9
well as between those illegal armed groups and the Venezuelan army.14 The State has said that it is aware of
the activities of Colombian paramilitaries and hired killers in the area, for which reason it has strengthened
security measures through increased police and military vigilance in the border zones adjoining the
Colombian State.15 Specifically, over the last nine years two new Theaters of Military Operations were
established in Apure and Zulia.16
1.2
Land claim movements and the agrarian reform process in Venezuela
46.
The Land and Agrarian Development Law came into force in Venezuela on November 13,
2001. Its aim is “a fair distribution of wealth and a democratic and participatory system of strategic planning
of land ownership and development in all agrarian activity.” 17 To implement the above law the government
issued Decree 2.292 which provided that
[…] Those autonomous institutes, State-owned enterprises, and any other persons and in which the
aforementioned entities have a share of more than 50% of the capital stock, and State foundations,
shall transfer to the National Land Institute title of those lands in their possession that are not
necessary for the accomplishment of their purposes and which have agricultural potential.
To that end, the government authorized the National Land Institute (INTI) to expedite the procedures
[…] for placing said lands, as well as those under its ownership, in the possession of the organized
campesino communities spread throughout the national territory.
The National Land Institute shall proceed to publish Agrarian Maps which shall certify those
campesino groups that express their will to organize for productive purposes and to proceed,
forthwith, to cultivate and develop said lands.18
47.
According to PROVEA, in November 2002 the INTI, in the framework of the land distribution
process, took control of purportedly publicly owned lands that were in private hands. The organization
indicated that in “the State of Zulia 20 properties were appropriated after INTI officials conducted technical
and land records studies and determined that the persons who claimed to own them did not have title over
them.”19 In that context, a number of violent land occupations occurred that heightened tensions between
owners’ associations and peasants.20
14
El Mundo, editions of March 12, 2003, and March 18, 2003, in Petitioners’ brief on merits received at the IACHR on July
15
Note AGEV/000080 from the Ministry of Foreign Affairs of the Bolivarian Republic of Venezuela, January 21, 2008, p. 5.
16
Note AGEV/000080 from the Ministry of Foreign Affairs of the Bolivarian Republic of Venezuela, January 21, 2008, p.
13, 2007.
13.
17
Explanatory Statement of the Land and Agrarian Development Law. Petitioners’ brief on merits received at the IACHR
on July 13, 2007.
18
Article 1 of Decree 2.292 on Transfer of Title to the INTI of Lands of the State, State Entities, and State-owned
Enterprises
that
are
not
necessary
for
the
operations
thereof.
Available
at
http://www.inti.gob.ve/index.php?option=com_content&task=view&id=25&Itemid=35.
19
Programa Venezolano de Educación – Acción en Derechos Humanos (PROVEA). Annual Report October 2002 September 2003. Available at http://www.derechos.org.ve/proveaweb/wp-content/uploads/03_derecho_a_la_tierra.pdf.
20
Alleged by the petitioners in their brief on merits received at the IACHR on July 13, 2007. Not contested by the State.
In its Annual Report October 2002 - September 2003 PROVEA said, "While it is true that the number of forcible occupations has not
been significant and does not fundamentally affect the right to property of those who possess large or medium-sized tracts of land,
he few that have occurred have increased the tensions that have existed for years because of the inequitable distribution of land.
Furthermore, the associations that represent the cattle ranchers and landowners accused the national government of encouraging
land occupations and using the Armed Forces to back the invaders. [...] For his part, in the state of Zulia, Luis Elías Martínez, Vice
President of the Machiques Cattle Ranchers Association, said ‘We are not going to let them take the land from us like the Barinas
producers […]. They will have to kill us first, one by one, because we are going to unite and are prepared to defend, with arms if
need be, what our grandfathers built in the greatest hardship and adversity more than 100 years ago.” Programa Venezolano de
Educación – Acción en Derechos Humanos (PROVEA). Annual Report October 2002 - September 2003. Available at
http://www.derechos.org.ve/proveaweb/wp-content/uploads/03_derecho_al_asilo_y_al_refugio.pdf.