Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) - Venezuela (Bolivarian Republic of) (Ratification: 1983)

1. Part II (Invalidity benefit), Article 10; Part III (Old-age benefit), Article 17; Part IV (Survivor's benefit), Article 23 (in conjunction with Article 26). With reference to its previous comments, the Committee notes the Government's reply to the effect that the Bureau of Statistics on Social Insurance currently only has general data at its disposal concerning the number and amount of pensions paid, according to the type of pension, and that the Venezuelan Social Insurance Institute is undergoing a period of restructuring. While fully aware of the difficulties encountered by the Government, the Committee is bound to recall that the absence of the statistical data required by the report form approved by the Governing Body under Titles I to IV of Article 26 means that it is not able to fully assess the manner in which effect is given to the above Articles of the Convention, which set the level that must be reached by benefits. In these conditions, it once again hopes that the Government will make every effort to compile such statistics so that it is in a position to supply them with its next report.

2. Part IV (Survivors' benefit), Article 21, paragraph 1 (in conjunction with Article 1(h)(i)). In reply to the Committee's previous comments concerning the need to amend section 33 of the Social Security Act in order to raise to 15 the age up to which children shall be entitled to a survivors' pension, the Government states that future national legislation will take into account this requirement set out in the Convention. The Committee notes this information with interest. It hopes that the Government's next report will contain information on the progress achieved in this respect.

3. Part V (Standards to be complied with by periodical payments), Article 29. In reply to the Committee's previous comments, the Government states that in 1993 invalidity, old-age and survivors' pensions were increased by 40 per cent. The Committee notes this information with interest. In order to enable it to assess the real impact of the increases in the level of pensions taking into account fluctuations in the general level of incomes or the cost of living index, it hopes that the Government will be able to supply, as it has already been requested to do on various occasions, the data required under the report form for this Article of the Convention.

4. Part VI (Common provisions). (a) Article 32, paragraph 1(d)(e). The Government states that it has taken due note of the Committee's previous comments concerning the need to bring national law (section 160 of the General Regulations under the Social Insurance Act) formally into conformity with this provision of the Convention, which only authorizes the suspension of benefits where the contingency is due to a criminal offence or to the serious and wilful misconduct of the person concerned. The Committee therefore hopes that the necessary measures will be taken in the near future and that the Government will be in a position to indicate the progress achieved in this respect in its next report.

(b) Article 32, paragraph 2. In its previous comments, the Committee emphasized the need to ensure, in both law and practice, that in the event of the suspension of benefit, part of the benefit shall be paid to the dependants of the person concerned. In its reply, the Government states that the payment of social benefits is not suspended in Venezuela and that all payments are made directly to the beneficiary. However, it recalls that the Venezuelan Social Insurance Institute is undergoing restructuring and states that the Committee's comments have been taken into account. In these conditions, the Committee is bound to reiterate the hope that the necessary measures will be taken to give effect in law and practice to this provision of the Convention.

5. Part VII (Miscellaneous provisions), Article 38. In reply to the Committee's previous comments, the Government states that agricultural workers are covered by the social insurance scheme by virtue of section 1 of the General Social Insurance Regulations. The Committee takes due note of this information. In view of the fact that the social insurance system that is in force in Venezuela has not yet been extended to the whole of the country, the Committee requests the Government to continue supplying the information requested under Article 38, paragraphs 2 and 3, of the Convention with regard to the application of the Convention to the agricultural sector, with an indication of the number of agricultural employees who are actually covered by the social insurance scheme.