This chapter delves into the intricate institutional framework that underpins the CTL’s operations, examining its enabling state, social and economic pooling mechanism, experimentalism, and the integration of tech justice.
It is evident from this case study that the intensity of private-public governance within the Martín Peña Channel Community Land Trust (CLT) begins with collaborative efforts initiated by the San Juan local government. The idea was that the government would empower the Public Transport Authority to spear a comprehensive development project, with participatory methods employed to gain resident cooperation, particularly concerning relocations from the rehabilitated zones. However, this led to residents’ awareness of the potential displacement due to river dredging. Between 2002 and 2004, over 700 activities were organized, fostering flexibility and collective leadership that facilitated dialogue and critical thinking, meanwhile the infrastructural project became integrated into the Proyecto ENLANCE (ENLANCE Project), managed by ENLANCE Corporation.
The governance was further strengthened by the establishment of the G8, which is a formalized meeting among community leaders. Therefore, now ENLANCE Corporation and G8 collaborated on initiatives such riverbank cleaning and environmental education programs, reinforcing the collective approach to the problem-solving. One of the examples that embodies this public-private governance model is the Fideicomiso de la Tierra and its executive board, where Fideicomiso Bard comprises representatives from both the private and public sectors, as well as residents directly impacted by its decisions.
The CTL’s governance structure therefore is characterized by a tripartite leadership model comprising Fideicomiso de la Tierra, ENLANCE Corporation, and G8, each representing a distinct facet of public, private, and community interests. This ensures that the voices of all stakeholders are heard and respected, fostering a sense of ownership and accountability within the community.
While this inclusive structure reflects the CLT’s commitment to shared decision-making and community empowerment, the relationship of the CLT with the stat is integral to its existence with local administration engaging communities in the restructuring process. In this chapter it is shown that the critical state involvement came with the enactment of Law 89-2004, which formalized the core bodies of the CLT and its associated institutions. This law granted perpetual existence and independence to Fideicomiso de la Tierra and insured its autonomy from local government legislation. Similarly, the ENLANCE Corporation, established as a public entity, received land from the local government, and entrusted to Fideicomiso for community development. However, challenges arose when Law 302-2009 threatened Fideicommissa’s control over the acquired lands, which undermines the CLT’s collective ownership model. Therefore, Community mobilization and legal advocacy ultimately led to the repeal of this law and reinforced Fideicommissa’s role in safeguarding residents from displacement.
The CLT’s commitment to social and economic pooling is reflected in its reinvestment of revenues from property sales and rentals into community infrastructure and housing initiatives. In fact, Fideicomiso engages residents in peer-to-peer activities, promoting resource-sharing and collective action for community benefit, and through the acquisition and management of land it provides affordable housing to over 2,000 low-income families. This collaborative approach to resource management fosters sustainability and equitable development ensuring that the benefits of economic growth are shared by all members of the community.
Meanwhile the CLT’s experimentalist approach is evident in its adaptation of the community land trust model to the unique context of an informal settlement. Community-led initiatives such as “Líderes Jóvenes en Acción” (LIJAC) demonstrate resident’s active engagement in governance processes and local service provision from promoting affordable educational materials to establishing community gardens.
Technological integration usually servs as a powerful tool for promoting social justice withing CLT, which facilitates information dissemination. However, CLT’s use if technology is still evolving and residents with internet access typically obtain it through private contracts rather than communal services, the information dissemination occurs primary through face-to-face community meeting, prioritizing personal interactions over digital platforms.
The Martín Peña Channel Community Land Trust represents a testament to the transformative power of shard governance, community empowerment, and collaborative problem-solving, and is a pioneering model of public-private collaboration in urban land management.