ISU Urges Balance Between Enforcement and Humanity in Addressing Informal Settlements

As government efforts continue to curb the expansion of unplanned and illegal settlements, the Informal Settlements Unit (ISU) says enforcement must be carefully balanced with compassion to avoid worsening homelessness on Providenciales.

That message was underscored by Strategic Lead of the ISU, Justice Carlos Simons, during the Annual ISU Media Meeting held last week at The Shore Club Resort on Providenciales. Simons stressed that while the Unit’s mandate is to address illegal occupation of land, authorities must remain mindful of the human realities facing those living in informal settlements.

Justice Carlos Simons

“We have to be mindful that there are persons, families, children, sometimes elderly and other vulnerable people living in these structures,” Simons told members of the media. “We have to be careful not to make the housing situation worse than it already is.”

According to Simons, indiscriminate demolition of occupied structures could have serious social consequences, particularly in communities such as Providenciales where affordable housing options are limited. He noted that although residents of informal settlements may be occupying land illegally, removing the structures they live in without suitable alternatives would leave many homeless and further strain the island’s already pressured housing situation.

“To demolish the structures that they are living in would make them homeless,” he said. “And that would just aggravate the housing situation in Providenciales. It would not be in the interest of the communities to begin making people homeless.”

Simons emphasized that the ISU must also consider the concerns of organizations such as the Human Rights Commission and the Red Cross, both of which have an interest in ensuring that individuals living in informal settlements are treated humanely.

“We have to have a mind to that interest,” he said, adding that enforcement cannot be divorced from humanitarian considerations.

Central to the ISU’s approach is a Crown Lands policy that restricts the removal of structures that are already completed and occupied. Under this policy, once a structure is fulfilled and inhabited, it generally cannot be removed unless and until the government has considered the availability of alternative accommodation for those living there.

“This is a legal thing,” Simons explained. “It cannot be removed unless the government has considered the ability for alternative accommodation.”

He acknowledged, however, that the policy has contributed to the continued growth of informal settlements, as occupants are increasingly aware that once a structure is occupied, it is less likely to be demolished.

He clarified that the ISU is not supposed to remove people from occupied structures if they have no accommodation to go to, particularly in areas where vulnerable individuals, including children and the elderly, are present. While children and vulnerable persons are often cited as examples, Simons stressed that the policy applies broadly.

“The policy is that where a structure is fulfilled and occupied, it will not be removed,” he said. “That is the way the Crown Lands approach.”

During enforcement exercises, the ISU works in collaboration with several agencies, including the Border Force. Simons said that when officers encounter individuals who have no legal status or “no stakes” in the country, those persons are handed over to Border Force for processing and possible repatriation.

Reflecting on past operations, Simons said he has personally witnessed numerous demolition exercises. He highlighted a recent clearance operation on privately owned land, where the ISU assisted in removing more than 100 illegal structures across two parcels.

“Some of them were quite substantial,” he said.

He explained that private landowners are legally entitled to take a more aggressive approach because the law fully supports their right to remove illegal occupants and structures from their property.

“The only thing standing between the private landowner and the illegal occupant is the law, and the law is on the private landowner’s side,” Simons said. “Whether it’s a hut or a palace, the private landowner is able to remove it.”

In contrast, on Crown land, restrictions apply once structures are occupied. However, unoccupied or partially constructed structures, particularly those at or below ground level, are routinely removed by the ISU as part of ongoing enforcement efforts.

As the challenge of informal settlements continues to evolve, Simons said the ISU remains committed to enforcing the law while acknowledging the need for empathy and restraint.