@article{b744c386117040b5a7568185b0fa94c1,
title = "Examining responses to informality in the Global South: A framework for community land trusts and informal settlements",
abstract = "Informality has been a predominant source of affordable housing for the urban poor in the Global South. Despite many efforts to eliminate and/or improve informal settlements, these communities still prevail as one of the only housing options for low-income households burdened by exclusion, dispossession, and stigma. This article evaluates the potential for and impediments to community land trusts (CLTs) as an alternative response to informality. We compare the CLT model to predominant policy responses to informality to understand it strengths and weaknesses. Based on this analysis, we propose a conceptual framework delineating the main conditions necessary to implement the CLT model within informal settlements in the Global South. This framework informs the work of communities, governments, practitioners, and researchers pursuing an alternative response to housing informality. This study expands the existing understanding about CLTs and their possibilities for application in the Global South.",
keywords = "Affordable housing, Community land trusts, Global south, Informal settlements, Informality, Land rights",
author = "Patricia Basile and Ehlenz, {Meagan M.}",
note = "Funding Information: Based on our policy assessment, we propose a conceptual CLT framework for GS informal settlements. A conceptual framework can offer communities, governments, practitioners, and researchers guidance on potential opportunities and challenges associated with the CLT model. The framework identifies five necessary conditions for successful CLT implementation and long-term viability ( ). The omission of one or more of these conditions could weaken—or even preclude—CLT adoption. Fig. 1 Community willingness, commitment, and agreement is the first condition. This embodies a community commitment to collective ownership, as well as ongoing stewardship from a CLT non-profit. Given the CLT's relative unfamiliarity, this element includes resident education and a community-led participatory process to ensure consensus. A lack of resident willingness or shared commitment to the CLT model would preclude successful CLT implementation. The presence of a community steward and/or leaders is the second condition. CLTs require a representative organization to lead their efforts. At the outset, community leaders or advocates would initiate the process, including CLT education, partnerships with local government and/or supporting organizations, and community advocacy. Following the CLT's creation, community leaders continue to support the CLT's board and ensure broad community participation. Based prior CLT experiences, the dearth of groups willing or able to lead—and sustain—community-led processes is a deterrent to the CLT's successful implementation. Land acquisition is imperative to the creation of a CLT in any context; this process is distinctly different for informal settlements. There must be a real opportunity for the community to acquire the land it occupies for the CLT to function. If political, legal, or policy circumstances prevent community acquisition, the CLT model will not work. Further, the ideal scenario allows for the CLT to acquire land without incurring substantial debt. TB-CLT and CMP-CLT both occupied acquired land from public entities; acquisition of privately-owned lands would likely require complex negotiations and financial resources. Local governments can provide substantial financial support, leveraging existing public housing funds, grants, donations, or loans. The CLT's flexible structure enables multiple funding streams to support its work; further, individual mortgages can be supported by existing state-subsidized financing options. Over time, GS CLTs could become self-funded, utilizing income generated by property development rentals or other initiatives, as demonstrated by CMP-CLT's experience ( World Habitat, n.d. ). Public sector support represents the fourth condition, including: new legislation or amendments to existing laws, ordinances, and/or policies; the negotiation, transfer, or purchase of lands to the CLT; and/or ongoing political support for the CLT model in response to resistance from the general public or special interest groups. Depending on the context, the absence of local government support may not deter a CLT project, but it does represent a significant obstacle. Third party support is the final condition for CLT implementation. Partnerships with allied institutions, organizations, and/or technical professionals can provide critical resources that strengthen the CLT. The creation of a CLT in an informal settlement includes: (a) the establishment of a non-profit organization; (b) the adoption of CLT bylaws and mission; (c) the negotiation of land rights from public or private entities; and (d) the formulation of an improvement plan, often including infrastructure and housing. This process can be complex, requiring technical skills related to legal processes, urban planning, and fundraising. While the absence of partnerships is not a strict impediment, it does represent a significant support, as illustrated by a number of examples. As the non-profit is being established, third party support can aid in the development of the CLT's bylaws, operating rules, and contractual leases. The TB-CLT experience illustrates the importance of strong, enforceable lease agreements between the CLT and its homeowners; without legal protections, the CLT may struggle to protect its affordable housing clauses. Third party organizations and/or technical partners can assist the CLT in establishing legal enforcement processes and mechanisms. TB-CLT also struggled with internal conflicts over leadership that threatened the long-term viability and management of the CLT. Third party partners can represent a useful management strategy for the CLT as minority delegates on the board of directors, providing technical expertise and safeguarding CLT bylaws and democratic processes. Third party support is also significant to the process of securing funds for the initial development, maintenance, and growth of CLTs in the GS. Funding opportunities often include non-profits and international development organizations with directives supporting community-focused housing, as well as initiatives that support community empowerment and control. These resources are ideal targets for CLT creation and expansion in the GS ( Arrossi et al., 2013 ; Mitlin & Satterthwaite, 2007 ; Satterthwaite, 2001 ). For instance, a German international development organization provided funding and technical assistance for TB-CLT; CMP-CLT has received funding from a number of public and private organizations, including the Rockefeller Foundation and Chan Zuckerberg Initiative. Third party actors can also provide technical and financial support to CLT homeowners, particularly through incremental infrastructure partnerships and housing microfinance programs ( Ferguson & Smets, 2010 ). Given the predominance of incremental housing practices in informal settlements, small-scale funding pools can represent a meaningful resource to households. Financial partnerships can help the CLT establish affordable financing options, including no- or low-interest loans through a revolving loan fund or community-based housing loan fund. In addition, partnerships can support the CLT's efforts to provide financial counseling and entrepreneurship support in service of existing infrastructure improvement, home maintenance, and wealth-building. 6 Publisher Copyright: {\textcopyright} 2020 Elsevier Ltd",
year = "2020",
month = feb,
doi = "10.1016/j.habitatint.2019.102108",
language = "English (US)",
volume = "96",
journal = "Habitat International",
issn = "0197-3975",
publisher = "Elsevier Limited",
}