Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Abolition of Forced Labour Convention, 1957 (No. 105) - Venezuela (Bolivarian Republic of) (Ratification: 1964)

Article 1(a) and (d) of the Convention. Imposition of sentences of imprisonment involving the obligation to work as a punishment for expressing political opinions or views ideologically opposed to the established political, social or economic system or as a punishment for having participated in strikes. In its previous comments, the Committee noted that persons sentenced to a penalty of deprivation of liberty of presidio or prisión are subject to the obligation to work. Only persons sentenced to a penalty of arresto are excluded from the obligation to work (sections 12, 15 and 17 of the Penal Code). Recalling that the Convention prohibits the imposition of work, including prison labour, as a punishment on persons who express political views, the Committee requested the Government to provide information on the application in practice of the following provisions of the Penal Code which establish penalties of prisión for certain forms of behaviour:

• -offending or showing a lack of respect for the President of the Republic or for a number of public authorities (sections 147 and 148);
• -public denigration of the National Assembly, the Supreme Court of Justice, etc. (section 149);
• -offending the honour, reputation or prestige of a member of the National Assembly or a public servant, or of a judicial or a political body (sections 222 and 225); proof of the truth of the facts is not admitted (section 226);
• -defamation (sections 442 and 444).

In its report, the Government specifies that under the terms of the Constitution and the Basic Labour Act, in the Bolivarian Republic of Venezuela, labour is considered to be voluntary and free from any coercion. It cannot be required as a disciplinary measure, or a punishment for expressing political opinions as there exist constitutional guarantees in the social, civil and political fields setting forth the rights of citizens. Similarly, forced labour cannot be imposed as a punishment for participating in a strike. Workers may withdraw their labour on condition that they comply with the procedures envisaged in that respect and that they ensure essential and minimum services.

The Committee notes this information. It recalls that, where the national legislation provides for the obligation to work for persons convicted to sentences of imprisonment, as is the case in the Bolivarian Republic of Venezuela for penalties of presidio and prisión, provisions of the legislation which lay down limits or restrictions on the exercise of certain civil rights or public freedoms, the violation of which may be punished by sentences of imprisonment, have an effect on the application of the Convention. Indeed, persons who do not comply with these limits could be convicted to a sentence of imprisonment and, accordingly, be subjected to compulsory labour.

In this regard, the Committee recalls that it noted that the Inter-American Commission on Human Rights (IACHR) had on several occasions expressed concern at the situation with regard to freedom of thought and expression in the Bolivarian Republic of Venezuela and noted information attesting to a trend of acts of reprisal against individuals who express public disapproval of government policies; a trend to take disciplinary, administrative and penal action against the media and journalists; the use of the punitive power of the State to criminalize human rights defenders, judicialize peaceful social protests and bring criminal prosecutions against persons considered by the authorities to be political opponents (OEA/Ser.L/V/II. Doc. 54 of 30 December 2009, and OEA/Ser.L/V/II. Doc. 5 corr. 1 of 7 March 2011). Similarly, the Confederation of Workers of Venezuela (CTV) referred to several provisions of the national legislation which restrict the exercise of the right to strike and can serve as a basis for criminalizing social protest through high fines as well as sentences of imprisonment against persons who, in the exercise of the right to strike, paralyse the activities of an enterprise. The criminalization of legitimate trade union activities was also a cause for concern for this Committee and the Committee on the Application of Standards of the International Labour Conference in the context of their supervision of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

The Committee observes that, in its latest annual report (2012), the IACHR considered that the situation remained a matter of concern and decided to include the Bolivarian Republic of Venezuela in Chapter IV of its report devoted to countries whose human rights practices merit special attention. The IACHR recommended that the Government refrain from making reprisals or using the punitive power of the State to intimidate or sanction individuals based on their political opinions, guarantee the conditions necessary for defenders of human rights and trade union rights to be able to engage freely in their activities, and refrain from taking any action or adopting any new legislation that would limit or impede their work.

In view of the above considerations, the Committee once again requests the Government to take all the necessary measures to ensure that no one who, in a peaceful manner, expresses political views, opposes the established political, social or economic system or who participates in a strike can be sentenced to imprisonment, under the terms of which compulsory labour could be imposed. It also requests the Government to provide information on the application in practice of the provisions of the Penal Code referred to above, as well as copies of court decisions based thereon and an indication of the facts that gave rise to the convictions. Finally, noting that in August 2013 the National Assembly adopted a new Basic Prison Code, which does not yet appear to have been promulgated, the Committee requests the Government to indicate whether the adoption of this text affects the requirement to work of persons convicted to a sentence of presidio or prisión.