Use law to halt demolitions, Cousins urges Gov’t

WESTERN BUREAU:

Lothan Cousins, the opposition spokesman on land, is calling on the Government to invoke a decades-old law to halt any further demolition of homes at Cooper’s Pen, Trelawny, arguing that the State has the legal power to protect the remaining residents.

Cousins said Section 4 of the Local Communities Amenities Improvement Act provides a mechanism that could be used, pointing to what he described as a similar intervention by the Government at Red Hills in St. Andrew in 2016.

“There are several houses not yet destroyed, and the Government must invoke Section 4 of the Local Communities Amenities Improvement Act, similar to what they did at Red Hills Road for these residents here, and it must be done forthwith,” said Cousins. “It is the only way to prevent a further demolition.”

Cousins was speaking during a visit to Cooper’s Pen with Opposition Leader Mark Golding, attorney-at-law Isat Buchanan and other PNP representatives. Several homesas were demolished in that community earlier this week.

In referencing the demolition execise, Golding described the situation as a “humanitarian calamity” and called for the permanent relocation of displaced families in consultation with them.

He said while the Government had provided tents and other temporary assistance, that could not be regarded as a lasting solution.

“The permanent relocation of those who have been displaced, in consultation with them, on lands where they can be permanently settled in a decent living condition is critical at this time, and the Government must proceed,” Golding said.

He argued that responsibility for government lands falls within Prime Minister Andrew Holness’ portfolio and called on him to identify an appropriate location and expedite a solution.

Cousins, meanwhile, challenged any suggestion that the Government was powerless to intervene because of the private-property and legal issues surrounding the land.

He said a judgment concerning the property was handed down in 2016 and argued that the Government could have pursued the matter to the Privy Council but did not.

Cousins also said a previous PNP administration had moved in 2014 to compulsorily acquire the property and that a caveat had been lodged against the title.

“What we are witnessing here today is most inhumane, and the Government cannot simply say that they are unable to assist the people. That is false, that is misleading, and that is not true,” he charged.

“They have the tools available to them,”bhe said.

Cousins said the Local Communities Amenities Improvement Act, enacted in 1977, was designed to provide options in circumstances involving communities such as Cooper’s Pen.

He urged the Government to use the legislation immediately to protect householders whose homes remain standing.

For families already displaced, he said tents were inadequate, particularly during the Atlantic hurricane season.

“A tent is not the solution,” Cousins said.

Buchanan also raised concerns about the manner in which the operation was conducted, arguing that property rights did not override the constitutional rights and dignity of residents.

“Notwithstanding that there are private rights, there is a process and procedures to ensure that human dignity is always maintained,” he said.

Buchanan contended that allegations surrounding the involvement of the security forces, including claims of wrongful detention and false imprisonment, should be ventilated before the courts.

He argued that state conduct that could not be demonstrated as justifiable in a free and democratic society could amount to a breach of constitutional protections.

“This is not just about property rights; there are human rights, and every Jamaican, the least among us, deserves that,” Buchanan said.

He joined Golding in calling for the Government to urgently pursue restoration, replacement or relocation for affected residents.

Buchanan said placing displaced families in tents during the hurricane season was particularly troubling given Jamaica’s recent experience with Hurricane Melissa.

“To come and see my brothers and sisters be placed in tents during hurricane season is unacceptable, and I don’t want that to be lost,” he said.

Dennis Meadows, the PNP’s chairman for Trelawny North, said he had invited Golding and the Opposition team to Cooper’s Pen because the situation required national and governmental attention.

Meadows criticised the decision to provide tents on the same property where houses had been demolished, describing the arrangement as untenable.

“You break down somebody’s permanent castle, and then you rush and come bring temporary tents, and you place those tents on the very ground with the debris,” he said. “The people of Cooper’s Pen deserve justice, and they deserve better than this.”

Meadows said both Golding and Cousins had proposed possible solutions that the Government should consider urgently.

“This temporary foolishness can’t work,” he said.

janet.silvera@gleanerjm.com