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Caracas, Saturday October 08 , 2005  
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Private property under fire


* The land recovery committee in central Cojedes state, headed by governor Johnny Yánez, found last weekend that only 14,000 hectares out of 54,000 hectares comprising Paraima ranch -located in the municipalities of Pao de San Juan Bautista and Tinaco- are currently productive.

* Consequently, officials with the National Land Institute (INTI), the Agriculture and Land Ministry, and the Agrarian Solicitor's Office on October 2 seized the estate to enforce a cautionary action intended to secure 30,000 hectares. This plot of land is to be used to develop the so-called Paraima Town, the governor's office said in a press release.

* The ranch -owned by the Branger family- comprises 54,000 hectares. Some 30,000 hectares had been declared idle and wasteland of the nation. These 30,000 hectares were seized by agricultural cooperatives. Other 24,000 hectares were under scrutiny by authorities, and now the land recovery committee found that only 14,000 hectares are currently productive and are to remain in the hands of the Branger family.

* Members of the committee said they are willing to negotiate a fair solution with the Brangers. Meanwhile, agricultural cooperatives in the ranch are undertaking plans to create the Paraima Town, the first model of agriculture development core ever in Venezuela.
 
* Jaime Pérez Branger, a representative of Paraima ranch, rejected claims that only 14,000 hectares are productive in the estate.

* Pérez Branger added that "officials of the Cojedes state governor's office, INTI and the National Armed Force (FAN) seized the ranch. I have made efforts to contact the governor's office for an explanation."

* He added that Paraima ranch is an example of collective property -a concept trumpeted by the government of President Hugo Chávez. The estate is owned and exploited by 30 families comprising an association.

* Jaime Pérez Branger, one of the 30 owners of Paraima ranch, in central Cojedes state, informed that they expect to meet Monday with the National Land Institute to get information on the status of the estate, which was taken over on September 30.

* He reminded that Paraima is the only ranch in Venezuela that produces certified pasture seeds, "which not only is beneficial for national cattle-raisers, but it also contributes to reduce imports."

* Pérez Branger, one of the owners of Paraima ranch, denounced that a group of squatters claiming to belong to 15 cooperatives is stationed at the entrance of the estate preventing to get in or out.

* The alleged peasants say that they will not leave until they receive the lands of Paraima ranch, in central western Cojedes state.

* Pérez Branger said the group of people prevented him from entering the estate this morning and even blocked a truck that brought water for the cattle.

* He ensured that the ranch owners have shown the deeds of these lands several times. Pérez Branger also explained that the ranch is producing at full capacity and is a community property where more than 30 families reside.

* Justice Luis Velásquez Alvaray, a member of the Constitutional Court of the Supreme Tribunal of Justice (TSJ), on October 3 explained to the board of directors of the Venezuelan Federation of Chambers of Commerce (Fedecámaras) all the changes being implemented in the judiciary power. He reassured businesspeople that should "any violations against private property under the constitution and the laws" be detected, "we are ready to intervene."

* The executive director of the Judiciary Steering Committee made reference to the situation facing interim judges and to judicial cities. Nevertheless, faced with concerns regarding interventions and seizures of plots of lands and industries, Velásquez Alvaray told Fedecámaras directors that "TSJ is willing to work together with all sectors in the country to enforce the constitution and the provisions thereof in accordance with the relevant procedures, in a way that people may trust the judiciary."

* Velásquez Alvaray, a former parliamentarian for ruling party MVR, stressed that the top court "is working hard not to have a judiciary like the one we have had to put up with so far, that is a politicized, partisan judiciary that is not autonomous."
   
* He told reporters that "if there is any action violating the constitution and the laws, there are procedures and institutions to handle all claims, just the way it is in any democratic State. We ensure due process for all claims filed. TSJ is the guarantor of all institutions in the country, including private property matters and the procedures that have to be followed when deemed necessary for the State and society."

* José Luis Betancourt, president of Fedecámaras, rejected claims by President Hugo Chávez that cattle-raisers and paramilitary were similar. On October 2, Chávez said during his weekly radio and TV show that "over there (south Lake Maracaibo), a cattle-raiser said they were going to defend themselves by creating a block -please note the expression they are using "a block," this is very similar to the expression the paramilitary use."

* The special agrarian committee of the legislature in northern-central Aragua state headed by Henry Cabrera announced on October 3 the completion of the first stage in the "war against large estate," where about 50,000 hectares will fall into state hands.

* The property to be reviewed includes farms owned by Cardinal Rosalio Castillo Lara and the Vollmer and Branger families.

* The parliamentarian noted that based on a technical assessment conducted by the special agrarian committee, nearly 50,000 hectares will be declared for public use, as a preliminary step for seizure by the local government.

* Plots of land will be granted to cooperatives and members of the missions under the regime of collective property, Cabrera said. "Particular cases of large estate have been found in Aragua. In some cases, expropriation has not taken place, but recovery of lands."

* He made reference to the plots of land property of the Vollmer family. "Three thousand hectares were recovered already and an additional amount of 1,000 hectares that were non operational will be recovered." The official explained that the Vollmer failed to attest to ownership of some plots of land.

* Army troopers on October 3 reopened access to La Vaca ranch, thus lifting a blockade caused by a group of squatters in the estate, located in central Guárico state, said José Solórzano, one of the owners of the property.

* Solórzano explained that two other owners of the ranch are to meet with Vice-President José Vicente Rangel.

* According to Solórzano, squatters are "demonstrating because the National Land Institute made a promise it has not met, namely, VEB 1 billion for each one and 400 hectares of land for exploitation."

* He added that all documentation showing ownership of the ranch "is in order." The tenancy of the ranch has "a tradition exceeding 150 years. We are currently 16 legal owners."

* La Vaca ranch is owned by a group of lawyers and journalists, among others.
Solórzano said he did not expect to reach any deal during their meeting with Rangel, but the acknowledgement of their rights over the estate.

* Genaro Méndez, president of the Venezuelan Federation of Cattle-raisers (Fedenaga), ensured that President Hugo Chávez "has poor information," as they do not intend to "set the country in fire," but to let their members know the legal steps to be taken to rebut government moves to seize agricultural plots of land.

* Méndez said Fedenaga had convened a meeting on October 4 in Santa Bárbara del Zulia, northwestern Zulia state, rather than a national mobilization. This meeting is "a call for the unity of this sector, as we need unity to face violations against the constitution and the laws. We are to apprise cattle-raisers of the actions we are filing in courts."
 
* On October 2, during his weekly radio and TV show, Chávez asked Interior and Justice Minister Jesse Chacón to "conduct an investigation, as some media have reported that Zulia governor (Manuel Rosales) is calling cattle-raisers to stage a demonstration. Now they are planning a march. Over there (south Lake Maracaibo), a cattle-raiser said they were going to defend themselves by creating a block -please note the expression they are using, "a block," this is very similar to the expression the paramilitary use."

* "If this is the way cattle-raisers are to take, then they will have to face the consequences. We are going to take hard measures as required in these cases. We are not going to let them set the country in fire again," Chávez added.

* "We are not planning violent actions. In fact, we have conducted public, open moves that have been disclosed in the media (...) There is not conspiracy, but some people have their own demons."

* Next week, Méndez said, Fedenaga is to start legal actions against confiscations and expropriations. First, they are going to request annulment of the Land Law, articles 85 and 86. The Supreme Tribunal of Justice had already rendered null and void these articles, but the National Assembly reactivated these provisions when it amended the Land Law this year.

* According to Ombudsman Germán Mundaraín, Venezuela has executed international agreements ensuring right to private property. However, it is neither sacred nor absolute, in the face of restrictions such as seizure.

* However, ranchers are entitled to file complaints for making land takeover null and void, Mundaraín told official news agency ABN.

* "What they cannot do is to use a microphone and lie to the country, cheat public opinion and cause such an uproar and make Venezuelans think that their little houses on the beach will be taken over or a room in their houses will be occupied, as Mr. (opposition leader) Antonio Ledezma said."

* In his view, the right to property is out of danger, but governors are empowered to seize plots of land.

* President Hugo Chávez ensured that a deal he reached with Carlos Azpúrua, legal representative of La Marqueseña ranch, an estate authorities have partially expropriated in south-western Barinas state, has helped him to design his so-called "Cha-Az method" (for Chávez-Azpúrua).

* Chávez said "all landowners in Venezuela should adopt this method, as we are going to knock on their doors anyway."

* According to Chávez, current landowners should prepare their proposals and submit them to the government in order to stay in a portion of their ranches and develop productive projects, even though they do not own the plot of land. The government is to use the rest of the estate for agriculture plans.

* "This is the Cha-Az method. Anyway, we are going to knock on the door of any person who does not follow this method. Then, it is better to win time and avoid expenses," he added.

* "We do not intend to fight with anyone. We want to reach agreements peacefully as brothers, because the land belongs to all."

* Richard Vivas, president of the National Land Institute (INTI), informed that the agency has plans to seize other 20 ranches nationwide by the end of the year.

* He claimed that so far, his office has intervened and declared idle 17 ranches nationwide, but there is another group of estates that are going to be seized in the next few weeks.

* "We have surveyed 317 ranches, and out of this group 17 have been declared idle and intervened."

* He clarified that according to INTI figures there are five million hectares in large estates in Venezuela, and INTI has created a record for 3.6 million hectares so far.

* Vivas invited people owning idle plots of land that have been declared idle by the agency to appear at INTI offices and hold talks with the relevant authorities.

* Regarding the situation of La Vergareña ranch, Vivas explained that INTI is "holding talks with the representatives of the ranch. There is a number of tenants over 10 hectares, and there is also an indigenous community. We have talked to the Benacerraf family and have scheduled new meetings to make the relevant decisions."

* Genaro Méndez, president of the Venezuelan Cattle-raiser Federation (Fedenaga), said he is going to observe the so-called Cha-Az method for re-allotment of ranches if such a mechanism is set forth under the Land Law, the agrarian law, and the constitution.

* The Cha-Az method (named this way by President Hugo Chávez after himself and Carlos Azpúrua, legal representative of La Marqueseña ranch) involves government-landowner talks intended to assign allegedly idle plots of land to the government for production purposes, while tenants are allowed to stay in a portion of the ranch.

* Chávez has proposed cattle-raisers to hold talks based on the Cha-Az scheme, under which Azpúrua is to retain 1,500 hectares out of more than 8,000 hectares comprising La Marqueseña.

* Méndez said, "We are not going to do anything illegal. I do not know it (the Cha-Az method) in deep, but we are going to assess it and then Fedenaga is to make a statement before the country."

* The silos of Barinas I, property of Alimentos Polar, restarted reception of corn raw materials after coming to a standstill for more than one month due to takeover of the facilities at the end of August encouraged by Minister of Agriculture and Lands Antonio Albarrán.
 
* "Renewed reception of corn from today is the best evidence of the operation capacity at Barinas I. We noted it from the very beginning of the seizure at the end of August and was ratified by national and local authorities who were personally present at the facilities," Ibrahim Torres, the corporate national agricultural manager, said.

* "Before ordering seizure, the silos were ready to receive the grain. Unfortunately, they were shut down for 35 days. This coincided with the peak time for harvest and small and medium-sized farmers in the region were mainly damaged."

* He explained that farmers in Barinas state were forced to incur additional expenses related to charter because they had to carry the grain to silos in neighboring states. However, he clarified that the situation was overcome with renewed works.

* "Alimentos Polar undertaking before small and medium-sized producers will continue being a reinforced policy of alliances, as it has been the case so far."

* Venezuelan agricultural producers rejected the idea of negotiating the right to private property under government conditions.

* In the face of President Hugo Chávez' proposal to negotiate ownership of ranches the Venezuelan Land Institute (INTI) has seized so far or plans to take over in the near future, Gustavo Moreno, president of the Federation of Agricultural Producers (Fedeagro), said ownership has to be defended in court.

*Chávez invited landowners, agricultural producers, and cattle-raisers to adopt the same method he implemented to negotiate with the legal representative of La Marqueseña ranch, Carlos Azpúrua, re-allotment of the estate, seized by INTI.

* "We are open to dialogue, but in the face of violations to the law we are going to resort to court. Negotiation and the conditions thereof are another thing, because some people are standing up, others are sitting down, and others are on their knees," Moreno argued.

* Fedeagro head insisted that even the Land Law has been infringed. "It has been infringed and neglected through arbitrary moves that run counter the laws. Legal steps provided for under the law have been disregarded when performing land interventions."
Moreno added that authorities should comply with effective regulations.

* "Private property is provided for under the constitution, and it cannot be a relative concept that works for some people and not for others."

* He stressed he requested a hearing at the Constitutional Court of the Supreme Tribunal of Justice (TSJ) to demand an explanation on the legal grounds supporting government moves to seize plots of lands. "It is also necessary that the Supreme Tribunal of Justice enforces its rulings and the laws, not only regarding the Land Law, but also violations to other laws" such as the law governing marketing of agricultural products.

* Moreno showed concern about the situation in western-central Yaracuy state, where a number of ranches have invaded and plundered.

* Richard Vivas, president of INTI, insisted that "Cha-Az method" is the right path to negotiate ownership of agricultural plots of lands.
 
* He added that they intend to hold talks and negotiations with people who own idle lands or large estates, always in accordance with the Land Law.

* Following a hearing related to a counterclaim for revocation of agrarian deeds at the Supreme Tribunal of Justice (TSJ), Edgar Núñez, the attorney of Venezuelan Ranchers' Association (Fedenaga), is certain that a decision will be issued next December.

* Agrarian deeds grant temporary title to occupy plots of land pending legislation by the Congress for actual entitlement.

* "It has been an extremely democratic event, with full participation. Justices and judicial representatives of the Republic did a great work," the lawyer said.

* Ranchers were "highly optimistic" and look forward to a favorable decision. According to them, agrarian deeds run counter to the democratic concept and the rule of law.

* The National Land Institute (INTI) and authorities of Torres Municipality in northwestern Lara state "recovered" 2,800 hectares comprising Las Pavas ranch.
Torres municipality mayor Julio Chávez told official news agency ABN that the relevant inspections were conducted and notices were delivered earlier this year.

"Since the alleged owners did not produce legal documentation certifying ownership, we started an administrative procedure to recover this public origin plots of land," he argued.
He reminded that in this ranch two peasants were injured two months ago, and the Attorney General's Office is conducting investigations.

* According to the official, 13 cooperatives of Vuelvan Caras mission are to operate in the "recovered" plots of land. The government is to grant USD 931 million to foster agricultural development projects in Las Pavas, where an endogenous development core named Pedro León Torres and comprising some 600 people is to be created.

* Meanwhile, Oscar Ferrer Carrasco, representative of Las Pavas ranch, claimed that some 200 people took over his estate on October 6.

* He said that military troopers then seized the ranch, but he does not have information on an order issued by INTI.

* Ferrer told local news TV channel Globovisión that he purchased the 2,000-hectare ranch two years ago, and has been exploiting the estate ever since then.

* Further, INTI is to determine whether 7,000-hectare La Ciénaga ranch and 2,000 hectare Las Yaguas ranch, also in Lara state, are large estates, according to the director of the INTI chapter in Lara state Pedro Moreno.

* Other ranches pending for inspection are El Milagro, La Capaya, Tamayare and El Paraíso, located along the Lara state-Zulia state highway.

* Agriculture and Land Minister Antonio Albarrán said Venezuelans have to accept the collective character of the use of lands, but warned that "if we keep an individualist and capitalist approach we are not going to understand this."

* He urged banks granting loans for agriculture to forget "the mental scheme of individual (use of lands). No! It is collective."

* Albarrán said that land seizure and subsequent delivery to cooperatives for exploitation ensures government legal protection for peasants.




 
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