Savant-Mohit, Radhika. ‘Security of Tenure and the Way Forward: The Case of Samakee Pattana, Bangkok’, in Habitat International, Vol. 28, 2004, pp. 301-316.
The article analyses the process of improving tenure security of low-income communities with an example of an upgrading project in Bangkok in the form of a land-rental slum. The community goes through the process of signing a lease contract for the squatted land and the upgrading of infrastructure and services.
Although not about housing as such, it is very relevant in terms of the dynamics in communities and community-based organisations as well as the interaction with and roles of other actors in this process: the NGOs BTA (Building Together Association), Training Centre for the Urban Poor and the Slum Women’s Network as well as public sector agencies NHA, BMA and CODI.
Definition of Slum/Informal settlement by CODI, NHA and BMA:
“A group of buildings that with a housing density of not less than 15 houses per rai (1600m2), in an area characterised by overcrowded, deteriorated, unsanitary, flood and poor conditions of stuffy, moisture and non-hygienic accommodation, which might be harmful for health, security or the source of illegal action or immorality areas.”
Land-rental-slums:
- Pure squatter settlements make the smallest proportion of Bangkok’s informal settlements, located mainly along Canals and Railway lines.
- Most are land rental slums with negotiated permissions, rent payments, consensual or written contracts, usually 30 day notice period, often subdivided and rented out further.
- Seen as middle path promising more feasible arrangements of secure tenure with the facilitation of the authorities in which the poor can determine the circumstances and interests of land-owners are protected.
- In 97, generally most communities lived on private land (499), next biggest group on government land (263) and the smallest group on land of religious institutions (81)
Interesting table listing all types of tenure:
Case study Samakee Pattana looks at developments after tenure rights for land have been obtained. The description has much practical detail with figures, costs, area vs households etc, which can be looked up if needed for comparison with our sites. A few interesting points on stakeholders:
Tenure negotiations:
- Contractual negotiations between the housing cooperative of the community and the landowner (Clergy Foundation Hospital) to rent the land took 1.5 years! Another year later work on infrastructure started.
- The rent is 530$ /month for 6.4 ha and rent controlled with renegotiations every 3 years and a max. increase of 20%
- NHA and NGOs above helped in the negotiations for tenure, NHA had a personal contact and many meetings with the community unlike other government actors involved in following steps, i.e. infrastructure on site, see below
NHA commitment:
- Receives a subsidy per household to provide infrastructure. The subsidy is different depending on whether the community is relocated or not. The cost of land and infrastructure combined with political/social considerations does not necessarily encourage relocation.
- In the case study the budget allocation did not include the provision for housing improvement or relocation on site of the households affected by infrastructural changes or sanitation facilities (sanitation is seen as linked to housing). Equally the water connections from main pipes to houses are not included and need to be arranged by individual after they obtain a metre. Costs and labour had to be borne jointly by individuals and community.
BMA commitment:
- Through decentralisation responsibility for development on municipal level
- Committed to a community centre, improvement of Klongs and childcare assistance
- BMA has district offices (here Bumkum) with which the communities need to register with a certificate from landowner and who are supposed to carry out the physical improvements, help organise, initiate savings groups etc. Here this has only happened at a minimum due to lack of funds and personal
- Did not support financially or technically the necessary readjustment/shifting of houses (same as NHA)
Community organisations:
- Savings group: Started with help of NGOs Building Together Ass. and Training Centre for Urban Poor. Main driver to do so was the threat of eviction at the time and lead to appropriateness, effectiveness and focus.
- Housing co-operative: Created in order to pay rent under Co-operative Societies Act (some households joined and still don’t pay)
- Some dissatisfaction within and with the committee regarding efforts to resolve issues and obtaining positions
- Occupational Groups: SWD (Social Welfare Dept) with HNA and BMA set up groups to help income generation and provide funds for training and equipment. Unsuccessful and substandard products due to very basic training, no choice in product produced, budgeting errors and oversupply.
- Example for operation of government agencies with lack of consultative approach and evaluation, resulting in disillusionment towards approach.
NGOs:
- Advisory role to form savings groups
- Knew the individuals of the community
- Had access to legal info for lease
Situation in Samakee Pattana 2 years after lease contract:
- Distinct improvement of infrastructure but not of services
- Main issues are water supply and move from temporary to permanent housing registration (this changes extend and costs of services available) Permanent registration has been denied because of non-compliance with building regulations, therefor community has to seek a court order. Also they will have to pay a fine for previous land occupation.
- Community wants one to one arrangements with MWA (Metropolitan Waterworks Authority) without the housing cooperative
- NGOs, NHA and cooperative had complementary roles during lease negotiations. In Infrastructure phase individual members need to start benefitting, NHA has withdrawn as facilitator and MWA doesn’t recognise past situation.
- If co-operative extends its role from managing rnt to become negotiator/intermediary between community and service providing agencies without backing of a facilitator its risks loosing credibility and not being able to deliver results, therefor weakening a strong organisation.
- Communities are not more unselfish, participatory or committed than any one else. Prefer to leave operation, maintenance and management of infrastructure and services to municipal organisation
Different policy directions of NHA, BMA and CODI:
- BMA: Called for evictions under Building Control Act, while others could stay, especially Canal side slums need to go. Change of direction in 2003 from previous governor
- NHA: end to slums and gov announcement of Baan Ua Arthon project to construct 1 Mio new housing units in 5 years = ca 550/day, sirectly subsidised per unit, allocation in lottery and based on application and income. Concerns about quality and infrastructure, market distortion through undercutting private sector, whether it actually benefits the poor as endusers.
- CODI: Baan Mankong started same time as Baan Ua Arthon, gain secure land tenure (buy from private and lease from government), improve housing conditions and access to infrastructure, maintenance of facilities (little success in latter)
Conclusions:
- Land-rental slums offer opportunities for urban poor if one accepts temporal quality and diversity of needs and capacities of communities and land owner’s perspectives.
- Main caution, also with CODI approach: “Who does what?”
- Perpetual shift of roles and responsibilities since the 70s
- Government to review regulations that hinder social, economic and political advancement of the poor = institutional and attitudinal change in existing frameworks
- “Change in the attitude towards low-income communities and their contribution to a city is perceived and therefore changes in the approach to interventions to help develop these communities. That they are not just isolated cases, they are not altruistic societies, they are not quaint examples of struggle and benefit, but an integral part of the city and its management process which requires a strategic and flexible tripartite partnership between the communities, the non governmental sector and the public sector.”
Tags: BMA, CBOs, CODI, Land Rental, National Housing Authority, NGOs