Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Venezuela (Bolivarian Republic of) (Ratification: 1971)

Article 1 of the Convention. Legislation. The Committee notes the adoption, on 7 May 2012, of the Basic Act concerning labour and men and women workers (LOTTT), which establishes the guarantee of gender equality and equity in selection, training, promotion and job stability, vocational training and remuneration, and promotes the equal participation of women and men in management. The Act prohibits job vacancies which are contrary to the principle of non-discrimination at work and bans mandatory pregnancy testing for securing employment. The Act also establishes protection against discrimination on the basis of race, sex, age, civil status, trade union membership, religion, political opinion, nationality, sexual orientation, disability or social origin. However, the Committee notes that the LOTTT does not cover colour and national extraction. The Committee recalls in this respect that when legal provisions are adopted to give effect to the principle of the Convention, they must include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 802). The Committee requests the Government to take the necessary measures to ensure that men and women workers enjoy, in law and in practice, adequate protection against discrimination on the basis of at least all the grounds set out in Article 1(1)(a) of the Convention, including colour and national extraction, and to provide information on this subject.

Article 2. National gender equality policy. In its previous comments, the Committee asked the Government to provide information concerning the impact of the Equality Plan for Women 2009–13 on the application of the Convention. The Committee notes the information supplied by the Government to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), to the effect that, as part of the above Plan, financial allocations and microcredits have been granted to women, including indigenous women, with a view to their economic integration; women’s political participation has increased considerably (three of the five government branches are headed by women, including the judiciary, as are 70 per cent of communes); and training activities with gender mainstreaming have been implemented (CEDAW/C/VEN/Q/7-8/Add.1, 23 June 2014, paragraphs 6–12). The Committee also notes the adoption of the third Gender Equality and Equity Plan (for 2013–19), the strategic objectives of which are to achieve the equal participation of men and women in political, economic and social life, and to increase the number of women in the different productive, strategic and non-traditional sectors. The Committee also notes the establishment in 2010 of the National Gender Justice Commission, the function of which is to guarantee equality and non-discrimination and formulate judicial policies to optimize the system of gender justice. It also notes the publication in 2011 of the “Gender indicators bulletin” by the National Institute of Statistics. The Committee requests the Government to take steps to ensure the systematic evaluation of adopted plans and programmes in terms of their impact on promoting equality and eliminating discrimination. The Committee also requests the Government to send specific information, including statistics, on the implementation of the Gender Equality and Equity Plan 2013–19 and its impact, and on any obstacles faced in the application of the Convention. The Government is also requested to provide information on the specific activities of the National Commission for Gender Justice aimed at tackling discrimination in employment and occupation, and to provide information on the adoption, implementation and impact of plans and policies relating to the other grounds of discrimination set out in Article 1(1)(a) and (b) of the Convention.

HIV/AIDS. The Committee once again requests the Government to provide information on any complaints made concerning violations of the prohibition on mandatory HIV testing for securing or retaining employment, and on any administrative or court decisions issued in this respect.