Land occupation and self-construction of houses are the most common ways through which disadvantaged populations solve their access to housing in developing countries. These practices are usually designated as “informal” and “illegal” by the State, the civil society, and the media. Based on the emic concept of “legal land takeover”, I will propose a broader comprehension of these processes, where formality / informality, and legality / illegality, are not dichotomies but articulated mechanisms in which the urban space is built in the cities of the Global South.
Southern urbanism has vastly argued that mainstream urban theories, originating from the Global North, have been largely regarded as universal and placeless, while cities from the “south” have historically been viewed more as testimony than theory (Bahn, 2019). According to Bahn (2019), “the urbanism of these cities has been read, described and understood largely in terms of theory built elsewhere” (p. 641). This text takes on the challenge of thinking from these places, and not just about them (Bahn, 2019). Or as Caldeira puts it, “thinking with an accent”: “to create urban theories that can account for modes of urbanization whose logic is different from that of the industrial cities of the North” (Caldeira, 2017, p. 4).
“Legal land takeover” sounds like an oxymoron, as “takeover”, “occupation” or “invasion” are the terms that have been used to describe the illegal takeover of land by low-income dwellers and their organizations and social movements. These processes produce “informal” or “irregular” spaces where the low-income groups live and build their “habitat” (Janoschka, 2016).
Informality is not just a technique or objective characteristic of poor neighborhoods or settlements (in terms of the lack of property titles or the incorrect use concerning land use prescriptions), but –in many cases- it is also a mechanism used by the State to legitimate the eviction of these settlers in the name of the protection of private property rights. As a relational (Pasquetti and Picker, 2017) or procedural category (Müller, 2017), informality is not a “static fact” or a “marker of the urban poor’s form of urbanization”, but rather an effect of power relations and class struggle (Müller, 2017, p. 498).
However, as my research on irregular settlements and housing policies in Argentina seeks to show, the State also intervenes in many cases enabling negotiation with the dwellers and their organizations to resolve the housing conflict. In doing so, the State recognizes and even institutionalizes the occupation as an action that, although not legal, is legitimized.
According to Michael Janoschka (2016), displacement refers not only to the involuntary movement of people, but also to the social and spatial injustice that affects their legitimate right to the city; especially regarding their right to the enjoyment of the benefits of centrality. Forced displacement of vulnerable populations has been a critical urban process in Latin America (Janoschka, 2016), but not all displacement processes are the same or have the same features. In Argentina, some neoliberal governments have had an expulsion or eviction policy without offering any alternative to the displaced populations. In other periods, these displacements have taken place while providing the displaced populations with alternative destinations.
In the case of Las Quintas, the inhabitants who had to be displaced from their neighborhood to develop the hydraulic work would be transferred to new houses that the State would build for them in another sector of the periphery.
The role of (in)formality in the production of the city
The low-income habitat is built through daily practices that involve conflicts, negotiations and agreements between inhabitants, social organizations and the State in the local territory. In this process, land occupation and self-construction of housing become practices endorsed – although not publicly – by State officials to respond to demands that cannot be met through “formal” channels.
According to Ayşe Buğra (1998), irregular settlements play an important role in developing countries as a spontaneous solution to the problem of low-income housing. However, in this process, the State actively shapes the informal housing sector. These irregular patterns of access to urban land become an institutionalized redistributive practice.
What can this case tell us about informality and the role of the State? Informality is a concept that emerged from the analysis of urbanizations in Latin America in the 20th century and is typically thought of as an essential characteristic of these cities, and what supposedly differentiates them from the modern and formal cities of Europe or North America (Segura, 2021). For Caldeira (2017), the notion of informality implies a dualist reasoning that must be set aside in the analysis of cities and its inequalities, as peripheries usually do not only unsettle official logics -those of legal property or state regulation for example- but they operate with them in transversal engagements.
My purpose in this brief reflection was to comprehend the urban, problematizing these binary categories, modern-traditional, developed-underdeveloped, formal-informal, by showing that formality and informality, legality and illegality, are articulated mechanisms throughout which the city is produced. So “informality” is not the exclusive characteristic of the self-built habitat of the urban poor in Latin America. Instead formality/informality –as an articulated concept- is rather the more general way in which the State produces the city.
According to Ananya Roy (2009), “First World” urban and metropolitan theory is curiously mute on the subject of informality, perhaps because it is thought of as an intrinsic feature of “Third World” cities, as a sphere of deregulation, an activity outside the scope of the State. But “informality”, as this case shows, does not imply the absence of the State. The State produces informality: it assigns and sets a differentiated value to spaces, determining what is and what is not informal, and in many cases the State itself operates in an informal manner. Roy also argues that informality is not a traditional or pre-capitalist aftertaste. It is a form of capitalist production of space. It is not limited to marginal spaces or low-income habitats; it is also a mechanism used by private urban enterprises. We can see this in the many cases of land grabbing by private investors for economic purposes (agriculture, real estate market).
I believe this empirical case in a small neighbourhood in La Plata can broaden our comprehension of the modalities in which the State produces the city. The State is not a monolithic actor, it is embodied in people who interact with others in specific settings, and who make decisions within certain circumstances. And its actions are not always or necessarily unidirectional or top-down; there are margins for resistance, negotiation, or re-appropriation.
Roy recognizes that Latin American researchers are generally interested in attending how the urban poor demand and appropriate adequate urban space and livelihoods, thus challenging the unequal conditions of citizenship that have been established in the Latin American city. In the same direction, Janoshcka argues that incorporating the concept of ‘habitat’ into the displacement dynamics allows us to further explore the spatial (re)appropriation led by low-income people and the subsequent construction of “territories in resistance”.
So the broad concept of formality/informality can also be thought of as a mechanism deployed by the urban poor to access land and housing in their struggle for the right to the city. In other words, it allows us not only to pluralize our approach to the State but also to attend to the strategies and knowledge that the urban poor deploy to influence the construction of their habitat in a situation of dispossession.
[1] Autoconstruction is the main form in which habitat is built in the peripheries. As Caldeira (2017) has clearly put it, in peripheral urbanization, urban dwellers become agents of urbanization, they built their houses and neighbourgoods in long term process, in conditions of precariousness and poverty, but also continously improving their habitat. This process generates unequal and heterogeneous cities.
[2] In terms of fear of crime.