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No room at the Park

By Ruwanthi Herat Gunaratne
Borella's brand new Pavement Park was opened last month. But there's one snag. The shops are empty.

During the last government, plans were made to clear Borella's crowded pavements of the many hawkers who sell a motley array of goods on the street at bargain prices. The hawkers were to be moved to a new place from where they could sell their wares. Thus Pavement Park, located on Baseline Road close to the junction, was born. When initial work was completed in 2001, five deeds were handed over to five hawkers as a gesture of good faith.

In 2003 the scenario changed. Pavement Park is complete. There is round the clock security and a cleaning service too. But the hawkers are missing.

What's going on? "We haven't been granted any space in Pavement Park," say the hawkers, many of whom have been there on the Borella pavements for over twenty years. "We were ousted from the pavement last Thursday (May 29) but not given any alternate place. There are over 200 street hawkers in and around the Borella junction and not one has been granted space at Pavement Park."

The following Monday they were back on the pavement. "We had no option," they say in one voice. "This is our livelihood. So far we have not been chased out again."

But though they're doing business as usual, the hawkers are in despair. "We are willing to move only if we are provided some other place to sell our goods," they lament.

The People's Alliance Colombo West District Organiser MP Bharatha Lakshman explains that the proposal to evict pavement hawkers from the streets of Colombo and all major cities within the country was mooted in 1997. "At the time I managed to successfully speak for the street hawkers in Borella and the idea was abandoned." At the same time the hawkers formed the Borella Eksath Padika Welandunge Subha Sadaka Samithiya (The Borella United Street Vendors Association) to fight for their rights.

"We were able to reach an agreement with the then Minister of Housing, Construction and Urban Development Mangala Samaraweera that we needed a place from where the hawkers could operate. That was how Pavement Park came about," the MP explained. He adds that at the same time the Minister was also requested to refurbish the neighbouring "Kele Market".

"In October 2001 we had an opening ceremony and presented five deeds to pavement hawkers as a gesture of goodwill. The allocation of the booths at Pavement Park was to take place at the time according to a list that had been submitted by the Borella Eksath Padika Welandunge Subha Sadaka Samithiya."

But according to both the MP and the hawkers the people who now will benefit from Pavement Park are those who have never been a part of the Borella pavements. "We are a classic example," says one disgruntled hawker. "We have been here for 20 years even when the garbage dump was present. If they evict us, we will lose our livelihood. We have no other place to go."

The stalls at Pavement Park are given out on a monthly rental. "We are prepared to pay. But until we are granted some relief we will continue to come back to the pavements however many times they evict us."

Nearly all the street vendors echo this sentiment. Ratnapala has been selling his wares on the pavement for the past 22 years. He was one of the lucky few who received deeds in 2001. Yet every morning sees him back on the streets. What of the certificate? "It was cancelled," he says warily.

S. M. Nizar, another hawker has given up hope. “It's funny how one rule applies to us and another rule applies to the others. The Lotteries Board vendors who usually stand alongside us were never asked to go. If the authorities are unable to grant them space they should be permitted to simply ‘stay where we are,’” he says. "We don't take up much room."

Pavement Park is inadequate, he points out. "It's only a 4'X4' shop space. A man can barely sit inside." Yet other hawkers were willing to overlook these shortcomings.

A similar situation has arisen at the ‘Kele’ Market where the newly refurbished stalls have not been allocated to the previous occupiers. "Those who have been granted space are already employed and have no use for the space. They will rent out the stalls at exorbitant rates, which we can't afford. As a result there will be no vendors at either place," one hawker said.

The few vendors who opened up shop at Pavement Park last month failed to attract any business. "Those who did open up are new to the system and found it very difficult. That is why Pavement Park is now abandoned," said another hawker.

Who is at fault?

Who is responsible for this situation?
The Director General of the Urban Development Authority, Mr. K. V. Dharmasiri is quick to rule out the UDA. "It was on the initiative of former Minister Mangala Samaraweera that this project took place," he says. “It was implemented in Colombo and in other outstation areas such as Nuwara Eliya."

On what basis was allocation to take place? The Project Steering Committee Meeting of the Western Region Development decided on the selection criteria for the allocation of shops in Pavement Park. Legal tenants of the CMC are entitled for relocation and other hawkers whose businesses were brought down due to demolition are also eligible.

"Various committees and unions provided us with information about the pavement hawkers. We also did some groundwork to see whose structure was demolished due to our project work. The Colombo Municipality too gave us information about those who held certificates from the Municipality authorising them to conduct their business on the pavement. It is on this basis that the selection was made."

Once the allocation list was published the UDA found itself being taken to court by street hawkers arguing that the selection criterion was unfair.

This resulted in an injunction being issued. The court case began in March 2002 and was resolved on January 30 this year in favour of the UDA.

The 79 stalls, which were constructed in the Pavement Park, were to be allocated to legitimate vendors who had been dispossessed from the stalls due to demolition of the unauthorised structures.

Mr. Dharmasiri adds that the certificates given to the five hawkers in 2001 were void. "According to Urban Development Authority Law, it is clear that any such certificate, award, alienation or grant has to be executed by the Chairman and the Director General with the seal of the authority. These deeds did not have the Minister's approval in terms of the provisions of 18(1) of the Urban Development Authority Law."

Why is Pavement Park empty?

"We hope to a see a gradual increase in interest in the park," says Mr. Dharmasiri.

“A proper entrance is needed. "The vendors have complained that they find it difficult to keep moving their items out on a daily basis, therefore a secure doorway is to be built. Once that is completed Pavement Park is sure to be in full swing. There are other plans also underway to establish a Management Committee of the Park with the help of the vendors.”

"The street vendors are accustomed to their usual haunts and are not willing to move into Pavement Park," says Mr. Dharmasiri.

"They are worried that they will lose their business. There are over 200 street vendors in Borella. It would be impossible to grant them all space in Pavement Park."

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