Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Migration for Employment Convention (Revised), 1949 (No. 97) - Venezuela (Bolivarian Republic of) (Ratification: 1983)

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the Government’s indication that as a result of the implementation of the Regulations on the regularization and naturalization of foreign nationals present on the national territory, it has been possible to grant residence to 435,291 persons and 516,079 persons have been naturalized. The Government adds that although the National Commission on Migration is not operational at present, the various Ministries of People’s Power responsible for internal and external relations, defence, labour, communes and education, together with the National Institute of Statistics, cooperate on the coordination of joint policies, action and measures for the benefit of migrant workers. The Committee highlights the fact that the existence of a body with a specific focus on migrant workers might help to improve monitoring of their situation. The Committee requests the Government to indicate whether measures have been taken or are planned with a view to reviving the National Commission on Migration. The Committee also requests the Government to provide detailed information on the policies adopted and action taken by the various government bodies referred to above for the benefit of migrant workers and on the implementation of the Foreign Nationals and Migration Act. The Committee further requests the Government to continue to provide information on the implementation of the Regulations on the regularization and naturalization of male and female foreign nationals, including the number of persons who have obtained residence or have been naturalized.

General agreements and special arrangements. The Government states that an agreement concerning the abolition of visa requirements was concluded with the Russian Federation in 2009 and a statute on migration was concluded with Ecuador in 2010. The Committee requests the Government to continue to provide information on general agreements and special arrangements concluded by the Government and to provide a copy of these agreements. The Committee also requests the Government to provide information on the content and the implementation of agreements on economic and political integration which facilitate immigration and ease requirements regarding employment for workers from Latin American countries referred to in its previous report.

Articles 2 and 7. Services and assistance for migrant workers. The Committee notes the Government’s statement that the Labour Migration Bureau operates through the Directorate for Labour Migration at the Ministry of People’s Power for Labour and Social Security, which has responsibility at the national level. The Committee requests the Government to provide more detailed information on the specific activities of this Bureau and the services that it provides for migrant workers and whether these services are provided free of charge. The Government is also requested to send information on cooperation between the Labour Migration Bureau and the corresponding departments of other member States.

Article 6. Equal treatment. The Government indicates that migrant workers have the same rights with regard to training as national workers. The Government adds that Venezuelan labour legislation is applied equally to national and foreign workers. The Committee is examining the issue of access to employment and equal remuneration (sections 27–29 of the Organic Act concerning Labour and Male and Female Workers (LOTTT)) in the context of examination of the application of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). Noting that the information provided by the Government is of a general nature, the Committee again requests the Government to provide information on the manner in which it is ensured that migrant workers who are lawfully within its territory are not treated less favourably than nationals with regard to the matters listed in Article 6(a)–(d) of the Convention.

Statistical information. The Committee requests the Government to provide statistical information, disaggregated by sex, country of origin and sector of activity, on migrant workers resident in the country and Venezuelans who have emigrated for employment.