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Balancing property rights and human dignity
Mattresses provided by the Office of Disaster Preparedness and Emergency Management to residents of Coopers Pen, Trelawny, whose houses were demolished on Tuesday. (Photo: Horace Hines)
Columns
by Ricardo Smith  
August 14, 2026

Balancing property rights and human dignity

The Government is facing mounting pressure to find housing for residents of Coopers Pen following the recent demolition of structures by landowners at the informal settlement in Trelawny where many families have lived for over a decade.

While occupying private property without legal authorisation cannot be condoned, it must never be used to justify the abandonment of human dignity or the disregard for residents’ basic rights.

The Government bears the responsibility not only to uphold the law and safeguard property rights, but also to ensure that citizens are treated humanely, especially when enforcement measures threaten to render families homeless and destabilise their livelihoods.

Coopers Pen is not a newly established community; it has existed for many years, with residents having built permanent homes and accessed essential utilities like electricity, running water, and sanitation — despite numerous legal challenges. This history underscores the importance of approaching displacement with sensitivity, robust consultation, and comprehensive planning that respects the community’s existing ties and needs.

There is a misconception that occupying land continuously for 12 years automatically grants ownership through adverse possession. This is not inherently true. Adverse possession depends on complex legal criteria and must be proven through specific conditions. Nevertheless, the absence of legal title does not justify ignoring the human aspects — namely, the need for shelter, dignity, and protection from harm.

Jamaica faces a significant housing affordability crisis. Many working-class Jamaicans find it difficult to purchase land or secure affordable mortgages. Informal settlements like Coopers Pen are often symptoms of deeper social and economic inequalities, such as unemployment, low income, and lack of access to formal housing markets.

The critical question we must ask is: What are we expecting these families to do after their homes are demolished?

Are they supposed to sleep on the streets? Seek temporary shelter? Face destitution?

Development is essential for national progress, and legitimate landowners possess rights; however, such development must not come at the expense of Jamaica’s most vulnerable citizens.

The Government should develop a national policy framework for managing informal settlements — one that balances property rights with the realities of poverty, housing shortage, and the inviolable dignity of human life.

This issue transcends partisan politics. Whether residents support the Government, the Opposition, or remain politically unaffiliated, they are all Jamaicans deserving of fairness, respect, and humane treatment.

The fundamental question is not whether the law should be enforced — that is unquestionable — but how it is enforced. We must ensure that enforcement measures do not inflict unnecessary suffering or deprive people of their homes without proper consideration of alternative options.

Development should propel Jamaica forward, not leave behind its most vulnerable people. The residents of Coopers Pen are not merely occupants of disputed land, they are human beings, families, and proud Jamaicans. Their homes may be demolished, but their dignity must never be compromised.

 

Ricardo E Smith is a senior educator and social scientist. Send comments to

ricardo.professional.edu@gmail.com

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