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

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS), received on 11 February 2022, and those communicated by the Government in its report. It 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 22 April 2022, and those communicated by the Government. The Committee further notes the observations of 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), which were communicated by the Government. The Committee also notes the observations of the National Union of State and Public Service Workers (UNETE), received on 5 September 2022. The Committee requests the Government to provide its response to the latter observations.

Follow-up to the recommendations of the Commission of Inquiry(complaint made under article 26 of the Constitution of the ILO)

The Committee notes the discussions held at the 344th, 345th and 346th Sessions of the Governing Body (March, June and October-November 2022) on developments in relation to the Social Dialogue Forum concerning the implementation of the recommendations of the Commission of Inquiry in relation to the Government of the Bolivarian Republic of Venezuela, and the decisions adopted by the Governing Body in this regard. The Committee observes that the Governing Body will once again at its 347th Session (March 2023) examine the progress made by the Government in giving effect to the recommendations of the Commission of Inquiry, and will continue its examination of possible measures to achieve this objective.

Articles 2, 5 and 6 of the Convention. Effective tripartite consultations. The Committee welcomes the actions taken by the Government in the various dialogue mechanisms established with a view to giving effect to the Convention and reinforcing social dialogue in the country, and encourages the Government to continue these activities. In this regard, the Committee notes the Government’s indication that progress continues to be made in the implementation of its national dialogue policy with all of the productive sectors in the country. The Government considers that broad and inclusive social dialogue is being reinforced with a view to improving the application of international labour standards, in accordance with the provisions of the Convention and the recommendations of the various ILO supervisory bodies. In this connection, the Government reports that, with ILO technical assistance and the virtual presence of the ILO Director-General, the Social Dialogue Forum was inaugurated virtually on 7 March 2022, and carried out in- person sessions from 25 to 29 April 2022. The following workers’ and employers’ organizations of the country participated in the Forum: CBST-CCP, CTASI, CTV, CGT, UNETE, the Confederation of Autonomous Trade Unions (CODESA), FEDECAMARAS and the Federation of Crafts, Micro, Small and Medium-sized Industries and Enterprises of Venezuela (FEDEINDUSTRIA). During the Social Dialogue Forum, subjects were discussed relating to the Conventions covered by the Commission of Inquiry. The Government indicates that the Social Dialogue Forum resulted in a plan of action and its respective timetable of activities, which were supported by the representatives of the tripartite constituents present (with the exception of CODESA and UNETE who, although they participated actively in the Social Dialogue Forum, refrained from supporting the plan of action). The Government indicates that, with a view to the implementation of the plan of action, bilateral meetings were commenced with the various social partners between 11 and 15 July 2022, with a view to continuing to make progress towards the achievement of the general commitments, and those specific to each of the workers’ and employers’ organizations.

The Committee also notes the information provided by the Government in the Progress Report on Developments concerning the Social Dialogue Forum, which was adopted by the Government Body at its 346th Session (October-November 2022). It notes the follow-up session of the Social Dialogue Forum held in September 2022, with ILO technical assistance. Representatives of FEDECAMARAS, CBST-CCP, FEDEINDUSTRIA, CTASI, CTV and CGT participated in the second in-person session of the Social Dialogue Forum. The participants agreed to update the plan of action adopted during the first in-person session of the Social Dialogue Forum with a view to adopting and implementing an agreed timetable for effective annual consultations on international labour standards. In particular, it was agreed: (i) to hold training programmes on international labour standards (one of them focussing on Conventions for which reports are due); (ii) to hold a preparatory meeting for the Conference; (iii) that the Government would send the draft reports on ratified Conventions to the employers’ and workers’ organizations sufficiently in advance and grouped by subjects; and (iv) to organize thematic meetings with representatives of employers’ and workers’ organizations for consultation on the reports. The Government indicates that a third session of the Social Dialogue Forum will be held from 6 to 10 February 2023.

In this context, the Committee welcomes the various activities that the Government indicates that it has undertaken to carry out or has implemented with a view to giving effect to the Convention and reinforcing social dialogue, including those implemented within the framework of the plan of action and the timetable adopted as a result of the Social Dialogue Forum:

• -The draft reports on ratified Conventions for the 2022 reporting period were sent to the social partners between 15 July and 10 August 2022. Then, on 9 and 11 August 2022, in-person meetings were held with the social partners to discuss the content of the draft reports before the final texts were sent to the ILO on 1 September 2022. During the consultations, it was agreed that the workers’ and employers’ organizations that wished to do so would provide their observations on the draft reports to the national Labour Office and these would be attached to the report.
• In the context of the first session of the Social Dialogue Forum, at the urging of the Government, parallel meetings were held between employers’ and workers’ organizations with a view to reaching agreement on the composition of the national delegation which attended the 110th Session of the Conference (27 May to 11 June 2022).
• Minutes were exchanged between the principal commissions of the National Assembly and the Ministerial Office for Labour with a view to promoting social dialogue and consultations with workers’ and employers’ organizations on draft legislation with a direct impact on the world of work. The Government indicates that, at the request of the social partners, the necessary coordination is being carried out for the holding of consultations on various draft legislative texts respecting special conditions of work supplementing or derived from the Basic Labour Act (LOTTT).
• On 4 July 2022, a meeting was held between the Minister of the People’s Power for Industry and National Production and the representatives of FEDECAMARAS and FEDEINDUSTRIA with a view to reviewing and developing various measures related to national production.
• The Government indicates that, on 23 August 2022, the inclusion was approved of the employers’ organizations FEDECAMARAS and FEDINDUSTRIA in the National Productive Economy Council, which has the objective of achieving the structural transformation of the country to restimulate production.

The Committee encourages the Government to continue its efforts in this regard.

The Committee also notes the emphasis placed by the CBST-CCP in its observations on the measures intended to reinforce social dialogue, to which the Government refers in its report. FEDECAMARAS views positively the acceptance by the Government of ILO technical assistance and the holding of the Social Dialogue Forum. FEDECAMARAS nevertheless considers that, while there has been an improvement in 2022 in relations with the Government and meetings have been held between the partners which have been respectful and cordial, social dialogue in the country is still characterized by certain delays and weaknesses that require urgent attention. In this regard, FEDECAMARAS expresses concern at the fact that the Government has not formally accepted the recommendations of the 2019 Commission of Inquiry and has not yet established a structured tripartite consultation body, which would make the process of dialogue more effective. It adds that the meetings that have been held do not comply with the formalities recommended by the Commission of Inquiry and the ILO supervisory bodies, such as an independent chair or secretariat and a follow-up mechanism on compliance with the agreements reached, the adoption of an agreed schedule of meetings and the keeping of records. The Committee also notes that the CTASI, CTV and FAPUV consider that the tripartite consultations held have not been effective and, although the bilateral meetings held between the Government and the representative organizations are useful to promote social dialogue, they are not sufficiently effective to fully comply with the Convention. UNETE considers that effective tripartite consultations have still not been held on the subjects relating to international labour standards covered by the Convention. In this regard, the Committee notes the information provided by the social partners in their observations concerning the aspects of the tripartite consultations required by the Convention and the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), for which the adoption of additional measures is necessary to ensure their application and guarantee effective consultations:

• -With regard to the tripartite consultations held on draft reports on ratified Conventions (Article 5(1)(d) of the Convention), the Committee observes that the workers’ organizations CTASI, CTV and FAPUV as well as FEDECAMARAS indicate that there has been an improvement in the process of consultation, as the draft reports have been provided to the social partners for their subsequent tripartite discussion prior to their being sent to the ILO. However, they emphasize that it is still necessary for the reports to be provided to them earlier and for more meetings to be held for their review, in light of the high number of reports for which to comments should be made. In this regard, CTASI, CTV and FAPUV consider that the draft reports provided by the Government in 2022 were not received sufficiently early, with meetings in some cases being held with workers’ organizations only one day after their receipt of the draft reports. UNETE complains that the draft reports were only received on 31 August 2022, one day before they were sent to the ILO. In this regard, the Committee observes that, within the context of the second Social Dialogue Forum, the tripartite constituents agreed to advance the beginning of the preparatory work for the sending of reports in 2023 and to provide the draft reports at least two weeks before the meetings for consultation with the social partners. In this respect, the Committee recalls that, in order “to be ‘effective’, consultations must take place before final decisions are taken, irrespective of the nature or form of the procedures adopted. […] The effectiveness of consultations thus presupposes in practice that employers’ and workers’ representatives have all the necessary information far enough in advance to formulate their own opinions” (2000 General Survey on tripartite consultation, paragraph 31).
• -With reference to the holding of tripartite consultations on labour legislation and social and economic policies (Paragraph 6 of Recommendation No. 152), FEDECAMARAS emphasizes that mechanisms for the direct consultation of workers’ and employers’ organizations have not been adopted in practice. FEDECAMARAS indicates that the social partners were not consulted in relation to the adoption by the National Assembly of a series of laws (such as the Basic Act on Special Economic Zones). FEDECAMARAS and the workers’ organizations CTASI, CTV and FAPUV also indicate that they were not consulted in relation to their adoption in first reading in July and August 2022 of ten Bills on special labour systems under the LOTTT (such as the Special Bill on workers with disabilities). The Committee observes that, according to the report of the Governing Body of 2022, on 11 October 2022, a public consultation was held with employers’ and workers’ organizations on the Homeworkers’ Act with the participation of the CBST-CCP, CTASI, CTV, CGT, FEDECAMARAS and FEDEINDUSTRIA.
• -The CTASI, CTV and FAPUV indicate that they have not received a reply from the Government concerning their call to ratify Conventions Nos 151, 154, 189 and 190 (Article 5(1)(c) of the Convention).

While taking due note of the action taken by the Government with a view to reinforcing social dialogue and tripartite consultations, the Committee once again refers to the recommendations of the Commission of Inquiry and requests the Government, in consultation with the social partners and with ILO assistance, to take additional measures to ensure the proper functioning of effective tripartite consultation procedures, including the establishment of mechanisms to institutionalize social dialogue and tripartite consultation. The Committee also requests the Government to continue providing updated information on the measures adopted in this respect to give full effect to the Convention, and to take into account the guidance contained in Recommendation No. 152, including in relation to the consultations undertaken, the nature and form of the procedures established, the measures taken to strengthen these mechanisms and the capacity-building measures implemented for the tripartite constituents, taking national circumstances into account, and the good practices and challenges that have been identified.

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

The Committee notes the observations, concerning the application of the Convention in law and in practice, of the Independent Trade Union Alliance Confederation of Workers (CTASI) of 31 August 2021; and the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), with the support of the International Organisation of Employers (IOE), of 1 September 2021; as well as the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP), of 8 September 2021. The Committee requests the Government to provide its comments thereon.

Follow-up to the recommendations of the Commission of Inquiry (complaint made under article 26 of the Constitution of the ILO)

In its previous observation, the Committee noted the conclusions and recommendations of the report of the Commission of Inquiry concerning the implementation of the Convention. The Committee notes the discussion at the 343rd Session (November 2021) of the Governing Body on the examination of all measures, including those provided for in the ILO Constitution, required to ensure that the Bolivarian Republic of Venezuela complies with the recommendations of the Commission of Inquiry, and the decision adopted in this regard. The Committee notes that the Governing Body will again consider at its 344th Session (March 2022) the Government’s progress in ensuring compliance with the recommendations of the Commission of Inquiry and will continue examining possible measures to achieve this objective.

Articles 2, 5 and 6 of the Convention. Effective tripartite consultations. The Committee recalls that the Commission of Inquiry recommended, through tripartite dialogue with the representative organizations of employers and workers: (i) the establishment of effective tripartite consultation procedures, and (ii) the institutionalization of dialogue and consultation covering the subjects envisaged in all ratified ILO Conventions or relating to their application. In its previous observation, having regretted to note that no progress had been made either in complying with the Convention or in implementing the recommendations of the Commission of Inquiry, the Committee encouraged the Government to engage in the widest possible tripartite consultations and social dialogue and invited it to provide updated information on the measures taken in this respect, including on capacity-building measures for the tripartite constituents and measures to reinforce mechanisms and procedures, and on the identified challenges and good practices.

The Committee notes the Government's indication that, within the framework of its renewed policy of national dialogue with all sectors of the country, in accordance and in order to improve compliance with the Convention, it has been conducting wide and inclusive dialogue with all employers' and workers' organizations. In this regard, the Government indicates that: (i) since early 2021, dialogue round tables have been established with the various employers' and workers' organizations, in a climate of respect and goodwill, to address matters related to the Conventions concerned by the Commission of Inquiry, with a view to reaching solutions and continuing to make progress in accordance with the obligations established in the Convention. This invitation was answered by FEDECAMARAS, the Venezuelan Federation of Craft, Micro, Small and Medium-sized Business Associations (FEDEINDUSTRIA), the CBST-CCP, the CTASI, the General Confederation of Labour (CGT), National Union of Workers of Venezuela (UNETE), the Confederation of Autonomous Trade Unions (CODESA, which submitted a document and withdrew), as well as the Confederation of Workers of Venezuela (CTV, which sent a communication declining to attend the dialogue proposed as a dispute settlement mechanism); (ii) meetings were subsequently held in response to the social partners’ requests and, as of May 2021, a forum designated the Meeting for National Dialogue on the World of Work was held virtually through six working sessions, one of which was devoted to matters relating to the implementation of the Convention; and (iii) during these sessions, the partners were able to express their views and make extensive presentations on matters relating to the implementation of the Convention, in a climate of respect and goodwill, with wide participation of a number of them: FEDECAMARAS, FEDEINDUSTRIA, CBST-CCP, the CTASI, UNETE, CTV (which took part in the first two sessions), CODESA (which attended the first session only), and CGT (which expressed interest but had connection problems).

In this respect, the Committee welcomes the actions that, in the context of these forums for dialogue, the Government indicates it has undertaken or will carry out to ensure compliance with the Convention and to strengthen social dialogue. The Committee encourages the Government to continue with these actions:

• (i) referral to the National Assembly of the Committee's comments on the revision of laws and standards implementing ILO Conventions, as well as the Government's commitment to engage in consultations with the social partners on draft laws, or their respective reforms initiated by the National Assembly relating to international labour standards (to this end, the social partners were formally consulted on suggestions and recommendations regarding draft laws or reforms currently on the legislative agenda, and the Ministry of People’s Power for the Social Process of Labour (MPPPST) undertook to act as a liaison between the legislature and the social partners);
• (ii) the establishment of three technical working groups between the social partners and the Government on the application of the Conventions concerned by the Commission of Inquiry, to develop specific proposals on methods and procedures referred to in the texts of the Conventions while taking into account national realities. The Government indicates that these technical working groups started their work on 30 July 2021 and continued on 17 and 18 August 2021, and indicates that a general discussion was held on enhancing procedures to comply with the Convention;
• (iii) virtual coordination meetings in May 2021 with the various social partners, employers and workers, to report on the progress of the 109th International Labour Conference, including its special format, agenda items and the composition of delegations. The Government indicates that additional coordination meetings are planned for the second part of the 109th Conference (25 November–11 December 2021);
• (iv) referral to the National Assembly of the list of international labour standards adopted by the Conference pending ratification, with a view to furthering consultations on those standards, in accordance with the Convention. In this regard, in March 2021, the National Assembly approved an Agreement for the revision and evaluation of ILO Conventions, through which the competent Ministries were urged to take measures to ensure the participation of workers, employers and other public authorities. Also in March, the MPPPST initiated the consultation process on the Violence and Harassment Convention, 2019 (No. 190), submitting an evaluative instrument on the Convention to the social partners in April 2021, together with the national legal framework and ILO documentation on the instrument (at the time of writing, responses have been received from three of the eight organizations consulted); and
• (v) consultation with the social partners on the content of the reports on Conventions Nos 1, 22, 26, 27, 87, 95, 100, 111, and 144, starting on 18 August 2021 with a presentation on each subject and a deadline for submission prior to the deadline set by the ILO.

The Government also indicates that: (i) it plans to hold a forum, with the participation of ILO technical representatives, to discuss the progress made in the framework of the Meeting for National Dialogue on the World of Work and the technical working groups for the improvement of compliance with the Conventions that are concerned by the Commission of Inquiry; (ii) other spaces for dialogue have been opened between the social partners and the executive authorities, such as the invitation of the Executive Vice-President of the Cabinet to FEDECAMARAS to attend the Higher Council of Productive Economy, with a meeting that took place on 30 July 2021 and which was attended by representatives of FEDECAMARAS and FEDEINDUSTRIA, as well as other productive sector associations in agri-food, fisheries and agriculture; and (iii) spaces for dialogue are being created with other public authorities, such as the dialogue initiated in early 2021 with the new leadership of the National Assembly, through the Special Committee for Dialogue, Peace and National Reconciliation, in which various workers' and employers' organizations have participated.

While noting that the CBST-CCP similarly highlights the spaces for dialogue referred to by the Government as progress, the Committee also notes the other social partners’ observations (FEDECAMARAS and CTASI) that the exploratory tripartite and bipartite dialogue carried out has not yet translated into tangible progress, nor does it meet the criteria established in the recommendations of the Commission of Inquiry, given the lack of minutes, independent chairing, methodology for a results-oriented agenda or ILO assistance. Furthermore, FEDECAMARAS indicates that a number of the planned mechanisms, such as the coordination of consultations with regard to the National Assembly’s legislative agenda, have not yet been implemented; the CTASI also emphasizes that it is of fundamental importance for the dialogue to ensure the full freedom of all trade unionists and leaders being restricted under judicial proceedings, and freedom from interference in their organizations’ autonomy.

While duly noting the above developments, the Committee refers to the recommendations of the Commission of Inquiry and requests the Government, in consultation with the social partners and with the assistance of the ILO, to take additional measures for the proper functioning of effective tripartite consultation procedures, including mechanisms to institutionalize dialogue and consultation. The Committee invites the Government to continue providing updated information on the measures taken in this respect in accordance with the Convention, and the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), including on the consultations undertaken, the nature and form of the procedures established, the measures to strengthen these mechanisms and the capacity-building measures for the tripartite constituents, taking national circumstances into account, and the good practices and challenges that have been identified.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Follow-up to the recommendations of the Commission of Inquiry (complaint made under article 26 of the Constitution of the ILO)

The Committee recalls that the Governing Body, at its 332nd Session (March 2018), approved the appointment of a Commission of Inquiry to examine a complaint made under article 26 of the ILO Constitution alleging non-observance by the Government of the Bolivarian Republic of Venezuela of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Committee notes that the Commission of Inquiry completed its work in September 2019 and that its report was presented to the Governing Body, which took note of it at its 337th Session (October 2019).

The Committee notes the document submitted to the Governing Body (GB.340/INS/13) with the Government’s reply to the Commission of Inquiry’s report, and also the discussion which took place on this matter at the 340th Session (October 2020) of the Governing Body and which will continue at its next session in March 2021. In its reply, and in its report to the Committee, the Government states that it does not accept the recommendations of the Commission of Inquiry since compliance with them would entail the violation of the Constitution of the Republic, the separation of powers, the law, the independence, the sovereignty and the self-determination of the Bolivarian Republic of Venezuela. However, the Committee observes that the Government did not avail itself of the prerogative granted under the ILO Constitution – namely, to refer the complaint to the International Court of Justice within three months of receipt of the report. Moreover, the Committee observes that the Government expresses its readiness to improve its compliance with the Conventions ratified by the country on the basis of constructive suggestions from the ILO supervisory bodies and to receive technical assistance from the Office.

The Committee recalls that, in formulating comments on the application of the Convention by the Government of the Bolivarian Republic of Venezuela, it has been raising many of the issues examined by the Commission of Inquiry, which confirmed and examined in detail a number of the concerns raised by the Committee with regard to the application of this governance Convention. In this regard, the Commission of Inquiry considered in its report that, in light of the gravity of the issues raised, the situation and the progress achieved on its recommendations should be the subject of active supervision by the ILO supervisory bodies concerned. In particular, it stated that the Government must submit to the CEACR the corresponding reports on the application of the Conventions covered by the complaint for examination at its session in November–December 2020.

The Committee notes that the Commission of Inquiry, after finding that the Government did not provide evidence of compliance with the consultation requirements set out in the Convention, recommended that the authorities concerned take without further delay – and with implementation to be completed no later than 1 September 2020 – the necessary steps to ensure due and effective compliance with the consultation requirements set out in the Convention, and the ending of the exclusion from social dialogue and consultation of the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) and trade union organizations that are not close to the Government. In particular, the Commission recommended, through tripartite dialogue with the representative organizations of employers and workers:

(i) the establishment of effective tripartite consultation procedures. In light of the serious deficiencies in social dialogue in the country, taking into consideration the recognition by the Government itself of the need to create mechanisms for social dialogue, the Commission of Inquiry advised the establishment in the very near future of bodies or other institutionalized procedures for social dialogue to facilitate compliance with the obligations set out in the Convention, in relation to consultations to promote the application of international labour standards; and

(ii) the institutionalization of dialogue and consultation covering the subjects envisaged in all ratified ILO Conventions or relating to their application.

While noting that in its report the Government emphasizes its disagreement with the conclusions and recommendations of the Commission of Inquiry, the Committee recalls that on previous occasions when following up on recommendations of a Commission of Inquiry the Committee has observed that the ILO Constitution does not make the results of an inquiry subject to the consent of the State concerned. In this regard, the Committee has recalled that under article 32 of the Constitution, the only authority capable of affirming, varying or reversing the findings or recommendations of a Commission of Inquiry is the International Court of Justice, and that therefore, a government which chooses not to avail itself of the possibility of referring the matter to the International Court of Justice ought to take account of the conclusions and act upon the recommendations of the Commission of Inquiry, in light of the provisions of the ILO Constitution.

The Committee notes the observations, regarding the follow-up to the recommendations of the Commission of Inquiry and the application of the Convention, sent by the following organizations: the Independent Trade Union Alliance Confederation of Workers (ASI), received on 30 September 2020; the Confederation of Workers of Venezuela (CTV), received on 30 September 2020; FEDECAMARAS, with the support of the International Organisation of Employers (IOE), received on 1 October 2020; the Confederation of Autonomous Trade Unions (CODESA), the General Confederation of Labour (CGT) and the National Union of Workers of Venezuela (UNETE), received on 1 October 2020. Finally, the Commission takes note of 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 3 December 2020, stating that the CBST-CCP has managed, in coordination with the Government and despite adverse conditions, to maintain compliance with the Convention in the course of 2020. The Committee requests the Government to send its observations in this regard.

Articles 2, 5 and 6 of the Convention. Effective tripartite consultations. The Committee notes that the Government once again states that it has always complied fully with the Convention and that the ILO supervisory bodies, including the Commission of Inquiry, are confusing the tripartite consultation provided for in the Convention on matters relating to the ILO with social dialogue in general, which the Government asserts that it also promotes. In this regard, the Committee notes with regret that, even though the conclusions of the Commission of Inquiry’s report reminded the Government of the scope of the obligations contained in the Convention – conclusions to which the Committee refers – the Government does not provide any evidence of having held tripartite consultations on any of the matters referred to in Article 5(1) of the Convention, devoting its report to claiming that it promotes social dialogue in general. The Committee notes in this respect that the examples cited by the Government in its report to claim the existence of the aforementioned social dialogue (the Government indicates that it held meetings at the highest level with representatives of the employers, including FEDECAMARAS, CONSECOMERCIO and FEDEINDUSTRIA, and refers to public declarations by those representatives reportedly recognizing the existence of social dialogue with the Government), and also the measures connected with combating the pandemic that the Government describes (claiming that it has adopted them taking account of the various suggestions and recommendations of the various national sectors of production), do not contain any indication or evidence of compliance with the specific consultation requirements established in the Convention to promote the application of international labour standards.

At the same time, the Committee notes that the observations sent by FEDECAMARAS, the ASI, the CTV, UNETE, the CGT and CODESA allege that the Government is not complying with the tripartite consultation requirements contained in the Convention; they emphasize that the examples and measures referred to by the Government cannot be considered as effective social dialogue either; they express regret at the absence of social dialogue and tripartite consultation in the country; and they assert that the Government is unwilling to establish any tripartite mechanisms. In this regard, FEDECAMARAS indicates that the public declarations of its representatives referred to by the Government were transcribed partially and do not indicate the existence of agreement or of compliance with the Convention; and that it cannot be argued that either the limited meetings held between some of its representatives and the Government to resolve operational issues in the context of the pandemic or the patchy responses aimed at tackling the crisis can be regarded as effective social dialogue.

With regard to the forwarding by the Government of its reports on the application of ratified Conventions to employers’ and workers’ organizations, the Committee notes that almost all of the social partners’ observations criticize delays in delivery of the reports and the lack of any tripartite consultation or discussion in this regard. From the information provided by the Government the Commission can only note, regarding the communication of reports, the application of article 23(2) of the ILO Constitution, which a number of organizations claim is done too late for it to fulfil its function (for example, according to the notification of dispatch forwarded by UNETE, the CGT and CODESA, the reports were forwarded one day before the deadline established by the ILO Governing Body for sending them to the Committee).

The Committee observes, as the Commission of Inquiry already did, that even though the notifications of dispatch of the Government’s reports to which it has had access refer to the Convention, the Government has not provided any evidence showing that these imply or are supported by the slightest intention of, or invitation to, genuine tripartite consultation. As regards the other matters for consultation referred to in Article 5(1) of the Convention to promote the application of international labour standards, the Government does not mention or provide any evidence or information on consultation procedures for complying with the Convention.

The Committee is therefore bound to note that the Government, once again, has not provided any information that gives evidence of compliance with the requirements of the Convention, either regarding effective consultations on matters relating to the ILO referred to in Article 5(1) or regarding the nature and form of consultation procedures in accordance with Article 2(2).

In light of the above, the Committee notes with deep regret that no progress whatsoever has been made either with respect to compliance with the Convention or with respect to the implementation of the recommendations made by the Commission of Inquiry in this regard.

The Committee is aware of the ongoing consideration being given by the Governing Body to the follow-up of the report of the Commission of Inquiry. In view of the grave violations of labour rights described above, the systematic failure to comply with a number of ILO Conventions and the serious lack of cooperation from the Venezuelan authorities with regard to its obligations, the Committee considers it critical that within the context of the ILO standards the situation in the country be given the full and continuing attention of the ILO and the ILO supervisory system in order to obtain robust and effective measures that can bring about compliance in law and in practice with the Conventions concerned.

In the context of the COVID-19 pandemic, the Committee recalls the extensive guidance provided by international labour standards. The Committee encourages the Government to engage in the widest possible tripartite consultations and social dialogue as a sound basis for formulating and implementing effective responses to the profound economic and social effects of the pandemic. The Committee invites the Government to provide updated information in its next report on the measures taken in this respect, in accordance with the guidance provided in Article 4 of the Convention and Paragraphs 3 and 4 of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), including on capacity-building measures for the tripartite constituents and measures to reinforce mechanisms and procedures, and also on the challenges and good practices that have been identified.

[The Government is asked to reply in full to the present comments in 2021.]

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Independent Trade Union Alliance Confederation of Workers (CTASI), received on 28 May and 29 August 2018. The Committee also notes the observations of the International Organisation of Employers (IOE) and the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), received on 1 September 2018.

The Committee recalls that, at its 329th Session (March 2017), the Governing Body declared admissible a complaint concerning non-observance by the Bolivarian Republic of Venezuela of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), made under article 26 of the ILO Constitution by several Employers’ delegates to the 104th Session (2015) of the International Labour Conference, and at its 332nd Session (March 2018), the Governing Body decided that a commission of inquiry would be established. In these circumstances, and in accordance with usual practice which suspends the functioning of the supervisory machinery during the period of operation of a commission of inquiry, the Committee will renew its supervision of the application of the Convention in the Bolivarian Republic of Venezuela once the commission has concluded its work.

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

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

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

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

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that a complaint under article 26 of the ILO Constitution alleging non-observance of the Convention by the Bolivarian Republic of Venezuela, made by a group of Employer delegates to the International Labour Conference in 2015, was declared receivable and is pending before the Governing Body.

The Committee notes the observations made jointly by the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) and the International Organisation of Employers (IOE), received on 2 September 2015, and the additional observations received on 29 October 2015. The Committee notes the Government’s reply, received on 22 November 2015. The Committee also notes the observations by the Confederation of Workers of Venezuela (CTV), received on 1 September 2015, and of the National Union of Workers of Venezuela (UNETE), received on 2 October 2015. The Committee requests the Government to provide its comments in this respect.

Articles 2, 5 and 6 of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide specific information on the consultations held on each of the matters relating to international labour standards which come within the scope of the Convention. The Committee notes the Government’s indication in its report that it has a broad and inclusive conception of social dialogue and that participation mechanisms must not be confined merely to the most representative organizations. The Government refers to the consultations held within the framework of the Economic Peace Conference (April 2014) and the Productive Power Anzoátegui Expo 2015, which benefited from the participation of many employers. The Government gives assurances that each year it transmits the reports on the application of ratified and unratified Conventions, the report forms, reports, surveys and instruments from the Office and the International Labour Conference, for consultation with the workers’ and employers’ organizations in the country. The Committee observes that FEDECAMERAS and the IOE are of the view that the most representative organization of employers in the country continues to be ignored by the Government. FEDECAMERAS and the IOE indicate that the meetings referred to by the Government do not constitute a consultation or an executive dialogue mechanism. There are no real structural dialogue bodies in the country to facilitate a healthy exchange of ideas or the achievement of consensus. According to FEDECAMERAS and the IOE, the Government is still failing to comply with the request made by the high-level tripartite mission which visited the Bolivarian Republic of Venezuela (27–31 January 2014) to formulate a plan of action aimed at setting up a tripartite dialogue round table. FEDECAMERAS adds that is it not seeking exclusive dialogue, but only demands that it be included within the broad consultations that the Government claims that it is conducting within the constitutional parameters of the country. The Committee notes the indication by the CTV that the Government has refused to establish any type of tripartite consultation on subjects relating to the world of work in the country. The CTV observes that labour legislation, and particularly the fixing of the minimum wage is carried out unilaterally. Similarly, UNETE emphasizes the lack of dialogue and consultation in the country. The Committee regrets that there has not been progress in social dialogue and urges the Government to take measures in this respect. The Committee requests the Government to provide updated information on the effective consultations held on each of the subjects relating to international labour standards that come within the scope of the Convention, and on the procedures envisaged for the holding of such consultations. The Committee reiterates its request to the Government to indicate the manner in which account is taken of the opinions expressed by the representative organizations concerning the operation of the consultation procedures required by the Convention.

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

Articles 2, 5 and 6 of the Convention. Effective tripartite consultations. In relation to its 2013 comment, the Committee notes the Government’s report and its reply to the new observations received in August and September 2014 from the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) and the International Organisation of Employers (IOE), and from the Independent Trade Union Alliance (ASI), the Confederation of Workers of Venezuela (CTV) and the National Union of Workers of Venezuela (UNETE). The Government indicates that FEDECAMARAS will be invited to join the bodies that monitor the application of international standards on the same terms as the Bolivarian Socialist Confederation of Urban, Rural and Fisheries Workers. The Government adds that it sends the reports to FEDECAMARAS so that it can express its views in writing, and that the reports are also sent to UNETE but not to ASI since the latter is not listed as a trade union organization in the official registers. FEDECAMARAS and the IOE reiterate their concern at the situation of social dialogue in the country and refer to the report of the high-level tripartite mission to the Bolivarian Republic of Venezuela (Caracas, 27–31 January 2014) (GB.320/INS/8, March 2014), in particular paragraph 52, which states that “the inclusive dialogue recommended by the Constitution of the Bolivarian Republic of Venezuela is fully compatible with the existence of tripartite social dialogue bodies and that any negative experience of tripartism in the past should not compromise the application of ILO Conventions concerning freedom of association, collective bargaining and social dialogue, or undermine the contribution made by tripartism in all ILO member States”. The trade union organizations also express their concern at the problems they face as regards holding constructive social dialogue. The Government indicates in its reply that it is continuing the consultation process with the trade unions, chambers of commerce, federations and other types of people’s organizations to draw up a plan of action aimed at setting up dialogue round tables, in conformity with the legal and constitutional framework of the country. In its previous observations the Committee expressed its conviction that the Government and the social partners should commit to promote and strengthen tripartism and social dialogue and establish procedures which ensure effective tripartite consultations. The Committee requests the Government to provide details of the effective consultations held on each of the matters relating to international labour standards which come within the scope of the Convention. The Committee requests the Government once again to indicate how account is taken of the opinions expressed by the representative organizations concerning the operation of the consultation procedures required by the Convention.

[The Government is asked to reply in detail to the present comments in 2015.]

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Communications from employers’ and workers’ organizations. Tripartite consultations required by the Convention. The Independent Trade Union Alliance (ASI), in a communication received in August 2013, urges the Government to promote procedures for consultation and social dialogue. The Confederation of Workers of Venezuela (CTV) also indicates that, as at 29 August 2013, the reports required by Article 5(1)(d) of the Convention had not been received. Moreover, the National Union of Workers of Venezuela (UNETE) declares that there are no “procedures which ensure effective consultations”, as provided for in the Convention. Furthermore, the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) and the International Organisation of Employers (IOE), are asking the Government to include FEDECAMARAS as the most representative employers’ organization in the country with a view to preventing the adoption of decisions on economic, social and labour policy which, in the absence of social dialogue, are aggravating the economic crisis in the country. In the reports received in September and November 2013, the Government reiterates that it duly fulfils its obligation each year to send communications to the representative organizations of workers and employers. The copies of all reports requested from the Government are sent to six workers’ organizations (including the CTV and UNETE) and five representative employers’ organizations from various sectors of the country (including FEDECAMARAS). The Government observes that these organizations send observations to the ILO relating to the reports and that the Government examines and takes account of these comments and observations and then sends them to the ILO. The Government emphasizes its efforts to construct, promote and develop more extensive and inclusive social dialogue in which all representative employers’ and workers’ organizations participate. The Committee refers to its previous observations in which it expressed its conviction that the Government and the social partners should undertake to promote and strengthen tripartism and social dialogue and establish procedures which ensure effective tripartite consultations (Article 2(1) of the Convention). The Committee invites the Government to examine any changes in practice regarding the procedures established for holding consultations on any questions arising out of reports to be made to the Office (Article 5(1)(d)). The Committee requests the Government to include specific information in its next report on how account is taken of the opinions expressed by the representative organizations concerning the operation of the consultation procedures required by the Convention.

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

Communications from employers’ and workers’ organizations. Tripartite consultations required by the Convention. The Committee notes the observations of the Independent Trade Union Alliance (ASI) sent to the Government in September 2011. It notes that according to the ASI, the information sent to the Committee of Experts has not been communicated to the workers’ organizations, which affects their ability to make relevant observations on the application of ratified Conventions. In observations sent to the Government in September 2011, the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) likewise referred once again to the absence of any bipartite and tripartite consultations. FEDECAMARAS again urged the Government to establish social dialogue and tripartite consultation as a genuine and sure path towards the social and economic development of the country. FEDECAMARAS again noted the lack of any consultation in the framing and adoption of various legislative texts. In observations sent to the Government in September 2012, the Confederation of Workers of Venezuela (CTV) states that it asked the Government to inform it of the content of the reports sent to the Committee of Experts in 2012, but was not given the opportunity to make relevant observations. In observations sent to the Government in September 2012, FEDECAMARAS again reports failure to consult the most representative employers’ association of the country when a number of important laws were promulgated, including the Organizational Act on Labour and Men and Women Workers, in May 2012. In a communication received in August 2012, the International Organisation of Employers (IOE) expressed support for the observations made by FEDECAMARAS, asserting that the facts they recounted are evidence of a total absence of social dialogue in the country. The IOE adds that the very existence of independent employers’ organizations, particularly FEDECAMARAS, the most representative employers’ association in the country, is at risk. In replying to the social partners’ observations received in November 2012, the Government explains that, on 4 September 2012, the CTV received a digital copy of 11 reports prepared for 2012. The Government reports that a committee consisting of all sectors in the country was established to discuss the new Organizational Act on Labour. The Committee refers to its observation of 2010 in which it reiterated its conviction that the Government and the social partners should undertake to promote and strengthen tripartism and social dialogue on the matters covered by the Convention. The Committee again invites the Government to indicate the manner in which the opinions expressed by the representative organizations consulted on each of the matters covered by Article 5(1) of the Convention are taken into account, with particular reference to how its practice has evolved with regard to tripartite consultation on draft reports on the application of ratified Conventions (Article 5(1)(d)).

[The Government is asked to reply in detail to the present comments in 2013.]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Strengthening social dialogue and tripartite consultations. The Committee notes the observations made by the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) received in August 2009 and 2010. Observations were also received from the Confederation of Workers of Venezuela (CTV) in August 2009 and from the Independent Trade Union Alliance (ASI) in August 2010. The Government forwarded its own comments in December 2009 and November 2010 in relation to the observations made by the social partners. The Committee notes the Government’s report on the application of the Convention for the period ending September 2010. FEDECAMARAS reiterated its concern for the establishment of social dialogue and tripartite consultations as a genuine and sure path towards the socio-economic development of the country. The CTV and ASI also reported the lack of social dialogue between the national Government and trade union organizations. The matters raised by FEDECAMARAS include the approval of the Act of May 2009 reserving for the State the goods and services of primary hydrocarbon activities, the increases in minimum wages and the amendment of the new Act respecting the National Cooperation and Education Institute, some of which are also referred to in the Committee’s comments on the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), and the Human Resources Development Convention, 1975 (No. 142). The Committee also notes the record of the proceedings of the meeting on 12 May 2009, of nine employers’ organizations with the Standing Committee on Integral Social Development of the National Assembly on possible reforms to the Basic Labour Act, which was transmitted by FEDECAMARAS. The Committee refers once again to its previous comments and reiterates its conviction that the Government and the social partners should undertake to promote and strengthen tripartism and social dialogue on the matters covered by the Convention. The Committee therefore invites the Government and the social partners to provide information in the next report on the “effective consultations” on international labour standards required by Convention No. 144, which is a major Convention from the viewpoint of governance.

Tripartite consultations required by the Convention. The Committee notes with interest that the President of the National Assembly was provided with information on 30 August 2010 on 41 international labour Conventions, Recommendations and Protocols adopted by the Conference between 1992 and 2007 (Article 5(1)(b) of the Convention). The ASI indicated that the Government failed to apply Convention No. 144 because it has not brought the information supplied to the Committee of Experts to the attention of the workers’ organizations. The Government indicated in the reply received in November 2010 that it fully complies with its obligation to communicate to the representative organizations of workers and employers regarding copies of the reports sent to the ILO, in conformity with article 23(2) of the ILO Constitution and in accordance with the requirements of Convention No. 144. The Committee recalls that the obligation to consult representative organizations with regard to the reports to be made on the application of ratified Conventions, under the terms of Article 5(1)(d) of the Convention, must be distinguished from the obligation to communicate reports under article 23(2) of the Constitution. The tripartite consultations required by the Convention must be held during the process of preparing reports. Where consultations are held in writing, the Government should transmit a draft report to the representative organizations in order to gather their opinions before preparing its definitive report (paragraphs 92–93 of the General Survey of 2000 on tripartite consultation). The effectiveness of consultations thus presupposed that the representative organizations have all the necessary information far enough in advance to formulate their own opinions and then to be in a position to put forward those opinions before the Government takes its final decision (paragraph 31 of the General Survey of 2000). The Committee once again invites the Government to indicate in its next report the manner in which the opinions expressed by the representative organizations consulted on each of the matters covered by Article 5(1) of the Convention have been taken into account, with particular reference to the manner in which its practice has developed with regard to tripartite consultation on draft reports on the application of ratified Conventions (Article 5(1)(d)).

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

Strengthening social dialogue and tripartite consultations. In its previous comments, the Committee asked the Government to report on the manner in which representative organizations, enjoying the right of freedom of association, participate in the consultations required under the Convention, as well as on the consultations on the proposals put to the National Assembly when the instruments adopted by the International Labour Conference are submitted. Furthermore, the Government was asked to report on all the other consultations required under Article 5, paragraph 1, of the Convention. The Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS), for its part, in October 2007 and August 2008, forwarded to the Committee its observations on Convention No. 144 and on the application of Convention Nos 26, 87 and 158. In its latest report on Convention No. 144, the Government points out the broadening of the participation of various social partners, to include the various employers’ and workers’ organizations which enjoy the full exercise of trade union activity. The Government confirms that, in accordance with the National Constitution, Convention No. 144 and the provisions of section 62 of the regulations under the Organic Labour Act, a broad basis for social dialogue has been legitimized. As part of this measure, a national social dialogue round table has been set up to review minimum wages. The Committee refers to the outstanding issues relating to Convention No. 26 and asks the Government to specify the manner in which the Social Dialogue Round Table contributes to the application of Convention No. 144. The Committee once again refers to its previous comments and reiterates its conviction that the Government and the social partners should undertake to promote and strengthen tripartism and social dialogue on the matters covered by the Convention. The Committee refers to the ILO Declaration on Social Justice for a Fair Globalization, adopted in 2008, which states that “social dialogue and the practice of tripartism between governments and the representative organizations of workers and employers within and across borders are now more relevant to achieving solutions and to building up social cohesion and the rule of law through, among other means, international labour standards”. Consequently, the Committee reiterates its invitation to the Government and to the social partners to hold the “effective consultations” on international labour standards required under Convention No. 144, a major Convention that is to be regarded as most significant from the viewpoint of governance.

Article 5, paragraph 1(b). Tripartite consultations prior to submission to the National Assembly. In its 2008 report, the Government refers to the information communicated previously, indicating that it would report in due course on developments in the submission procedure. The Government had reported that, in February 2006, the national labour authorities had asked the Ministry of Foreign Affairs to take the appropriate steps to have the instruments which were outstanding submitted to the National Assembly. The Committee notes that the consultations required under this provision of the Convention do not appear to have been held. Furthermore, the Committee also notes that no steps have been taken to submit the instruments concerned. The Committee refers to its observation concerning the constitutional obligation of submission in which it notes that 41 instruments adopted by the Conference await submission, and asks the Government to report on the effective consultations that will be held with the social partners on the proposals tabled in the National Assembly when the instruments adopted by the Conference are submitted.

Other tripartite consultations required by the Convention. The Government indicates in its 2008 report that, prior to the annual Conference, the office of the People’s Ministry of Labour and Social Security convenes all the representatives of workers and employers so that they can examine the agenda and give their opinions in that regard. The Committee invites the Government to indicate in its next report the manner in which the opinions expressed by the representative organizations consulted on the matters covered by Article 5, paragraph 1, of the Convention have been taken into account.

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

1. Article 1 of the Convention. Representative organizations. Further to the Committee’s 2006 observation, the Government has sent an early reply in a report received in August 2007. The Committee notes the information contained in the report which insists that social dialogue is being diversified and broadened. Social dialogue has included meetings between regional and sectoral chambers and national, regional and local authorities. The Government states that social dialogue is possible under the present conditions, given the coexistence of solid and independent employers’ and workers’ organizations which enjoy full respect of the principles of freedom of association and collective bargaining. The Committee refers to the outstanding issues mentioned in the comments on Conventions Nos 87 and 98. In its 2003, 2005 and 2006 observations on Convention No. 144, the Committee also referred to the resolution concerning tripartism and social dialogue (adopted by the Conference at its 90th Session in 2002), which emphasizes that social dialogue and tripartism have proved to be valuable and democratic means to address social concerns, build consensus, help elaborate international labour standards and examine a wide range of labour issues in which the social partners play a direct, legitimate and irreplaceable role. In this context, the Committee trusts that the Government will include in its next report on Convention No. 144 information on the measures adopted to ensure that the consultations required under this Convention are held with “representative organizations” enjoying the right of freedom of association.

2. In this respect, the Committee hopes that the Government will be able to provide its remarks on the comments of the International Organisation of Employers (IOE) which the Office transmitted in October 2007. The IOE highlights the interest shown by the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS) in strengthening its relations and collaboration with the Government and in fostering genuine social dialogue within the meaning of the Convention.

3. Article 5, paragraph 1(b). Tripartite consultations prior to submission to the National Assembly. In its last report, the Government included a further copy of the communication of February 2006, addressed by the Ministry of Labour to the Ministry of Foreign Affairs, asking that steps be taken to have the instruments still outstanding submitted to the National Assembly. The Committee notes that no reply was received to this communication and that no steps have yet been taken to submit the instruments concerned. The Committee asks the Government once again to report on the effective consultations that will be held with the social partners on the proposals put to the National Assembly when the instruments adopted by the Conference are submitted.

4. Other tripartite consultations required under the Convention. In its report, the Government refers to consultations concerning minimum wage fixing and occupational health and safety, collective agreements in the construction and oil sector and business round tables. Without prejudice to the comments made on the application of other Conventions, the Committee reiterates its interest in examining, in the Government’s next report, information relating to the effective tripartite consultations which are to be held on the other matters listed in Article 5, paragraph 1, of Convention No. 144.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Tripartite consultations required by the Convention. The Committee notes that, in reply to its observation of 2005 on the application of the Convention, the Government sent a communication, dated February 2006, and addressed by the Ministry of Labour to the Ministry of Foreign Affairs, asking that steps be taken to have the instruments still outstanding submitted to the National Assembly. The Committee hopes that the Government will be able to report that effective consultations were held with the social partners on the proposals put to the National Assembly at the time of the submission of the instruments adopted by the Conference, as required by Article 5, paragraph 1(b), of the Convention.

2. The Committee refers the Government to its earlier observations and again requests it to provide up to date information on the tripartite consultations held on all the subjects covered by the Convention (Articles 2 and 5).

3. Taking into account national circumstances, the Committee once again refers to the resolution concerning tripartism and social dialogue (adopted by the Conference at its 90th Session in 2002), which emphasizes that social dialogue and tripartism have proved to be valuable and democratic means to address social concerns, build consensus, help elaborate international labour standards and examine a wide range of labour issues in which the social partners play a direct, legitimate and irreplaceable role. The Committee trusts that the Government will provide information in its next report on the manner in which the “consultation policies” to which it refers in the report received in 2004 include measures to ensure that the consultations required by Convention No. 144 are carried out with “representative organizations” enjoying freedom of association (Article 1 of the Convention).

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Tripartite consultations required by the Convention. In reply to the observation of 2003, the Government indicates in a report received in September 2004 that it sent to the social partners a copy of the report as already prepared by the National Government, and of the comments made by the Committee of Experts, on the understanding that if the organizations made comments they would be annexed to the report immediately. The Committee recalls that it pointed out in previous comments that when consultations are carried out in writing the Government should transmit a draft report to the representative organizations to obtain their views before finalizing the report (Article 5, paragraph 1(d), of the Convention). The Committee also refers to the observation that it has been making for many years on compliance with the obligation to submit the instruments adopted by the Conference to the National Assembly (Article 5, paragraph 1(b)) and it would be grateful if the Government would provide updated information in its next report on the tripartite consultations held in practice on each of the items covered by the Convention (Articles 2 and 5).

2. Taking into account national circumstances, the Committee once again refers to the resolution concerning tripartism and social dialogue (adopted by the Conference at its 90th Session in 2002), which emphasizes that social dialogue and tripartism have proved to be valuable and democratic means to address social concerns, build consensus, help elaborate international labour standards and examine a wide range of labour issues on which the social partners play a direct, legitimate and irreplaceable role. In this respect, the Committee trusts that the Government will also provide information in its next report on the manner in which the "consultation policies" to which it refers in its last report include measures to ensure that the consultations required by Convention No. 144 are carried out with "representative organizations" enjoying the right of freedom of association (Article 1 of the Convention).

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes the Government’s report received in October 2002 in which it provides detailed information on the consultations relating to items on the agenda of the International Labour Conference, the submission to the National Assembly of the instruments adopted by the Conference and the ratification of Conventions. In its previous comments the Committee recalled that the obligation to consult the representative organizations on the reports to be made regarding the application of the Conventions ratified, arising from Article 5, paragraph 1(d), of the Convention, should be distinguished from the obligation to send reports to workers’ and employers’ organizations under article 23, paragraph 2, of the Constitution, as the consultations required by Convention No. 144 must be carried out at the time that the reports are being drawn up. When consultations are carried out in writing, the Government should transmit a draft report to the representative organizations to obtain their views before finalizing the report. The Committee would be grateful if the Government would continue to provide in its next report substantive information on the consultations held concerning all the issues covered by the Convention (Article 5, paragraph 1(d), of the Convention).

2. Noting the various discussions which took place at the 91st Session of the Conference (2003), the Committee refers to the resolution concerning tripartism and social dialogue (adopted by the Conference at its 90th Session (2002)), in which it stressed that social dialogue and tripartism, among others, had proved to be valuable and democratic means to address social concerns, build consensus, helping to formulate international labour standards and examine a wide scope of labour issues in which social partners play a direct, legitimate and irreplaceable role. In this respect, the Committee trusts that the Government will also include in its next report information on the measures taken to ensure that the consultations required under Convention No. 144 are carried out with "representative organizations" which enjoy the right of freedom of association (Article 1 of the Convention).

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes a report from the Government, received in September 2001, in which it is merely indicated that copies are attached of the communications sent to the representative organizations of employers and workers. The Committee refers to its direct request of 1999 and would be grateful if the Government would provide detailed information on the manner in which effect is given to Article 5 of the Convention, not only with regard to questions arising out of reports to be made on the application of ratified Conventions (5(1)(d)), but also in relation to the other matters enumerated in paragraph 1. The Committee once again requests the Government to provide copies of written communications between the Ministry of Labour and the representative organizations in order to enable it to assess the manner in which the Convention is applied in practice. In this respect, the Committee recalls that the obligation to consult the representative organizations on questions arising out of reports to be made on the application of ratified Conventions, under Article 5, paragraph 1(d), of the Convention, has to be distinguished from the obligation to provide reports under article 23, paragraph 2, of the Constitution, since the consultations required by the Convention must be held during the process of preparing the reports. Where consultations are held in written form, the Government should transmit a draft of the report to the representative organizations in order to obtain their opinions before finalizing the report. Please indicate the progress achieved in this respect.

[The Government is asked to report in detail in 2002.]

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

The Committee notes the Government's report and the information which it contains in reply to its previous direct request. It requests the Government to provide detailed information in future reports on the manner in which effect is given to Article 5 of the Convention, not only with regard to questions arising out of reports to be made on the application of ratified Conventions (5(1)(d)), but also in relation to the other matters enumerated in paragraph 1. The Committee requests the Government to continue providing, as in its two last reports, copies of written communications between the Ministry of Labour and the representative organizations in order to enable it to assess the manner in which the Convention is applied in practice. In this respect, the Committee notes that the Government refers in its correspondence to its obligations under articles 22 and 23 of the Constitution of the ILO, as well as those deriving from the ratification of the Convention. The Committee wishes to draw its attention to the fact that a distinction has to be made between the obligation to consult the representative organizations on the reports to be provided on the application of ratified Conventions, under Article 5, paragraph 1(d), of the Convention, and the obligation to communicate reports under article 23, paragraph 2, of the Constitution, since the above consultations must be held during the process of the preparation of the reports. Where the consultations are held in written form, the Government should transmit a draft of the report to the representative organizations in order to obtain their opinions before finalizing the report.

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

1. The Committee notes the information provided by the Government in response to its previous direct request.

2. It notes that consultations between the Government and representative organizations have given rise to the signing of a Tripartite Agreement on Social Security and Income Policy (ATSSI). In this regard, it observes with interest that the part concerning relations with the International Labour Organization provides that the technical assistance of the ILO may be requested in the preparation of relevant new legislation. The Government indicates that the tripartite consultations already undertaken on this matter took into account the provisions of the relevant ILO Conventions, in accordance with Paragraph 5(c) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152).

3. Further to its previous comments, the Committee notes the information relating to the consultations undertaken on the matters provided for in Article 5, paragraph 1(a) and (b) of the Convention. It also notes that, in accordance with paragraph 1(d), the Government is sending draft reports to the representative organizations inviting them to make observations if any. It observes, however, that the representative organizations are not contacted within time-limits guaranteeing that their observations will be taken into consideration in the reports or final responses sent to the ILO. The Committee wishes once again to draw the Government's attention to the provisions of Article 2 of the Convention requiring effective consultation procedures which enable the representative organizations to make useful comments on each of the matters provided for in Article 5, paragraph 1. The Government is requested to bring national practice into line with the requirements of the Convention as soon as possible.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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. The Committee notes the Government's report for the period ending 30 June 1994 and the additional information contained in a report received in August 1995. It also notes the communication sent by the International Organization of Employers (IOE) in September 1995.

2. In its previous comment, the Committee referred to the recommendations contained in the report of the Committee set up by the Governing Body to examine the representation made under article 24 of the ILO Constitution by the International Organization of Employers (IOE) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS), which referred to matters related to compliance with Convention No. 144. In this connection, the Committee notes that the Government has transmitted draft reports to representative organizations so that they can make any comments they may have, as the FEDECAMARAS did with regard to the reports relating to Conventions Nos. 87, 102, 155 and 156. The Committee refers to the comments that it has made on the application of these Conventions.

3. The Committee requests the Government to ensure that in future reports it continues to inform it of the manner in which the consultations required by Convention No. 144 have been held on questions arising out of reports to be made to the ILO under article 22 of the Constitution (Article 5, paragraph 1(d), of the Convention). It trusts that in its next report the Government will provide detailed information on the measures adopted to ensure that reports and questionnaires are forwarded to the representative organizations sufficiently in advance so that they can formulate their comments and ensure that such comments can be taken into account before the reports and final replies are transmitted to the Office (Article 2).

4. The Committee also drew the Government's attention to the importance of Paragraph 5(c) of the Tripartite Consultation (Activities of the International Labour Organization) Recommendation, 1976 (No. 152) (paragraph 79 of document GB.256/15/16). The Committee would be grateful if the Government would provide information in its next report to enable it to assess the manner in which consultations have been held, taking into account national practice, on the preparation and implementation of legislative or other measures to give effect to international labour standards, and particularly ratified Conventions.

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

1. The Committee notes the Government's report for the period ending 30 June 1994 and the additional information contained in a report received in August 1995. It also notes the communication sent by the International Organization of Employers (IOE) in September 1995.

2. In its previous comment, the Committee referred to the recommendations contained in the report of the Committee set up by the Governing Body to examine the representation made under article 24 of the ILO Constitution by the International Organization of Employers (IOE) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS), which referred to matters related to compliance with Convention No. 144. In this connection, the Committee notes that the Government has transmitted draft reports to representative organizations so that they can make any comments they may have, as the FEDECAMARAS did with regard to the reports relating to Conventions Nos. 87, 102, 155 and 156. The Committee refers to the comments that it has made on the application of these Conventions.

3. The Committee requests the Government to ensure that in future reports it continues to inform it of the manner in which the consultations required by Convention No. 144 have been held on questions arising out of reports to be made to the ILO under article 22 of the Constitution (Article 5, paragraph 1(d), of the Convention). It trusts that in its next report the Government will provide detailed information on the measures adopted to ensure that reports and questionnaires are forwarded to the representative organizations sufficiently in advance so that they can formulate their comments and ensure that such comments can be taken into account before the reports and final replies are transmitted to the Office (Article 2).

4. The Committee also drew the Government's attention to the importance of Paragraph 5(c) of the Tripartite Consultation (Activities of the International Labour Organization) Recommendation, 1976 (No. 152) (paragraph 79 of document GB.256/15/16). The Committee would be grateful if the Government would provide information in its next report to enable it to assess the manner in which consultations have been held, taking into account national practice, on the preparation and implementation of legislative or other measures to give effect to international labour standards, and particularly ratified Conventions.

[The Government is asked to report in detail in 1996.]

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

1. The Committee notes the conclusions and recommendations in the report of the Committee set up by the Governing Body to examine the representation made, under article 24 of the ILO Constitution, by the International Organization of Employers (IOE) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS) alleging, amongst other things, that the Convention is not applied. It recalls that the above Committee's recommendations read:

(i) The Government should communicate regularly in its reports on the application of the Convention information on the consultations held on the questions set forth in Article 5(1)(d) of the Convention, i.e. "questions arising out of reports" to be made to the ILO under article 22 of the Constitution. In particular, the Government should be asked to indicate whether the report requested this year by the Committee of Experts on the application of Convention No. 155 was prepared on the basis of the consultations prescribed by Convention No. 144;

(ii) More generally, the Government should be asked to furnish, in the report to be presented on 15 October 1993 under article 22 of the Constitution, complete information on the manner in which the procedures provide for "effective consultations" between the representatives of the Government, employers and workers, in reply to the questions contained in the report form for the Convention and the observations on the application of the Convention made previously by FEDECAMARAS;

(iii) Finally, the Committee would like to draw attention to the provisions of Recommendation No. 152 (paragraph 5(c)) whereby the purpose of the procedures in question should, inter alia, be consultations, "subject to national practice, on the preparation and implementation of legislative or other measures to give effect to international labour conventions and recommendations, in particular to ratified conventions (including measures for the implementation of provisions concerning the consultation or collaboration of employers' and workers' representatives)".

2. The Committee also notes the Government's report for the period ending 1991, received by the Office in April 1993, containing the observations on the above report made by the General Confederation of Workers (CGT) and by the Confederation of Autonomous Trade Unions (CODESA), as well as the Government's reply to them.

3. The Committee notes that the report requested by the Committee of the Governing Body has not been received, nor has the report due on the application of Convention No. 155. In this connection, and with particular regard to point 1(i) above, the Committee would like to remind the Government that the provisions of Article 5, paragraph 1(d), of the Convention go beyond the obligation to provide reports under article 23, paragraph 2, of the Constitution (see the Committee's General Survey of 1982, paras. 123 to 127). The Committee asks the Government to provide in its next report detailed information in answer to the requests of the Committee of the Governing Body and, more generally, to the questions in the report form.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the Government's report and the information that it supplied on the application of Articles 5 and 6 of the Convention. It also notes the comments made by the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS), which were transmitted with the report and received on 5 February 1991.

The Committee would be grateful if the Government would provide further information in response to the above Federation's comments. The Federation alleges that "effective" consultations, in the sense of the Convention, are not held in a satisfactory manner with the representatives of employers on the questions set out in Article 5, paragraph 1, and considers that it would be desirable to issue the annual report laid down in Article 6.

[The Government is asked to report in detail for the period ending 30 June 1991.]

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

The Committee takes note of the information provided by the Government, concerning Article 2, paragraph 2, and Article 4, paragraph 2, of the Convention.

The Government is requested to provide detailed information in its next report concerning any consultations held on each of the matters listed under Article 5, paragraph 1, and to specify the nature of any reports or recommendations resulting from such consultations.

The Committee also requests the Government to provide information on consultations held with the representative organisations on the appropriateness of producing an annual report on the working of the procedures (Article 6).