Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Venezuela (Bolivarian Republic of) (Ratification: 1983)

The Committee notes the observations of the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), received in 2023, as well as the joint observations of the Confederation of Workers of Venezuela (CTV), the General Confederation of Labour (CGT) and the Independent Trade Union Alliance Confederation of Workers (CTASI), received in 2024. The Committee also notes the observations of FEDECAMARAS, the Federation of Chambers and Enterprises of Venezuela (FEDEINDUSTRIA), as well as the joint observations of the CGT and the Federation of University Teachers’ Associations of Venezuela (FAPUV), transmitted by the Government with its report. Likewise, the Committee notes the joint observations of the Confederation of Autonomous Trade Unions (CODESA) and the National Union of Workers of Venezuela (UNETE), received on 1 September 2025; as well as the observations of the CTV, received on 1 September 2025, and the observations of the Single Central Organization of Workers of Venezuela (CUTV), received on 2 September 2025.

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

The Committee notes the discussions held during the 347th, 349th, 350th, 352nd, 353rd and 355th Sessions of the Governing Body (March and October–November 2023, 2024 and 2025) concerning the progress made by the Government of the Bolivarian Republic of Venezuela in ensuring the implementation of the recommendations of the Commission of Inquiry relating to this Convention and to Conventions Nos 26 and 87.

The Committee observes that:

• In 2022, three sessions of the Social Dialogue Forum (hereinafter “the Forum”) were held, during which an action plan aimed at implementing the recommendations of the Commission of Inquiry was adopted and subsequently updated.
• Between November 2023 and early 2024, a Special Adviser of the ILO on the promotion of social dialogue provided support in the country for the implementation of the action plan and the preparation of the fourth session of the Forum.
• The fourth session of the Forum was held in February 2024, during which it was agreed to continue taking measures to deepen and strengthen social dialogue in the country; the action plan was also updated in line with the recommendations of the Commission of Inquiry.
• In 2024, the Office participated virtually, as an observer, in various meetings organized under the action plan. In 2025, the Office was no longer invited to participate, either in person or virtually, in any meeting.

The Committee also notes that during its 355th Session (November 2025), the Governing Body:

• Expressed regret at the lack of progress in implementing the recommendations of the Commission of Inquiry.
• Urged the Government to convene the fifth session of the Forum as soon as possible, in order to continue building trust, promoting social dialogue and fostering national reconciliation and social justice.
• Expressed deep concern that the failure to comply with the commitments made in the action plan agreed within the Forum has resulted not only in a lack of progress but even setbacks.
• Deeply regretted that the Government had not taken the necessary measures to enable an ILO Special Adviser on social dialogue to support the implementation of the action plan and the preparation of the Forum sessions.
• Requested the Director-General to organize a virtual meeting with the Government and the social partners to examine the areas and modalities of cooperation in preparation for the fifth session of the Forum, and to submit a report at its 356th Session (March 2026).

Finally, the Committee refers to its 2025 observation concerning the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in which it notes the above-mentioned information with deep concern, as it indicates a complete lack of progress in implementing the recommendations of the Commission of Inquiry.

Articles 1 and 2 of the Convention. Effective tripartite consultations. The Committee notes that the Government reiterates the following information:

• its commitment to comply with the obligations arising from this Convention;
• the continuous progress in implementing its policy of national dialogue with all productive sectors of the country;
• the broad and inclusive social dialogue is being strengthened with a view to improving the application of international labour standards, in accordance with the provisions of the Convention and the recommendations of the ILO supervisory bodies.

The Government further indicates that:

• social dialogue has been consolidated through the holding of four sessions of the Forum, thereby establishing a modality for dialogue and debate among all actors in the world of work, which has contributed to deepening the foundations of dialogue and rebuilding trust among all participants;
• this practice is reiterated in order to improve the implementation of Conventions Nos 26, 87 and 144, within the framework of the follow-up to the Commission of Inquiry, as well as to discuss other issues related to international labour standards and legislative projects having an impact on the world of work; and
• the practice of drafting minutes of meetings has been established, which are subsequently shared with participants.

The Committee also notes that, in its observations, FEDECAMARAS acknowledges the progress made during the four sessions of the Forum, decisively supported by the permanent presence of the ILO social dialogue expert in the country, whose continued presence is considered essential. FEDECAMARAS emphasizes that, in order to continue advancing in the policy of social dialogue, it is necessary to schedule the next session of the Forum.

Furthermore, FEDEINDUSTRIA states that this Convention has been implemented thanks to: (i) the holding of the Forum since 2021, with the participation of the Government, employers’ and workers’ organizations, as well as the ILO, which has reaffirmed the willingness of the parties to engage in dialogue; (ii) dialogue meetings during which issues such as wage adjustments and proposals for technical tables to improve ratified Conventions were addressed; and (iii) the creation of dialogue tables, ensuring a permanent channel of communication and consultation with actors in the world of work.

For their part, FAPUV, CTV and CGT state that, although the Forum constituted an unprecedented space for communication between the Government and the social partners, it has not produced positive results. In this regard, they maintain that: (i) no concrete solutions have been achieved through effective social dialogue; (ii) no adequate mechanism has been put in place to ensure follow-up of the Forum’s activities and schedule, nor to guarantee compliance with the agreements reached; and (iii) the Forum has not been convened since February 2024.

UNETE, CODESA and CUTV also emphasize that the Social Dialogue Forum has produced neither concrete nor positive results, that tripartite consultations have not been effective and that the agreements reached have not been respected. They denounce non-compliance with the Convention and the lack of Government commitment, indicating that:

• they have been excluded from all meetings and working sessions after the first Social Dialogue Forum, including the second, third and fourth meetings (CUTV was never convened, and UNETE and CODESA were excluded after refusing to sign a document stating that progress had been made in implementing the relevant Conventions);
• the Government has taken no concrete measures to accept and implement the recommendations of the Commission of Inquiry and the Governing Body; and
• they consider it urgent to reactivate the Forum, ensuring the full and effective participation of all trade union confederations, as well as the reinstatement of the assistance of the ILO Special Adviser on social dialogue, whose departure was unilaterally imposed by the Government.

The CTV, CGT and CTASI stress a regression compared to the progress achieved, alleging that: (i) the Government disregards the Forum and creates parallel dialogue bodies; (ii) meetings are convened without an agenda and no minutes are drawn up; (iii) measures to be adopted for each subject are not defined; and (iv) agreed schedules are not respected. They insist on the urgency of reviewing the social dialogue process with ILO technical assistance, given the risk that several actors may withdraw from this dialogue due to non-compliance with commitments and the absence of results.

While taking note of the above-mentioned information, the Committee refers to its 2025 observation concerning the application of Convention No. 87, in which it deplores not only the lack of progress in adopting the requested measures, but also notes a serious regression in the ability to freely exercise trade union rights guaranteed by that Convention. In this regard, the Committee emphasizes that, in accordance with the definition in Article 1 of the Convention, the most representative organizations of employers and workers are those that enjoy the right to freedom of association. The Committee recalls that “[...] the reference to the ‘right to freedom of association’ is intended to ensure that the required consultations take place under conditions that allow representative organizations to express their views freely and independently, which can only be guaranteed by full respect for the principles set out in Conventions Nos 87 and 98 (2000 General Survey on tripartite consultations, para. 40). In light of the foregoing and referring to its comments on the application of Convention No. 87, the Committee urges the Government to take without delay all necessary measures to ensure the holding of effective tripartite consultations with the most representative organizations of employers and workers, enjoying in law and in practice freedom of association, in accordance with the requirements of Articles 1 and 2 of the Convention. The Committee also requests the Government to adopt the necessary measures to ensure compliance with the Convention and to provide information on the date and agenda of the fifth session of the Social Dialogue Forum, as well as on its concrete results regarding the implementation of this Convention. In this regard, the Committee strongly encourages the Government to avail itself of the technical assistance of the Office, in particular through the reinstatement of in-person support by the ILO Special Adviser on social dialogue, in order to ensure the effective reactivation of the Social Dialogue Forum.

Article 5. Purpose of tripartite consultations. The Committee notes the specific actions that the Government indicates it has taken in its report to ensure the implementation of the Convention and to strengthen social dialogue:

• A consultation methodology has been developed for the review of draft reports on ratified Conventions with employers’ and workers’ organizations (Article 5(1)(d)). In August 2025, the draft reports relating to ratified Conventions were sent to the social partners. Subsequently, on 21 August 2025, a virtual meeting was organized to discuss the content of these draft reports, with the participation of the trade union confederations CBST-CCP, CTASI, CTV and CGT, as well as the employers’ organizations FEDECAMARAS and FEDEINDUSTRIA.
• Tripartite consultations were held concerning the composition of tripartite delegations attending the International Labour Conference; the national minimum wage, in accordance with the provisions of Convention No. 26; and the “National Consultation in preparation for the VI Global Conference on the Elimination of Child Labour” in July 2025, organized by the Latin America and Caribbean Regional Initiative for the Elimination of Child Labour, as a contribution to the development of a concerted regional position.
• The social partners actively participate in national social dialogue spaces within the framework of the “Plan of the Seven Major Transformations (7T)” and the revival of the 13 productive sectors.
• Employers’ organizations continue to actively participate in the National Council for Productive Economy, which aims at the structural transformation of the country for its productive recovery.

The Committee notes with regret that the Government limits itself to providing information on consultations convened concerning the content of Article 5(1)(d) and does not provide information on tripartite consultations held on each of the other issues relating to international labour standards required by Article 5(1) of the Convention.

The Committee also notes the information provided by the social partners in their observations on certain specific aspects of the tripartite consultations required by the Convention and for which additional measures are necessary to ensure their implementation and to guarantee that these consultations are effective. In this regard, the Committee notes, concerning consultations on draft reports relating to ratified Conventions (Article 5(1)(d)), that both the workers’ confederations FAPUV, CGT, CTV, CTASI, UNETE and CODESA and the employers’ organization FEDECAMARAS emphasize that these drafts were received late by the social partners and that it is necessary to allow longer timeframes to ensure the effectiveness of consultations. In this respect, FAPUV, CGT, CTV, UNETE, CODESA and CUTV state that: (i) on 19 August 2025, the Government sent the draft reports to the social partners and convened a meeting only a few days later, on 21 August 2025, during which not all draft reports were presented and not all trade union confederations were included; and (ii) it is necessary to define how the observations of the social partners will be taken into account.

Furthermore, UNETE, CODESA and CUTV state that, although since 2024 the draft reports have been sent to the trade union confederations UNETE, CODESA, CTASI, CTV, CGT and CBST, CUTV has been excluded since 2020. Regarding the draft reports for 2023 and 2024, FEDECAMARAS and the trade union confederations CTV, CGT and CTASI maintain that they were also not transmitted with sufficient advance notice to allow for effective discussion. FEDECAMARAS emphasizes that it is necessary to continue developing an effective mechanism for monitoring the dialogue process, so that the items on the agenda can be discussed with the necessary preparation and anticipation to ensure effective dialogue.

The Committee also notes the observations made by the social partners concerning the holding of the tripartite consultations provided for on labour and socio-economic legislation (para. 6 of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152)). FAPUV, CGT, CTV, UNETE, CODESA and CUTV emphasize that these consultations have not been respected, as there was no effective participation in the reform of the Housing and Habitat Act or the Pension Protection Act, the process of which was limited to an expedited questionnaire with extremely short deadlines and their immediate adoption. For its part, FEDECAMARAS further states that: (i) the adoption of the Organic Law on the Homeland Plan 2025–31, which has a considerable economic and social impact, did not include formal consultation with the private sector; (ii) there is no tripartite consultation mechanism for national development laws of such scope; and (iii) it is necessary to make progress in coordination between the Ministry of Labour and the National Assembly in order to be informed in good time of the legislative agenda and to engage in consultation processes concerning legislative initiatives that have an impact on the world of work.

Consequently, the Committee requests the Government to provide detailed information on the content and results of the consultations held on each of the subjects listed in Article 5(1) of the Convention, including:

• (a) the replies to questionnaires concerning the items on the agenda of the International Labour Conference and the comments on draft texts to be discussed by the Conference;
• (b) the proposals to be submitted to the competent authority regarding the submission of Conventions and Recommendations;
• (c) the periodic review of unratified Conventions and Recommendations that have not yet been implemented; and
• (d) any proposals for the denunciation of ratified Conventions.

Furthermore, considering the concerns expressed by the social partners, the Committee requests the Government to provide information on the measures taken to ensure that consultations on draft reports relating to ratified Conventions are carried out in sufficient time to allow for a genuine substantive discussion.