AFRA RAYMOND, Immediate Past President of the Joint Consultative Council (JCC), comments briefly on the firing of Jearlean John by the new HDC board, after being on administrative leave for a couple of months. He says we should not be too quick to believe the Marlene McDonald dismissal is a sign of greater accountability to come on the part of governments. Mr. Raymond also lauds Government’s proposal to use the housing sector to create opportunities for construction industry, to help pull T&T out of recession.
Although the HDC is the State’s main implementing agency for its housing policy, there are other important elements to be considered. The main one I will examine here is the role of public subsidy in the housing program.
Given that we live in a relatively wealthy and very densely-populated small island state which operates a free market system, the prices charged for property sales or rentals have moved upwards historically. One of the objectives of the housing policy is to assist those who are unable to compete in the market, so it is justifiable to apply State resources to reduce the cost of housing to those needy persons.
That allocation of Public Money and land to the housing program is intended to create the new homes for the applicants. In addition to the direct construction of the new homes, Public Money is also used to reduce the cost of housing. Continue reading “Property Matters – Housing Issues – part 4”→
This is a critical law to tackle the high levels of waste and theft of Public Money and it is therefore critical that it is implemented as swiftly and as solidly as possible, even if we know that certain parts would need to be closely monitored and subject to early adjustments as necessary.
This is my formal submission on these important proposals, which are intended to give protection to persons reporting wrongdoing in public or private bodies. Most fraud and white-collar crime is reported by ‘tips’, so the effective tool has to be ‘If you see something, say something’. We also need to push for more effective investigations and prosecutions, but first we need high-quality information.’
The 2016 budget statement was made on Monday 5 October 2015 by newly-appointed Minister of Finance & the Economy, Colm Imbert MP. Imbert is a professional engineer, so the fact that he lacked any formal certification in the financial field sparked much debate. The budget proposals have been made, so we are well past that point now.
These expenditure and revenue figures are from the Budget Statements, so no account has been taken of either actual outcomes or supplemental appropriations – this is the process used by the Government to obtain authorisation from the Parliament to exceed the approved spending limits in the national budget.
Two important laws were partially-proclaimed by the President at the end of July –
The Public Procurement and Disposal of Public Property Act, which is intended to control transactions in Public Money, and the
Planning & Facilitation of Development Act, which is intended to provide for effective control of physical development.
Both those laws would be critical in controlling the worst excesses in terms of waste and theft of Public Money as well as the scourge of unplanned development. There is still substantial work to be done to properly implement those new laws, neither of which will actually come into effect before elections on 7 September, so our stern attention will therefore be essential.
The campaigning and committee-work to achieve those new laws has been demanding, so it Is important to re-state our fundamental concern as to the sheer hostility of high-level public officials to the truth. This is a fundamental point since the new laws create modern, transparent and participative processes. If the key public officials maintain their hostility to the truth, we would be entering a period of serious struggles to implement these new laws.
This is a short video (courtesy of TV6) in which the Minister of Land & Marine Resources, Jairam Seemungal, responds to questions on the occupation of State lands in Couva by SIS Ltd, one of the main financiers of the Peoples Partnership.
The ‘Land for the Landless’ program, which is being implemented by the Land Settlement Agency (LSA), has now been redefined in such stark terms that I have decided to call it by a more appropriate title ‘Land for Everybody’.
The previous article set out the main points of the revised program. That detrimental law was approved by the House of Representatives on Wednesday 3rd June. Although we have now heard that the new law to amend the State Lands 1998 Act was withdrawn just before the close of our Parliament on Friday 12th June 2015, we are also being told that it will be approved if the Peoples Partnership is returned to office after the national elections in September.
This change to our country’s squatter regularisation law is therefore now being held out as an expansive election promise to regularise the status of some 60,000 landless people. That proposed program is a severely detrimental one which will likely lead to greater problems in the important question of our country’s human settlement policy. It is therefore necessary to highlight the dangers this new ‘Land for Everybody‘ program poses to our collective interests.
The Minister of Land and Marine Resources, Jairam Seemungal, gave several interviews which attempted to rebut my criticisms, so it is important that that these fundamental issues be properly understood. The public interest demands nothing less.
Food Security
Food security is that elusive state in which we can feed ourselves at a decent standard of nourishment and at an affordable price, without heavy reliance on imported food. The very issue of how food security is defined is hotly debated, but it is clear that we are far away from even the simple one I offered.
In March 2012 the then Ministry of Agriculture, Land & Marine Resources published its Food Production Action Plan 2012-2015. The major goal of that Action Plan was to halve the country’s annual $4.0 Billion food import bill. Yet in March 2014, the Food Production Minister, Senator Devant Maharaj, stated that the food import bill had been reduced by only 2% since 2010. That is a sobering reflection on how serious is the challenge of moving to some significant degree of food security, even for an administration with substantial links in the agricultural sector.
The significant reduction of our food import bill will require a flexible plan, with dedicated implementation and continuous monitoring. The one inescapable requirement is for farmers to have access to land of suitable quantity, quality and location. Without a good supply of land, no food security plan can succeed.
The issue is a long-term one, so it is clear from the failure to achieve the targets that a deeper commitment of resources and monitoring is needed if we are to improve our collective position. The Food Production Action Plan 2012-2015 is now up for thorough review which must include serious input from the public and stakeholders.
Shiraz Khan, President of the Trinidad United Farmers’ Association, has spoken out about the disastrous land use policies now unfolding and I have also heard Omardath Maharaj join the calls for a holistic discussion of agriculture policy.
What is the policy?
We are reliably informed that the new ‘Land for the Landless’ policy was approved by Cabinet on 19th March 2015, but there is no clarity as to whether this policy conforms to the existing 1992 Land Policy. The recently-approved policy ought to be subordinate to the wider Land Policy, which states at page 9 –
“4. LAND USE POLICY
4.2 The New Land Policy proposes:
(a) that the existing system of land use zoning be strengthened to ensure that prime agricultural land is not mis-managed or converted to non-agricultural uses except on the basis of a significant spatial or economic development rationale…”
It is imperative that our country’s human settlement policies take proper account of the need to preserve our limited supply of arable land, so that we can maintain some degree of food security.
The critical point is that our total supply of land is very limited, due to the tiny size of our country. The supply of arable land which has not been developed is even more limited, so the choices are stark. There is not enough land for us to continue with this reckless policy of land distribution or large-scale building of houses with gardens. To continue with those policies would be watching a disaster unfold before our very eyes.
I have heard occasional statements from the HDC or Housing Ministry, in this and previous administrations, but that is merely to mention a major issue. This is a serious issue with dire long-term consequences for our society and a proper, wide-ranging policy review is urgently required. That review must include the 2002 Housing Policy, the 2003 UWI Report on the future of Caroni lands, the 1992 Land Policy and the Land for the Landless policy.
How many people will be affected by this policy?
There was some dispute over numbers, with the PM claiming that 30,000 squatters were to be regularised, the Minister of Land & Marine Resources doubling that to 60,000, all while the LSA website states that there are 250,000 squatters.
At one point, the official rebuttal seemed to be that there were 60,000 households with 250,000 inhabitants, but since the three cited statements were referring to ‘squatters’, that line has now been abandoned. We are now told that the intention is to regularise 60,000 of an estimated total of 250,000 ‘squatters’.
How are the 60,000 eligible persons to be selected?
So, which 60,000 people are to be regularised out of the 250,000? How is that selection to be made? Even after all this defensive talk, I am not at all clear on that.
Will the decisive point be the date of application or the length of time a squatter community has been established? The date-based approach would have some legal weight, given that squatters’ rights have usually accrued in accordance with the period of occupation. To my mind, that would be a weak basis on which to proceed, given the shortage of land and variety in its quality.
In the alternative would the choices of communities to be regularised be based on an assessment of alternative uses or land value? What role would the fertility of the soil play in making these important decisions? If we are to have a reasonable chance of tackling the food security issue, it is critical that these factors play an important part in making these decisions. That is not negotiable.
Finally, one has to mention the elephant in the room. Could it be that the selection of those 60,000 squatters is a political one? Are marginal constituencies to be favoured? Is that a possible outcome we ought to guard against? Which are the constituencies in which the selected communities are located?
The Bill to amend the State Lands Act 1998 comprised 24 pages and we need to note that 20 of those pages was an expansive list covering at least 500 areas or districts in our country. I quipped ‘Charlotteville to Los Iros‘, but the point is that with so expansive a list of areas, just about anywhere could be eligible for regularisation. You see?
The point of how these critical selections are being made is one which must be answered as soon and as clearly as possible.
Who qualifies as ‘landless’?
SIDEBAR: The LSA’s abortive meeting with JCC
In March 2015, the LSA wrote informally to seek dialogue with JCC on this revised ‘Land for the Landless’ program and we responded by requesting an agenda and a formal invitation. Despite our constant efforts, we are still awaiting a response.
This is the most damaging part of this proposed policy shift, with the new income levels having shifted to a monthly maximum of $30,000, together with the elimination of ‘disadvantaged’ as a decisive criteria having the combined impact of making these scarce lands available to anyone. The fact is that a family with a monthly income in the $30,000 can readily qualify for a mortgage in the $1.6-1.7M range and there are plenty of good-quality homes in that price range for sale in our country.
The CSO’s 2009 data on monthly Household Income shows a national average in the $8,000 range. Yet we have a Minister, supported by his professional staff, advancing a policy which is seeking to extend a program intended for the benefit of our neediest citizens to just about anyone.
One can only wonder what was the research on which this bizarre policy was based.
This is no time for inadvisable and ill-considered electoral promises, from either side. Our children’s children will wonder just what kind of intentions did we have. History will judge us harshly if we continue with this foolhardy basket of policies.
A detrimental ‘land grab’ is almost upon our country and we all need to be alert to prevent the destruction of our patrimony and prospects.
Hon. Jairam Seemungal, MP. Minister of Land and Marine Resources
The State owns most of the land in the country – recent estimates by Minister of Land & Marine Resources, Jairam Seemungal, place the proportion of State-owned land in the 63% range – and as such those lands are critical national assets with which a progressive government could seek to address issues of poverty in a sustainable fashion. Those policies would have to be redistributive in nature if they are to effectively address the serious poverty faced by some of our citizens. That means the State using our resources to provide affordable land and housing to those who are unable to do so in the open market. It is critical to ensure that these redistributive programs operate properly so that the benefits will go to the needy persons for whom they are intended. Those are objectives which I fully support.
I quipped that the ‘Land for the Landless’ program should be re-named ‘Land for Everybody’, but recent developments have turned that quip into a growing reality.
There have been three big changes which have effectively undermined the very meaning of these important redistributive programs –
THE CARONI AGRICULTURAL LANDS
The Trinidad Express reported that the Minister of Finance & the Economy, Larry Howai, announced a significant change in the original policy in the 2015 budget, in that the ex-workers receiving agricultural leases were now free to sell these lands. Those lands which are sold will likely leave the agricultural use for which they were allocated, representing a significant and detrimental ‘alienation’ of those limited lands.
THE NEW ‘LAND FOR THE LANDLESS’ PROGRAM
This important program has been revised to now provide for an annual target of 3,000 to 4,000 lots at an estimated annual cost of $1.0 Billion. Even if one makes the most optimistic assumptions that the upper target of 4,000 lots is achieved at the estimated cost of $1.0 Billion, the cost per lot is $250,000. I do not know if the cost of the land is included in those estimates, but experience suggests that it would have been excluded, which would be a serious gap in the planning for the development of these important public assets.Most alarmingly, the income limits have now been increased in a manner which suggests that this program is no longer intended for the benefit of the disadvantaged in our society. The original ‘Land for the Landless’ program set an upper limit of $8,000 on the family’s monthly income, but that has now been increased to $30,000. A family with a monthly income of $30,000 can readily afford to buy a home with private mortgage financing. Apart from that, there are serious questions as to whether the inclusion of those upper-income applicants would force-out the poorer people this program is intended to assist.
It is just impossible to reconcile the new family income limit of $30,000 for the ‘Land for the Landless’ program, which is only for residential lots, with the Housing Development Corporation’s (HDC) $25,000 limit on the monthly family income of applicants for homes.
The main points of this proposed new law, which still has to be approved by the Senate, are –
Application date – formerly, persons who had illegally occupied State Lands up to January 1998 were entitled to be regularised – the new law would move that date to June 2014. That means that more persons will be regularised;
Who is ‘Landless’? – In the original 1998 Act, a ‘landless’ person is defined at S.2 (1) as –
“…“landless” refers to a person who falls within a category designated as disadvantage (sic) by the Minister to whom responsibility for Social Development is assigned and who has no legal or equitable interest or any other interest or claim to such an interest, in a dwelling house, residential land, or agricultural land upon which a dwelling house is permitted to be built…”
Obviously, the original law was intended to assist the most needy persons in our society.In the proposed amendment, just approved by the House of Representatives, ‘landless’ has been redefined as follows –
“…(c) in the definition of “landless”, by deleting the words “who falls within a category designated as disadvantage by the Minister to whom responsibility for Social Development is assigned and…” (the emphases are mine)
The landless class has now been expanded by our Parliament to eliminate any mention of disadvantage. I tell you.
Where is the land? – The Schedule of the new law is an A to Z list of designated areas in every district of our country, so these are really expansive proposals. All areas will be affected, from Charlotteville to Los Iros.
The rationale – Minister Seemungal stated that there are extensive aerial surveys from 2014 and other information being used to guide this process, but I think significant caution is necessary. The lack of an open process of policy review and formation in this important matter is proving very expensive for our collective interests. Have other State agencies and stakeholders been consulted? These critical policy changes must be underpinned by substantial research and consultation which can earn the required degree of public confidence.
Who benefits? – We do not have any open database on the allocation of public housing, state land or any property at all. These records must be open and searchable so that the potential for serious improper behaviour amounting to a ‘land grab’ is minimised. In the present opaque arrangement the real beneficiaries could remain unknown for too long. Of course that is a recipe for the misallocation of State lands on an epic scale, so it is important to establish some transparent mechanism to examine what is happening.
When one considers the numbers involved, there is a clear sense that these programs, which were intended to benefit the poorer class of citizen, are being systematically ‘gamed’. It is even possible that officials are assisting those elements for the advancement of their own political agendas. The numbers wrangle is beyond the scope of this column, but I will be exploring it in the near future to explain how they relate a particular story.
The degree of confusion is immense, with LSA officers denying the existence of the national Land Policy. If we are to go by his evasive response to simple questions on the SIS occupation of State lands at Couva in disputed circumstances, the very Minister Seemungal can be seen as hostile to providing essential facts. The PM told the Parliament the next day that the Minister had denied making those televised statements.
We need to be alert to protect our patrimony, particularly in relation to property.
Given the continuing absence of the Opposition PNM from our Parliament and the sporadic coverage in the media, it is important that the main points of these new proposals be exposed –
Application date – formerly, persons who had illegally occupied State Lands up to January 1998 were entitled to be regularised – the new law would move that date to June 2014. That means that more persons will be regularised;
Where is the land? – The Schedule of the new law is an A to Z list of designated areas in every district of our country, so these are really expansive proposals. All areas will be affected.
The rationale – Minister Seemungal stated that there are extensive aerial surveys and other information being used to guide this process, but I think significant caution is necessary. The lack of an open process of policy review and formation in this important matter is proving very expensive for our collective interests. Have other State agencies and stakeholders been consulted?
Who benefits? – We do not have any open database on the allocation of public housing, state land or even all property. Which means that the real beneficiaries could remain unknown. Of course that is a recipe for the misallocation of State lands on an epic scale, so it is important to establish some transparent mechanism to examine what is happening.
Just remember that Minister Seemungal was the one who refused to provide details on the terms under which SIS occupied certain State lands at Couva, claiming that those details were private. The PM told the Parliament the next day that the Minister had denied making those televised statements. As I wrote recently in the ‘Our Land’ series, the new rules for the ‘Land for the Landless’ program, make it seem that the real name should be ‘Land for Everybody’.
We need to be alert to protect our patrimony, particularly in relation to property.
AFRA RAYMOND, Immediate Past President of the Joint Consultative Council (JCC), comments briefly on the firing of Jearlean John by the new HDC board, after being on administrative leave for a couple of months. He says we should not be too quick to believe the Marlene McDonald dismissal is a sign of greater accountability to come on the part of governments. Mr. Raymond also lauds Government’s proposal to use the housing sector to create opportunities for construction industry, to help pull T&T out of recession.
Although the HDC is the State’s main implementing agency for its housing policy, there are other important elements to be considered. The main one I will examine here is the role of public subsidy in the housing program.
