Texts of pending comments

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on seafarers’ rights and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.

Articles 3–14 of the Convention. Articles of agreement. In its previous comments, the Committee requested the Government to adopt the necessary measures as soon as possible to give full effect to the provisions of the Convention. In this regard, the Committee notes that, in its report, the Government refers once again to the Basic Act on labour and men and women workers (LOTTT) of 30 April 2012, of which Title IV relating to special conditions of employment includes a special section on work in maritime, river and lake navigation. The Committee also notes the Government’s reference to section 205 of the LOTTT, in accordance with which the matters not covered by Title IV shall be governed by the other provisions of the Act. In this regard, the Government states that section 59 of the LOTTT, which specifies the content of written employment contracts, demonstrates compliance with Article 6 of the Convention. The Committee observes, however, that neither Title IV nor the other provisions of the LOTTT (including section 59 of the LOTTT) require that the articles of agreement clearly state the rights and obligations of both parties and contain essential particulars such as: the name of the vessel on board which the seafarer undertakes to serve; the voyage to be undertaken, if this can be determined at the time of making the agreement; the scale of provisions to be supplied to the seafarer; the termination of the agreement (including, if the agreement has been made for a voyage, the port of destination and the time which has to expire after arrival before the seafarer shall be discharged); and the annual leave with pay. The Committee also notes the Government’s indication that the fact that, where there is no written employment contract, the inclusion of the worker on the crew list of the vessel or the mere provision of services shall suffice (section 246 of the LOTTT), implies protection and recognition of the employment relationships of seafarers. However, the Committee recalls once again that Article 3(1) of the Convention provides that the articles of agreement shall be drawn up in writing and signed both by the shipowner and by the seafarer.

In its previous comment, the Committee, observing that section 267 of the LOTTT provides that the regulations that govern the employment relationships of workers in maritime, river or lake transport shall be established in a special law, requested the Government to provide information on the adoption of this law. In this regard, the Committee observes that, while the Government indicates that the aim of moving forward with the adoption of the special law was reiterated during round tables held throughout 2021, the law has still not been adopted. In light of the above considerations, the Committee notes with regret that the national legislation still does not give full effect to the provisions of the Convention, and once again urges the Government to adopt without delay the necessary measures in this regard.

The Committee recalls that, within the framework of the Standards Review Mechanism, the ILO Governing Body, upon the recommendation of the Special Tripartite Committee of the Maritime Labour Convention, 2006, as amended (MLC, 2006), classified Convention No. 22 as “outdated”. At its 343rd Session (November 2021), the Governing Body placed on the agenda of the 118th Session (2030) of the International Labour Conference an item for the abrogation of Convention No. 22, and requested the Office to launch an initiative to promote ratification on a priority basis of the MLC, 2006, by States still bound by Convention No. 22. The Committees therefore encourages the Government to consider the possibility of ratifying the MLC, 2006, and reminds it of the possibility of having recourse to ILO technical assistance.

In order to provide a comprehensive view of the issues related to the application of ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos. 26 (minimum wage) and 95 (protection of wages) together.

The Committee takes note of the observations of the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) on the application of the Convention No. 26, received on 1 September 2021. The Committee also takes note of the joint observations regarding Convention No. 26 of the Federation of University Teachers’ Associations of Venezuela (FAPUV), the Federation of Higher Education Workers in Venezuela (FETRAESUV), the National Federation of Administrative Professionals and Technicians of the Universities of Venezuela (FENASIPRUV), the National Federation of Labour Unions of Higher Education Workers in Venezuela (FENASOESV) and the Unfederated Unions of University Workers, received on 7 and 19 July 2021. The Committee also notes the joint observations of the Confederation of Workers of Venezuela (CTV), the Independent Trade Union Alliance Confederation of Workers (CTASI), the Federation of University Teachers’ Associations of Venezuela (FAPUV) regarding Conventions Nos 26 and 95, received on 30 August 2021. The Committee further notes the observations of the following workers’ organizations regarding the application of Conventions Nos 26 and/or 95: MOV7 The Voice of Alcasa, received on 5 April 2021, the Independent Trade Union Alliance Confederation of Workers (CTASI), received on 1 September 2021 and the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP), received on 8 September 2021.

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

Article 3 of Convention No. 26. Participation of the social partners in minimum wage fixing. In its previous comment the Committee took note of the conclusions contained in the report of the Commission of Inquiry regarding the allegations of approval without tripartite consultation of increases to the minimum wage, as well as the recommendations of that Commission.

The Committee notes the discussion held at the 343rd Session (November 2021) of the Governing Body on the consideration of all possible measures, including those foreseen in the ILO Constitution, required to ensure the Bolivarian Republic of Venezuela’s compliance with the recommendations of the Commission of Inquiry, as well as the decision adopted in this regard. The Committee observes that the Governing Body will return to the assessment of progress made by the Government in ensuring compliance with the recommendations of the Commission of Inquiry at its 344th Session (March 2022) and will continue its consideration of all possible measures for this purpose.

With regard to its previous comments on this matter, the Committee also notes the Government’s indication in its report that: (i) despite regularly addressing, two or more times a year, written communications to the various employers’ and workers’ organizations regarding consultations on the minimum wage, certain organizations refrain from participating in the process, while others seek to turn the discussion towards changing the economic model rather than the minimum wage; (ii) in April and July 2021 consultations were held on fixing the minimum wage with the various employers’ and workers’ organizations: the July consultations were held sufficiently in advance, and pertinent information was brought to the table to allow the organizations consulted to carry out an analysis and formulate proposals; and (iii) following the holding, from 21 May to 23 June, of the large-scale meeting for national dialogue on the world of work (Gran encuentro de diálogo nacional del mundo del trabajo), technical round table meetings were organized, one of which concerned the methods and procedures set out in the Convention, and explored issues related to the economic and social indicators which must be part of the analysis when considering increasing wages. In this connection, the Committee again notes with concern that FEDECAMARAS and FETRAESUV, FENASIPRUV, FENASOESV, FAPUV, the CTV and the CTASI alike are in agreement that: (i) wage increases for 2021 were decided by the Government unilaterally; and (ii) the bipartite and tripartite technical round tables on methods of application of the Convention were not standing bodies providing for structured dialogue and did not operate according to the conditions recommended by the Commission of Inquiry for the holding of effective consultations (no minutes were taken of the different meetings; an agenda and work-programme were not adopted; an independent chair and secretariat were not appointed; recourse to ILO technical assistance was not taken). FEDECAMARAS adds that, following the unilaterally imposed wage increase of 1 May, although consultations were held in two meetings (July and August) between that organization and government representatives, the conditions required for effective consultations mentioned above were not respected on either occasion. The Committee again deplores the failure of the Government to fulfil its obligation to consult in respect of fixing the national minimum wage. The Committee urges the Government to take the necessary measures without delay, including by taking into account the recommendations of the Commission of Inquiry, to ensure full compliance with the Convention. The Committee requests the Government to provide information in that regard.

Article 4 of Convention No. 95. Payment in kind. “Socialist cestaticket” (food voucher). In its previous comments, the Committee requested the Government to engage in dialogue without delay at the national level, involving all the employers’ and workers’ organizations concerned, so as to examine possible solutions that are sustainable over time, including any necessary adjustment to the “socialist cestaticket” system, to ensure full conformity with this Article of the Convention. The Committee notes that the Government restricts itself to indicating that broad dialogue is being held with the various employers’ and workers’ organizations, without giving details of the solutions found to resolve this issue. The Committee also notes that the FAPUV, the CTV and the CTASI have provided figures showing that the “socialist cestaticket” continues to represent a high percentage of workers’ remuneration and add that, in addition to that voucher, workers receive other vouchers which, taken together, exceed the amount of the minimum wage. The Committee regrets to note that no progress has been made in seeking sustainable solutions to this matter. The Committee once again requests the Government to take the necessary measures without delay to engage in dialogue with the employers’ and workers’ organizations concerned to examine solutions that will allow full application of Article 4 of the Convention. The Committee requests the Government to provide information in this regard.

Article 5. Electronic payment of wages. In its previous comment, the Committee noted the observations of the workers’ organizations regarding the difficulties that generalized electronic payment of wages imposed on workers in certain areas of the country when seeking to obtain the amount corresponding to their wages in cash. The Committee notes the Government’s indication that this situation has been resolved, however the FAPUV, the CTV and the CTASI reiterate that electronic payment of wages prevents workers, especially those in areas where there are no banking services or no electricity, from withdrawing cash from the banks or institutions to obtain the full amount of their wages. The Committee requests the Government to take effective measures in consultation with the social partners to address this issue and to provide information in that regard.

Article 12. Delayed payment of wages. The Committee notes the Government’s indication, in reply to its request for information regarding several cases of delayed payment of wages, particularly in respect of National Assembly workers, that the wages of those workers have been paid. The Committee notes that the FAPUV, the CTV and the CTASI indicate that the Government, through the official electronic platform known as “sistema patria”, delays greatly and/or only effects partial payment of the wages of university staff. Recalling once again the importance of the payment of wages at regular intervals, the Committee requests the Government to provide its comments in that regard.

[The Government is asked to reply in full to the present comments in 2022.]

The Committee notes the observations, relating to the application of the Convention in law and practice, made by the following organizations: the Federation of University Teachers’ Associations of Venezuela (FAPUV), dated 12 March and 3 June 2021; MOV7 The Voice of Alcasa, dated 6 April 2021; the Confederation of Workers of Venezuela (CTV), the Independent Trade Union Alliance Confederation of Workers (ASI) and FAPUV, dated 22 July and 30 August 2021; ASI, dated 31 August 2021; and the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), supported by the International Organisation of Employers (IOE), dated 1 September 2021; and also the Bolivarian Socialist Confederation of Urban, Rural and Fishery Workers of Venezuela (CBST-CCP), dated 8 September 2021. The Committee requests the Government to send its comments in this regard.

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 regarding the application of the Convention. The Committee notes the discussion which took place during the 343rd Session (November 2021) of the Governing Body on the consideration of all possible measures, including those provided in the ILO Constitution, required to ensure the Bolivarian Republic of Venezuela’s compliance with the recommendations of the Commission of Inquiry, and also the decision adopted in this respect. The Committee observes that the Governing Body, at its 344th Session (March 2022), will once again assess progress made by the Government to ensure compliance with the recommendations of the Commission of Inquiry and will pursue its consideration of possible measures to achieve this objective.

Civil liberties and trade union rights. Climate free from violence, threats, persecution, stigmatization, intimidation or any other form of aggression, in which the social partners are able to exercise their legitimate activities, including participation in social dialogue with full guarantees. The Committee recalls that the Commission of Inquiry recommended: (i) the immediate cessation of all acts of violence, threats, persecution, stigmatization, intimidation or other forms of aggression against persons or organizations in relation to the exercise of legitimate employers’ or trade union activities, and the adoption of measures to ensure that such acts do not recur in future; (ii) cessation of the use of judicial proceedings and preventive and non-custodial measures, including the subjection of civilians to military jurisdiction, for the purpose of undermining freedom of association; (iii) the immediate release of any employer or trade unionist who is imprisoned in relation to the exercise of the legitimate activities of their organizations, as is the case for Rodney Álvarez; (iv) the independent investigation without delay of all allegations of violence, threats, persecution, stigmatization, intimidation and any other forms of aggression that have not been duly elucidated, with a view to clarifying responsibilities and identifying the perpetrators and instigators, while ensuring the adoption of appropriate protection, penalization and compensation measures; (v) the adoption of the necessary measures to ensure the rule of law, and particularly the independence from the executive authorities of the other branches of State authority; and (vi) the organization of training programmes with the ILO to promote freedom of association, tripartite consultation and social dialogue in general, including on full respect for its essential conditions and basic rules, in accordance with international labour standards. In light of the information provided by the Government and the social partners in the Committee’s previous observation, and expressing deep concern at the almost total absence of progress, the Committee firmly urged the Government to take the necessary measures to investigate and take action promptly with regard to all the pending allegations of violation of the Convention relating to civil liberties and trade union rights.

With regard to the situation of the trade unionist Rodney Álvarez, the Committee notes the Government’s indication that on 11 June 2011 he was sentenced to 15 years’ imprisonment for the common crime of homicide and not for the exercise of trade union activities. The Government explains that the convicted person enjoys guarantees to submit the corresponding appeals to the higher courts and that once the sentence is executed the guarantee applies whereby the time spent by the person in custody during the trial will be deducted from the sentence to be served. The Government also once again denies in general terms the alleged use of judicial proceedings as an anti-union practice. The Committee also notes the observations of various social partners (the CTV, ASI and FAPUV) condemning the fact, as was ascertained by the Commission of Inquiry, that the proceedings brought against Mr Álvarez reflect the lack of separation of powers in the country and implied a clear denial of justice, with eight interruptions and up to 25 preliminary hearings, and with Mr Álvarez having been the victim of three serious knife and gun attacks perpetrated with total impunity during the more than ten years in which he was held in pretrial custody. As regards the trial, these organizations condemn the fact that nothing in the judicial file confirms that Mr Álvarez was armed, let alone that he fired the shots; that the judge dismissed all the defence witnesses who were present at the scene and who saw that another person perpetrated the killing; and that the statement by the National Guard officer on security duty at the enterprise at the time, who declared that he had detained that other person for firing shots, was disregarded. Noting with deep concern the serious additional allegations of violation of due process in this case, the Committee urges the Government to implement immediately the recommendations of the Commission of Inquiry in this regard.

With regard to the other pending issues, the Committee notes that the Government denies the suggestion of alleged deficiencies in the rule of law or the separation of powers in the country and asserts that the allegations and observations made by the social partners have been addressed, evaluated and referred to the corresponding public authorities. The Government also asserts that it has made progress in improving observance of the Convention, as shown by the broad and inclusive social dialogue, with full guarantees and without exclusion, maintained with the workers’ and employers’ organizations who voluntarily requested it. In this regard, the Government reiterates the information given to the Governing Body, indicating that: (i) since February 2020, bipartite dialogue round tables have been set up to discuss matters related to the Convention and other subjects of national interest raised by the social partners. The invitation to participate was accepted by FEDECAMARAS, the Federation of Craft, Micro, Small and Medium-Sized Industries and Enterprises of Venezuela (FEDEINDUSTRIA), the CBST-CCP, ASI, the General Confederation of Labour (CGT), the National Union of Workers of Venezuela (UNETE), the Confederation of Autonomous Trade Unions (CODESA), (which deposited a document and then withdrew), as well as the CTV (which sent a communication indicating that it would not attend the dialogue proposed as a dispute settlement mechanism); (ii) meetings continued to be held subsequently according to the requests made by the social partners, with progress made on some matters referred to in this Committee’s observations; (iii) from 21 May to 23 June 2021, the “Great National Dialogue on the world of work” (Gran encuentro de diálogo nacional del mundo del trabajo) was held as a virtual forum, with six work sessions, one of which with part of another were devoted to the review of legislative and practical matters related to observance of the Convention; (iv) at these sessions the participants were able to express their views and make lengthy presentations on subjects related to the application of the Convention, in an atmosphere of respect and good will, with extensive participation from the social partners – FEDECAMARAS, FEDEINDUSTRIA, the CBST-CCP, ASI, UNETE, the CTV (all of which participated in the first two sessions), CODESA (which only attended the first session), and the CGT (which expressed interest but had connection problems); (v) with regard to the employers’ sector, a public statement was forwarded, issued by the National Authority for the Defence of Socio-Economic Rights (SUNDDE), making a general appeal to any parties who had a pending measure of temporary control imposed under the Act on fair prices to reach out to the SUNDDE ; (vi) at this dialogue meeting, the Government gave an undertaking to set up a face-to-face technical working group on the Convention, including with regard to particular cases on the subject of land. This working group started its work on 30 July 2021, which was continued on 17 August 2021 with the drawing up of its agenda; and (vii) other dialogue forums have been opened at the highest level between the executive authorities and the social partners, for example the appeal to FEDECAMARAS by the Executive Vice-President of the Republic to attend the Higher Council on the Productive Economy. The Government concludes by stating that, contrary to the alleged policy of violence, threats, persecution or other forms of aggression directed at the social partners, efforts have been made to continue reinforcing dialogue forums. As regards the allegations concerning land, the Committee duly notes the information forwarded by the Government to the Governing Body on measures to address the requests made by FEDECAMARAS, in particular: the establishment of round tables for meetings at the National Land Institute (INTI) to seek solutions to the cases raised by the National Federation of Stockbreeders of Venezuela (FEDENAGA), with the list presented by FEDECAMARAS being included on the agenda; and the setting up of a technical committee to discuss matters of interest to FEDENAGA and INTI, including the list of cases of estates involved in disputes (the Government stated that so far FEDENAGA had prioritized 12 cases, and the administrative procedures implemented were being reviewed to determine possible solutions to the cases raised, as well as stating that progress had been made in the certification of estates that could be improved or are productive).

The Committee also notes the CBST-CCP’s assertion that the State has been promoting correct observance of the Convention and emphasizes that this year invitations were issued to take part in a social dialogue which was guaranteed to be wide-ranging and to include the workers’ and employers’ organizations, with the voluntary presence of the latter. The CBST-CCP categorically rejects the observations of the social partners who allege that the State is fomenting a policy of violence, persecution and aggression, and asserts that in reality it has been the guarantor of free trade union activity for all organizations without distinction.

The Committee also notes that the observations received from the other social partners allege a lack of progress in implementing this group of recommendations, as well as further violations of the Convention, which are listed below.

FEDECAMARAS: (a) refers to hostile or intimidatory messages against the organization and its president – in particular, derogatory statements against the latter by the President of the Republic in a broadcast by the state television channel, as well as disparaging messages in a programme directed by a member of parliament on the same TV channel; (b) denounces the fact that measures restricting freedom of association for leaders of FEDECAMARAS remain in place, consisting of a court summons and a ban on disposing of or levying charges on its property (the Government was consequently presented with a list of cases evaluated by the Commission of Inquiry and a list of illegally invaded or seized land); (c) indicates that the recommendation to organize training programmes to promote freedom of association has not been implemented; and (d) while FEDECAMARAS recognizes the initiative launched by the Government to hold several cycles of meetings with it and with other employers’ and workers’ organizations, and the fact that government representatives have undertaken some bridge-building with FEDECAMARAS, the federation points out that to date the recommendations of the Commission of Inquiry have not been accepted by the Government and the meetings have been held without the conditions recommended by the Commission being met (despite multiple requests being made by FEDECAMARAS to implement them with the necessary guarantees so that the talks can have a real impact) and without any concrete solutions being reached; for this reason, FEDECAMARAS considers that these are exploratory, bridge-building meetings but they do not constitute the structured dialogue round tables recommended by the Commission of Inquiry, and it asks that the ILO establish the mechanisms that it considers the most appropriate for formalizing the Office’s participation or presence in the dialogue process.

The CTV, ASI and FAPUV: (a) report numerous cases of arbitrary detention of trade unionists and trade union leaders, as well as members of non-governmental organizations which defend human rights, in connection with the exercise of the right to peaceful protest and freedom of expression. In this regard, they denounce the fact that action in defence of labour rights, and of human rights, is being criminalized and liable to prosecution. These organizations claim that prosecution charges are accepted almost automatically by the courts – with the detained person being deprived of freedom and subjected to preventive measures that carry restrictions, some of them verbal so as not to leave any trace – with the detainees often being obliged to accept a public defender who assists the Public Prosecutor’s Office with the prosecution, with evident bias on the part of judges operating on behalf of the executive authorities, as a result of which the trade union movement is left completely defenceless; and (b) in particular they condemn the detention and imprisonment of the following trade union leaders: (i) Mr Guillermo Zárraga, secretary of the Union of Petroleum, Gas and Energy Workers of the State of Falcón (SUTPGEF), arrested on 11 November 2020 by the Bolivarian National Intelligence Service (SEBIN), remaining in detention at the headquarters of the Directorate-General for Military Counterintelligence (DGCIM), and subjected to criminal proceedings tainted with irregularities, on charges of terrorism, criminal conspiracy and treason; (ii) Mr Eudis Girot, a trade union leader in the petroleum industry, arrested by the DGCIM on 18 November 2020 in Puerto La Cruz, also accused of terrorism, among other charges, and remaining in custody in Rodeo III prison; (iii) and Mr Mario Bellorín and Mr Robert Franco, president and general secretary, respectively, of the Union of Education Professionals–Association of Teachers of Venezuela (SINPRODO–CPV), Carúpano, State of Sucre, arrested on 26 December 2020 while on a visit to a private residence there which was raided. Mr Bellorín was released a few hours after his arrest, but this was not the case for Mr Franco, who was transferred to SEBIN headquarters in Caracas (Helicoide), where he remains in custody. In addition, MOV7 The Voice of Alcasa denounces harassment and assaults of workers who participated in trade union activities or protests.

While welcoming the efforts at bridge-building and the meetings held, open to all social partners, and the commitments made by the Government to continue the dialogue on observance of the Convention through technical round tables, the Committee notes with regret the lack of specific results highlighted by most of the social partners, and also the absence of concrete replies and information on the occurrences reported by the social partners in previous observations (even though the Government asserts that the allegations and observations made by the social partners have been addressed, evaluated and referred to the relevant authorities, it does not provide any specific information in this regard). The Committee also notes with deep concern that various employers’ and workers’ organizations make new, serious additional allegations of violations of civil liberties and trade union rights. These organizations claim that at the dialogue round tables – at which the Government indicates that the pending issues are being addressed – general statements have been made but concrete solutions have still not been reached, and the procedures for dialogue recommended by the Commission of Inquiry have not been respected (no minutes were produced, no consensus was reached regarding agendas and timelines, no independent chairperson or secretariat were appointed, nor were the meetings held with the presence of the ILO despite requests to this effect).

In light of the above, the Committee reiterates the recommendations of the Commission of Inquiry and firmly urges the Government, in dialogue with the organizations concerned through the relevant bipartite or tripartite round tables, to take the necessary measures quickly to ensure implementation of the above-mentioned recommendations. In this regard, the Committee firmly urges the Government to investigate and take appropriate action with respect to the pending allegations of violations of the Convention regarding civil liberties and trade union rights – contained in the Commission of Inquiry’s report or subsequently brought before this Committee – in order to ensure a climate free of violence, threats, persecution, stigmatization, intimidation or any other form of aggression in which the social partners can exercise their legitimate activities, including participation in social dialogue with full guarantees. The Committee requests the Government to provide detailed information on the follow-up action taken.

Articles 2 and 3 of the Convention. Respect for the autonomy of employers’ and workers’ organizations, particularly in relation to the Government or political parties, and suppression of all interference and favouritism by the state authorities. The Committee recalls that the Commission of Inquiry recommended: (1) the adoption of the necessary measures to ensure in law and practice that registration is a mere administrative formality and that in no event can it imply previous authorization; (2) the elimination of “electoral abeyance” and the reform of the rules and procedures governing trade union elections, so that the intervention of the National Electoral Council (CNE) is really optional and does not constitute a mechanism for interference in the life of organizations, and that the pre-eminence of trade union independence is guaranteed in election processes and delays are avoided in the exercise of the rights and activities of employers’ and workers’ organizations; (3) the elimination of any other use of institutional machinery or types of action that interferes in the independence of employers’ and workers’ organizations and their mutual relations. In particular, the Commission recommended the adoption of any necessary measures to eliminate the imposition of control institutions or mechanisms, such as Workers’ Production Boards (WPBs), which may in law or in practice restrict the exercise of freedom of association; (4) the establishment, with ILO assistance, of criteria that are objective, verifiable and fully in accordance with freedom of association to determine the representativeness of both employers’ and workers’ organizations; and (5) in general, the elimination in law and practice of any provisions or institutions that are incompatible with freedom of association, including the requirement to provide detailed information on members, taking into account the conclusions of the Commission and the comments of the ILO supervisory bodies.

The Committee notes that the Government denies the allegations of interference and failure to respect the independence of employers’ and workers’ organizations, as well as favouritism on the part of the authorities towards organizations supposedly linked to them, indicating that it has demonstrated its strict observance of freedom of association and its policy to take account of all representative organizations.

With regard to the issues concerning trade union registration, the Committee notes that, in the information provided to the Governing Body, the Government indicates that the technical working group on the Convention discussed whether to establish an agenda item dealing with the National Trade Union Registry (RNOS). The Committee requests the Government to keep it informed of any developments in this respect.

With regard to the creation of the WPBs, the Committee notes that the Government reiterates what it indicated previously to the supervisory bodies, including the Commission of Inquiry, emphasizing that far from excluding or affecting freedom of association, the WPBs promote the organization of the working class and foster its participation in the management of productive activity, and in no case do they replace the trade unions or are contrary to them, as established by section 17 of the WPB Constitutional Act. The Government adds that the Ministry of People’s Power for the Social Process of Labour has not received any formal complaints of specific cases in which the organization of WPBs in workplaces had interfered with the smooth functioning of the latter. The Committee notes the observations of the CBST-CCP, reiterating that WPBs are not trade unions by nature and do not have competencies that prevent the exercise of freedom of association, and emphasizing that work is being done within the CBST-CCP on activating the organization of the working class as a source of leadership and change through the WPBs, aimed at efficient production. The Committee also notes, however, the observations of the other social partners (FEDECAMARAS, ASI, CTV and FAPUV) warning that instead of implementing the recommendations of the Commission of Inquiry – such as that of subjecting the WPB Act to tripartite consultation – the Government continues to promote the formation and action of the WPBs. The social partners denounce the fact that, in practice and together with the workers’ militias, the WPBs are being used to attack or replace the independent trade union movement.

With regard to trade union elections, the Government indicates that, in the context of the “Great National Dialogue on the World of Work”, the subject of the election of trade union committees was discussed and explanations were provided on this matter. The Government reiterated what it had indicated previously: that the National Electoral Council (CNE) carries out support activities only where requested by the trade union organizations and that organizations can conduct their elections with or without CNE assistance, according to the terms of the union constitutions and any future amendments, and in line with the free wishes of each organization. In this regard, the Committee notes that although the Government reiterates that intervention by the CNE is optional, the Commission of Inquiry had already established that this affirmation or clarification had not been sufficient to resolve the problems identified and to address the numerous allegations of interference in electoral procedures. In this regard, the Committee notes that: although, on the one hand, the observations of the CBST-CCP indicate that various organizations affiliated to the confederation reportedly started or completed processes of reform to their constitutions to permit the holding of fully independent elections and affirm that the organizations affiliated to the Bolivarian confederation have made free use of the right to hold trade union elections without any kind of interference from the electoral authorities; on the other hand, the observations of the other workers’ organizations (in particular ASI, CTV and FAPUV) emphasize that no changes have been made in either law or practice regarding government policy on the registration of trade union organizations and “electoral abeyance”. These organizations assert that the problems identified by the Commission of Inquiry are still restricting the possibility of trade union organizations being authorized by the executive authorities to perform essential functions such as collective bargaining. In this regard, these workers’ organizations emphasize that there is no progress as regards intervention by the CNE in trade union elections, and claim that this will continue to delay the holding of elections and the renewal of their executive committees. For example: (i) they denounce the persistence of interference and obstacles in the electoral process by the CNE in the case of organizations such as the National Union of Men and Women Public Officials in the Legislative Career Stream, and Men and Women Workers at the National Assembly (SINFUCAN) and the Union of Petroleum, Gas and Energy Workers of the State of Falcón (SUTPGEF); (ii) they warn of long delays that can be ascribed to the authorities regarding the approval of reforms to union constitutions (for example, 28 months to approve the reform of the constitution of the National Union of Workers of the National Institute for Socialist Training and Education (SINTRAINCES)); and (iii) they claim that the Ministry for University Education, apart from obstructing the participation of organizations affiliated to FAPUV in collective bargaining (alleging that these organizations are in “electoral abeyance”, which they assert is the result of interference by the CNE), treats the organizations unequally since it is negotiating with a minority organization that has never held elections.

In light of the above, with regard to these two headings of the recommendations relating to the independence of employers’ and workers’ organizations, the Committee deplores the fact that the Government does not provide information on specific progress made with respect to the specific allegations made in the previous observations of multiple social partners and only reiterates statements already made to the Commission of Inquiry. The Committee also notes with concern that the social partners’ denunciations continue in the most recent observations of FEDECAMARAS, ASI, CTV and FAPUV, with regard to the action of the WPBs and interference and obstacles regarding electoral procedures and the registration of trade unions.

In view of these circumstances, the Committee once again refers to the conclusions of the Commission of Inquiry and reiterates the specific recommendations set forth above on the need to ensure respect for the independence of employers’ and workers’ organizations, and also to eliminate all interference and favouritism on the part of the government authorities. Also in this respect, the Committee urges the Government to refer all the pending allegations to the respective dialogue round tables with the organizations concerned – including the allegations of interference and obstacles regarding electoral procedures and also the use of WPBs as mechanisms that restrict the exercise of freedom of association – in order to make tangible progress as quickly as possible.

Articles 2 and 3. Legislative issues. The Committee recalls that it has been asking the Government for several years to take the necessary steps, in consultation with the most representative workers’ and employers’ organizations, to revise various provisions of the Basic Labour Act (LOTTT), in particular sections 367, 368, 387, 388, 395, 402, 403, 410, 484 and 494. The Committee also recalls that the Commission of Inquiry recommended in general the submission to tripartite consultation of the revision of laws and standards, such as the LOTTT, which revisions raise problems of compatibility with the Convention in light of the conclusions of the Commission of Inquiry and the comments of the ILO supervisory bodies.

The Committee notes the Government’s indication that: (i) in the context of the dialogue round tables held in February and March 2021 the Committee’s comments on the revision of laws and standards that give effect to ILO Conventions were referred to the National Assembly; and that (ii) in the context of the “Great National Dialogue on the World of Work”, stakeholders in the world of work were invited to make contributions towards the updating of the LOTTT regulations. Furthermore, the Committee welcomes the undertaking given by the Government to the Governing Body to hold consultations with the social partners on draft laws or their respective amendments, instigated by the National Assembly, which are connected with international labour standards.

However, the Committee notes with concern the observations of the CTV, ASI and FAPUV, warning of the use of the Constitutional Act against hatred and promoting peaceful co-existence and tolerance, and also of accusations of terrorism, as a pretext for criminalizing trade union activity, carrying out arbitrary detentions of trade union leaders and sentencing them to imprisonment for exercising their freedom of expression.

The Committee reiterates the above-mentioned recommendations relating to legislative issues and urges the Government, in the context of the dialogue round tables, to submit to tripartite consultation without further delay the revision of the laws and standards, such as the LOTTT, which raise problems of compatibility with the Convention in light of the conclusions of the Commission of Inquiry (such as those regarding trade union registration, “electoral abeyance” or the WPBs) and the comments of the other ILO supervisory bodies. The Committee also requests the Government, in view of the social partners’ allegations, to include in the above-mentioned tripartite dialogue the discussion of the impact on the exercise of freedom of association of the Constitutional Act against hatred and promoting peaceful co-existence and tolerance, and also of any measures needed to ensure that the application of this Act cannot restrict or suppress the exercise of freedom of association.

The Committee welcomes the gatherings, meetings and dialogue forums, open to all the social partners, which have been held, as well as the setting up of a face-to-face technical round table for addressing issues regarding the application of the Convention, and duly notes that the Government reiterates its willingness to strengthen these dialogue forums to improve the observance of the Convention. However, the Committee notes with deep concern that: (i) the Government does not provide specific replies to the multiple serious allegations made in the Committee’s previous comment; (ii) as highlighted by the observations of a number of social partners, the dialogue held so far still does not meet the necessary conditions to be effective, nor has it yielded concrete solutions to the pending issues, and so, regrettably, no significant further progress can be observed in the application of the recommendations of the Commission of Inquiry; and (iii) allegations of serious violations of the Convention continue to be made, referring to the persistence of systemic patterns or problems to which attention was drawn by the Commission of Inquiry.

The Committee notes that the Government once again refers to its request for ILO assistance in order to determine the representativeness of employers’ and workers’ organizations, considering that this will be fundamental for determining representativeness according to objective verifiable criteria which fully respect freedom of association. The Government points out that pending this important technical assistance it continues to follow the policy of taking account of all representative organizations without giving privileges to one or the other. Moreover, the Committee notes the assertion by FEDECAMARAS that assistance should not be limited to the subject of representativeness, but should also fully encompass the recommendations and the dialogue process in themselves, emphasizing that ILO backing for social dialogue will constitute valuable support. In this regard, the Committee reiterates that, since the recommendations are interrelated and need to be considered together, they should be implemented in a holistic manner and in a climate in which the social partners can exercise their legitimate activities, including participation in social dialogue with full guarantees, and with full respect for the independence of employers’ and workers’ organizations. The Committee once again recommends that technical assistance should be defined on a tripartite basis in the context of dialogue round tables and in light of these considerations.

The Committee firmly urges the Government to, with ILO technical assistance, take the necessary steps, through the above-mentioned dialogue round tables and in the manner indicated in the Commission of Inquiry’s report, to ensure that the recommendations are fully implemented, so that tangible progress can be noted in the near future. The Committee also reiterates that it is vital that the issues raised above receive the full and ongoing attention of the ILO and its supervisory system so that firm and effective measures are adopted to ensure full observance of the Convention in law and practice.

The Committee notes the observations of the Confederation of Workers of Venezuela (CTV), the Independent Trade Union Alliance Confederation of Workers (CTASI) and the Federation of University Teachers' Associations of Venezuela (FAPUV) regarding the application of the Convention, received on 30 August 2021. The Committee also 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) on 8 September 2021. The Committee requests the Government to provide its comments in this respect.

Articles 1(a) and 2 of the Convention. Definition of remuneration. Legislation. In its previous comment, the Committee asked the Government to adopt the necessary measures to ensure that all the additional benefits received by workers and arising out of their employment, such as those set out in section 105 of the Basic Act concerning labour and men and women workers (LOTTT), are considered to be remuneration so that the principle of the Convention is fully implemented. The Committee observes that, in its report, the Government once again refers to section 104 of the LOTTT, which provides a definition of “remuneration” and “normal salary”, and that remuneration is used as the basis to calculate social benefits. The Committee notes, however, that section 105 of the LOTTT continues to enumerate social benefits that are not considered to form part of remuneration. The Committee therefore urges the Government to amend its legislation to ensure that all additional benefits received by workers and arising out of their employment, such as those set out in section 105 of the LOTTT, are considered as remuneration for the purposes of applying the principle of equal remuneration for work of equal value set out in the Convention.

Articles 1(b) and 2. Equal remuneration for men and women work of equal value. Legislation. Since 2003, the Committee has been referring to the need to include in the legislation the principle of equal remuneration for men and women for work of equal value. The Committee notes that the Government reiterates in its report that section 109 of the LOTTT, which provides for the principle of equal salary for equal work, is in line with the principle of the Convention. It also clarifies that distinctions in salary may be made depending on productivity or reasons founded in criteria foreseen by law, such as family responsibilities, seniority, professional training, assiduity, savings in raw materials, union membership and others. The Committee is bound once again to draw the Government’s attention to the fact that provisions that limit equal remuneration to “equal”, “the same”, “similar” or “substantially similar” are narrower than what is required by the Convention (see General Survey of 2012 on the fundamental Conventions, paragraph 677). The Committee once again requests the Government to take the necessary measures without delay to amend section 109 of the LOTTT in order to give full legislative expression to the principle of the Convention. It also asks the Government to provide information on how section 109 of the LOTTT is applied in practice.

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

The Committee notes the observations of the Confederation of Workers of Venezuela (CTV), the Independent Trade Union Alliance Confederation of Workers (CTASI) and the Federation of University Teachers’ Associations of Venezuela (FAPUV), received on 30 August 2021. The Committee also 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 8 September 2021. The Committee requests the Government to provide its comments in this respect.

Articles 1 and 2 of the Convention. Gender wage gap. The Committee notes the indication in the Government’s report that a study on the gender pay gap is being undertaken with all relevant national organisms. The Government also refers to women’s participation in Production Councils of Workers (at a rate of 32.46 per cent in 2020) as well as the rate of women benefiting from monetary long-term benefits (pensions) (59.9 per cent of total recipients) and from the “Gran Misión Hogares de la Patria” (78 per cent of total beneficiaries). The Committee also notes from the Government’s report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Programmatic agenda for women and gender equality 2025, adopted within the framework of the Plan de la Patria 2025, includes among its objectives the emancipation of gender equality seeking the full equity on working conditions and enjoyment of economic rights, and the fight against patriarchal domination in all levels of the educational system and in culture. The Committee takes note of the observations presented by the CTV, the FAPUV and the CTASI, according to which there is no official data on the gender pay gap after 2011 and that, according to a 2020 National Survey on Living Conditions carried out by the Institute for Economic and Social Investigation (IIES), in 2020 there was a wide gender gap in the rate of economic participation, of 71 per cent for men and 43 per cent for women. The same organizations also highlight the lack of collaboration with the Government in the application of the Convention. The Committee wishes to recall that, in order to be able to address discrimination and unequal pay, and to determine whether the measures taken are having a positive impact, data and research on the actual situation, including the underlying causes, are essential and thus that more information is needed on the employment rate, sectors of occupation and remuneration, disaggregated by gender. The Committee requests the Government to: (i) continue providing information on measures taken to address the gender pay gap, including in the framework of the Programmatic agenda for women and gender equality 2025; and (ii) provide further information on the content of the study that is being carried out, and particularly whether it will contain statistics and any other information, disaggregated by sex, which would make it possible to evaluate the gender pay gap by sector, clarify its causes and assess trends.

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

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

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

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

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

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

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

Discrimination on the basis of national extraction. Legislation. With regard to the Committee’s request to the Government, in its previous comments, to take measures to include “national extraction” in the prohibited grounds of discrimination, the Government reiterates in its report the reference to article 21 of the Constitution, section 21 of the Basic Act on labour and men and women workers (LOTTT) of 30 April 2012, and section 37 of the Basic Act to combat racial discrimination of 19 December 2011, the latter referring to discrimination on the basis of “ethnic origin”, “phenotype features” and “national origin”. Taking account of the fact that “national origin” is defined as “nationality of birth or the nationality acquired under specific circumstances”, the Committee once again wishes to emphasize that this formulation does not completely cover the concept of “national extraction” provided for in the Convention, since it would not cover cases of discrimination among persons who, though of the same nationality – and without presenting a specific ethnic origin or phenotype features – are of foreign birth or origin, are descendants of foreign immigrants or belong to groups of different extraction. In this regard, the Committee refers to its general observation of 2018 on discrimination on the basis of race, colour and national extraction. The Committee firmly urges the Government to take the necessary steps to ensure that the legislation explicitly includes national extraction as one of the prohibited grounds of discrimination. The Committee asks the Government to provide information on any measures taken or envisaged in this respect.

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

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.

The Committee notes the observations received from the International Organisation of Employers (IOE) and the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) on 31 August 2017, the Confederation of Workers of Venezuela (CTV) on 11 December 2019; the Federation of University Teachers' Associations of Venezuela (FAPUV) and the Independent Trade Union Alliance Confederation of Workers (CTASI) on 11 September 2020; and the CTASI on 30 September 2020. The Committee requests the Government to provide its reply to these observations.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. Massive migration flows. The Committee notes that, in their observations, the CTV, FAPUV and CTASI highlight that trafficking in persons in the country has increased as a result of the situation of humanitarian emergency faced by the country which resulted in the generalization of poverty for an increasing number of persons, mainly children and young people in situations of economic vulnerability, falling victim to exploitation by criminal groups within the country or forced to migrate. In this regard, the Committee notes that, the number of people who have left the Bolivarian Republic of Venezuela has increased dramatically since 2018 to reach, according to official statistics, more than five million persons to date. The Committee notes that, as recently highlighted by several United Nations bodies: (i) Venezuelan migrants face obstacles in obtaining or legalizing documentation which is a source of challenges in transit and destination countries which makes them particularly vulnerable to trafficking for labour and sexual exploitation purposes; (ii) those who are leaving or re-entering the Bolivarian Republic of Venezuela are often victims of extortion and illegal requisitions especially at the hands of the Bolivarian National Guard; and (iii) border closures and additional requirements to travel to transit and destination countries force migrants to use unofficial crossing points and therefore increase their risk of suffering abuses (A/HRC/41/18, 9 October 2019, paragraphs 69, 72 and 73; A/HRC/RES/42/25, 8 October 2019, preamble and paragraph 18; and webpage of the United Nations Refugee Agency, Venezuela situation, 2020). Taking into consideration the current situation of humanitarian emergency faced by the country and the increased number of persons who may be exposed to trafficking within the country as well as in transit and destination countries, the Committee draws the Government’s attention to the need for specific and appropriate measures to be taken to ensure that the necessary safeguards are in place at national level, so that the current situation and the actions taken as a result by the national authorities do not contribute, directly or indirectly, to a subsequent increase in cases of trafficking in persons within the country or for Venezuelan migrant workers. It requests the Government to provide information on the specific measures developed and implemented in this regard, including within the framework of bilateral agreements with host countries.

Legislative and institutional framework. The Committee previously noted that several legislative texts contain provisions regarding trafficking in persons (section 56 of the Basic Act of 2007 on the right of women to a life free from violence and sections 53, 56 and 57 the Act of 2004 on foreigners and migration) and more particularly the Basic Act of 2012 against organized crime and the funding of terrorism which criminalizes trafficking in persons under its section 41, while limiting the offence of trafficking to perpetrators who are part of an organized criminal organization. It further noted that a Bill against trafficking in persons was under examination and that various discussions were held by the Government with a view to drawing up the strategies to be set out in the National Plan to combat trafficking in persons around three priorities: prevention, investigation and penalties, and the protection of victims. It noted that the establishment of a presidential commission to combat trafficking in persons was also under examination. The Committee requested the Government to provide information on any progress made in that regard, and more particularly on the adoption and implementation of the national plan and the establishment of a coordinating body. The Committee notes the Government’s general indication, in its report, that the National Plan to combat trafficking in persons for 2016–2019 has been updated for the period 2020–2023. It notes that, in its observations, the CTV expresses concern at the lack of information from the Government on the impact of the National Plan for 2016–2019, as well as on any policy or measures implemented to combat trafficking in persons. The CTV further refers to the increasing number of victims of trafficking for sexual exploitation at the border with the Caribbean islands, as well as in the illegal mining sector in the state of Bolívar, in particular in the Arco Minero del Orinoco (AMO) where women and girls from indigenous communities are victims of sexual exploitation and domestic servitude. The Committee notes that, in their joint observations, the FAPUV and CTASI highlight the lack of legislative provisions against trafficking in persons and the insufficient actions implemented by the Government in that area. They also refer to cases of persons exposed to various forms of coercion in illegal mines by armed groups operating with impunity. In this regard, the Committee notes that, in her 2020 report on the independence of the justice system and access to justice in the Bolivarian Republic of Venezuela, including for violations of economic and social rights, and the situation of human rights in the AMO region, the United Nations High Commissioner for Human Rights highlighted a sharp increase since 2016 in sexual exploitation, trafficking and violence in mining areas, due to the existence of a corruption and bribery scheme by organized criminal groups, locally known as sindicatos, controlling the mines whereby they pay off military commanders to maintain their presence and illegal activities. The Committee notes that, in her report, the High Commissioner specifically recommended to take urgent steps to end labour and sexual exploitation, and human trafficking in the AMO region (A/HRC/44/54, 15 July 2020, paragraphs 41 and 71). The Committee notes this information with concern and urges the Government to take the necessary measures to combat trafficking in persons for both labour and sexual exploitation, including in the Arco Minero del Orinoco. The Committee requests the Government to provide information on the adoption and implementation of the National Plan to combat trafficking in persons for 2020 – 2023. It also requests the Government to provide information on any entity established, in particular within the framework of the new National Plan, to specifically coordinate the intervention of the many actors involved in the combat of trafficking in persons; and on any assessment made of the impact of the measures implemented to combat trafficking in persons, and any difficulties encountered and follow-up actions envisaged. Lastly, the Committee requests the Government to indicate whether the adoption of the Bill against trafficking in persons is still on the agenda and, if not, the reasons why it has been dropped.

Prevention and awareness-raising. The Committee previously noted that the National Bureau to Combat Organized Crime and the Funding of Terrorism (ONCDOFT), established under the Basic Act of 2012, is responsible for the organization, control and supervision at the national level of any actions aimed at preventing and combating organized crime and the funding of terrorism, among which trafficking in persons (section 5). It encouraged the Government to continue its awareness-raising activities. The Committee notes the Government’s general indication that the ONCDOFT carried out several awareness-raising activities within communities and public education institutions to disseminate information on organized crimes, providing tools to prevent citizens from becoming victims of trafficking. The Government adds that a national network against organized crime and funding of terrorism, which is represented by coordination units in each of the 24 states, has been developed by the Government and is responsible for implementing prevention activities regarding organized crime and the funding of terrorism. The Committee requests the Government to continue its efforts to combat trafficking in persons by ensuring comprehensive prevention and awareness-raising activities specifically focused on trafficking in persons for labour and sexual exploitation purposes, at both national and local levels. It further requests the Government to provide information on the content of the activities undertaken to that end, as well as on the above-mentioned tools for the prevention of trafficking, the results achieved and any difficulties encountered.

Protection of victims. The Committee previously noted that the National Coordinating Unit for the protection of victims, witnesses and other parties to legal action, in collaboration with victim care units, is responsible for ensuring adequate protection for victims as soon as they are identified. This protection includes medical, psychological and legal assistance, temporary accommodation, money for food and conditions of security. The Committee requested the Government to provide specific information on the number of victims who have benefited from assistance and the type of assistance provided. The Committee notes the Government’s general statement that several shelters are available for victims of trafficking where they can benefit from medical and psychological assistance. The Government adds that ONCDOFT is currently revising the protocol for assistance for victims of trafficking and that a large number of stakeholders, including non-profit organizations which provide assistance for the reintegration of victims, are involved in this process. The Committee notes that, in their observations, the CTV, FAPUV and CTASI highlight that the Government did not provide information on the number of victims identified or on the percentage of victims who received assistance and the type of assistance they benefited from, which is an issue of concern in view of the prevalence of trafficking situations within the country. Noting with regret the lack of information provided by the Government on the assistance provided to victims of trafficking, the Committee requests the Government to provide specific information on the number of victims who have benefited from assistance and the type of assistance provided. The Committee also requests the Government to provide information on the protocol for assistance for victims of trafficking formulated by the ONCDOFT, once it has been revised.

Enforcement of effective penalties. The Committee previously noted that ONCDOFT is responsible for developing training programmes for officials of the judiciary, the prosecution services and the forces of order on the various types of crimes covered under the Basic Act of 2012, among which trafficking in persons, and requested the Government to provide information on the judicial proceedings initiated and convictions in cases of trafficking, as well as on the measures taken to reinforce the capacities of the various authorities involved in combating this crime. The Committee notes the Government’s indication that, since 2018, the Border Trafficking Route has been established in order to enhance training and capacity-building for public officers at key border control locations, providing them with tools to improve mechanisms for the identification of potential victims, assistance mechanisms, and prevention and control measures. Noting the Government’s indication that the Office of the Public Prosecutor has initiated legal proceedings for trafficking in persons under section 41 of the Basic Act of 2012 against 163 persons for 2017–2018, the Committee notes with regret that the Government has still not provided information on the number of convictions or the nature of the penalties imposed. It further notes that, in its observations, the CTV highlights the insufficient implementation of the Basic Act of 2012 by the Government, which did not take any significant action to combat trafficking in persons. The CTV adds that the number of legal proceedings referred to by the Government does not reflect the real magnitude of the issue in the country, more particularly the prevalence of trafficking in women and girls in border and touristic areas, and that there is no information on the complaints of complicity or corruption. The Committee requests the Government to continue providing information on the concrete measures taken to enhance training activities and strengthen the capacities of the various authorities involved in combating trafficking in persons, to ensure that these authorities are effectively in a position to detect situations of trafficking in persons, carry out adequate investigations and initiate prosecutions against the perpetrators of this crime, including any complicit public officials. It further requests the Government to provide detailed information on the number and nature of investigations carried out, prosecutions initiated, court decisions handed down and penalties imposed, specifying the provisions of the national legislation under which the criminal proceedings were brought.

2. Conditions of work amounting to forced labour. Situation of Cuban doctors. The Committee previously noted that, in its observations received in 2016, the Independent Trade Union Alliance (ASI) raised specific concerns regarding the recruitment, conditions of work and isolation of Cuban doctors who came to work in the Bolivarian Republic of Venezuela within the framework of an agreement signed between the Governments of the two countries and requested the Government to provide information on these allegations. The Committee notes the Government’s indication that Cuban doctors are working under a health programme implemented within the framework of the cooperation agreement signed with the Republic of Cuba in 2000. It states that the Government provides personal housing, food and allowances for personal expenses and that, contrary to the politically motivated observations received from the ASI, Cuban doctors are not isolated. The Committee notes however that, in its observations, the CTV refers to the numerous complaints made by Cuban doctors regarding their conditions of work amounting to forced labour, including underpayment of wages, the main part of which is retained by the Cuban Government, confiscation of passports, limitations on movement, threats of retaliatory actions against workers and their families if they leave the programme, as well as surveillance outside of work. The CTV adds that health workers also denounced this situation. The Committee further notes that, in their observations, FAPUV and CTASI express similar concerns and further highlight that: (i) besides Cuban doctors, Cuban health personnel and other workers who work in Venezuela as "collaborators" are affected by the same situation; and (ii) the agreement with the Cuban Government for the provision of medical and other services in Venezuela has not been made official and even less approved by the National Assembly. In its additional observations, the CTASI expresses concern about the lack of transparency regarding the terms and conditions of the agreement, and the working conditions of these Cuban workers in Venezuela, and calls upon the Government to provide extensive public information in that regard. The Committee observes that, in her 2018 report following her mission to Cuba, the United Nations Independent Expert on human rights and international solidarity indicates that according to official sources, in July 2017, 42,000 Cuban health workers were based in 63 countries and Cuban doctors were serving in more than 6,000 outpatient clinics in the Bolivarian Republic of Venezuela (A/HRC/38/40/Add.1, 9 May 2018, paragraph 55). The Committee notes that, in May 2019, a complaint on the working conditions of Cuban doctors in the Bolivarian Republic of Venezuela was made before the International Criminal Court following an investigation carried out by a Spanish NGO named Cuban Prisoners Defenders. It further notes that the Organization of American States expressed similar concerns regarding the situation of Cuban doctors. The Committee requests the Government to provide further information on the recruitment, conditions of work and termination of employment of Cuban doctors and health workers, including by providing a copy of the agreement signed with the Cuban Government in that respect and examples of contracts signed by Cuban doctors. It further requests the Government to provide information on the number of doctors and health workers who left the programme and the consequences of such resignations. Lastly, the Committee requests the Government to provide information on the number of complaints from Cuban doctors and health workers registered, the nature of the alleged violations and penalties imposed.

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

The Committee notes the observations received from the International Organisation of Employers (IOE) and the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) on 31 August 2017; the Confederation of Workers of Venezuela (CTV) on 11 December 2019; the Federation of University Teachers' Associations of Venezuela (FAPUV) and the Independent Trade Union Alliance Confederation of Workers (CTASI) on 11 September 2020; and the CTASI on 30 September 2020. The Committee requests the Government to provide its reply to these observations.

Article 2(2)(d) of the Convention. Requisitioning of workers. The Committee previously noted that resolution No. 9855 of 19 July 2016 establishes a transitional labour regime of a compulsory and strategic nature for all work entities in order to contribute to the recovery of the production in the agro-food sector, through the establishment of a system where entities identified by the Government as requiring special measures to increase their production may request a specific number of workers from public or private enterprises, which are required to make the requested workers available. It noted that, as a result, requisitioned workers can be transferred from their job at the request of a third enterprise, without being able to give their consent, for a renewable 60-day period. Observing that the resolution was adopted within the framework of Decree No. 2323 of 13 May 2016 which declared the state of emergency and economic crisis and was subsequently extended, the Committee noted that, while such a system aimed at reinforcing agro-food production to ensure food security, it did not appear to respond to a sudden and unforeseen happening endangering the existence of the population and could therefore not be considered as an exception to forced labour under the terms of Article 2(2)(d) of the Convention. It requested the Government to provide information on the measures taken to ensure that in practice no pressure is exerted on workers to accept these transfers, and to ensure that any act authorizing the requisitioning of workers in cases of force majeure is confined within the strict limits authorized by the Convention.

The Committee notes the Government’s indication, in its report, that the resolution was not implemented in practice and that, as a result, no worker was transferred under the transitional labour regime. The Government adds that the resolution was in force for six months and then ceased its effects. Taking note of this information, the Committee further notes that, in their joint observations, the IOE and FEDECAMARAS indicate that the Government has merely ceased applying the resolution on a temporary basis but that there has not been any formal repeal of the resolution. It notes that similar observations are made by the FAPUV and CTASI. The Committee observes that the “state of emergency and economic crisis” declared under Decree No. 2323 and which served as a basis for the elaboration of resolution No. 9855 has been extended through several decrees for more than one year. It recalls that, pursuant to Article 2(2)(d) of the Convention, compulsory labour should be confined to genuine situations of emergency or cases of force majeure, that is a sudden unforeseen happening which endangers the existence or the well-being of the whole or part of the population, and therefore calls for instant countermeasures, so that such requisitioning is not transformed into the mobilization of labour for purposes of economic development, which is also prohibited by Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105). Noting that resolution No. 9855 is no longer applied in practice, the Committee requests the Government to take the necessary measures to formally repeal the resolution to bring its national legislation in conformity with the Convention.

Social work by public employees. The Committee previously noted that, in its observations received on 2016, the Independent Trade Union Alliance (ASI) raised concern about voluntary social work undertaken by public sector officials and employees to carry out solidarity work outside their working time, and indicated that there were doubts about the voluntary nature of this work as pressure could be exerted by the authorities. The Committee requested the Government to provide information on these allegations. The Committee notes the Government’s statement that there were very few cases where public employees have been summoned to carry out social work and, when it happened, such employees were free to respond or not to the convocation and carrying out the social work was fully voluntary. The Government highlights the low probability that a supervisor could impose social work as the necessary safeguards are in place and the Government issued instructions to make sure that this cannot happen. It adds that no complaints of social work were made before administrative or judicial bodies by trade union or workers. In this regard, the Committee notes that in their observations, the CTV, FAPUV and CTASI indicate that several complaints were made by retired workers from electric and oil companies who have been forced to remedy certain situations by police forces who entered their homes. The CTV adds that there have been allegations of cases where supervisors imposed quotas for participation in social work under the menace of a penalty. The Committee further notes that, in its observations, the CTASI states that the Government has openly promoted the practice of “voluntary” work for civil servants and public sector employees, alleging solidarity reasons. The CTASI further highlights that, in some cases, such workers had to work during their rest day, summoned by authorities, under the menace of a penalty, in order to carry out tasks beyond their normal duties and outside of their working environment, such as cleaning public space, painting buildings or maintaining parks. The Committee takes note with concern of this information. The Committee requests the Government to provide information on these allegations. It further requests it to provide information on the legal framework regulating social work undertaken by public servants and public sector employees, including instructions issued by the Government in that regard, as well as the manner in which it is ensured in practice that public servants and public sector employees give their consent to carry out social work.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 45 (underground work (women)), 120 (hygiene (commerce and offices)), 127 (maximum weight), 139 (occupational cancer) and 155 (occupational safety and health) together.

The Committee notes the observations on the application of Convention No. 155 made by the Confederation of Workers of Venezuela (CTV), which were received on 2 September 2015, and by the National Union of Workers of Venezuela (UNETE), which were received on 2 October 2015, and also the Government’s reply to the latter, which was received on 8 December 2015. The Committee also notes the joint observations on Convention No. 155 sent by UNETE, the CTV, the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), which were received on 8 and 12 September 2016, and also the Government’s reply, which was received on 11 November 2016.

Application in practice of Conventions Nos 13, 120, 127, 139 and 155. The Committee notes the information provided by the Government in its report on Convention No. 155 and in the 2018 Report and Account document of the Ministry of People’s Power for the Social Process of Labour relating to the number of occupational accidents and diseases. The Committee also notes the Government’s reference to measures to improve the situation of OSH in the country, including the development of a culture of prevention driven by OSH services in the workplace and training activities on OSH for workers. The Committee requests the Government to indicate the impact of the adopted measures on reducing the number of occupational accidents and diseases in the country, particularly in sectors with a higher incidence rate. The Committee also requests the Government to continue providing available information on the application in practice of ratified OSH Conventions, including the number, nature and cause of notified occupational accidents and diseases.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Article 5(a) and (d) of the Convention. Spheres of action to be taken into account in the national policy. The Committee notes that the CTV indicates in its observations that at the state electricity service company: (i) working conditions are not safe because of a lack of adequate equipment and tools, which exposes workers to the risk of accidents; (ii) in some cases the dilapidation of buildings where the work is performed and overcrowding endanger the physical safety of the workers; and (iii) the annual inspections of thermoelectric power generation units in power plants, required by the Regulation on working conditions and the working environment to ensure that the workplace is safe, are not carried out. The Committee also notes that UNETE indicates in its observations that the number of accidents in the oil industry has risen. UNETE also indicates that there is a decline in occupational safety and health conditions in the cement industry, with an increase in hazards, particularly from environmental pollution due to non-observance of standards by enterprises, and a lack of occupational health services (physicians) in workplaces. The Committee also notes that the CTV, the CGT, UNETE and CODESA reiterate these allegations in their joint observations. In this regard, the Committee notes the Government’s reply, indicating that the National Institute for Occupational Prevention, Health and Safety (INPSASEL) has developed an institutional policy including: (i) active management of OSH; (ii) the establishment of a culture of prevention driven by OSH services in the workplace (through comprehensive inspections and healthcare); (iii) the election of prevention delegates; (iv) the setting up of OSH committees in workplaces; and (v) the restitution of labour rights that have been violated. The Committee requests the Government to provide specific, detailed information on the application in practice of the Basic Act on prevention, working conditions and the working environment (LOPCYMAT) with regard to: (i) design, testing, choice, substitution, installation, arrangement, use and maintenance of the material elements of work, including workplaces, working environment, tools, machinery and equipment; (ii) relationships between the material elements of work and the persons who carry out or supervise the work; (iii) adaptation of machinery, equipment, working time, organization of work and work processes to the physical and mental capacities of the workers; and (iv) communication and cooperation at the levels of the working group and the undertaking and at all other appropriate levels up to and including the national level.

Noting with deep regret that there has been no reply to the observations of the above-mentioned trade union organizations, the Committee requests the Government to establish a forum for dialogue with them in order to analyse the measures to be taken in relation to the safety and health conditions reported in the cement and petroleum industries.

Article 11(c). Establishment and application of procedures for the notification of occupational accidents and diseases. The Committee notes the Government’s indication, in reply to its previous request, that Chapter II (sections 73–75) of the LOPCYMAT and technical standard INT-02-2008 regulate procedures for the notification of occupational accidents and diseases. With regard to time limits for the certification of occupational diseases, the Government also indicates that the aforementioned technical standard (Chapter III and point 6.1) provides that INPSASEL shall define the origin of the occupational disease on the basis of an investigation and a report and that the Occupational Safety and Health Service shall produce the investigation report within 15 calendar days following the diagnosis of the pathology, where it relates to classified diseases on the list of occupational diseases; in cases where they are not on the list, the time limit is 30 calendar days following the clinical diagnosis. The Committee notes that UNETE indicates in its observations that INPSASEL takes an indefinite amount of time to issue certificates of work-related diseases or accidents and that these are essential for applying to the administrative bodies for compensation and obtaining redress for the harm suffered. Moreover, UNETE indicates that INPSASEL has not fixed a time period for issuing the aforementioned certification, and so workers who are victims of occupational diseases or accidents are obliged to turn to the Ministry of Labour and, if no agreement is reached on payment, they have to apply to the labour courts, which delays the process. In this regard, the Committee notes the Government’s reply that the relevant institutions respond immediately to applications from workers who are victims of occupational accidents or diseases, as follows: (i) an investigation into the occupational accident or disease is requested and, if the five requirements for the diagnosis are fulfilled (clinical, paraclinical, OSH-related, legal and epidemiological), INPSASEL issues the certificate through a technical/scientific instrument called the “National scale for determining the percentage of disability for occupational accidents and diseases”; (ii) on the basis of a review of the technical file, it is decided whether or not there was subjective liability and, if so, an expert’s report is generated, which is processed in the labour inspectorate as an essential requirement for accreditation (section 9 of the Partial Regulations of the Basic Act on prevention, working conditions and the working environment; (iii) not all medical certificates issued by INPSASEL give rise to compensation on account of subjective liability on the part of the employer but they do affect the social security aspects; and (iv) INPSASEL does not determine the moral injury, loss of earnings or consequential damage, which come within the sole competence of the labour courts. The Committee requests the Government to provide further information on the application in practice of the procedure for the notification of occupational accidents and diseases, including the respective time limits, and also on the procedure and time limits for issuing certificates of occupational diseases. With regard to issues relating to benefits in cases of occupational disease, the Committee refers to its comments made in relation to the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121).

Article 11(d). Holding of inquiries where cases of occupational accidents appear to reflect serious situations. The Committee notes that the Government, in reply to its previous request regarding the explosion at the Amuay refinery, reiterates that the investigations into the accident revealed that it was an act of sabotage and was not related to any defects in OSH conditions. The Government adds that 926 medical assessments have been conducted for occupational accidents and 1,144 for occupational diseases, and 1,891 medical certificates have been issued for occupational accidents and 2,570 for occupational diseases. The Committee requests the Government to provide further information on any measures taken or contemplated to ensure that inquiries are conducted whenever cases of occupational accidents, occupational diseases or any other injuries to health which arise in the course of or in connection with work appear to reflect serious situations.

Article 11(e). Annual publication of information on occupational accidents, occupational diseases and other injuries. The Committee notes that the statistical information provided by the Government on occupational accidents and diseases, in response to its previous requests, is disaggregated by economic sector. The Committee requests the Government to provide information on the annual publication of information concerning measures taken pursuant to the national OSH policy, and on occupational accidents and diseases.

Article 12(b) and (c). Obligations of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee requests the Government to take measures to ensure that persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use make available information concerning the correct installation and use of all types of machinery and equipment, and to provide more information on the manner in which it is ensured that such persons keep abreast of the necessary scientific and technical knowledge.

B. Protection against particular risks

Maximum Weight Convention, 1967 (No. 127)

Articles 3 and 7 of the Convention. Maximum weight of loads transported manually by a worker. Employment of women and young workers in the manual transport of loads. The Committee notes the Government’s indication, in reply to its previous requests, that Decision No. 9589 of 18 January 2016 was issued, establishing technical regulations for controlling the handling, lifting and manual transport of loads (CMLTMC), Chapter VI of which fixes the maximum weight of manually transported loads at 20 kilos for men and 12 kilos for women.

Article 5. Training of workers assigned to the manual transport of loads, on the techniques to be used. The Committee notes with interest the Government’s indication, in reply to its previous request to supply documentation illustrating the training provided for workers assigned to the manual transport of loads, that section 36 of the CMLTMC of 2016 provides that the Occupational Safety and Health Service must ensure that workers receive adequate and appropriate ongoing practical and theoretical training and information on the safe handling of loads. The Government also indicates that INPSASEL carries out information and training activities, such as the dissemination of the content of OSH regulations and information on their application.

Article 8. Application of the Convention. In its previous comment, the Committee noted the Government’s indication that between 2009 and 2014 INPSASEL recorded a total of 13,162 cases of occupational disease involving musculoskeletal disorders, of which 69.7 per cent occurred in the manufacturing industry. For this reason, INPSASEL was working on the review and updating of classification parameters to distinguish between illnesses caused by the handling of loads and those caused by other factors. The Committee notes that Chapter II (sections 12–17) of the CMLTMC of 2016 regulates the aspects to be taken into account in ergonomic assessments of jobs, such as work surfaces, bodily posture, accumulated loads per working day, physical and mental capacities of workers, and frequency of load handling. The Committee requests the Government to provide information on the impact of the CMLTMC of 2016 on the reduction of the number of cases of occupational disease involving musculoskeletal disorders, in particular in the sectors with higher rates of musculoskeletal conditions.

Occupational Cancer Convention, 1974 (No. 139)

Article 1. Requirement to periodically determine the carcinogenic substances and agents to which occupational exposure shall be prohibited or made subject to authorization or control. In its previous comment, the Committee noted the Government’s indication that INPSASEL is using the internationally certified list of carcinogenic substances of the International Agency for Research on Cancer (IARC), as well as the lists of hazardous substances issued by the ILO. The Committee notes that the Government’s report does not contain any information on this issue raised in its previous comment. The Committee therefore once again requests the Government to provide the following information: (1) the provisions of the national legislation which refer to the IARC list of carcinogenic substances; (2) the list of substances that are prohibited in practice; (3) the list of substances subject to authorization or control; and (4) the manner in which such authorization or control is exercised. The Committee also requests the Government to indicate the manner in which this list is periodically reviewed and the date of the most recent review.

Article 2(1). Replacement and exposure levels. 1. Exposure levels. The Committee notes that the Government does not provide any information, in reply to its previous request, on progress made regarding the development of a matrix of occupational exposure to carcinogenic substances. The Committee once again requests the Government to provide information on progress made regarding the development of the matrix of exposure to carcinogenic substances.

2. Asbestos replacement. With regard to asbestos replacement, the Committee notes the Government’s statement that: (i) the Ministry of People’s Power for Health (MPPS) and the Ministry of People’s Power for the Environment have developed strategies for the removal of asbestos (“Procedure for the importation, handling and removal of asbestos and asbestos materials”); (ii) the MPPS regulates the importation of asbestos through the Sanitary Engineering Department, via Decree No. 827 of 1990; (iii) Venezuelan Convention of Industrial Standards (COVENIN) standard No. 2251 of 1998 (“Asbestos. Transport, storage and use. Occupational hygiene measures”) regulates all aspects of occupational exposure to asbestos; (iv) the implementation of the permit to import asbestos has become an important tool for the control of this mineral; (v) 100 per cent of the asbestos imported by the country is chrysotile (white asbestos); (vi) the ordinance on the replacement of asbestos by the state oil and gas company is now in force; and (vii) since 2014, the Barrio Nuevo, Barrio Tricolor Great Mission has been replacing asbestos with cement in various types of roof throughout the country. Recalling that each Member which ratifies this Convention shall make every effort to have carcinogenic substances and agents to which workers may be exposed in the course of their work replaced by non-carcinogenic substances or agents or by less harmful substances or agents, the Committee requests the Government to continue providing information on asbestos in this regard.

Article 2(2). Reduction to the minimum compatible with safety of the level of exposure of workers to ionizing radiation. In its previous comment, the Committee noted that COVENIN standard No. 2259 of 1995 provides, with respect to pregnant women, that during the period from conception to birth it must be guaranteed that the embryo/foetus is not exposed to a dose of more than 5 mSv. The Committee notes that the Government does not provide any information on this matter. The Committee recalls that Article 2(2) of the Convention provides that the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure shall be reduced to the minimum compatible with safety. In this regard, the Committee refers to paragraph 33 of its general observation of 2015 on the Radiation Protection Convention, 1960 (No. 115), in which it considers that the methods of protection at work for women who are pregnant should provide a level of protection for the embryo/foetus broadly similar to that provided for members of the public (1 mSv). The Committee requests the Government to provide supplementary information on any measures taken or contemplated to guarantee that the duration and degree of exposure to ionizing radiation is reduced to the minimum compatible with safety.

Article 3. Measures to protect workers against the risks of exposure to carcinogenic substances or agents. The Committee notes the Government’s indication, in reply to its previous request, that in the framework of its annual operating plan INPSASEL applies the “comprehensive action” strategy, whereby technical representatives of the substantive disciplines of the institution (occupational health, hygiene and safety, education, sanctions and epidemiology) carry out a prior study in workplaces and subsequently carry out a follow-up visit to check the health and safety aspect of jobs and develop work plans to improve working conditions and the working environment, including assessments of risks arising from exposure to hazardous substances. While noting that the Government refers to general protection measures, the Committee requests it to provide supplementary information on the specific measures taken to protect workers against exposure to carcinogenic substances or agents in the workplace. The Committee also requests the Government to provide information on measures taken or envisaged to establish an appropriate system of records, in accordance with Article 3 of the Convention.

Article 5. Measures to ensure that workers are provided with medical examinations. In its previous comment, the Committee noted that the LOPCYMAT regulations require periodic medical examinations to be undertaken, including a pre-employment examination, pre- and post-vacation examinations, an examination upon termination of employment and examinations related to exposure to hazards. The Committee notes the Government’s indication that hazards are taken into account when determining the relevant examinations relating to exposure to carcinogenic substances or agents, concentrations of substances in the air, and the duration of exposure. The Committee requests the Government to provide information on the application in practice of Article 5 of the Convention in order to guarantee that workers are provided with the medical examinations or the biological or other examinations or investigations, during and after employment, which are necessary to assess exposure or state of health in relation to occupational hazards.

Article 6. Measures, institutions and appropriate inspection services. The Committee notes the information provided by the Government, in reply to its previous request, extracted from the 2018 report of the Ministry of People’s Power for the Social Process of Labour, regarding the work done that year by INPSASEL, which includes training activities for workers and their representatives in the field of OSH, research into OSH in different sectors, and preventive and corrective supervisory and monitoring measures in relation to working conditions and the working environment. In this regard, the Committee refers to its comments made in relation to Convention No. 155.

C. Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), classified Convention No. 45 as an outdated instrument, and placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to take follow-up action to actively encourage the ratification of up-to-date instruments relating to OSH, including, but not limited to, the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to give effect to the decision of the Governing Body at its 334th Session (October–November 2018) approving the recommendations of the SRM TWG and to consider the possibility of ratifying the most up-to-date instruments in this subject area. In this regard, the Committee reminds the Government of the possibility to avail itself of technical assistance from the Office.

[The Government is asked to reply in full to the present comments in 2022.]

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) in a single comment.

The Committee notes the 2019 report and the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020).The Committee notes the observations made jointly by the Independent Trade Union Alliance Confederation of Workers (CTASI) and the Federation of University Teachers’ Associations of Venezuela (FAPUV), received on 15 September 2020, the observations of the CTASI received on 30 September 2020, and the observations of the Bolivarian Socialist Confederation of City, Country and Fishing Workers of Venezuela (CBST–CCP) received on 3 December 2020.

Labour inspection: Convention No. 81

Articles 3, 4 and 6 of the Convention. Structure of the labour inspectorate. In its previous comment, the Committee noted the Government’s indication that the Plan to update the system for the administration of labour justice in administrative proceedings (PASJTSA) had been approved for a period of 15 months with the objective of organizing inspection through the labour inspection services for collective rights, for penalties and for individual rights. The Committee notes the Government’s indication that the Plan ended in December 2016 and was not extended. The Committee requests the Government to provide updated information concerning the various labour inspection units, their composition and their functions.

Articles 6, 7(1) and 15(a). Independence and competence of labour inspectors. Legal status and conditions of service of personnel performing inspection duties. 1. Special commissioners. In its previous comment, the Committee noted the Government’s indication that the “special commissioners” appointed by the labour inspection services to cover vulnerable sectors in which distance precludes coverage by the inspection services, are not public officials and do not have security of employment, and are under the direct responsibility of the People’s Minister of the Social Process of Labour. The Committee notes the Government’s indication that in 2020, as they had demonstrated their aptitude for the performance of inspection duties and in view of their academic training, these public officials were appointed to posts included in the supervisory units of the People’s Ministry of the Social Process of Labour (MPPPST), and that their legal status, conditions of service, stability of employment and independence are assured without any discrimination, and that they are covered by the benefits set out in the collective labour agreement concluded between the MPPPST and the unions registered with the Office of the Deputy Minister for the Integrated Labour and Social Security Inspection System. While noting the information provided by the Government, the Committee requests it to indicate whether the special commissioners who have now been incorporated into the supervisory units benefit from the same status and remuneration as labour inspectors and the specific duties that they perform.

2. Remuneration of inspectors. The Committee notes the indication by the CTASI and the FAPUV that the salaries of inspectors are extremely low. The Committee requests the Government to provide its comments in this regard. The Committee also requests the Government to provide information on the salaries and benefits of inspectors in comparison with those of other public officials exercising similar functions in other Government services, such as tax inspectors and police officers.

Articles 20 and 21. Annual report. The Committee notes the statistical data provided by the Government in the reply to its previous request, for the period 2016-2019, covering most of the subjects required by Article 21 of the Convention. The Committee requests the Government to continue providing statistical data on all the subjects covered by Article 21(a) to (g) of the Convention and to ensure that annual reports are published on the work of the labour inspection services.

Labour administration: Convention No. 150

Article 3. Labour policy activities regulated through negotiations. The Committee notes the Government’s indication in its report, in reply to its previous request, that conciliatory labour round tables have been established in the State directorates, with the participation of workers and employers and their organizations, where they exist, with the objective of addressing and resolving disputes between the parties. The Committee requests the Government to specify those aspects of the national labour policy that are considered as matters to be regulated through direct negotiations between employers’ and workers’ organizations.

Articles 4 and 5. Organization and effective operation of the labour administration system. Appropriate arrangements to secure consultation, cooperation and negotiation with the social partners. The Committee notes the Government’s indication, in reply to its previous request, that the process of the creation of the MPPPTS, which involved the establishment of various subordinate Ministries, has led to an increase in activities related to consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers within the framework of the labour administration system. The Committee requests the Government to provide detailed information on consultation, cooperation and negotiation activities with the most representative organizations of employers and workers, with an indication of the type of activities, their content and frequency, and the employers’ and workers’ organizations that participated.

The Committee notes the report and the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations made jointly by the Independent Trade Union Alliance Confederation of Workers (CTASI) and the Federation of University Teachers’ Associations of Venezuela (FAPUV), received on 15 September 2020, the observations made by the CTASI, received on 30 September 2020, and 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. The Committee requests the Government to provide its comments in this regard.

Articles 3(1)(a) and (b), 13 and 16 of the Convention. Labour inspection in the field of occupational safety and health (OSH). The Committee notes that, in reply to its previous request concerning OSH, the Government indicates in its report that: (i) according to the Report and Account, in 2018 the National Institute of Prevention and Health and Safety at Work (INPSASEL) carried out 1,671 inspections of occupational safety and health conditions; (ii) in 2019, INPSASEL implemented 103 comprehensive actions and 3,014 follow-ups at the national level, which consist of preventive action and monitoring of working conditions and environment by a multidisciplinary team of public officials from the State Departments of Occupational Safety and Health (GERESAT) attached to the Inspection, Occupational Health and Education Coordination Units; and (iii) INPSASEL currently has over 170 inspectors. The Government adds that orders with immediate executory force have not been issued as cases of non-compliance with occupational safety and health requirements have not been identified which could cause immediate and serious danger to the life or health of workers. In this regard, the Committee draws the Government’s attention to the fact that the total absence of the identification of serious cases of non-compliance (over a long period of time and for a large population) could, in certain cases, demonstrate that workplaces are not being inspected as often and as thoroughly as necessary. With reference to its comments on the OSH Conventions, the Committee requests the Government to make every effort to ensure that OSH inspections are carried out as often and as thoroughly as necessary and to continue providing detailed information on labour inspection in relation to occupational safety and health. With regard to the effect given in practice to Article 13 of the Convention, the Committee requests the Government to investigate and report on the reasons why there have been no orders with immediate executory force issued in the event of imminent danger to the health and safety of workers, and to provide information on this practice in the future.

Articles 6, 7(1) and 15(a). Independence and competence of labour inspectors. Legal status and conditions of service of personnel performing inspection duties. Selection of inspectors. The Committee notes the Government’s indication, in reply to its previous comment on the selection criteria for inspectors, that they are related to the skills, training and experience of applicants and that political ideology is not among the requirements for employment. It adds that the recruitment of officials discharging inspection duties is governed by the provisions of the Public Service Regulations Act, the Regulations of the Act on administrative careers and the internal Regulations on recruitment and employment stability, which are based on the Constitution of the Bolivarian Republic of Venezuela, which provides that the appointment and removal of public employees may not be determined on the basis of political membership or opinions. The Government also indicates that no complaints of discrimination have been received from workers wishing to obtain employment in the labour inspection services. In this regard, the Committee notes that the CTASI and the FAPUV, in their joint observations, reiterate that the appointment and removal of public employees is based on political criteria and that inspectors are not in a position to perform their duties with independence. The CTASI also reiterates that the selection of inspection personnel is discriminatory on grounds of political ideology. The Committee recalls that, under the terms of Article 6 of the Convention, the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. Article 7 also provides that labour inspectors shall be recruited with sole regard to their qualifications for the performance of their duties and that the means of ascertaining such qualifications shall be determined by the competent authority. The Committee requests the Government to provide its comments on the observations of the CTASI and the FAPUV, and to provide information on the measures adopted or envisaged to ensure the stability and independence of labour inspectors, as required by the Convention.

Articles 10 and 11. Number of inspectors and material resources. The Committee notes the Government’s indication, in reply to its previous request, that in 2019 the labour inspection services had 196 labour inspectors assigned to the inspection units of the People’s Ministry for the Social Process of Labour (MINPPTRASS), distributed at the national level in accordance with the economically active population, the number of industries and the size of the territory. It adds that, around August 2020, the figure was 184. The Government further indicates that there is at least one inspection unit in each state and the INPSASEL recently completed the first phase of the Comprehensive Intensive Training Programme (PIFI). In this regard, the Committee notes that the CTASI and the FAPUV allege that the labour inspection system is not effective, as the MINPPTRASS does not have sufficient personnel and is the Ministry with the lowest budget, and that the number of inspectors is low and there is a scarcity of means of transport and payments to cover the daily expenses of the staff. The CTASI adds that the budgetary shortage limits the Ministry in the discharge of its principal function of the enforcement of labour legislation. The Committee requests the Government to provide its comments in this regard. While observing a slight decrease in the number of labour inspectors, the Committee expects that the Government will take all necessary measures to ensure the effective discharge of the functions of the labour inspection services. The Committee requests the Government to continue providing information on the number of labour inspectors, and particularly on the material resources available to inspectors for the performance of their duties (including vehicles and premises).

Articles 12(1) and (2) and 15(c). Notification of the presence of inspectors on the occasion of an inspection. Timing of inspections. Requirement of confidentiality. In its previous comment, the Committee noted that section 514(1) of the Basic Act concerning labour and men and women workers (LOTTT) maintains the requirement for inspectors to show identification upon their arrival and to specify the reason for the visit, and that it only allows visits during working hours, which limits the free access of inspectors to workplaces. The Committee notes the Government’s indication that under article 89(1) of the Constitution, which provides that with respect to employment relationships, the actual situation shall take precedence over the form or appearance of the relationship, public inspection officials may freely enter at any hour of the day or night any workplace liable to inspection, irrespective of the working hours indicated by the employer, since under the terms of section 516 of the LOTTT the scope of action of public inspection officials includes and covers work units and, in general terms, places where work is performed. The Committee recalls that it had previously raised concerns that the requirement to notify the reason for the inspection under section 514(1) might jeopardize the confidentiality of the existence of a complaint, as well as the identity of the complainant. The Committee therefore once again requests the Government to amend the provision referred to above to: (i) ensure recognition in the national legislation of the principle of confidentiality and the power of inspectors provided with proper credentials not to notify their presence if they consider that such notification may be prejudicial to the performance of their duties, as required by Articles 12(2) and 15(c) of the Convention; and (ii) give effect to Article 12(1)(a) of the Convention by empowering inspectors (provided with proper credentials) to enter freely at any hour of the day or night any workplace liable to inspection.

Article 16. Supervision by labour inspectors, frequency and thoroughness of inspections. The Committee notes the Government’s indication that the number of inspections was 44,211 in 2016, 38,791 in 2017 and 31,174 in 2018. The Committee also notes that the figure was 12,599 in 2019. The Government adds that in 2016, 2017, 2018 and 2019 a total of 844, 1,313, 7,722 and 5,101 penalties were imposed, respectively. The Government further indicates that in 2016 and 2017, labour inspectorates focused on the application of penalties were established in various states, which resulted in an increase of 100 per cent in the recovery of fines in 2016 and 22.82 per cent in 2017. In this regard, the Committee notes that the CTASI and the FAPUV in their joint observations, and the CTASI in its observations, indicate that, particularly in relation to child labour, where there are serious problems, these figures do not tally with the real situation in the country. The Committee further notes the indication by the CTASI that the current pandemic has resulted in a decrease in the operations of both labour inspection services and labour tribunals, which is an obstacle to the identification of violations of labour legislation and makes it difficult to make complaints of violations of labour rights. Lastly, the CTASI indicates that although labour inspection services are empowered to impose penalties calculated on the basis of the minimum wage, the penalties are generally very low. The Committee requests the Government to provide its comments in this regard.

The Committee notes with concern the significant decrease in the total number of inspections in 2019 in comparison with previous years and requests the Government to explain the reasons. The Committee also requests the Government to continue providing statistical data on violations of labour laws, with an indication of the provisions breached and the penalties imposed. With reference to its previous comments concerning the Minimum Age Convention, 1973 (No. 138), the Committee also requests detailed information on the inspection activities carried out in relation to child labour.

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

Articles 8 and 15(d) of the Convention. Deductions from wages. Records of wages. Further to its previous comment, the Committee notes the information provided by the Government in its report, including: (i) the reference to the provisions of the national system that regulate deductions from wages; and (ii) the indication that it is mandatory for the employer to issue wage payment receipts, which must contain the amount of the wage and of any deduction therefrom, and to keep records of the payment receipts for inspection by the competent body.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102 (minimum standards), 121 (employment injury benefits), 128 (invalidity, old-age and survivors’ benefits) and 130 (medical care and sickness benefits) together.

The Committee notes the observations of the Independent Trade Union Alliance Confederation of Workers (ASI) on the application of Conventions Nos 102 and 130, received on 30 September 2020.

The Committee deeply regrets that the Government has not provided a detailed reply to the observations made by the ASI in 2011 and 2016 on the application of the Conventions. The Committee recalls that the ASI alleged: (1) that the legislation envisaged by the Basic Act on the Social Security System of 2002 (LOSSS), as partially reformed in 2012, generates legal inconsistencies due to the lack of clarity and of political will to implement the benefits system envisaged by the Act, resulting in an incomplete, uncoordinated and unequal system; and (2) the existence of procedural difficulties encountered by users of the social security system in asserting their rights before the courts, and particularly the Supreme Court of Justice (TSJ), which has provided contradictory indications concerning the development that should characterize the implementation of the fundamental right to social security, especially through procedural delays and reversals of case law. The Committee urges the Government to provide a detailed reply on this matter and emphasizes the importance of dialogue with the social partners on decisions relating to social security. The Committee also draws the Government’s attention to the new issues raised by the ASI in its 2020 observations (see Article 10 of Convention No. 102, Article 10 of Convention No. 121, Article 13 of Convention No. 130 and Articles 71(3) and 72(2) of Convention No. 102) and requests the Government to provide its comments in this regard.

Part II (Medical care), Article 10 of Convention No. 102, Article 10 of Convention No. 121 and Article 13 of Convention No. 130. Medical care benefits. With reference to its previous comments, the Committee notes the information provided by the Government on the network of health services at the various levels, and the number of medical treatment provided during the years 2016–18. The Committee also notes the ASI’s observations alleging that the current crisis in the country has resulted, among other consequences, in the exhaustion of medicines and basic products for the prevention and treatment of diseases, and lack of care for people with chronic conditions, nutrition problems, pregnant women and newborns, as well as the inadequate management of the COVID-19 pandemic. The Committee requests the Government to provide its comments in this regard and to indicate the manner in which it is ensured that medical care is accessible, under reasonable conditions, to all persons protected, as envisaged by Article 13 of Convention No. 130. With reference to Convention No. 121, the Committee once again requests the Government to provide information on the measures adopted or envisaged to explicitly provide in the relevant legislation for at least the medical care benefits enumerated in Article 10 of the Convention.

Article 16(1) of Convention No. 130. Provision of medical care throughout the contingency. The Committee notes the Government’s reply to its previous request concerning the duration of medical care for insured persons and their spouses and children, taking into account the limitation of 52 weeks set out in section 128 of the General Regulations of the Social Insurance Act. More specifically, the Committee notes the Government’s indication that, once this period has elapsed, the insured worker has to be reassessed to determine the state of incapacity, with a view to determining whether the temporary incapacity persists, whether it has ended, or whether it has become permanent, and that at all times the care and the worker’s income are maintained, in accordance with section 10 of the Social Insurance Act and section 128 of the General Regulations of the Social Insurance Act. The Committee also observes that, according to the information available on the website of the Venezuelan Social Insurance Institute (IVSS) referring to this legislation, in cases where the insured person in receipt of medical care for a long illness exhausts entitlement to medical care that person shall continue to receive such care on condition that there is a favourable medical opinion for that person’s recuperation. Recalling that Article 16(1) of the Convention requires the medical care, as specified in Article 10, to be provided also to the spouses and children of persons protected throughout the contingency, the Committee requests the Government to indicate the provisions of the national legislation which guarantee that all the children and spouses of insured workers shall receive the medical care required by the Convention for as long as necessary.

Articles 10 and 19, in conjunction with Article 5, and Articles 13 and 16(2) and (3) of Convention No. 130. Protected persons and legislation respecting medical care. The Committee notes the information provided by the Government in reply to its previous comments concerning Articles 10 and 19 of Convention No. 130, in conjunction with Article 5, on the protection of the spouses of salaried employees and their dependants, or 75 per cent of the economically active population and their dependants. The Committee also notes the information provided by the Government in reply to its previous requests concerning Articles 13 and 16(2) and (3) of the Convention on the need to provide copies of the laws and regulations specifying the medical care provided to persons protected, and regulating the practice of the continued provision of medical care in cases of sickness when the beneficiary is no longer in the category of persons protected.

Article 22, in conjunction with Article 1(h) of Convention No. 130, Articles 13, 14(2) and 18(1), in conjunction with Article 19 of Convention No. 121, and Articles 10, 17 and 23, in conjunction with Article 26 of Convention No. 128. Level of cash benefits. The Committee takes due note of the information provided by the Government on the level of cash sickness benefits (Convention No. 130) and employment injury benefits (Convention No. 121). With reference to the invalidity, old-age and survivors’ benefits envisaged in Convention No. 128, the Committee notes the information provided and requests the Government to provide information on the application of Articles 10, 17 and 23, in conjunction with Article 26, on the level of invalidity, old-age and survivors’ benefits for a standard beneficiary as determined by the Convention.

Articles 4, 7, 8 and 18, in conjunction with Article 1(e)(i) of Convention No. 121. The Committee notes the information provided by the Government in reply to its previous requests concerning Article 4 (coverage), Article 7 (conditions under which a commuting accident is considered to be an industrial accident), Article 8 (list of occupational diseases) and Article 18, in conjunction with Article 1(e)(i) (age of dependent children) of Convention No. 121.

Article 21 of Convention No. 121 and Article 29 of Convention No. 128. Review of the rates of cash benefits. Statistical data. In its previous comments, the Committee drew the Government’s attention to the need to provide the statistical data required by the report form to be able to assess the real impact of the readjustment of pensions and other long-term cash benefits, taking into account changes in the general level of earnings or fluctuations in the cost of living. The Committee once again requests the Government to provide the specific statistical data necessary to assess the application of Article 21 of Convention No. 121 and Article 29 of Convention No. 128.

Article 22(1)(d)(e) and (2) of Convention No. 121 and Article 32(1)(d)(e) and (2) of Convention No. 128. Reasons for the suspension of benefits. With reference to its previous comments on the need to amend section 160 of the General Regulations of the Social Insurance Act of 1989, as partially modified in 2012, under the terms of which the pension shall not be granted when the contingency (invalidity or partial incapacity) is due to a violation of the law or an offence against morals or decency, the Committee notes the Government’s indication that it intends to refer the amendment indicated previously formally for assessment through the normal channels and corresponding bodies. The Committee notes that the Government makes the same reply in relation to the need to provide that, when benefits are suspended, a proportion shall be provided to the dependants of the beneficiary. The Committee requests the Government to indicate any measures adopted or envisaged to bring the national legislation into conformity with the provisions respecting the suspension of benefits contained in Article 22 of Convention No. 121 and Article 32 of Convention No. 128.

Article 21(1), in conjunction with Article 1(h)(i) of Convention No. 128. Age of children for entitlement to cash benefits in the event of the death of the breadwinner. With regard to the need, as indicated in its previous comments, to amend section 33 of the Social Insurance Act to raise from 14 to 15 years the age up to which children shall be entitled to a survivors’ pension, the Committee notes the Government’s indication that the Committee’s comments will be taken into account when the Social Insurance Act is updated. The Committee firmly hopes that the appropriate measures will be taken, without further delay, to bring the legislation into conformity with the requirements of Article 21(1) of Convention No. 128 and requests the Government to provide information on any measures adopted or envisaged in this regard.

Article 38(2) and (3) of Convention No. 128. Agricultural sector. In its previous comments, the Committee requested the Government to report any increase in the number of employees in agriculture protected under the Convention. The Committee regrets to note that the Government has not provided this information and recalls that Article 38(2) of Convention No. 128 requires each Member which has made a declaration temporarily excluding from the application of the Convention employees in the agricultural sector to indicate in its reports on the application of the Convention any progress which may have been made in this respect or, where there is no change to report, furnish all the appropriate explanations, and that paragraph 3 sets out the requirement to increase the number of employees protected in the agricultural sector to the extent and with the speed that circumstances permit. The Committee once again requests the Government to indicate any increase in the number of employees in the agricultural sector protected by the Convention.

Articles 71(3) and 72(2) of Convention No. 102. General responsibility of the State for the due provision of benefits and for the proper administration of social security institutions and services. With reference to its previous comments on the transition to a reformed social security system based on sound principles of good governance and social dialogue, the Committee notes the Government’s indication concerning the holding in 2017 of a National Constituent Assembly, to which were invited all the sectors and social partners related to, affected or influenced by the legislative changes respecting each of the subjects covered. The Committee also notes the information provided by the Government on the difficulties encountered in maintaining the level of wages and the purchasing power of workers and their families, and the access of the population to essential goods and services during the current economic and social crisis aggravated by the economic and commercial blockade suffered by the country. The Committee further notes the allegations by the ASI in its observations that for the past four years the country has been beset by a large-scale and complex humanitarian emergency, which is compounded by the severe failings of the hospital and health system, giving rise to the need for international assistance and cooperation, as well as, among other matters, the abandonment of certain adult care centres, which became critical in 2019. The Committee also notes the ASI’s allegations on problems relating to good practices in the transparency, control and monitoring of the management of certain cash benefits and social programmes. The ASI emphasizes the urgency of giving effect to the LOSSS, the implementation of which would lead to an improvement in the quality of life as a central priority of social policy. Taking into account the information provided by the Government on the difficulties that are being experienced, the Committee requests it to make every effort to guarantee the provision of medical care and cash benefits to persons protected in the current context, in accordance with the provisions of Article 71(3) of Convention No. 102. The Committee requests the Government to inform it of any measures adopted or envisaged in this regard. The Committee also requests the Government to provide its comments on the ASI’s observations relating to the governance of social security institutions and services.

The Committee notes the observations received from the International Organisation of Employers (IOE) and the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) on 31 August 2017. It also notes the observations from the Confederation of Workers of Venezuela (CTV) received on 5 November 2019 and requests the Government to provide its reply to these observations.

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving the obligation to work as a punishment for expressing political opinions or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that persons sentenced to a penalty of deprivation of liberty of presidio or prisión are subject to an obligation to work (sections 12 and 15 of the Penal Code) and observed that the following provisions of the Penal Code provide for penalties of prisión, involving compulsory prison labour, for certain forms of behaviour, namely:

-offending or showing a lack of respect for the President of the Republic or for a number of public authorities (sections 147 and 148);
-public denigration of the National Assembly, the Supreme Court of Justice, etc. (section 149);
-offending the honour, reputation or prestige of a member of the National Assembly or a public servant, or of a judicial or a political body (sections 222 and 225); proof of the truth of the facts is not admitted (section 226); and
-defamation (sections 442 and 444).

Recalling that the Convention prohibits the imposition of work, including prison labour, as a punishment on persons who express political views, the Committee previously noted with deep concern the criminalization of social movements and the expression of political views. It requested the Government to provide information on the application in practice of the above-mentioned provisions, while ensuring that no one who, in a peaceful manner, expresses political views or opposes the established political, social or economic system can be sentenced to imprisonment, under the terms of which compulsory labour could be imposed.

The Committee notes the Government’s statement, in its report, that no one, and more particularly no business or union leader, has been condemned for peacefully protesting or expressing political views. It adds that there is no legislative provision imposing an obligation to work on convicted persons and that no complaint has been registered in that respect. Convicted persons can voluntarily participate in cultural, sport or socio-productive activities in order to facilitate their social reintegration once released. The Committee notes that the Government refers to several provisions of the Basic Prison Code (Official Gazette No. 6.207 of 28 December 2015), while highlighting that convicted persons can work in areas corresponding to their skills and receive a financial allowance in return for their work. The Government adds that prison labour is a means of social reintegration and is only mandatory when the convicted person intends to reduce the length of his or her custodial sentence and access alternative penalties to imprisonment (sections 60, 63, 65 and 67 of the Code). It notes, nevertheless, that the Government does not provide any information on the application in practice of sections 147 to 149, 222, 225, 226, 442 and 444 of the Penal Code. Furthermore, referring to its previous comments, it recalls that: (i) under the terms of the Basic Prison Code, work by convicted persons is a right but also a duty and, under section 64 of the Code, convicted persons who refuse work or who voluntarily perform it in an inappropriate manner, commit a very serious fault and are liable to the penalties established in the Code; and (ii) pursuant to sections 12 and 15 of the Penal Code referred to above, persons sentenced to a penalty of deprivation of liberty of presidio or prisión are subject to an obligation to work. The Committee also emphasizes that where the national legislation provides for the obligation to work for persons convicted to sentences of imprisonment, as is the case in the Bolivarian Republic of Venezuela for penalties of presidio and prisión, provisions of the legislation which lay down limits or restrictions on the exercise of certain civil rights or public freedoms, the violation of which may be punished by sentences of imprisonment, have an effect on the application of the Convention. Indeed, persons who do not comply with these limits could be convicted to a sentence of imprisonment and, as a consequence, be subjected to compulsory labour.

The Committee notes that, in its observations, the CTV expresses concern about the recurring cases of persecution for expressing political opinions, highlighting that there has been an increase in criminalization of social protests and expression of political opinions other than those of the governmental party, with the possibility of criminal sentences involving forced or compulsory labour. The CTV adds that there have been numerous cases of persecution of union leaders, some of whom have been prosecuted before military tribunals, and that recently several university rectors and lecturers have also been prosecuted for criticizing the Government. The CTV further refers to an investigation carried out by an NGO, which showed that, in 2018, 387 cases of violation of freedom of expression were registered and 24 persons were imprisoned for publishing, on social networks, opinions criticizing governmental actions or data showing the social, economic and political emergency in the country.

The Committee takes note of the adoption of the Constitutional Law against hatred, for peaceful coexistence and tolerance (Act No. 41.274 of 8 November 2017), and more particularly of section 20 which provides that “anyone who publicly or through any means suitable for public dissemination promotes, fosters or incites hatred, discrimination or violence against a person or a group of persons, by reason of their real or alleged membership to a determined social, ethnic, religious or political group … shall be punished by imprisonment for ten to 20 years.” It notes, that pursuant to section 21 of the Act, the real or supposed membership to a determined political group is an aggravated circumstance for the offence. The Committee notes that several bodies, such as the Inter-American Commission on Human Rights (IACHR), have expressed concern regarding the broad, vague and ambiguous nature of the terms mentioned under section 20 of the Act, and highlighted that the declarations issued by the Government indicate that it will be used to persecute the political opposition and criminalize expression of views opposed to the established political system (IACHR, Country report on Venezuela, Situation of human rights in Venezuela, December 2017).

The Committee notes that similar concerns were expressed on the above Act No 41.274 by the United Nations High Commissioner for Human Rights in her 2019 report on the situation of human rights in the Bolivarian Republic of Venezuela, who also highlights that successive laws and reforms have facilitated the criminalization of the opposition and of anyone critical of the Government through vague provisions, increased sanctions for acts that are guaranteed by the right of freedom of peaceful assembly and the use of military jurisdiction for civilians. The United Nations High Commissioner further indicates that neither the Office of the Attorney General nor the Ombudsman, nor the Government nor the police provide protection to victims and witnesses of human rights violations, and that the Attorney General has contributed to stigmatizing and discrediting members of the political opposition and those critical of the Government, in violation of the principle of presumption of innocence. Impunity has enabled the recurrence of human rights violations, emboldened perpetrators and side-lined victims (A/HRC/41/18, 9 October 2019, paragraphs 35, 36, 57, 77 and 80). The Committee notes that, in its Resolution adopted in October 2019, the United Nations Human Rights Council strongly condemns the widespread targeted repression and persecution on political grounds in the Bolivarian Republic of Venezuela and urges the Government to immediately release all political prisoners and all other persons arbitrarily deprived of their liberty. The Committee further notes that the United Nations Human Rights Council highlights that the Prosecutor of the International Criminal Court has decided to open a preliminary examination of the situation in the country to analyse crimes allegedly committed, since at least April 2017, in the context of demonstrations and related political unrest. It further notes that on 30 April 2020, several United Nations human rights experts indicated that they were alarmed at the increasing threats, attacks and charges against journalists as well as criminalization of human rights defenders since the state of health emergency which was declared on 13 March 2020 as a result of the global virus pandemic (OHCHR press release, 30 April 2020).

Lastly, the Committee notes the report of the ILO Commission of Inquiry appointed under article 26 of the Constitution of the International Labour Organisation to examine the 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), of which the ILO Governing Body took note at its 337th Session (GB 337/INS/8, October 2019). It notes more particularly that the ILO Commission of Inquiry observed with concern that: (i) serious criminal charges, criminalized under the Penal Code and the Basic Code of Military Justice, have been brought against employers’ leaders, trade unionists and members of employers’ organizations for the exercise of their activities, such as participation in protest activities, or expression of views on issues directly related to the defence of the interests of employers’ and workers’ organizations; and (ii) their trial by a military court which constitutes serious violations of the exercise of basic civil liberties, such as freedom of expression and freedom of assembly. The Committee notes that the criminal charges imposed as a result of actions carried out during activities of the employers’ and workers’ organizations, which were referred to by the ILO Commission of Inquiry include: causing panic and/or unrest among the population through the dissemination of false information, insulting the sentry and the armed forces, unlawful association, treason, terrorism, resistance and contempt for authority.

The Committee deplores the continued criminalization of social movements and expression of views opposed to the established political, social or economic system. The Committee strongly urges the Government to take the necessary measures, both in law and practice, to put an immediate end to any violation of the provisions of the Convention by ensuring that no one who, in a peaceful manner, expresses political views or opposes the established political, social or economic system can be sentenced to imprisonment, under the terms of which compulsory labour could be imposed. It requests the Government to provide information on the application in practice of the provisions of the Penal Code, the Basic Code of Military Justice and Act No. 41.274 referred to above, as well as detailed information on court decisions based thereon, with an indication of the facts that gave rise to the convictions and the nature of the sanctions imposed. Lastly, the Committee requests the Government to ensure the immediate release of any person convicted to a prison sentence entailing compulsory prison labour, for peacefully expressing political views or opposing the established political, social or economic system.

Article 3(2) of the Convention. Determination of hazardous types of work. In its previous comments, the Committee noted the table containing the list of activities considered to be hazardous or unhealthy and therefore prohibited for young persons under 18 years of age, in accordance with section 79 of the 1973 Regulations on occupational safety and health conditions.

The Committee notes, in the Government’s report, the clarification of the table regarding the list of activities considered to be hazardous for young persons under 18 years of age. The table of the industries and hazardous or unhealthy work is part of the 1973 Regulations. The Committee also notes that the technical standards for occupational safety and health proposed by the National Prevention Institute are subject to public consultation prior to their adoption and entry into force. These public consultations are open to both employees and employers. They take into account the contributions and proposals of the participants, such as the technical monitoring standard on the transport, manual lifting and transport of loads of 2016, which contains specific limits concerning protection for young workers.

The Committee proceeded with the examination of the application of the Convention on the basis of the observations received from the Confederation of Workers of Venezuela (CTV) on 11 December 2019; the Federation of University Teachers’ Associations of Venezuela (FAPUV) and the Independent Trade Union Alliance Confederation of Workers (CTASI) on 15 September 2020; and the FAPUV on 30 September 2020, as well as on the basis of the information at its disposal in 2019. The Committee requests the Government to reply to these observations.

Article 1 of the Convention. National policy, labour inspection and application of the Convention in practice. In its previous comments, the Committee requested the Government to provide information on the penalties imposed for infringements recorded by labour inspectors. It once again requested it to take the necessary steps as soon as possible to ensure that up-to-date statistics on the situation of children and young persons who are working in the country, particularly in hazardous work and the informal economy, are made available. The Committee also requested the Government to provide information on the national measures and policies adopted or contemplated to ensure that all children and young persons, including in the informal economy, benefit from the protection granted by the provisions of the Convention.

The Committee notes in the Government’s report that the supervisory units monitor the application of section 32 of the Basic Act on labour and workers, which lays down the prohibition of the engagement in labour of children under 14 years. Of a total of 18,141 inspections conducted between 2016 and 2018, two cases of child labour were detected, regarding adolescents working with their parents in agriculture. Given that corrective measures were implemented by the employers on those occasions, the Government did not initiate a procedure to impose penalties against them. In that regard, the Committee notes that, in its observations, the CTV expresses concern at the low number of cases of child labour detected which, in its views, does not reflect an appropriate enforcement of section 32 of the Basic Act on labour and workers by the Government.

The Committee notes that the national system of guidance for the comprehensive protection of children and young persons is made up of several action programmes in coordination with the national education system and the national health system, and also notes the national systems entitled “Missions” and “Great Missions”. It notes the inter-ministerial cooperation agreement signed in 2018, between the People’s Ministry for the Social Process of Labour and the Independent Institute of the National Committee for the Rights of Children and Adolescents, aimed at strengthening the monitoring of working conditions of adolescents under the age of 18. This agreement establishes a system of coordination among institutions based on a digital platform, in order to record data related on labour performed by young persons under 18 years.

The Committee notes the number of young persons registered during labour inspections between 2016 and 2018. In 2016, of the 10,076 inspections led, 2,139 cases of adolescents at work were detected (950 girls and 1,189 boys); in 2017, of the 14,691 inspections conducted, 1,879 cases of adolescents at work were detected (887 girls and 992 boys) and in 2018, of the 24,465 inspections conducted, 1,684 cases of adolescents at work were detected (721 girls and 963 boys). The Government underlines in its report that during inspections, no cases were identified of child or adolescent victims of the worst forms of child labour.

The Committee notes that, according to the Government, the children subjected to labour in the informal economy, specifically hawking in open-air markets, popular markets or other places of informal trade activities, are monitored through different programmes led by the Municipal Councils for Children’s and Young Persons’ Rights and by the Children’s and Young Persons’ Protection Councils. In addition, checks on the working conditions of self-employed workers have been incorporated by the People’s Ministry for the Social Process of Labour into the Comprehensive Programme for Agricultural Inspection. This Programme monitors the participation of children and young persons in the informal economy, including their working hours and the consequences of this type of work on their school attendance. According to the Government’s information, of the 446 inspections carried out in family agriculture, child labour does not exceed ten hours and does not interfere with their school attendance. The Committee however notes that, in their observations, the CTV, FAPUV and CTASI express concern about the lack of statistical information available on the number of children engaged in child labour in the informal economy, thus impeding an appropriate assessment of the magnitude of this phenomenon which is increasing, as well as of the implementation of the Convention. Furthermore, in FAPUV and CTASI’s views, child labour seriously interferes with the school attendance of children and young persons. In that regard, the Committee notes that, in its observations, the CTV highlights that, in 2018, the drop-out rate from school was estimated at 58 per cent and is still increasing. The Committee requests the Government to provide updated statistical information on the number of children and adolescents working in the country, including in hazardous work and the informal economy, and information on the number and nature of the infringements detected by labour inspectors, and the penalties imposed in this regard. The Committee also requests the Government to provide detailed information on the actions undertaken and results obtained within the framework of the various programmes, such as the programmes led by the Municipal Councils for Children’s and Young Persons’ Rights and the Children’s and Young Persons’ Protection Councils, which monitor the children involved in informal economy activities, and the action programmes in coordination with the national education system and the national health system, and the national systems entitled “Missions” and “Great Missions”, as well as on their impact on the school attendance and completion rates of children and young persons.

Article 3(3). Admission to hazardous work from the age of 16 years. In its previous comments, the Committee once again requested the Government to take the necessary measures as soon as possible to bring its national legislation into conformity with the Convention, ensuring that any exceptions to the prohibition on hazardous work authorized by the Act of 1998 concerning the protection of children and young persons, only apply to young persons between 16 and 18 years of age and only under the conditions laid down in Article 3(3) of the Convention.

The Committee notes that the Government once again highlights that its legislation prohibits all forms of hazardous work to children under 18 years. It also indicates that sections 78 and 89 of the 1999 Constitution of Venezuela and sections 18 and 96 of the Act of 1998 concerning the protection of children and young persons are in line with the 2012 Basic Act on labour and workers. In that regard, the Committee notes that, in CTV’s views, such provisions are not implemented in practice.

Furthermore, even though the Regulations on Occupational Health and Safety of 1973 prohibit hazardous or unhealthy activities to young persons under 18 years, the Committee once again emphasizes that under the terms of section 96 of the Act of 1998 concerning the protection of children and young persons, the national executive authority may determine minimum ages higher than 14 years for types of work that are hazardous or harmful to the health of young persons. Further, the Committee once again recalls that the employment of young persons between 16 and 18 years in hazardous work is only authorized subject to the application of strict conditions which ensure their protection and the provision of prior training and is never authorized for young persons under 16 years of age. The Committee once again requests that the Government take the necessary measures as soon as possible to bring its national legislation into conformity with the Convention, ensuring that any exceptions to the prohibition on hazardous work authorized by the Act of 1998 concerning the protection of children and young persons, only apply to young persons between 16 and 18 years of age and only under the conditions laid down in Article 3(3) of the Convention.

The Committee is raising other matters in a request addressed directly to the Government, which reiterates the content of its previous request adopted in 2019.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

The Committee notes the observations of the Confederation of Workers of Venezuela (CTV), received on 2 September 2015, and of the National Union of Workers of Venezuela (UNETE), received on 2 October 2015, and also the Government’s reply to the latter, received on 8 December 2015. The Committee also notes the joint observations sent by UNETE, the CTV, the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), which were received on 8 and 12 September 2016, and also the Government’s reply, received on 11 November 2016.

Articles 4 and 8 of the Convention. Formulating, implementing and periodically reviewing a coherent national policy on occupational safety and health and the working environment, and measures to give effect to the above-mentioned national policy in consultation with the most representative organizations of employers and workers concerned. In its previous comments, the Committee noted the Government’s indication that in 2014 round-table meetings were held on occupational safety and health (OSH) conditions in various sectors of the economy with the participation of representatives of the most representative organizations of workers and employers. The Committee notes the Government’s indication in its report that the “National policy on prevention, safety and health at work” is defined in the Basic Act on prevention, conditions of work and the working environment (LOPCYMAT) and reiterates the relevant legal provisions. The Committee notes with regret that the Government does not refer to periodic reviews of national policy or to the manner in which consultations are held, nor does it mention which workers’ and employers’ organizations have been consulted in this regard. The Committee therefore once again requests the Government to provide information on the content of its national OSH policy (beyond the provisions of LOPCYMAT). The Committee also requests the Government to provide specific information on the consultations held with the most representative employers’ and workers’ organizations concerned regarding the formulation, implementation and review of its national policy, as referred to in Article 4, and on the adoption of the measures referred to in Article 8.

Article 5(e). Protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the national OSH policy. In its previous comment, the Committee noted the repeated allegations of various workers’ organizations denouncing the unjustified dismissal of prevention delegates. The Committee also notes that both the CTV and UNETE in their respective observations, and UNETE, the CTV, the CGT and CODESA in their joint observations, reiterate these allegations. The Committee notes with deep regret that the Government does not provide any information on this matter. The Committee recalls that, as stated in paragraph 26 of its 2009 General Survey, ILO standards on occupational safety and health, the basic principle that workers and their representatives should be protected from victimization pursuant to Article 5(e) is one of the main elements to be included in the national policy, and is indicative of the central importance attributed to this principle. The Committee urges the Government to examine, together with the above-mentioned trade unions, the situation of all prevention delegates who have been the victims of harmful action and, in cases where they have been dismissed as a result of actions properly taken by them in conformity with the policy referred to by Article 4 of the Convention, to ensure that they are reinstated in their posts without loss of benefits. The Committee requests the Government to provide information in this respect.

Articles 6 and 15. Functions and responsibilities; coordination. The Committee notes the Government’s statement, in reply to its previous request, that the National Council for Occupational Safety and Health established pursuant to section 36 of the LOPCYMAT is not operational. The Committee requests the Government to provide information on its plans to implement section 36 of the LOPCYMAT with regard to making the above-mentioned Council operational. The Committee also requests the Government to provide information on the measures taken or envisaged to ensure the necessary coordination between the various authorities and bodies responsible for giving effect to the provisions of the Convention. The Committee further requests the Government to provide information on consultations regarding these measures held with the most representative organizations of employers and workers, and also the results thereof.

Article 7. Reviews, either overall or in respect of particular areas, carried out at appropriate intervals. In its previous comment, the Committee observed that the information provided by the Government on reviews already undertaken or being undertaken in specific sectors, as set out in Article 7 of the Convention, was of a general nature and did not enable it to assess whether these reviews gave effect to this Article of the Convention. The Committee notes the Government’s indication that industries carry out mandatory periodic reviews and report occupational diseases to the National Institute for Occupational Prevention, Health and Safety (INPSASEL), which compiles and standardizes this information, issues alerts and triggers the corresponding actions. The Government also communicates epidemiological bulletins for 2017 and part of 2018 containing statistical data disaggregated by sector on occupational diseases and accidents. However, the Committee notes that the Government does not indicate which problems it has been possible to identify as a result of the statistics or any effective methods developed to resolve them. The Committee requests the Government to provide specific, detailed information on the main problems identified as a result of the reviews carried out under Article 7 of the Convention, effective methods developed to resolve them, priorities of action taken or envisaged, and evaluation of the results obtained.

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

[The Government is asked to reply in full to the present comments in 2022.]

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Children at special risk. 1. Street children. In its previous comments, the Committee encouraged the Government to pursue its efforts to protect street children from the worst forms of child labour by adopting effective and coherent measures and subsequently evaluating their impact. It requested the Government to provide information on the number of children removed from the streets, rehabilitated and socially integrated in the context of the various programmes and plans of action that had been adopted.

The Committee notes, from the Government’s report, the “Children’s and Young People’s Lives” prevention project, carried out by the national system of guidance for the comprehensive protection of children and young persons. Its objective is to ensure the protection of the rights of the most vulnerable or socially excluded children. It offers training and vocational guidance activities, and educational services to ensure children's school attendance, health services and recreational services, such as the integration of these children into cultural, sports or ecological groups. Of a total of 7,180 beneficiaries, 598 children and young persons participated in the project in 2018.

The Committee also takes note of the Government's nationwide household protection programme (“Gran Misión Hogares de la Patria”), launched in 2014, through which 6 million children benefit from basic food and direct income distributed to their families, with a view to strengthening the economic power of those families, thus preventing the engagement of children in work. The Government emphasizes that this programme strengthens public policies for the comprehensive protection of families against social inequalities, and reinforces support measures for children, particularly through education (support for school fees and the strengthening of the quality of education), care services (the establishment of comprehensive diagnostic healthcare centres, through the “Barrio Adentro” programme), food provision, and through cultural activities.

Noting the measures taken by the Government, the Committee once again encourages it to pursue its efforts to protect street children from the worst forms of child labour. It once again requests the Government to provide information on the number of children removed from the streets, rehabilitated and socially integrated in the context of the various programmes and plans of action that have been adopted. To the extent possible, this information should be disaggregated by gender and age.

2. Indigenous and Afro-Venezuelan children. In its previous comments, the Committee noted that the United Nations Committee on the Rights of the Child remained concerned at the persistent challenges for indigenous and Afro-Venezuelan children in accessing quality education. It encouraged the Government to pursue its efforts to protect these children from the worst forms of child labour; and requested it to provide information on the results achieved in the context of the various projects of the National Committee on the Rights of Children and Young Persons (IDENNA).

The Committee notes the Government’s indication in its report that its difficult relations with various countries at the international level makes access to food supplies and medicines challenging, and increases the vulnerability of the indigenous populations.

The Committee notes that IDENNA continues to contribute to the Schipia Wachoini Communal Comprehensive Protection Centre (CCPI), as part of a protection programme for indigenous children in vulnerable situations. However, the Committee highlights the lack of information on the impact of the measures taken by the Government, and the absence of data on the situation of indigenous and Afro-Venezuelan children. Recalling once again that indigenous and Afro-Venezuelan children are often victims of various forms of exploitation and are at risk of becoming involved in the worst forms of child labour, the Committee once again encourages the Government to pursue its efforts to protect these children from the worst forms of child labour. It also requests the Government to provide detailed information on the results achieved in the context of the various IDENNA programmes.

Article 8. International cooperation. In its previous comments, the Committee noted that the Government had not supplied information on the measures taken as part of its collaboration with the MERCOSUR Human Rights Public Policies Institute (IPPDH) to develop the “International humanitarian cooperation project for migrants, stateless persons, refugees and victims of trafficking” (PCHI). The Committee requested the Government to provide information on the impact of measures taken to combat the trafficking and sexual exploitation of children.

The Committee notes that, according to the Government’s report, the National Office against Organized Crime and the Funding of Terrorism (ONCDOFT) is the body responsible for combating trafficking in persons through the development and implementation of public strategies against organized crime and the funding of terrorism. However, the Committee emphasizes that the Government has not provided information on the trafficking and sexual exploitation of children. The Committee once again requests the Government to provide information on the impact of the measures taken in the context of the PCHI to combat trafficking and sexual exploitation of children. It also requests the Government to provide information on cases of child victims of trafficking who have been repatriated to their countries of origin.

The Committee proceeded with the examination of the application of the Convention on the basis of the observations received from the Federation of University Teachers’ Associations of Venezuela (FAPUV) and the Independent Trade Union Alliance Confederation of Workers (CTASI) on 15 September 2020; the CTASI on 30 September 2020; and the FAPUV on 30 September 2020, as well as on the basis of the information at its disposal in 2019. The Committee requests the Government to reply to these observations.

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children; and penalties. In its previous comments, the Committee noted with concern the impunity which appeared to exist in Venezuela for the perpetrators of the crime of child trafficking. The Committee requested the Government to intensify its efforts to combat such impunity. It requested the Government to supply information on the number of convictions handed down and penalties imposed against the perpetrators of these crimes. It also requested it to provide information on the progress made regarding the adoption of the draft bill against trafficking in persons.

The Committee notes in the Government’s report the activities carried out by the National Office against Organized Crime and the Funding of Terrorism (ONCDOFT) relating to the prevention of trafficking in persons and smuggling of migrants. Several awareness-raising activities have been carried out in communities and public education institutions at the national level, as well as activities to disseminate information on organized crime and its risks.

The Committee notes that the draft bill against trafficking in persons has not yet been adopted. However, the Government states that sections 41 and 42 of the Act of 2012 against organized crime and the funding of terrorism strengthened the penalties for violations related to the sale and trafficking of children and young persons for forced labour or sexual exploitation, and the illegal transport of persons within and outside the country.

In addition, the Committee takes note of the statistics provided by ONCDOFT on judicial proceedings brought against the perpetrators of trafficking in persons between 2015 and 2018. In 2015, 24 persons were prosecuted (13 men and 11 women); in 2016, 46 persons were prosecuted (22 men and 24 women); in 2017, 32 persons were prosecuted (12 men and 20 women) and lastly, in 2018, 131 persons were prosecuted (63 men and 68 women). The Committee notes that the data provided does not indicate whether any of these prosecutions concern children under 18 years of age. The Committee requests the Government to continue to provide information on the adoption process of the draft bill against trafficking in persons. The Committee once again requests the Government to supply detailed information on the complaints filed, convictions handed down and penalties imposed under sections 41 and 42 of the Act against organized crime, indicating those cases involving victims below 18 years of age. As far as possible, this information should be disaggregated by age and gender.

Articles 3 and 7(2). Worst forms of child labour and effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in, and removing children from, the worst forms of child labour, and ensuring their rehabilitation and social integration. Trafficking and commercial sexual exploitation. In its previous comments, the Committee requested the Government to take effective measures to remove children from trafficking and sexual exploitation and ensure their rehabilitation and social integration. It requested the Government to provide information on the results achieved through the various plans which had been implemented and on the number of child victims of trafficking and sexual exploitation who had been the beneficiaries of these measures.

The Committee takes note, according to the Government’s report, that public servants have participated in a workshop on criminal investigations into cases of trafficking in persons, focused on the prevention of migrant trafficking and smuggling, early detection of potential victims, identification of traffickers, recording of information gathered, an appropriate criminal investigation process and the distinction between trafficking in persons and smuggling of migrants. A national network against organized crime and funding of terrorism has been developed by the Government, represented in each province of the country. This network is organized into 24 coordination units which carry out prevention activities and coordinate the various national competent entities regarding operations for the monitoring, repression and follow-up of crimes of trafficking in persons and migrant smuggling. In 2018, the Government also provided training and capacity-building for public servants at key border control locations. This training course, entitled “Border Trafficking Route”, focuses on preventive measures and the implementation of control mechanisms to combat trafficking in persons and smuggling of migrants, and on the identification of potential victims and support measures for them.

The Committee also notes that the Office of the Ombudsman, together with UNICEF, has renewed the national training plan on the rights of trafficking victims, especially women, children and young persons. The implementation of this plan falls within the mandate of the Office of the Ombudsman to promote, defend and monitor human rights, and involves the participation of all institutional bodies in the country devoted to the issue of trafficking in persons and smuggling of migrants.

Further, the Committee notes that under the national system of guidance for the comprehensive protection of children and young persons, within the framework of the 2015 Act on the protection of children and young persons (section 117), programmes are implemented for the rehabilitation of children and young persons who are victims of exploitation or abuse. Prevention programmes are also in place to prevent children and young persons from being subjected to such exploitive situations.

The Committee notes, from the Government’s report, the current revision by ONCDOFT of the protocol for assistance to victims of trafficking. While noting the various actions undertaken by the Government to combat trafficking and sexual exploitation for commercial purposes, the Committee once again expresses its regret at the lack of information provided by the Government on the results achieved by these programmes. The Committee once again requests the Government to provide information on the results achieved through the various plans that have been implemented and on the number of child victims of trafficking and sexual exploitation who have been the beneficiaries of these measures. The Committee also requests the government to supply information on the ONCDOFT protocol for assistance to victims of trafficking, once it has been revised.

Article 3(d). Children engaged in hazardous mining activities. The Committee notes that, in their observations, the FAPUV and CTASI express specific concerns about cases of children engaged in illegal mining activities in the state of Bolívar, in particular in “Arco Minero del Orinoco” (AMO), to which children from indigenous communities are particularly exposed. The Committee requests the Government to provide information on the effective and time-bound measures taken to prevent children from engaging in hazardous mining activities, to remove them from these activities and to provide them with rehabilitation services.

The Committee is raising other matters in a request addressed directly to the Government, which reiterates the content of its previous request adopted in 2019.

Comments adopted by the CEACR: Venezuela (Bolivarian Republic of)

Adopted by the CEACR in 2021

C001 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C022 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C026 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Adopted by the CEACR in 2020

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C045 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

B. Protection against particular risks

Maximum Weight Convention, 1967 (No. 127)

Occupational Cancer Convention, 1974 (No. 139)

C. Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Labour inspection: Convention No. 81

Labour administration: Convention No. 150

C081 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C095 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C102 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C153 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2020, published 109th ILC session (2021)

C155 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Comments adopted by the CEACR: Venezuela (Bolivarian Republic of)

Display the list by:

Adopted by the CEACR in 2021

C001 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C022 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C026 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Adopted by the CEACR in 2020

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C045 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

B. Protection against particular risks

Maximum Weight Convention, 1967 (No. 127)

Occupational Cancer Convention, 1974 (No. 139)

C. Protection in specific branches of activity

Underground Work (Women) Convention, 1935 (No. 45)

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Labour inspection: Convention No. 81

Labour administration: Convention No. 150

C081 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C095 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C102 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C153 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2020, published 109th ILC session (2021)

C155 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)