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

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Venezuela (Bolivarian Republic of) (Ratification: 1983)

The Committee notes that, at its 329th Session (March 2017), the Governing Body declared admissible a complaint alleging the non-observance by the Bolivarian Republic of Venezuela of Conventions Nos 26, 87 and 144, presented by a group of Employers’ delegates to the 104th Session of the International Labour Conference (2015), pursuant to article 26 of the ILO Constitution. At the abovementioned session, the Governing Body noted the information provided by the Government regarding efforts made to strengthen social dialogue with the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS); however, it regretted the lack of progress in the establishment of a social dialogue round table and action plan referred to in the past by the Governing Body, and recalled that the recommendations made by the high-level tripartite mission that visited the country in 2014 had still not been implemented. Therefore, the Governing Body urged the Government to take measures to ensure that there were no acts of interference, aggression and stigmatization against FEDECAMARAS, its affiliated organizations and their leaders, and to institutionalize without delay a tripartite round table, with the presence of the ILO, to foster social dialogue for the resolution of all pending issues. Subsequently, at the 331st Session of the Governing Body (October–November 2017) the Government reiterated its commitment to social dialogue, and informed of two meetings, held on 19 and 25 October 2017, between the Government and the new board of FEDECAMARAS. The Committee welcomes the Government’s acceptance, through its communication of 24 November 2017 and its annexes, following the 331st Session of the Governing Body, of an ILO high-level tripartite mission to the country, and the establishment of a tripartite round table, with the presence of the ILO. The Committee firmly expects that the Government will adopt without delay the necessary measures to enable the high-level tripartite mission to take place, as well as for the establishment of a tripartite round table with the presence of the ILO, and expresses the hope that these measures will lead in the near future to the resolution of all pending issues.

With respect to its previous comments in 2015, the Committee notes the observations formulated jointly by FEDECAMARAS and the International Organisation of Employers (IOE), received on 18 May 2016, 31 August 2016 and 31 August 2017. The Committee further notes the observations presented by the confederations of workers, the National Union of Workers of Venezuela (UNETE), the Confederation of Workers of Venezuela (CTV), the General Confederation of labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), received on 8 September 2016 and 18 September 2017. It also takes note of the observations made by the Independent Trade Union Alliance Confederation of Workers (CTASI), received on 23 and 26 August 2016 and 18 September 2017. The Committee notes the responses of the Government to the observations of the social partners, which were received on 11 November 2016 and 24 November 2017.

Articles 2, 5 and 6 of the Convention. Effective tripartite consultations. The Committee notes the information provided in the Government’s report concerning the establishment of the National Council of Economic Productivity on 19 January 2016, whose participants include representatives of the Government, workers’ organizations and enterprises and chambers affiliated to FEDECAMARAS. The Committee notes, however, that employers’ organizations maintain in their observations that FEDECAMARAS, despite its representativeness, as is the case of the independent trade unions, has not been invited to participate in the abovementioned Council. On the other hand, the Government indicates that meetings took place between representatives of the Government and of FEDECAMARAS on 8 and 14 October 2015, 11 and 31 January 2017, and on 19 and 25 October 2017. Moreover, the Government indicates that its representatives and those of FEDECAMARAS have exchanged written communications in which both parties have manifested their willingness to continue the dialogue process. In their observations, the IOE and FEDECAMARAS reiterate that the meetings and communications mentioned by the Government do not constitute a consultation or executive dialogue mechanism. They also maintain that there are no institutionalized social dialogue structures in the country, nor has a tripartite dialogue round table been established, as recommended in the report of the high-level mission of 2014. In this respect, the employers’ organizations highlight that the Government has adopted important measures in the area of labour without prior consultation with the social partners, such as Executive Decree No. 2158 of 28 December 2015, increases in the minimum wage and the socialist food benefit for men and women workers, as well as the approval of a State of Economic Emergency on 14 January 2016. FEDECAMARAS reiterates that it is not requesting exclusive dialogue, but simply that it be included in the consultations that the Government maintains that it is holding with the social partners. In response, the Government indicates that FEDECAMARAS is referring to a lack of consultation in areas that fall outside the scope of application of the Convention. Moreover, it indicates that the highlighted measures were adopted following discussions in the National Economic Productivity Council. On the other hand, UNETE, CTV, CGT and CODESA maintain that the Government does not transmit copies of its reports on ratified Conventions to the workers’ confederations or, alternatively, it transmits such copies only after they have been communicated to the ILO, thereby preventing the workers’ confederations from making inputs into the reports. The Committee requests the Government to provide information on the consultations held with respect to each of the matters relating to the international labour standards covered under Article 5(1) of the Convention. The Committee further requests the Government to communicate information on the effective consultations held with social partners on the manner in which the functioning of the procedures required by the Convention could be improved. In addition, and in the context of the procedures required by the Convention, the Committee expresses the hope that the Government will take measures to establish a reasonable time period that will provide sufficient advance notice to enable employers’ and workers’ organizations to form their opinions and make the comments that they consider appropriate in relation to the drafts communicated by the Government, in accordance with Article 5(1).