTrinidad in the 20th century. By the end ofWorid War 1.. the oil industry was weil established and by 1939.. it had became the motor ofTrinidad economy.74 From then on, Trinidad became dependent on the ail sector for export eamings and govem ment revenues.
The beginning ofthe 20th century was marked by a period ofintense protest, parti cuJarly around labour and housing issues.75 The fllSt wave oflabour unrest occurred after World War f, during a period of bigh inflation and low wages and deplorable labour conditions for bathurban and rural worken.76 Before the 1930s, low-income housing in the
74 "Trinidad and Tobago", supra note 7 at 49; Brereton, ibid al 199-205. While oil made up only 10% of exports in 1919. that figure increascd to 50% in 1932 and 80% in 1943. Brercton. ibid at 204.
1S Brcreton, ibid. at IS7.
16 Ibid al 159-160. 25
agricultural and industrial sectors had been to a large extent provided by estate owners and employers, meagrely so, as one commentator qualified it.n Many ofthose employed in the ail industry found housing around oil fields, often settling in squatter communities.18
During the 19305, the economic situation worsened, both in the urban and the rural sectors, causing a further deterioration ofthe living conditions of a majority of workers. Inflation remained high and wages low. Living conditions were often unbearable: malnutri tion, deficiency diseases, inadequate and overcrowded housing, poor samtation were the lot ofmany workers, bath industrial and agrieultural.19
These conditions culminated in the Labour Riots of 1937. The strikes, which had started in the oil industry, subsequently spread to ail sectors. They were to a large extent caused by the appalling housing conditions ofthe working class.80 The report ofthe Moyne Commission, one oftwo commissions appointed to look into the causes ofthe unrest, tbrmed the basis ofthe British colonial poliey after 1939 and marked the beginning ofnationaJ plan ning in what was to become the Commonwealth Caribbean.l' The report called for the pro motion ofdevelopment and welfare in the West Indies and brought about the adoption of major programmes aimed al, among otherthings, the improvement ofhealth, the elimination ofsiums and the provision oflow-cost housing. B2
n "A Critical Review". supra note Il al 146.
7' "Squatters and the State". supra note SI Il34.
Brereton. supra note 32 al 177-178. A contemporary census dcscribcd the conditions orthe workingclass as 04a social and economic study ofpoverty". "'A Critical Review'\SIIpra note Il at 147.
80 "A Critical Review". ibid. at 146. 1. 4"rinidad and Tobago". supra note 7 al 67.
12 Brereton.supra note 32 al 180-183. 26
The period during and after the Second World War was one ofeconomic growth. Military bases built by the Americans in the vicinity ofPort-of-Spain offered many employ ment opportunities and attracted migration to surrounding areas both from rural regions and from neighbouring islands.13 At the same time~ the ail industry expanded, supported by a State poHey ofindustrialization through foreign investment. This poliey of""industrialization by invitation" advocated industrialization as an alternative to the export ofagricultural pro ducts. Foreign capital was attracted by various measures such as tax concessions and low wages. This policy did little~ however't to improve the living conditions ofthe vast majority ofthe workers't prompting commentators to label this developmentstrategy as exclusionary.84 Squaning remained a housing solution for Many workers settJing in and around Port-of Spain.
In 1973~ as a result ofthe oil crisis, the price ofoil soared and government revenues increased dramatically. The country entered into a ten-yeareconomic boom. Real wages rose and unemployment fell from 17% to ll%. The construction sectar exploded, commerce expanded and real estate speculation increased.is By 1982, the per capita gross national product had risen to U.S.$6,600.16 During the oil boom years~ public sectorspending increas ed as the government invested heavily in public infrastructure projects such as schools, bos pitals and transport infrastructures.17
13 Brereton, ibid al 191; "A Critical Review",.IIIpranote II at 149; C.A. Sunshine. The Caribbean: SUl'Viva/. StrIlgg/e andSovereigntyt 2nd ed. (Washington, D.C.: EPICA, (981) al 133.
J.R. Mandle, Patterns ofCaribbean Deve/op",en': An Interpretative Essay on Economie Change (New York: Gordon and Bread, (982) al 58-61. as Sunshine, supra note 83 al 134.
16 World Bank, Trends in Deve/oping Economies 1996 (Washington, D.C.:Tbe World B~ 1996) at5oo.
17 ..,.rinidad and Tobago", supra note 7 al 61. 27
At the same time~ affordable housing became increasingly scarce. Speculation in the housing and real estate markets caused an escalation ofall costs related to the provision of housing: land, wage rates for construction workers~ castofbuilding materials and profession al fees. While real wages increased, inflation increased faster and the formal housing market became even less accessible for the law-incarne segment ofthe population. Consequently.
8 squatting and other informai means ofaccess to land accelerated. • The increased concen tration ofdevelopment in the East-West Corridorand Port-of-Spain, rural to urban migration, and the immigration ofworkers from neighbouring islands attracted by the promise ofem ployment also contributed to the continued proliferation ofsquatting in the capital region as a housing solution.19
The government did not use the ail profits to diversify the economy and Trinidad remained a single resource economy ~ so that when the price ofail fell dramatically in 1982, the artificial growth it had enjoyed in the preceding ten years came to an abrupt halt.90 The decline in ail priees shrunk govemment revenues and depleted foreign reserves. [n 1986, under the supervision ofthe International Monetary Food and the World Bank, Trinidad adopted structural adjustment measures which were aimed principally at reducing State spending inall sectors, including social programmes.91 The economic recession coupled with
88 ~A Critical Review", supra note 11 at 153; Housing andSettlements. supra note 9 al 8; Sunshine. supra note 83 al t34.
89 The Dundonald Hill Esta'e. supra note 19 al 38; Trinidad's Misma'ched Expec'alions, supra note 30 al 8-9; J. Matthews Glenn, R.P. Labossiere "lM. Wolfe, "SquatterRegularisation: Problcms and Prospects - A Case Study &am Trinidad"(1993) 15:3 Third World Planning Revicw 249 al2S 1[hereinaftcr "SquatterRegularisation'.
90 Mandle, supra note 84 al 127; Sunshine, supra note 83 at 135.
91 World Bank, supra note 86 al 500; ftA Critic:al Review", supra note Il al 156. Such measures, aimed al reducing public expenditures. include. among others. the divestement ofpublic enterprises by the State and the reduetion ofpublic employment. the introduction ofpriVlte invesunent in public utilities, the encouragement of foreign investment througb monus, the reduetion oftrade barriers suc:h as import dUlies and the streamlining of customs proc:edure. reforms inthe financ:ial scc:tor aftècting insuranc:c. mutual fimds and sccurities industries, and the inlrOduction ofmonetary polic:ies aimed alcontainina inflation, reduc:ing aovemmentdebtand lowering interest raies. World Bank. ibit!. at500-502. 28
the effect ofthe structural adjustment programme have had devastating effects on the stand... ard ofliving oC Many Trinidadians. The unemployment caused by the loss ofjobs in the oil and other related sectors, as weIl as government downsizing, the increase in part-time employment, the downward pressure on wages, the increase in income taxes for individuals and the reduction or abolition ofdirect subsidies for food, fuel and utilities increased the absolute number ofthose below the poverty line, but also marginalised Many who used to be considered low-middleormiddle class, even pushing sorne down below the poverty line.92
Unemployrnent, which had Callen ta 8.8% in 1980, rose to 22% for three consecutive years in 1987... 1989 and was still at 16.5% in 1995.93 Unemployrnent was, and remains, even more dramatic for young people: 43% for the 15-19 years old segment, and 31 % for the 20 24% segment in 1992.94 A survey ofliving conditions done in 1992 revealed that 22.5% of aU households in Trinidad and Tobago lived below the poverty line, up from 14.8% in 1980. [n Port...of...Spai~ the proportion rose to 29.2%.95
Nonetheless, the World Bank seems optimistic about the immediate economic fortu nes ofTrinidad. In 1996, it predicted that ifTrinidad pursued its development programme and progressively increased public investments, the economy couid grow at about 4% annually until the end ofthe millennium.96 What remains to he seen however is the kind of
For instance, according to thc World Bank, pan-timc cmploymcnt incrcascd ftom 8% in 1982 to 15% in 1992. World Bank, ibid al SOI; Sunshinc, supra note 83 at 135.
93 c. Y. Thomas. Social Development and,Ire Social Summit: A Look al Guyana. Jamaica. Trinidad and Tobago (Georgetown, Guyana: Institute ofDcvelopmcnt Studies, University ofGuyana, 1995) al 17; World Bank, ibid al SOI.
Thomas, ibid at 13.
9S Ibid al 18.
96 World Bank. supra note 86 al503. Trinidad docs however n:main wlnerable ta fluctuations in the pricc ofail. The 1998 budget prescnted in Dcœmbcr 1997 was based on an oil priee ofUSSl9 a barrel. When thc barrel fcll ta USS 15 in carly 1998. thc Finance Minister...ta announcc cstimated budget cuts ofTISSSO million. R.
Lo~ "$550 Million in Budget Cuts"9 The Trinidod Guart/ian. (7 Marcb (998). onlinc: The Trinidad Guardian 29
impact that the current development strategies will have on the standard of living ofthe people ofTrinidad, and particuiarly on those close to or below the PQverty [ine, and, conse quently, on the growth ofthe informai housing sector. z. State Response to Squatting
With the publication ofthe report ofthe Moyne Commission in 1945, housing be came a national issue. The first legislative effort to deaI with housing conditions of the working class, which the Moyne Commission had found to he '''deplorable and indefensible'\ was to adopt the Sium Clearance and Housing Ordinance,97 under which the Planning and Housing Commission was created. The approach to the problem of inadequate housing, including squattersettlements, was a policy ofsium demolitions and relocation ofoccupants to high-rise buildings located close to employment sources. In rural areas, the housing pro blems ofworkers in the sugar industry were addressed by the Sugar Industry Labour Welfare Committee, aIso created in the wake ofthe Labour Riots. 91
Trinidad acceded to independence in 1962 under the leadership of the People's National Movement (PNM), first elected in 1956 when the colony was granted self-govem ment. The years following independence were marked by extensive public involvement in the housing sectorand saw the creation ofvarious State agencies, among which the National
97 LaW5 ofTrinidad and Tobago. c. 33:02 (originally adopted 15 Act no. 41 of1938). 91 "Squatters and the State'\ mpra note SI .34-35. 30
Housing Authority created in 1962 to execute State bousing policies.99 The PNM's bousing policy bad two major components: the direct provision ofbousing units and programmes of urban redevelopment including sium clearance and relocation to "Plannings", that is high density urban residential complexes administered by the National Housing Authority.100 The squatting problem was not addressed as one ofland tenure or access to land, but rather as an (urban) housing problem. Squatting was analysed as a '~short-run market disequilibrium brought about by population growth and rural to urban migration."lol
State involvement in the housing sector intensified during the oil boom years. The increase ofail costs related to the provision ofhousing excluded ever larger segments ofthe population from the formai housing market. This situation both demanded and legitimized
the State's involvement in the provision oflow-cost housing t which was facilitated by the increase in surplus revenues. 102
The tirst post-colonial State policy dealing explicitly with squatting was made public in December 1977 during the presentation ofthe 1978 Budget, when the Finance Minister
99 "A Critical Review'\ supra note Il at 149. The National Housing Authority was created in 1962 under the Housing .'ICI. Laws ofTrinidad and Tobago. c. 33:01 (originally adopted as Act no. 3 of (962). Since then. several otherpublic agencics have becn cstablished ta carry out theobjectives setout in the State t s housing policics. Two financial institutions provide mongage financing, one (the Trinidad and Tobago Mortgage Finance Company) dircctly ta the prospective home buyer and the other (the Nationallnsurance Board) through other financial institutions such as banks. The Nationallnsurance Propcrty Development Company (NIPDEC) administers large govemment housing projects. The Housing Task Force engages in the design and construction ofhousing projects. R. Punch & L. Hewitt. ~An Update on the Housing Situation in Trinidad and Tobago~ in Proceedings ofthe Caribbean Hou.ring Conference. Trlnidad and Tobago. May 1983 (Port-of-Spain: Association of Profcssional Enginccrs ofTrinidad and Tobago, (989) 33 at 33·34; M.A Critical Review", ibid.. al 154.
100 "'A Critical Review", ibid.. al [50; The DulfdotfQld Hill EstQle, supra note 19 al 37.
101 tf "Squatters and the State • supra note SI al 29; The DundotfQld Hi// Estate, ibid.. al37. [02. ...A Critical Review"t supra note Il al 150 31
announced that the tenancy ofsquatters on State lands would be regularized. 103 That same year, the govemment ordered a survey ofall squatter settlements on State lands. The results ofthe survey conducted in 1979 revealed that there were 7,550 squatting households on State lands, representing a population of33,020. 104
Regularization measures, however, would not be introduced for another ten years. Asad Mohammed, a Trinidadian scholar and activist, argues that the real poHcy ofthe State towards squatting during that period was one oflaissez-faire and tolerance. and even encour agement in areas loyal to the then governmental party, the PNM. By reducing the cost of housing, squatting '''provided cheap labour to the industrialization programmes as weil as a constituency of insecurely tenured people who could he manipulated for political purposes."lOS Consequently, demolitions were limited and symbolic. 106
In 1986, the PNM was defeated for the tirst time ina general election by the National Alliance for Reconstruction (NAR). The change in power marked a radical shift in the natio nal bousing policy. Economically, the bonanza years of high oil prices were over and re structuring programmes imposed drastic reductions in governmentspending, including in the social sector. Thus, the State's raie in the housing sectorchanged from thatofdirect provider
ta that of""enabler" .107 The new government adopted a comprehensive housing and settle ments strategy aimed in particular at the low-income segment ofthe population, offering affordable land and attractive financing options to allow people to acquire orbuild theirown
103 Presentation Speech ofthe 1978 Budg~ as cited in GOTr. Report on Ihe SlIrvey o/Squaners in Trinidad and Tobago (Port-of.Spaïn: Ministry ofAgriculture. Lands and Fisheries" (980) at 1[hercinafter Report on lhe SlIrvey a/Squatters].
104 Ibid al 3.
IDS "Squatters and the Statc", supra note S[ at 36.
106 "Squatters and the Statc", ibid; The DrlndorrtJld Hillûtale,SIIpra note [9 al38-39.
107 HOIISing andSenlelllents. mpra note 9 al1; "A Critic:al Rcview", Sllpra note [1al 156. 32
bomes, and encouraging self-belp initiatives where needed. 101 Tbrough two successive govemment changes and with sorne variations in programmes, this remains the approacb today.
The current national housing and settlements programme is based on the recognition that ~~housing and viable settlements are critical to the development process in both social and economic terms."I09 To achieve this objective, less emphasis is put on the direct pro vision ofhousing, as we have seen, and more on facilitating the provision ofshelter through such measures as sites-and-services schemes, land distribution, urban renewal, community development and squatter regularization. IIO
The present government considers that squatting should he analyzed as a response to the incapacity ofa large segment ofthe population to gain access to the formalland and housing markets. 111 This incapacity is caused largely by the inability oflow-incorne house holds to afford housing that complies with existing planning and construction standards set by regulatory agencies. 1121n this, the government's regularization POliey bas been influenced by the approach adopted by international Multilateral agencies towards the informai sector,
108 This shift in approach was encouraged by international lending agencies, panicularly by the World Bank. which was advocating adiscngagement orthe Statc fiom the direct provision ofhousing. The StateJs new role was one ofltenable~ or Itfacilitator", as perWorfd Bank terminology, aimed atencouraging housing aetivities by the pri vate sector. This shift in approach fits in with the widerstruetural adjustment mcasures adopted by Trinidad during the same period: Sec above al note 91. For adescription ofthe World Bank's view ofthe proper role ofthe State in housing issucs, sec World Bank, Housing: Enabling Markets 10 Work (Washington, D.C.: The World Bank, 1993).
109 Housing and Settlements. supra note 9 al 28.
110 Ibid al 28.
111 The preamble ta the State Lands (Regularisation ofTenure) Bill states for instance that the govcmment recognizcs thal"the prolifention ofsquattingon State Land is (~) a manifestation ofinadequlte acccss ta atror· dable shelter."
112 Baraing andSettlements. supra note 9 al 2.-.26. 33
wmch advocate programmes oftenure regularizationand in silu upgrading through the provi
l sion or upgrading ofbasic services such as water, electricity ~ drainage and sewers. J3
Since 1989, the National Housing Authority (NHA) bas had the mandate to adminis ter a squatter regularization programme for residential squatters. This is now composed of two parallel subprogrammes. The NHA subprogramme, funded by the government ofTrini dad and Tobago, is administered by the Squatter Regularization Unit (SRU). It concentrates on tenure regularization and community development through self-help initiatives aimed at the incremental development ofinfrastructures and services. The second subprogramme, fi nanced by a loan trom the Inter-American Development Bank~ is administered by the Project Execution Unit (PEU). Like the NHA subprogramme, it is aimed at tenure regularization and pbysical upgrading ofthe communities. J14
80th the SRU and the PEU have been working on a number ofprojects over the past oine years. A technical regularization process bas been institutionalized by the NHA and implemented in various projects. It includes the following steps: identifying suitable sites for regularization~ securing planning approval from relevant State departments~ drafting prelimi nary layou~ infrastructure upgrading, domg cadastral surveys and title searches, completing socioeconomic surveys, and encouraging community participation. lls However, while physi cal and technical components ofthe programme have been implemented in project sites, the legal aspect ofthe process bas been in abeyance because the appropriate legîslation had not been put in place.
113 The Dundonald Hill ütate.supra note 19 al 39.
114 "Current Approachcs",.JfIpra noie 14 al 493...506. ilS Ibid. al 494-495. 34
m. REGULARIZAnON: THE LEGISLATIVE FRAMEWORK
1. Regularisation ofTenure (State Lands) Act, 1986
As mentioned above, the PNM first announced its regularization policy in December
1977; 116 reguJarization legislation, bowever, was not introduced until June 1986, a tèw montbs before a general election which was ta be held inthe faIl ofthat year. The PNM was thus acting on its 1977 promise but the move was aIso dictated by electoral considerations. The PNM's strongest opponent in the 1986 election was the National Alliance for Recons truction (NAR) whose platform emphasized housing issues. In addition, some members of the NAR were actively involved in Sou-Sou Land Limited, a non-profit and non-govem mental organization which bought vacant rural land in a cooperative fashion and opened it up for settlement on a self-help, incremental basis. Founders ofSou-Sou Land were con vinced that the inaccessibility ofthe formalland market for the poor was caused largely by unrealistically high land use, construction, planning and infrastructure standards. Sou-Sou Land., in a process described as ·~squatting on your own land", developed the land without formal planning approval, adhering instead to minimal performance standards, and was thus able to offer affordable land to the poor. 1l7 The 19861egislation was introduced by the PNM
1 partially in reaction to the successes ofthe Sou-Sou Land mode1. 18
116 Sec above al 30.
117 The Dundonald Hill Ertate. supra note 19 Il 40; "Squatter Regularisation", supra note 89 al 2S1. For a more detailed aa:ount orthe Sou.sou Land story. see: A. Mohammed. "Problcms in Translaling NGO Succcsses inta Govcmment ScttIement Policy: lIIustrations ftom Trinidad and Tobago and lamaica" (1997) 9:2 Environment and Urbanization 233; 1. Laughlin. The SOu-SOIl Land S'ory. A Non-Gow!rlUllenta/. Non-Proflt Land Reform Initiative in TrinidadandTobago (Freepo~ Trinidad: HEM. 1987); UNCHS (Habitat). Sou-801l LandLimited: Ten O/Ihe World·sOutstandi"gSenlementsProjeclSSelecledby the ûeCfltiw: Direclor o/Habitatforlhe International Year ofthe Sire/1erforthe Home/us. 1987 (Nairobi: UNCHS (Habitat). 1987). ni The Drtndonald Hill Estate. ibid al 41. 35
The Regularisation ofTenure (State Lands) Act, 1986 119 was introduced inthe House ofRepresentatives on 20 June 1986 and assented to on 29 August ofthe same year. The 1986 legislation was based on an "individual-initiative model~~~120 pursuant to which individual squatters who met with the requirements ofthe Act were entitled to make an application before a specially appointed Tribunal .. the Regularisation ofTenure (Stare Lands) Tribunal. for a declaration that they were eligible for the grant ofa renewable thirty-year lease ofState land. The Act was put into force and applications were initiated by squatters for leasehold titles. However, the PNM was defeated by the NAR in the 1986 general elections and further implementation ofthe legislation was interrupted. In particular.. the Tribunal was nevercreat ed.
The Act applied to squatters who met the following conditions: they were citizens or residents of Trinidad and Tobago within the meaning of the Immigration Act; they had erected or were .. on 2 December 1977, in the process oferecting on State land any structure for use as a dwelling house; and they were homeless and landless, that is to say thatthey were not seized or possessed ofany freehold or leasehold interest in land on which they had of their own right erected a dwelling bouse. The Act aIso required that squatters bave been in occupation ofthe dweUing house continuously between 2 December 1977 and 29 August 1986. 121
119 Laws ofTrinidad and Tobago, Act No. 20 of1986.
120 "Squatter Regularisation", supra note 89 al 251.
III The only cxception 10 this requirement were cases wherc the original squatter had died before the coming ioto force ofthe Act. Pursuant to section 3, a next-of-kin, orwhcre thue was no next-of-kin, any person who esta blished a legal9 equitable ormonl claim to the original squauer's raiorpersonal est&te9could be eligible to a grant oflease provided Ihat he orshe wu in ldUal occupation ofthe original squatter's dwclling bouse. The Act did not consideras cligible thOIe penons who had obraincd possession ofa dwclling bouse hma previous squatter unless it WI5 foUoWÎng his or ber death. For instan~ a current squatter who bad purdlased a house fiom a previous squatter was not eligible (or regularizalioll under the A~evcn though the original squatter migbt have en:dcd the dwelling house bouse be(ore 2 Dcccmber 1977. 36
Applications for regularization were to he made by individual squatters before the Regularisation ofTenure (Stote Lands) Tribunal., a five-member Tribunal which was ta have heard applications by squatters and settled any disputes arising from the regularization pro cess. A notice would have been published in newspaPers stating that any person wanting to challenge the application could have filed an objection with the Tribunal. The costs ofthe public notice were to he borne by the applicant. After hearing the application., the Tribunal could have declared the applicant eligible ta a grant ofland ifit had been satisfied that he or she was a squatter to whom the Act applied and that the lands in respect ofwhich the appli cation was made were ofa suitable area and location. When successful, applicants would have been granted a lease for a term ofthirty years, renewable for a further period ofthirty years. Squatters would have been required to pay., in advance., a premium ofITSO.,25 per square foot and a nominal rent ofTISI,00 per year for the thirty year term. The Tribunal would have then ordered that the lands which were the subject ofthe application he surveyed by a licensed surveyor., at the expense ofthe applicant. Deeds of lease would have been executed by the Commissioner ofState Lands and registered by the Registtar GeneraL
The approach taken by the 1986 legislation has been criticized for various reasons. First, it had a very limited scope, in that it applied only to squatters who had been in occupation since 2 December 1977, almost ten years before the coming into force ofthe Act. Thus, only squatters with ten years ofresidence could he regularized. This was very limiting, in particular because the years between 1977 and 1986 had witnessed a substantial growth ofthe squatter population. most ofwbich could not he considered for regularization under the scheme. It bas been estimated that the eut-off date had the effeet of restricting the application of the Act to no more than 5,000-7,000 squatters, when in fact the squatter population had increased by more than fivefold between the mid-seventies and the early nineties. l22 The requirement of continuous residence between 2 December 1977 and 29
122 Report oftire Co"'''';tI~e on RegularizatiOll o/Temue. supra note 19 al [4; "Squatter Regularisation", supra Dote 89 al 252. 37
August 1986 (the date ofcoming into force ofthe Act) also had the effeet ofexcluding many squatters who might have bougbt a house from a previous squatter. In this way, the Act did not recognize the existence ofan active market for the sale ofsquatter houses. ln
A second criticism addressed at the 1986 legislation relates to the costs that were to be born by applicants. Successful applicants had to pay the premium and the reserved rent, in advance, as weil as surveying costs and aU fees related to the preparation and registration ofthe deed oflease. Ali applicants, whether or not they were ultimately successful, also had to bear the costs ofthe notices to be published in the newspapers and, in particular, ifan objection were raised to the application, any legal costs involved in litigating the dispute before the Tribunal. It has been estimated that costs ta individual applicants could range from
TTS3,355 to ITSS,355. 124
A third weakness ofthe 1986legislation was the burden it placed both on the various administrative agencies involved with squatter regularization, physical planning and State land management, as weil as on the Tribunal. Because the procedure set forth in the Act required individual squatters to apply for regularization oftheir own plot ofland, studies as ta the suitability ofthe land for regularization had to he undertaken by relevant Stateagencies on an individuallevel, with ail the work and repetition this might involve. l25 Similarly, the adversarial nature ofthe regularization process ran the risk ofoverburdening the Tribunal. It was estimated that at a rate ofone bundred claims a year, the presumed maximum number
123 Iœport oflhe Co"''''iltee on Regulari:otion a/Tenure. ibid al 4; ~uatter RcguJarisation'\ ibid al 252. The existence ofID active housing market in squatter settlemCft1S is aIso substantiated by the results ofthe survey [ condueted. Sec below al 88.
[24 USquatter Regularisation". ibid. al253. 125 Ibid. al 253. 38
ofclaims which could he handled by the five-member Tribuna1~ it would take fifty to seventy years to hear the expected number ofapplications. 126
Finally, the Act was criticized for being too legalistic innature and not allowing com prehensive regularization and development ofcommunities along the model already being
undertaken y albeit without the required legislative framework y by the SquatterRegularization Unit and the Project Execution Unit ofthe National Housing Authority.127
2. 1992 Proposais for Amendments to the 1986 Legislation
The NAR govemmenty which came into office in 1986, was committed to a broader approach to the development ofsquatter settlements y one which included not ooly tenure regularization, but also infrastructure and environmental upgrading as weil as community development. The NAR was ooly in office for one term and, during that time, did not replace the 1986 legislation. However, the community-based approach adopted by the NAR was followed through by the PNM when it retumed to power in 1991.
As mentionedabove, the Squatter Regularization Unit and the ProjectExecution Unit had bee~ since 1989, implementingthe physical componentoftheirrespective regularization programmes without the required legislative ftamework. In early 1992, the then Minister of Housing and Settlement appointed a committee to review squatter regularization and to exa... mine the possibilitiesofaccommodating the squatterregularization programmes which were already under way within the framework ofthe 1986 legislation. The committee concluded
126 Reportoft.Commillee 011 RegularizaliollofTemue. nqwanote 19 al 19; "Squatter Regularisation"~ibid at253.
127 Report a/the COIMfillee 0IfReguiQrizatiOif o/TelfIITe. ibid Il25; "SquatterRegularisation", ibid. al253. 39
thatextensiveamendments to the 19861egislationwas require~ and included specifie propo sais to this effect as an appendix to its report. 128
The proposed new policy was based on a comprehensive approach to regularization to he aehieved on a community basis, an approach which promised to he more effective and expeditious than the individual model found in the 1986Iegislati~n. The newapproach pro vided for the designation ofcertain settlements as regularization sites which would have then been regularized ona comprehensive basis. The draft legislation distinguished between three categories ofoccupants: tenants, 129 squatters~ and persons who could claim to have acquired the land under laws goveming adverse possession.
Under the proposed amendments.. the National Housing Authority, afterconsultation with the ministers responsible for town and country planning and environmental protection.. was to identify certainsettlements as suitable for regularization. The Minister ofHousing and Settlements would have then.. by order, declared these settlements to he designated sites. The regularization process was to start with a legal survey ofeach designated settlement, on a lot by lot basis. On the day ofthe survey, all occupants ofthe land and all persons claiming to have an interest therein were to provide the authorized public officer with any documentary evidence oftheir right to occupy, or oftheu mterest in the land.
Any person who could have produced documentary evidence showing a legal interest in the land.. such as a rent receipt,. or a land and building taxes receipt indicating that the rent and taxes had been paid for the year in which the survey was being done, was to he considered as a uclaimant". Tenants whose claims bad not been challenged were ta he deem· . 121 Report olthe Comminee on Regu/ari%alion ofTe""re. ibid., Appcndix Il.
129 Ovcrtbe ycars, many individuals bave beeft granted year-to-yeartenaneics in State lands. They cannot be considcred as squatters because they have a lept Înteresl in the land. Howcvcr, in an effort to achieve the comprehensive Rgularization ofwholc communiticst ilwas dccided ta inçludc tbem in the regularization proœss. Ibid., Appcndix Il, al 2. 40
ed to bave a statutory 199-year leasebold provisional tide to their land. They were then to pay, within one year, the premium and reserved rent. at a rate fixed by Ministerial Order, as well as all fees payable for preparation and executionofthe dee The second category ofoccupants to he regularized were the squatters. They were to be eligible for regularization ifthey could show that they met the following criteria: they were citizens or residents ofTrinidad and Tobago within the meaning ofthe Immigration Act; they had erected. or were in the process oferecting, a dwelling house on the land on the appointed day, wmch the drafters ofthe report suggested to he fixed on 31 December 1991; they were, on the day ofthe survey, in occupation ofthe house and had been in occupation since 31 December 1991 (although the Tribunal could consider as eligible squatters who had obtained possession ofa house aftera former occupant had died orvacated the house, as long as the former occupant would have been an eligible person ifhe or she had continued in occupation ofthe house); they did not own a dwelling house or any other land in Trinidad and Tobago, nor were they seized or possessed ofany freehold or leasehold interest in any other land in Trinidad and Tobago other than agriculturalland thateould not lawfully he used for residential PurPOses. nor were they in possession ofa housing unit erected by any State ageney orauthority. A list ofall squatters who had produced a swomdeclaration indicating that they met all conditions to beconsidered aneligible penonwas10 he published withan indication that any persancouldchallengetheirclaim. Squatters whoseclaims had not beencballenged were ta he deemed ta have a statutory thirty-year provisional title to their land. This title was to become final after paymen~ witbin one year, ofa premium ofTfS0,25 per square foot and 41 a reserved rent ofTIS1,00 per year, payable in advance, as weil as aU fees payable for preparation and execution ofthe deed oflease. Lessees were then ta he entitled ta apply for a deed of lease from the Chief State Prosecutor. As in the case oftenants, the National Housing Authority was to impose, upon the execution ofthe deed oflease, a charge for infra structure and surveying costs which the lessee was to pay over a period ofthirty years. The third category ofoccupants ofState lands dealt with in the draft legislation were persans who claimed ta he in occupation ofthe land for an interrupted period in excess of thirty years and to have thus acquired a freehold tide by adverse possession. They were ta be advised to make an application ta the Tribunal to have the issue detennined under the laws goveming adverse possession. Where the Tribunal was satisfied that the action ofthe State against the occupant was barred by virtue ofthe Crown Suifs Limitation Ordinance, 130 the occupant was to he declared owner ofthe land concemed. The owner could have then applied to the ChiefState Prosecutor for a deed ofgrant. The Tribunal to he created under the draft legislation was similarto the one provided for under the Regularisation ofTenure (State Lands) Act~ 1986, except that it need not have heard every application for regularization, but rather ooly those that were disputed. Finally, the draft legislation contained provisions dealing with the containment ofsquatting, which would have given the National Housing Authority the power to evict squatters who were not eligible for regularization under the draft legislation, in particularthose who could have start ed occupying State lands after 31 December 1991. This approach was an improvement over the 1986 legislation. For one thing, it was much less restrictive inapplication. The cut-otfdate was closer in time ta the present, which would have allowed a much larger percentage ofthe squatter population ta benetit from the 130 Reviscd Laws ofTrinidad and Tobago (19S0)t c. 5:02. 42 regularization measures. In addition. the proposed legislation did not exclude squatters who had acquired. after the cut-offdate, a dwelling house from someone who had built it before the cut-off date. This acknowledged the existence of a housing market within squatter settlements. In addition, the draft legislation introduced a comprehensive approach which seemed less burdensome for administrative and judicial authorities and allowed for the regularization ofentire communities. The proposed legislation aIso adhered to previous commitments regarding the amount ofpremium and rent to he charged squatters. Nonetheless. sorne criticisms were addressed to the draft legislation, particularly in relation to i15 implementation. It was suggested that the resolution ofdisputes among persons having various tyPes ofinterests in State lands within designated sites would prove ta be more complicated and time-consuming than anticipated. 131 ln addition, the various types of tenancies to he granted (199-year leaseholds for tenants, thirty-year leaseholds for squatters, and freeholds for those having acquired title by adverse possession) would create, within regularized communities, a mixed regime ofland tenure.III Another concem was its admini strative unwieldiness. Various State agencies and authorities would have had ta he involved al some step ofthe procedure~ crearing additional delays and the dispersement ofauthority .133 3. State Land (Regularisation ofTenDre) Bill The PNM was defeated by the United National Congress (UNe) in 1995 and the pro posed amendments to the 1986 legislation were never enacted. The present government de cided notsimply to amend the Regularisation a/Tenure (Stale Lands) Actbut rather to adopt new legislation. Thus, the Stale Land (Regularisa/ion a/Tenure) Bill was introduced in the IJI "Squatter Regularisation". ntpra note 89 1l2S7. 132 Ibid at258. 133 Ibill al 258. 43 House ofRepresentatives in early March 1998 an~ at the time ofwriting, is being debated in the Senate. The purpose ofthe new Bill, as stated in the explanatory note, is to "grant security from ejectment and eventually security oftenure to certain squatters and tenants who occupY designated areas upon State Land." The Preamble ofthe Bill states the following: "Whereas (...) the Govemment (...) is committed to the goal ofim proving living conditions on an equitable and sustainable basis, so that everyone in the society will have adequate shelter, which is accessible and affordable; And whereas (...) it is funher committed to the objectives ofpro moting security oftenure and equal access to land, bearing in mind the need ofthe population for serviced land, but at the same lime recognising the inability ofthe poor and underprivileged to afford serviced land; And whereas the proliferation ofsquatting on State Land is recog nised as a manifestation ofinadequate access to affordable shelter; And whereas, in furtherance ofits said commitment to improving living standards and fostering healthy development, the Govem ment is undertaking a programme 10 prevent further squatting by providing an alternative solution in the fonn ofland for the land less, with the intention ofdeveloping sustainable human settle ments (...)." This preamble expresses the commitment ofthe present government to the provision ofaffordable shelter as an alternative to squatting. In fact, although its ritle may suggest otherwise, the Bill bas a dual purpose: to 8Chieve regularization ofcertain squatters on State land undercertainconditions, and to introduce a land settlementscheme whereby unserviced land will he made available to the landless. l34 134 1was told by a source close to the govemment thatthe tint intention had bcen to introduce the land distri bution measuresscpllltcly. Howcvcr, thegovcmment feltthat the land distnbutioncomponcntwas likcly to bccome a conteDtious political issue and thoupt tbat il would he casier to Idoptthac masures within the Û8mework of the regularizalion legislation; fiom what bas bccn reponcd 50 tirin the mcdiaabout the dcbatconthe rcplarization Bill in the House ofRcprescntalivcs and in the Scnate, the land setdement plan did Dot in fact scem to raise much opposition. 44 As with the 1992 draft legislation, the Bill adopts acomprehensive approach to regul arization. 135 Areas will he designated for purposes ofregularization and squatters residing within these areas on the appointed day will he deemed to have a thirty-year lease and will he entitled to the grant ofa 199-year leasehold title. Unlike the 1992 proposais, however, the Bill also applies to squatters residing outside ofdesignated areas. who will he granted what is called a "certificate ofcomfort", wmch will allow them some measure ofsecurity oftenu.. re. The tirst step in the regularization process will he the designation ofareas suited for regularization. [n fac~ a certain number ofdesignated areas have already been approved by the Minister ofHousing and Settlements for purposes ofreguJarization and are Iisted in a schedule to the Bill. The Minister will be able to add areas to this schedule, either ofhis own motion or on application by aState agency. or by squatters.. individually or in groups. The Minister will ooly he empowered ta designate areas for which approval ofthe Town and Country Planning Division bas been obtained and which meet the following criteria: they have not been allocated for industrial, agricultural or mining purposes; they are not located in a green belt area; they are not required for the protection ofwater resources, for public purposes including highways, roads or pipeline reserves, for the national interest or for security purposes, nor are they required by aState agency for the facilitation ofits purposes; they allow rational upgrading ofinfrastructures; and they have not been designated pursuant to the Environmenta/ Management Act as environmentally sensitive areas. In addition, the Minister will have to ensure that all objections to the designation ofthe State land and aD disputes as to encumbrances relating to the State land to be designated have been settled. 13S Pursuant to SCdion2ofthe BiII.rcgularization isdefincd as "the physical upgndingand provisionofservi ces ta dcsignated areas and land seulement areas and the provision oflcaseholdtitle thereto." In thepresent section. as 1did in the rest ofthis thcs~ 1use the term in a more restrieted ~ inclucling only the provision ofsome fonn oflegal security ofteDure. 45 This new process for the designation ofsuitable areas harmonizes the regularization programme with national land use planning and development strategies. 136 It also addresses particularconcems with the environmental consequences ofsquatting. Certain types ofsquat ring create particular environmental problems. For instance, hillside squatting that involves extensive deforestation can cause f100ding ta lower areas~ it also poses specifie problems in tenns ofinfrastructure upgrading. The designation ofareas suitable for regu1arization will facilitate the protection ofenvironmentally sensitive areas, and the rational implementation ofupgrading works. Thus, the regularization programme is limited in its geographical scope. It is further limited in tenns of its application in time. As was the case under previous regularization legislation, the Bill provides for a eut-offdate .. called the ftappointed day" .. after which no squatter will he entitled ta regularization. The appointed clay is to he declared by a ministerial order and may precede the coming into force ofthe Bill. Only those squatters who, on the appointed clay, have already built a dwelling house, or are in the process ofdoing so, will he entitled to regularization. The purpose ofthe cut-offdate is to contain further squatting after the heginning ofthe regularization programme. In arder to facilitate the proofofoccupation (or non-occupation) on the apPOinted day, the Minister of Housing and Settlements has alread)· announced that a set ofaerial photographs showing the extent ofsquaning on State lands throughout the country have been taken. 137 Presumably, the day on which the aerial photographs were taken will he chosen as the appointed day.l38 136 [n chis regard, it is interesting to note that the Bill follows the recent introduction ofa Draft Planning and Developmenl LondAct. 137 J. Hackett, "House Speaker Berates Govemment MPs for Disrespect". Express (20 April 1998). online: Internet Express l31 [n the 1986 legislation, the appointed clay wu almost ten yean before the commg mm force ofthe Act. It is doubdùl that the appointed day undcr the new leaislllion will be 50 remote in tïme. For one thing. pursuant ta section II (2) ofthe Bill. the squaltcr wbose dwelling house is located outside ofadesignated aramust apply for the issuanceoCacertifieate ofcomfortwillri" oneyearafter,lreappointedday~ Thissugeststbat tbeappointedday could not precede the coming inta force orthe Bill by much, othawise the one-yeardelay would be senseless. 46 Squatters l39 who are in occupation on the appointed day and whose dwelling house is located within a designated area will he deemed to have a thirty-year statutory lease subject to the following conditions: the squatter will have to he a citizen or legal resident of Trinidad and Tobago within the meaning ofthe Immigration Act, he a least eighteen years old. and not own or OCCupY any other dwelling house or residential land.. including any housing unit erected by the National Housing Authority. The Bill dermes a statutory lease as a leasehold interest in State land which derives from the operation ofthe Bill; as such it will not he evidenced by document ortide. It will commence on the coming into force ofthe Bill and will he valid for a non-renewable tenn ofthirty years. 140 A statutory lease will not he assignable nor otherwise transferable inter vivas except to the State, but it will he is transferable for the remainder ofits term as part ofthe estate of a deceased person. No more than one statutory lease will he recognized in respect ofone dwelling house.. but it May he held in the squatter's own name orjointIy with another. Squatters who are deemed to have a statutory lease will he entiùed to a deed oflease, which will he the final stage inthe regularization process. Adeed oflease will he a leasehold interest in land for a term of199 years. The deed will be Mly transferable, but the State will bave a first option to purchase, on a sale ofthe dwelling bouse within the first five years of the grant ofthe lease, and any subsequent assignment will have to he made with the consent ofthe Commissioner of State Lands. The grant ofa deed of lease will he subject to the payment ofthe following: the premium prescribed by the Minister, the annual rent reserved, 139 y ear-t~yeartenants ofStatelands rcsiding within designatcd IRISwill a1so be n:gularized. Likesquatters, they will be dcemed to have a tbirty-year statutory lease and will be entitJcd ta a 199-ycar decd oflease. Ycar-~ year tenants raiding ourside designated aras will not be aftèc:ted by the Bill. 140 WhiJc the Bill itsclfdoes not indicate whcdlerthe statutory lcase is renewable ornot. theexplanatory notes stace expressly that statutory lcascs are not n:ncwable. Praumlbly. Ibis ambiguity will be corrected beforc the Bill is adopted in final fonn. 47 infrastructure and development costs where applicable, cadastral survey costs, and aU fees and stamp duties in respect ofthe preparation and registration ofthe deed. 141 As mentioned above, squatters who do not reside within designated areas will not he excluded completely from the regularization process. The Bill states that from its coming iota force, all squatters, whether or not they reside in designated areas, will he granted secu rity from ejectment. While, as we have seen, squatters who reside within designated areas will be entitied ta a leasehold interest in their land, squatters whose dwelling house is located outside a desigoated area will he entitied ta a certificate ofcornfort. This certificate will confer security from ejectment on its holder, subject ta a ministerial directive to relocate ta adesignated area. A certificate ofcomfort is defined by the Bill as being a personal right, and thus not an interest in land, which is not transferable by sale, assignment, devolution or otherwise. The certificate ofcornfort is rneant to he an intermediate step which will confer sorne security of tenure for those who do not qualify for a statutory lease, yet will allow authorities to relocate squatters who are residing in areas that are unsuitable for regulariza tian. An application for a certiticate ofcomfort will have ta be made in writing and be supported by evidence as to the existence ofthe squatter's occupation hefore the appointed day. The ooly requirement will he that the dwelling house was buitt, or was in the process ofbeing built, on the appointed day, and that it he located on State land. It is interesting to note here that there are no requirements in the Bill conceming the citizenship ofthe squatter applying for a certificate ofcomfort whicb could he issued notwithstanding the lack oflega! status under the immigration legislation. 141 The Minïster ofHousinl and Settlements bas reiterated his commitmcnt ta a premium ofmO,2S pcf" square foot. O. WlDSCr:Wo Men ·Squauas~Talk says Humphrey", Exprus (22 January 1998),online: lntemet Express An interesting feature ofthe Bill is the move away from the judicial resolution ofdis putes. Whereas previous legislation created a specialized Tribunal ta settle disputes arising from the regularization process, the Bill adopts a different approach and creates a new divi sion in the Ministry ofHousing and Settlements called the Land Settlement Division. The Division will be managed by a Land Settlement Committee offive members appointed by the Minister from among people having qualifications and practical experience in matters relating to law, planning, surveying, engineering, land management orcommunity and social develapment. The Land Settlement Committee will have both administrative and adjudicative func tions. It will he in charge ofapplying the regularization procedure. In arder to establish entit! ements to security oftenure within each designated ar~ the Committee will conduct an in vestigation oftide ofthe area, on a lot-by-Iot basis. As was proposed in the 1992 amend ments, a list containing the names ofail squatters claiming State land and a description of the land which is being claimed will he published with an indication that any persan wishing to challenge a claim will he entitled to do so. The Committee will hear and resolve any dispute arising out orthe application ofthe Bill, subject to redress in the ordinary courts. One interesting feature orthe dispute resolution mechanism introduced in the Bill is that before hearing a matter, the Committee will fust de.. termine whether such matter May he conciliated or settled at the community level. [fthis conciliation or settlement fails, the Committee will then hear and detennine the matter or, ifthe parties consent, it will appoint a mediator whose decision will he binding on the par ties. In this, the Bill reflects a clear intention to de-judicialize the regularization process and to involve communities. The most innovative feature ofthe Bill, however9 is undoubtedly its land allocation component. Witb this legislatio~ the govemment adopts a more global approach ta the 49 squatting problem, one which seems ta recognize that regularization aIone cannat solve the problem. This approach heeds lessons leamt from the post-emancipation era wben the proli feration ofsquatting was fmally halted after the introduction ofa land settlement program- me. 142 Tenure regularization deals only with the past, by integratingexisting squatters within the formai sector. Until now, the response ta future squatting bas been the adoption ofcon tainment measures. Indeed, the Bill states expressly that squatters who settle on State lands after the eut-off date will not be entitled to regularization and will be ejected without any compensation or other pecuniary benefit. This containment measure applies to squatters residing both in and outside designated areas. 143 However, measures ofcontainment have Dever been successful. Being essentially repressive, they do nothing towards changing the conditions which underlic the phenomenon ofsquatting. Moreover, Trinidad had neither the material resources nor, it seems, the politicaI will to enforce them. By introducing a land distribution component, the Bill moves beyond containment by seeking to address and redress the inaccessibility ofland for the poor is one ofthe main causes ofsquatting. Unserviced and vacant land will he made available to landIess people who will build theirown dwelling through a process ofself-help. Infact, the Bill institution alizes the incremental development process typically found in squatter settlements. Certain areas ofState land will be designated by the Minister ofHousing and Settlements as land settlement areas, which will he used for providing shelter for citizens and residents ofTrini· dad and Tobago, who are landless and unable to gain access to land on the open market, and for relocating squatters from other areas. 142 See above al 24. 143 Removal ofsquatters fi'om Statelands may be ordcred bya Magistrale pursuant tasections 20 and foUow ÎngoftheSlate Lands Act,. Laws ofTrinidad and Tobago,. c:. S7:01. 50 People wanting to benefit from this seUlement programme will malee an application in writing to the Land Settlement Division. Each applicant will have to produce relevant evi dence ofhis or her landless status l44 and bis or her inability to acquire land on the open mar ket. Once permission has been granted, the persan will move into the land settlement area and will then he treated like a squatter in a designated area in that he or she will he entitled to a statutory lease and to a deed oflease, subject ta the same conditions as squatters. Thus, the Bill seeks to prevent future squatting by offering a viable housing altema tive. For those who have already resorted to squatting, however, the Bill proposes regula rization, with. in the ultimate state ofthe process, the granting ofa 199-year leasehold inte rest in the land. Is such a scheme likely ta improve living conditions within squatter settle ments and contribute to their development ? This is the question that the second part ofthis thesis strives ta answer. 144 Pursuantto section 2ofthe BilI~ theterm "landless" refers ta aperson who bas no legal orequitable interesl or any otber interest orclaim ta such an interest. in a dwelling ho~ residentiallan~ or any housing unit erected by the National Housing Authority ~ or in agricuJturalland upon which a dwelling house is permiued ta be built 51 PART II: THE IMPACT OF REGULARIZATION 1. FIELDWORK 1. Metbodology There is a fundamental difference between the Mexican context which constitutes the background to Varley's work and the Trinidad context where 1conducted my research. Regu larization programmes having been implemented in Mexico since 1970, Varley was able to do a comparative study ofregularized and unregularized sites. Such an approach was not possible in Trinidad because. in the absence ofan appropriate legislative framework, no squattersettlement bas been regularized yet. Acomparative study ofpre·and post·regulariza· tion settlements not being feasihle in Trinidad, 1opted instead to focus on the factors which influence squatters' decisions in terms ofbousing investment, in arder to detennine ta wbat extent the prospectofregularization is atTecting this decision-making process, and to evalua te how actual regularization might influence il. 52 1chose to conduet a bousehold survey, 14S in the form ofsemi-struetured interviews, in two squatter communities located in peri-urban areas ofTrinidad. 1had initially intended to interviewthe head ofthe household whenever possible. 1did some research in the relevant literature to find a suitable definition ofthe concept, but none satisfied me. In fact, 1am not sure whether that could have served any useful purpose for my research. It seems that this notion bides Many assumptions about gender raie definitions and division oflabour within the family and/or the household.l deeided to ignore the concept altogether. 146 ln selecting the research sites. 1relied on advice and suggestions from different sour ces but most importantly from the Community Development Officers working in the Squatter Regularization Unit. The criteria which govemed the selection ofthe research sites were the following: First.1 chose communities that were settled relatively recently because [suspeeted that the building aetivity would he more intense at that stage. [ wanted to document the process offormation ofthe settlements and thought that it would he easier to have aecess to that information in more recent settlements. Secondly, [ chose communities where the Squatter Regularization Unit had only reeentIy started to intervene; [felt that1should choose sites where regularization had only begun to he discussed in order to see what effect this 10lS The final version ofmy survey questionnaire was eompleted in Trinidad with the help ofagraduate student in the Planning and Development Programme atthe University ofthe West Indies. The questionnaire contained 125 questions and took between forty-five minutes and one hour to administer. [ had planned to choose random samples ofrespondents in each seulement but bath tumed out ta be small enough for me to interview one adult in every household. [ tried 10 caverail houscholds; âfno one was al home. 1wouId come back the following days untill was able ta reau:h someone. Ail interviews were eonduded by myselt: with the help ofRicky Harris. a very able and competent field assistant. We followcd the sante routine in both communities. We werc introduced ta the president ofeach eommunity group by the Community Developmcnt Officcr in charge ofthat particular settJement,. and 1 explained the purpose ofmy research. Weconduded interviews on every clay ortheweek, ineluding Saturdays and Sundays. in order to reach people who worked during the weelt. We usuaIly arrived in the seulement around 9:00 am and completed between fourand six interviews before lcaving around 3:00 pm. 1would then spend the remaining hours ortheclay going overeach questionnaire and filling in the information [had not becn ableto take down during the interview. 146 Forinstanœ, in the Report onlMSurveyojSqrlatlenpublished in Marda 1980. the head ofthe household wudefined as bcinatbe ~berofthebousellold who iscbieOy responsible forthefùnc:tioniDg orthebouscbold.ft [t went on ta state tbat 'in the case ofthe primary &mily unit. i.e. busband9 wifc and cbildren. the busband is eonsidered as the head.ft Report onlhe SII1WJ' ofStpltlllen. supra note 103 al6. S3 would have had on the level ofhousing investment within the community. Thirdly, 1chose communities that were small enough for me to conduet a significant number ofinterviews, and that were accessible by public transport from Port-of-Spain. Finally, in order to try to assess cultural differences, 1selected one community settled by a majority ofsquatters of East Indian descent and the other settled by a majority ofsquatters ofAfrican descent. The men and women 1interviewed showed a lot ofinterest in my projeet and were very cooperative. Although some people were initially a little reluctan~ everyone agreed to participate and willingly shared theirexperience and theiropinions with me. often discussing issues at length and with a wonderful sense ofhumour. In the end, the refusai rate was 00/0. 1realized., however, that the answers to certain questions were unreliable. For instan ce, answers to questions concerning the length ofresidence in the settlement or the date of construction ofthe dwelling were obviously unreliable, as were answers to questions about the immigration status ofcertain respondents. In certaincases, 1would realize that an answer was not reHable during the course of the interview. in other cases during subsequent discussions with my field assistant. When it seemed harmless orwhen 1fell it was the result ofan oversight, 1brought it up with the respondent. In most cases though, particuIarly ifthe contradiction related to what 1sensed were sensitive subjeets, 1usually did not confront the reSPOndent direetly. In the few cases where 1decided to do so. 1ended up antagonizing the respondent without getting more SPeCifie answers. 1 will point out, in the course of the foUowing discussion, answers which 1feel are not reliable. 2. DescripdoD ofsites 1chose two smalt squatter communities, one located in north central Trinidad, and populated in majority by squatters ofEast Indian descent, and the otheral the western extre mity ortheeast-west corridor, more heterogenous in its ethnie composition, but with squat- 54 ters ofAfrican descent making up the largest group. 1called the former community"Flatland Settlementn and the latter "Hillcrest Roadn (not their real names) in order to respect the pri vacy of the respondents and to maintain the confidentiality of the information they 50 willingly shared with me. LocatioB ofReseaRb Sites a) Flat/andSettlement Fladand Settlement is located in north central Trinidad, in a region known as the sugar belt. Around the beginning ofthe 20th century, Indian sugar workers settIed along a river, on land that belonged to a large sugar company.147 lnthe 19205, the settlement devel- 147 The infonnation related in this section was glcaned fiom various sources including documents round in the files orthe Squatter Regularization Uni~ various interviews with squatters and an interview with the president orthe Fladand Village Co.cil. S5 oped into a village which was officially incorporated in the early 1960s. TodaYt Flatland Village, withapopulationofapproximately 1,000 inhabitants, is "aneat compactcommunity t9 which has weil paved streets and a good standard ofbuUt development .148 The squatter settlement which 1studied is located on land adjacent to the Village. By the 1970s, it had become apparent thatthe growing population could no longer he contained within the existing boundaries ofthe Village. Consequently, the Village Council tried to arrange grants ofland from the sugar estate company or from the government to allow the Village to expand. Various applications for land were made in the 1970s and 1980s but none were successful. Sometime in the 1980s, the sugar estate company which had been cultivating land around the Village ceased to cultivate a portion ofland located immediately north ofthe Village. Within a few years, residents ofFlatland Village started to clear the sugar cane and to grow vegetables for their personal use. One day, a local contractor decided to build a gara ge on the land and started to clear the cane, level the ground and move building materials. 149 Realizing that their"option" on the land was threatened .. the villagers convinced the contrac... tor to move elsewhere and, with the help ofthe Village Council, decided to take matters into their own bands and to plan the development ofa new settlement. The Village COUReil did a survey ofthe land and, making allowances for future roOOs, allocated plots ofland ofS,000 square feet to residents ofthe Village who wanted space to build a house. lso 148 Planviron, [Flat/and SettlementJ. Squatter Regu/ari:ation: Firsl Stage Report (Port-of-Spain: National Housing Authority, (996). 149 The contractor would have bcen a squatter as weil; he had no authonzation ta build his garage on the fallow land. ISO 1was not able ta asc:ertain on what basis the individual plots were actually alloaded. The president ofthe Village COUReil told me tbat thcy wereassignecl on the basis ofneed. Interestingly, a number ofthe present residents ofthe settJement W~ membcn ofthe Villa&e COUReil when theexpansion was planned.lnteratingta note as weil is the fact: that 5,000 square fcet is also the Itofticial~ size for building lots in Trinidad and Tobago. ln addition, pursuant to section 2(1) ofthe Bill, 5,000 square (cet is the maximum amount ofland that a squatter would he entitJed to have reguJarizcd. Thus, formai sector standards ~ in this particular ~ compliecl with in the 56 Fint Trace, Flatl.ad Seulemeat Over the next years. people from outside the Village also moved into the squatter settlement. Thus, Fiatland Settlement grew as an extension ofthe Village and there still is a close relationship between the Village and the Settlement. In fac~ 50% ofthe squatters l interviewed stated that they had lived in Flatland Village before moving into the SeUlement, and 63% said they had relatives in the Village (see map ofFlatland Settlement on following page).1S1 informai sector as weil. lSl Drawings ofthe settlements are includcd ta give the reader a gcncral impression ofthe spatiallayout of cach settJement. 57 58 [n January 1996, the National Housing Authority commissioned a study ofFlatland Settlement inorderto determine wbether it should he included inthe regularization program me of the Squatter Regularization Unit. A first report was submitted to the Authority in November 1996, following which Flatland Settlement was designated for regularization; it is now included in the schedule to the Bill. A Community Development Officer bas been working with residents ofFlatland Settlement since 1996. [n the summer of 1996, consultants hired by the National Housing Authority did a physical survey ofthe settlement. According to this survey, there were at that time forty-nine dwellings in the settlement. thirty-eight being occupied, and a population of 126 people. [n October 1997, slightly over one year later, [ counted seventy-six dwellings, between thirty nine and fOrly-six being occupied,151 and thirty standing empty but not abandoned. Except for one vegetable stail, one small dry goods store, one woodwork factory still under construction and one building used as a temple, ail structures in Flatland Settlement are residentiaL A1though Central Trinidad is traditionally rural, the area immediately sur rounding Flatland Settlement is in the process ofurbanization. 152 While Many residents of Flatland SenIement maintain a vegetable garden for their own use, only 8% practice agricul ture as an income-eaming activity. No one in the Settlement bas electricity but approximately 20% ofthe households have a telephone. No house bas running water either; there is one standpipe located in the Village and those who live close enough ta it nID hoses to fiIl water tanks. The others must 151 It was often difticult to cstablish whedtcr or not a house wu aetually occupied. For instancc. [ was lold once chat a particular house was occ:upied but when wc later looked inside. itwucompletely bare.ln another case. the OOnt door wu sligbdy ajar and clothes were bung on a Ii~ but in the two weeks [ condue:ted interviews in the scttIement. neither the door nor the c:lothcs moved. Presumably9 these houses belong ta penons who are not presendy living in the scttIement but who are nonethcless hoping to benefit ftom regullrization. The neighbours were probably proteetine these people·s c:1aim to regularization by insisting that the bouse was oœupied. 151 ln rad. thue is a National Rousine Authority residential projcet on the south side orthe ViDage. 59 eithercarry water from the standpipe orhave it brought in by truck. Tbere is no sewer system in Flatland Settlement; everyone uses outdoor latrines. 1conducted thirty-eight interviews in Flatland Settlement which has a population of approximately 150-175 people. 91% ofthe surveyed population is East Indian. 5% African and 4% mixed. 1S3 54% is male and 46°../0 is female. 92% ofthe squatters were barn in Trinidad and Tobago and are citizens ofthe country. 8% were born in neighbouring Caribbean coun tries (Guyana and Grenada) and ail of them stated that they were legal residents of the country.1S4 h) Hil/crest Raad The second community [ selected is located in the Diego Martin VaIley ~ at the west ern extremity ofthe East-West Corridor, and approximately fifteen to twenty minutes by car from Port-of-Spain. Diego Martin is a rapidly growing area with ~4a wide variety ofland use activities ranging from rural squatting to low- and middle-incarne residential communities, commerce and industry."lss Many squatting communities have sprung up in Diego Martin, bath on the relatively fiat valley floor and up the steep bills on both sides ofthe valley. HilIcrest Road is one ofthe hillside settlements. ISJ Ali respondents whom [ eategorizcd as bcing mixcd aetually told me that thcy were "Dougla". The tenn is a Hindu word which means "married out ofonets caste". Il was eventuaUy incorporated inta Trinidad English to referta the otTspring ofa union betwcen an East Indian and an Afric:an: R. Reddoc~ ~ ~Douglarisationt and the PoUlies ofOender Relations in Contemporary Triniclad and Tobago: A Preliminary Explontion" in R. Deosarant R. Reddock & N. Mustapha. eds.t Conte",porary [mlU in Social Science: A Carlbbean Perspectivet Vol. 1(St. Augustine. Trinidad: ANSA MeAL Psychologica1 Re:search Centre~ Faculty ofSocial Sc:icnces~ University ofthe West lndiest (994) 98. 154 1have no way ofverit)ting this information. Considering the fact that squaltcrs must bc citizens or legal residents ofTrinidad and Tobago ta be eUgible for regularizationt [ do not think tbat the answen givcn to that question arc very reliablc. 155 o. Brown & J. ~ Mayfair Gardetu ûlale Resident Suney: S.,m",ary Report (Port-of-8pain: National Housing Authority~ 1991) at 2. 60 The squatter settlement on Hillcrest Road has developed over the last ten to twenty years. 156 ln the beginning, people came up Hillcrest Road to hunt. Eventually, they started planting and harvesting long tenncrops, mostiy fruit trees such as coconut, banana, plantain, citrus, breadfruit and mango. In those days, access was possible by car. Overthe years, sorne people built rudimentary structures which were used to keep garden tools and to sleep in al crop time. Eventua1ly, dwelling houses were built and people moved in ona permanent basis. The settlement pattern is different from that ofFlatland Settlement where streets have been laid out by the Village Council on a grid Madel. On Hillcrest Road, the houses were built haphazardly up the hill, along the crest (see map ofHillcrest Road on following page). 156 The infonnation onthedevelopmentofHillaestRaad wuglcancd fi'om various interviews witb squatters and ftom an interview witbtheCommunity DevelopmcntOfficcrin chaqeoftheseulcmcoL Becauscsquatters tend ta overestimate Che length oftbeirresidencc. ail daIcs JivCR are somewbat approximative. 61 • \ \\) d '~" ~ C 4- ~ 1 (] & • g:~ /J • i 62 Approximately two years ago~ a bridge located at the base ofHillcrest Road was washed away during the rainy season. Today the only access to and from the Hillcrest Road settlement is on foot. It takes about thirty minutes to walk from the maxi-taxi stop151 at the bottom ofthe bill up the relatively steep bill to the last house on Hillcrest Road. Members ofthe community group have been lobbying public authorities to have the bridge rebuilt, or an alternative access road CU~ but nothing bas been done as ofyet. Patll ladin. up BUlcrest Road 151 Aloog with collective taxis, privatcly-opcrated maxi-taxis (which would be called mini-buses in Canada) are the main fonns ofpublic transport in Trinidad. 63 Unlike Flatland Settlement, Hillcrest Settlement does not "piggyback" on a neigh bouring community. Most squatters moved there frOID other locations in Diego Martin~ or from Port-of-Spain. Electric poles were recently installed along Hillcrest Roa~ but ooly five residents out of eighteen have applied for and obtained a connection ta their bouse. Interestingly, there does not seem ta be any pirating ofelectricity. Only two households.. located at the very bottom ofthe bill, have a telephone. Sorne squatters living althe very top ofthe hill have installed a piping system which brings water down to their bouse from a spring located higher up in the mountain. It is maintained by one squatter who charges a monthly fee for the services. Those who live lower down the bill must fetch water from a standpipe located at the very bottom ofthe road. Most bouses have pit latrines, but some have installed septic tanks. Hillcrest Road is part of River Estate, an area designated for regularization in the Scbedule to the Bill. The Squatter Regularization Unit bas been involved with this commu nity since January 1996. At the time ofmy fieldwork, there were thirty structures on HiIlcrest Road, twenty-one ofwhich were occupied. Ofthe remaining nine structures, two were under construction, and the rest were empty, in various stages ofabandonment. 53% ofrespondents reported having Iived on Hillcrest Road tor over ten years, although for reasons already stated, the reliability ofthis information is questionable. AlI the structures on Hillcrest Road are dwelling bouses. 41% ofrespondents stated that they pursued agriculture as an incorne earning activity. 1condueted seventeen interviews on Hillcrest Road, which bas an estimated popu lation offorty-five ta tifty people. 1had been told thatthe settlement was in majority African and selected it on that basis. In faet, the results ofthe survey show that it is much more diverse. 400Aa ofthe respondents said they were African, 33% East Indian, and 26% mixed. Interestingly, the malelfemale ratio is almost the same as in FIadand Seulement: 56% male and 44% female. 97% ofrespondents said that they were bam inTrinidad and Tobago and 64 that they are citizens ofthe country. One persan reponed that his father was barn in Grenada and that he had been naturalized. o. RESULTS AND ANALYSIS 1. Faeton Inftuencïng Houling IDvestmeat To say that squatters invest in their dwelling before title is granted is trite. Ifthere was not an initial ÎDvestment in the construction ofa dwelling, however rudimentary it is, there would be no squatting. A direct outlay ofmoney is not essential; building materials can he found or recycled and labour can he provided by the squatters themselves or by friends and family. In all cases, however, squatters will have invested bath human and material resources in the construction ofthe dwelling. Thus, squatting, by defmition, implies sorne level ofîn• vestment before tenure is granted. More specifically then. regularization affects housing improvement. and should make housing and community conform ta planning, construction and environmental standards. Typically, squatters improve theirdwellings through a process ofincremental devel opment. This process has often been documented in squatter settlements and Trinidad is no exception. The evidence bath in Flatland Settlement and Hillcrest Road is that the original structure is often rudimentary.IS' 22% ofrespondents in Fladand SettJement (FS) and 29% in HiUcrest Road (HR) reported that the duration ofconstruction for the original structure was onder sevendays. However, squatters improve theirdweUings overthecourse ofsevera! years. This is illustrated for example, by the faet that while 45% (FS) and 67% (HR) ofthe tSI The notion of"original ~ refcrs ta the dwelling that the respondent tint built wben he or sbe arrived in the settlcment. as opposed ta the w.existinC strue:ture"~ wbich is the dwelling existing at the lime ofmy 6c:ldwork. 65 original structures had ooly one room, only 13% (FS) and 28% (HR) of the existing structures were still one-room dwellings. One-room house, n.tlaad SeUlemeat The investment that squatters are willing to make to improve their dwellings before tenure is granted varies significantly from household to household. While in some cases 13% (FS) and 33% (HR) - no improvements had been made to the original structure, the vast majority ofsquatters - 87% (FS) and 67% (HR) - had made at least one improvement to their dwelling since the original construction. The most frequent tyPe ofimprovement rePQrted is the addition ofone or more rooms to the original structure: 48% (FS) and 3901'0 (HR). 66 Two-room bouse, Flatlaad SeUlement Besides housing improvement, regularization is also intended to encourage invest ment by squatters not ooly in their individual dwellings, but aIso in community projects, tbrough self-help initiatives. Such projects iDclude the building and maintenance ofroads, the construction ofcommunity centres and the introduction ofurban services such as water and electricity. Il is clear, however, that community initiatives are organized and canied out before regularization is granted. For instance, the Flatland Village Council was reSPQosible for actually planning the development ofthe squatter settlement by having a physical survey done and allocating building plots white making allowances for roads. The roads were filIed and are maintained by squatters themselves. InHillcrest Raad, squatters have installed and are still maintaining a water distribution system which brings spring water to seven bouses. 67 It appears clearly then that actual tenure regularization is not a condition sine qua non for investment by squatters in their housing and in their community. Decisions about housing investment are influenced by Many factors and it is important to take them into account when thinking about regularization oftenure because they can have a very significant impact, either positively or negatively, on the level ofinvest ment, and the importance and nature otïmprovements done by individual households. Like the initial decision to move into a squatter settlement~ the subsequent decisions to invest in the dwelling are rational choices made by squatters taking into account various desires and constraints. a) Prospect ofRegu/arization As a flfSt point, il is clear that the prospect of reguJarization stimuJates housing investment within squatter settlements. Evidence shows that in Trinidad, as was the case in Mexico, the mere announcement ofregularization increases development within squatter eommunities, thus making actual reguIarization almost redundant. Therein lies the great paradox inarguing that regularization stimulates development. IfreguJarization is aimed al stimulating development, and yet the Mere announcement ofthe policy achieves thal goal, then regularization as a housing poliey is bath self-fulfilling and self-defeating. Il is self fulfilling because announcing the poliey achieves the same objective as the policy itself. It is also self·defeating because regularization is based on the assumption that housing invest ment will accur after (egal tenure bas been granted, thus contributing to the development of legal settlements; yet its announcement stimulates housing investment before tenure is granted, thereby contributing to the increased development of(illegal) squatter settlements. In bothcommunities [chose~ the announcementthatthe sitewouldhe regularized had been made within the two yean previous to the date ofmy survey. Once a site bas been 68 designated, the tirst step in the regularization process is a visit to the settlement by aCommu nity Development Officerwho explains the regularization process to the squatters. Although 1did not witness what was announced during those early meetings, it is obvious trom what squatters told me later that they learned how the regularization programme will proceed and what the eligibility criteria will he. Asa result. Many squatters have modified their behaviour. As mentioned above, regularization will ooly apply to land on which there was a dwelling house, construction ofwhich was completed orwas is in the course ofcompletion immediately before the appointed day. Because the appointed day has not been announced yet and because it could precede the coming into force ofthe Bill, there is uncenainty as to how far back the squatters will have to reach to establish their occupation ofState land for the purposes ofregularization. Consequently, squatters are trying ta establishthe longest pos sible length ofresidence. One way to do this is by telling me that they have been there longer than they really have, hoping that 1will disseminate this information. In Flatland Sett1ement, for instance, one squatter explained that he had built bis family's house eight years before 1interviewed hint. Later, however, he said that he and bis wife were previously living with his parents in the Village, and that they had moved ioto the squatter settlement and built their house when their eldest child started to walk. Sïnce he had told me that this cbild was six at the tinte ofthe interview, 1knew he could not have lived in the settlement for more than five years. The uncertainty around the appointed clay, coupled with the prospect ofregulariza tian, bas clearly encouraged housing investment. Flatland Settlement is a case in point. The number ofdwellings in the settlement rose from approximately forty-five in JuIy 1996 to seventy-six in October 1997, a little overone year later, an increase ofalmost IOO%.'s9 (59 see map ofFlatiand Seulement al 57. 69 It is all the more striking in the case ofFladand Settlement that the majority ofnew structures are located inthe same area and are oot presently occupied. These dwellings (they are called garden sheds by squatters because tbey are located in an area that is still being gardened) were apparently built within a few weeks after the ward spread that the area would he regularized. Families bad been gardening plots for years and were holding the land for their children. When tbey were told that their land would be eligible for regularizatioo only ifthere was a dwelling house on it, completed or in the process ofcompletion, they quicldy put up a small one-room structure ta protect tbeir children's claim in the land. l60 Sorne did not build a complete structure but merely poured concrete foundations or put up a few wooden posts. Because no prior physical survey had been done ofHillcrest Road, it was impossible for me to determine with any accuracy how Many structures were built after the residents were informed that the area had been designated for regularization. In faet, among the 161 squatters 1interviewed, the shortest length ofresidence rePOrted was three years. [ observ ed one new dwelling being constructed while [ was there. 162 Although the data is somewhat sketchy, it does appear that the same amount ofbuilding activity did not take place on HilI- 160 The process oflandappropriation takes diffen:nt fonns in ditrerent squattersettlements. Until the announ cement ofregularization. squatters in FlatJand Settlement had appropriated land by clearing the sugar cane and planting a garden. Squatters refer to this procas as "blocking the land". On Hillcrcst Road, the appropriation pro cess involves clearing a spot in the forest and planting fruit trees. orsimply harvesting fruit trees already there. In bath cases. the action is meant ta express to the rest ofthe community thataplot has becn appropriated by someone, that it is no longer considered vacant land and fi'ec for the blking. When regularization wu announced in Flatland Settlement, the approprianon proœss changed. While gardening had UDtil then Mensufficient ID show thatthe land had been appropriated and that it was being occupi~ suddcnly it wu no lonlersufficient for the purposcs ofregu larization. The aetwbich constitutes occupation for the purposcs ofreplarization is the construction ofa dwelling bouse. To continu theiroccupation. squatters therefore hadta build a dwelling. Thus. the prospect ofregularization "forced" squatters to build. For an interesting discussion about the diffen:nt aets which constitute occupation in various contexts. sec C. M. Rosc. PropertyandPe'srlQS;on: Essays on lhe History. Tlteory. andRheloric ofOwner ship (Boulder. Colorado: Wcstview Press. 1994) al 11-23. 161 One squattersaid that he had lived in the sett1emcnt for five months oolyt but he wu renting a dwelling fi'om somcone who did not live in the settfement. He did not know when the house had been built. 162 ( was told ofal lcast two other bouses beina built "in the busb". but ( did not sec them. 70 crest Road as in Flatland Settlement. 1would suggest that this probably bas more to do with the access problem than with anything else. b) Security ofTenure The basic assumption underlying tenure reguJarization is really two-fold. First, it is assumed that regularization~ by granting squatters legal title to the land they occupy, will give them security oftenure. Secondly, it is assumed that haviDg security oftenure will incite squatters to improve their dwelling, their community and their environment through a pro cess of self-help. As Varley bas suggested,163 this statement confuses what sbould he considered as two distinct notions: security oftenure as a legal concept and security oftenure as a sentiment, a subjective concept. Tenure, the ~fundamental doctrine ofthe law ofland", "means the holding ofland on certain terms and conditions; in other words it refers to the manner in which the law a1lows a person to hold land'".IM Thus, in law, security oftenure refers to the right ofthe holder of land to the continued enjoyment ofthe land subject ta those certain terms and conditions~ and consequently ta the right not to be ejected from the land. These rights can he enforced in couns oflaw. The subjective concept ofsecurity oftenure, on the other band, refers to a perception by squatters that they will he allowed to remain on their land. In this sense, security oftenure involves a conviction., which can have varying degrees ofstrength, tbat they will not he ejected from their land. Thus there are two concepts ofsecurity oftenure, one objective, and one subjective. Fundamental to the present discussion is the fact that these two concepts do not necessarily 163 "Tenure Legalization", mpra noie 24 al464-465. 164 R. Megarry & H.W.R. Wad~ The Law ofReal Property, Sth ed. (London: Stevens, t984) al 3. 71 overlap. This is illustrated by the following example. Before they started squatting, Many squatters were renting accommodations elsewhere: 40% ofrespondents in Flatland Settle· ment were tenants before they moved to the settlemen~ and 29% on Hillcrest Road. At law, the holder ofa valid lease enjoys full security oftenure as long the terms and conditions of the lease are met.. the main one being payment ofthe rent. However.. for many people in Trinidad~ meeting rent payments is difficult. They have irregular income and coming up with the rent each month means a constant struggle and a frequent source ofstress. Under such circumstances, tenants feel that they enjoy little security oftenure because they do not know from one month ta the next ifthey will be able ta pay the rent and remain in their dwelling. Many squatters 1interviewed told me that they had decided to move ioto a squatter seUlement because they were tired ofthis uncertainty. They preferred to squat and spend whatever money was available, when it was available, on building a house and improving il They felt more secure squatting, which affords no legal security oftenure at all, than they did renting. Thus the legal concept ofsecurity oftenure and the feeling ofsecurity perceived by squatters do not always overlap. My research suggests, as did Varley's work, that housing investment is influenced by the feeling ofsecurity oftenure acquired by squatters much more than it is by the fact that legal security oftenure is attached to the land through regularization. In fact. a majority ofsquatters [ interviewed, 63% in Fladand Settlement and 76% on Hill crest Raad, said that they were not worried about being removed from their land, although none ofthem enjoy any legal security oftenure, thus expressing a very high level ofconfi dence. This, ofcourse, begs the question as to how squatters develop this feeling ofsecurity. (i) Public Discourse and Public Action Except perhaps for a short period oflime after the emancipation ofslaves when the Statc tried to implement measures to contain squatting on Crown Land, successive govem menls in Trinidad bave in general adopted an attitude oftolerance and have even, al tîmes, 72 "actually supportedthe establishmentand the entrenchmentofsquatting. They have done this with active suppo~ but mostly by not enforcing the existing laws.,,16s The present govem ment was elected on a politicai platform ofproactive housing policies~ including a promise to adopt appropriate legislation to give security oftenure to squatters on State land, and on land belonging to State agencies. l66 The present Minister of Housing and Settlements, Mr. John Humphrey, has been championing the cause ofsquatters for years. In 1983. while he was an Opposition Member ofParliament, he was one ofthe founders ofSou-Sou Land Limited. 167 He is cunently res ponsible for piloting the 1998 Regularization Bill. Humphrey bas often stated publicly that squatters have "rights" to their land. He was recently quoted in a Trinidad newspaPer as bav ing asked "How can you he a squatter in YOUf own country? Acountry belongs ta its citizens and we have a Constitution that makes that absolutely clear.,,'61 For years now, Humphrey bas based bis defence of squatters on the preamble of the Constitution which reads as follows: Whereas the people ofTrinidad and Tobago (...) (b) respect the principles ofsocial justice and therefore believe that the operation ofthe economic system should result in the maler;a/ resources ofthe community beingso distributedas to subserve the common good, that there should be adequate means oflivelihood for ail (...); 169 165 "Squatters and the State'\ supra note SI al 38. 166 HOllSing andSettlements. supra note 9 al 28. 167 See above al 34. 161 Wanser. mpra note 141. 169 Constitution ofthe Republic ofTrinidodand Tobago. Laws ofTrinidad and TobagOt ch. 1:01 [Emphasis added]. Sce aIso Laughlin..ffIpra note 117 al 6. 13 It was related to me by various people, not ail ofthem squatters, tha~ in a public speech made a few weeks before 1arrived in Trinidad~ the present Attorney General, Mr. Ramesh Lawrence Maharaj, had also stated that squatters have rights to the land they occupy. Ofcourse, such statements are heard by squatters who read newspapers, listen to the radio and watch television. What is important for squatters is not the legal validity ofthe claims made by the Ministers but the fact that the public discoW'Se on squatters is couched in a language of rights. Moreover, this rights discourse is grounded in the Constitution, the supreme law ofTrinidad and Tobago. Since 1996.. the govemment bas officially stated that i1he enjoyment ofhousing is a fundamental hwnan right".170 Thus, squatters' claims to State land are also based on human rights standards. Not orny do these statements and policy decisions reassure squatters, but they also give their claims a high degree of legitimacy by grounding them both in the Constitutionand in human rights discourse. As aresult, squatting becomes a legitimate hous ing alternative, and any stigma attaehed to squatting disappears, to the point that the Minister ofHousing and Settlements wants to stop using the term "squatter.,,171 This makes squatters feel very secure in their position, notwithstanding the fact that they still do not have legal security oftenure. Besides statements made by govemment officiais, the feeling ofsecurity perceived by squatters is intluenced by actions ofvarious public authorities. Variey bas argued tha~ in the Mexican context, the predominant factor which influences squatters' feeling ofsecurity is the physical upgrading oftheir community. The regularimtion programme implemented 110 This statemcnt wumade in the context orthe govc:mmcatts participation in Habitat litthe Second United Nations Conference on Settlements. held in lstanbult Turkey in June 1996. Hmuing andSettlements. supra note 9 al 36. 171 Wanser, supra note 141. More recendy, in the Senile debatc on the 1998 Regularizatioll Bnl, it was suggested by one Opposition senatorthat squatters want ta be mown as "homesteaders" instcad or"'squatters". J. HlCk~ WSqualtcrs: Cali Us Homestelders". Exprus (16 Scptember 1998). online: Internet Express by the Squatter Regularization Unit since 1989 includes physical upgrading orthe commu nity. Seeing public services such as better roads, electricity, street lighting and standpipes being brought into their communities tends to increase the squatters' sense ofsecurity. The communities [ studied had ooly recently been designated for regularizatioo and the Squatter Regularization Unit had ootyet started any upgrading work. However. Hillcrest Road had, in the two or three years before 1did my survey, henefited ftom a programme aimed at bringingelectricity to communities which were without il. The programme included a self-help component: the residents were involved in the construction work by digging the holes to plant the poles in. The programme did not include individual connections and only five households were connected by the time 1was there, but many intended to do so as soon as they had improved their dwelling to a level they deemed satisfactory. Many Hillcrest squatters stated that they felt comforted by the installation ofelectric pales. They believed that they would not he given electricity ifthe govemment's intention was to eject them later. Squatters' level ofconfidence is also influenced by the building activity going on withio the settlement. The larger the settJement becomes and the more housing investment there is, particularly when the improvements are ofa permanent character, such as replacing board by bricks, the more secure squatters are likely to feeL Many squatters told me that they felt comforted by the fact that more people were moving into the settlement and making sorne improvements, because the more consolidated the settlement became, the moredifficult it would he for the govemment to remove them. 75 Improved brick house, Flatland SeUlement Ironically, the sense ofsecurity Celt by many squatters in Flatland Settlement was aIso increased by the distribution ofnotices ofevictioD. [nearly May 1995, the National Housing Authority distributed a notice ofeviction to ail residents ofFlatland Settlement. The notice was addressed to persons ii'engaged in the illegal erection ofa structure upon State Lands." Its stated purpose was to give squatters notice "10 remove the said structure forthwi~ failing which the lawfully authorised agents ofthe State [would] remove the said structure without funher notice." [t was distributed by band to those who were at home at the time and [eft tacked to the front door ofempty bouses. The notice caused quite a commotion. Squatters organized and, with the backing of the Flatland Village COUDcil, met with govemment officiais inorderto find an alternative solution. Eventually, the then MinisterofHousing and Settlement granted squatters a reprieve. 76 ln fact, the purpose ofthe notice was not really to remove squatters but to give them formal notice sa as to protect the State's right ofaction against squatters under the Crown Suits Limitation Ordinance l72 and to counter any claim ofadverse possession on the part of squatters. Pursuant ta this Ordinance, no action can be brought by the State to recover any land after a period ofthirty years from the date on which the right accrued. Many squatters had really believed they would have to leave. However, when the notice ofremoval was not followed with any action by the State, squattersconcluded that the notices were a bluffand that the State never intended to remove them nor was it very likely ta do sa in the future. This beliefwas buttressed by the fact that an earlier notice ofremoval had been served in mid-1991 under the NAR government in similar circumstances. Again residents had organized and reprieve was finally granted by the State sometime before the general election in the fall of1991. In the end, because they were not followed by anyaction. these notices ofeviction, which were meant to give notice to the squatters that their tenure situation was insecure and to protect the State's interests, only served to increase the squatters' sense ofsecurity. (H) Access ta Information Squatting is one ofvarious housing alternatives; sorne people squat while others buy, rent, stay with family or live in public housing projects. In an analogy with the stock marke~ people who decide to squat are like people who iovest in highly speculative shares as opposed to those who buy safer blue crop stock. As an investment, squatting entails a higher degree ofrisk than other housing alternatives. Many squatters told me that squatting is like a gamble~ they invest human and financial resources in the hope that they will be allowed to stay. And so, just like people who play the market, squatters are a1ways on the lookout for 1'72 Supra note 130. 77 information. Access to information allows squatters to develop a better sense oftheir situa tion and to better assess their chances ofsuceess. Having aceess to the right kind ofinforma tion eoneeming such things as the location ofpossible squatting areas.. the availability ofland within these areas, the proeess ofland appropriation, the likelihood ofgovemment interven tion or the chances ofregularization is probably a determining factor in the initial decision to squat. Furthermore, by being better infonned, squatters also feel more secure. Moving ioto a community like HilIcrest Road requires access to sorne information about the settlement. Although it is located relatively close to a bustling commercial areaand to the tum-around point for maxi-taxis travelling to and from Port-of-Spain, Hillerest Raad is somewhat remote because the road that leads up to it is hidden behind a park and the bouses, located higher up on the bill, are not visible from the bottom ofthis road. With the bridge gone. access is even more difficult. Thus, it would he hard to imagine how someone could end up in that community without having been told about it by someone. In fact, MOst ofthe residents ofthatcommunity said that they moved to Hillcrest Road after being brought up there by a friend or a relative who knew the area and knew that there was land available. The situation in Flatland Settlement is different, because the settlement cao easily been seen from the main road on which it is located. A few squatters who moved there from other places in Trinidad said that they had seen it while travelling by maxi-taxi on the main road, and had later come to enquire about available land. c) Economie Factors PantinandMohammed(Trinidadscholars and activists) have suggestedthat"poverty is the predominant cause of [squatter) settlements and [that) it provides the major 78 impediment to sustainable settlements policies (...)."173 They argue that there is a close correlation between poverty and the proliferation ofsquatting. 174 Like the initiai move to a squatter settlement, decisions about housing improvement are strongly conditioned by economic factors. As a general rule, the income ofmany squatters is lowand irregular. Many of them are employed in the informai sector. while others rely on Unemployment Relief Programmes. 17S [t appears clearly from the results ofthe survey [ conducted that housing improvement is undertaken ooly when incorne is available; in fact, availability ofincome was the most frequent answer to questions about the timing ofparticular improvements. This situation is not likely to change with reguJarization alone. [n fact.. Many squatters said that ifthey were given the opportunity to do so, they would use ail available incorne towards the purchase ofthe land and postpone housing improvements until the land was paid for. Regularization couJd therefore reduce the pace ofhousing investment, al least tempo rarily. On the other hand, many squatters stated that the reason they had done a particular improvement in their dwelling was that they had received a sudden and unexpected amount ofmoney, such as a giftat the birth ofa child, orcompensation for a workplace injury. Given a fmancial opportunity to invest in their house, they were not hindered by the absence oftega! tenure to their land. [t should he noted, however, that while Many squatters 1interviewed are indeed poor, it is not the case ofail ofthem. In Flatland Settlement, where the average income reported was TTS2,OOO, 1met a police officer, a land surveyor, a customs broker as weil as a private 173 The DundonaldHill Eslate, sup,.a note 19 al 8. "'[Squatting] is itselfthe rcsult orthe fàilure orthe market to ereate conditions offull employmcnt alan average wage whic:b CID pennit participation in Ihe formai settlemcnt market by asignific:ant minority orthe population." Ibid. al 12. 174 Ibid. al 1L 175 Unemployment ReliefProgrammes are administercd by regional corporations. They provide work to the unemploycd on public: WOrD projec:ts suc:h as road maintenance. forpre-determined periods oftime, oftcn ten days. Henc:c, whcn askcd whether ornot they were employed, squatters often answcred: W[ do a littfe ten-days here and there." 79 contractor. Thus. while micro- and Macroeconomie conditions are very important~ the heha viour ofsquatters, both in terms orthe initial decision to squat and ofsubsequent decisions regarding housing improvemen~ is not determined solely by economic factors. One argument often offered in favour ofregularization oftenure is that without legal title., squatters cannatobtain creditfor housing investment. However, the evidence frOID Flat land SeUlement and Hillcrest Raad suggests that credit is available to at least some squatters, who were able to borrow money ta finance housing improvement. Sources ofcredit are di verse., ranging trom informalloans from relatives and friends to personalloans from banks and other credit institutions. Il cannat he said therefore that credit is not available without regularization. ft is true that mortgage financing is not available~ but squatters do have access to other forms ofcredit. ln Flatland Settlement~ 45% ofrespondents reported that they had used credit ta buy materials or ta pay for labour to build their bouse or to make subsequent improvements. Of those who had used credit for bousing improvements, 35% borrowed money from relatives and friends and 47% from banks and ather finaneial institutions. The amounts borrowed ranged from TIS200 to TfS40.,000.176 On Hillcrest Raad, ooly one respondent out ofseven teen had borrowed money for bousing improvements; he had borrowed rrs10,000 from a bank. It should he note~ bowever, that not aIl squatters seem to have access to credit with the same ease. For instance, the incidence ofcredit in Fladand Settlement was much higher than on Hillcrest Raad. This suggests that access to credit may depend more on the incame 176 One respondent reported that he wu able to borrow mloo,ooo fi'om a financ:ial institution in order to build a fadory in Flalland ScttIemenL His situation is somewhal unique in that he bas bœn running a woodwork shop in the Villaac fOf yean. He rcc:endy dccided to cxpand his business and, to that end, hlS started to build a new fadory in the squatter settJement, OD a lot thathis pamdsused to œcupy. Not surprisincJy te the finlncial institution was not told spec:ifically what themoney was to be used fOf. It seems. although the respondent was vague aboutthis part ofthe story. that the money wu bonowed with the stated intention ofbuying a new car. 80 of squatters than on the legality oftheir land tenure status. The average monthly incorne reported in Fladand Settlement was 1752,000, with incomes ranging from TISSOO to 1756,000, whereas the average monthly incorne reported on Hillcrest Road was TTSI ,300, with incomes ranging from TIS400 to TIS4'1000. While theoretically, regularization would allow squatters to obtain mortgage financ ing, it will not increase their income; and credit trom banks and other fmancing institutions may not be any easier to obtain. Nor can it he assumed that banks will accept squatter dwel (mgs as guarantee. Their value is relatively lowand banks May not he interested. Moreover. land and dwellings located within squattersettlements typically do not comply with planning, building and environmental standards, which could deter certain financial institutions trom accepting them as guarantee. Non-compHance with development standards will not automati cally disappear with regularization oftenure. Another factor which May limit resort to credit among squatters even after regulariza tion is a certain dislike ofcredit that was expressed by Many ofthem. Varley had noticed it in the Mexican settlements which she studied. l77 Particularly in Flatland Settlement. respon dents seemed to disapprove ofborrowing money in generaI, and bank loans seemed to he more strongly stigmatized than loans from family and friends. One concem often raised was that borrowing money puts them in astate a dependency on the (eoder; and creates insecurity because ofthe difficult to malee regular payments on the loan. 171 Although regularization would allow squatters to mortgage their interest in land, they May not choose to do 50 because they know that mortgaging land wouldjeopardize their newly-gained security of tenure. 177 "Tenure Legalization.", supra note 24 al 473474. 171 It may weil be that this far comes fiom the expericncc many squaaers bave bad ofbciDg tenants, and of the difficulties ofmeeting monthly relit payments~Sec abovc al 71. 81 d) Cultural Factors Certain cultural praetices found within specifie ethnie communities aiso influence squatters' behaviour in terms of bousing investment. Traditionally, Trinidadians of East Indian descent have lived within extended families under the same root: The children live with their parents until they are married. After marriage, the sons continue living in the parents' bouse with their new bride and eventually with theirchildren, wbereas the daughters move iota their new husband's family home. At the death ofthe parents, the aider son keeps the parents' house and the other sons move into their own bouse, where the cycle starts anew. l79 This family structure ereates specifie needs in tenns ofhousing. For instance, squat ters ofEast Indian descent may tend to build larger houses than squatters from other ethnie communities. 'so In Flatland Settlement, where 91 % ofreSPOndents areofEastIndian descen~ few squatters have children old enough to marry; yet Many respondents told me that they were already thinking ofbuilding a bigger bouse to accommodate their children's families. 48% ofail improvements made in Flatland Settlement were additions ofone or more rooms to the dwelling, while on Hillcrest Road only 39%ofimprovements were additions. Further more, bouses in Flatland Settlement tend to bave more rcoms than those on Hillcrest Raad. Only 40% ofthe bouses surveyed in Flatland Settlement have two rooms orless while 60% bave three rooms or more. On Hillcrest Raad, 60% ofthe bouses bave two rooms or less while 40% have three rcoms or more. 119 M. Klass, .~ Lire Cycle in an East Indian Village in Trinidad" in M.M. Horowitz. ed., PeoplesandCultures ofthe Caribbean: An Anlhropological Reade,. (New York: The Natural History Press, 1971) 436; M. KIISS, East lndians in Trinidad: A SlIIdy ofCultural Penistence (Prospcc:t Heights, IL: Wavcland Press, 1988). tlO The impact ofcultural fiM:tors on bousing dcsilll as weil _ settlement patterns bas becn discussed cise wberc. Sece.g.J.S.Duncan, cd.,. Horuingandldenlity: Crou-CullllralPerspectiws(NewYorle Holmaand Meier, 1982). For Trinidad, sec Punch & Hewitt, mp,.a note 99 Il38, where the autbors argue tbatthe design ofhousing projec:ts must respect cultural sensitivmes: R.W.A. Osborne, if ReviNa/SOlfIe oflhe MajorFactors Affectingthe Provision o/Housi",in Trlnic/QdandTobago inthe 198D'.r(St. Augustine, Trinidad: DepartmentofCivii Engineer· ing, Univmity orthe West Indics, 1981). 82 These differences should probably not he overstated, however. There may be addi tional reasons why houses are on average smaller on Hillcrest Road. The average rnonthly incorne is larger in Flatland Settlement than it is on Hillcrest Road sa that there is more money available for housing improvements in the former community. As well, car access ta Hillcrest Road is presently impossible.. making transport ofbuilding materials difficult. Some squatters have putoffdoing any housing improvements UDtil the bridge is rebuilt. It may aIso he that Hillcrest Road being a hillside senlement, construction work is more difficult. [n fact, one squatter who was planning ta extend his house had spent the previous months digging, by band, into the side ofthe bill to prepare a level ground in which to pour the foundatioos. This being said, however, the important point is that decisions about housing investment are also influenced by cultural factors and the retention or, altematively, the disappearance of certain cultural practices May affect the development ofsquatter communities. For instance, housing improvement in squatter settlements is facilitated by the exis tence oftwo indigenous informai institutions, "sou-sou'" and ·'gayap.,,111 Sometimes des cribed as a rotating credit institution, sometimes as a personal savings mechanism, sou-sou is a system whereby individuals contribute a specific amount ofmoney to a pool al regular intervals and.. each in turn, collect the pool. For example, if ten people each contribute TISIOO a wee~ every participant will colleet TISI,ooo every ten weeks. Although its name suggests a French origin ("sou" meaning "penny" in French), sou-sou originates from asimi lar institution known in West Aftica and was probably introduced ta Trinidad by African slaves. While sou-sou may have African mots, research suggests that otherethnic communi ties in Trinidad have similar institutions. l12 III The imponanœ oftbac institutions bas becn recognizcd by the present govemmenL The Minister of Housing and Settlemcnt rec:endy stated that "systems like "sou-sou" and "gayap" [were] to he retained. sincc tbey help to develop a society." Wanser, supra note 141. 112 Within the East Indian community. the institution is called "cbïtty... D. Lcvilly "Susu and lnvestment: A Pilot Survey ofan Indigenous Security lnstitution in Trinidad" (M.A. Thcs~ FlelCherScbool ofLawand Diploma· r:.y, 1973) [unpublished]. Sec aIso A. Pamut. The Role ofInfontlallnstilJltïonafÂn'QlfgelfftlntsinShoping Housing Oulco",e: E"idence/ro",rrinidadandTobago(Glvlc.Sweden:lnstituteforHousingReseardl.UppsalaUniversity, 83 In Hillcrest Settlement, while only one respondent reported using a bank loan to finance housing improvement, four squatters said that they had used sou-sou money for that purpose. The amount ofmoney collected from sou-sou ranged from 17$800 to 1152,,700. These constitute substantial amounts when one considers that the average monthly incorne reported in that settlement is TTSl,300. In Flatland Settlemen~ only one squatter reported that he was participating in a sou-so~ in which he collected 175200.183 hGayap", also called ·'lendhand", is another informal institution which stimulates housing investment in squatter settlements. One ofthe most important costs in construction work is the price oflabour. To avoid that cost" squatters usually participate in the construc tion work. ln Flatland Settlement, 92% ofrespondents participated in the construction ofthe original structure while 82% worked on subsequent improvements. On Hillcrest Road" 670/0 ofrespondents worked on the construction ofthe original structure while 650/0 participated in later improvements. As most construction work requires several hands" Many squatters depend on gayap to save on the additional costs oflabour. According to this practice, friends and relatives are recruited to help with construction work. These people are usually not paid, although food and drink May he provided. In some cases, the helpers will he gjven ·'a little something". Some phases of the construction also require skilled help. While some squatters do hire skilled labour, Many were able to recruit a friend or a relative, usually a carpenter, to hand1e the more critical work sncb as framing and rooting. In Flatland Settlement, 84% ofrespon- 1996). 113 The discrepancy betwecn settlements in the numbcr ofpeople who participatc in a sou-sou carl possibly be cxplained by a ditference in methodology. FlatJand Seulement wu the first community 1surveyed. 1askeel rcs pondcnts whether they had ever borrowed money ta do any work on their house but did not explicitely asIt about sou-sou. When 1did the survey on Hillcrest Ro~ 1dcc:idcd ta speçifically mention sou-sou.. This might cxplain al lcast panially why mac seans ta be a hiaher incidence of5OU-SOU OD HiIlcrat Raad. It may aIso have a cultural CXplanatioD rclated ta the relative mistrust ofcredit round in East Indian communities., and the bclieftbat sou-sou is indced an institution closer to the Amcan cultuM. 84 dents relied on friends and family for the construction ofthe original structure, and 50% relied ontbem forsubsequent improvements. InHillcrest Ro~ 56% ofrespondents recruited friends and family to help with the construction ofthe original dwelling while 35% did so for subsequent improvements. Houe uRder eoutruetioD, Flada.d SeUlement Generally, squatters in Flatland Settlement relied more often on friends and relatives for construction work than did squatters on Hillcrest Road. 1believe that there are three fac.. tors which can account for this difference. First, it is generally felt that Trinidadians ofEast Indian descent tend to he very loyal to their extended family group; this could explain why relatives were more involved in construction work in Flatland Seulement, where the vast majority of residents are ofEast Indian descent. Secon~ a large number ofresidents of Flatland SettIement(63%) have stated thatthey have relatives in Flatland Village; the proxi.. mity offamily members makes asking for and securing theircontribution casier. Finallyt the 8S access problems faced by residents ofHillcrest Road, in particular the lack ofcar access, probably makes it more difficult to convince friends and family living outside the settlement to participate in construction work. ••••••• Housing improvement requires an investment on the part ofsquatters in both finan cial and human terms. As with any other kind ofinvestment, decisions about housing invest ment involve weighing various considerations; in the end, squatters make rational choices about the timing, the nature, and the level ofinvestment they are willing to make in their dwelling and in theircommunity. As the results ofthe survey show, tenure regularization is not a condition sine qua non to housing investment; housing improvement starts long before regularization occurs, and it is in faet influeneed by Many other factors besides squatters' legalland tenure status. The assumptions made about the impact oftenure regularization on the level of housing investment in squatter communities seem to ignore, or at least to underestimate, these other factors. Concluding then that the impact ofregularization on housing investment is not as central or as direct as it is often presumed, 1now turn to the next leveI ofanalysis and ask what effect tenure regularization is likely to have, in fact, on squatter settlements. 2. Effeets ofReplarizatioD a) Regularization and Development As no squatter bas been regularized ye~ any discussion on the impactofregulariza... tion in squattersettlementsisspeculative. Asmentioned earlier~ the announcementofregula... 86 rization both in Flatland Settlement and HiUcrest Raad bas clearly increased the squatters' sense ofsecurity and stimulated housing investment. The question is then: will actual regula rization achieve anything more? The ultimate housing investment for squatters is ta build a brick house. Wooden bouses can he taken apart and moved elsewhere; the building materials can be recycled sa that the investment is not completely lost ifsquatters are ejected from their land. This is not true ofbrick houses because the building materials cannat he recuperated. Ta use bricks presupposes an almost absolute sense ofsecurity. At the tinte ofmy survey, 45% ofthe dwelling bouses surveyed in Flatland Settle ment were already built, entirely orpartially, with bricks. ln Hillcrest Road., 39%ofthe dwel lings surveyed were at least partially made ofbricks. Most orthose who had not yet built in bricks planned ta do sa in the future, and Many said that they were waiting to ·~get the land". This would suggest that regularization could have the effect of increasing the number of brick buildings. There are certain caveats to this, however. First, Many ofthose who said that they were waiting for regularization to build with bricks aIso said, when probed, that if regularization did not happen within a reasonable amount oftime, they were likely to go ahead with their plan anyway. Second, other reasons made squatters wait before building with bricks. Availability of resources (building with bricks represents a major financial investment) and, inHillcrest Raad, access problems were the reasons most often cited for not having built in bricks yet, and these problems will not automatica1ly he solved with regular ization. 87 Brick house uDder construction, Billerest Road b) Regu/arization andthe Importance ofOwnership Varley suggests that regularization May have advantages tbat May not he directIy link ed to an increase in the level ofhousing investment in squatter settlements. She relates the evident satisfaction felt by squatters who become the ~reaI' owners oftheirhomes: "the long ing to own a small area ofland and a home, however modest, was~ after ail, what bad caused many of them to accept the risks, inconvenience and even dangers of living in iUegal, UDServiced settlements.,,114 On the basis of 1990 Census data regarding home and land tenancy, it bas been suggested that there is a strong drive towards home ownership among lM Tenure LcgaJization. supra note 24 al 476. 88 Trinidadians.la~ According to the 1990 Census, 74.3% ofail dwelling units are owned by the people who occupY them, up from 63.8% in the 1980 Census. 186 It has been further suggested that this drive towards home ownership is one ofthe causes ofsquatting. l87 Assuming that this trend should he encouraged" could regularization he considered as a policy to encourage home ownership among squatters? ln answering this question, it is important to remember the distinction between ownership ofhome and ownership ofland. [n fact, while the proportion ofhorne ownership in Trinidad is very high, the proportion ofland ownership is much lower. According to the 1990 Census, only 38,2% ofowned dwelling units are Iocated on land owned by the house hold, while 31.5% are located on rented land, either from the State or from private owners" 7.9% on leased land, and 7.2% on squatted land. lal While it is clear that squatters have no legal rights in the land they occupy, their legal position is not so clear with respect to their dwelling. However, whatever the law May be, it is clear that squatters, who are very aware that the land does not belong to them, unanimously believe that they own their homes. This belief is evidenced by the existence of an active market for the sale of houses in bath settlements 1surveyed. While the vast majority ofsquatters had built their own homes, three respondents from Flatland Settlementand two from Hillcrest Road reported having purchas.. ed their bouse from a previous owner. Consequently, it is not clearthat squatters are looking forward to regularization as a means towards home ownership. Regularization would, however, allow squatters to say that the land is theirs, sorne.. thing that many said they were looking forward to. ·'Having something to call ourown" was Ils Punch & Hewi~ supra note 99 al 42. 186 1990 Population andHousing Census. VoL VII. supra note 20 al 112. 187 Housing andSeltlemenu. supra note 9 al 7. 111 1990 Popvlatioll andHausing CelUllS. Vol VII. supra note 20 al 112. 89 an answer 1was often given when 1asked squatters why they thought that owning land was important ta people. But surprisingly, while the vast majority ofrespondents were looking forward to regularization, a large number ofrespondents could not think ofone specific way in which it would change their life. l89 In theory, regularization bas the effect ofbringing land into the formal market. offully commodifying il. Land that is in the formai market can he transferred inter vivas or upon death without restrictions. Interestingly, this was not some thing that the squatters seemed to consideras a great advantage. None ofthe squatters 1inter viewed had made a will and very few seemed to ever have the intention to do so. Further more, very few seemed interested in selling their land, although a few mentioned the possi bility ofmortgaging it after it had been regularized. Therefore, the inclusion ofland in the formai market did not seem ta make much of a difference ta a majority ofthe squatters interviewed, particularly considering the fact that, for those who are so inclined, there is an active, ifinformai.. housing market within squatter settlements. which would allow them to sell their house. Moreover, it appears that there is a1so a market for the sale ofState land. 1had been told that in certain squatter settlements, plots ofland were ·~sold" to newcomers by established squatters who, having settled earlier in the community, were able to appropriate more land than they needed for themselves. 1 asked squatters whether such a practice existed in Fladand Settlement or Hillcrest Road. Many denied it, adding that the land belongs to the State and that, therefore, squatters have no right to sell it. Others were less categorical in their deDiai. 1was told that in certain cases, a squatter who bas appropriated land will "give" it to a newcomer but will charge a priee for having cleared il, or will sell the fruit trees tbat are on i4 50 that a SUIn of money is exchanged for the transfer ofthe right ofoccupancy ofthe land, but the transaction is not 119 Acertain numbcrofsquattcrs were rather inditrerent taregu1arization. and one respondentwas vehemendy opposed ta il. There is a widespread belietamongthe squatters thatthey will not be aliowed to lœep more than StOOO square feet ofland, wbich is considered as the standard building lot. rn filet, section 2orthe Bill defines a Mdwelling housett as meaDing "a building used mainly as a dwellinl bouse orresidenœ and includ[ing] land occupied therc with, notexceeding5.000stpllII'efeet ",ore orlus"[emphasis addcd]. This panicular squatter "owns" much more than Ibis and abus stands to (ose land in the regularization process. 90 coostrued as being a sale ofland. It is obvious that squatters perceive such transactions to he illegaI, as well as illegitimate, and many are reluctant to talk about them. Finally, it should aIso he noted that regularization as it is envisioned in the Bill will oot make the land fully transferable. Certificates ofcomfort will not he transferable at ail; statutory leases will he transferable upon death only; and the transfer ofdeeds oflease will he subject to the State's option to purchase. and to the approval ofthe CommissionerofState Lands, making any formal transfer ofland in fact more cumbersome that it is now. c) Regularization and Dispute Resolution Varley suggests that regularization could help ta proteet squatters ~"against the threat ta their security oftenure presented not by the government butby, forexample, disputes with neighbours or conflicts between the heirs ofone ofthe original settlers."190 Contrary to what bas been reported in the literature about Latin American informai settlements, where squatters form neighbourhood committees which exercise legislative and adjudicative functions,191 the squatters 1 interviewed in Trinidad did not seem to have developed any institutional dispute resolution mechanisms. l92 Except in very few cases, most 190 '~enure Legalization". supra note 24 at 476-477. 191 Sece.g. B.deSousa Santos, Towarda New Common ~nse: Law. Science andPoliticsin the Paradigmatic Transition (London: Routlcdge, 1995). where the au1bor describes the adjudicative funetions ofthe president ofa neighbourhood council in a favela in Rio de Janeiro; KL. Karst. M.L. Schwartz &. Al. Scbwartz. The Evolution ofLaw inthe Barrios OfCQTocQS(Los Angeles: Latin American Center. University ofCalifomia, (973); K. L. Karst. "Rights in Land and Housing in an [nfonnal Legal System: The Barrios ofCaracas" (1971) 19 Am. J. ofCamp. L. 550; R. Pérez Pcrdomo & P. Nikk~ "The Law and HomeOwnersbip in the Ban-ios ofCaracas" in A. Gilbert. ed., in association with J.E. Hardoy & R. RaIDirez, Urbanization in Contempo,ary Latin America: Critica/Approaches 10 the Analy.sÎS ofUrban Isnes (Chichester: Jobn Wiley & Sons t 1912) 205. 192 This is a preliminary conclusion and more research is needcd on this point. For one Ibini. [ bclieve that my methodology wu not adeqUlte to elicit much information on the question. The format ofthe interviews did not allow me to cstablish a close enough relationship ta the extent th. respondents would have bœn willing to share information aboutdisputes. whetl1er pastoron-goiDg. My questions aboutcontlie:ts with neigbbours were met with 91 squatters who admitted ta having been involved in a conflict with a neighbour also claimed ta have dropped the matterso as "not to malee any more trouble". It may be that wbat squat ters have done is to develop dispute avoidance orprevention mechanisms as opposed to rules ofdispute resolution. One ofthe reasons why squatters wouid do this is tha~ as squatters, they are outside the reach offonnallaw; thus, they do not have access to courts nor.. would it seem, ta any other forum to settle disputes. In particular, it was often stated that except on rare occasions, the police do not intervene to settle disputes occurring within squatter settle ments. This is illustrated by the case ofa woman who had been living in Flatland Settlement with her family for seven years. She told me that about two years before 1interviewed ber, someone had come and started clearing a plot adjacent to hers. This person had then appa rendy proceeded to put up a fence, but in so doing encroached on what she felt was her land. When 1asked her what she and her husband had done about this situation, she said that be cause both her family and their encroaching neighbour were squatters, neither could claim that they owned any land and therefore the dispute could not be resolved. She was hoping that the problem would he solved at the time of regularization when the land would be surveyed and allotted. 193 Another example ofhow squatters avoid disputes is their general reluctance ta rent out theirdwellings. The incidence ofrentai activity in the settlements 1studied was extremely gRIl n:luctan~most squatters obviously bein& uncomfortable in admitting the cxistence ofany such dispute. Even whcn 1tricd usmg ditTerentand softertenninology sucb as ~isunderstandinl" or "disagrcement".1 felt 1was tre&d ingon very delieate pound.For adiscussion ofthe roleofthe village pandit in East IndilD conununmes. and similar conclusions aboutthe absence ofadjudicative fimc:tions. sec B.M. SChwartz, "Extra.Legal Ae:tivities orthe Village Pandit in Trinidad" (1965) 38:2 Antluopological Quancrly 62. 193 Once the Community Development Oflicers stIrt working in a squaaer sctdcmen~ they assume some adjudicative fimetions and seule many disputes conc:emingland ïssucs.1n Flatland Settlement for insIan~ some complaints bad becn sentto the Squatter Regularialion Unit by onewoman who claimed thatoneofherneighbours wusellmg land loc:ated in the senlemcntto newc:omcrs. The mlltcrwas investiptedbysomeonefiomthe Unitwbo came to the scatemcot, but bec:ause no one wu round to confinn the I1leplio",the matterwas droppcd.. 92 low. None of the squatters 1 interviewed were renting out nor had ever rented out their dwelling or even a part ofit. In Hillcrest Settlement. 1round ooly one tenant, although an ather squatter told me that he was letting a friend live in bis bouse for a white. He was adamant that this friend was not a tenant. He went on ta explain that ta rent a dwelling in a squatter settlement is dangerous because the tenant May claim later that he owns the house; and because squatters generally believe that they do not have access ta the courts, nor to the police, they feel that tbey would bave no recourse. Consequently, they prefer not ta rent at ail. While regularization would allow squatters to have access to the courts and sa, per haps, to he in a better position ta proteet their rights,l94 it May aIso have the effeet, at least temporarily, ofincreasing the incidence ofdisputes. In the proSPect ofregularization, some people have already started to jockey themselves into a position to benefit from it. One typical example is the case ofa woman who was oceupying a dwelling owned by someone else. Hearing that regularization might he approaching, the owner ofthe dwelling, who was living outside the settlemen~ decided to reelaim it to make sure that he would be the one to benefit from reguiarization. 19S The woman had to vacate the house when the owner decided to ·'repossess" it. The presence, or absence, ofdispute resolution mechanisms within squatter settle ments will take ona new importance with the coming ioto force ofthe Bill whicb, as we have seen, 196 maves away from the judicial resolution ofdisputes. It seeks to encourage the invol vement ofcommunities in settling disputes arising from the regularization process. From the 194 Whether courts are really accessible to the poor is ofcourse arguable. 195 Pursuant to section 4 ofthe Bill, the Land Seulement Committee will have the discretion ta reguJarizc either the tenantloccupier orthe IlIIdlordlowner ofthe dwelling. Obviously ~ the owner in titis case did not want to take any chances. 196 Sec above al 48. 93 evidenee [ have colleeted in Flatland Settlement and Hillerest Road. 1do not readily see how this will he accomplishe~ at least in these eommunities. Residents ofsquatter settlements are eneouraged by the Community Development Officer incharge oftheirsettlementto fonn a community group which can acl as liaison hetween the squatters and the Squatter Regul arization Unit. Such group could also he involved in the resolution ofdisputes. lnthe settle ments [ surveyed" however, no such group was active. Flatland Settlement is pereeived by sorne ofits residents as being an extension ofthe Village and" therefore" ta faH under the jurisdictionofthe Flatland Village Council. This May explain why no eommunity group was ever formed. Thejurisdiction ofthe Village Couneiloverthe squattersettlement is" however" contested by other residents who are not likely to aecept its involvement in any dispute resol ution effort. 197 In Hillcrest Road" a community group was formed but it apparently did not survive the subsequent emigration to the United States of its most active member; it still exists but it has been inactive for years. In addition, and this is true of both settlements" community groups seem to he considered somewhat as political entities, with theirsupporters and detractors, and it remains to be seen whether they will he perceived by all squatters to have the independenee required to he aceepted as legitimate dispute Mediators. d) Regularization and Political Manipulation Regularization eould reduee the amount ofpolitieal manipulation to which squatters are subjected. In Latin America., research has shown that squattersettlements affiliated to the governing party are less likely than others ta he demolished and more likely to benefit from regularization and upgrading programmes. 191 InTrinidad, it would seem that political mani- 197 As meoboncd above. over halfthe squattas ofFlatiand Settlement are relatives ofVillage residents. This has created. within the settlcment. adivision ofthe population iota two groups: those who have aconnection to the Villll~ and the "outsiders". It is unlikely mat the latter group would recognize the jurisdietion orthe Village Couneil. perceived to be aftiliated ta the former. over the resolution ofdisputes. 191 Sece.g."SettIcmcnt.lllcp1ity.and LcgaliDIion''.supranote 17; P. Ward. "Politic:al Mediation and Illegal Seulement in Mexico City" in A. Gilbert, ed~ Hmaing and Ltmdin Urban Maico (San Diego: Center for U.S. Mexican Stumes. Univcnity ofCalifomiaIlSan Dieao. 1989) 135. 94 pulation ofsquatters is less intense. No evidence bas been found to suggest that legislation dealing with squatters is applied differently to squatter settlements based on political affilia tion. l99 However, squatters as a group are vulnerable to clientelist policies. A good example ofthis is the political timing in the distribution ofnotices ofremoval. As mentioned earlier, notices ofeviction were served on residents ofFlatland Settlement in mid-1991 and again in May 1995, each lime within months ofan upcoming general election.2OO Because oftheir timing, many squatters felt that the distribution ofthese notices was really intended as poli tical manipulation. [n both cases, the govemment was able to benefit bath from the satis faction ofthe general population that it was ··dealing with squatters" by sending out notices ofremoval, and from the gratitude ofthe squatters themselves when itgranted them a reprie ve. Regularization, once achieved, could make squatters less vulnerable to such manipula tion.20I 199 "Squatters and the State". supra note 51 al 36. This is not to say that such allegations are not made. For instance, during the recent debate on the Regularization Bill in the House ofRepresentatives, members ofthe PNM, DOW in the Opposition, "accused the govemment of targeting PNM constituencies for squatter removal". K. Maharaj, "Job Knocks Humphrey over Tobago Squatters". Express (20 April (998),onHne: Internet Express 200 Ste above at 74. 201 Ofcourse, the regularization procas itselfcao he the object ofpolitical manipulation. For example, the Opposition has alleged that the govemmcnt was "discriminating in favour ofEast lndians in its squatter regulari sationpolicy".R.Taitt, "Manning Lashes OutatGovemment's SquatterPolicy", Erpress(l4 March (998),online: Internet Express e) Regularization andCilizenship Antonio Azuela de la Cuev~ a Mexican scholar, bas argued that the illegalland tenu re status ofresidents ofinformai settlements prevents them from fully exercising their citi zenship rights.202 In Mexico.. residents ofinformai settlements do not have access to urban public services because they do not have formai property rights in their land. The author argues that access to public services is included in the notion ofcitizenship, and concludes therefore that regularization is a precondition to the full exercise ofcitizenship. ln Trinidad, the situation is not sa clear. Lack offormal tenure rights does not ne cessarily preclude squatters from having access to public services. In cenain cases, however, it remains problenlatic. For instance, residents ofFlatland Settlement cannat be provided with electricity because the utility company requires that the applicant produce a proofof legal tenure before a connection is approved. In the case ofHillcrest Raad, however, no such proofis required and sorne squatters have already been connected. As for telephone services, praof oflegal tenure is not required and, as long as the physical infrastructure is in place, squatters can he connected to the service. Therefore, it could be argued that regularization is necessary for squatters to have access to sorne public services, but not ail. As we have seen, the Squatter Regularization Unit and the Project Execution Unit have also been implementing infrastructure upgrading projects in various squattersettlements since 1989. Community Development Officers act as intermediaries between the squatters and utility companies an~ in certain cases, provide squatters with letters allowing public services to he brought into the settlements. Thus, the State bas decided to overlook the lack oflegal tenure to provide urban services. By proceeding to upgrade squatter settlements, it 202 A. Azuela de la Cueva, MLa propriété, le logement etle droitCirconstances sociales etformes juridiques" (l99S) 66 Les Annales de la Recherche Urbaine S. 96 acknowledges that urban services can he provided or upgraded before regularization occurs.20J 3. Regularization and Exclusion Regularization can also have negative outcomes which should he taken into account from its inception. [ have already described how regularization retroactively legitimizes squatting and, because it henefits those who choose this housing alternative over others, etTectively encourages it.204 The evidence from FlatJand Settlement and the amount of building activity which followed the designation of the settlement for regularization is convincing in this regard. Another critique to which regularization can he subjected is that is bas the effect of excluding certain segments ofthe population from its benefits. [n sorne cases, such as with illegal immigrants, the exclusion is complete and explicit. Inother cases, the exclusion may he an indirect outcome but it is no less reaL Besides illegal immigrants, two other groups of people could potentially he excluded from the benefits of regularization: the poor and womeo. a) The Exclusion ofR/ega/lmmigrants As was the case underthe 19861egislation, the Bill excludes illegal immigrants from the benefits ofregularization. While there are no requirements in terms ofimmigrationstatus 203 For tùnher a discussion on the State disreprding its own Icpi system, sec É. Le Roy. "Un droit hors la loi? Irrégularités etillégalités foncières dans quelques situations urbaines d'Afiiquc noire" ((995) 66 Les Annales de la Recherche Urbaine 13. Sec &bave al67. 97 to obtain a certificate ofcomfort,206 the Bill states that a statutory lease can only he obtained by a squatter who is a citizen or a legal resident ofTrinidad and Tobago within the meaning ofthe Immigration Act. While interms ofpublic policy and redistribution ofresources there are arguably valid reasons why illegal immigrants should heexcluded from the regularization process.. it is nonetheless important to consider their situation. Ifthe proportion of illegal immigrants in squatter communities is as high as it is sometimes suggested, then to exclude them completely trom the process May have a significant impact on the life ofthese commu nities.207 Thisexclusion will make illegal immigrants very vulnerable to pressures which could be exerted by people who might want to take over their dwelling and put thernselves in a position to benefit trom regularization. Ifthe occupation ofland by illegal immigrants is not sufficient in the eyes ofthe State to give thern access to regularization, it is not clear whether it will rernain sufficient in the eyes offellow squatters or in those ofother people who could threaten their security oftenure. The legitirnacy ofthe occupation ofState land by illegal immigrants is already questioned by sorne squatters. Within the squatter settlements [ studied.. it was clear that the occupation ofland by illegal immigrants, and even in sorne cases by foreign-born legal residents, was not perceived as being as legitimate as that ofcitizens ofTrinidad and Tobago who, as it was explained to me, have a right to occupy what they considerto he '1heirown land". The legitimacyofthe illegal immigrants' occupation ofland 206 Sec above at 47. 207 The proportion ofimmigrants in the communities ( studied was surprisingly low considering the widely held and oft repeatcd hcliefthat immigrants malte up a substantial proportion ofthe squatter population. Only 8% ofthe population ofFlatland Settlemcnt and 3% ofthe population ofHillcrest Road stated that they were barn outside ofTrinidad and Tobago. Even ifl make allowancc for a certain pcrcentage ofunreliable answers given the sensitivity ofthe issuc~ the proportion is still much lower than [ had expcdecf. The 1980 survey ofthe squatter population had revealed tbat 25% ofthe population ofbousehold heads had been bam outside ofTrinidad and Tobago, the majority in Grenada orSt.Vincent. Ofthe foreign-barn respondents~ 75% reponed ta possess resident staIUs while 25% had nOIl-n:sidcnt 5IatlIS. nereport orthesurvey went 011 ta note, however, that this data was not reliable. Report on the Survey o/Squatters. mpra note 103 al4, 12. 98 within squatter settlements is likely to he further weakened once the regularization process gets under way. Ifand when their occupation is actually challenged by other squatters or by outsiders9 illegal immigrants will not necessarily give in easily, and this situation might lead to contlict and violence. On the other hand, ifthey are in fact pushed out ofthe communities being regularized, illegal immigrants are likely ta continue squatting and 9 because they have no hope ofever being regularized 9 to choose areas that have not been designated for regulariza tian and not likely to he. 8uch areas could be, for example, environmentally sensitive areas or areas that inhibit a rational upgrading ofinfrastructure. b) The Exclusion ofthe Poorest Squatters While illegal immigrants are explicitly excluded trom its benefits9 regularization could have the effect ofimplicitly excluding the poorest and therefore most wlnerable seg ments ofthe squatter population. The way in which this would occur is that the costs expect ed ta he borne by squatters at the tinte ofregularization are likely ta he above their means. Underthe Bi1l 9 these are to he paid in part by the squatters themselves. Section IS ofthe Bill provides that squatters who wish ta obtain a deed oflease for 199 years will have to paya premium and an annual rent, ail costs relating ta infrastructure development and the cadastral survey, as well as ail rees and stamp duties due in respect ofthe preparation and regjstration ofthe deed oflease.207 While the infrastructure development costs May he prorated over the term ofthe statutory lease, the total costs ta he borne by squatters are nonetheless substantial. 207 Sce above al 46. 99 Estimates ofwbat these costs could entail for individual households were made in a 1992 report prepared by the Committee on Regularization ofTeoure.lOI According to this repo~ regularization costs for an average size lotof5,000 square feet amount to TISI7,900, including TTS6,400 for the notional price orland, ITSIO,OOO for infrastructure upgrading (assuming community members would contribute through se1f-help)and TTSl.500 for legal 209 and technical costs. These figures are based 00 a price ofland ofTTSl.28 per square foo~ which may oot be the price charged to squatters. In fact, as noted already, the Minister of Housing and Settlement bas stated that squatters will only be charged TISO,25 per square foot,210 which represents a sum ofITSl,250 for an average sized lot. This still amounts to a total ofTISI2,750, taking ioto account the other costs. This is a substantial expenditure for squaning households and sorne ofthem might not be able to hear it. The poorest segment ofthe squatter population could theo effectively he excluded from the benefits ofregularization. In this respect, however, it should he pointed out that efforts have obviously beeo made to include certain features in the Bill which ease the financial demands made on squatters. Squatters will have a thirty-year period in which to accumulate the money to pay the costs required to obtain the deed oflease, since the prem ium, the annual rent reserved and other costs are not to he paid unill an application is made for the grant ofthe deed oflease, which can be put offuntil the end ofthe thirty-year statut ory lease. In addition, the Minister ofHousing and SeUlement has announced that a TIS300 million housing fund, managed by the Trinidad and Tobago Mortgage Finance Company, 20. Report a/the Commiltee on Regularizat;on o/Tenure. SJlpra note 19. 209 Ibid. at34. Sec also '"The Growth ofthe Informai Sccto~9 supra note 7at64. Fora discussion on the cquit able dimensions ofpublicsubsidies forsquatterregularization programmes in Trinid_sec M. A. Frojmovi~ "Equi ty ln Human settlements Policy: An Asscssmcnt ofAffordability and Cast Rccovcry Objectives in two Squatter Regularization Sites and Saviœs Programmes inTrinidad and Tobago~ (M. Urb. Thaïs. McGill University 9 1993) [unpublisbed]. 210 Wanser9 SJlpra note 141. 100 will offer squatters loans at lower interest rates.211 1t is not clear however, what will happen to those squatters who, despite theseaccommodations, stillcannotaffordregularization. Will tbey be allowed to remain in the settlements, tbereby creating a patchwork system ofland tenure where only sorne lots would he regularized and others would not he, or will they he forced outwhen the thirty-year statutory lease expires~12 [fstatutory leases were renewable. squatters would have an alternative to applying for a deed of lease. [n the absence ofa possibility to renew the !birty-year lease, squatters will either he evicted, or they will simply remain in occupation ofthe land, thereby creating new problems oftenure insecurity. Lack ofsufficient funds may therefore exclude poorer squatters from access to the henefits ofregularization. [n addition, sorne people may he excluded after the settlements have been regularized. [t is clear that the infonnal character of land and housing within squatter communities is the main reason why their value remains so low and squatters have access to them. [t creates a sort ofshield against the pressures ofthe open market. Once the land is formalized, this shield is removed and land and housing become fully commodified, which will increase their value. Furthermore, regularized land and housing will become subject to land and building taxes. Thus, newly-regularized land will he subject to economic pressures that squatters May not he able to resist, particularly when the land is located in prime areas, as Many squatter settlements in Trinidad are. These people to will he 100king for alternatives, in the form of low-cost vacant land or low-cost housing and, if none is available, there is no reason to believe that they will not resort to squatting in new areas. 211 Address given by John Humphrey, MinisterofHousingand Seulement, attheopcningceremony orameet ing ortheCaribbean Sub-regional Node orthe Ibcro-Amcrican and Caribbean Forum on Best Practiccs in Human Settlements fora More Sustainable Future, an event sponsored by UNCHS (Habitat)·Latin America and theC..o-. bcan, Pon.af-Spain9 Trinidad and Tobalo, 1~18 November 1997. Seealso WlIIISCI', ibid. 212 One ofthe specifie problems caused by a patchwork system ofland tenure is thal squatters who are not regularized will not pay the infiasttueture costs required by the reguiarizatiOD leplation. However, assuming the infiastruetures are in &ct buil~ they would nonethcleu benefit fiom ahan. Ibus bccoming fiec.ridcrs. 101 Presumably, the drafters ofthe Bill have thought about this problem and, as a solu tion, have included in the Bill, inorderto control land speculation, restrictions to the transfer ofcertificates ofcomfort, statutory [eases and deeds oflease.213 It is not clear. however, how effective these measures will he. Enforcement orIand transferrestrictions requires a efficient land registration system to allow for the monitoring ofland transactions. something that is not present in Trinidad.214 Moreover, given the fact that there is already an active informai housing market insquatter settlements, it may be unreaiistic to expect all post-regularization land transactions to conform to the restrictions imposed in the Bill. c) The Exclusion ofWomen [n the developing world. female-headed households are disproportionately represen ted among the poorest segment ofthe population and account for a substantial proportion of all urban households. 21~ At the same time, research suggests that while women are the princi pal users ofhousing,216 statutory land allocation programmes, ofwhich regularization is one example, tend to favour male-headed households.217 There is, therefore. a general need for the development and implementation ofgender-sensitive housing policies. 213 Sec above al 46. 214 J. Chung, l. Matthews GlcM &. lM. Wolfe, "Urban Land Tenure Problems and Housing the Poor: Exam pies from Trinidad and lndonesia" Montreal lnteruniversity Group, UrbanÎ:ation and Deve/opment, Discussion Paper No. 35-93 (Montreal: Montréallnteruniversity Group, 1993) al 13-14. 215 C.O.N. Moser, wHousing" in L. 0stergaard, cd., Gende,. andDeve/opme,,': A Practica{ Guide (London: Roudedge, (992) 76 al 76. 216 C.O.N. Moser, Gende,. Planning andDew/opment: Theory. Practice and Training (London: Routledge, 1993) at 52; J. Cleves Mosse, Ha/fa Wor/dHa/fa Clrance:An lntrodllction to Gentler andDeve/opment (Oxford: Oxfam. 1993) al 191. 217 UNCHS (Habitat), Women in Hu",an Senlements: Developtrrent and Management (Nairobi: UNCHS (Habitat), 198-) al77.SecaIso UNCHS (Habitat), WOIffen andH.",tUf Senlelllents Dewlopment(Nairobi: UNCHS (Habitat), 1989). 102 In Trinidad and Tobago, 28% ofall households are female-headed.21S Given the fact that women-beaded bouseholds are said to he over-represented in the poorer segment ofthe population, 1expected to find a significant number ofhouseholds headed by single women in the communities l was studying. In fac~ 1found no household headed by a single woman on Hillcrest Road and only three out ofthirty-eight in Flatland Settlement.219 Furthermore.. the male population was higher than the female population in both settlements: men account ed for 54% ofthe adult population surveyed in Flatland Settlement and 720/0 on Hillcrest Road. The discrepancy in the sex ratio round in both settlements as compared to the sex ratio in the general population220 suggests that certain squatter settlements may be more or less attractive to women. 1would think, for instance, that the security problems round on Hillcrest Road are such that single women alone or with children are not likely to move to that community. Such problems include the relative remoteness orthe location, particularly since the bridge was washed away, the total absence ofstreet lights, the use ofthe road as a pathway to transport illicitdrugs that are apparently grown in the surrounding mountains. and the tact that, in the absence ofcar access, the police is unlikely to intervene in the communi ty. One woman told me that she had been the victim ofan attempted rape by one ofher neighbours the year before 1interviewed her. The police did come (the bridge was still intact) but the man had been forewarned and hid in the forest, and the police left without even speaking to mm. The man was never cbarged. Another woman tald me that she wanted to move out because sbe felt tbat the area was unsafe for her daughters. 211 1990 Population andHoruing Census. Vol. li. supra note 4S al xiv. 219 Accordingto the survey ofsquatters done in 1980.26.8%ofsquaainghouseholdswere hcaded by womco. Report on the Suney ofSquaners. npranote 103 Il49. 220 The sex ratio for the gcneral population in Trinidad and Tobago is 99.9 men ta (00 women, vinually aon~ ta one situation. 1990 Census Population andHOIISing Censra. Vol II. svpra note 4S al xiv. 103 The less striking disproportion between men and wornen and the relatively small number offemale-headed households found in Flatland Settlernent probably have different causes. In Trinidad, as in the Caribbean in general, family structure is linked to ethnie and class differentiatioDS. In the Afto-Caribbean community, and more specifically within low incorne groups, the family cycle goes through three stages. Women under twenty-five are found predominandy in non-residential unions. Between twenty-five and torty-five, wornen make a shift towards residential unions and, as the panners grow older, towards marnage. After age forty-five, with separation and widowhood becoming more common, wornen are more often found as head ofhousebolds.221 The Indo-Trinidadian family structure is substan tially different. Women marry much younger, often in their early twenties, and two-parent tàmilies arc more prevalent.n~ In fact. out ofthe three households headed by single wornen in Flatland Settlement, two were headed by wornen ofAfrican descent. What this evidence suggests is that the proportion ofwomen varies from one squatter settlement ta another and that sorne settlements May offer an environment that is not suited to wornen's needs. What it means also is that choosing areas for regularization could affect men and wornen differently. Hillcrest Road, for instance, is a community where men are more present, so that, in that are~ regularization is more likely to benefit men than wornen. The present govemment does recognize the need for gender...awareness in housing policies. Indeed, it has stated its intention to support networking among wornen's groups to strengthen women's role in creating sustainable human settlements and to give special atten· tian ta the needs ofwomen as single heads ofhousehold.223 The need for gender-sensitivity 221 H. McKenzi~ "The Family, Class and Ethnicity in the Future ofthe Caribbean" in J. E. Green~ ed., Race. e/œs and Gender in lhe F,,1JB'e ofthe Caribbean (Mon~ Jamaica: lnstitute ofSocial and Economie: Resean:h, Univenity ofthe West Indics. 1993) 75 al 81·82. McKenzi~ ibid al 82; Klass, supra note 179 al439. 223 Housing andSettlements. supra note 9 al 30. 104 will he particularly important at the implementation stage ofthe regularization paliey. Re seareh suggests that reguJarization tends to favour men and special care should he taken so that it does not happen in Trinidad. There is a need in particular to think about who will he granted the certificate ofcomfort, the statutory lease and, ultimately, the deed oflease. The Bill provides that a certificate ofeomfort may he issued in the squatter's own Dame orjointly with another and that a statutory lease May he held joindy. Unfortunately, no such express provision is made for the deed oflease. In any case, these provisions alone cannat proteet wornen; the offieers of the Land Settlement Division who will he in charge of issuing certifieates ofcomfort and deeds oflease will need to take speeial consideration ofgender issues to malee sure that the irnplementation ofthe regularization poliey does not disadvan tage worneo. lOS CONCLUSION ln 1974, David Trubek and Marc Oalanter, two American legal scholars, published a critical article entitled "Scholars in Self..Estrangement: Some Reflections on the Crisis in Law and Development Studies in the United States.,,224 In this essay, which they described as a ""study ofthe relationship between scholarship and action,,,m the authors questioned the raie of law.. and that oflegal scholars and legal practitioners, in the development process. Responding to what they considered to he a foundational crisis in the law and development studies, an area ofinquiry "'concemed with the relationship between the legal systems and "development' .. the social, economic and political changes - occurring in Third World coun tries,"226 the authors questioned the theoretical assumptions underlying ·'liberal legalism", the then-current intellectual paradigm in the law and development movement. Liberal legalism advocated a model oflawand development which presumed, rather than attempted to prove, the capacity of law to influence social behaviour and, thus, the process ofdeve- 224 o. Trubek & M. Galanter.. "Scholars in ScI~Estrangement: Sorne Retlections on the Crisis in Law and Development Studies in the United Statcs" (1974) 4 Wisconsin Law Review 1062. For more optimistic views on the raie oflaw in developmen~ sec e.g. A. Allo~ "The Past and Future Contribution ofLaw ta Development in Afiica" in K. Madlener, cd., YearbookofAj;icaR Law" vol. 1(Heidelberg: C.F. MUller Juristischer Vcrlag. (980) 3; P. von Mehren & T. Sawers, 06Revitalizing the Law and Development Movemcnt: A Case Study ofTitle in Tbailand'" (1992) 33:1 Huy. Int'I L. J. 67. Trubek & Oalanter" ibid Ibid. 106 lopment. 227 The authors' analysis and critique focussed onthe theoretical assumptions under lying this modeL They questioned the fundamental premise that social behaviour confonns to legal norms, and that it can he altered by deliberate modifications ofthese norms.na Over twenty years after the publication ofthis article. the questions raised by Trubek and Galanter remain as pressing as ever. As bilateral and multilateral cooperation in the justice sector is becoming increasingly popular, research into the relationship between law and the development process needs to continue. The adoption ofa policy ortenure regularizationas ameans towards the development and improvement ofsquattersettlements is based on the argument that granting squatters title to their land will encourage them to improve their dwellings and their community. This reasoning rests onan instrumental approach to lawand to its role in the development process. Laws and legal institutions are seen as tools to he used to achieve development. The goal is to put in place legal rules and systems capable ofstimulating development, while those that are believed to constitute barriers to development are removed or modified. This reasoning thus assumes that law is a tool ofsocial engineering and that legal instruments can modify the behaviour ofsocial actors. The results of the survey 1 conducted in Flatland Settlement and Hillcrest Road suggest that, in fact, legal tenure is not a condition sine qua non to housing investment. On the contrary, it appears that housing investment is influenced by many factors besides the legality ofsquatters' tenure status. In this regard, il is important to distinguish between secu rity oftenure as a legal concept and security oftenure as astate ofmind; what effectively Development. in the paradigm oflibcral Icplism."was assumed to involve an incrcasc in man's rational capacity to control the world, and tbus in his abiüty to improve bis malcrial well-heing.99 and to ",romise grcater equality7 enbanccd ficedom, and fuller participation in the community." (foocnotes omittcd]. Ibid. al 1013. 221 Ibid. al 1072. 107 encourages squatters ta invest in housing is not so much the legality oftheir land tenure status, as it is the conviction that they will he allowed to remain on their land and to enjoy the fruits oftheir investment. These results also show that while regularization May have positive outcomes, which do not, however, necessarily have an impact on housing invest ment.. it can also have perverse effects and thus constitute an obstacle to sustainable devel opment. This research also suggests that, ta paraphrase Trubek and Galanter.. the capacity of the law.. in this instance regularization legislation, to influence social behaviour and thus the development process within squatter settlements, has been overestimated. Decisions about housing investment are influenced by a complex set offactors, among which economic and cultural considerations play a determining raie. Thus, while law May contribute to shaPe squatters' behaviour, it cannat, in and ofitself: constitute a total solution. To assume that legal responses can adequately address economic, social and cultural issues for example, is ta ask oflaw something that it cannot supply. In this era ofprivatization and disengagement by the State, in particular in the social sector, tbere is a risk that legal solutions will become a panacea to address problems of (under)development. Legislating constitutes a relatively inexpensive activity which does not require any direct outlay ofpublic money, and legislative reforms are assumed ta he capable ofreplacing former more direct modes ofState intervention in the quest for development. It is this assumption that we must continue to question. 108 BIBLIOGRAPHY LEGISLATION Constitution ofthe Repuhlic ofTrinidadand Tobago. Laws ofTrinidad and Tobago! c. 1:01. Crown Suits Limitation Ordinance. Revised Laws ofTrinidad and Tobago(1950), c. 5:02. Housing Act. Laws ofTrinidad and Tobago~ c. 33:01. Land Tenants (Security ofTenure) Act, Laws ofTrinidad and Tobago, Act No. Il of1981. Regularisation a/Tenure (State Lands) Act" Laws ofTrinidad and Tobago, Act No. 20 of 1986. 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Hardoy & Ronaldo Ramirez, Urbanization in Latin America: Critical Approaches to the Analysis ofUrban Issues (Chichester: John Wiley & Sons.. 1982) 79. Hardoy, Jorge & David Satterthwaite,·4>The Legal and the Illegal City in the Third World" in Lloyd Rodwin, ed., Shelter. Settlement. and Development (Boston: Allen & Unwin and UNCHS, 1987) 304. Heron, Angela B. & Fred Kooyman:'Evaluation ofUrban Upgrading in Kingston, Jamaica" in Reinhard J. Skinner, John L. Taylor & Erniel A. Wegelin, eds., Shelter UpgradingjiJr the Urban Poor: Evaluation ofThird World Experience (Manila: Island, UNCHS and The Institute for Housing Studies, 1987) 213. Hewitt, Linda.. 04>A CriticaI ReviewofState Involvement in Housing in Trinidad and Tobago" in Robert B. Potter & Dennis Conway, eds., Self-Help Housing, the Poor andthe State in the Caribbean (Knoxville: University ofTennessee Press and The University ofthe West Indies Press, 1997) 141. 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Pérez Perdomo, Rogelio &, Pedro Nikken,'''The Law and Home Ownership in the Barrios of Caracas" in Alan Gilbert, ed., in association with Jorge E. Hardoy & Ronaldo Ramirez, Urbanization in Contemporary Latin America: Critical Approachesto the Analysis ofUrban Issues (Chichester: John Wiley & Sons, 1982) 205. Periman, Janice E., "Misconceptions about the Urban Poor and the Dynamics ofHousing Policy Evolution" (1987) 6:3 Journal ofPlanning Education and Research 187. Punch, R. & Linda Hewitt:"An Update on the Housing Situation in Trinidad and Tobago" in Proceedings ofthe Caribbean Housing Conference. Trinidad and Tobago, May 1983 (Port...ot:Spain: Association ofProfessional Engineers ofTrinidad and Tobago, 1989) 33. Reddock, Rhoda, "" •Douglarisation' and the Politics ofGender Relations in Contemporary Trinidad and Tobago: A Preliminary Exploration" in Ramesh Deosaran, Rhoda Reddock & Nasser Mustapha, eds., Contemporary Issues in Social Science: A Caribbean Perspective. vol. 1(St. Augustine, Trinidad: ANSA McAL Psychological Research Centre, University of the West Indies, 1994) 98. Schwartz, Barton M., '"'Extra...Legal Activities ofthe Village Pandit in Trinidad" (1965) 38:2 AnthroPOlogicai Quarterly 62. Smart, Alan, "The [nformal Regulation ofIllegal Economic Activities: Comparisons Bet ween the SquatterProperty Market and Organized Crime" (1988)16 International Journal of the Sociology ofLaw 91. Smith, Michael G., ""The Transformation of Land Rights by Transmission in Carriacou" (1956) 5:2 Social and Economic Studîes 103. Smith, Raymond T., '''Land Tenure in Three Negro Villages in British Guiana" in Michael M. Horowi~ ed., Peoples andCu/turesafthe Caribbean: AnAnthrop%gica/Reader (New York: The Natural History Press, 1971) 243. 119 Trube~ David M. & Marc Galanter, "Scholars in Self-Estrangement: Some Reflections on the Crisis in Law and Development Studies in the United States" (1974) 4 Wisconsin Law Review 1062. Varley, ~ "~Settlement, Illegality.. and Legalization: The Need for Reassessment" in Peter Ward, ed., Corruption, Development and lnequality (London: Routledge, 1989) 156. Varley, Ann, "'The Relationship Between Tenure Legalization and Housing Improvements: Evidence from Mexico City" (1987) 18 Development and Change 463. Ward, Peter, "~Political Mediation and Illegal Settlement in Mexico City" in AlanGilbert, ed... Housing and Land in Urban Mexico (San Diego: Center for U.S.-Mexican Studies.. Uni versity ofCalifomia at San Diego, 1989) 135. UNPUBLISHED THESES AND PAPERS Blouet, Brian W ... "African Squatting in Post-Emancipation Trinidad" (Fourteenth Annual Meeting ofthe African Studies Association, Denver, 3-6 November 1971). Brown, David & Mooleedhar, Timothy.. "'Demerara Road: The ResPODse ofPublic Autho rities to a Local Healtb, Settlement and Environmental Emergency in Trinidad and Tobago" Human Systems Management [forthcoming]. Brown, David, Jacobs, Peter& Mooleedhar, Timothy, ""Exploring the Morphology oflnfor· mal Settlements with a View to ReguJarization" (Fifth International Research Conference on Housing, Montreal, 7-10 July 1992). Carrington, Vernon, Housing jôr Low-Income Families in the Republic ofTrinidad and Tobago (PhO. Thesis, University ofNottingham, 1977). Frojmovic, Michel A., Equity in Human Settlements Policy (M.Urb. Thesis, McGill Univer sity, 1993). Green~ Helen Bagenstose, "Three VaIues ofLower-Class Negroes inTrinidad, with Compa... tison to East Indian Values" (Congress orthe Interamerican Society ofPsychology, 9 April 1964). Green, Helen Bagenstose, Soc;alizaûon Values in the Negro and East [nt/ian Sub-Cultures ofTrinidad(phD. Thesis, University ofConnecticut, 1963). 120 Hanson~ Gerald~ Shantytown Stage Development: The Case ofKingston. Jamaica (Ph.D. Thesis9Louisiana State University9 1975). Levin~ Daniel, Susu andInvestment: A Pilot Survey ofan Indigenous Security Institution in Trinidad (M.A. Thesis, Fletcher School ofLaw and Diplomacy, 1973). McDowal1-Thompson.. Margaret. The Role ofthe Public Sector in Low Income Housing Provision in the Context ofOverall Urban Development in Trinidad and Tobago (M.Sc. Thesis, University ofthe West Indies, 1980). MonisoD, Erika R.~ Community Development in Rural Trinidad with Particular Reference to Women (M.Urb. Thesis, McGill University, 1991). Nelson, Herbert G.,AnAppropriate Housing Policyfor the Republic ofTrinidadandTobago (M.Sc. Thesis, University orthe West lndies, 1985). Pemberton, Cecil A., A Review ofUncontrolledSettlements in Trinidad and Tobago (M.Sc. Thesis, University ofthe West Indies. 1984). Ramesar, Marianne, "loThe Position ofthe East lndians in Trinidad 1890-1917" (Sixth Annual Conference ofthe Association ofCaribbean Historians, Puerto Rico, 4-9 April 1974). Sagar, Kenneth Mohan, LawandCuslom in West Indian Plural Society with Special Empha sis on the East Indian (LL.B. Thesis~ University ofthe West lndies, 197-). Saxe, Allen, Urban Squatters in Trinidad: The Poor in a Mass Society (M.A. Thesis, Brandeis University, 1968). Vigneault, Mark J., Housing in the Developing Third World: The Participatory Process of Administration and Design. Case Study: Trinidad (M.A. Thesis, University of Florida, 1985). Whan, Eric. Improper Property: Squatters andthe Idea ofProperty in the Eastern Town ships ofLower Canada. 1838-1866 (M.A. Thesis, McGill Universityt (996). NEWSPAPER ARTICLES t9 Hackett, Jeff: "Squatters: caU Us Homesteaders , Express (16 September 1998), onIine: Internet Express Hackett, Jeff: "Don't Regularise Squatting on State Land, Rowley Tells Government", Express (20 April 1998), online: Internet Express Hackett, Jeff: "Rouse Speaker Berates GOvemment MPs for Disrespect", Express (18 April 1998), online: Internet Express Lord, Richard, "$550 Million in Budget Cuts", The Trinidad Guardian (7 March 1998), onIine: The Trinidad Guardian Maharaj, Kathleen Maharaj, Kathleen, "Job Knocks Humphrey over Tobago Squatters", Express (20 April 1998), online: Internet Express Maharaj, Kathleen, ~'Lasse SPeaks up for Squatters", Express (9 March 1998), online: Internet Express Tain, Ria, "Manning Lashes Out at Government's Squatter Policy", Express (14 March 1998), online: Internet Express Wanser, Debra, "No More 'Squatters' Talk Says Humphrey", The Trinidad Guardian (22 January 1998), anline: The Trinidad Guardian