Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Forced Labour Convention, 1930 (No. 29) - Venezuela (Bolivarian Republic of) (Ratification: 1944)

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The Committee notes the joint observations of the Confederation of Autonomous Trade Unions (CODESA), the Confederation of Workers of Venezuela (CTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), the Independent Trade Union Alliance Confederation of Workers (CTASI), the National Union of Workers of Venezuela (UNETE), and the United Federation of Workers of Venezuela (CUTV), received on 30 August 2023. The Committee requests the Government to provide its comments in this regard.

Articles 1(1), 2(1) and 25 of the Convention. Conditions of work amounting to forced labour. Situation of Cuban doctors and health workers. The Committee notes the Government’s reiteration, in its report, that Cuban doctors and health workers are working under a health programme implemented within the framework of the cooperation agreement signed with the Republic of Cuba in 2000. In this respect, the Government recalls that it covers the costs of housing, food and domestic transport of the professionals recruited and posted to its territory, and pays, as remuneration, each Cuban doctor or health workers who provides their services within its territory a total equivalent to the current minimum wage in Venezuela. The Government states that their working conditions in no way resemble forced labour and that it does not know the number of Cuban doctors or health workers who have left this programme or the consequences of doing so, as such information falls only under the responsibility of the Republic of Cuba. It adds that, in light of the cooperation agreement, there is no direct contractual relationship of a professional nature between the Venezuelan Government and these Cuban professionals recruited by the Republic of Cuba and, therefore, no complaints from Cuban doctors or health workers have been registered at national level.

The Committee notes that, in their joint observations, CODESA, the CTV, FAPUV, CTASI, UNETE and the CUTV highlight that 20,000 Cuban doctors still work in Venezuela, where they are organized in brigades, posted mainly in areas difficult to access and are, according to their own testimonies, always subjected to strict rules of conduct and surveillance, as well as to considerable restrictions. The trade union organizations add that although, due to the decline in the national economic context, their conditions of work no longer appear very different from those of the deteriorated conditions of work of the Venezuelan population, it would be regrettable if the dramatic situation these workers face was disregarded, owing mainly to the decrease in their number in Venezuela, as a result of a lack of available resources in the country to continue to fund these workers. The Committee requests the Government to take the necessary measures to ensure that Cuban doctors and health workers who carry out their activity in the national territory receive adequate protection, allowing them in particular to terminate their employment relationship and to leave the national territory, without being subjected to any threat of a penalty. In this regard, it once again requests the Government to provide a copy of the cooperation agreement signed in 2000, specifying the mechanisms available to these doctors and health workers in the event of violations of their labour rights and freedoms.

Article 2(2)(d). 1. Requisitioning of workers. The Committee recalls that resolution No. 9855 of 19 July 2016, adopted within the framework of Decree No. 2323 of 13 May 2016 which declared the state of emergency and economic crisis, establishes a special transitional labour regime, through the establishment of a system where public or private sector bodies deemed by the Government to need special measures to increase their production may request a specific number of workers from public or private enterprises, which are required to make the requested workers available. In these circumstances, requisitioned workers can be transferred from their job at the request of a third enterprise, without being able to give their consent, for a renewable 60-day period. The Committee notes that the Government once again indicates that this resolution is not implemented in practice and is no longer in force, as the events that led to its adopted have stopped. The Government concludes that this resolution cannot, therefore, be repealed given that this instrument is no longer in force in practice. Noting this information, the Committee observes nevertheless that, in their joint observations, CODESA, the CTV, FAPUV, CTASI, UNETE and the CUTV highlight the unconstitutional nature of this resolution. The trade union organizations indicate that even though this resolution is no longer applied, it is imperative that it be repealed in accordance with the procedures established to this effect by the People’s Ministry of Labour. The Committee therefore once again requests the Government to formally repeal resolution No. 9855 of 2016, to bring the national legislation into conformity with the Convention and the practice indicated, and thereby ensure legal certainty.

2. Social work by public employees and public sector employees. With reference to the previous observations of the Independent Trade Union Alliance (ASI), the Committee notes the Government’s statement that: (i) there are no regulations governing social work by public employees and public sector employees, who are only subject to the 2002 Public Service Regulations Act; and (ii) no work of this kind has been carried out by public servants or public sector employees. The Committee notes this information, which responds to its previous request.