* The latest moves the government of President Hugo Chávez
and some regional administrations have made regarding seizure
of plots of lands and industrial facilities are creating paranoia.
* In this context, the National Assembly has passed the Organic
Law on Planning and Management of Territorial Order. Experts
have assessed this instrument positively, as it systematizes
regulations in this field. They have questioned, however,
some innovations under this law regarding private property
of urban plots of land.
* Enrique Sánchez, an environmental law professor at
the Central University of Venezuela, pointed out that provisions
under the new instrument underscore the public function of
urban properties.
* "It is opening the door for enforcement of the Expropriation
Law. Now, expropriation decrees would not require much foundation,
as the relevant activity or estate is of public use or social
interest under the law. This is to pave the way for interventions
in any activity or seizure of any estate. This law makes little
reference to rural. Apparently, it targets urban territory,
broadly defined. This law could be enforced in connection
with many settlements, edifications and even neighborhoods
that are not exactly urban. Land occupations could take place
everywhere, even in areas that are out of the scope of the
Land Law."
* Even though he believes that the new law is to facilitate
expropriations, especially in urban areas, Sánchez asserted
that it is clear that any move is valid only upon publication
of the relevant rules for use.
* Dolores Aguerrevere, an expert in urban law and urban legislation
with the Andrés Bello Catholic University and the Metropolitan
University, showed concern regarding urban development. She
believes that the new law is to multiply government checkpoints
and subordination to government agencies regarding construction
permits.
* Concerning the new regime of private property under the
urban territorial order, Aguerrevere found that there is a
"relaxation" of expropriation procedures. She claims that
the relevant authorities (which are not clearly defined) could
change the purpose of the activity or estate to be confiscated.
* She warned, however, that such a relaxation of the basic
principles of expropriations also involves a relaxation of
the warranties under the Constitution for individuals to use
and enjoy their properties.
* "But not to the point that people may fear that they their
apartments will be confiscated, or that some people are going
to occupy one room in our houses. Many people are seeing ghosts
here. I think that under this law such things are not possible."
* A group of Coca-Cola ex workers are to propose takeover
of facilities in central Carabobo state as the company refused
to honor severance payment, the official news agency ABN reported
on October 9, as quoted by AP.
* Local deputy José Chirinos, who, according to the
agency is the ex-workers' speaker, announced that the proposal
would be submitted to 4,000 individuals directly affected
in a meeting late this month, with the participation of National
Assembly (AN) members.
* "Coca-Cola Panamco, based on an illicit trick, called minor
stockholders those thousand workers to prevent fulfillment
of liabilities," Chirinos said.
* Corporate authorities were not readily available.
* Former staff, most of them drivers and cargo aides working
with the company for more than 25 years, reportedly did not
receive severance payment.
* Chirinos pointed out that the workers went to the AN, and
praised the appointment of a committee headed by pro-government
deputy Iris Varela to enquiry into this case.
* Coca-Cola has 34 distribution centers and four plants in
Venezuela.
* Venezuelan Industries Confederation (Conindustria) president
Eduardo Gómez Sigala said he expected a meeting scheduled
for October 25th between domestic producers and President
Hugo Chávez paves the way for a dialogue on productivity
and private property.
* "Foundations should be laid; dialogue should be constructive,
bear fruit. It should not be a dialogue as before, which did
not produce any results. We expect that the sector statements
can be heard," Gómez Sigala declared.
* The leader explained that the issues to be tackled are
related to productiveness, government interference in industries,
and private property.
* "The Venezuelan productive sector relies on private property,
on freedom of action. In this regard, the private sector has
a very specific approach. I think that the Venezuelan society
backs the proposal on private property as a value and a fundamental
right set forth in the constitution. All of us are ready to
defend such right."
* In his opinion, the government has the chance of listening
the sector concerns about obstacles to production. "All the
parties should listen to each other as part of this dialogue."
* Rogelio Peña, owner of Santa Rita ranch, said a decision
of the Supreme Tribunal of Justice (TSJ) providing for the
eviction of plots of land that were invaded in such estate,
"is not a technicality."
* "If Richard Vivas (president of INTI, the Land Institute)
believes so, then he is in contempt and infringing the Constitution."
* Peña described as a "clear challenge to TSJ and the
Constitution" Vivas' claims that INTI is to abide by the TSJ
ruling, but the official did not rule out the possibility
that squatters (members of cooperative Brisas del Masparro)
leave the estate one day and come back the next day with new
agrarian permits.
* "Not only this questions respect for the right of common
citizens, but for the authority of the top court," said Peña.
* Peña added he was to file an action asking the Constitutional
Court of TSJ to instruct Attorney General Isaías Rodríguez
to enforce the ruling of TSJ dated November 4, 2003.
* On October 8, INTI president ensured that cooperatives
operating in Santa Rita ranch are conducting productive activities
and therefore they are going to be protected by this government
agency.
* José Tapia Coirán, a member of Brisas del Masparro
cooperative said: "We are not squatters. These plots of land
were idle and we are exploiting them."
* The National Assembly (AN) okayed granting of USD 10.2
million to establish the Florentino Productive Genetic Center.
Funding will be used for the first stage of the project to
be implemented by the Venezuelan Agrarian Corporation (CVA.)
* The genetic center will be located inside La Marqueseña,
President Hugo Chávez reported during his TV and radio
show "Hello, President!" last September 25th.
* According to a report submitted by the Ministry of Agriculture
and Lands to AN, the genetic center will receive a total amount
of USD 23 million in a three-year term. Funding the first
year will cover staff and operational expenses, roads improvement,
and genetic enhancement, including purchase of cattle, machinery
and equipment, and building of herd facilities. Additionally,
the money will be used to produce certified seeds and agriculture
for human consumption.
* "The genetic center will ensure both national and local
agro-alimentary production plans. In this way, domestic agro-alimentary
security will be provided, a total of 1,691 direct jobs and
3,382 indirect jobs will be created, and milk will be supplied
to these community centers," the report stated.
* For the purposes of the first outlay, the government will
use the funding from additional resources resulting from the
interest accrued on trust investment at the Ministry of Finance.
The company shareholders' equity amounts to USD 350,000, provided
by the Agrarian Corporation.
* During the TV and radio show aired from La Marqueseña,
President Chávez explained that the lands would be split
to implement a number of agricultural projects, including
Florentino Genetic Center.
* As stated by the ruler, the so-called Cha-Az method was
agreed, based on which he and Carlos Azpúrua, the "alleged
owner" of La Marqueseña agreed to allocate an area of
2,900 hectares to the genetic center.
* The ruler has repeated that if the lands of La Marqueseña
prove to be private, ownership will be observed. However,
it appears that the government is planning already the establishment
of the genetic center, even though no court ruling has been
issued yet.
* The National Lands Institute (INTI) started issuing writs
of prevention for a number of ranches located in western Cojedes
and Apure states. The list includes El Charcote, La Milagrosa,
Los Cocos and San Pablo Paeño, INTI legal counsel Pablo
Mendoza told local radio station Tiempo de Zamora.
* Mendoza clarified that the cautionary measures were conferred
already in the cases of ranches Jobito, La Bendición
Ramera, Paraima, La Marqueseña and Borges.
* The INTI representative urged again all ranchers to occur
before the organization, submit their deeds and pave the way
for dialogue in order to overcome the issue of large estate
in Venezuela.
* "We intend to gather all ranchers in order to increase
production. Estate owners are welcome; we would like them
to take part in these plans."
* Carlos Azpúrua, the representative of La Marqueseña
ranch, expects that in the event of a court decision favoring
seizure of the property, the procedure shall take place within
the legal framework.
* Azpúrua told Unión Radio that discussions continue
with the government concerning ownership.
* The rancher refrained from talking about a decision made
by the National Assembly (AN) to grant USD 10.2 million for
the establishment of Florentino Productive Genetic Center.
As stated by President Hugo Chávez last September 25th,
the center will work inside La Marqueseña.
* "They should follow relevant legal procedures. I believe
in laws and hope that the government will observe them," Azpúrua
replied.
* Ranchers in western Zulia state called all members to a
new meeting in order to discuss impending takeover of ranches
in South Lake Maracaibo.
* The Venezuelan National Ranchers' Association (Fedenaga)
invited ranchers and farmers to a general meeting at the headquarters
of the Ranchers' Union, Perijá municipality, Zulia state.
* "Alleged accounting" by the National Lands Institute of
213,000 hectares at risk of seizure will be top in the agenda.
* Fedenaga representatives have stressed that any changes
in terms of land ownership should be both under the Law on
Lands and Agrarian Development and the Venezuelan constitution.
* For his part, western Cojedes state Governor Johnny Yánez
announced steps to hold a nationwide meeting with farmers
and ranchers members of the Confederation of Farmers and Livestock
Producers (Confagan,) with the participation of representatives
from the Ministry of Agriculture and Lands and the National
Lands Institute.
* The meeting would be held to discuss and assess the scope
of the Lands Law and current actions against large estate,
the governor explained.
* Legal representatives of Empresas Polar holding filed an
action with the Constitutional Court, Supreme Tribunal of
Justice (TSJ), seeking annulment of both a move by the Legislative
Council of Barinas state declaring "public use" of the firm's
corn processing plant in Barinas (Promabasa), and a decree
issued by the local government ordering expropriation of the
premises.
* Empresa Polar lawyers described actions against Promabasa
as "unprecedented," as "they are trying to take forcefully
a working asset."
* Guillermo Bolinaga, legal advisor of Empresas Polar, the
largest Venezuelan industrial holding, said they argued in
their legal action that the corporation has been denied enjoyment
of the right to private property.
* "This is an unprecedented, arbitrary situation in Venezuelan
history, as they are trying to take forcefully a working asset
that creates jobs and welfare," he said.
* Bolinaga added: "Since October 5, we have received over
5 million tons of moist corn, and we are delivering 34,000
daily kilos of finished products. In Barinas plant, there
are 100 Venezuelans, mostly from Barinas, working amid uncertainty."
* The Constitutional Court has not even made a decision on
a previous cautionary action Empresas Polar filed last September
4th seeking reversion of Promabasa takeover by the Agriculture
and Land Ministry and military troops. Bolinaga, however,
said he expected a prompt ruling.
* "We do not have knowledge of any premises that have been
expropriated while fully operational. Therefore, we know we
are right and that sooner or later we shall get an answer.
I believe TSJ is to make a decision when it deems it appropriate,
given the implications this case has regarding respect for
private property and economic freedoms," said Empresas Polar
legal counsel.
* Bolinaga once again rebutted claims by spokespersons for
the regional and national governments that the plant was idle
or non-productive. "Silos are working."
* Even though he conceded that corn flour and corn oil are
no longer manufactured in this plant -as such operations were
moved to two other Empresas Polar premises-, Bolinaga reminded
that industrial reconversion of Promabasa was duly notified
to authorities in 2002.
* "Today we produce more precooked corn flour that we did
in 2002, and our installed capacity is larger," he stressed.
The legal counsel reminded that Empresas Polar is the biggest
private employer in Barinas state.
* Finally, he rejected claims that Empresas Polar has a monopoly,
as some officials have argued. "The government has the capacity
to dictate regulations regarding free competence. Besides,
there are several firms in this country working in the field
of (corn) flour and oil."
* The Land Institute (INTI) has confiscated seven ranches
located in five municipalities of south-western Táchira
state, claiming the estates were wasteland and "allegedly
public plots of land."
* Walter Becerra, regional director of INTI, said "the ranches
were declared idle and non-productive plots of land, and alleged
owners or holders failed to file any suit."
* According to Becerra, this action "was made under the Land
Law. Seven administrative procedures were completed for each
one of the seven ranches. The owners of the ranches did not
even challenge the procedures, and in some cases they conceded
that the estates were not productive."
* He explained that two ranches are located in San Cristóbal,
the capital of Táchira state, while there are other two
in Ayacucho municipality, one in Junín municipality and
two in Pedro María Ureña municipality. Some 700
hectares will be re-apportioned and handed over to peasants
willing to exploit the land.
* The ranches confiscated are 1.5-hectare Pedraza, 4-hectare
Campo Alegre, 400-hectare Mi Delirio, 150-hectare Rancho Rojo,
5-hectare La Trinidad, 26-hectare Agua Linda, and 98-hectare
El Paraíso.
* In addition to these seven estates, other 21 ranches have
been taken over by National Guard troops amid investigations
on money laundering.
