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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations made by the Confederation of Workers of Venezuela (CTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), and the Independent Trade Union Alliance Confederation of Workers (CTASI), received on 30 August 2021. The Committee also notes the observations of the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP), received on 8 September 2021. The Committee requests the Government to provide its comments in this respect.

Article 1(1)(a) of the Convention. Discrimination on the basis of gender. Sexual harassment. The Committee notes the Government’s brief reference in its report to the implementation of strategies, actions and activities to ensure compliance with the Basic Act on labour and men and women workers (LOTTT) and the Basic Act on prevention, working conditions and the working environment (LOPCYMAT), including training programmes for workers and for employers’ representatives, and also personal care for victims and warning measures for employers to stop harassment and provide training and information in this regard. As regards the number of cases of sexual harassment, the Government indicates that between 2017 and 2020 a total of 322 complaints of workplace harassment (97 of them from women) and 29 cases of sexual harassment were filed. However, the Committee also notes that the United Nations (UN) High Commissioner for Human Rights, in her 2020 report, emphasized that women face gender stereotyping within the legal system, and gender-based violence, including threats, mistreatment and verbal abuse by public officials and that women petitioners usually bear the brunt of the search for truth, justice and reparations (A/HRC/44/54, 15 June 2020, paragraph 30). The Committee also notes that the Government, in its periodic report to the UN Committee on the Elimination of Discrimination against Women (CEDAW), referred to the publication in 2021 of the “Standards for action by police and criminal investigation officials in relation to early and timely care for victims of gender violence, receipt of the corresponding complaints and police action in investigation processes”, and also refers to various training measures for judges, judicial officials, police, lawyers, prosecutors and other legal professionals on the subject of gender equality and violence against women. In the same report, the Government indicated that 21 studies and 22 awareness-raising campaigns were carried out on violence against women and girls (CEDAW/C/VEN/9, 1 November 2018, paragraphs 22, 63, 65 and 112). The Committee asks the Government to provide information on the training undertaken with entities responsible for the receipt of complaints of sexual harassment, and particularly on whether these deal with issues related to sexual harassment and its underlying causes such as gender stereotypes. The Committee also asks the Government to provide detailed information on particular cases in which non-compliance with the LOPCYMAT has been established, and the specific assistance and warning measures taken. The Committee further requests the Government to continue providing information on the number of cases of sexual harassment, and also on actions taken, sanctions imposed and remedies granted.

Article 1(1)(b). Discrimination on the basis of HIV status. The Committee notes that the Government, in reply to its request to provide information on any complaint of discrimination on the basis of HIV status, indicates in its report that no complaints have been received, and that between 2017 and 2019 a total of 5,364 inspections were conducted, in which no violation was found regarding the prohibition on mandatory HIV testing. The Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals, or that the system of recording violations is insufficiently developed (see General Survey on the fundamental Conventions, 2012, paragraph 870). The Committee asks the Government to continue providing information on any complaints of discrimination on the basis of HIV status, real or perceived, and also on the measures taken to identify cases of discrimination on the basis of HIV status, whether in terms of mandatory HIV testing or discriminatory behaviour of any other kind.

Articles 2 and 3(f). National equality policies. The Committee notes that, with regard to the continuation of the Mamá Rosa Plan, the Government refers to the adoption of the Third Socialist National Economic and Social Development Plan 2019–25 (Plan de la Patria) and the corresponding “Programme agenda for women and gender equality”, which provide for the empowerment of gender equality with a view to full equality in working conditions and the enjoyment of economic rights, the development of productive inputs and new forms of management driven by women, and the recognition, protection and de-feminization of domestic and care work. The Government also indicates that the Ministry of People’s Power for Women and Gender Equality has adopted policies to boost the participation of women in economic life, such as the Mujeres Conuqueras (women smallholders) 2020 programme to include women in the agri-food sector, and the empowerment of women in rural areas. In addition, with regard to the results achieved from previous policies and initiatives, the Committee notes that, according to the Government’s report to CEDAW, in 2020 a total of 20 regional institutes and 170 municipal institutes devoted to the advancement of women and gender equality were registered, and there is a major benefit for women in terms of credits for small and medium-sized enterprises from public banks, including on the basis of the Soy Mujer (I am a woman) programme (CEDAW/C/VEN/9, paragraphs 44, 170 and 171). The Committee also notes that the judiciary’s National Gender Justice Commission and the National School of the Judiciary have conducted further training on the subject of gender for judges and judicial officials, and the Ombudsman’s Office, the National Institute for Women (INAMUJER) and the National Training Programme for Prevention Delegates have implemented similar measures (CEDAW/C/VEN/9, paragraphs 22, 36, 37 and 103). With regard to plans and policies relating to other grounds of discrimination, the Committee notes that the Plan de la Patria 2025 refers to the full inclusion at work of persons with disabilities, non-discrimination towards them, and their integration into productive activities, and that various programme agendas have been adopted for Afro-descendants, indigenous peoples and young persons. The Committee asks the Government to provide information on the results achieved by the implementation of the Plan de la Patria 2025 and its respective programme agendas in terms of the beneficiaries, and also on any other measures taken in relation to the application of the principle of equality and non-discrimination in employment and occupation recognized by the Convention.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations made by the Confederation of Workers of Venezuela (CTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), and the Independent Trade Union Alliance Confederation of Workers (CTASI), received on 30 August 2021, which refer to allegations of discrimination on the basis of political opinion in access to teaching in the public sector, and also to cases of harassment at work and dismissals on the basis of political opinion. The Committee also notes the observations of the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP), received on 8 September 2021. The Committee asks the Government to send its comments in this respect.

Article 1(1)(a) of the Convention. Discrimination on the basis of political opinion. In its previous comments, the Committee noted with concern the allegations made by numerous workers’ organizations concerning acts of discrimination in employment for political reasons (in particular against employees of the public administration and state enterprises) and asked the Government to take the necessary steps without delay to ensure full respect and compliance with the Convention. The Committee also urged the Government to take measures without delay to establish a working group including all the trade union organizations concerned to examine and to deal with all the complaints, and also to consider the development of a system to prevent discrimination and the establishment of mechanisms and institutions to address in an independent manner complaints of discrimination in employment and occupation, particularly on the basis of political opinion. The Committee notes with deep concern that once again several trade union confederations allege acts of discrimination, harassment at work and dismissal on the basis of political opinion in the administration of the State, including discrimination against graduates of the Libertador Experimental Pedagogical University (UPEL), dismissals at the Ministry of Foreign Affairs and the Financial Institution Deposit Guarantee Fund, and the dismissal of over 650 officials, workers and contractual employees at the National Assembly.

In this regard, the Committee notes the Government’s emphatic reiteration in its report that neither persecution nor discrimination against men and women workers or jobseekers on the basis of political opinion is a policy of the State. The Government also refers briefly to the forums for dialogue and consultation with the various social partners, which have been taking place since early 2021 with respect to other ratified Conventions, even though it indicates that some organizations have been “self-excluded” from these bodies. The Government also indicates that the Ombudsman’s Office has competence for protecting fundamental rights and that any person or organization whose fundamental rights have been violated can have recourse to it. The Committee notes that, according to the recent report of the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela, the activities reported by the Ombudsman’s Office in relation to the large number of complaints and petitions that it receives fall short of fulfilling its constitutional role to further, defend and oversee rights and guarantees established under the Constitution (A/HRC/48/69, 16 September 2021, paragraph 101). In light of the above, taking account of the seriousness and large number of instances of discrimination based on political opinion reported for years by various trade union confederations in the country, the Committee once more firmly urges the Government to take measures without delay to establish a working group involving all the trade union organizations concerned – and including the Ombudsman’s Office, if the parties consider it appropriate – in order to examine and deal with all the complaints in question. The Committee considers that there is an urgent need to consider a system of prevention and mechanisms or institutions to deal independently with complaints of discrimination in employment and occupation, particularly discrimination on political grounds. The Committee asks the Government to provide information on any cases of discrimination on political grounds filed with the Ombudsman’s Office or with any judicial body or dispute settlement mechanism, and also their outcome.

Discrimination on the basis of national extraction. Legislation. With regard to the Committee’s request to the Government, in its previous comments, to take measures to include “national extraction” in the prohibited grounds of discrimination, the Government reiterates in its report the reference to article 21 of the Constitution, section 21 of the Basic Act on 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, the latter referring to discrimination on the basis of “ethnic origin”, “phenotype features” and “national origin”. Taking account of the fact that “national origin” is defined as “nationality of birth or the nationality acquired under specific circumstances”, the Committee once again wishes to emphasize that this formulation does not completely cover the concept of “national extraction” provided for in the Convention, since it would not cover cases of discrimination among persons who, though of the same nationality – and without presenting a specific ethnic origin or phenotype features – are of foreign birth or origin, are descendants of foreign immigrants or belong to groups of different extraction. In this regard, the Committee refers to its general observation of 2018 on discrimination on the basis of race, colour and national extraction. The Committee firmly urges the Government to take the necessary steps to ensure that the legislation explicitly includes national extraction as one of the prohibited grounds of discrimination. The Committee asks the Government to provide information on any measures taken or envisaged in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

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

The Committee notes the observations made by the Confederation of Workers of Venezuela (CTV), the National Union of Workers of Venezuela (UNETE), the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), received in 2015, 2016 and 2017, which, as on previous occasions, refer to allegations of discrimination on the basis of political opinion. The Committee also notes the observations of the Independent Trade Union Alliance Confederation of Workers (CTASI), received on 31 August 2017. The Committee notes the Government’s replies to these observations.

Follow-up to the decisions of the Governing Body (complaint made under article 26 of the Constitution of the ILO)

The Committee recalls that in its previous comments it noted that the complaint made under article 26 of the ILO Constitution by a group of Worker delegates at the International Labour Conference in 2016 alleging non-observance of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Protection of Wages Convention, 1949 (No. 95), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), by the Bolivarian Republic of Venezuela was declared receivable by the Governing Body at its 328th Session (October–November 2016). With reference to Convention No. 111, the allegations relate to acts of discrimination for political reasons, such as the establishment of lists of opponents, including the so-called “Tascón List”, containing the names of persons who signed a declaration of support for the 2004 referendum on whether the President should be removed from office, and more recently those who supported the declaration of support for a similar referendum in 2016 concerning the current President. They also relate to party-political and ideological bias in employment and in the working environment in the public service. In various communications, the Government opposed the receivability of the complaint and, in relation to Convention No. 111, the Government indicated that the principle of non-discrimination in all its forms is promoted in the country, as envisaged in the national legislation, and that no worker can be dismissed without a valid reason on political grounds. It also emphatically rebutted the accusation of the alleged party-political and ideological bias in employment and in the working environment in the public service. At its 329th Session (March 2017), the Governing Body decided: (a) to transmit all allegations of the complaint concerning Convention No. 87 to the Committee on Freedom of Association for examination; (b) given that all aspects of the complaint relating to Conventions Nos 95 and 111 have not been examined recently by the Committee of Experts on the Application of Conventions and Recommendations (CEACR), to transmit these allegations to the CEACR for their full examination; and (c) that the complaint not be referred to a Commission of Inquiry and that, as a result, the procedure under article 26 of the ILO Constitution be closed.

Article 1(1)(a) of the Convention. Discrimination on the basis of political opinion. For many years (since 2007), the Committee has been noting alleged acts of discrimination for political reasons against employees of the central and decentralized public administration and State enterprises, and members of the armed forces, including threats, harassment, transfers, deterioration of conditions of work and mass dismissals. The Committee noted allegations of mass dismissals of those who are not members of the governing party, do not participate in demonstrations in favour of the Government or who express views against the Government, as well as persistent discrimination against workers on the “Tascón List”. The allegations refer, among other matters, to the dismissal of 124 workers from the Bicentenary Bank, 40 workers from the Niño Simón National Foundation and four workers from the Integrated National Service for the Administration of Customs and Excise (SENIAT) for supporting the popular consultation for the activation of a referendum to recall the President of the Republic. The Committee notes that, in their recent comments, the CTV, UNETE, CGT, CTASI and CODESA allege that discrimination for political reasons, far from diminishing, has grown worse. They complain of intimidation and penalties against workers who participated in or supported the popular consultation on whether to hold a referendum to determine whether the President should be removed from office in 2016. The Committee notes that these allegations, and particularly those relating to threats by high-level Government officials and leaders of the official party against persons who voted for opposition candidates in the parliamentary elections in December 2015 and in support of the recall referendum for the President of the Republic in 2016, were also contained in the complaint made under article 26 of the ILO Constitution by Worker delegates to the International Labour Conference. The Committee further notes that, in its 2017 observations, the CTASI alleges that since the events of 2002 any expression of political opposition has been stigmatized. The Committee also notes the allegations by the CTV, CGT, UNETE and CODESA that public employees and workers are subject to compulsory mobilization for demonstrations and marches in support of the Government.

The Committee notes that, in its reply to the observations made by the UNETE, CTV, CGT and CODESA, the Government indicates that employment security is recognized by the Basic Act concerning labour and men and women workers (LOTTT) and the national Constitution, although there are exceptions to the rule, specifically for executive positions. The Government adds that absolute employment security, as set out in Decree No. 2.158 of 28 December 2015, which has the force of law, has been extended for three years and recalls that workers covered by the Decree cannot be dismissed, demoted or transferred, without a valid reason and the prior approval of the competent labour inspector, in accordance with section 422 of the LOTTT. Finally, the Committee notes the Government’s reiterated indication in its 2017 report that discrimination against men and women workers for political reasons is contrary to the principles set out in the national legislation and that in 2005 the then President of the Republic ordered the “Tascón List” to be set aside. The Government refers to its previous responses and rebuts the allegations concerning the “Tascón List”, as well as the issues raised concerning the 2015 parliamentary elections. It adds that: (1) with regard to the allegations concerning the “serious situation” in the country “due to massive dismissals for political reasons”, that the allegations made are too general and do not specify whether complaints were lodged with the various official bodies which offer institutional remedies for victims of violations of individual or collective rights or crimes, or with the administrative bodies of the Ministry of the People’s Power for the Social Process of Labour in the case of the dismissal of a worker protected by employment security; (2) with reference to the allegations of the dismissal of persons who voted for the opposition, that the participation of citizens in political activities is not conditional on their status as public officials or workers in public or private enterprises, and that the people participate as protagonists, and that anyone who so wishes may therefore participate or not in the political activities that are organized; and (3) in relation to the alleged threats of penalties and dismissals for supporting the recall referendum for the President of the Republic, more details are required as the Government is not aware of complaints submitted on these matters to administrative or judicial bodies.

The Committee notes with concern the new allegations of discrimination in employment for political reasons. While noting the constitutional and legal provisions which, according to the Government, afford protection against discrimination in employment, the Committee recalls that legislative measures to give effect to the principles of the Convention are important, but not sufficient to achieve its objective. Moreover, the existence of legal provisions does not imply the absence of discrimination in practice. The Committee reiterates that protection against discrimination on the basis of political opinion implies protection in respect of the activities of expressing or demonstrating opposition to established political principles and opinions. The general obligation to conform to an established ideology is therefore discriminatory (see General Survey on the fundamental Conventions, 2012, paragraphs 805, 850 and 856). In these circumstances, the Committee once again asks the Government to take the necessary steps without delay to ensure full respect and compliance with the Convention and to ensure that public and private sector workers are not subject to discrimination on the basis of political opinion. Taking into account the high number of allegations and that, according to the Government, the allegations are too general, the Committee also urges the Government to take all the necessary steps without delay to establish a working group including all the trade union organizations concerned to examine and to deal with all the complaints, which will also consider the development of a system to prevent discrimination and the establishment of mechanisms and institutions to address in an independent manner complaints of discrimination in employment and occupation on the basis of all the grounds of the Convention, and in particular, political opinion, in addition to providing effective remedies. The Committee reminds the Government of the availability of ILO technical assistance.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(1)(a) of the Convention. Legislation. In its previous comments, the Committee noted that the Basic Act concerning labour and men and women workers (LOTTT) of 7 May 2012 does not include national extraction and colour as prohibited grounds of discrimination. The Committee notes that the Government refers to the Basic Act to combat racial discrimination, section 37 of which establishes penalties for distinctions on the basis of, among others, “national origin” and “phenotypic traits”. In this respect, the Committee observes that, although the law defines phenotype as any observable physical characteristic of an individual and 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 this connection, the Committee recalls that national extraction includes distinctions based on place of birth, but also covers persons who, although they are nationals, are descendants of foreign immigrants and persons belonging to groups of different national extraction living in the same State (2012 General Survey on the fundamental Conventions, paragraph 764). Recalling that when legislation is adopted to implement 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 requests the Government to take the necessary measures to include “national extraction” as one of the grounds of discrimination prohibited in the legislation. The Committee requests the Government to provide information on any developments in this regard.

Discrimination on the ground of sex. Sexual harassment. In its previous comments, the Committee referred to section 165 of the LOTTT, which does not include harassment resulting from a hostile work environment in its definition of sexual harassment, and it requested the Government to take the necessary measures to include in the legislation adequate protection against this type of harassment and against sexual harassment by work colleagues. The Committee notes that the Government refers to section 164 of the LOTTT on work-related harassment, which covers cases of harassment or abusive behaviour which undermines the biopsychosocial dignity or integrity of workers. The Government also indicates that section 56 of the Basic Act on prevention, working conditions and the working environment (LOPCYMAT) of 2005 requires employers to take measures to ensure healthy, hygienic and safe conditions of work, and welfare, and to ensure that they and their representatives refrain from engaging in any offensive, malicious or intimidating conduct or any act that could psychologically or emotionally injure workers. Employers are also requested to prevent any situation of harassment through the degradation of the working conditions and the working environment, physical or psychological violence, isolation, or failure to assign workers a reasonable occupation. The Committee notes that section 56 also provides that the employer must take adequate measures to prevent any form of sexual harassment and establish a policy for its eradication. The Government adds that section 15(2) of the Basic Act on the right of women to a life free from violence (LODMVLV) of 2007 defines harassment as any conduct, behaviour, words, acts or gestures intended to intimidate, blackmail, coerce, importune or stalk a woman. The Government adds that the Office of the Public Prosecutor is conducting awareness-raising and training programmes for the bodies responsible for receiving complaints and that the National Institute on Prevention and Occupational Health and Safety, regulated by the LOPCYMAT, is responsible for channelling and responding to situations of work-related harassment and that no cases have been reported during the period 2014–15. The Committee requests the Government to continue establishing and implementing awareness-raising and training programmes for the bodies responsible for receiving complaints, particularly complaints relating to sexual harassment in its two forms, namely quid pro quo and hostile work environment sexual harassment. The Committee also requests the Government to provide information on the implementation of section 56 of the LOPCYMAT and to conduct awareness-raising campaigns for workers and employers on the legislation in force and the complaint procedures available. The Committee requests the Government to continue sending statistical data on the complaints of work-related sexual harassment examined by the National Institute on Prevention and Occupational Health and Safety, the action taken on such complaints, sanctions imposed and redress awarded.

Article 1(1)(b). Discrimination on the basis of HIV and AIDS. The Committee notes the adoption of the Act on the promotion and protection of persons with HIV and AIDS of 2014, which requires employers to guarantee equality of terms and conditions of employment for persons with HIV and AIDS and prohibits mandatory HIV/AIDS testing to enter or remain in employment. The Committee requests the Government to provide information on any complaints concerning discrimination, including any violations of the prohibition of mandatory HIV testing to enter or remain in employment, and on the action taken on such complaints, sanctions imposed and redress awarded.

Articles 2 and 3(f). National gender equality policy. The Committee once again requests the Government to provide information on the application in practice of the Gender Equality and Equity Plan 2013–19 and the results achieved, and on any obstacles encountered in the application of the Convention. The Committee also requests the Government to provide information on the activities of the National Gender Justice Commission aimed at addressing 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.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Confederation of Workers of Venezuela (CTV), received on 15 September 2015. The Committee also notes the observations of the National Union of Workers of Venezuela (UNETE), received on 30 September 2015, and the Government’s reply to them. The Committee further notes the observations of the UNETE, the CTV, the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), received on 8 and 12 September 2016, which refer to the issues under examination. The Committee requests the Government to provide its comments regarding the latter observations.

The Committee notes that a complaint filed under article 26 of the ILO Constitution, alleging non-observance of the Convention by the Bolivarian Republic of Venezuela, presented by a group of Workers’ delegates at the 2016 International Labour Conference, was declared admissible and is pending before the Governing Body.

Article 1(1)(a) of the Convention. Discrimination on the basis of political opinion. The Committee has been referring for some years to acts of discrimination for political reasons against employees of the central and decentralized public administration and state enterprises, and members of the armed forces. These acts include threats, harassment, transfers, deterioration of conditions of work and mass dismissals. The Committee refers in particular to the persistent harassment suffered by workers who supported the referendum to revoke the mandate of the President in 2004 and who are on the so-called “Tascón List”. The Committee recalls that, in its previous comments, it requested the Government to take the necessary measures to ensure that public and private sector workers are not subject to discrimination on the basis of political opinion and to conduct an independent investigation on the basis of the allegations made in order to determine whether discrimination actually persists against workers on the “Tascón List”. The Committee notes the Government’s indication that discrimination on political grounds is contrary to national legislation, in particular articles 57, 89 and 145 of the Constitution. The Committee further notes the Government’s indication that, in 2005, the former President ordered the “Tascón List” to be set aside. However, the Government did not provide information on whether any investigation was being conducted into the allegations concerning the list. The Committee nevertheless notes that the CTV and UNETE report that employees who are not members of the ruling party, do not participate in pro-Government rallies or express opposition to the Government continue to be threatened with dismissal by public servants and that discrimination persists against the workers on the “Tascón List”. The Committee reiterates that protection against discrimination on the basis of political opinion implies protection in respect of the activities of expressing or demonstrating opposition to established political principles and opinions. Furthermore, the general obligation to conform to an established ideology is discriminatory (2012 General Survey on the fundamental Conventions, paragraph 805). The Committee once again requests the Government to take the necessary measures without delay to ensure that public and private sector workers are not subject to discrimination on the basis of political opinion. The Committee also requests the Government to take the necessary measures to ensure that an independent investigation is conducted on the basis of the allegations made in order to determine whether discrimination actually persists against workers on the so-called “Tascón List” and, if so, to take the necessary measures to bring an immediate end to such discrimination and to penalize those responsible. The Committee requests the Government to keep it informed of any developments in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

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

The Committee notes the observations of the Confederation of Workers of Venezuela (CTV), received 30 August 2014, and the National Union of Workers of Venezuela (UNETE), received 22 September 2014, referring to discrimination on political grounds in central and decentralized public administration and state enterprises, and in the armed forces. The Committee also notes the Government’s reply to the observations from the CTV and the UNETE.

Article 1(1)(a) of the Convention. Discrimination on the basis of political opinion. The Committee has been referring for some years to acts of discrimination on political grounds against employees of central and decentralized public administration and state enterprises, and members of the armed forces. These acts include threats, harassment, transfers, deterioration of conditions of work, and mass dismissals. In a previous observation, the Committee asked the Government to take measures to conduct an independent investigation into these occurrences and to ensure that public and private sector workers do not suffer discrimination on the basis of their political opinions. The Committee notes the observations of the CTV referring to further acts of discrimination on the basis of political opinion against workers in the public administration or state-owned enterprises who do not support the Government or participate in actions organized by it. The CTV also refers to the persistent harassment suffered by workers who supported the referendum to revoke the mandate of the President in 2004 and are on the “Tascón list”, to which the Committee referred in previous comments. The Committee notes that the Government, in its reply, denies the existence of harassment or threats in the public administration. The Government also indicates that it is unaware of the existence of dismissals on political grounds or of lists for entry to the public administration, since admission to the latter is through public competition. The Government has not sent any information regarding investigations into the allegations. The Committee recalls that protection against discrimination on the basis of political opinion implies protection in respect of the activities of expressing or demonstrating opposition to established political principles and opinions. Furthermore, the general obligation to conform to an established ideology is discriminatory (see General Survey on the fundamental Conventions, 2012, paragraph 805). The Committee once again requests the Government to take the necessary measures to ensure that public and private sector workers are not subjected to discrimination on the basis of political opinion. The Committee also requests the Government to take the necessary measures to ensure that an independent investigation is conducted on the basis of the allegations made in order to determine whether discrimination actually persists against workers on the “Tascón list” and, if so, to the necessary measures to ensure that such discrimination is ended immediately and that those responsible for it are penalized. The Committee requests the Government to keep it informed of any developments in this respect.

Sexual harassment. The Committee notes that the Basic Act on Labour and Men and Women Workers (LOTTT) prohibits sexual harassment in all workplaces and lays down the obligation to prevent, investigate and penalize sexual harassment. Section 165 of the LOTTT defines sexual harassment as unwanted or unsolicited conduct of a sexual nature, occurring in an isolated form or as a series of incidents, committed by the employer or his/her representatives against a man or woman worker for the purpose of affecting his/her job stability or giving, maintaining or removing some benefit deriving from the employment relationship. The Committee observes, as indicated by the Independent Trade Union Alliance (ASI) in its observations of 14 August 2012, that this provision fails to include hostile work environment sexual harassment in the definition. Nor does the definition include sexual harassment by work colleagues. The Committee considers that, without a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment, it remains doubtful whether the legislation effectively addresses all forms of sexual harassment (see General Survey on the fundamental Conventions, 2012, paragraph 791). The Committee requests the Government to take the necessary measures to include in the legislation adequate protection against sexual harassment resulting from a hostile work environment and sexual harassment by work colleagues. The Committee also requests the Government to keep it informed of any developments in this respect and provide information on the number of complaints for sexual harassment at work brought before the administrative or judicial authorities, the penalties imposed and the remedies provided and examples of the most relevant judicial decisions The Committee further requests the Government to send detailed information on the measures taken by the State and employers to prevent sexual harassment in both the public and private sectors.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations of 14 August 2012 of the Independent Trade Union Alliance (ASI) objecting that the Organic Labour Act (LOT), adopted through Decree No. 8938 on 7 May 2012, was not debated in Parliament. The ASI asserts in particular that the definition of sexual harassment in the LOT is incomplete because it does not include a reference to hostile working environment. The Committee notes that the ASI also refers to the status of women in the labour market stating that they are affected by unemployment, job instability and a lack of education. The Committee requests the Government to provide its observations on these matters.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

National extraction. The Committee notes the Government’s reiterated statement that all types of discrimination, including discrimination on the basis of national extraction, are prohibited by law. The Committee requests the Government to indicate whether there have been complaints of specific cases of discrimination based on this ground and to indicate the manner in which equality of treatment and opportunities is promoted irrespective of national extraction.

Sexual harassment. The Committee notes the Government’s indication that the Office of the Attorney-General of the Republic has indicated that, since the entry into force of the Basic Act on the Right of Women to a Life Free from Violence, 199,985 complaints have been received concerning gender violence: 34,410 in 2007, 70,015 in 2008 and 95,560 in 2009. The crimes most frequently denounced were physical, psychological and sexual violence, threats and harassment. The actions taken by the Office of the Attorney-General are intended to result in the punishment of those responsible and to provide guidance to the women concerned. The Government indicates that, according to the Comprehensive Family Directorate of the Office of the Attorney-General, the complaints gave rise to 95,166 actions (covering charges, cases set aside and dismissed). The work of providing guidance and assistance to victims is also undertaken by the Directorate for the Prevention and Action in Respect of Violence against Women of the Women’s Institute (INAMUJER). The Government also attaches statistical data on the types of violence denounced by women. The Committee nevertheless notes that the information provided does not provide a basis for an adequate assessment of the incidence of sexual harassment at work, nor the measures adopted in responses to it. The Committee, therefore, once again requests the Government to provide information on complaints of sexual harassment in the working environment and on steps taken to sensitize and train the administrative and judicial authorities on the concept of sexual harassment as described in the general observation of 2002, the outcome of the complaints made in this respect, and the measures adopted as a consequence, including the fines or other punitive measures imposed on employers who did not adopt preventive measures or apply the appropriate penalties in cases of sexual harassment by persons under their responsibility in accordance with section 59 of the Basic Act on the Right of Women to a Life Free from Violence. The Committee also requests the Government to indicate whether the Inter-institutional Plan for the Prevention of Gender Violence, to which reference was made in 2009, has been adopted and whether it envisages action to prevent and combat sexual harassment at work.

Article 2. National policy on equality for women. The Committee notes the Government’s indication that the Plan for Equality for Women 2009–13 focuses on the inclusion of women in socio-productive development and work. The main lines of the plan are wage parity in all sectors, the assurance of optimal conditions for decent and dignified work, and the promotion of social security covering women, among other matters. The Committee also notes the statistical information provided by the Government on employment conditions and the educational level, the level of employment in the formal and informal economies and employment by sector. While noting the information provided, the Committee observes that the information does not allow an assessment of the manner in which the principles of the Convention are applied in the country. The Committee requests the Government to provide a copy of the Equality Plan for Women 2009–13 and to supply information on its impact on the application of the Convention. The Committee also asks the Government to provide statistics and information disaggregated by sex, age, ethnic origin and employment sector.

HIV and AIDS. The Committee once again requests the Government to provide information on any complaints made concerning violations of the prohibition of requiring HIV testing to gain access to employment or during employment, and any administrative or court decisions on this subject.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination on the basis of political opinion. The Committee has been referring for some years to the observations made by the National Single Federation of Public Employees (FEDE–UNEP) and the Confederation of Workers of Venezuela (CTV) concerning threats, harassment, transfers, the worsening of working conditions and the dismissal of employees of the Central and Decentralized National Public Administration due to their participation in the collection of signatures to initiate a referendum to revoke the public offices assigned by popular election. The names of the workers who signed the proposal for a referendum were, according to the trade union organizations, published prior to their dismissal on a list on the Internet (known as the Tascón list), which was used as a source of information for reprisals. According to the observations made by the CTV in 2007, such reprisals continued despite the indication by the President of the Republic that the list should be discarded. The Committee has also been referring since 2007 to: (1) the observations made by the CTV concerning the dismissal of 19,500 workers from Petróleos de Venezuela (PDVSA) which, according to the CTV, were motivated by political reasons; (2) the pressure exerted on public officials to join the political party established by the President of the Republic; and (3) the requirement for soldiers and officers to shout the slogan “fatherland, socialism or death”, under the menace of the threat by the President of the Republic that anyone not prepared to do so must resign.

In this respect, the Committee notes the Government’s indication that the dismissal of workers from the PDVSA consisted of a labour measure adopted against a group of workers on the basis of their failure to discharge their work-related duties and violations of the national Constitution and laws. According to the Government the active and flagrant participation by this group of workers in disputes, sabotage and unlawful paralysis of the oil industry was noted by the competent bodies of the State. The Government adds that it has the necessary measures to avoid any discriminatory act or practice against citizens and that there is a legal framework as well as bodies entrusted with remedying and penalizing failure to comply with the legal and constitutional provisions prohibiting discrimination. The Government refers once again to article 67 of the Constitution and indicates that it is not compulsory to belong to a political party. In this respect, the Committee notes with deep regret that the Government has confined itself once again to reiterating its previous comments and has not provided additional information. The Committee notes in particular that, although the Government indicates that the events which occurred in the PDVSA were the subject of an investigation by State bodies, it does not indicate precisely which body undertook the investigation, nor does it attach a copy of the findings of the investigation. The Committee has indicated that, in protecting individuals against discrimination in employment and occupation on the basis of political opinion, the Convention implies that this protection shall be afforded to them in respect of activities expressing or demonstrating opposition to established political principles, since the protection of opinions which are neither expressed nor demonstrated would be pointless (see the General Survey of 1988 on equality in employment and occupation, paragraph 57). The Committee once again strongly urges the Government to:

• (i) take all the necessary measures to conduct an independent investigation into the alleged acts and to provide specific information on its findings; and
• (ii) take concrete measures to ensure that workers in both the public and private sectors are not subjected to discrimination due to their political opinions, and to provide information on the results achieved in this respect.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Discrimination based on national extraction. The Committee notes the Government’s indication that there are no provisions which limit the exercise of the rights of citizens on the grounds of origin. It also notes that Venezuelans who acquired Venezuelan nationality as a result of naturalization are permitted to hold public office, a right which was previously reserved under the Constitution to Venezuelans by birth. The Committee requests the Government to provide information on any cases of discrimination on the grounds of national extraction in employment and occupation which have been referred to the competent bodies. Noting that, according to the Government’s report, the criterion of national extraction remains covered by the legislation in force but that this criteria is not expressly included in the Organic Labour Act, the Committee requests the Government to provide information on the manner in which equality of treatment and opportunity irrespective of national extraction is promoted in practice, in accordance with the Convention.

Sexual harassment. The Committee notes the Government’s indication that all regulations which advocate equality of opportunity and treatment also prohibit sexual harassment. It also notes the creation of courts of first instance responsible for dealing with cases of violence against women by the Supreme Court of Justice, under the Basic Act on the Right of Women to a Life Free of Violence. It also notes the creation of Criminal Defence Offices for Violence against Women by the Public Defence Office and the creation of 58 special public prosecutor’s offices competent to deal with cases of violence against women by the Office of the Public Prosecutor. The Committee requests the Government to provide information on the complaints of sexual harassment referred to the above bodies and the other competent bodies and their outcome, as well as on the fines imposed on any supervisory authorities in employment or education centres or establishments of any other kind which, despite being aware of acts of sexual harassment by persons for whom they are responsible, do not take appropriate action to remedy the situation and prevent its recurrence, in accordance with section 59 of the Basic Act on the Right of Women to a Life Free of Violence. Please also provide information on the adoption of the Institutional Plan for the Prevention of Gender-Based Violence and indicate whether the Plan includes measures to prevent and combat sexual harassment in the work environment.

Article 2. National policy on equality for women. The Committee notes the decision of the National Electoral Council of July 2008 requiring that men and women must be equally represented on electoral lists for the establishment of the country’s legislative councils. The Committee requests the Government to provide further information on the implementation of the Equality Plan for Women and its impact on the promotion of equality of opportunity for men and women. Please also provide statistical information on the employment situation of women and men and their distribution in the various occupations, jobs and economic sectors, in both the public and private sectors.

HIV/AIDS. Recalling that, in accordance with Ministry of Labour Decision No. 71 of 29 November 2002, HIV testing either as a requirement for admission to employment or during employment constitutes discrimination based on health and is a breach of the Constitution, the Committee once again requests the Government to provide information on the application of Decision No. 71 in practice, including information on any relevant administrative or judicial decisions regarding violations of the prohibition of HIV testing.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the communication of the Confederation of Workers of Venezuela (CTV), dated 28 August 2009, sent to the Government on 16 September 2009.

Discrimination on the basis of political opinion

Tascón list. The Committee recalls that in its 2007 observation, it referred to communications sent in 2004 and 2006 by the National Single Federation of Public Employees (FEDE–UNEP) concerning threats, harassment, transfers, the worsening of working conditions and the dismissal of employees of the Central and Decentralized National Public Administration in response to their participation in the collection of signatures to initiate a referendum to revoke the public offices assigned by popular election, in accordance with the Constitution. According to FEDE–UNEP and the CTV, the names of the workers who signed the proposal for a referendum were published prior to their dismissal on a list on the Internet which was used as a source of information for reprisals. The Committee further recalls that according to a communication received from the CTV in 2007, on 15 December 2005 the President of the Republic recognized the discriminatory use made of the list and stated that the list “should be discarded”. However, the CTV alleged that the discrimination continued and worsened in the public sector.

Petróleos de Venezuela (PDVSA). In its 2007 observation, the Committee referred to the dismissal of 19,500 workers from the PDVSA which, according to the CTV’s allegations, were based on political grounds.

The Committee notes that in its 2009 communication, the CTV reiterates that discrimination on political grounds persists in the public sector. The Committee notes that the Government indicates in its report that discrimination on political grounds is non-existent in the Bolivarian Republic of Venezuela, that the national Government does not under any circumstances harass, threaten or harm workers on the basis of their political principles or a lack of support for a given political ideology or view, and that, on the contrary, national policies in recent years have expanded the possibilities for men and women citizens to obtain an education and decent productive employment. With regard to the PDVSA case, the Government also states that measures were taken against persons who participated in the sabotage of the oil industry. However, the Committee cannot ignore the fact that a different picture emerges from the communications which it continues to receive from the CTV. The Committee also notes with regret that the Government has not provided any information on the measures taken to investigate the allegations of discriminatory practices, which it urged the Government to take in its previous observation. Consequently, the Committee once again urges the Government to take the necessary measures to investigate the allegations regarding management practices in the public sector, including the PDVSA, that discriminate against employees on the basis of their political opinion, and to put an end to such practices where they are found to exist. The Committee urges the Government to provide detailed information in its next report on the measures taken in this regard.

The armed forces. With regard to the armed forces, the Committee recalls that in its 2007 observation, it noted the CTV’s indication that soldiers and officers are obliged to shout the slogan “Fatherland, socialism or death” and that the President of the Republic has stated that anyone who is not prepared to give voice to this slogan must resign. The Committee notes that the Government refers in its report to the Basic Act on the Bolivarian National Armed Forces, adopted under Decree No. 6239 of 22 July 2008, which establishes the principles governing the organization, operation and administration of the armed forces. The Committee notes that the above Basic Act contains no provisions prohibiting discrimination against members of the armed forces in accordance with the provisions of the Convention. In this regard, the Committee recalls that in its previous observation, after noting that section 7 of the Organic Labour Act provides that members of the armed corps, meaning the armed corps of the national armed forces, the police services and other bodies involved in the defence and security of the nation and the maintenance of public order are excluded from the scope of that Act, the Committee emphasized that, although the Organic Labour Act does not apply to members of the armed corps, they, like other workers, enjoy the protection laid down by the Convention. Furthermore, the Committee once again draws the Government’s attention to the fact that, according to paragraph 47 of its Special Survey of 1996 on the Convention, “the general obligation to conform to an established ideology or to sign an oath of political allegiance would be considered discriminatory”.

Pressure on public officials. With regard to the allegations made by the CTV concerning the pressure exerted on public officials to join the political party established by the President of the Republic, the Committee notes that the Government once again refers to article 67 of the Constitution with regard to freedom of association. The Committee considers that the reference to this provision in this context is not relevant since, as pointed out in its previous observation, the matters raised do not concern the possibility of forming a political party, but rather the pressure exerted on workers, whether from the public or private sector, to join a given party or face dismissal.

The Committee regrets that it has not received specific information on the measures requested in its previous observation and once again emphasizes that threats, harassment, transfers, worsening of working conditions and the dismissal of employees on the basis of their activities expressing opposition to the established political principles, as well as the requirement to conform to a specific ideology constitute discrimination on political grounds within the meaning of the Convention (see General Survey of 1988, paragraph 57, and the Special Survey of 1996, paragraph 47).

The Committee once again expresses deep concern at the discriminatory practices on political grounds referred to above. The Committee strongly urges the Government to:

(i)    take all the necessary measures in law and practice to provide redress for the effects of the acts of discrimination concerned and to prevent such situations from recurring;

(ii)   protect workers in both the public and private sectors from discrimination on the ground of political opinion, in accordance with the Convention; and

(iii) provide detailed information on the measures taken in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

National extraction. The Committee notes that the Basic Act on Prevention, Working Conditions and the Working Environment (LOPCYMAT) prohibits “any type of discrimination”. The Committee requests the Government to indicate whether, in particular, there are any provisions which limit the exercise of certain activities by Venezuelan citizens on the grounds of differences in origin, such as in the case of those who have acquired Venezuelan nationality, or whether the latter enjoy equality of treatment with Venezuelan citizens by birth.

National policy of equality for women. The Committee notes the creation, on 8 March 2008, of the Ministry for Women’s Affairs, and that the National Institute for Women (INAMUJER) is attached to this Ministry. The Committee notes that information is provided regarding the objectives of the Equality for Women Plan (PIM) but not on the activities developed or their results. The Committee requests the Government to provide a copy of the reports on the action carried out under the Plan and their results, in particular the activities developed to promote equality between men and women in employment and occupation.

Sexual harassment. The Committee notes that, on 17 September 2007, the Basic Act on the Right of Women to a Life Free of Violence was published in the Official Gazette. It notes that section 48 of the Act contains the definition of sexual harassment and establishes prison sentences ranging from one to three years, while section 59 establishes the imposition of fines on any supervisory authority in employment or education centres or establishments of any other kind which, despite being aware of acts of sexual harassment by persons for whom they are responsible, does not take appropriate action to remedy the situation and prevent its recurrence. Furthermore, the legislation provides that sexual harassment constitutes discrimination based on sex and establishes the obligation to provide free legal assistance to persons who allege sexual harassment. The Committee requests the Government to provide information on the application of this section in practice, including the number and nature of complaints lodged and the outcome thereof.

HIV/AIDS. In its previous comments, the Committee noted Decision No. 71 of 29 November 2002 by the Ministry of Labour, according to which testing for HIV antibodies either as a requirement for admission to employment or during employment amounts to discrimination based on health and is a breach of the Constitution. The Committee requested the Government to provide information on the application of this Decision. The Government reports that the mere request by the employer to carry out this test constitutes a discriminatory measure, since article 46(3) of the Constitution establishes the right not to be subjected to testing for HIV antibodies. The Committee asks the Government to provide information on the application of Decision No. 71 of 29 November 2002 in practice, in particular whether there have been cases of alleged violations and the resulting administrative or court decisions.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the communication of the Confederation of Workers of Venezuela (CTV), forwarded to the Government on 26 October 2007 and the communication of the Venezuelan Association of Actors (AVA), forwarded to the Government on 12 February 2008. It also notes that the Government has not provided information on these comments. The Committee notes that the communication of the CTV reiterates its communication of 19 June 2007 and that the communication of the AVA states that, following the disagreement expressed by an actress concerning the draft constitutional reform, the Culture Minister indicated in public statements that perhaps certain actors should not be granted access freely to public media and that they could be banned from the “Villa del Cine”, a public institution comprising film production studios. In this regard, the Committee expresses concern at statements which would appear to make access to employment and occupation dependent on ideological support for government positions and requests the Government, for the purposes of guaranteeing that there is no discrimination based on political opinion, to refrain from issuing statements or undertaking action which relates to limiting access to employment and occupation for reasons of political opinion.

Furthermore, the Committee notes that the Government has not provided the information requested by the Committee in its 2007 observation, to which the Committee had requested a detailed reply in 2008. The Committee expresses its deep concern at the lack of reply from the Government to the serious matters raised in its previous observation, and urges the Government to reply to all the matters set out in its previous observation, which read as follows:

1. The Committee notes the Government’s report and the communication sent by the Confederation of Workers of Venezuela (CTV), which was forwarded to the Government on 19 June 2007, and the Government’s reply thereto received on 20 September 2007. The Committee notes that the Government has not replied specifically to the communications from the National Single Federation of Public Employees (FEDE-UNEP), affiliated to the CTV, which were forwarded to the Government on 23 November 2004 and 22 March 2006.

2. Discrimination on political grounds. Tascón list. The communications of the FEDE‑UNEP refer to threats, harassment, transfers, the worsening of working conditions and the dismissal of employees of the Central and Decentralized National Public Administration in response to their participation in the collection of signatures to initiate a referendum to revoke the public offices assigned by popular election, in accordance with the Constitution. FEDE-UNEP provided 700 names of dismissed workers. The names of the workers who participated in initiating the referendum process were published prior to their dismissal on a list on the Internet which, according to FEDE-UNEP and CTV, was used as a source of information for reprisals. In its communication of 2007, the CTV refers to the fact that, on 15 December 2005, the President of the Republic recognized the discriminatory use made of the list and stated that the list “should be discarded”. Nevertheless, according to the union, the discrimination has continued and has worsened in the public sector.

3. Discrimination on political grounds in Petróleos de Venezuela (PDVSA). On the matter of the 19,500 workers dismissed from the PDVSA, the Committee notes that the CTV cites statements allegedly made by the President of the PDVSA which illustrate that these dismissals were politically motivated. According to the CTV, the President of the PDVSA expressed his determination to continue to dismiss employees to ensure that the enterprise “is in line with and reflects the love our people have expressed towards our President”. In its reply to the CTV’s comments, the Government refers to the legislation providing protection against discrimination and provides information on the status of complaints filed by dismissed employees of the PDVSA. However, the Government does not comment on statements allegedly made by the President of the PDVSA. The Committee strongly urges the Government to take the necessary measures to investigate the allegations of management practices in the public sector, including the PDVSA, that discriminate against employees on the basis of their political opinion, and to end such practices where they are found to exist. Please keep the Committee informed in this regard. The Committee also refers in this regard to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

4. The armed forces. The CTV indicates that, although there have not been changes in the provisions establishing the institutional and non-political nature of the armed forces, soldiers and officers are obliged to shout the slogan “Fatherland, socialism or death” and that the President of the Republic has stated that whoever is not prepared to give voice to this slogan must resign.

5. The Committee notes that, in its communication, the Government refers to section 7 of the Organic Labour Act which excludes the members of armed corps, meaning the armed corps of the national armed forces, the police services and other bodies involved in the defence and security of the nation and the maintenance of public order from the scope of the Act. The Committee stresses that, although the Organic Labour Act does not apply to members of armed corps, they, like other workers, enjoy the protection laid down by the Convention. The Committee reminds the Government that, according to paragraph 47 of its Special Survey of 1996 on this Convention, “the general obligation to conform to an established ideology or to sign an oath of political allegiance would be considered discriminatory”.

6. Pressure on public officials. The CTV adds that the President of the Republic has decided to establish a new political party and observes, indicating that a political organization is being established by the State, that action in support of this party is undertaken in state schools and that there have been many complaints of pressure exerted upon public officials to join that organization. The Government indicates in this connection that the Constitution of the Bolivarian Republic of Venezuela provides for the freedom to join to any party. The Committee notes that the issues arising under the Convention do not relate in this case to the forming of a political party, but the pressure exerted on workers, whether from the public or the private sector, to join a given party.

7. The Committee stresses that threats, harassment, transfers, worsening of working conditions and dismissal of employees on the basis of their activities expressing opposition to the established political principles, as well as the requirement to conform to a specific ideology constitute discrimination on political grounds within the meaning of the Convention (see General Survey of 1988, paragraph 57, and the Special Survey of 1996, paragraph 47).

8. The Committee expresses deep concern at the facts referred to above and urges the Government to adopt all the necessary measures in law and practice to provide redress for the effects of the acts of discrimination referred to above, to prevent such situations recurring and to protect workers in both the public and private sectors from discrimination on the ground of political opinion, in accordance with the Convention. It requests the Government to provide detailed information on the specific measures taken in this regard.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2009.]

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. National extraction. In its previous observation, the Committee reiterated its hope that national extraction would be added to the grounds of discrimination prohibited by the Organic Labour Act and the draft Bill on the preservation of employment and labour development, so as to cover all the prohibited grounds of discrimination laid down in the Convention. It notes that, according to the Government’s report, the amendment of the Act was included on the agenda of the National Assembly for 2006. According to the report, there is consensus on the issues raised by the ILO in relation to freedom of association, with some areas of divergence. The Committee notes the Government’s extensive references to the issue of freedom of association and the indication that the Act on employment preservation was changed and replaced by the Act respecting the system for the performance of employment, published in Official Gazette No. 38.281, dated 27 September 2005, but regrets to note that the report does not contain information on the manner in which the criterion of national extraction was addressed. The Committee once again requests the Government to indicate whether national extraction has been or is being included as a prohibited ground of discrimination in the reform of the Organic Labour Act. It also requests the Government to provide information on the manner in which non‑discrimination based on national extraction is ensured in practice.

2. Sexual harassment. The Committee notes that, according to the Government’s report, there are no court rulings citing section 19 of the Act on violence against women and the family, referring to sexual harassment. It also notes that the National Institute for Women has undertaken many awareness-raising activities in relation to the Act. It notes that between 2001 and 2005, the National Institute for Women gave 690 talks to approximately 15,000 women, held 134 workshops for 4,690 public employees and distributed 440,000 publications on this subject. The Committee requests the Government to provide information on the impact of section 19 in terms of punishing and eradicating sexual harassment in the workplace. Also noting that in 2005 a commission was set up to reform the Act on violence against women and the family, the Committee requests the Government to provide information on the progress made in this reform, with particular reference to any amendments or future regulation respecting sexual harassment at the workplace.

3. HIV/AIDS. The Committee once again requests the Government to provide information on the impact in practice of Decision No. 71 of the Ministry of Labour of 29 November 2002, pursuant to which the requirement of testing for HIV antibodies for admission to employment or during employment amounts to discrimination based on health and is a clear violation of the Constitution, and dismissals following testing positive for HIV or refusing to undergo such tests are void, with the burden on the employer to prove that the dismissal was objective, reasonable and proportionate.

4. National policy of equality for women. The Committee notes the extensive information provided by the Government on the activities of the National Institute for Women and the Office of the National Ombudsperson on the rights of women. In particular, it notes the Equality Plan for Women 2004–09, which was formulated in broad consultation with the 39 women’s assemblies. It notes that under that the heading “Policy objectives and approach: Economic dimension”, the following objectives are enumerated: promoting greater integration of women in economic activity through employment policies without discrimination of any type; facilitating the legislative social security process for women; encouraging the formulation of the national budget with a gender perspective; and guaranteeing equal wages for all. The Committee would be grateful if the Government would provide detailed information on the follow-up to the objectives referred to above, and on the implementation of the Equality Plan for Women, with particular reference to equality of opportunity and treatment for women in employment and occupation, and the results achieved.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes the Government’s report and the communication sent by the Confederation of Workers of Venezuela (CTV), which was forwarded to the Government on 19 June 2007, and the Government’s reply thereto received on 20 September 2007. The Committee notes that the Government has not replied specifically to the communications from the National Single Federation of Public Employees (FEDE-UNEP), affiliated to the CTV, which were forwarded to the Government on 23 November 2004 and 22 March 2006.

2. Discrimination on political grounds. Tascón list. The communications of the FEDE‑UNEP refer to threats, harassment, transfers, the worsening of working conditions and the dismissal of employees of the Central and Decentralized National Public Administration in response to their participation in the collection of signatures to initiate a referendum to revoke the public offices assigned by popular election, in accordance with the Constitution. FEDE-UNEP provided 700 names of dismissed workers. The names of the workers who participated in initiating the referendum process were published prior to their dismissal on a list on the Internet which, according to FEDE-UNEP and CTV, was used as a source of information for reprisals. In its communication of 2007, the CTV refers to the fact that, on 15 December 2005, the President of the Republic recognized the discriminatory use made of the list and stated that the list “should be discarded”. Nevertheless, according to the union, the discrimination has continued and has worsened in the public sector.

3. Discrimination on political grounds in Petróleos de Venezuela (PDVSA). On the matter of the 19,500 workers dismissed from the PDVSA, the Committee notes that the CTV cites statements allegedly made by the President of the PDVSA which illustrate that these dismissals were politically motivated. According to the CTV, the President of the PDVSA expressed his determination to continue to dismiss employees to ensure that the enterprise “is in line with and reflects the love our people have expressed towards our President”. In its reply to the CTV’s comments, the Government refers to the legislation providing protection against discrimination and provides information on the status of complaints filed by dismissed employees of the PDVSA. However, the Government does not comment on statements allegedly made by the President of the PDVSA. The Committee strongly urges the Government to take the necessary measures to investigate the allegations of management practices in the public sector, including the PDVSA, that discriminate against employees on the basis of their political opinion, and to end such practices where they are found to exist. Please keep the Committee informed in this regard. The Committee also refers in this regard to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

4. The armed forces. The CTV indicates that, although there have not been changes in the provisions establishing the institutional and non-political nature of the armed forces, soldiers and officers are obliged to shout the slogan “Fatherland, socialism or death” and that the President of the Republic has stated that whoever is not prepared to give voice to this slogan must resign.

5. The Committee notes that, in its communication, the Government refers to section 7 of the Organic Labour Act which excludes the members of armed corps, meaning the armed corps of the national armed forces, the police services and other bodies involved in the defence and security of the nation and the maintenance of public order from the scope of the Act. The Committee stresses that, although the Organic Labour Act does not apply to members of armed corps, they, like other workers, enjoy the protection laid down by the Convention. The Committee reminds the Government that, according to paragraph 47 of its Special Survey of 1996 on this Convention, “the general obligation to conform to an established ideology or to sign an oath of political allegiance would be considered discriminatory”.

6. Pressure on public officials. The CTV adds that the President of the Republic has decided to establish a new political party and observes, indicating that a political organization is being established by the State, that action in support of this party is undertaken in state schools and that there have been many complaints of pressure exerted upon public officials to join that organization. The Government indicates in this connection that the Constitution of the Bolivarian Republic of Venezuela provides for the freedom to join to any party. The Committee notes that the issues arising under the Convention do not relate in this case to the forming of a political party, but the pressure exerted on workers, whether from the public or the private sector, to join a given party.

7. The Committee stresses that threats, harassment, transfers, worsening of working conditions and dismissal of employees on the basis of their activities expressing opposition to the established political principles, as well as the requirement to conform to a specific ideology constitute discrimination on political grounds within the meaning of the Convention (see General Survey of 1988, paragraph 57, and the Special Survey of 1996, paragraph 47).

8. The Committee expresses deep concern at the facts referred to above and urges the Government to adopt all the necessary measures in law and practice to provide redress for the effects of the acts of discrimination referred to above, to prevent such situations recurring and to protect workers in both the public and private sectors from discrimination on the ground of political opinion, in accordance with the Convention. It requests the Government to provide detailed information on the specific measures taken in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2008.]

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the Government’s observations, received in 2003, on the comments of the International Confederation of Free Trade Unions (ICFTU) received by the Office in November 2002. As the communication concerns issues related to remuneration, the Committee refers to its comments on the Equal Remuneration Convention, 1951 (No. 100).

2. Article 1 of the Convention. Sexual harassment. The Committee notes with interest that section 19 of the Act on Violence against Women and the Family establishes sexual harassment as an offence punishable by imprisonment. Failure by any person, employer or authority of rank having knowledge of an occurrence of this kind to take remedial action or prevent any recurrence, is an offence punishable by a fine. The Committee would be grateful if the Government would provide copies of any court decisions citing this provision.

3. Article 1(1)(b). HIV/AIDS. The Committee also notes with interest Decision No. 71 of 29 November 2002 by the Ministry of Labour, according to which testing for HIV antibodies either as a requirement for admission to employment or during employment amounts to discrimination based on health and is an obvious breach of the Constitution, and a worker who is dismissed within a reasonable period following a test for antibodies carried out at the workplace or following a refusal to undergo such a test, should lodge an appeal under the Constitution in which the employer has the burden of proving that the dismissal is objective, reasonable and proportionate. Failure so to prove invalidates the dismissal, leaving it with no effect in law. The Committee requests the Government to provide information on the legal nature of such ministerial decisions and the extent to which the courts are bound to apply them and, if possible, copies of decisions on appeals filed under the Constitution, or other court rulings that cite the abovementioned Decision or otherwise resolve appeals against dismissals based on the results of HIV/AIDS tests or refusals to undergo such tests.

4. The Committee notes that the Government’s report does not reply to the matters raised in the direct request of 2002. It is therefore bound to reiterate that request, which read as follows:

1. The Committee notes that, according to the most recent data available to the Office, women accounted for only 35.35 per cent of the labour force in 1998. The Committee once again requests the Government to provide information on the measures adopted to promote the direct access of women to employment, vocational guidance and specific occupations, with a view to achieving greater equality between men and women workers in employment and occupation. The Committee asks the Government to provide information on the activities that are being undertaken by the National Institute for Women for the promotion of equality of opportunity and treatment in employment and occupation.

2. The Committee also requests the Government to provide information on any complaints submitted to the National Attorney for the Defence of Women’s Rights and the remedial action and conciliation measures that have been taken. The Committee would be grateful for information on any measures that are being taken to guarantee the full exercise of the rights of women workers in the informal sector and to women providing personal services, as set out in section 54 of the Act on equal opportunities for women of 25 October 1999.

3. The Committee notes the statistics provided by the Government on inspection activities for 1999, but observes that none of the information refers to inspections undertaken directly in relation to discrimination in employment and occupation. The Committee therefore once again requests the Government to provide information on the activities of the labour inspection services with a view to promoting and guaranteeing the application of the principle laid down in the Convention, including the number of inspections carried out in relation to discrimination in employment, the number of contraventions reported, the penalties imposed and copies of any relevant court decisions.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the Government’s report and the communication from the National Single Federation of Public Employees (FEDE-UNEP), received at ILO headquarters on 2 November 2004 and sent to the Government on 23 November 2004. The Committee will further consider the communication together with the Government’s next report and any observation the Government may wish to make in reply.

2. Article 1. National extraction as a ground for discrimination. Referring to paragraph 3 of its previous observation, the Committee reiterates its hope that national extraction will be added to the grounds of discrimination prohibited by the Organic Labour Act and the draft Bill on the subsystem for employment and labour development, so that the prohibition covers all the grounds laid down in the Convention.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report.

1. The Committee notes that, according to the most recent data available to the Office, women accounted for only 35.35 per cent of the labour force in 1998. The Committee once again requests the Government to provide information on the measures adopted to promote the direct access of women to employment, vocational guidance and specific occupations, with a view to achieving greater equality between men and women workers in employment and occupation. The Committee asks the Government to provide information on the activities that are being undertaken by the National Institute for Women for the promotion of equality of opportunity and treatment in employment and occupation.

2. The Committee also requests the Government to provide information on any complaints submitted to the National Attorney for the Defence of Women’s Rights and the remedial action and conciliation measures that have been taken. The Committee would be grateful for information on any measures that are being taken to guarantee the full exercise of the rights of women workers in the informal sector and to women providing personal services, as set out in section 54 of the Act on equal opportunities for women of 25 October 1999.

3. The Committee notes the statistics provided by the Government on inspection activities for 1999, but observes that none of the information refers to inspections undertaken directly in relation to discrimination in employment and occupation. The Committee therefore once again requests the Government to provide information on the activities of the labour inspection services with a view to promoting and guaranteeing the application of the principle laid down in the Convention, including the number of inspections carried out in relation to discrimination in employment, the number of contraventions reported, the penalties imposed and copies of any relevant court decisions.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU), received on 22 November 2002, which contain information concerning discrimination on the ground of sex. The comments have been forwarded to the Government and the Committee will address them, together with any reply the Government may wish to make thereon, at its next session.

1. The Committee notes the constitutional reform of 15 December 1999 and the inclusion of the prohibition of discrimination in employment for political reasons as a constitutional right in article 89(5). Section 26 of the Organic Labour Act of 27 November 1990, as amended on 29 June 1997, already prohibited discrimination in conditions of employment on, among other grounds, political affiliation; however the Committee recognizes that raising the right of non-discrimination for political reasons to the constitutional level, thereby affording it legal primacy, supplements the above protection with a view to guaranteeing equality of opportunity and treatment in employment and occupation. The Committee requests the Government to provide information on the manner in which this right is guaranteed by means of judicial decisions.

2. The Committee notes with interest the adoption of the Act on equality of opportunities for women, of 25 October 1999, guaranteeing women the full exercise of their rights, and the development of their personality, aptitudes and capacities. The Act establishes the obligation of the State, among other entities, to guarantee equal training, equality of opportunity in employment in the public and private sectors, to promote the participation of women in the productive sector in both the informal and structured economy in urban and rural areas, and to promote services to prevent the double or triple working day. The Act establishes the National Institute for Women as a permanent body responsible for determining and coordinating policies and matters related to the condition and situation of women. The Act also creates the institution of the National Attorney for the Defence of Women’s Rights to ensure compliance with provisions relating to women’s rights. The Committee requests the Government to provide information on the application of this Act in practice and on the effectiveness and operation of the institutional machinery that has been established. The Committee refers to this point in greater detail in a direct request.

3. With regard to its request on the manner in which discrimination in employment and occupation is prohibited on grounds of national extraction, the Committee recalls the importance of adopting legislative protection against discrimination on all grounds set out in the Convention as well as taking measures to promote equality of opportunity and treatment. The Committee hopes that the prohibition of discrimination on grounds of national extraction will be introduced into the Organic Labour Act and the draft Bill on the system for employment and labour development, thereby covering all the grounds laid down in the Convention.

The Committee is also addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the Government's report and the information concerning the manner in which discrimination on the basis of colour is prohibited.

2. Regarding the information supplied by the Government in respect of national extraction, the Committee notes that the Government refers to foreigners and recalls that the concept of natural extraction does not refer to distinctions that may have been made between the citizens of one country and those of another, but to distinctions between the citizens of the same country on the basis of a person's place of birth, ancestry or foreign origin (see paragraphs 33 and 34 of the Special Survey on equality in employment and occupation, 1996). The Committee therefore requests that, in its next report, the Government will provide information on the manner in which the principle of the Convention is promoted without discrimination on the basis of national extraction, as indicated.

3. With respect to its previous comments, the Committee considers that a full reply has not been given to the questions raised in paragraphs 2 and 3 of the 1998 direct request, which read as follows:

2. The Committee notes the statistical data provided by the Government showing the distribution in 1997 of men and women in various sectors of the economy. The figures provided show that women make up 36 per cent of the total workforce. Men outnumber women in every sector of industry, with the exception of the communal, social and personal services sector, where women constitute 55 per cent of the workforce. Men predominate in certain traditionally "masculine" industries, such as construction (96 per cent) and mining (96 per cent), but also in industries such as manufacturing (71 per cent) and transportation/communications (88 per cent). While women outnumber men at the professional/technical levels (57 per cent), they are underrepresented at the higher levels of the public sector (24.5 per cent). The Government is asked to provide information in its next report regarding the practical methods by which the non-discrimination policy of the Convention is being implemented in respect of access to vocational training, access to employment and to particular occupations and terms and conditions of employment, including organizing employment-related vocational and technical training courses, seminars and placement activities to improve the position of women in the labour market and to broaden their occupational opportunities.

3. Further to its previous comments, the Committee again asks the Government to provide information regarding the activities of the Labour Inspectorate in promoting and securing the application of the principle of the Convention, including the number of inspections carried out in relation to discrimination in employment, the number of violations reported, the penalties imposed and copies of any relevant court decisions.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report and attached documentation.

1. Further to its previous comments regarding discrimination on the basis of colour and national extraction, the Committee notes the Government's statements that the Venezuelan Constitution prohibits discrimination on the basis of race, sex, creed or social origin (Preamble, article 61) and that section 26 of the Organic Labour Act of 1997 prohibits discrimination in employment on the basis of age, sex, race, marital status, creed, political opinion or social origin. Nevertheless, the Government's report does not fully reply to the point raised by the Committee. Accordingly, the Committee once again asks the Government to provide information on the methods by which the Government promotes and ensures the application of the principle of non-discrimination in employment and occupation on the basis of colour and national extraction. The Committee further asks the Government to indicate whether it contemplates giving full legal expression to the principle of Article 1 of the Convention by adding the grounds of colour and national extraction to the language of the legislative texts cited above.

2. The Committee notes the statistical data provided by the Government showing the distribution in 1997 of men and women in various sectors of the economy. The figures provided show that women make up 36 per cent of the total workforce. Men outnumber women in every sector of industry, with the exception of the communal, social and personal services sector, where women constitute 55 per cent of the workforce. Men predominate in certain traditionally "masculine" industries, such as construction (96 per cent) and mining (96 per cent), but also in industries such as manufacturing (71 per cent) and transportation/communications (88 per cent). While women outnumber men at the professional/technical levels (57 per cent), they are underrepresented at the higher levels of the public sector (24.5 per cent). The Government is asked to provide information in its next report regarding the practical methods by which the non-discrimination policy of the Convention is being implemented in respect of access to vocational training, access to employment and to particular occupations and terms and conditions of employment, including organizing employment-related vocational and technical training courses, seminars and placement activities to improve the position of women in the labour market and to broaden their occupational opportunities.

3. Further to its previous comments, the Committee again asks the Government to provide information regarding the activities of the Labour Inspectorate in promoting and securing the application of the principle of the Convention, including the number of inspections carried out in relation to discrimination in employment, the number of violations reported, the penalties imposed and copies of any relevant court decisions.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1, paragraph 1(a), of the Convention. The Committee notes the Organic Act of the National Armed Forces of 26 September 1983 was partially amended on 9 December 1994 maintaining the principle of non-discrimination in the awards military grades. The Committee requests the Government to keep it informed of any further developments in the application of the Convention to members of the armed forces.

2. The Committee notes that, in reply to its previous request regarding equality in employment irrespective of colour and national extraction, the Government relies on the constitutional provision prohibiting discrimination on the basis of race, sex, creed or social origin (article 61). It accordingly asks the Government to provide information on the methods by which this constitutional principle of non-discrimination extends to "colour" and "national extraction", for instance in court actions concerning access to training, to employment and terms and conditions of employment.

3. The Committee notes with interest the statistics compiled for 1992 by the Women's National Council regarding the number of women employed in the private, public and judicial sector (where women judges outnumber men), the evolution of the workforce participation of women and of men, and women's monthly income. The Committee would appreciate receiving, with the next report, further statistics on the practical effect given to the principle of equality in employment and occupation through, for example, the labour inspectorate (the number of inspections carried out in relation to discrimination in employment and their results, violations reported, penalties imposed and cases brought before the courts).

4. The Committee notes with interest that article 66 of the collective bargaining agreement for 1993-94 entered into between the National Telephone Company Limited of Venezuela (CANTV) and the Federation of Telecommunication Workers (FETRATEL) prohibits discrimination on the bases of age, sex, ethnic group, religion and ideology. The Committee requests the Government to provide information in its next report on the methods of protection against discrimination including details of any inspections carried out in this regard, their results, violations reported, penalties imposed and any court cases. The Committee would also appreciate information on any measures taken or envisaged to include "colour" and "national extraction" as prohibited grounds of discrimination in collective agreements. It also notes that Annex D of the collective agreement relates to educational scholarships to workers' children and requests the Government to inform it of any measures taken to ensure there is equal opportunity and access in the selection process of the awards as provided for by the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report and the comments of the Venezuelan Federation of Chambers and Association of Commerce and Production (FEDECAMARAS) stating that the Government has failed to take measures to give effect to its article 24 representation examined by the Governing Body in May 1993 (GB.256/15/16), in particular with regard to the obligation to consult with representatives of employer's organizations. As the Governing Body concluded that the special measures contested in that representation were permitted under Article 5 of the Convention, the Committee shall pursue FEDECAMARAS's recent comments in the context of the other Conventions involved in the representation.

With regard to the application of the Convention, the Committee makes the following comments:

1. Article 1, paragraph 1(a), of the Convention. The Committee notes the Organic Act of the National Armed Forces of 26 September 1983 was partially amended on 9 December 1994 maintaining the principle of non-discrimination in the awards military grades. The Committee requests the Government to keep it informed of any further developments in the application of the Convention to members of the armed forces.

2. The Committee notes that, in reply to its previous request regarding equality in employment irrespective of colour and national extraction, the Government relies on the constitutional provision prohibiting discrimination on the basis of race, sex, creed or social origin (article 61). It accordingly asks the Government to provide information on the methods by which this constitutional principle of non-discrimination extends to "colour" and "national extraction", for instance in court actions concerning access to training, to employment and terms and conditions of employment.

3. The Committee notes with interest the statistics compiled for 1992 by the Women's National Council regarding the number of women employed in the private, public and judicial sector (where women judges outnumber men), the evolution of the workforce participation of women and of men, and women's monthly income. The Committee would appreciate receiving, with the next report, further statistics on the practical effect given to the principle of equality in employment and occupation through, for example, the labour inspectorate (the number of inspections carried out in relation to discrimination in employment and their results, violations reported, penalties imposed and cases brought before the courts).

4. The Committee notes with interest that article 66 of the collective bargaining agreement for 1993-94 entered into between the National Telephone Company Limited of Venezuela (CANTV) and the Federation of Telecommunication Workers (FETRATEL) prohibits discrimination on the bases of age, sex, ethnic group, religion and ideology. The Committee requests the Government to provide information in its next report on the methods of protection against discrimination including details of any inspections carried out in this regard, their results, violations reported, penalties imposed and any court cases. The Committee would also appreciate information on any measures taken or envisaged to include "colour" and "national extraction" as prohibited grounds of discrimination in collective agreements. It also notes that Annex D of the collective agreement relates to educational scholarships to workers' children and requests the Government to inform it of any measures taken to ensure there is equal opportunity and access in the selection process of the awards as provided for by the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with interest the information supplied by the Government in reply to its previous direct request on national vocational training plans and activities to promote the national policy for equality for women, in particular the adoption of the Act of 28 September 1994 respecting equal opportunities for women.

1. Article 1, paragraph 1(a) of the Convention. The Committee noted that section 7 of the Organic Labour Act provides that the Act is not applicable to members of the armed forces. It notes the Government's explanations that under the Organic Act for the armed forces, dated 26 September 1983, there is no discrimination in the award of military grades. The Committee requests the Government to keep it informed of the application of the principle of non-discrimination set out in this Article to persons employed by the armed forces.

2. The Committee once again requests the Government to indicate the instruments or methods by which the principle of non-discrimination on the basis of colour and national extraction is applied.

3. Article 3(a). The Committee notes that tripartite consultation, through which measures are taken to seek the cooperation of employers' and workers' organizations, takes place through collective bargaining between employers and workers. The Committee requests the Government to supply copies of some of the collective agreements concluded, relevant to the Convention.

4. The Committee notes that the Women's National Council has replaced the Ministry for the Promotion of Women. It would be grateful if the Government would supply statistics compiled by this body and by labour inspectorates on the effect given in practice to the principle set out in the Convention (for example, the number of inspections undertaken in relation to discrimination in employment and their results, the violations reported, penalties imposed and cases brought before the courts).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied in the Government's report and the conclusions of the Committee set up to examine the representation made by the International Organization of Employers (IOE) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS), under article 24 of the ILO Constitution, which were approved by the Governing Body in May 1993 (document GB. 256/15/16) and which determine that certain provisions of the new Organic Labour Act of 1990 fall within the scope of Article 5, paragraph 2, of the Convention.

1. Article 1, paragraph 1(a), of the Convention. The Committee notes that section 26 of the Organic Labour Act prohibits all discrimination in working conditions on the basis of age, sex, race, religion, political affiliation or civil or social status, without mentioning colour or national extraction. The Committee refers to paragraph 58 of its 1988 General Survey on Equality in Employment and Occupation, in which it states "where provisions are adopted in order to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a)"; the Committee requests the Government to indicate how discrimination in employment on the basis of colour or national extraction is prohibited. The Committee also notes that by virtue of section 7 of the Organic Labour Act, the Act is not applicable to members of the armed forces; the Committee would be grateful if the Government would indicate the instruments through which the principle contained in the Convention is applied to the above persons.

2. Article 2. In its report, the Government only refers to the legislation which is in force and the national education systems and plans. The Committee would be grateful to be provided with information on national vocational training policies and plans which are intended specifically for workers, to provide them with training to enable them to have access to jobs without discrimination.

3. Article 3(a). The Committee notes the Government's general statement on tripartite consultation and would be grateful if the Government would supply more detailed information on the measures which have been adopted to seek the cooperation of employers' and workers' organizations in promoting the acceptance and observance of policies of equality of opportunity and treatment in employment and occupation.

4. The Committee requests the Government to supply information on the Women's National Council, which was established by virtue of Decree No. 2722 of 22 December 1992, and particularly on its activities to promote the national policy of equality for women and the elimination of discrimination in employment on grounds of sex. It also requests recent information on the activities of the Ministry for the Promotion of Women, referred to in the 1991 report.

5. The Committee notes the description contained in the report of the organization and operation of the labour inspection services to monitor the application of the principle contained in the Convention and would be grateful if the Government would supply statistics on the number of inspection visits undertaken in relation to the Convention and their results (the violations detected, the action taken, penalties imposed and cases brought before the courts, etc.).

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee notes the information contained in the report presented by the Government of Venezuela to the Committee on the Elimination of Discrimination against Women (CEDAW/C/5/Add. 24/Amend. 1) of 8 January 1986. In that report, the Government indicates that, although the situation of women in terms of the Constitution is based on legal equality, this legal basis does not ensure equality of opportunity for the participation of women in all walks of the life of the nation. There are values, attitudes and behaviours which prevent the full integration of women. Equality of rights facilitates the achievement of equal conditions, but, nevertheless, it is necessary to promote and work for a change in attitudes that are based on negative stereotypes.

The Government adds that it is currently doing research on stereotypes and their effects, in order to encourage changes in school texts, teacher training and messages disseminated through the media.

The Committee requests the Government to continue supplying information on the measures that are taken in order to achieve the effective implementation of the principle of equality set out in the Convention.

2. In its previous direct request, the Committee noted the establishment of the National Office for Women, whose purpose is to co-ordinate policies for achieving the full integration of women in development, and that in March 1986 advisory committees were set up for the purpose of advising the National Office for Women in the various fields of employment, health, legislation, social and political participation and the media.

The Committee requests the Government to supply information on the activities of the National Office for Women.