The Movement for Social Justice (MSJ) has taken very careful note of the recommendations made by the Chaguaramas Development Authority (CDA) to the Cabinet in a Report dated June 9, 2016 and as reported in the media. In that Report, the CDA recommended that all the leases that had been signed off on in 2014 and 2015 by the previous CDA Board were “deemed illegal and therefore null and void”. This position of “illegality” was arrived at following legal advice given to the CDA by eminent Senior Counsel Elton Prescott, who also served as a former Independent Senator.

It is to be remembered that the MSJ by itself and also with other civic organizations grouped in the Save Our Chaguaramas Committee, vigorously opposed the decision by the UNC government, its Minister of Planning Bhoe Tewarie and the then CDA Board to give leases to private firms and individuals in the lead up to the 2015 general elections. In fact, we took to the streets, not once but three times in 2015, in opposition to the granting of these leases and to the type of “development” which was taking place in Chaguaramas under the UNC. Our demonstrations were in solidarity with the Guave Road Farmers and other traditional users of Chaguaramas, including persons/firms/organizations (such as the Military Museum) that had leases and were being pressured off the peninsula.

Our position was that leases were being given out by the CDA prior to Parliamentary approval of the UNC drafted “Master Plan” for Chaguaramas and therefore were illegal since according to the Act governing the CDA, land use must be in accordance with a Parliament approved Development Plan. The last Plan was approved in 1974 and very clearly set out areas of Chaguaramas that were to be reserved for agriculture; preservation of the environment and for public use. Thus, that part of Chaguaramas that is popularly known as Chagville Beach and which has for decades been used by the public is specified in the 1974 approved Plan as a “public beach”. However, it had been leased by the UNC to a private developer in violation of that approved use. We said then that the UNC and its CDA Board were acting illegally and contrary to the national interest. We also held that:

• Chaguaramas was a valuable asset owned by the State and that areas such as Chagville; the Chaguaramas Convention Centre; Macqueripe Beach; and the Chaguaramas Golf Course; must be kept for the common use by all that is public use.
• The Guave Road Farmers must continue to farm in Guave Road
• That development must be consistent with the preservation of the ecology; not cause the loss of prime agricultural land; and not further destroy or negatively impact on the environment

We demanded that the government desist from issuing leases that were illegal and we called for a complete review of its so called “Master Plan”. We saw the frantic issuing of leases as a corrupt land grab favouring friends, family and financiers and as a loss of the nation’s patrimony in the interest of a few.

Today that position has been totally vindicated by the legal advice of Senior Counsel and the recommendations of the CDA Board to the Cabinet. We wish to remind citizens that the Demonstration organized by the Save our Chaguaramas Committee held on Saturday May 9, 2015 saw the very active participation of the Peoples National Movement (PNM) whose contingent was led by its Political Leader,

Dr, Keith Rowley who was and still is the Member of Parliament for Diego Martin West in which constituency Chaguaramas is located. At the Rally following that Demonstration, Dr. Rowley made a clear statement that if in Government after the 2015 elections his government would reverse any actions by the UNC that were done illegally.

Today, that time has come. The UNC “Draft Master Plan” was not approved by Parliament and therefore had no legal effect. All the leases issued in 2014 and 2015 that were contrary to the specified land use in the 1974 Approved Development Plan are thus “deemed illegal and therefore null and void”. Dr. Rowley and his PNM Cabinet must hold fast to their freely given public commitment.

Furthermore, the law must be upheld. If persons are engaged in illegal land grabbing that must be stopped and the State must take its lawful and rightful possession of the land whether those persons are individual squatters or large and powerful individuals and firms. There cannot be one rule for the rich and powerful and another for the poor and powerless. To do so would be a violation of the Constitution and of the Oath of Office taken by all MP’s and Ministers to act “without fear or favour”.

The MSJ is therefore disturbed by the actions of and statements made by Mrs. Camille Robinson-Regis, Minister of Planning and Sustainable Development, when she toured Chaguaramas on Friday July 29th. The Minister visited activities taking place by developers on land, leases for which were issued by the CDA that Senior Counsel has deemed to be “null and void”. Her action of visiting can be seen as condoning the “illegal leases”. By her statement “Work has proceeded apace. So right now, it is difficult to stop it. There is no way that we can tell the amusement park people to break down their structure. That makes no sense. So really speaking, the park is located in an area where according to the law, it should not be” the Minister herself recognizes the illegality of the development. By saying that work cannot be stopped and that “these are all citizens of Trinidad and Tobago who have made investments. We will have to figure out the best way forward for the CDA while still giving investors an opportunity” can the Minister and/or Cabinet turn around and stop the “small man and woman” who may have invested their resources in activity that is “illegal”.

The MSJ calls on the Government to take a clear and definitive position on the illegal, null and void Chaguaramas leases. Chaguaramas is part of our patrimony and must not be allowed to be given to a few investors to profit at the expense of the “common good”. We also stated that the new CDA Board must undertake its responsibilities in accordance with the law and not pursue leases/activities (such as the hotel on the site of the tracking station) that are contrary to approved land use. The CDA and the Ministry of Planning must start a proper process – with active stakeholder and public involvement - of updating the 1974 Development Plan and have the new Plan approved by Parliament before any new leases are issued. Old lease approvals – that is prior to 2010 – which are in conformity with the 1974 Approved Plan could however, be considered for implementation.