Observación (CEACR) - Adopción: 2018, Publicación: 108ª reunión CIT (2019)

Convenio sobre política social (normas y objetivos básicos), 1962 (núm. 117) - Venezuela (República Bolivariana de) (Ratificación : 1983)

The Committee notes the observations made by the National Union of Workers of Venezuela (UNETE), the Confederation of Workers of Venezuela (CTV), the General Confederation of Workers (CGT) and the Confederation of Autonomous Trade Unions (CODESA), received on 26 September 2018. The Committee also notes the observations of the Independent Trade Union Alliance Confederation of Workers (CTASI), received on 29 August 2018. The Committee requests the Government to provide its comments in this respect.

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the information provided by the Government in response to its previous comments regarding the series of social programmes adopted with a view to bolstering the Missions and Major Missions to improve the quality of life of the population. Among other measures, the Government refers to the transformation in June 2018 of the Youth Employment Plan into the Major Youth Employment Mission, which targets young people between the ages of 15 and 35 years, especially unemployed graduates, persons without education, single mothers, persons with family responsibilities and vulnerable persons. This Major Mission aims, inter alia, to integrate young people into productive work in areas associated with meeting human needs, and to train and qualify young people in occupations that produce goods and services for which there is a high social demand. The Government reports that 1,100,000 young people were enrolled in the Major Mission in August 2018. In June 2017, the “We are Venezuela” movement was established, comprising mainly young people who visit homes with a view to assisting vulnerable families in order to strengthen social policies. In 2016, Local Supply and Production Committees (CLAP) were established and there are now more than 32,000 committees throughout the country responsible for distributing essential goods (food and sanitation products) to more than 6 million families. The Government also reports the introduction of the Carnet de la Patria identity card, an innovative social protection system, through which the beneficiaries of the various social programmes are registered with a view to streamlining the implementation of those programmes, and in which 16,595,140 people are registered. The Government also refers to the Major Mission for Households in the Motherland, which aims to end extreme poverty in the country, the rate of which, according to the Government, is currently 4.4 per cent. This Mission covers more than 1,300,000 vulnerable families and aims to reach 2 million households. The Government also indicates that, since its establishment in 2011, the Major Mission for Housing in Venezuela has built 1,926,448 homes and aims to build a further 3 million by 2019.

The Committee expresses deep concern regarding the serious situation in the country, denounced by the CTASI in its observations, particularly the lack of access to essential goods, which has led to an increase in migration to other countries in the region and a number of protests, as well as increased violence and crime associated with a lack of food (looting, robbery, black market sales, smuggling, threats to those responsible for food distribution, etc.). The CTASI indicates that income poverty increased in the country from 81.8 per cent in 2016 to 87 per cent in 2017. Furthermore, it asserts that the Venezuelan food system assessment, initiated in 2017, has been characterized by a sustained reduction in national production, imports and food consumption, thus increasing the alarming levels of acute malnutrition in the population. The CTASI alleges that women and girls are the worst affected and cases of sex being exchanged for boxes of food from the CLAP have been reported. The CTASI also states that several regulations have been adopted with a view to controlling food production and distribution in the country, most notably the approval in January 2018 of the Act establishing Local Supply and Production Committees. In this regard, it reports irregularities in food distribution by CLAPs, such as their insufficient frequency and geographical coverage, their failure to take into account the criterion of household vulnerability, discrimination in access to food on the grounds of political affiliation and cases of poisoning as a consequence of rotten food. The Committee notes with concern the assertion by UNETE, CTV, CODESA and CGT that the Carnet de la Patria identity card is a social control mechanism. They assert that, with promises of bank deposits, food vouchers, toys and other benefits, the Government uses the Carnet de la Patria identity card and the “We are Venezuela” movement to mobilize voters during elections. They also allege that the Government uses food scarcity to maintain total control over voters and sometimes delivers boxes of food through the CLAPs for electoral purposes. Regarding the programmes implemented, they indicate that the Major Youth Employment Mission does not guarantee young people access to stable and decent work, but rather to short-term “gigs” and that, according to a report by the Office of the Comptroller General of the Republic, school food programmes are hampered by planning, supervision and internal control issues. The Committee refers to its comments on the application of the Employment Policy Convention, 1964 (No. 122), the Paid Educational Leave Convention, 1974 (No. 140), and the Human Resources Development Convention, 1975 (No. 142), which are related to the present Convention, and requests the Government to provide detailed and updated information in its next report on the Convention in relation to the impact of the measures implemented on improving standards of living for the whole population. The Committee also requests the Government to indicate how it guarantees that these measures take into account such essential family needs as food and its nutritive value, housing, clothing, medical care, including access to medicines, and education.

Part IV. Remuneration of workers. Advances on wages. In its previous comments, the Committee requested the Government to provide rulings by courts of justice or updated copies of administrative decisions addressing the maximum amount and manner of the repayment of advances on wages that give effect to Article 12(2) and (3) of the Convention. The Committee notes that the Government refers in its report to article 91 of the Constitution of the Bolivarian Republic of Venezuela and section 103 of the Basic Act concerning labour and men and women workers (LOTTT), which establishes that wages cannot be seized. The Government reiterates that, under the provisions of section 154 of the LOTTT “throughout the employment relationship, the debts that men and women workers agree with their employer shall only be repayable, on a weekly or monthly basis, in amounts that may not exceed one third of the equivalent of a week or month of work, as appropriate”. The Government indicates that the decisions of the competent administrative authorities are based on the provisions of the aforementioned section. The Government adds that debts are repaid, but not advances on social benefits granted to cover the basic needs of housing, education and health, which can reach up to 75 per cent. The Committee observes, however, that the Government does not provide specific examples of rulings by courts of justice or administrative decisions addressing the maximum amount and manner of repayment of advances on wages. The Committee once again requests the Government to provide specific and recent examples of rulings by courts of justice or administrative decisions addressing the maximum amount and manner of repayment of advances on wages, in accordance with the requirements of Article 12 of the Convention.