In its previous observation on these instruments, the Committee addressed important issues of the transition towards a reformed social security system to be based on sound principles of good governance and social dialogue. According to the Government, although all the implementing legislation foreseen by the Organic Law on the social security system (LOSSS) of 2002 has not been adopted within the five-year time frame initially foreseen, namely that on the health and pensions schemes, there has been progress in 2012 as the social security institutions foreseen in the LOSSS such as the Social Security Treasury and the Superintendencia de Seguridad Social have been established. In reply to the Committee’s requests concerning the new time frame set for the adoption of the legislation implementing the LOSSS, the Government indicates that, pending the adoption of the new legislation, the previously applicable legal framework, including the amended Social Insurance Act of 1967, remains in force. Taking note of the above, the Committee would like to draw the Government’s attention to the points below.

I. Observations by the workers’ organizations

Referring to its previous comments, the Committee notes the Government’s report as well as the new observations supplied by the Independent Trade Union Alliance (ASI) on 22 and 26 August 2016 as well as those jointly supplied by the National Union of Workers of Venezuela (UNETE), the Confederation of Workers of Venezuela (CTV), the General Confederation of Venezuelan Workers (CGT) and the Confederation of Autonomous Trade Unions (CODESA) on 12 October 2016. The Committee notes the important issues raised by the ASI in its observations to which the Government has not responded, namely: difficulties in gaining access to information which is an obstacle to effectively engaging in monitoring the rate of coverage and the management of the social security system; lack of representation of workers in either the Venezuelan Social Insurance Institute (IVSS) or the other public institutions, such as the National Institute for Prevention, Occupational Safety and Health (INAPSASEL) and the National Institute for Socialist Educational Cooperation (INCES); discordant statistics, lack of medical supplies or delays in the payment of pension increments which is only partially compensated by measures aimed at guaranteeing food security to the most vulnerable segments of the population; the legislation foreseen by the LOSSS which generates legal inconsistencies; and procedural difficulties encountered by users of the social security system in asserting their rights before the courts, as the Supreme Court of Justice (TSJ) has given contradictory indications with relation to the development that should characterize the implementation of the fundamental right to social security, particularly through delays in procedures and reversals of case law. The Government has also failed to reply to the numerous observations made previously by the ASI and the CTV stating that these organizations are not the most representative in the national context. The Committee sees no indication that the Government has engaged with the social partners in effective social dialogue relating to the implementation of the reform of the social security system. Recalling that successful reform of social security requires effective involvement of the social partners, the Committee asks the Government to provide a detailed reply in its next report to the comments and criticisms made by the trade union organizations.

II. Medical care

As regards health protection, the report signals the adoption in 2014 of the Act on the Patriot Plan which provides for the progressive articulation of all levels of health protection, promotion, prevention and rehabilitation in the framework of the Areas de salud integral comunitarias over the period 2013–19. The report further makes reference to the creation in 2015 of the Red de Atencion Comunal de Salud (Official Gazette No. 40.723 of 13 August 2015) which establishes the list of medical entities forming part of the public national health system and aims at reforming the structure and functioning of health services with a view to ensuring universal coverage of the population. In view of the constitutional objective of the integration of the health system into the social security system, the Committee would like the Government to indicate how the newly established health protection network is articulated with that administered by the IVSS and to provide statistical information on the amount of out-of-pocket payments made by beneficiaries accessing health care.

Also, recalling that the 1967 Act on social insurance is not adequate to guarantee that full effect is given to Convention No. 130, the Committee regrets that the report does not provide the information requested previously, and once again asks the Government to supply a detailed report on that Convention, indicating the manner in which the numerous legislative measures which have been adopted in recent years give effect to each of its provisions, including on the following points in particular:

- Articles 10 and 19 (in conjunction with Article 5) (the need for effective coverage of either all employees and their dependants, or 75 per cent of the economically active population and their dependants);
- Article 13 (the need to provide copies of the laws and regulations specifying the medical care provided to the persons protected, in compliance with the minimum levels envisaged by this provision of the Convention);
- Article 16(1) (the need to bring section 127 of the General Regulations of the Act on social insurance into conformity with the established practice of the IVSS, which consists of providing medical assistance throughout the contingency);
- Article 16(2) and (3) (the need to provide a copy of any decision, circular or administrative rule of the IVSS setting out the practice which consists of providing medical care when the beneficiary is no longer part of one of the groups of protected persons in the case of sickness which began when the person concerned was still part of that group);
- Article 28(2) (the need to amend section 160 of the General Regulations of the Act on social insurance, under which the pension is suspended when the contingency is a result of a violation of the law, a crime or an offence against morals or decency; and
- Article 22, in conjunction with Article 1(h) (concerning the level of cash sickness benefits).

III. Pensions and other cash benefits schemes

The Committee regrets to note that the Government has not provided the detailed information requested by the report forms under Conventions Nos 121 and 128 enabling it to assess the scope and level of benefits. As mentioned in the Committee’s previous comments related to the levels and coverage of pensions and other social security benefits, statutory social security benefits are still governed by the 1967 Act on social insurance, as amended. The Government indicates that the latest partial amendment to this Act in 2012 resulted in the extension of coverage to self-employed persons. As of 2015, 41.3 per cent of the population was insured with the IVSS and the number of pension beneficiaries from the various schemes put in place (IVSS for the contingencies of old age, invalidity, survivors; Amor Mayor non-contributory old-age pensions; etc.) grew by 527 per cent in the last 15 years. The Committee takes due note of this spectacular result. It also notes however the observations made by the ASI concerning the lack of verifiable statistical data on coverage, the erosion of benefits due to the high inflationary context, the fact that the Social Security Treasury, despite having been created, is still not totally operational, and questions the approach followed by the Government to extend coverage through uncoordinated efforts lacking an integrated legal framework and largely driven by electoral intent. The Committee once again requests the Government to provide detailed reports on Conventions Nos 102 (Parts II and VIII), 121 and 128 indicating the manner in which the national legislation and practice gives effect to each of the provisions of these Conventions based on the report form approved by the Governing Body of the ILO. In particular:

- With regard to the level of benefits: please demonstrate that cash benefits are of a level that is in conformity with the minimum established by Convention No. 121 in relation to employment injury benefit (Articles 13, 14(2) and 18(1), in conjunction with Article 19); and by Convention No. 128 in relation to old age, invalidity and survivors’ benefits (Articles 10, 17 and 23, in conjunction with Article 26).
- With regard to Convention No. 121: Article 4 (the need to cover effectively all employees (including apprentices) in the public and private sectors, including cooperatives, and, in the event of the death of the family breadwinner, the prescribed categories of beneficiaries); Article 7 (the need to indicate the conditions under which a commuting accident shall be considered to be an industrial accident giving entitlement to compensation under the social security legislation); Article 8 (the establishment of a list of occupational diseases in accordance with the Convention); Article 10(1) (the need to take the necessary measures to determine explicitly in the legislation the types of medical care provided by the IVSS to insured persons, which shall include at least the care enumerated in the Convention); Article 18 (in conjunction with Article 1(e)(i)) (the amendment of section 33 of the Act on social insurance with a view to raising from 14 to 15 years the age up to which children shall be entitled to a survivors’ pension); Article 21 (the need to provide the statistical data required in the report form as a basis for assessing the real impact of the adjustment of pensions, taking into account variations in the general level of earnings and in the cost of living); Article 22(1)(d) and (e) and (2) (the need to amend section 160 of the General Regulations of the Act on social insurance, under which the pension shall be suspended when the contingency is due to a violation of the law, a crime or an offence against morals or decency).
- With regard to Convention No. 128: Article 21(1) (in conjunction with Article 1(h)(i)) (the need to amend section 33 of the Act on social insurance to raise from 14 to 15 years the age up to which children shall be entitled to a survivors’ pension); Article 29 (the need to provide the statistical data required in the report form as a basis for assessing the real impact of adjustments of pensions, taking into account variations in the general level of earnings or in the cost of living); Article 32(1)(d) and (e) (the need to amend section 160 of the General Regulations of the Act on social insurance, under which the pension shall be suspended when the contingency is due to a violation of the law, a crime or an offence against morals or decency); Article 32(2) (the need to provide that when benefits are suspended, a proportion shall be provided to the dependants of the beneficiary); and Article 38 (indicate any increase in the number of employed persons protected in the agricultural sector).
- With regard to Convention No. 102: Articles 50 and 52 (in conjunction with Article 65) (the need to bring section 143 of the General Regulations on social security into line with section 11 of the Act on social insurance).