Observación (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

Convenio sobre la consulta tripartita (normas internacionales del trabajo), 1976 (núm. 144) - Venezuela (República Bolivariana de) (Ratificación : 1983)

The Committee notes the observations of the Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS), received on 11 February 2022, and those communicated by the Government in its report. It also notes the observations of the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP), received on 22 April 2022, and those communicated by the Government. The Committee further notes the observations of the Confederation of Workers of Venezuela (CTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV) and the Independent Trade Union Alliance Confederation of Workers (CTASI), which were communicated by the Government. The Committee also notes the observations of the National Union of State and Public Service Workers (UNETE), received on 5 September 2022. The Committee requests the Government to provide its response to the latter observations.

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

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

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

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

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

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

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

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

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

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