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FROM THE “CANIÇO” TO THE “CIMENTO”

HOW TO FORMALIZE WITHOUT SPECULATING

Ana CUBILLO ARIAS1, Pablo FERNÁNDEZ MAESTRE2

1Centro de Estudos de Desenvolvimento do Hábitat (CEDH),

FAFP, Universidad Eduardo Mondlane, Maputo.

2Arquitectes Sense Fronteres Catalunya.

ABSTRACT. Maputo, as the majority of African cities, faces the challenge of a sustainable urban growth. Moreover the Mozambican context -due to historical and political factors- has its own restrains which make it a unique case. The oldest suburban neighborhoods are threatened by real estate pressure owing to their privileged setting and the scarcity of residential areas with infra-structures which impulses urban growth towards a low density and dispersed periphery. The CEDH (FAPF-UEM) proposes a methodology to formalize these neighborhoods keeping their high density as one of their primary values but with high risk of gentrifying these areas, pushing out the current population (as it is currently happening) if a strong social housing policy is not enhanced. And despite the imminence of the challenge, the question how to formalize without speculating? remains unanswered.

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INTRODUCTIONThe planet grows towards cities, but especially towards African and Asian cities. Currently Africa is the continent with the highest rates of urban growth (4.5%) and, asit is shown in Figure 1, it is expected that in only 30 years the number of its inhabitants will be twice as high as currently (UN-Habitat , 2014, p. 26).

Figure 1. Projected african relative total and urban population growth rates.

Moreover 60% of the urban population now lives in slums (African Cities, 2014), which makes clear how urgent the need for planning for growth is in these cities. But how can we do urban planning in a context of such an uncontrollable urban chaos?

Today Mozambique is mainly rural with only 31% of urban population (UN-Habitat, 2014, p.269). But this reality is changing and the urbanization of the country is imminent. Therefore we believe it is an historical moment, we do not have time, we have to stop and think how can we do this urban planning and, at the same time, research for a methodology that we can export to other cities with similar characteristics.

To understand the context we first present an analysis of the urban reality of Maputo, doing an historical review of how the densification and evolution of land tenure in these suburban neighborhoods has led to an unsustainable situation. Subsequently, we present a study case in the context of the work of “Centro de Estudos de Desenvolvimento do Habitat (ECHR. FSPF-UEM)” in two neighborhoods of the first

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crown of informal settlements in the suburban area of Maputo, Chamanculo D and Xipamanine (Figure 2 ). It is an example developed by taking a sample of about one hectare in the residential neighborhood of Xipamanine. This work aims to implement a methodology as a pilot proposal and to give some ideas to overcome the greatest global challenge of our age: the “formalization” of slums.

Figure 2. Location_ Chamanculo D (1) and Xipamanine (2)

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HISTORICAL EVOLUTION AND INFORMAL LAND TENURE

In the colonial period Maputo was a city with a dual character, configured to satisfythe colonial needs (Lopes, Oppenheimer, Sangreman Proenca, Ribeiro, CunhaFerreira, 2007), consisting of an urban center for the settler population planned bymanagement while the periphery, insufficiently infra-structured, was informal and self-produced1 by locals.

The structure of the neighborhoods of the outskirts results from the gradualdensification (initiated in the first half of the twentieth century) of rural propertieswhich were subdivided to accommodate new residents and within which were builtsome constructions to sublet. (Figure 3.1).

From the 50's the urbanization process of the neighborhoods closest to the city wasaccelerated (Xipamanine among them) with a significant increase in local population(from 2 to 8% between 1950 and 1960) (CMM, 2008, p accelerates .31) associatedwith the growth of capital. (Figure 3.2 and 3.3)

In 1975, with the independence of Mozambique, land was nationalized in the name ofgreater equity, to avoid speculation. Houses owned by families with more than oneproperty were expropriated (nationalization of the property of "performance" andPortuguese houses) and became the property of APIE (Administração do Parque doEstado Imobiliário). (Figure 3.4). Subsequently, the war (1975-1992) reinforced therural exodus contributing to the rise of city density. (Figure 3.5)

However, in the mid-80s Mozambique opened up to market economy and later in1991 (Decreto Lei 5/1991) the real estate market was opened to the private sector,allowing tenants of APIE's properties to buy their houses and hence creating complexsituations in the suburbs (tenants who become owners of rented rooms and a part ofthe original plot, etc.). (Figure 3.6)

In a context as exceptional as this where land is owned by the State, the Land Law(Decreto Lei 19/1997) established the DUAT (Direito of Use and Aproveitamento daTerra) as a tool for the regularization of land tenure. However the absence of a landtitle does not prevent from using the land by occupation in good faith (over 10 years)since a large part of the population actually lacks of DUAT. In informal settlementsDUAT titles have not been given yet, since there is no official allotment nor theminimum infrastructural levels.

The constant changes in the laws which regulate land ownership, the self producedorigin of the suburbs and the self assignment of plots contribute to the anarchicoccupation of these neighborhoods and the complete informality of land tenure.

1 The concept of "self-produced" to designate the informal city is used by Jorge and Melo (2014, p.3).

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There are no clear boundaries between plots legally recognized. These limits areestablished by agreement between the neighbors arbitrated by community leaders.

3.1. Before 1950. Ruralproperties.

3.2. 1950-1960Progressivedensification

3.3. 1960-1975 . Division and sublet

3.4. 1975. Landnationalization and

establishment of APIE.

3.5. 1977- 1992.War and Inmigration.

3.6. 1991. Hosingmarket liberalization

3.7. 1992- 2014.Densification

3.8. Study case.

Figure 3. Simulation of the evolution of land tenure in the study area.

For the development of the methodology of intervention that we expose under theframe of the CEDH's work in Xipamanine, the survey of the plot edges was madethrough visiting house by house and asking residents about the agreed limits of theirland. (Figure 3.8)

CURRENT STATUS OF PERIPHERAL AREAS: HEALTH HAZARD, DENSITY ANDDIVERSITY.

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This process has generated a precarious urban space, with a very high densityincompatible with the existing model of occupation. (Figure 3.7)

According to INE (2007) Chamanculo D has 423.8 inhabitants per hectare. Assuminga population of 5.8 persons per household as is indicated by the PEUMM (CMM,2008, p.149) the density of these neighborhoods is of 73 dwellings per hectarereaching 84 dwellings per hectare in the densest areas in opposition to more distantslums or even central areas of the city with densities between 200 and 50 inhabitantsper hectare (INE, 2007) (CMM, 2008, p.96-97).

The rural origin of these neighborhoods implies that the predominant housing modelis a single-family one. However the high densities that have been achieved due tothe privileged position of these neighborhoods have led to a critical situation withunhealthy and insecure conditions (flooding because of saturated soils, precarioussanitation, fires, etc.) encouraged by the lack of infrastructure and the low quality ofthe buildings.

The high density and the socio-economical diversity are characteristic values ofthese suburbs. This combination of factors allows the most central suburbs to be avery dynamic -mostly informal- economic activity center. An emerging middle classcohabits with families with no resources and different housing types coexist in theseneighborhoods ranging from very poor houses to gated communities or single familydwellings belonging to middle or upper middle class.

REAL ESTATE PRESSURE AND INTERVENTION METHODOLOGY

Currently different intervention projects and urban improvement programs arefocusing on many of these suburban areas. This makes them inevitably a target ofreal estate market pressure that sees in them the opportunity to expand the "cidadede cimento".

The improvement of the conditions of neighborhoods (paving of the main arteries orthe elaboration of Partial Plans for Urban Renewal (PPU)2) is leading in some casesto land speculation. One example is the gradual transformation of the territory held byprivate investors who acquire plots along the main streets already urbanized,destroying the existing residential city fabric and leaving these plots in "stand-by",using them as parking lots or storage areas waiting for the regularization of theneighborhood and the obtaining of a DUAT which will secure their position and then

2 In Mozambique the Partial Urban Plan (PPU) "establishes the structure and partially describes the ground, taking into account the balance between the various uses and urban functions, defined transportation networks, communications, energy, sanitation and social facilities." (ROW, 2008).

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build. See Figure 4 that shows the changes in the plots on the main street ofXipamanine.

Figura 4. Aerial image of the Irmãos Roby street (Xipamanine)where we can see the transformations carried out in the plots.

These suburbs find themselves in a paradoxical situation where the development ofprojects and proposals for intervention and urban renewal as PPUs (that take yearsto be implemented) paralyzes the development and the natural dynamism of theseneighborhoods either because of speculative attitudes of specific agents or becauseof the reluctance of its inhabitants to invest for improving their homes if they might beexpelled from the neighborhood, perpetuating sometimes precarious situations andpromoting the insecurity of land occupation.

This increase of the real estate pressure is an inevitable process that will becomemore pronounced as the city grows and the country develops. And so far, thisdispute between the space requirements of suburban populations and elites of thecities is forcing out to the periphery families with few resources. This situation isworsened considering that most of the people in the suburbs do not have legaltenancy documents which makes the process easier. (Raposo and Salvador, 2007,pp.108-109). Another factor that increases the vulnerability of the present inhabitantsis that the plot transactions are made informally with each owner negotiatingindividually the price of the land and the amount of the economical compensation

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regardless of, in most of the cases, the intangible value of their housing derived from,among other things, its proximity to downtown. (Jorge et al., 2014, p.12). Thealternative for these families displaced from their neighborhoods by real estatemarket is to live in single family houses on large lots increasingly distant from the citycenter. While some displaced people prefer a more rural way of life, there are noalternatives for those who want a more urban way of life and wish to continue living inareas closer to the center. (Jorge et al., 2014, pp.12-13)

The type of urban growth that is currently taking place in Maputo, not only in cases ofthe resettlement of populations affected by urban "improvement" strategies but alsomiddle-class youth who cannot find their place in a city center already consolidated,is not sustainable. There are currently very few areas with basic infrastructure in thecity, there is very little housing supply and it is very expensive. This causes that eventhe middle class has to live in areas cut off from the city center hence building a lowdensity scattered city, without basic infrastructure and increasingly greater mobilityproblems.

From the CEDH we have proposed a methodology of intervention in these suburbanneighborhoods that understands civil society empowerment as the base for theformalization. It is a proposal for land regularization (subdivision and allocation ofDUAT) and real estate development in these areas protecting the rights of currentinhabitants.

This proposal gives priority to the density as one of the key values of the slumsclosest to the center, understanding that this density brings diversity, dynamism andeconomic activity, distinctive traits of these neighborhoods. For this we proposed asan option to maintain the same density but varying the housing model (from singlefamily to multifamily housing in 3 or 4 floors) to ensure basic habitability conditionsand obtain public space and urban equipments.

The first step for the regularization is the approval of a planning regulation (PPU)which establishes land use, the structuring roads and sets a high population densitysimilar to the present and the parameters for a new model of occupation.

Taking into account the gap between the current model of occupation and the oneplanned, neighbors are to be grouped into management units, trying to respect thecurrent division of land tenure but considering that each of these units should havedimensions and conditions to become a future plot. For the definition of thesemanagement units the parameters of size, shape and accessibility of the future plotsare taken into account, trying to make them match, as much as possible, with the

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present structure even if some cessions or compensations between owners areinevitable. (Figure 5)

These management units, called "negotiation groups", aim to protect the rights of theinhabitants during the process of formalizing and to strengthen their position in thenegotiation process in the case it is private investors who will develop the site or tofacilitate the management process if it is an initiative carried out by the government.

Moreover, as the intervention is divided into independent “negotiation groups”development can take place slowly, plot by plot.

Figure 5. Negotiation groups(in green and purple thetransfers between NG)

Figure 6. Infrastructure (inpurple and green theexpropriated houses)

Figure 7. Construction of newhomes (dark blue) and housing

that can remain (light).

After the definition of the negotiation groups (equivalent to the future plots) theurbanization and the infrastructure construction are done. The streets inside thedeveloped area remain roughly the same since the structure of the neighborhood ispreserved, conserving, as similar as possible, the path of the main streets butregularizing and widening them. They are to be wider not only to allow vehiculartraffic but also because in the future the heights of the buildings will be higher. (Fig. 6)

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Finally, through the change in the housing model, the density achieved is similar tothe current one (the established density is medium-high by the standards of PEUMM:around 40-75 dwellings per hectare). Thus, at least theoretically, and only if thisoperation is goes with social housing policies we could resettle the currentinhabitants on site but improving their living conditions. (Figure 7)

There are current owners -whose plots are large and whose houses are in goodconditions- who could decide not to enter the development process and stay as theyare now. To protect their situation DUAT could be previously given so their landshould be respected in the regularization process (Figure 7). As George and Melo(2014, p.6) indicate, during the intervention for urban improvement of Chamanculo C(neighborhood with similar characteristics as the neighborhoods studied) some titlesand provisional DUAT were attributed as a part of the negotiations to some peoplewhose plots along the side of the main roads.

CONCLUSIONS

First of all we would like to clarify that we do not present this experience as anexample of good practice but as a starting point for reflection. We understand thatthis proposal has virtues and vices that are worth analyzing.

On the one hand we know that the methodology is controversial because it proposesto change the housing model and hence, in a certain sense, the way of life of theslum dwellers. It could be interpreted as an imposition of Western urban growingscheme, unconnected with the local conception of space and community andtherefore jeopardizing the sustainability of the urban intervention. In this sense wewould like to ask: who are we planning for?

Many families keep the traditional model of housing because they come from a ruralcontext but these plots that they live in are now the city. In reality they are located in aprivileged area and there is already a growing second generation who is born there,in the city. We understand the city as a dynamic living thing hence the neighborhoodsmay also change according to the needs of their dwellers.

On the other hand we think that if we want to preserve the wealth and thesocioeconomic diversity of an informal neighborhood and to avoid generating moreinequality, the proposal must provide a housing solution, at least, to the same familieswho lived in the neighborhood.

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Maintaining this high density, while improving the living conditions inevitably involveschanges in the housing model. We understand that the density, the mixed-use andthe socio-cultural web are values that we must learn from the slums as Chamanculoand Xipamanine and, therefore, we must preserve. With this model we achieve highdensity residential neighborhoods similar to other well-consolidated neighborhoods inthe city of Maputo (as Malhangalene) (see Figure 8).

Besides the construction, since it is based on the “negotiation groups”, can be carriedout slowly. This allows to configure the city gradually, "plot by plot", respecting thestructure and the richness of the informal settlement.

Figure 8. Street of the neighborhood of Malhangalene, Maputo.

This whole process is meaningless if there is no support from the government (whoshould have the main responsibility in the process) such as a solid social housingpolicy that guarantees the access to the new houses for the lower income families. Ifthere is not a favorable political will it could happen that this urban proposal achievesexactly what it is trying to eradicate: social inequality where the part of the populationwith more resources obtains improved habitat conditions while the poorest aresubject to the pressure of the real estate market, and therefore many of the currentdwellers forced to leave their neighborhoods (gentrification).

For all this we believe that it is an urgent matter that we try to find a way to solve thisgreat global challenge through the partnership between professionals and theneighbors in a participatory way and with the support of institutions.

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Centro de Estudos de Desenvolvimento do Hábitat (CEDH) (2014), Relatorio diagnóstico da situaçãoatual. Plano Parcial Urbano de Chamanculo D, Maputo.

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