Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 1(1)(a) of the Convention. Legislation. In its previous comment, the Committee referred to section 21 of the Basic Act concerning labour and men and women workers (LOTTT), of 30 April 2012, and section 37 of the Basic Act to combat racial discrimination of 19 December 2011. It noted that neither national extraction nor colour are among the prohibited grounds of discrimination under the LOTTT. It also noted that, although the Basic Act to combat racial discrimination defines phenotype as any observable physical characteristic of an individual, which therefore includes “colour”, it also defines “national origin” as the nationality of birth or the nationality acquired under specific circumstances, which corresponds to “nationality” rather than “national extraction”. In its General Survey on the fundamental Conventions, 2012, paragraph 764, the Committee explained that discrimination based on national extraction may be directed against persons who are nationals of the country in question, but have acquired their citizenship by naturalization or who are descendants of foreign immigrants, or persons belonging to groups of different national extraction living in the same State. Distinctions made between citizens of the same country on the basis of foreign birth or origin is one of the most evident examples. Recalling that when legislation is adopted to give effect to the principle of the Convention, it should include at least all the grounds of discrimination set out in Article 1(1)(a) of the Convention, the Committee once again asks the Government to take the necessary steps to include “national extraction” as one of the prohibited grounds of discrimination on the occasion of a future legislative revision. It asks the Government to provide information on any developments in this regard.

Gender discrimination. Sexual harassment. In its previous comments, the Committee referred to the legislative provisions respecting sexual and work-related harassment, including sections 164 and 165 of the LOTTT, section 56 of the Basic Act on prevention, working conditions and the working environment (LOPCYMAT), of 30 June 2005, and section 15(2) of Basic Act on the right of women to a life free from violence (LODMVLV), of 25 November 2006, as amended. The Government indicates in its report that the Office of the Public Prosecutor receives complaints, imposes the penalties established by law and undertakes awareness-raising campaigns for workers and employers on the legislation that is in force and on the available complaints mechanisms. The Committee notes that the Government confines itself to indicating that the National Institute for Occupational Prevention, Health and Safety (INPSASEL) has statistics available on complaints of sexual harassment at work, the action taken, penalties imposed and compensation granted, although it does not provide these statistics. The Committee asks the Government to continue adopting and implementing awareness-raising and training programmes for the institutions responsible for receiving complaints, particularly on sexual harassment in its two forms, namely quid pro quo and hostile working environment. It also asks the Government to provide information on the effect given to section 56 of the LOPCYMAT and to undertake awareness-raising campaigns for workers and employers on the legislation in force and the complaint mechanisms available. The Committee asks the Government to provide statistical data on the complaints of sexual harassment at work examined by the INPSASEL, the action taken, penalties imposed and compensation granted.

Article 1(1)(b). Discrimination on grounds of HIV status. In its previous comment, the Committee noted the adoption of the Act on the promotion and protection of the right to equality of persons with HIV and AIDS and their family members, of 30 December 2014. The Committee notes the information provided by the Government in relation to sections 23 (equality in respect of the right to work), 24 (guaranties of equality at work), 25 (employment security), 26 (guaranties of equality in respect of occupational safety and health) and 27 (the guarantee of equality in respect of social security) of the Act. The Committee once again asks the Government to provide information on any complaints concerning discrimination, including any violations of the prohibition on mandatory HIV testing to enter or remain in employment, the action taken on such complaints, sanctions imposed and remedies provided.

Articles 2 and 3(f). National gender equality policy. The Committee notes the information provided by the Government in its report on the constitutional and legal provisions in force in relation to gender equality, and the objectives of the “Mamá Rosa” Gender Equality and Equity Plan 2013–19. The Government indicates that, through the National Women’s Productive Development Fund, established in 2013, which has the objective of promoting the inclusion of women in economic activity, 5,862 socio-productive projects or initiatives in the field of agriculture have been financed for the benefit of 5,398 women at the national level. The Government also refers to the results of the National “Soy Mujer” Programme, launched in May 2016, with the principal objective of the inclusion of women in the national production processes identified as drivers in the Bolivarian Economic Agenda. Through this Programme, 2,288 credits have been granted throughout the national territory. The Government adds that, in March 2017, the President of the Republic instructed the national public banking sector to devote 45 per cent of its credit portfolio to women or women’s organizations for socio-productive initiatives. The Government adds that, through the “Country’s Households” Grand Mission, by March 2017, over 97,588 women had benefited throughout the national territory. The beneficiaries are employed in household work, have dependants (daughters, sons, mothers, fathers or other family members) and families and either do not receive income of any type or their income is below the cost of the food basket. In its General Survey on the fundamental Conventions, 2012, paragraph 847, the Committee indicated that continual monitoring assessment and adjustment is required, not only of the measures in place to promote equality, but also of their impact on the situation of protected groups and the incidence of discrimination. The Committee once again asks the Government to provide information on the implementation of the Mamá Rosa Gender Equality and Equity Plan 2013–19, specifying the results achieved and the obstacles encountered in the application of the Convention. The Committee once again asks the Government to provide information on the activities undertaken by the National Gender Justice Commission to combat discrimination in employment and occupation. It also asks the Government 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.