The Quest for Legal Titles in Bolivia
By Debbie Falk

Picture this: You've worked for years--possibly decades, or even generations--in the harsh, mountainous landscape of Bolivia's tin and silver mines. But when the government closes the mines, you lose your job and with it, your company-provided housing. Your family is displaced, relocated to a faraway destination not of your choosing.

If you're among the lucky ones, you may be given a small piece of land through the government relocation program. If not, you end up living along a river, under a bridge, in a gully or anywhere it seems the land doesn't have an owner. There's no water, sewer system, electricity, roads or garbage pick-up. You put together some old boards, plastic, cardboard and tin for a "home" for your family. Everyone in the family works hard to eke out a living, selling miscellaneous items on the street, shining shoes or carrying heavy loads.

This is just one housing scenario facing hundreds of families here. Since 1987, some 370 ex-miner families have squatted on government-promised land in the city of Cochabamba. Believing that government promises often disappear, the families squatted in hopes of urging authorities to act "quickly."

Marta Claros' family has lived on such land in tents for the past four years--exposed to high winds and below-freezing night temperatures.

"Many families lived day in and day out in these tents," she says. "When the tents began to disintegrate, we had to build a chujlla (hut made with branches lashed to a stick frame)." Eventually, some families built tiny houses of adobe bricks.

After 10 years, the group's persistence paid off, and finally, the land was surveyed. "Although the government offered the land for free, we were afraid they would take it away from us later on, so we insisted on paying," says Teodoro Guzman, an ex-miner.

By 1997, some of the families had learned about HFH Bolivia and the local affiliate. Since then, 19 houses have been built with families who made the effort to acquire full legal title to their land. Many others--who did not or could not complete the required paperwork--still live in limbo. Others are stalled in their efforts because the government "froze" the processing of all paperwork two years ago. As a result, for now, the remaining families cannot build with Habitat.

HFH Bolivia's bylaws require that potential homeowners have full legal title to their lots. This condition sounds logical enough, but to comply can launch a convoluted, time-consuming and costly effort.

There is good reason for having legal title. Dramatic population surges resulting from rural and economic migration have yielded uncontrolled urban growth in Bolivia's largest cities. This, in turn, means that the overworked and under-resourced planning departments of these cities are not keeping up with illegal land invasions, squatters and unscrupulous land developers.

"Without legal title to the land, Habitat risks building houses where the city plans indicate roads or schools," explains Victor Hugo Cusicanqui, HFH Bolivia national director. "It is hard to wait until the city planners are ready to deal with a particular part of the city--a wait that usually implies several months, if not years."

In parts of cities where planning is up to date, families still have to obtain approval from the planning department, request zoning and location approval, and proceed through a title search before they acquire full legal title. Theoretically, this process should take just 15 days and cost approximately 100 Bolivianos (US$14).

"Unfortunately, municipal employees are poorly paid, so they look at the transaction as an opportunity to augment their salaries," says Julio Canedo, director of Habitat El Alto. "There is nothing as crass as asking for money outright, it's more a matter of...one delay after another."

HFH Bolivia's ability to fulfill its mission is directly affected by such difficulties. Several affiliates will not reach their goals for this year because the families cannot legalize their lots.

However, in El Alto, the affiliate has signed formal agreements with the municipal governments in order to help its waiting families. "In some of the municipalities, we have an excellent working relationship," says Canedo. "They understand that by facilitating the paperwork for the families, they are helping to make their municipality a better place to live."

Many affiliates see land purchase as a means to reach more people in need.

"If we can buy a piece of land, subdivide it and arrange all the paperwork for it, that gives us more control over the process," says Cusicanqui. "The challenge for HFH Bolivia is to raise the funds we need to purchase land. With prayers, hard work and help from God, we hope to meet this challenge."


Debbie Falk is an international partner with Habitat for Humanity International in Bolivia.





Reprinted from Habitat World Magazine, August/September 2000.
This article may not be reproduced in any form without permission.
©2000 Habitat for Humanity International