Sophia Frazer-Binns | Opportunity to develop an ownership society

The nation’s attention has been focused on recent events involving landownership and possession in Clifton, Portmore, and Pleasant Hill, Lluidas Vale, St Catherine.

In the Clifton matter, following the prime minster’s announcement in Parliament that the Government had authorised the demolition of houses constructed on disputed lands, helpless residents watched as their homes were reduced to rubble. The prime minster has acknowledged that the residents purchased the land from persons allegedly associated with criminal gangs. However, it is curious that while demolishing the homes of the residents who paid hard-earned monies for the properties, notwithstanding the now known circumstance surrounding the purchase, the prime minster did not say what action, if any, would be taken against these criminals.

There are many things that were wrong with how the demolitions were carried out:

• The process and procedure taken by the Government and the Sugar Company of Jamaica Holdings to ascertain the veracity of the arguments of the residents

• No opportunity was provided for an amicable resolution

• No compassion or understanding was shown to residents

•All the residents, including those who had paid for the land, were smeared as squatters

The Government must always err on the side of giving due process to our people regardless of the circumstance. Disputes over land are not new, whether over government land, private land and even among family or generation land.

In April this year, the nation witnessed the stand-off between owners and residents of Little Bay in Westmoreland. The Little Bay land dispute is neither easy nor straightforward. This is the story of landownership in Jamaica. Regularising landownership in Jamaica involves complex and interconnected issues compounded by archaic legislation and policies. The difficult and outdated system has caused frustrations and increased hostilities over landownership.

EASIER SOLUTION

However, I believe that it is not beyond us to find an easier solution to the issue of landownership in Jamaica.

Too many Jamaicans yearn for and struggle in vain to own land and become apart of the ownership society. For many, landownership is seen as the catalyst for upward mobility, a means of breaking the cycle of generational poverty and the ‘smadification’ of so many Jamaicans.

Sadly, as a country, we have not gone far enough to facilitate more Jamaicans owning a piece of this rock. The complex nature of land transactions requires the Government to look at the usefulness and applicability of existing legislation and how these can be simplified to advance greater landownership.

Even after the 2019 amendments to the Registration of Titles Act and the Land Tenure Regularisation and Special Clarification Act (LAMP Act), there remain significant weaknesses which continue to impact the ability of persons to own land. While the Government cannot breach the laws or flout decisions of the court, the existing situation demands that the State show creativity and establish a mechanism for dialogue so these land matters can be resolved in a peaceful and just way.

Any progressive government will be guided by principles of law, equity and fairness in its decisions. It will also seek to find a solution which would give all involved a feeling of “win-win”.

Given the fragile and sensitive nature of landownership and in particular the situations in Little Bay, Clifton and Lluidas Vale, where it appears the only solutions available are to tell residents to leave, demolition of homes or fighting to the bitter end. These are not constructive and only heighten bitterness and anger.

The way in which these land tenure matters are handled can bring out the best or encourage the worst instincts in our people.

BRING STAKEHOLDERS TOGETHER

Bringing all stakeholders together to explore every possible option, whether under the Housing Act, Local Improvement Act, or creative solutions such as land swap, are essential. Affordability and accessibility must be the guiding principles in revising the Land Policy as indeed all persons, especially the most vulnerable, must be able to legitimately access lands. Solutions can be found among the over one hundred pieces of legislation which deal with land and land use.

The Government may also wish to consider a policy of incremental infrastructure development as practised by former Prime Minster P.J. Patterson in the 1990s. By doing this, instead of uprooting persons or demolishing homes, the Government works with the residents, relevant government ministries and departments, including planning and environmental agencies and the municipal corporation to design the best communities. This would prevent significant disruption to the lives and livelihood of our most vulnerable persons.

It is accepted that in this process, it may be necessary to relocate persons due to environmental and other concerns; however, through the process of community engagement and consultation, the residents will be more open to relocation as they see themselves as meaningful stakeholders in a process and not victims of the State’s actions.

Although the issue at Clifton must not be seen simply as a squatting issue, it brings into focus the very urgent need to modernise the government systems dealing with squatter settlements. At last check, there are over five hundred mapped squatter settlements in Jamaica. Almost 105,000 Jamaicans live in squatter and informal settlements on government land. It means that there is an urgent need for the Government to revisit its own policy on land use, including squatting on government land.

HIGHER HURDLE

The GOJ is the largest landowner in the country, yet one has to climb a higher hurdle to acquire Crown lands. The requirement is that a person has to be in possession of government land for at least sixty years compared to twelve years on private land in order to acquire ownership. This provision is outdated, serves no useful purpose and is in need of urgent amendment.

Further, the Government, as the largest landowner, must use its advantage to facilitate the creation of the ownership society. This can be done by divesting some of the unused, non-arable government lands for housing or land acquisition at affordable rates. This will go a far way in correcting the historical social injustice that has been experienced by many Jamaicans due to colonisation.

There is also a need for modern legislation treating with squatter and informal settlements. The Government may also consider modernising the Squatter Management Unit in the Ministry of Economic Growth and Job Creation, and increasing its staff complement and resources in order to get the job done efficiently. It may also consider changing the name from Squatter Management Unit to Land Resettlement Unit.

Specific to Clifton, it will be useful for the Government to move with alacrity to apprehend those who illegally sold lands to the affected residents and bring them to justice. In so doing, these persons who are victims of both the criminals and government will get some justice.

The question is whether we have the courage to find and implement the right solutions that will give our people hope and a reasonable chance of becoming an important segment of a new and progressive ownership society; an opportunity awaits.

Sophia Frazer-Binns is a senator, an attorney-at law and shadow minister of land, environment and climate change. Send feedback to lecchange@gmail.com.