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Caribbean Land Policy NetworkLANDIN THE CARIBBEANISSUES OF POLICY, ADMINISTRATIONAND MANAGEMENT IN THE ENGLISHSPEAKING CARIBBEANEdited byDr. Allan N. Williams

LAND IN THE CARIBBEANPROCEEDINGS OF A WORKSHOP ON LAND POLICY,ADMINISTRATION AND MANAGEMENTIN THE ENGLISH-SPEAKING CARIBBEANEdited by Allan WilliamsEmail: landnetcaribbean@tstt.net.ttSpecial thanks to Jane Dennis for the final editing of this manuscript.All views, interpretations, recommendations, and conclusionsexpressed in this book are those of the authors and notnecessarily those of the supporting or co-operating institutions.Verbatim copying of any part of this book is permitted, in anymedium, provided that the copier gives a complete citation ofthe title, chapter, author and editor of the book, and providedthat all copies made remain under these same terms andconditions which are conspicuously published on all copies.Hard copies of this book can be acquired from:Terra Institute1406 Hwy. 18-151/EMt. Horeb, Wisconsin 53572Fax: (608) 437-8801Email: Terra InstituteUSA@att.netFor further information about the Caribbean Land PolicyNetwork, check the web site: www.terrainstitute.orgor contactCaribbean Land Policy Network Steering Committee:Chairperson: Andrew Bishop, Commissioner of Land, Guyana(592) 227-2582 (ph)(592) 226-4052 (fx)arbishop@networksgy.comSecretary: Allan N. Williams(868) 624-2142 (ph)landnetcaribbean@tstt.net.ttManuscript was prepared from digitised copy at the Land Tenure Center, University ofWisconsin-Madison, USA, for publication, October 2003.Publication of this volume funded by the United States Agency for International Development.ii

LAND IN THE CARIBBEANPROCEEDINGS OF A WORKSHOP ON LANDPOLICY, ADMINISTRATION ANDMANAGEMENTin the English-speaking CaribbeanMarch 19-21, 2003Port of Spain, Trinidad & TobagoThe Learning Workshop on Land Policy, Administration and Management inthe English-speaking Caribbean involved 50 Professionals from the PublicSector in 13 CARICOM States1 and an additional 28 persons representing theprivate sector, civil society, regional universities and regional and internationalinstitutions. The purpose of the gathering was to consider in depth theinstitutional (legislative), social and environmental challenges facing theCaribbean in the administration and management of its land resources.The Workshop was sponsored by the following institutions:Ministry ofAgriculture, Land& MarineResourcesInter-AmericanDevelopment BankUnited StatesAgencyfor InternationalDevelopmentDepartment forInternationalDevelopment (UK)The following organisations were contracted by the IDB, USAID and DFID tofacilitate the Workshop:Land Tenure Center,University of WisconsinMadisonTerra Institute, Ltd.ACT ConsultingAssociates (ACA) Ltd.The information presented in the following Country Experience Studies wassubmitted as part of the Workshop on Land Policy, Administration andManagement in the English-speaking Caribbean, March 19–21, 2003. Allviews, interpretations, recommendations and conclusions expressed in thesepapers are those of the authors and do not necessarily reflect those of thesupporting or co-operating institutions nor the respective Governments in theCaribbean.1The CARICOM member states represented included Antigua & Barbuda, The Bahamas,Barbados, Belize, Dominica, Grenada, Guyana, Jamaica, Montserrat, St. Kitts/Nevis, St. Lucia,St. Vincent & The Grenadines, Suriname and Trinidad & Tobago.iii

INTRODUCTION1Presentation to the Committee on Trade and EconomicDevelopment (COTED)Andrew BishopOPENING ADDRESSLand Policy and Administration in Trinidad & TobagoHonourable Mr. John Rahael5SETTING THE FRAMEWORKEconomic Impact of Land Policy in the English-speakingCaribbeanPeter Bloch13History, Culture and Land in the English-speaking CaribbeanJean Besson31Framework Paper for Land Policy, Administration andManagement in the English-speaking Caribbean.J. David Stanfield, Kevin Barthel & Allan N. Williams61COUNTRY CASE STUDIESBAHAMAS: Land Policy, Administration and Management inThe BahamasPeter Rabley and Tex Turnquest113BELIZE: Land Policy, Administration and Management inBelizeJoe Iyo, Patricia Mendoza, Jose Cardona, Armin Cansino &Ray Davis141GUYANA: Land Policy, Administration and ManagementAndrew R. Bishop175JAMAICA: Land Policy, Administration and Management:A Case StudyJacqueline daCosta ,229ST. LUCIA: St. Lucia Country Study of Land Administrationand Management IssuesAlberto Vargas & David StanfieldSURINAME: The Challenge of Formulating Land PolicyHarold Struiken & Chris Healyiv281315

C OUNTRY DIAGNOSTIC STUDIESANTIGUA & BARBUDA: Land Policy, Administration andManagement: Country ExperienceAllan N. Williams345BARBADOS: Land Reform and the Search for Security ofTenureTimothy Maynard361DOMINICA: Land Policy, Administration and Management:Country ExperienceAllan N. Williams381GRENADA: Land Policy, Administration and Management:Country ExperienceAllan N. Williams391MONTSERRAT: Land Administration ExperiencesFranklyn Greenaway409ST. KITTS/NEVIS: Land Policy, Administration andManagement: Country ExperienceAllan N. Williams419ST. VINCENT & THE GRENADINES: Land Policy,Administration and Management: Country ExperienceAllan N. Williams433TRINIDAD & TOBAGO: Land Policy, Administration andManagement: The Trinidad & Tobago ExperienceAsad Mohammed443NEXT STEPSFinal Workshop ReportAllan N. Williams and J. David Stanfield465v

AcknowledgementsThis book is the outcome of presentations made at the Workshop on LandPolicy, Administration and Management in the English-speaking Caribbeanheld in Port of Spain, Trinidad & Tobago, March 19-21, 2003. The Workshopwas attended by senior professionals from all the English-speaking territoriesand Suriname. As a follow-up to the Workshop, a Steering Committee of eight(8) representatives from the region was established to activate a Caribbean LandNetwork.All of us, who have benefited from this event, are grateful to the Government ofthe Republic of Trinidad & Tobago, the Inter-American Development Bank, theUnited States Agency for International Development and the Department forInternational Development (UK), for funding the Workshop and to USAID forfunding this manuscript. We would also like to commend the staff of the LandTenure Center, University of Wisconsin-Madison, the Project Co-ordinationUnit of the Ministry of Agriculture, Land and Marine Resources and the TerraInstitute Ltd., for their invaluable contributions to the success of the event.We would like to recognise the contributions of Prof. J. David Stanfield, LandTenure Center, Dr. Allan N. Williams and Dr. Andrew Pienkos of ACTConsulting Associates (ACA) Ltd., in preparing this manuscript for publication.Finally we would like to acknowledge the inspiration provided by the manypersons who attended the workshop, made presentations and continued theexchange of information and ideas after the event. This reflects our commitmenthere in the Caribbean to seek sustainable solutions to the land issues of the day.Mr. Andrew BishopChairman, Network Steering CommitteeCommissioner of Lands & SurveysGeorgetown, GuyanaJune 11, 2003vi

INTRODUCTIONA Caribbean Land Network: Presentation made to theCommittee on Trade and Economic Development(COTED), CARICOMAndrew Bishop1. BACKGROUNDMost debates about land policies in the Caribbean are driven by threeoverlapping and sometimes conflicting objectives: The creation of a more vibrant land market, with the aim of increasingproductivity and investment, through secure, documented and transparenttitle to land.The elimination of poverty, through equitable access to land and othernatural resources and the provision of security of tenure to poor households,allowing them to transform their land assets into sustainable livelihoods.The conservation of the natural environment and improvement of the builtenvironment, though land use planning and environmental regulations.The challenge for the Caribbean is to find the legal, institutional and policymeasures to balance these three overlapping objectives. In the post-colonialState-led agrarian reform era of the 1960s and 1970s efforts were made toincrease medium- and small-scale private holdings of agricultural land, mainlythrough State acquisition of large estates and the re-distribution of land to thepeasant sector. These programmes have now largely been abandoned. In theirwake an enormous amount of activity is occurring around tenure regularisation,land titling and property registry modernisation. Parallel efforts are under wayto establish environmental zoning, promote eco-tourism, manage urbanexpansion, protect coastal zones and control deforestation. These efforts haveoften meshed poorly with the trend towards marketisation of individual rights.State ownership of land remains important in the Caribbean, as well as a varietyof mechanisms for encouraging the private use of the land through leases andother arrangements. As la nd managers become more subject to private landmarket pressures and opportunities, but also increasingly responsible forplanning, implementing, regulating and evaluating societal values in land, theinstitutions of land administration must also change. The institutionaltransformation of land management has been significant, through programs ofCaribbean Network Report1

privatisation, individualisation and (in some cases) internationalisation of landtenure. This evolution of land management calls for the redefinition of the landadministration functions of public agencies to respond to the new needs ofprivate and public managers of land. The region needs the creation of new orreconfigured institutions to effectively administer the private and publicinterests in land in a market economy context.The small-island status of most of the Caribbean states poses particularproblems for Land Administration and Management. Land/marine interactionsare of crucial importance to the environment and economy of most Caribbeanstates and decisions about land management on-shore can have seriousimplications for coastal zones. Tourism development and issues of access tobeaches and other coastal resources has become a central issue in many islandsand has the potential to create social disruption and conflict. The opening ofproperty markets to foreign investors has led to significant increases of propertyprices in certain localities, forcing local investors out of the property market. Atthe same time, the large-scale out-migration of Caribbean citizens to the UnitedStates, Canada and the United Kingdom results in frequent cases of absenteeismamongst land owners and creates particular complications with respect towidely encountered “family land” phenomena. Even in the larger continentalterritories, the small and closely related nature of society raises questions aboutthe ability of professions to regulate themselves and maintain the transparencyof state-society relationships.The challenges for land management and administration are thus rapidlygrowing. Awareness of these challenges in the context of market-led economieshas made land management and land administration a much broader andcomplex locus of endeavour than ever before, where legal institutions, politicalagendas, economic development planning, environmental managementtechniques and information technology intersect, often uneasily.The shared colonial history, and the similarity in society, economy and cultureamongst the Caribbean nations, means that many of the land policy issuesfacing specific nations are also relevant elsewhere in the region. With fundingsupport from international agencies, many of the Caribbean nations areimplementing similar land administration programmes. Despite this, there arefew opportunities for policy makers, programme managers and stakeholders toshare experiences and lessons learnt.2. CARIBBEAN LAND WORKSHOPIt is against this background that the Learning Workshop on Caribbean landpolicy, land administration and management was held, bringing together landadministrators from across the English-speaking Caribbean.The general objectives of the Workshop were:2Caribbean Network Report

To share practical experiences between the various stakeholders of thecountries in the region to assist the development of more effective landpolicies and investment programs;To develop a Caribbean perspective on land administration andmanagement, in order to ensure that the policies of international agenciesreflect the realities of the region;To discuss ways in which broadly agreed principles of land policy can betranslated into feasible national policies and programs that respond to thespecific problems confronting the countries and the region.The Workshop was largely successful in identifying key issues for land policyto enhance programmes in land policy and administration in the Caribbean. Bysharing experiences and lessons learnt, the various stakeholders were better ableto re-focus on Caribbean land policies, and look at strengthening landmanagement and land administration institutions, to achieve the broad goals ofeconomic development, social equity and environmentally sustainabledevelopment.Out of the Workshop it was agreed that a Caribbean Land Network (CLN) beestablished. A Steering Committee has been set up to oversee its formation. TheSteering Committee comprises leading land professionals from Barbados,Belize, Bahamas, Guyana, Trinidad and Tobago, Suriname, Jamaica, and arepresentative of the Eastern Caribbean states.3. CRITICAL ISSUES IDENTIFIED1) Unofficial land tenure systems are as significant as the legal land tenuresystems.2) Land administration systems lag behind the rapid development of landmarkets.3) Land information systems are needed to provide a comprehensiveassessment of the situation.4) Land Policy should be built on the public perception of social equity inaccess to land.5) Environment and sustainable land uses are critical Caribbean issues.The Committee agreed to pursue the following initiatives in establishing theCLN:1. The Development and la unching of the LandNet Caribbean Portal:a) Agreement with LandNet Americas to host a Caribbean Portal;b) Proposal for development and maintenance of the Caribbean Portal;c) Format for supporting capacity building initiatives;d) Format for promoting civil society involvement in land issues;e) Updates on the progress and achievement of existing land programmes.2. Formal approaches to be made to International Agencies in the Caribbeanto support local and regional initiativesCaribbean Network Report3

3. Creation of a regional database of skilled Professionals in land-relatedissues:a) Listing of Professionals;b) Definition of professional criteria and performance standards.4. Identification of support mechanisms for the implementation of appropriateLand Policy in member states.5. Promoting a supportive Research Agenda:a) Proposal to finance the development of comparative efficiencyindicators in land administration and management;b) Proposal to finance studies on the impact of tourism on land issues inthe Caribbean region.4. ACTIONS REQUESTED OF COTED1. Note the competing goals of land policy; efficient and dynamic landmarkets, social equity and environmental sustainability, in theadministration and management of land in the Caribbean.2. Recognise the formation of a Caribbean Land Network Steering Committeewith the intention of organising a network of regional professionals in theland arena.3. Reiterate that supportive and enforceable land policies are critical tosustainable land development.4. Endorse the establishment of a Regional Exploratory Committee toformulate a programme of support to member states to:a) Conduct at the country level a comprehensive review of the status ofland policy, land administration and management;b) Formulate a regional protocol on land, which would support social andeconomic integration into the CARICOM single market and economy;c) On the basis of the protocol, co-ordinate opportunities for the trainingof officials, community leaders and practitioners in participatory landpolicy formulation, and in best practices in land administration andmanagement;d) In co-operation with the private sector, civil society and the CaribbeanLand Network, build a service centre of technical support to memberstates in modernising their Departments/Divisions dealing with landregistration, land use policy, development control and land informationsystems.4Caribbean Network Report

OPENING ADDRESSLand Policy and Administration in Trinidad & TobagoHonourable Mr. John Rahael1. INTRODUCTIONIt gives me great pleasure to open this important regional workshop, on behalfof the Government of the Republic of Trinidad & Tobago, and to welcome allour visitors to this beautiful twin island state. As your host, I sincerely hope thatyour stay here will be both professionally rewarding and personally enjoyable.The issues, which we shall discuss here, are of fundamental importance to ourregion. Unless we address these issues, our aspirations for economic and socialdevelopment are going to remain vague dreams. In many of our countries wehave very limited land resources — this underlines the need to find effectivepolicy instruments to ensure that the limited land resources we possess are usedproductively. Access to land and other natural resources remains an extremelyimportant mechanism for people to overcome poverty and to generatelivelihoods for their households.2. ACCESS TO LANDAccess to land is also of key importance for social reasons. Secure propertyrights enable people to feel part and parcel of a wider community, and to have astrong stake in the development of that community — this has importantimplications, not just for community level development, but also for nationalgovernance. People need to feel secure in their homes and on their landholdings, if they are to be active and committed citizens.One of the things that unites the countries represented at this workshop is asimilar history of European colonial conquest, and subsequently the forcedmigration of slaves from Africa followed by indentured labourers from Indiaand elsewhere — this provided labour to large plantations, owned and operatedby the colonial masters. This similar history has had implications for our landownership system, which persist to this day. At independence, most countries inthe region had a very skewed land ownership pattern. During this time largeareas were owned by a few individuals, and the majority of the population wereforced on to small, often marginal, parcels of land. Often people occupyingthese parcels had no documented official rights to the land, such as ownershipOpening Address – Hon. John Rahael5

deeds or certificate of title, or were forced to pay rents to landlords. There wasno guarantee of security of tenure. During the Independence era mostGovernments in the region implemented various land reform policies andprogrammes to try to address this imbala nce.In Trinidad & Tobago, for example, the Government introduced restrictions onprivate landlords in order to give both agricultural and residential tenants,security of tenure. We also followed programmes to distribute remaining areasof State lands, primarily in the Wallerfield and Carlsen Fields areas, but alsoacross Trinidad & Tobago. Finally we nationalised some significant areas oflarge agricultural estates, primarily in the sugar sector, in order to continue torun the estates, and provide secure jobs for the employees.Thirty years on, and with the benefit of hindsight, we realise that most of thesepolicies and programmes have unfortunately failed to transform the landownership system we inherited. Here we still have a situation where almost50% of households do not have documented title to the land on which theirhome is built. As Minister of Agriculture, Land and Marine Resources I receivea steady stream of letters, phone calls and personal visits from people anxious toaccess land, and requ

Economic Impact of Land Policy in the English-speaking Caribbean Peter Bloch 13 History, Culture and Land in the English-speaking Caribbean Jean Besson 31 Framework Paper for Land Policy, Administration and Management in the English-speaking Caribbean. J. David Stanfield, Kevi

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