Identifier
Created
Classification
Origin
05CARACAS1441
2005-05-09 19:23:00
CONFIDENTIAL
Embassy Caracas
Cable title:  

LAND "REFORM" PLACES NATURE RESERVE IN JEOPARDY

Tags:  ECON PGOV SENV VE 
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091923Z May 05
C O N F I D E N T I A L CARACAS 001441 

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NSC FOR CBARTON
HQ SOUTHCOM ALSO FOR POLAD

E.O. 12958: DECL: 03/30/2015
TAGS: ECON PGOV SENV VE
SUBJECT: LAND "REFORM" PLACES NATURE RESERVE IN JEOPARDY

REF: CARACAS 1356

Classified By: ECONOMIC COUNSELOR RICHARD M. SANDERS FOR REASON 1.4 D

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Summary
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C O N F I D E N T I A L CARACAS 001441

SIPDIS


NSC FOR CBARTON
HQ SOUTHCOM ALSO FOR POLAD

E.O. 12958: DECL: 03/30/2015
TAGS: ECON PGOV SENV VE
SUBJECT: LAND "REFORM" PLACES NATURE RESERVE IN JEOPARDY

REF: CARACAS 1356

Classified By: ECONOMIC COUNSELOR RICHARD M. SANDERS FOR REASON 1.4 D

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Summary
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1.(U) The Venezuelan government's "land reform" project
threatens one of Venezuela's premiere wildlife refuges. Hato
Pinero, located in the "llanos" or plains region of
Venezuela's Cojedes state has a 50 year history of
conservation and has for decades served as Venezuela's best
example of sustainable development. Venezuela's National
Land Institute (INTI) under the leadership of Eliezer Otaiza
has launched a no-holds-barred attack on Pinero variously
accusing it of environmental crimes, slavery, and illegal
irrigation as well as claiming that the ranch is idle land
and land to which its owners have no legitimate title. The
Branger family, which owns Pinero, is fighting the action in
the courts. Observers worry about the environmental impact
of an eventual state seizure should the family lose its case.
Pinero contains hundreds of species of plants and animals,
several of which are threatened and many of which are found
nowhere else in the region. Environmentalists point to the
GOV's poor track record of land management on public lands
and worry that government action could cause irreversible
harm to a fragile ecosystem. End Summary.

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Hato Pinero
--------------


2. (SBU) Hato Pinero is a nature reserve and cattle ranch
located in Venezuela's central plains, known as the "llanos".
The ranch extends over 80,000 hectares of mountains,
wetlands, grasslands, and forest. Pinero, Venezuela's oldest
private nature reserve, began its conservation efforts in
1953 shortly after the Branger family purchased the land, and
started promoting itself as an eco-tourism destination in

1985. Pinero is home to over 500 animal species (including
several threatened feline and reptile species),850 plant
species (over 28% of the species found in Venezuela),a large
tract of virgin jungle, and a research center. In addition
to the nature reserve, which is visited by over 1500 tourists
and researchers annually, Pinero is a functioning ranch with
over 11,000 head of cattle.



3. (C) Pinero is the largest private reserve in Venezuela
according to Deborah Bigio, President of the Fundacion para
la Defensa de la Naturaleza (Fudena),a Venezuelan
environmental NGO which focuses on the llanos region and has
been particularly active in promoting private conservation
efforts. Bigio notes that Pinero is the crown jewel of
APRINATURA, a network of private reserves and refuges in
Venezuela that includes more than 37 ranches and has over
400,000 hectares under protection. A section of Pinero also
forms part of a jaguar habitat that was established jointly
by 20 ranchers in Cojedes.

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What is the GOV up to?
--------------


4. (SBU) Along with Hato Charcote (reftel),Hato Pinero has
been the focus of the GOV's public attacks on "latifundios"
or large rural estates. The GOV claims that the "alleged
owners" do not have clear title to the land, and that the
land is not being used productively. The GOV -- which itself
is the largest holder of idle lands in the country -- claims
that it plans to seize idle lands and turn them over to
peasants for farming. This has exacerbated the problem of
illegal squatters on a number of ranches (which the GOV has
been loathe to confront) and has encouraged more squatters to
stake their claims in anticipation of a seizure. Pinero,
unlike other Branger-owned ranches and the Charcote ranch
(owned by the British Vestey company),has not faced a
squatter problem.


5. (C) According to Jaime Perez Branger, President of
Agropecuaria San Francisco (the Branger family holding
company for its agricultural interests including Pinero),the
GOV does not communicate with his company directly, but
instead has chosen to speak through the press. In a
newspaper interview in early April, Eliezer Otaiza, head of

Venezuela's National Land Institute (INTI) claimed that
though Pinero charges in dollars for tourism it "provides no
benefits (to its employees) and pays no taxes". (Note: It
was in this interview that he exhorted Venezuelans to "learn
to hate the gringos" in anticipation of a coming military
conflict with the U.S.) He also accused Pinero of egregious
environmental damage, but gave as his only concrete example
an allegation that the ranch cut down trees to make corrals.
Pinero has also been publicly accused by the government of
treating their employees as "slaves" and of diverting rivers
for their own use.

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Land "Reform"
--------------


6. (U) The attack on Pinero is part of the government's
well-publicized war on "latifundios" and "oligarchs."
Venezuelan President Hugo Chavez has called for the seizure
of these "latifundios" for redistribution to the poor.
Unlike previous Venezuelan land reform efforts, the Chavez
scheme does not give the poor title to the land, rather they
are be given "cartas agrarias" which only allows them to act
as tenant farmers as the land cannot be sold or mortgaged by
the farmer.


7. (U) Under the land reform law originally published in 2001
and updated in April of 2005, lands can be taken by the
government if the current "alleged owner" cannot prove
legitimate title for his holdings not only from the time of
purchase but also in an uninterrupted string back to before

1848. Many landowners do not have the capacity or ability to
comply with this requirement. Once a landowner has been
notified that his land is to be seized, he has a 60-day
period to appeal the INTI decision to the courts.


8. (C) Diego Diaz Martin, President of Vitalis -- Venezuela's
largest environmental NGO, points out that the government's
political agenda seems confused and inconsistent. Local, and
often national laws do not support the actions of INTI and
the government, but the issue's high profile could make
government retreat embarrassing. The government, says Diaz,
is making excuses after the fact to justify its actions.

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The Impact of a Seizure
--------------


9. (C) Environmentalists from Venezuela and around the world
are fearful of a GOV seizure of Pinero. As Venezuela's
oldest and highest profile private eco-tourism reserve, the
loss of Pinero could have far reaching effects. Vitalis'
Diaz says that while the extent is uncertain, the loss of
biodiversity could be enormous. Diaz also points out that
researchers from around the world have published over 500
papers on work done at Pinero, and the loss of Pinero would
be a major blow to the ecological and biological research
community. Fudena's Bigio is concerned that the entire
private conservation movement might be derailed by a seizure
of Pinero. She notes that private ranchers have made
significant investments and incurred significant opportunity
costs in setting up refuges and protected areas on their
lands, hoping that this would encourage the GOV to allow them
to keep their lands. Landowners would be extremely hesitant
to make such a commitment in the future.


10. (SBU) The government has suggested that it is best
equipped to manage the country's biological resources and
claim that the country's biodiversity is part of the
country's patrimony. According to INTI's Otaiza "no private
owner can manage biological and forest reserves for their own
benefit, exploiting as a tourist business this resource that
belongs to the whole country." Venezuela's environmental
NGOs do not share Otaiza's belief. The NGOs emphasize that
Inparques, Venezuela's National Parks management authority,
has a terrible record for managing lands. Illegal building,
mining, and hunting are perennial problems throughout the
country's national parks system.


11. (C) Venezuelan environmentalists repeatedly complain that
the state has never dedicated the resources or manpower to
effectively manage its national parks. As an example, they
point to Canaima National Park in the Gran Sabana which
covers an area of over one million hectares yet has only six
employees. Guatopo National Park, a fairly heavily used

park, located only 56 kilometers from Caracas covers over
120,000 hectares yet employs less than a dozen rangers. Diaz
points out that the Avila National Park, which lies between
Caracas and the Caribbean, is home to thousands of illegal
buildings, and the government has taken little action to
control further expansion on national lands. A GOV takeover
of Pinero, according to Fudena's Bigio, threatens one of
Venezuela's best opportunities for successful sustainable
development.

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View from the Ground
--------------


12. (C) Emboffs visited Hato Pinero in April 2005. During
the visit, Econoff did not observe any government officials
either on the periphery or inside the reserve. According to
Antonio Julio Hands Branger, the director of the Hato Pinero
Foundation, which oversees the conservation activities of
Hato Pinero, there have been several visits and surveys by
various GOV agencies during the last few months. In
mid-April, the Hato was visited by a team of 20 people drawn
from INTI, SENIAT (the Venezuelan tax authority),the
Ministry of the Environment and Natural Resources (MARN),and
Inparques. This group, according to Hands, was far more
concerned with trying to find problems with Pinero than in
understanding how the reserve was operated. According to
Hands, the group, which stayed at the reserve for 2 days, did
not contain a single scientist.


13. (C) Econoff was shown the areas of alleged environmental
"destruction," which amounted to small areas of earth
movement to facilitate road maintenance (of gravel/dirt
roads). Econoff also observed the dismantled irrigation
system adjoining the Cojedes River, which, according to
Hands, diverted only .004% of the water from the river.
According to Jaime Perez Branger, Pinero had a permit in
place for the irrigation system from 1999-2005, but the GOV
has not allowed them to renew the permit.


14. (C) Econoff also had the opportunity to speak freely and
privately with workers at the Hato, 85 percent of whom are
drawn from towns near the Hato. These employees, many of
whom have worked for decades at the Hato, told Econoff that
they were offended by the accusations leveled by the GOV and
pointed out that several families have multiple members and
multiple generations working at Pinero.


15. (C) Hands told Econoff of a visit by members of the
National Assembly's committee on the environment and natural
resources who visited the ranch after the first allegations
were publicized. Hands said the Assembly deputies --
including some pro-Chavez legislators -- left the ranch
convinced that the allegations were baseless. (Comment: This
account was also relayed to Econoff in conversations with
environmental NGOs. It should be noted, however, that the
power of a National Assembly committee is almost negligible.
End Comment.)


16. (C) Jaime Perez Branger, for his part, remains cautiously
hopeful. In a meeting with Econoff on May 2 -- even as INTI
inspectors were counting head of cattle at Pinero -- Perez
noted that the pace of INTI actions had slowed, which he took
as a positive sign that the government is becoming more
deliberative in its process. He said that he felt that the
evidence for the motions presented to the presiding judge was
strong.

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Comment
--------------


17. (C) The evolving history of GOV actions as part of its
"land redistribution" program doesn't give much reason to
believe that the GOV will not do what it has said it will.
The recent passage of the revised land law that reintroduces
provisions of the 2001 law that were struck down by the
Venezuelan Supreme Court, merely codifies a course of action
that is already taking place. Venezuela's environmental
groups are extremely pessimistic, and have developed no real
course of action. Environmental NGOs in Venezuela have
traditionally taken a non-political stance that is unlikely
to change in the current political climate of Venezuela.
Environmental causes in Venezuela do not have much of a
political constituency. MARN is weak and lacks both

resources and scientific expertise to accomplish much. The
owners of Pinero have been somewhat successful in appealing
for pressure on the GOV from international NGO's, scientists,
and academics, but it is unclear what if any impact this
might have. For now, the Branger family's best hope is to
battle the GOV to a draw in the current legal proceeding.
The GOV holds the power in this asymmetric war, and even a
short-term victory for Pinero this month may not mean much in
the long run.
Brownfield


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2005CARACA01441 - CONFIDENTIAL