Golding wants inquiry into enforcement of land rights

WESTERN BUREAU:

Opposition Leader Mark Golding is calling for a national inquiry into how land rights are enforced against vulnerable Jamaicans, arguing that the demolition of homes at Cooper’s Pen, Trelawny, highlights the need for stronger safeguards for longstanding communities.

Golding made the call on Thursday as he toured the informal settlement, where several homes were demolished on Monday, leaving families displaced and others fearful that their houses could be next.

He argued that while private-property rights are constitutionally protected, their enforcement must be balanced against the rights of vulnerable people, particularly those who have lived on properties for extended periods and lack the financial means to defend their interests through the courts. “Private property is protected under the Constitution, and that is correct, but where people who are vulnerable, people who have nowhere else to go, are involved, you cannot enforce rights as if there was no other compelling interest that needs to be protected,” he said.

Golding pointed to previous demolition controversies involving communities at Clifton and Pleasant Hill in St Catherine and Albion in St Thomas, arguing that the issue has arisen on both privately and publicly owned lands.

He said Parliament needed to examine the issue with a view to developing a policy that appropriately balances private-property rights with the constitutional and other rights of citizens.

The opposition leader also described the situation at Cooper’s Pen as a “humanitarian calamity” and said he would personally reach out to Prime Minister Dr Andrew Holness to seek his intervention.

Golding noted that responsibility for lands falls under Holness’ portfolio and argued that the prime minister was, therefore, in a position to expedite a solution for the displaced families.

“I will be reaching out to the prime minister on your behalf to urge him to take a personal interest in this matter and to help to find a solution for those of you who have had your lives devastated,” Golding told residents.

He acknowledged that the Government had provided tents and other interim assistance but said the priority must now be the permanent relocation of families whose homes were destroyed.

“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,” he said.

Golding also called for urgent intervention to protect residents whose homes remain standing but who fear that the demolition exercise could be resumed.

He said the Government should begin negotiations aimed at finding a solution for those households.

The opposition leader also raised concerns about allegations that several men from the community were detained in the early hours of Tuesday morning and held in Falmouth while the demolitions were carried out.

He described the alleged circumstances as a “very dangerous precedent”, noting claims that the men were subsequently released without being charged.

Opposition spokesman on human rights Isat Buchanan, who accompanied Golding on the tour, said between 19 and 30 men were allegedly detained about 3 a.m. and held for approximately 13 hours.

“Notwithstanding that there are private-property rights, there is process and procedure,” Buchanan said. “The Government has a duty to maintain human dignity and deal with the processes even [something] as simple as the notice period.”

Buchanan said the circumstances surrounding the alleged detentions raised questions about privacy rights, wrongful detention, and false imprisonment.

Golding said the Cooper’s Pen situation underscored the need to address a longstanding national problem involving land ownership, vulnerable communities, and access to justice.

“There needs to be a proper inquiry into this, with a view to coming up with a policy that balances the rights of our citizens, protects private-property rights but also protects the rights of the people who are vulnerable and who the State is there to protect,” he said.

For longtime resident Nadisha Jones, however, the immediate concern is where families will go and how those with young children will cope.

Jones said she has lived in Cooper’s Pen for approximately 30 years and insisted that she had received no notice that her home was to be demolished.

“We want to know where we go from here because my kids, here is what they know as home,” she said.

Jones said she was particularly distressed about mothers with young children who had been displaced and were now uncertain about how they would survive.

“Me a bawl for all the baby mothers around here,” she said, questioning what would become of families who had nowhere else to go.

janet.silvera@gleanerjm.com