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Caracas, Saturday September 24 , 2005  
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Chávez continues to fight large estates


* Following a meeting between the National Lands Institute (INTI) and the owners of ranch La Marqueseña, located in southwestern Barinas state, on September 18, INTI demanded the "material" surrender of the estate.

* Carlos Azpúrua, owner of the ranch, said in a telephone interview that he was "kidnapped," as once he left the estate, the military troopers that have occupied La Marqueseña would prevent him from coming back in.

* "I am isolated. They would not let my lawyer in," he added.

* "The president of INTI, Richard Vivas, ordered me to deliver the estate. I am not going to do so, as that would amount to acknowledge that I am not the owner."

* "Vivas told me to surrender the ranch. Otherwise, they are going to confiscate the estate anyway tomorrow (Monday). I am not going to do that, because they have not started the relevant legal actions. I am subject to abuse by the Army, while my rights have been violated."

* Azpúrua added he produced documents showing he owns La Marqueseña. "This is a private property. We own it since 1949. He (Vivas) told me they had instruments showing otherwise."

* Relatives of Carlos Azpúrua, the owner of farm "La Marqueseña," claimed on September 19 that he was in solitary confinement by military officers who did not allow access to the property.
 
* "They do not let the staff work. They are violating the agreements reached last weekend with army officers during deployment in the farm. They do not let nearby small farmers to carry milk in the tanks. The milk will be spoiled," María Josefina de Azpúrua, the landowner's wife told TV news channel Globovisión.

* According to the lady, military officers behaved "aggressively" and she feared clashes with the workers waiting to come into the farm.

* The military officers apparently asked workers to walk away and fail to understand that an agreement was reached with a public prosecutor to continue production of milk and corn, she explained.

* She repeated that the farm is property of the Azpúruas since 1939 and that the deed was submitted to the National Lands Institute (INTI) in southern-western Barinas state.

* Major General Luis Enrique Henríquez, the commander of Fort Tavacare, on September 19 rebutted charges of workers and owners of "La Marqueseña" ranch being kidnapped or prohibited to leave the farm, as stated by María Josefina Altuve, the landowner's wife.
 
* The high officer supplied this information following a meeting with Barinas governor Hugo de los Reyes Chávez; National Lands Institute (INTI) president Richard Vivas, and INTI director general Edur Machado, the official news agency ABN reported.

* Based on an investigation conducted by the National Lands Institute (INTI,) "La Marqueseña" ranch is not private property, lands are misused, it is a large estate and there is evidence of exploitation of about 350 workers living in conditions "unfit for human beings," INTI president Antonio Vivas reasserted on September 19.

* "The media and oligarch representatives took ownership of these lands by virtue of their power. There is a file dating back to 1964 that will attest to it."

* "Most workers there lack social security or anything like that. There is need to claim their rights."

Silos at stake

* The situation in the silos of Polar company, located in southern-western Barinas state "was solved indeed", Minister of Agriculture and Lands Antonio Albarrán said on September 19.
 
 * "So far, there is no military occupation. It was never under military control. There is calm. People can rest assured," he stated.

* "Last Saturday, at 1:00 a.m., we managed to sign the agreements with Asoprai, the entity that rented the silos to Polar," the minister told Unión Radio.

* Richard Vivas, president of the National Lands Institute (INTI,) on September 20 insisted that the legal representatives of La Marqueseña ranch have to leave the estate.

* "In order to avoid a likely conflict with peasants or other people, it is necessary for them to leave, because they never lived there. They had their home in Barinas and in the center of the country. We have asked them to leave for security reasons and in order to comply with the administrative procedure undertaken by the INTI board. We have asked them to leave, but him (Carlos Azpúrua) would not listen."

* Vivas also denied claims that Army troopers were preventing the representatives and workers of La Marqueseña from entering or leaving the facilities.

* Meanwhile, Azpúrua asserted that the military troopers occupying the ranch on September 19 prevented workers from entering the estate, which is a violation of property and free transit rights.

* "My attorneys were not allowed in either, while the workers who live here were not allowed to leave," Azpúrua added.

* Meanwhile, parliamentarian Jesús Garrido claimed that he showed up at La Marqueseña and verified that troopers denied access to the estate.

* Major General Luis Enrique Henríquez, the commander of Fort Tavacare, rebutted charges of workers and "alleged owners" of "La Marqueseña" ranch being kidnapped or prohibited to leave the farm.
 
* Vivas stressed that the deeds Azpúrua has produced do not indicate that the plot of land is a private property, while Azpúrua has rebutted Vivas' claims.

* Heinz legal representatives and regional authorities in Monagas state met to reach an agreement concerning the status of the tomato processing plant the firm owns in the region and that was seized by local authorities.

* Governor José Gregorio Briceño previously declared that he expected to contact Heinz in order to know the proposals from the firm.

* Briceño stopped a legal action he was filing in connection with Heinz facilities until the corporation presents a plan for the reactivation of the tomato processing plant.

* He hoped to reach a friendly agreement to resume operations and boost employment in the region. However, in the event that Heinz proposal did not meet a series of requirements, the regional government was to undertake all legal steps for expropriation.

* Briceño has claimed new confiscations of non-operative plants would be implemented soon, but he would not indicate the corporations.

* Silos belonging to Alimentos Polar corporation in Promabasa, southwestern Barinas state, were still occupied on September 19 by Army troopers and some 15 former workers, said representatives of the firm on September 20.

* Parliamentarian Jesús Garrido Pérez, vice-president of the National Assembly committee specially designated to address this case, said that they were waiting for associate producers to appear at the site in order to lift the military seizure and have the former workers removed from the plant's entrance door.

* Garrido Pérez said that full access was allowed on September 19 for local producers.

* Polar officers have still to define the fate of the corn flour and oil plant of Promabasa.

* Garrido Pérez urged Barinas governor Hugo de Los Reyes Chávez (President Hugo Chávez' father) and the Agriculture and Lands Minister Antonio Albarrán to unveil their plans regarding these facilities owned by Polar.

* Alimentos Polar legal advisor Guillermo Bolinaga said they expected a solution would be reached soon to resume storage of corn, which has been halted for more than two weeks.

* Venezuelan President Hugo Chávez on September 20 stressed that "it is not an abuse" to expropriate farms or industrial plants currently idle, thus endorsing the moves the Agriculture and Lands Minister Antonio Albarrán has been conducting in the last few weeks.

* Further, the ruler urged governors and mayors to monitor idle urban lands and proceed to confiscation in order to build houses.

* "An abuse is businesspeople abandoning their facilities. They have closed down operations and taken their money away. They have failed to pay their workers. They have debts and are taking the country to the fringe of bankruptcy. This is actually an abuse against the Constitution, the law and the Venezuelan people," Chávez asserted.

* He stressed that governors and mayors would have the capacity to ask the owners of such lands for information about their use. "If they do not have any projects, then the Constitution should be enforced."

* He added that his government is to pay for expropriated properties "the amounts it can pay, not what they want to be paid."

* Finally, Chávez rebutted charges that the state is the major landowner in Venezuela. He pointed out that in the past the nation's lands were invaded and turned into large estates.

* Chávez' weekly radio and TV show "Hello, President!" will be broadcast from an 8,000-hectare ranch recently seized by the government, the Venezuelan ruler vowed.

A decision ratified
* On September 20, Minister Albarrán ratified decree 706, dated January 14, 1975, based on which La Marqueseña ranch was declared wasteland.

* In this, way the farm is to continue under government control until the Azpúrua family gives away the land claimed by Chávez' administration. Such plots of lands will be apportioned under agrarian deeds.

* According to Albarrán, only 500 out of 8,000 hectares in La Marqueseña are productive. He rejected claims by the farm owner, Carlos Azpúrua, who said that military troopers imposed a siege on the ranch and the workers.

* Albarrán stressed that the process of expropriation is to move forward in La Marqueseña, and in other six farms, including La Bendición Ramera (27,273 hectares), Jobito (14,904 hectares), San Paulo Paeño (30,580 hectares), Los Cocos (56,616 hectares), Barrera (3,731 hectares) and La Vaca (33,333 hectares), for a total of 174,987 hectares.

* According to Albarrán 1,541 households would benefit from expropriation of these ranches.

Recovery
* Richard Vivas, president of the National Lands Institute (INTI), on September 21 informed that approximately 80 families are to benefit from the "recovery" of La Marqueseña ranch, as well as 60 people currently working in the farm.

* He added that even the Azpúrua family, owners of the estate, could be apportioned some hectares under agrarian permits.

* Antonio Albarrán, Agriculture and Lands Minister, had previously stated that President Hugo Chávez' administration would "donate" some 500-1,000 hectares to the Azpúruas.

* Vivas added that the Agriculture and Lands Ministry is to prepare production plans to be implemented in the estate. Subsequently, the holders of agrarian permits will be granted loans.

* "We are pondering the situation of all the people that were outraged -those who are on the borders of La Marqueseña and San Fernando, and inhabitants of Peñalarga. They are living in very poor conditions. You can often find even four families in a mud shack. We have recorded 350 people, in 80 families. They are going to be the beneficiaries of the project," Vivas explained.

* Regarding La Marqueseña current productive status, the INTI head said they have allowed all scheduled activities to continue. Vivas clarified that even though they urged Carlos Azpúrua, the ranch owner, to leave the farm, they are now to let the producer finish harvest and move cattle to other estate.

* Vivas said they are to continue holding meetings with the Azpúruas. Also, he claimed he did not have any knowledge that President Hugo Chávez' weekly radio and TV show "Hello, President!" would be broadcast next Sunday from La Marqueseña. He added, however, that he was ready to make all preparations for the program, if necessary.
 
Irregularities
* Meanwhile, Carlos Azpúrua insisted that the farm is at a standstill. Harvest has been halted, as the military troopers occupying the ranch have prevented them from operating the relevant machinery.

* "INTI representatives met with workers, not with me. I know they reached some agreements, but I do not know any details. Some workers were allowed to return to their houses, and some children were allowed to go to school, but my lawyer, Yadira Lugo, could see me for only 10 minutes."

* Concerning INTI plans to grant him an agrarian permit for some hectares of La Marqueseña, Azpúrua declared: "They better comply with the law. An action has to be filed in court, as provided by the laws."

* He added that broadcasting "Hello, President!" from La Marqueseña would be a great opportunity for Chávez to verify the productive status of the ranch.

* Guillermo Bolinaga, director of the Legal and Regulatory Affairs, Polar Industries, said that Promabasa silos in southwestern Barinas state were resuming activities on September 22, following a three-week seizure by local authorities and Army troopers that halted operations.

* Sources said that troopers were removed from the gates of the plants.

* "We told them that full return to normality in Barinas was only possible once they acknowledged that the site was operational and ordered cessation of military custody. Both demands were met, as the Agriculture and Lands Minister (Antonio Albarrán) and the National Assembly committee (designated to assess this case) acknowledged that the facility was operational, and military custody was lifted."

* Richard Vivas, president of the National Lands Institute (INTI), said the Azpúrua family, owners of La Marqueseña ranch, has already been apprised of the so-called "recovery" of the estate, which has been under custody by local authorities in southwestern Barinas state.

* "The term for them to exercise their right to defense expires on Wednesday (September 28)," Vivas added, explaining that authorities are to outline the new structure of the ranch.

* Regarding the deeds the Azpúruas have produced so far, the official claimed "there is not one single document showing that this is a private property."

* Genaro Méndez, the president of the National Ranchers' Federation (Fedenaga), announced on September 22 that the organization has declared "state of alarm" and will escalate actions for "reestablishment of rights to freedom, nourishment, free movement and, first of all, private property, due to recent violations to several producers and ranchers in some states."

* Fedenaga held a meeting with 50 leaders of agricultural and cattle-raising organizations from 14 Venezuelan states to discuss "recovery" of some ranches and farms by the National Lands Institute (INTI). They found that the government was violating the right to freedom and free movement, "as some families cannot leave their farms."

* Also, they believe that the Venezuelan people right to nourishment and right to work of producers and workers at farms and ranches have been violated "through the actions concerning arbitrary closing of some production sites by INTI."

* But, "first of all, the right to private property has been violated," Méndez stated.

* The higher agrarian court in southwestern Barinas state dismissed an appeal the lawyer of the Azpúrua family, owner of La Marqueseña ranch, filed seeking reversion of the moves the National Land Institute (INTI) and the National Armed Force have made to take over and confine the estate.

* Miguel Ángel Lugo, lawyer of La Marqueseña ranch, explained on September 22 that he was going to seek annulment of this ruling before the Supreme Tribunal of Justice within the next three days.
 
* "The court turned a blind eye to what is happening at the ranch. Workers there are prohibited to come in or out. Carlos Azpúrua (owner of the estate) cannot leave either, as they would not let him back in. Many rights have been violated in this case, and we are going to file an appeal with the Supreme Tribunal of Justice," Lugo added.
 
* "I should stress that my lawyers were not allowed in the ranch," Azpúrua declared.

Deadline
* Richard Vivas, president of the National Land Institute (INTI), told a TV show that "the deadline for them (the Azpúrua family) to exercise their right to defense expires" next Wednesday (September 28).
 
* Lugo asserted that this is the deadline the Azpúruas have to submit to INTI the land titles showing their ownership, thus proving that La Marqueseña is a private property rather than wasteland.

* "These documents attesting to the tradition of the ranch, and showing that this is private property, were already delivered to INTI, both regionally and in Caracas," Lugo said.

* He clarified that in the event that INTI, following review of such documents, formally and ex officio declares La Marqueseña is wasteland, and then the Azpúruas would have 60 days to exercise their right to defense.

* Further, the lawyer explained that regarding an action intended to declare La Marqueseña idle, the Azpúruas have 40 days to exercise their right to defense.

* "Anyway, I have to say that these plots of land are fully productive, despite statements otherwise."

* President Hugo Chávez on September 22 invited "large estate holders to negotiate land holding."

* When presenting the results of Vuelvan Caras employment plan, the Venezuelan ruler ensured that his government does not "want to despoil anyone." The measures only intend to redistribute the land in order to favor the have-nots. "Let us negotiate," he insisted, local Unión Radio reported.

* Nevertheless, Chávez warned that anyone who opposes this process would be prosecuted to the full extent of the law. He made a call to land owners to reach an agreement. "We are reaching out to you. If you have 20,000 hectares, a house, animals... I don't want to take anything from you. Even though you have no right on the estate, we are willing to let you own a part of it legally."

* Meanwhile, unofficial sources said that early on September 22 members of Chávez' military house arrived in La Marqueseña ranch. The Venezuelan ruler has reportedly plans to broadcast his weekly radio and TV show "Hello, President!" from this estate, recently taken over by regional authorities and the National Land Institute (INTI).

* The regional legislative council in southwestern Barinas state on September 23 urged Governor Hugo de los Reyes Chávez to declare company Promabasa "for public use" for subsequent seizure and allocation to a group of ex workers, under a co-management scheme.

* The legislature approved unanimously the proposal during a special session dealing with seizure as the single item in the agenda.

* Deputies Jesús Graterol and Marcos López -the members of an ad-hoc committee appointed by the National Assembly (AN)- and representatives of the town council, farmers, and several members of the Venezuelan National Ranchers' Confederation backed the group of 80 ex workers led by Juan Guzmán, Alvaro Gámez and Simón Laguna.

* Laguna explained that the initiative comes from ex Probamasa employees, who maintain that commissioning is possible under co-management. "We rely on the experience provided by the Venezuelan Paper Industry (Invepal) and the Venezuelan Valves Industry (Inveval.) They were declared as company for public use and seized by the Venezuelan state. Subsequently, they were allocated to cooperatives that operate them according to co-management principles."

* "The government should seize that company property of Polar Group," he added.

* Operations in silos on the premises of company Probamasa and subsequent corn output failed to start on September 22, a press release issued by Polar company stated.

* It seems that transfer of corn from the production site to silos needs a document called "bill of movement."

* Producers requested the bill from the local chapter of the Ministry of Agriculture and Lands (MAT) in southwestern Barinas state could be granted soon.

* Following the issuance of the instrument, members of Italven Producers' Association (Asoprai) could take the corn crops to the silos rented to Polar.

* On August 30th, a group of Promabasa ex workers deployed in the silos along with a group of army officers, and prevented reception of corn.

* After several days of stoppage, it was agreed that Asoprai would hire seven Promabasa ex workers. Then, Minister of Agriculture and Lands Antonio Albarrán reported that as of September 19th, corn was to be received at Probamasa.

* On his part, Polar legal counsel Guillermo Bolinaga stated, "we noted that operations would be back to normal following acknowledgment of their operational status and withdrawal of troops. In this regard, I can say that both goals were met."

* National Guard officers on September 23 took possession and control of six estates to the south of Andean Táchira state, presumed to be property of rebel groups or drug-traffic related organizations.

* According to army sources, the estates are located under the jurisdiction of Libertador and Córdoba municipalities. Military forces deployed in the plots of land following a decision made by control eighth justice Jorge Ochoa Arroyave.

* Affected estates include La Rosareña, located in Santa Ana, Córdoba municipality; Villa Consuelo, located in San Joaquín de Navay, Libertador municipality; El Palmichal, Agropecuaria Los Abuelos and Agropecuaria Manzanares de Navay, located in El Milagro, Libertador minicipality.

* Another estate, named La Esperanza, located in the sector of Los Mangos, Andrés Eloy Blanco municipality, southwestern Barinas state, was also occupied.

* Authorities presume that the estates operate as front companies, used for money laundering from drug traffic.

* A total of four interventions were completed on September 23, including three estates and a dairy manufacture for alleged links with money laundering from drug traffic.
 
* Affected estates are La Cañada Avileña and Las Tres Marías, both of them in southwestern Apure state, and Loma Linda, in Andean Táchira state.

* The dairy manufacture is located in San Cristóbal municipality, Táchira state.

* The official responsible for the action is General Jaime Escalante, the head of the National Guard regional command No. 1, as instructed by the control trial court.

* Such move is additional to the interventions on September 22, following a decision made by control eighth justice Jorge Ochoa Arroyave.




 
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