El Picacho Land Project
Valle Nuevo, Cabañas
El Salvador
CoCoDA's cooperation:
Phase 1: $67,201 (Purchase, Survey, Titling - 1992-98)
Phase 2: $11,219 (Consultations/Cmty. Organizing - 1999-2001)
Phase 3: (parceling and re-titling of land to families - pending negotiations)
Project calendar: June, 1992 - December, 2003
Project partner(s): Reba Place Church (Evanston, IL); Plow Creek Fellowship
(Tiskilwa, IL); Dumbarton United Methodist Church Inter-America Committee
(Washington, DC); St. James Catholic Church (Ferndale, MI); Church
of the Brethren Latin
America / Caribbean Office; Equity Trust, Inc. (Voluntown, CT); Presbyterian
Hunger Program; Presbytery of the James (VA); Merle & Jean Crouse (FL);
Jay and Marilyn Curry (IL); Ann & David Fouts Family (MD); Marjorie and
Kenneth Dilling (IN); other contributors
Associate organization managing the project: Association for Economic and
Social Development, Santa Marta (ADES)
CoCoDA and individuals
from Reba Place Church (IL), Plow Creek Fellowship (IL) and the Dumbarton
United Methodist Church (DC) have been coordinating with
various people and councils and commissions in Valle Nuevo over the past
10 years to try to bring a sound, long-term conclusion to a land purchase
project which has come to be known as the "Picacho" project -- "picacho" refering
to a big, rugged hill that is on the property. The land is mostly rugged
farming or grazing land, although over the years a number of families have
moved onto the property. The primary objective of the project, as proposed
by the Valle Nuevo council in 1992, was to secure 265 acres of farming land
for the families of the community, and for much of this time since '92, much
of the land has served this purpose.
The project began with a payment of $34,000 sent directly to the community
council by Reba Place Church and Plow Creek Fellowship in 1992 to make
a first payment on the purchase of the land. Then a $16,100 loan was
secured and paid by a CoCoDA-contracted attorney to the former land owners
in 1993 to complete the sale.
For several years,
from 1995 to 1998, the project was essentially stuck. There have been
difficulties with the legal process, and weaknesses in
communications amidst different political factions in the community of
Valle Nuevo. After two and a half years of neighborhood meetings (1999-2001),
general assembly meetings and various consultations all made possible
thanks to the work of a Land Commission composed of Valle Nuevo residents,
an assembly with 100+ Valle Nuevo families represented voted nearly unanimously
to parcel out the land and distribute among families who returned from
Mesa Grande refugee camp (Honduras) in 1989 by means of a raffle. They
rejected CoCoDA's proposal to form an Asociación de Tierra Comunitaria
(ATC) and hold the land as a Community Land Trust, which could then extend
leases to families.
When a new community council was elected in Valle Nuevo in 2000, they
began to renegotiate the plans for the titling of the land, and now have
proposed assessing all community-held lands in Valle Nuevo (not only
Picacho) and devise one over-all parceling and distribution plan, so
as not to have an impractical to parceling up properties. This proposal
is presently being discussed and investigated with the Valle Nuevo community
council.
CoCoDA proposed and negotiated conditions accepted by the same assembly:
to leave ecological and social areas titled in the name of a community
land association; in case of a married couple both male and female would
be listed on the title; and to not permit sale of family plots for 10
years (to try to prevent a massive cashing-in of lots and reconcentration
of land, essentially the un-doing of the project's purpose: to provide
farmland to families of Valle Nuevo). Our proposal to the community was
to title all the land as a community land association, in one title,
but that was outright rejected by the community assembly.
THE TASK AT HAND - WHERE WE ARE NOW
The task before us now, then, is to complete all the legal and survey
work to comply with the community's decision and the conditions proposed
by CoCoDA and negotiated with the community assembly. Through a contact
at the Jesuit Central America University (UCA), we have gotten legal
counsel (all volunteer to this point) from a Salvadoran attorney named
Ana Mercedes Rivas, who has laid out in detail in community assembly
meetings in Valle Nuevo what legal steps need to be taken (they are complicated
because of the present legal status of the Picacho property).
About a year or two ago, a new community council was elected in Valle
Nuevo, which brought back into leadership some residents who were very
involved at the outset of the Picacho project, but who had not participated
in the consultations over the past few years, or who had participated
but were outspoken in their skepticism of the process, of Ana Mercedes
(a general distrust of attorneys).
Last March, CoCoDA
staff met with this new council, and the remaining members of the now
mostly inactive Land Commission. The Land Commission
is inactive for lack of a solid agreement and work plan backed by the
council, and by two key people for the legal procedures, Cleofas Villalobos
and Salomé Ascencio -- who were President and Vice President of
the VN directiva and who are legal owners of a large tract of the Picacho
property, and in whose name the community (particularly members of the
present council) propose the intermediary transfer of titles be named
-- essentially the legal representatives for the Picacho project.
Update (as of July 8, 2002)
MARCH
9 MEETING WITH VALLE NUEVO COUNCIL & LAND
COMMISSION
In the March meeting, two concerns were raised by the council:
1. They said there is a need to purge the list of 153 families that
had been compiled by the Land Commission. They said there were second
generation families that should not be eligible for a plot of land that
were on the list.
2. They said they
did not trust CoCoDA's attorney (there is a general distrust of attorneys
whom they don't know), and they wanted to work
with their own attorney, a Don Hipolito, who apparently lives in Sensuntepeque,
Cabañas.
We agreed in the March meeting that CoCoDA Projects Coordinator Alfonso
Rivas would follow-up with the directiva and the Land Commission to arrange
for a general assembly meeting to work on cleaning up the list of beneficiary
families.
Since that meeting, Alfonso has made numerous trips to Valle Nuevo,
usually having to arrive a day or two in advance of planned meetings,
to go to homes of members of the directiva and the land commission to
get the meetings organized. The meetings that follow represent significant
time and initiative on Alfonso's part in getting them organized.
APRIL 20 VALLE NUEVO ASSEMBLY MEETING
On April 20, a general assembly meeting was held in Valle Nuevo, with
relatively good attendance and participation from beneficiary families.
Two points were acheived:
> The list of beneficiaries
was purged of some 57 families leaving now 96 beneficiary families,
which those present at the meeting seemed
to accept.
> That a meeting
with Ana Mercedes (attorney) be arranged with the council and the Land
Commission on May 9 to discuss again the legal issues
needing to be attended to (Pastor had not attended any of the past assembly
and directiva meetings in which Mercedes explained these things).
MAY
9 MEETING WITH VALLE NUEVO DIRECTIVA & LAND
COMMISSION
On May 9 in Valle
Nuevo Alfonso and attorney Ana Mercedes Rivas met with the Valle Nuevo
directiva and Land Commission (all were present
but commission member Margarita Avilés). The discussion became
quite heated, with council member Pastor Torres in particular raising
doubts about attorneys. At the end of the meeting, Pastor said repeatedly
that the council had an agreement with the community that Cleofas and
Salomé would not sign any document without first signing transfer
of ownership to each beneficiary. There are a number of legal documents
that Cleofas and Salomé will have to sign in the legal process
to get one, fully-registered title for the property (which will be in
their names), to then sign the transfers to each beneficiary.
It was agreed there
would be an assembly meeting of the 96 beneficiaries on May 17 specifically
to authorize Cleofas and Salomé to sign
legal documents with attorney Ana Mercedes during the process.
MAY 17 ASSEMBLY MEETING WITH BENEFICIARY
FAMILIES
Alfonso was present
for the assembly meeting, which the Land Commission convened by written
announcement to all the beneficiaries. Of the 96
beneficiaries, 43 came to the meeting. Of the Land Commission all were
there but Margarita Avilés. Of the council all were there but
Pastor and Pablo -- two outspoken, highly critical members who should
have been there. Cleofas and Salome did not come either, but they have
not come to any meeting for the past couple years (on some occasions
even after being consulted personally in their homes the day or night
before).
The focus of the assembly
meeting changed to discuss the proposal that the attorney to be hired
be an attorney from Sensuntepeque, someone that
the community knows. A number of people spoke in support of this, including
Tomasa of the council. Apparently Salomé Asencio had proposed
this to the council.
Alfonso, feeling that he did not have the authority on behalf of CoCoDA
to concede to this, agreed to get back with the council and the Land
Commission on this proposal. He also emphasized in his remarks that if
all work together we can do what needs to be done -- but it will depend
on all the beneficiaries and others involved working together.
FOLLOW-UP TO THE MAY 17 ASSEMBLY MEETING
Alfonso consulted with Ana Mercedes about the community's proposal,
and she said she could not work with the community if they distrusted
her, and that she would still be available to provide oversight of the
process to CoCoDA as things proceed with whomever the community chooses
to hire to do the legal work.
On June 18, 2002, Alfonso personally delivered a memo to the Valle Nuevo
council and Land Commission, which agrees that the community hire the
attorney to oversee the process, but with the following points of understanding:
A. Their attorney present a written assessment of the work to be done,
with a detailed budget for what it will cost -- so that the council and
the land commission can make a decision based on solid information (Ana
Mercedes provided this).
B. That Salome Asencio and Cleofas Villalobos participate on the Land
Commission, and the council also participate on the Land Commission.
C. That a work plan be agreed to that lays out tasks, responsibilities,
calendar with goal dates for completing major tasks, and a budget for
this final phase of the project. This work plan will be the base of understanding
for CoCoDA, the council
and land commission, and the attorney.
D. To clarify the criteria used to purge the list of beneficiary families
and to validate the list with a general assembly of the community, to
ensure there won't be problems down the road.
In July, 2002, the Valle Nuevo Council proposed to CoCoDA and partners
in the project to extend the scope of the re-titling of the Picacho property
to cover all community held lands in Valle Nuevo, to allow for a more
practical long-term resolution to property ownership for all the families
and the community. After consultations with principal partners in the
project (Reba Place Church, Plow Creek Fellowship and Dumbarton United
Methodist Church Inter-America Committee), the following was our reply
to the council about their proposal:
1- How many different properties would be parceled? What is the history
of these properties, in whose name(s) are they presently titled, and
where are the titles?
2- With whom have you been working on land titling issues until now?
How have those experiences been? What lessons have been learned?
3- There are various organizations in El Salvador with experience and
technical capacity to manage a project projects relating to land tenure.
ADES and REDES are two that CoCoDA knows and we have confidence, based
on experience, in their work. But it is necessary that the community
of Valle Nuevo have confidence and work in a spirit of cooperation with
whatever organization that works with you and CoCoDA on this titling
phase of the project. Who do you propose to do the technical, administrative
and legal work for the parceling and titling of the land?
4- What contributions would the community of Valle Nuevo make to the
project? Who in Valle Nuevo would be responsible on behalf of the community
for implementation of the project? How does the community council intend
to consult the community about these proposed changes for how to handle
the parceling and titling of the Picacho land, since it was the community
assembly that decided to parcel and raffle lots among the list of beneficiaries? |