ERNESTO J. TOVAR
EL UNIVERSAL
 
In 2001, the government issued the Decree on Lands and Agrarian Development, which "lays the foundations for comprehensible and sustainable rural development" of public and private lands with potential for agro-alimentary production. Then, the Enabling Law conferred powers upon President Hugo Chávez to rule by decree. Thus, the Lands Law was born.
 
In October 2004, almost three years following the enactment of said law, the ruler announced that after the local elections of October 31st, a war would be waged against large estate, where landowners should give a portion of their lands to the poor.

"He, who owns a large estate is beyond the law," President Chávez said and threatened to send security forces to "check the property" of those reluctant to give a portion of their lands.

The National Lands Institute (Inti) followed the President's order one month and a half later.  Christmas came along with a notice from Inti for landowners. The notice pointed to the need of requesting a certificate of productive farm in accordance with the Lands Law.

Requirements to get the paper included a survey on production of each plot of land; information on the owner's socio-economic status; a certified copy of deeds, and a certificate of enrollment in the agrarian registry.

Cojedes State was first
On December 16th, 2004, Governor Johnny Yánez Rangel, the governor of central-western Cojedes state, ordered takeover of "all urban, rural or potentially agricultural, public or private, lands that are presumably idle or part of a large estate, or in tenancy conflict or with distribution problems." The Zamoran decrees had arrived in the countryside.

The move affected initially 16 agricultural properties of companies or family groups. It also included "any plot of land set in the technical reports under this decree or to be defined."

Governor Yánez justified the actions. "They consolidate the revolutionary process, reinforce missions (social welfare programs,) transfer powers to the people and encourage land productiveness by means of capitalizing on natural resources."

Two new decrees from the Cojedes government delved into lands regularization. A technical committee was entrusted with the task of submitting for the consideration of the local government a final report on each case of large estate, always under the guidelines set by President Chávez, according to the decree of Yánez Rangel.

Priorities included preservation of the right of people affected by the decrees to defense and due process.

Farms on progress
Skepticism and uncertainty took hold of Venezuelan farmers. José Luis Betancourt, then president of the National Ranchers' Federation (Fedenaga), voiced agreement with the regulations to be implemented, provided that they should be under the Constitution.

As stated by Betancourt, a phone call made by Governor Johnny Yánez had reassured him about farmers' safety.

The move of government authorities astounded farmers. "There is surprise. Farms seized are in full production. This decree is a legal outrage that affects even an emblematic farm such as Piñero, a worldwide renowned reservoir of wild life," landowner Asdrúbal Hernández regretted.

Jaime Pérez Branger, the head of San Francisco Stockbreeding -owner of Piñero farm- declared that his lawyers contacted the Cojedes government to define the scope of the action. "We do not understand it. It took us by surprise," Branger noted.
 
Nationwide wave
The initial step in Cojedes state was replicated soon throughout the nation. After a meeting in San Carlos, the capital city of Cojedes state, nine governors and nine representatives of local governments resolved to "give unrestricted support to the initiatives of Governor Johnny Yánez."

They invoked "the need for finding alternative dispute settlement mechanisms with a view to enforcing the Decree on Lands and Agrarian Development." Now, governors empowered themselves to deal with the issue of land apportionment.

Decree from Miraflores presidential palace
While farmers filed at the courthouses complaints to make null and void the "Zamoran decrees," for being considered unconstitutional, a decree emerged from the central government headquarters institutionalizing seizure for reorganization, tenancy and use of potentially agricultural lands.
 
Decree Number 3,408, dated January 10th, 2005, established the National Agricultural Commission, to be headed by Minister of Agriculture and Lands Antonio Albarrán. The commission included also Yaracuy Governor Carlos Jiménez; Cojedes Governor Johnny Yánez; Monagas Governor José Gregorio Briceño; Apure Goveror Jesús Aguilar; Inti President Eliézer Otaiza (replaced by Richard Vivas); Army Commander Julio Quintero Viloria; then Environment Minister Ana Elisa Osorio; Solicitor General Marisol Plaza, and President's Legal Counsel René Duerto Gómez.

This came along with re-launching of the Zamora Mission "Lands and Free Men." The governors of 17 Venezuelan states executed local decrees to reorganize potentially agricultural lands. President Chávez himself asked the National Commission to check "up to the farthest corner." "The armed forces will back with all their resources to deploy civilian-military camps anywhere."

Only two days after the decree, by following the President's order in an unusually efficient way, Cojedes authorities seized eight farms covering approximately 50,000 hectares. Piñero farm was taken later.

This was the beginning of a process that has not finished yet and many more actions are still expected.
 
Translated by Conchita Delgado