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Comments adopted by the CEACR: Venezuela (Bolivarian Republic of)

Adopted by the CEACR in 2021

C001 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

C022 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.
Articles 3–14 of the Convention. Articles of agreement. In its previous comments, the Committee requested the Government to adopt the necessary measures as soon as possible to give full effect to the provisions of the Convention. In this regard, the Committee notes that, in its report, the Government refers once again to the Basic Act on labour and men and women workers (LOTTT) of 30 April 2012, of which Title IV relating to special conditions of employment includes a special section on work in maritime, river and lake navigation. The Committee also notes the Government’s reference to section 205 of the LOTTT, in accordance with which the matters not covered by Title IV shall be governed by the other provisions of the Act. In this regard, the Government states that section 59 of the LOTTT, which specifies the content of written employment contracts, demonstrates compliance with Article 6 of the Convention. The Committee observes, however, that neither Title IV nor the other provisions of the LOTTT (including section 59 of the LOTTT) require that the articles of agreement clearly state the rights and obligations of both parties and contain essential particulars such as: the name of the vessel on board which the seafarer undertakes to serve; the voyage to be undertaken, if this can be determined at the time of making the agreement; the scale of provisions to be supplied to the seafarer; the termination of the agreement (including, if the agreement has been made for a voyage, the port of destination and the time which has to expire after arrival before the seafarer shall be discharged); and the annual leave with pay. The Committee also notes the Government’s indication that the fact that, where there is no written employment contract, the inclusion of the worker on the crew list of the vessel or the mere provision of services shall suffice (section 246 of the LOTTT), implies protection and recognition of the employment relationships of seafarers. However, the Committee recalls once again that Article 3(1) of the Convention provides that the articles of agreement shall be drawn up in writing and signed both by the shipowner and by the seafarer.
In its previous comment, the Committee, observing that section 267 of the LOTTT provides that the regulations that govern the employment relationships of workers in maritime, river or lake transport shall be established in a special law, requested the Government to provide information on the adoption of this law. In this regard, the Committee observes that, while the Government indicates that the aim of moving forward with the adoption of the special law was reiterated during round tables held throughout 2021, the law has still not been adopted. In light of the above considerations, the Committee notes with regret that the national legislation still does not give full effect to the provisions of the Convention, and once again urges the Government to adopt without delay the necessary measures in this regard.
The Committee recalls that, within the framework of the Standards Review Mechanism, the ILO Governing Body, upon the recommendation of the Special Tripartite Committee of the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Convention No. 22 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed on the agenda of the 118th Session (2030) of the International Labour Conference an item for the abrogation of Convention No. 22, and requested the Office to launch an initiative to promote ratification on a priority basis of the MLC, 2006, by States still bound by Convention No. 22. The Committees therefore encourages the Government to consider the possibility of ratifying the MLC, 2006, and reminds it of the possibility of having recourse to ILO technical assistance.

C026 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues related to the application of ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos. 26 (minimum wage) and 95 (protection of wages) together.
The Committee takes note of the observations of the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) on the application of the Convention No. 26, received on 1 September 2021. The Committee also takes note of the joint observations regarding Convention No. 26 of the Federation of University Teachers’ Associations of Venezuela (FAPUV), the Federation of Higher Education Workers in Venezuela (FETRAESUV), the National Federation of Administrative Professionals and Technicians of the Universities of Venezuela (FENASIPRUV), the National Federation of Labour Unions of Higher Education Workers in Venezuela (FENASOESV) and the Unfederated Unions of University Workers, received on 7 and 19 July 2021. The Committee also notes the joint observations of the Confederation of Workers of Venezuela (CTV), the Independent Trade Union Alliance Confederation of Workers (CTASI), the Federation of University Teachers’ Associations of Venezuela (FAPUV) regarding Conventions Nos 26 and 95, received on 30 August 2021. The Committee further notes the observations of the following workers’ organizations regarding the application of Conventions Nos 26 and/or 95: MOV7 The Voice of Alcasa, received on 5 April 2021, the Independent Trade Union Alliance Confederation of Workers (CTASI), received on 1 September 2021 and the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP), received on 8 September 2021.

Follow-up to the recommendations of the Commission of Inquiry (complaint made under article 26 of the Constitution of the ILO)

Article 3 of Convention No. 26. Participation of the social partners in minimum wage fixing. In its previous comment the Committee took note of the conclusions contained in the report of the Commission of Inquiry regarding the allegations of approval without tripartite consultation of increases to the minimum wage, as well as the recommendations of that Commission.
The Committee notes the discussion held at the 343rd Session (November 2021) of the Governing Body on the consideration of all possible measures, including those foreseen in the ILO Constitution, required to ensure the Bolivarian Republic of Venezuela’s compliance with the recommendations of the Commission of Inquiry, as well as the decision adopted in this regard. The Committee observes that the Governing Body will return to the assessment of progress made by the Government in ensuring compliance with the recommendations of the Commission of Inquiry at its 344th Session (March 2022) and will continue its consideration of all possible measures for this purpose.
With regard to its previous comments on this matter, the Committee also notes the Government’s indication in its report that: (i) despite regularly addressing, two or more times a year, written communications to the various employers’ and workers’ organizations regarding consultations on the minimum wage, certain organizations refrain from participating in the process, while others seek to turn the discussion towards changing the economic model rather than the minimum wage; (ii) in April and July 2021 consultations were held on fixing the minimum wage with the various employers’ and workers’ organizations: the July consultations were held sufficiently in advance, and pertinent information was brought to the table to allow the organizations consulted to carry out an analysis and formulate proposals; and (iii) following the holding, from 21 May to 23 June, of the large-scale meeting for national dialogue on the world of work (Gran encuentro de diálogo nacional del mundo del trabajo), technical round table meetings were organized, one of which concerned the methods and procedures set out in the Convention, and explored issues related to the economic and social indicators which must be part of the analysis when considering increasing wages. In this connection, the Committee again notes with concern that FEDECAMARAS and FETRAESUV, FENASIPRUV, FENASOESV, FAPUV, the CTV and the CTASI alike are in agreement that: (i) wage increases for 2021 were decided by the Government unilaterally; and (ii) the bipartite and tripartite technical round tables on methods of application of the Convention were not standing bodies providing for structured dialogue and did not operate according to the conditions recommended by the Commission of Inquiry for the holding of effective consultations (no minutes were taken of the different meetings; an agenda and work-programme were not adopted; an independent chair and secretariat were not appointed; recourse to ILO technical assistance was not taken). FEDECAMARAS adds that, following the unilaterally imposed wage increase of 1 May, although consultations were held in two meetings (July and August) between that organization and government representatives, the conditions required for effective consultations mentioned above were not respected on either occasion. The Committee again deplores the failure of the Government to fulfil its obligation to consult in respect of fixing the national minimum wage. The Committee urges the Government to take the necessary measures without delay, including by taking into account the recommendations of the Commission of Inquiry, to ensure full compliance with the Convention. The Committee requests the Government to provide information in that regard.
Article 4 of Convention No. 95. Payment in kind. “Socialist cestaticket” (food voucher). In its previous comments, the Committee requested the Government to engage in dialogue without delay at the national level, involving all the employers’ and workers’ organizations concerned, so as to examine possible solutions that are sustainable over time, including any necessary adjustment to the “socialist cestaticket” system, to ensure full conformity with this Article of the Convention. The Committee notes that the Government restricts itself to indicating that broad dialogue is being held with the various employers’ and workers’ organizations, without giving details of the solutions found to resolve this issue. The Committee also notes that the FAPUV, the CTV and the CTASI have provided figures showing that the “socialist cestaticket” continues to represent a high percentage of workers’ remuneration and add that, in addition to that voucher, workers receive other vouchers which, taken together, exceed the amount of the minimum wage. The Committee regrets to note that no progress has been made in seeking sustainable solutions to this matter. The Committee once again requests the Government to take the necessary measures without delay to engage in dialogue with the employers’ and workers’ organizations concerned to examine solutions that will allow full application of Article 4 of the Convention. The Committee requests the Government to provide information in this regard.
Article 5. Electronic payment of wages. In its previous comment, the Committee noted the observations of the workers’ organizations regarding the difficulties that generalized electronic payment of wages imposed on workers in certain areas of the country when seeking to obtain the amount corresponding to their wages in cash. The Committee notes the Government’s indication that this situation has been resolved, however the FAPUV, the CTV and the CTASI reiterate that electronic payment of wages prevents workers, especially those in areas where there are no banking services or no electricity, from withdrawing cash from the banks or institutions to obtain the full amount of their wages. The Committee requests the Government to take effective measures in consultation with the social partners to address this issue and to provide information in that regard.
Article 12. Delayed payment of wages. The Committee notes the Government’s indication, in reply to its request for information regarding several cases of delayed payment of wages, particularly in respect of National Assembly workers, that the wages of those workers have been paid. The Committee notes that the FAPUV, the CTV and the CTASI indicate that the Government, through the official electronic platform known as “sistema patria”, delays greatly and/or only effects partial payment of the wages of university staff. Recalling once again the importance of the payment of wages at regular intervals, the Committee requests the Government to provide its comments in that regard.
[The Government is asked to reply in full to the present comments in 2022.]

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations, relating to the application of the Convention in law and practice, made by the following organizations: the Federation of University Teachers’ Associations of Venezuela (FAPUV), dated 12 March and 3 June 2021; MOV7 The Voice of Alcasa, dated 6 April 2021; the Confederation of Workers of Venezuela (CTV), the Independent Trade Union Alliance Confederation of Workers (ASI) and FAPUV, dated 22 July and 30 August 2021; ASI, dated 31 August 2021; and the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), supported by the International Organisation of Employers (IOE), dated 1 September 2021; and also the Bolivarian Socialist Confederation of Urban, Rural and Fishery Workers of Venezuela (CBST-CCP), dated 8 September 2021. The Committee requests the Government to send its comments in this regard.

Follow-up to the recommendations of the Commission of Inquiry (complaint made under article 26 of the Constitution of the ILO)

In its previous observation, the Committee noted the conclusions and recommendations of the report of the Commission of Inquiry regarding the application of the Convention. The Committee notes the discussion which took place during the 343rd Session (November 2021) of the Governing Body on the consideration of all possible measures, including those provided in the ILO Constitution, required to ensure the Bolivarian Republic of Venezuela’s compliance with the recommendations of the Commission of Inquiry, and also the decision adopted in this respect. The Committee observes that the Governing Body, at its 344th Session (March 2022), will once again assess progress made by the Government to ensure compliance with the recommendations of the Commission of Inquiry and will pursue its consideration of possible measures to achieve this objective.
Civil liberties and trade union rights. Climate free from violence, threats, persecution, stigmatization, intimidation or any other form of aggression, in which the social partners are able to exercise their legitimate activities, including participation in social dialogue with full guarantees. The Committee recalls that the Commission of Inquiry recommended: (i) the immediate cessation of all acts of violence, threats, persecution, stigmatization, intimidation or other forms of aggression against persons or organizations in relation to the exercise of legitimate employers’ or trade union activities, and the adoption of measures to ensure that such acts do not recur in future; (ii) cessation of the use of judicial proceedings and preventive and non-custodial measures, including the subjection of civilians to military jurisdiction, for the purpose of undermining freedom of association; (iii) the immediate release of any employer or trade unionist who is imprisoned in relation to the exercise of the legitimate activities of their organizations, as is the case for Rodney Álvarez; (iv) the independent investigation without delay of all allegations of violence, threats, persecution, stigmatization, intimidation and any other forms of aggression that have not been duly elucidated, with a view to clarifying responsibilities and identifying the perpetrators and instigators, while ensuring the adoption of appropriate protection, penalization and compensation measures; (v) the adoption of the necessary measures to ensure the rule of law, and particularly the independence from the executive authorities of the other branches of State authority; and (vi) the organization of training programmes with the ILO to promote freedom of association, tripartite consultation and social dialogue in general, including on full respect for its essential conditions and basic rules, in accordance with international labour standards. In light of the information provided by the Government and the social partners in the Committee’s previous observation, and expressing deep concern at the almost total absence of progress, the Committee firmly urged the Government to take the necessary measures to investigate and take action promptly with regard to all the pending allegations of violation of the Convention relating to civil liberties and trade union rights.
With regard to the situation of the trade unionist Rodney Álvarez, the Committee notes the Government’s indication that on 11 June 2011 he was sentenced to 15 years’ imprisonment for the common crime of homicide and not for the exercise of trade union activities. The Government explains that the convicted person enjoys guarantees to submit the corresponding appeals to the higher courts and that once the sentence is executed the guarantee applies whereby the time spent by the person in custody during the trial will be deducted from the sentence to be served. The Government also once again denies in general terms the alleged use of judicial proceedings as an anti-union practice. The Committee also notes the observations of various social partners (the CTV, ASI and FAPUV) condemning the fact, as was ascertained by the Commission of Inquiry, that the proceedings brought against Mr Álvarez reflect the lack of separation of powers in the country and implied a clear denial of justice, with eight interruptions and up to 25 preliminary hearings, and with Mr Álvarez having been the victim of three serious knife and gun attacks perpetrated with total impunity during the more than ten years in which he was held in pretrial custody. As regards the trial, these organizations condemn the fact that nothing in the judicial file confirms that Mr Álvarez was armed, let alone that he fired the shots; that the judge dismissed all the defence witnesses who were present at the scene and who saw that another person perpetrated the killing; and that the statement by the National Guard officer on security duty at the enterprise at the time, who declared that he had detained that other person for firing shots, was disregarded. Noting with deep concern the serious additional allegations of violation of due process in this case, the Committee urges the Government to implement immediately the recommendations of the Commission of Inquiry in this regard.
With regard to the other pending issues, the Committee notes that the Government denies the suggestion of alleged deficiencies in the rule of law or the separation of powers in the country and asserts that the allegations and observations made by the social partners have been addressed, evaluated and referred to the corresponding public authorities. The Government also asserts that it has made progress in improving observance of the Convention, as shown by the broad and inclusive social dialogue, with full guarantees and without exclusion, maintained with the workers’ and employers’ organizations who voluntarily requested it. In this regard, the Government reiterates the information given to the Governing Body, indicating that: (i) since February 2020, bipartite dialogue round tables have been set up to discuss matters related to the Convention and other subjects of national interest raised by the social partners. The invitation to participate was accepted by FEDECAMARAS, the Federation of Craft, Micro, Small and Medium-Sized Industries and Enterprises of Venezuela (FEDEINDUSTRIA), the CBST-CCP, ASI, the General Confederation of Labour (CGT), the National Union of Workers of Venezuela (UNETE), the Confederation of Autonomous Trade Unions (CODESA), (which deposited a document and then withdrew), as well as the CTV (which sent a communication indicating that it would not attend the dialogue proposed as a dispute settlement mechanism); (ii) meetings continued to be held subsequently according to the requests made by the social partners, with progress made on some matters referred to in this Committee’s observations; (iii) from 21 May to 23 June 2021, the “Great National Dialogue on the world of work” (Gran encuentro de diálogo nacional del mundo del trabajo) was held as a virtual forum, with six work sessions, one of which with part of another were devoted to the review of legislative and practical matters related to observance of the Convention; (iv) at these sessions the participants were able to express their views and make lengthy presentations on subjects related to the application of the Convention, in an atmosphere of respect and good will, with extensive participation from the social partners – FEDECAMARAS, FEDEINDUSTRIA, the CBST-CCP, ASI, UNETE, the CTV (all of which participated in the first two sessions), CODESA (which only attended the first session), and the CGT (which expressed interest but had connection problems); (v) with regard to the employers’ sector, a public statement was forwarded, issued by the National Authority for the Defence of Socio-Economic Rights (SUNDDE), making a general appeal to any parties who had a pending measure of temporary control imposed under the Act on fair prices to reach out to the SUNDDE ; (vi) at this dialogue meeting, the Government gave an undertaking to set up a face-to-face technical working group on the Convention, including with regard to particular cases on the subject of land. This working group started its work on 30 July 2021, which was continued on 17 August 2021 with the drawing up of its agenda; and (vii) other dialogue forums have been opened at the highest level between the executive authorities and the social partners, for example the appeal to FEDECAMARAS by the Executive Vice-President of the Republic to attend the Higher Council on the Productive Economy. The Government concludes by stating that, contrary to the alleged policy of violence, threats, persecution or other forms of aggression directed at the social partners, efforts have been made to continue reinforcing dialogue forums. As regards the allegations concerning land, the Committee duly notes the information forwarded by the Government to the Governing Body on measures to address the requests made by FEDECAMARAS, in particular: the establishment of round tables for meetings at the National Land Institute (INTI) to seek solutions to the cases raised by the National Federation of Stockbreeders of Venezuela (FEDENAGA), with the list presented by FEDECAMARAS being included on the agenda; and the setting up of a technical committee to discuss matters of interest to FEDENAGA and INTI, including the list of cases of estates involved in disputes (the Government stated that so far FEDENAGA had prioritized 12 cases, and the administrative procedures implemented were being reviewed to determine possible solutions to the cases raised, as well as stating that progress had been made in the certification of estates that could be improved or are productive).
The Committee also notes the CBST-CCP’s assertion that the State has been promoting correct observance of the Convention and emphasizes that this year invitations were issued to take part in a social dialogue which was guaranteed to be wide-ranging and to include the workers’ and employers’ organizations, with the voluntary presence of the latter. The CBST-CCP categorically rejects the observations of the social partners who allege that the State is fomenting a policy of violence, persecution and aggression, and asserts that in reality it has been the guarantor of free trade union activity for all organizations without distinction.
The Committee also notes that the observations received from the other social partners allege a lack of progress in implementing this group of recommendations, as well as further violations of the Convention, which are listed below.
FEDECAMARAS: (a) refers to hostile or intimidatory messages against the organization and its president – in particular, derogatory statements against the latter by the President of the Republic in a broadcast by the state television channel, as well as disparaging messages in a programme directed by a member of parliament on the same TV channel; (b) denounces the fact that measures restricting freedom of association for leaders of FEDECAMARAS remain in place, consisting of a court summons and a ban on disposing of or levying charges on its property (the Government was consequently presented with a list of cases evaluated by the Commission of Inquiry and a list of illegally invaded or seized land); (c) indicates that the recommendation to organize training programmes to promote freedom of association has not been implemented; and (d) while FEDECAMARAS recognizes the initiative launched by the Government to hold several cycles of meetings with it and with other employers’ and workers’ organizations, and the fact that government representatives have undertaken some bridge-building with FEDECAMARAS, the federation points out that to date the recommendations of the Commission of Inquiry have not been accepted by the Government and the meetings have been held without the conditions recommended by the Commission being met (despite multiple requests being made by FEDECAMARAS to implement them with the necessary guarantees so that the talks can have a real impact) and without any concrete solutions being reached; for this reason, FEDECAMARAS considers that these are exploratory, bridge-building meetings but they do not constitute the structured dialogue round tables recommended by the Commission of Inquiry, and it asks that the ILO establish the mechanisms that it considers the most appropriate for formalizing the Office’s participation or presence in the dialogue process.
The CTV, ASI and FAPUV: (a) report numerous cases of arbitrary detention of trade unionists and trade union leaders, as well as members of non-governmental organizations which defend human rights, in connection with the exercise of the right to peaceful protest and freedom of expression. In this regard, they denounce the fact that action in defence of labour rights, and of human rights, is being criminalized and liable to prosecution. These organizations claim that prosecution charges are accepted almost automatically by the courts – with the detained person being deprived of freedom and subjected to preventive measures that carry restrictions, some of them verbal so as not to leave any trace – with the detainees often being obliged to accept a public defender who assists the Public Prosecutor’s Office with the prosecution, with evident bias on the part of judges operating on behalf of the executive authorities, as a result of which the trade union movement is left completely defenceless; and (b) in particular they condemn the detention and imprisonment of the following trade union leaders: (i) Mr Guillermo Zárraga, secretary of the Union of Petroleum, Gas and Energy Workers of the State of Falcón (SUTPGEF), arrested on 11 November 2020 by the Bolivarian National Intelligence Service (SEBIN), remaining in detention at the headquarters of the Directorate-General for Military Counterintelligence (DGCIM), and subjected to criminal proceedings tainted with irregularities, on charges of terrorism, criminal conspiracy and treason; (ii) Mr Eudis Girot, a trade union leader in the petroleum industry, arrested by the DGCIM on 18 November 2020 in Puerto La Cruz, also accused of terrorism, among other charges, and remaining in custody in Rodeo III prison; (iii) and Mr Mario Bellorín and Mr Robert Franco, president and general secretary, respectively, of the Union of Education Professionals–Association of Teachers of Venezuela (SINPRODO–CPV), Carúpano, State of Sucre, arrested on 26 December 2020 while on a visit to a private residence there which was raided. Mr Bellorín was released a few hours after his arrest, but this was not the case for Mr Franco, who was transferred to SEBIN headquarters in Caracas (Helicoide), where he remains in custody. In addition, MOV7 The Voice of Alcasa denounces harassment and assaults of workers who participated in trade union activities or protests.
While welcoming the efforts at bridge-building and the meetings held, open to all social partners, and the commitments made by the Government to continue the dialogue on observance of the Convention through technical round tables, the Committee notes with regret the lack of specific results highlighted by most of the social partners, and also the absence of concrete replies and information on the occurrences reported by the social partners in previous observations (even though the Government asserts that the allegations and observations made by the social partners have been addressed, evaluated and referred to the relevant authorities, it does not provide any specific information in this regard). The Committee also notes with deep concern that various employers’ and workers’ organizations make new, serious additional allegations of violations of civil liberties and trade union rights. These organizations claim that at the dialogue round tables – at which the Government indicates that the pending issues are being addressed – general statements have been made but concrete solutions have still not been reached, and the procedures for dialogue recommended by the Commission of Inquiry have not been respected (no minutes were produced, no consensus was reached regarding agendas and timelines, no independent chairperson or secretariat were appointed, nor were the meetings held with the presence of the ILO despite requests to this effect).
In light of the above, the Committee reiterates the recommendations of the Commission of Inquiry and firmly urges the Government, in dialogue with the organizations concerned through the relevant bipartite or tripartite round tables, to take the necessary measures quickly to ensure implementation of the above-mentioned recommendations. In this regard, the Committee firmly urges the Government to investigate and take appropriate action with respect to the pending allegations of violations of the Convention regarding civil liberties and trade union rights – contained in the Commission of Inquiry’s report or subsequently brought before this Committee – in order to ensure a climate free of violence, threats, persecution, stigmatization, intimidation or any other form of aggression in which the social partners can exercise their legitimate activities, including participation in social dialogue with full guarantees. The Committee requests the Government to provide detailed information on the follow-up action taken.
Articles 2 and 3 of the Convention. Respect for the autonomy of employers’ and workers’ organizations, particularly in relation to the Government or political parties, and suppression of all interference and favouritism by the state authorities. The Committee recalls that the Commission of Inquiry recommended: (1) the adoption of the necessary measures to ensure in law and practice that registration is a mere administrative formality and that in no event can it imply previous authorization; (2) the elimination of “electoral abeyance” and the reform of the rules and procedures governing trade union elections, so that the intervention of the National Electoral Council (CNE) is really optional and does not constitute a mechanism for interference in the life of organizations, and that the pre-eminence of trade union independence is guaranteed in election processes and delays are avoided in the exercise of the rights and activities of employers’ and workers’ organizations; (3) the elimination of any other use of institutional machinery or types of action that interferes in the independence of employers’ and workers’ organizations and their mutual relations. In particular, the Commission recommended the adoption of any necessary measures to eliminate the imposition of control institutions or mechanisms, such as Workers’ Production Boards (WPBs), which may in law or in practice restrict the exercise of freedom of association; (4) the establishment, with ILO assistance, of criteria that are objective, verifiable and fully in accordance with freedom of association to determine the representativeness of both employers’ and workers’ organizations; and (5) in general, the elimination in law and practice of any provisions or institutions that are incompatible with freedom of association, including the requirement to provide detailed information on members, taking into account the conclusions of the Commission and the comments of the ILO supervisory bodies.
The Committee notes that the Government denies the allegations of interference and failure to respect the independence of employers’ and workers’ organizations, as well as favouritism on the part of the authorities towards organizations supposedly linked to them, indicating that it has demonstrated its strict observance of freedom of association and its policy to take account of all representative organizations.
With regard to the issues concerning trade union registration, the Committee notes that, in the information provided to the Governing Body, the Government indicates that the technical working group on the Convention discussed whether to establish an agenda item dealing with the National Trade Union Registry (RNOS). The Committee requests the Government to keep it informed of any developments in this respect.
With regard to the creation of the WPBs, the Committee notes that the Government reiterates what it indicated previously to the supervisory bodies, including the Commission of Inquiry, emphasizing that far from excluding or affecting freedom of association, the WPBs promote the organization of the working class and foster its participation in the management of productive activity, and in no case do they replace the trade unions or are contrary to them, as established by section 17 of the WPB Constitutional Act. The Government adds that the Ministry of People’s Power for the Social Process of Labour has not received any formal complaints of specific cases in which the organization of WPBs in workplaces had interfered with the smooth functioning of the latter. The Committee notes the observations of the CBST-CCP, reiterating that WPBs are not trade unions by nature and do not have competencies that prevent the exercise of freedom of association, and emphasizing that work is being done within the CBST-CCP on activating the organization of the working class as a source of leadership and change through the WPBs, aimed at efficient production. The Committee also notes, however, the observations of the other social partners (FEDECAMARAS, ASI, CTV and FAPUV) warning that instead of implementing the recommendations of the Commission of Inquiry – such as that of subjecting the WPB Act to tripartite consultation – the Government continues to promote the formation and action of the WPBs. The social partners denounce the fact that, in practice and together with the workers’ militias, the WPBs are being used to attack or replace the independent trade union movement.
With regard to trade union elections, the Government indicates that, in the context of the “Great National Dialogue on the World of Work”, the subject of the election of trade union committees was discussed and explanations were provided on this matter. The Government reiterated what it had indicated previously: that the National Electoral Council (CNE) carries out support activities only where requested by the trade union organizations and that organizations can conduct their elections with or without CNE assistance, according to the terms of the union constitutions and any future amendments, and in line with the free wishes of each organization. In this regard, the Committee notes that although the Government reiterates that intervention by the CNE is optional, the Commission of Inquiry had already established that this affirmation or clarification had not been sufficient to resolve the problems identified and to address the numerous allegations of interference in electoral procedures. In this regard, the Committee notes that: although, on the one hand, the observations of the CBST-CCP indicate that various organizations affiliated to the confederation reportedly started or completed processes of reform to their constitutions to permit the holding of fully independent elections and affirm that the organizations affiliated to the Bolivarian confederation have made free use of the right to hold trade union elections without any kind of interference from the electoral authorities; on the other hand, the observations of the other workers’ organizations (in particular ASI, CTV and FAPUV) emphasize that no changes have been made in either law or practice regarding government policy on the registration of trade union organizations and “electoral abeyance”. These organizations assert that the problems identified by the Commission of Inquiry are still restricting the possibility of trade union organizations being authorized by the executive authorities to perform essential functions such as collective bargaining. In this regard, these workers’ organizations emphasize that there is no progress as regards intervention by the CNE in trade union elections, and claim that this will continue to delay the holding of elections and the renewal of their executive committees. For example: (i) they denounce the persistence of interference and obstacles in the electoral process by the CNE in the case of organizations such as the National Union of Men and Women Public Officials in the Legislative Career Stream, and Men and Women Workers at the National Assembly (SINFUCAN) and the Union of Petroleum, Gas and Energy Workers of the State of Falcón (SUTPGEF); (ii) they warn of long delays that can be ascribed to the authorities regarding the approval of reforms to union constitutions (for example, 28 months to approve the reform of the constitution of the National Union of Workers of the National Institute for Socialist Training and Education (SINTRAINCES)); and (iii) they claim that the Ministry for University Education, apart from obstructing the participation of organizations affiliated to FAPUV in collective bargaining (alleging that these organizations are in “electoral abeyance”, which they assert is the result of interference by the CNE), treats the organizations unequally since it is negotiating with a minority organization that has never held elections.
In light of the above, with regard to these two headings of the recommendations relating to the independence of employers’ and workers’ organizations, the Committee deplores the fact that the Government does not provide information on specific progress made with respect to the specific allegations made in the previous observations of multiple social partners and only reiterates statements already made to the Commission of Inquiry. The Committee also notes with concern that the social partners’ denunciations continue in the most recent observations of FEDECAMARAS, ASI, CTV and FAPUV, with regard to the action of the WPBs and interference and obstacles regarding electoral procedures and the registration of trade unions.
In view of these circumstances, the Committee once again refers to the conclusions of the Commission of Inquiry and reiterates the specific recommendations set forth above on the need to ensure respect for the independence of employers’ and workers’ organizations, and also to eliminate all interference and favouritism on the part of the government authorities. Also in this respect, the Committee urges the Government to refer all the pending allegations to the respective dialogue round tables with the organizations concerned – including the allegations of interference and obstacles regarding electoral procedures and also the use of WPBs as mechanisms that restrict the exercise of freedom of association – in order to make tangible progress as quickly as possible.
Articles 2 and 3. Legislative issues. The Committee recalls that it has been asking the Government for several years to take the necessary steps, in consultation with the most representative workers’ and employers’ organizations, to revise various provisions of the Basic Labour Act (LOTTT), in particular sections 367, 368, 387, 388, 395, 402, 403, 410, 484 and 494. The Committee also recalls that the Commission of Inquiry recommended in general the submission to tripartite consultation of the revision of laws and standards, such as the LOTTT, which revisions raise problems of compatibility with the Convention in light of the conclusions of the Commission of Inquiry and the comments of the ILO supervisory bodies.
The Committee notes the Government’s indication that: (i) in the context of the dialogue round tables held in February and March 2021 the Committee’s comments on the revision of laws and standards that give effect to ILO Conventions were referred to the National Assembly; and that (ii) in the context of the “Great National Dialogue on the World of Work”, stakeholders in the world of work were invited to make contributions towards the updating of the LOTTT regulations. Furthermore, the Committee welcomes the undertaking given by the Government to the Governing Body to hold consultations with the social partners on draft laws or their respective amendments, instigated by the National Assembly, which are connected with international labour standards.
However, the Committee notes with concern the observations of the CTV, ASI and FAPUV, warning of the use of the Constitutional Act against hatred and promoting peaceful co-existence and tolerance, and also of accusations of terrorism, as a pretext for criminalizing trade union activity, carrying out arbitrary detentions of trade union leaders and sentencing them to imprisonment for exercising their freedom of expression.
The Committee reiterates the above-mentioned recommendations relating to legislative issues and urges the Government, in the context of the dialogue round tables, to submit to tripartite consultation without further delay the revision of the laws and standards, such as the LOTTT, which raise problems of compatibility with the Convention in light of the conclusions of the Commission of Inquiry (such as those regarding trade union registration, “electoral abeyance” or the WPBs) and the comments of the other ILO supervisory bodies. The Committee also requests the Government, in view of the social partners’ allegations, to include in the above-mentioned tripartite dialogue the discussion of the impact on the exercise of freedom of association of the Constitutional Act against hatred and promoting peaceful co-existence and tolerance, and also of any measures needed to ensure that the application of this Act cannot restrict or suppress the exercise of freedom of association.
The Committee welcomes the gatherings, meetings and dialogue forums, open to all the social partners, which have been held, as well as the setting up of a face-to-face technical round table for addressing issues regarding the application of the Convention, and duly notes that the Government reiterates its willingness to strengthen these dialogue forums to improve the observance of the Convention. However, the Committee notes with deep concern that: (i) the Government does not provide specific replies to the multiple serious allegations made in the Committee’s previous comment; (ii) as highlighted by the observations of a number of social partners, the dialogue held so far still does not meet the necessary conditions to be effective, nor has it yielded concrete solutions to the pending issues, and so, regrettably, no significant further progress can be observed in the application of the recommendations of the Commission of Inquiry; and (iii) allegations of serious violations of the Convention continue to be made, referring to the persistence of systemic patterns or problems to which attention was drawn by the Commission of Inquiry.
The Committee notes that the Government once again refers to its request for ILO assistance in order to determine the representativeness of employers’ and workers’ organizations, considering that this will be fundamental for determining representativeness according to objective verifiable criteria which fully respect freedom of association. The Government points out that pending this important technical assistance it continues to follow the policy of taking account of all representative organizations without giving privileges to one or the other. Moreover, the Committee notes the assertion by FEDECAMARAS that assistance should not be limited to the subject of representativeness, but should also fully encompass the recommendations and the dialogue process in themselves, emphasizing that ILO backing for social dialogue will constitute valuable support. In this regard, the Committee reiterates that, since the recommendations are interrelated and need to be considered together, they should be implemented in a holistic manner and in a climate in which the social partners can exercise their legitimate activities, including participation in social dialogue with full guarantees, and with full respect for the independence of employers’ and workers’ organizations. The Committee once again recommends that technical assistance should be defined on a tripartite basis in the context of dialogue round tables and in light of these considerations.
The Committee firmly urges the Government to, with ILO technical assistance, take the necessary steps, through the above-mentioned dialogue round tables and in the manner indicated in the Commission of Inquiry’s report, to ensure that the recommendations are fully implemented, so that tangible progress can be noted in the near future. The Committee also reiterates that it is vital that the issues raised above receive the full and ongoing attention of the ILO and its supervisory system so that firm and effective measures are adopted to ensure full observance of the Convention in law and practice.

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Confederation of Workers of Venezuela (CTV), the Independent Trade Union Alliance Confederation of Workers (CTASI) and the Federation of University Teachers' Associations of Venezuela (FAPUV) regarding the application of the Convention, received on 30 August 2021. The Committee also takes note of the observations of the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP) on 8 September 2021. The Committee requests the Government to provide its comments in this respect.
Articles 1(a) and 2 of the Convention. Definition of remuneration. Legislation. In its previous comment, the Committee asked the Government to adopt the necessary measures to ensure that all the additional benefits received by workers and arising out of their employment, such as those set out in section 105 of the Basic Act concerning labour and men and women workers (LOTTT), are considered to be remuneration so that the principle of the Convention is fully implemented. The Committee observes that, in its report, the Government once again refers to section 104 of the LOTTT, which provides a definition of “remuneration” and “normal salary”, and that remuneration is used as the basis to calculate social benefits. The Committee notes, however, that section 105 of the LOTTT continues to enumerate social benefits that are not considered to form part of remuneration. The Committee therefore urges the Government to amend its legislation to ensure that all additional benefits received by workers and arising out of their employment, such as those set out in section 105 of the LOTTT, are considered as remuneration for the purposes of applying the principle of equal remuneration for work of equal value set out in the Convention.
Articles 1(b) and 2. Equal remuneration for men and women work of equal value. Legislation. Since 2003, the Committee has been referring to the need to include in the legislation the principle of equal remuneration for men and women for work of equal value. The Committee notes that the Government reiterates in its report that section 109 of the LOTTT, which provides for the principle of equal salary for equal work, is in line with the principle of the Convention. It also clarifies that distinctions in salary may be made depending on productivity or reasons founded in criteria foreseen by law, such as family responsibilities, seniority, professional training, assiduity, savings in raw materials, union membership and others. The Committee is bound once again to draw the Government’s attention to the fact that provisions that limit equal remuneration to “equal”, “the same”, “similar” or “substantially similar” are narrower than what is required by the Convention (see General Survey of 2012 on the fundamental Conventions, paragraph 677). The Committee once again requests the Government to take the necessary measures without delay to amend section 109 of the LOTTT in order to give full legislative expression to the principle of the Convention. It also asks the Government to provide information on how section 109 of the LOTTT is applied in practice.
The Committee is raising other matters in a request addressed directly to the Government.

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Confederation of Workers of Venezuela (CTV), the Independent Trade Union Alliance Confederation of Workers (CTASI) and the Federation of University Teachers’ Associations of Venezuela (FAPUV), received on 30 August 2021. The Committee also takes note of the observations of the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP) received on 8 September 2021. The Committee requests the Government to provide its comments in this respect.
Articles 1 and 2 of the Convention. Gender wage gap. The Committee notes the indication in the Government’s report that a study on the gender pay gap is being undertaken with all relevant national organisms. The Government also refers to women’s participation in Production Councils of Workers (at a rate of 32.46 per cent in 2020) as well as the rate of women benefiting from monetary long-term benefits (pensions) (59.9 per cent of total recipients) and from the “Gran Misión Hogares de la Patria” (78 per cent of total beneficiaries). The Committee also notes from the Government’s report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Programmatic agenda for women and gender equality 2025, adopted within the framework of the Plan de la Patria 2025, includes among its objectives the emancipation of gender equality seeking the full equity on working conditions and enjoyment of economic rights, and the fight against patriarchal domination in all levels of the educational system and in culture. The Committee takes note of the observations presented by the CTV, the FAPUV and the CTASI, according to which there is no official data on the gender pay gap after 2011 and that, according to a 2020 National Survey on Living Conditions carried out by the Institute for Economic and Social Investigation (IIES), in 2020 there was a wide gender gap in the rate of economic participation, of 71 per cent for men and 43 per cent for women. The same organizations also highlight the lack of collaboration with the Government in the application of the Convention. The Committee wishes to recall that, in order to be able to address discrimination and unequal pay, and to determine whether the measures taken are having a positive impact, data and research on the actual situation, including the underlying causes, are essential and thus that more information is needed on the employment rate, sectors of occupation and remuneration, disaggregated by gender. The Committee requests the Government to: (i) continue providing information on measures taken to address the gender pay gap, including in the framework of the Programmatic agenda for women and gender equality 2025; and (ii) provide further information on the content of the study that is being carried out, and particularly whether it will contain statistics and any other information, disaggregated by sex, which would make it possible to evaluate the gender pay gap by sector, clarify its causes and assess trends.

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations made by the Confederation of Workers of Venezuela (CTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), and the Independent Trade Union Alliance Confederation of Workers (CTASI), received on 30 August 2021. The Committee also notes the observations of the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP), received on 8 September 2021. The Committee requests the Government to provide its comments in this respect.
Article 1(1)(a) of the Convention. Discrimination on the basis of gender. Sexual harassment. The Committee notes the Government’s brief reference in its report to the implementation of strategies, actions and activities to ensure compliance with the Basic Act on labour and men and women workers (LOTTT) and the Basic Act on prevention, working conditions and the working environment (LOPCYMAT), including training programmes for workers and for employers’ representatives, and also personal care for victims and warning measures for employers to stop harassment and provide training and information in this regard. As regards the number of cases of sexual harassment, the Government indicates that between 2017 and 2020 a total of 322 complaints of workplace harassment (97 of them from women) and 29 cases of sexual harassment were filed. However, the Committee also notes that the United Nations (UN) High Commissioner for Human Rights, in her 2020 report, emphasized that women face gender stereotyping within the legal system, and gender-based violence, including threats, mistreatment and verbal abuse by public officials and that women petitioners usually bear the brunt of the search for truth, justice and reparations (A/HRC/44/54, 15 June 2020, paragraph 30). The Committee also notes that the Government, in its periodic report to the UN Committee on the Elimination of Discrimination against Women (CEDAW), referred to the publication in 2021 of the “Standards for action by police and criminal investigation officials in relation to early and timely care for victims of gender violence, receipt of the corresponding complaints and police action in investigation processes”, and also refers to various training measures for judges, judicial officials, police, lawyers, prosecutors and other legal professionals on the subject of gender equality and violence against women. In the same report, the Government indicated that 21 studies and 22 awareness-raising campaigns were carried out on violence against women and girls (CEDAW/C/VEN/9, 1 November 2018, paragraphs 22, 63, 65 and 112). The Committee asks the Government to provide information on the training undertaken with entities responsible for the receipt of complaints of sexual harassment, and particularly on whether these deal with issues related to sexual harassment and its underlying causes such as gender stereotypes. The Committee also asks the Government to provide detailed information on particular cases in which non-compliance with the LOPCYMAT has been established, and the specific assistance and warning measures taken. The Committee further requests the Government to continue providing information on the number of cases of sexual harassment, and also on actions taken, sanctions imposed and remedies granted.
Article 1(1)(b). Discrimination on the basis of HIV status. The Committee notes that the Government, in reply to its request to provide information on any complaint of discrimination on the basis of HIV status, indicates in its report that no complaints have been received, and that between 2017 and 2019 a total of 5,364 inspections were conducted, in which no violation was found regarding the prohibition on mandatory HIV testing. The Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals, or that the system of recording violations is insufficiently developed (see General Survey on the fundamental Conventions, 2012, paragraph 870). The Committee asks the Government to continue providing information on any complaints of discrimination on the basis of HIV status, real or perceived, and also on the measures taken to identify cases of discrimination on the basis of HIV status, whether in terms of mandatory HIV testing or discriminatory behaviour of any other kind.
Articles 2 and 3(f). National equality policies. The Committee notes that, with regard to the continuation of the Mamá Rosa Plan, the Government refers to the adoption of the Third Socialist National Economic and Social Development Plan 2019–25 (Plan de la Patria) and the corresponding “Programme agenda for women and gender equality”, which provide for the empowerment of gender equality with a view to full equality in working conditions and the enjoyment of economic rights, the development of productive inputs and new forms of management driven by women, and the recognition, protection and de-feminization of domestic and care work. The Government also indicates that the Ministry of People’s Power for Women and Gender Equality has adopted policies to boost the participation of women in economic life, such as the Mujeres Conuqueras (women smallholders) 2020 programme to include women in the agri-food sector, and the empowerment of women in rural areas. In addition, with regard to the results achieved from previous policies and initiatives, the Committee notes that, according to the Government’s report to CEDAW, in 2020 a total of 20 regional institutes and 170 municipal institutes devoted to the advancement of women and gender equality were registered, and there is a major benefit for women in terms of credits for small and medium-sized enterprises from public banks, including on the basis of the Soy Mujer (I am a woman) programme (CEDAW/C/VEN/9, paragraphs 44, 170 and 171). The Committee also notes that the judiciary’s National Gender Justice Commission and the National School of the Judiciary have conducted further training on the subject of gender for judges and judicial officials, and the Ombudsman’s Office, the National Institute for Women (INAMUJER) and the National Training Programme for Prevention Delegates have implemented similar measures (CEDAW/C/VEN/9, paragraphs 22, 36, 37 and 103). With regard to plans and policies relating to other grounds of discrimination, the Committee notes that the Plan de la Patria 2025 refers to the full inclusion at work of persons with disabilities, non-discrimination towards them, and their integration into productive activities, and that various programme agendas have been adopted for Afro-descendants, indigenous peoples and young persons. The Committee asks the Government to provide information on the results achieved by the implementation of the Plan de la Patria 2025 and its respective programme agendas in terms of the beneficiaries, and also on any other measures taken in relation to the application of the principle of equality and non-discrimination in employment and occupation recognized by the Convention.

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations made by the Confederation of Workers of Venezuela (CTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), and the Independent Trade Union Alliance Confederation of Workers (CTASI), received on 30 August 2021, which refer to allegations of discrimination on the basis of political opinion in access to teaching in the public sector, and also to cases of harassment at work and dismissals on the basis of political opinion. The Committee also notes the observations of the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP), received on 8 September 2021. The Committee asks the Government to send its comments in this respect.
Article 1(1)(a) of the Convention. Discrimination on the basis of political opinion. In its previous comments, the Committee noted with concern the allegations made by numerous workers’ organizations concerning acts of discrimination in employment for political reasons (in particular against employees of the public administration and state enterprises) and asked the Government to take the necessary steps without delay to ensure full respect and compliance with the Convention. The Committee also urged the Government to take measures without delay to establish a working group including all the trade union organizations concerned to examine and to deal with all the complaints, and also to consider the development of a system to prevent discrimination and the establishment of mechanisms and institutions to address in an independent manner complaints of discrimination in employment and occupation, particularly on the basis of political opinion. The Committee notes with deep concern that once again several trade union confederations allege acts of discrimination, harassment at work and dismissal on the basis of political opinion in the administration of the State, including discrimination against graduates of the Libertador Experimental Pedagogical University (UPEL), dismissals at the Ministry of Foreign Affairs and the Financial Institution Deposit Guarantee Fund, and the dismissal of over 650 officials, workers and contractual employees at the National Assembly.
In this regard, the Committee notes the Government’s emphatic reiteration in its report that neither persecution nor discrimination against men and women workers or jobseekers on the basis of political opinion is a policy of the State. The Government also refers briefly to the forums for dialogue and consultation with the various social partners, which have been taking place since early 2021 with respect to other ratified Conventions, even though it indicates that some organizations have been “self-excluded” from these bodies. The Government also indicates that the Ombudsman’s Office has competence for protecting fundamental rights and that any person or organization whose fundamental rights have been violated can have recourse to it. The Committee notes that, according to the recent report of the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela, the activities reported by the Ombudsman’s Office in relation to the large number of complaints and petitions that it receives fall short of fulfilling its constitutional role to further, defend and oversee rights and guarantees established under the Constitution (A/HRC/48/69, 16 September 2021, paragraph 101). In light of the above, taking account of the seriousness and large number of instances of discrimination based on political opinion reported for years by various trade union confederations in the country, the Committee once more firmly urges the Government to take measures without delay to establish a working group involving all the trade union organizations concerned – and including the Ombudsman’s Office, if the parties consider it appropriate – in order to examine and deal with all the complaints in question. The Committee considers that there is an urgent need to consider a system of prevention and mechanisms or institutions to deal independently with complaints of discrimination in employment and occupation, particularly discrimination on political grounds. The Committee asks the Government to provide information on any cases of discrimination on political grounds filed with the Ombudsman’s Office or with any judicial body or dispute settlement mechanism, and also their outcome.
Discrimination on the basis of national extraction. Legislation. With regard to the Committee’s request to the Government, in its previous comments, to take measures to include “national extraction” in the prohibited grounds of discrimination, the Government reiterates in its report the reference to article 21 of the Constitution, section 21 of the Basic Act on labour and men and women workers (LOTTT) of 30 April 2012, and section 37 of the Basic Act to combat racial discrimination of 19 December 2011, the latter referring to discrimination on the basis of “ethnic origin”, “phenotype features” and “national origin”. Taking account of the fact that “national origin” is defined as “nationality of birth or the nationality acquired under specific circumstances”, the Committee once again wishes to emphasize that this formulation does not completely cover the concept of “national extraction” provided for in the Convention, since it would not cover cases of discrimination among persons who, though of the same nationality – and without presenting a specific ethnic origin or phenotype features – are of foreign birth or origin, are descendants of foreign immigrants or belong to groups of different extraction. In this regard, the Committee refers to its general observation of 2018 on discrimination on the basis of race, colour and national extraction. The Committee firmly urges the Government to take the necessary steps to ensure that the legislation explicitly includes national extraction as one of the prohibited grounds of discrimination. The Committee asks the Government to provide information on any measures taken or envisaged in this respect.
The Committee is raising other matters in a request addressed directly to the Government.

C144 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations, concerning the application of the Convention in law and in practice, of the Independent Trade Union Alliance Confederation of Workers (CTASI) of 31 August 2021; and the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), with the support of the International Organisation of Employers (IOE), of 1 September 2021; as well as the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP), of 8 September 2021. The Committee requests the Government to provide its comments thereon.

Follow-up to the recommendations of the Commission of Inquiry (complaint made under article 26 of the Constitution of the ILO)

In its previous observation, the Committee noted the conclusions and recommendations of the report of the Commission of Inquiry concerning the implementation of the Convention. The Committee notes the discussion at the 343rd Session (November 2021) of the Governing Body on the examination of all measures, including those provided for in the ILO Constitution, required to ensure that the Bolivarian Republic of Venezuela complies with the recommendations of the Commission of Inquiry, and the decision adopted in this regard. The Committee notes that the Governing Body will again consider at its 344th Session (March 2022) the Government’s progress in ensuring compliance with the recommendations of the Commission of Inquiry and will continue examining possible measures to achieve this objective.
Articles 2, 5 and 6 of the Convention. Effective tripartite consultations. The Committee recalls that the Commission of Inquiry recommended, through tripartite dialogue with the representative organizations of employers and workers: (i) the establishment of effective tripartite consultation procedures, and (ii) the institutionalization of dialogue and consultation covering the subjects envisaged in all ratified ILO Conventions or relating to their application. In its previous observation, having regretted to note that no progress had been made either in complying with the Convention or in implementing the recommendations of the Commission of Inquiry, the Committee encouraged the Government to engage in the widest possible tripartite consultations and social dialogue and invited it to provide updated information on the measures taken in this respect, including on capacity-building measures for the tripartite constituents and measures to reinforce mechanisms and procedures, and on the identified challenges and good practices.
The Committee notes the Government's indication that, within the framework of its renewed policy of national dialogue with all sectors of the country, in accordance and in order to improve compliance with the Convention, it has been conducting wide and inclusive dialogue with all employers' and workers' organizations. In this regard, the Government indicates that: (i) since early 2021, dialogue round tables have been established with the various employers' and workers' organizations, in a climate of respect and goodwill, to address matters related to the Conventions concerned by the Commission of Inquiry, with a view to reaching solutions and continuing to make progress in accordance with the obligations established in the Convention. This invitation was answered by FEDECAMARAS, the Venezuelan Federation of Craft, Micro, Small and Medium-sized Business Associations (FEDEINDUSTRIA), the CBST-CCP, the CTASI, the General Confederation of Labour (CGT), National Union of Workers of Venezuela (UNETE), the Confederation of Autonomous Trade Unions (CODESA, which submitted a document and withdrew), as well as the Confederation of Workers of Venezuela (CTV, which sent a communication declining to attend the dialogue proposed as a dispute settlement mechanism); (ii) meetings were subsequently held in response to the social partners’ requests and, as of May 2021, a forum designated the Meeting for National Dialogue on the World of Work was held virtually through six working sessions, one of which was devoted to matters relating to the implementation of the Convention; and (iii) during these sessions, the partners were able to express their views and make extensive presentations on matters relating to the implementation of the Convention, in a climate of respect and goodwill, with wide participation of a number of them: FEDECAMARAS, FEDEINDUSTRIA, CBST-CCP, the CTASI, UNETE, CTV (which took part in the first two sessions), CODESA (which attended the first session only), and CGT (which expressed interest but had connection problems).
In this respect, the Committee welcomes the actions that, in the context of these forums for dialogue, the Government indicates it has undertaken or will carry out to ensure compliance with the Convention and to strengthen social dialogue. The Committee encourages the Government to continue with these actions:
  • (i) referral to the National Assembly of the Committee's comments on the revision of laws and standards implementing ILO Conventions, as well as the Government's commitment to engage in consultations with the social partners on draft laws, or their respective reforms initiated by the National Assembly relating to international labour standards (to this end, the social partners were formally consulted on suggestions and recommendations regarding draft laws or reforms currently on the legislative agenda, and the Ministry of People’s Power for the Social Process of Labour (MPPPST) undertook to act as a liaison between the legislature and the social partners);
  • (ii) the establishment of three technical working groups between the social partners and the Government on the application of the Conventions concerned by the Commission of Inquiry, to develop specific proposals on methods and procedures referred to in the texts of the Conventions while taking into account national realities. The Government indicates that these technical working groups started their work on 30 July 2021 and continued on 17 and 18 August 2021, and indicates that a general discussion was held on enhancing procedures to comply with the Convention;
  • (iii) virtual coordination meetings in May 2021 with the various social partners, employers and workers, to report on the progress of the 109th International Labour Conference, including its special format, agenda items and the composition of delegations. The Government indicates that additional coordination meetings are planned for the second part of the 109th Conference (25 November–11 December 2021);
  • (iv) referral to the National Assembly of the list of international labour standards adopted by the Conference pending ratification, with a view to furthering consultations on those standards, in accordance with the Convention. In this regard, in March 2021, the National Assembly approved an Agreement for the revision and evaluation of ILO Conventions, through which the competent Ministries were urged to take measures to ensure the participation of workers, employers and other public authorities. Also in March, the MPPPST initiated the consultation process on the Violence and Harassment Convention, 2019 (No. 190), submitting an evaluative instrument on the Convention to the social partners in April 2021, together with the national legal framework and ILO documentation on the instrument (at the time of writing, responses have been received from three of the eight organizations consulted); and
  • (v) consultation with the social partners on the content of the reports on Conventions Nos 1, 22, 26, 27, 87, 95, 100, 111, and 144, starting on 18 August 2021 with a presentation on each subject and a deadline for submission prior to the deadline set by the ILO.
The Government also indicates that: (i) it plans to hold a forum, with the participation of ILO technical representatives, to discuss the progress made in the framework of the Meeting for National Dialogue on the World of Work and the technical working groups for the improvement of compliance with the Conventions that are concerned by the Commission of Inquiry; (ii) other spaces for dialogue have been opened between the social partners and the executive authorities, such as the invitation of the Executive Vice-President of the Cabinet to FEDECAMARAS to attend the Higher Council of Productive Economy, with a meeting that took place on 30 July 2021 and which was attended by representatives of FEDECAMARAS and FEDEINDUSTRIA, as well as other productive sector associations in agri-food, fisheries and agriculture; and (iii) spaces for dialogue are being created with other public authorities, such as the dialogue initiated in early 2021 with the new leadership of the National Assembly, through the Special Committee for Dialogue, Peace and National Reconciliation, in which various workers' and employers' organizations have participated.
While noting that the CBST-CCP similarly highlights the spaces for dialogue referred to by the Government as progress, the Committee also notes the other social partners’ observations (FEDECAMARAS and CTASI) that the exploratory tripartite and bipartite dialogue carried out has not yet translated into tangible progress, nor does it meet the criteria established in the recommendations of the Commission of Inquiry, given the lack of minutes, independent chairing, methodology for a results-oriented agenda or ILO assistance. Furthermore, FEDECAMARAS indicates that a number of the planned mechanisms, such as the coordination of consultations with regard to the National Assembly’s legislative agenda, have not yet been implemented; the CTASI also emphasizes that it is of fundamental importance for the dialogue to ensure the full freedom of all trade unionists and leaders being restricted under judicial proceedings, and freedom from interference in their organizations’ autonomy.
While duly noting the above developments, the Committee refers to the recommendations of the Commission of Inquiry and requests the Government, in consultation with the social partners and with the assistance of the ILO, to take additional measures for the proper functioning of effective tripartite consultation procedures, including mechanisms to institutionalize dialogue and consultation. The Committee invites the Government to continue providing updated information on the measures taken in this respect in accordance with the Convention, and the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), including on the consultations undertaken, the nature and form of the procedures established, the measures to strengthen these mechanisms and the capacity-building measures for the tripartite constituents, taking national circumstances into account, and the good practices and challenges that have been identified.
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