Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 117) sur la politique sociale (objectifs et normes de base), 1962 - Venezuela (République bolivarienne du) (Ratification: 1983)

The Committee notes the observations of the Confederation of Workers of Venezuela (CTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), the Independent Trade Union Alliance of Workers (CTASI), as well as those of the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP), received together with the Government’s report. 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 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 on the measures adopted in respect of food security, housing and health care, including access to medicines. The Government recalls the creation in 2004 of the People’s Ministry for Food (MINPPAL) to guarantee supply to the population and access to the food basket through the formulation, implementation, follow-up and assessment of policies for commerce, industry, merchandise and food distribution. The Government also reports that the Food Production and Distribution Company (PDVAL) has been affiliated to MINPPAL since July 2008, with a view to providing foodstuffs and basic products. Since 2016, the Local Supply and Production Committees (CLAPs) ensure the distribution and commercialization of food and products of prime necessity. The Government also refers to the holding of various fairs with the aim of ensuring that the population has access to animal and fish protein. With regard to housing, the Government again refers to the implementation since 2011 of the “Major Mission for Housing in Venezuela”, which aims to construct five million decent dwellings. In this connection, the Government reports that production at the PetroCasa enterprise has been relaunched, with a view to ensuring the supply of materials for the construction of new housing. Moreover, the modalities for access to financial resources of that Mission have been widened, in particular through credits (the “Manage your credit” programme) and new financial instruments (the “Invest, save and build your own home” programme). The Government also refers to the “New Neighbourhood, Tricolour Neighbourhood” mission, the goal of which is to provide decent housing for families in high risk or high vulnerability areas, through the rehabilitation or replacement of housing, in collaboration with communities. The Government reports that as of June 2022, a total of 4,100,000 dwellings had been delivered under the Major Mission and, through the New Neighbourhood, Tricolour Neighbourhood programme, 1,923,458 dwellings had been rehabilitated and 1,221,145 land titles had been granted. On another matter, the Committee notes the Government’s indication that access to health is ensured for the entire population via the 593 Areas of Integrated Community Health (ASIC). The Government also refers to the “Within the Neighbourhood Mission”, which provides medical care to low-income neighbourhoods. The Community Pharmacies were set up in 2019, with the goal of ensuring free access to medicines to all sectors of the population, in partnership with the Social Pharmacy Network “FarmaPatria”. The Community Pharmacies guarantee access to pharmaceuticals in a timely, effective and controlled manner, especially for persons suffering from chronic diseases. The Government adds that the Mobile Community Pharmacies programme brings medicines and basic necessities to municipalities and parishes and also promotes health prevention campaigns. In this connection, the Committee notes that the CBST-CCP, in its observations, indicates that COVID-19 vaccines have been administered to 95 per cent of the population of the country. Finally, the Government indicates that between 2018 and 2022 a total of 4,039 retirements and 1,629 pensions were granted. The Committee also notes the information provided by the CBST-CCP in respect of the clauses on paid social benefits included in collective agreements signed in the university, educational and petrol sectors by affiliated trade unions and federations.

Nevertheless, the Committee once again expresses deep concern regarding the worsening living conditions of the Venezuelan population, which the CTV, the FAPUV, the CTASI and the UNETE denounce in their observations. The workers’ organizations particularly criticize the social food programmes implemented by the Government for serious defects in terms of their planning, management and assessment. The CTV, the FAPUV and the CTASI indicate that the distribution of foodstuffs, carried out through the CLAPs, is not universal in coverage and they maintain that the quantities have been reduced so that they currently supply only 17 per cent of the nutritional requirements of the population. Equally, the UNETE denounces acts of corruption in the distribution of food. The CTV, the FAPUV, the CTASI and the UNETE stress that, as a result of the expropriation of the agri-food enterprises by the Government (these enterprises represented 80 per cent of national food production), they have been abandoned or have become non-operational. This has resulted in thousands of workers losing their jobs and has increased the food sector’s dependence on imports, which amount to 82 per cent of food in the country. In the same manner, the CTV, the FAPUV and the CTASI indicate that, according to a February 2020 report on food security by the World Food Programme (WFP), one in three Venezuelans is in a situation of food insecurity and needs humanitarian aid. According to the same report, approximately nine million Venezuelans have insufficient income to purchase the basic basket of goods. They add that, as a result of this, and due to the deficiencies of the CLAP food distribution, 60 per cent of the population have had to reduce the quantity of their meals, 24 per cent are in a situation of moderate food insecurity and 7.9 per cent are in a situation of serious food insecurity. The CTV, the FAPUV and the CTASI affirm that the situation of children is even more alarming, stating that, according to certain figures provided by Caritas in October 2020, a total of 73 per cent of children under five years of age were suffering from malnutrition.

Regarding access to health, the CTV, the FAPUV and the CTASI indicate that, according to the 2021 Global Health Security Index, Venezuela occupies the worst position in Latin America for health capacity and is ranked among the ten worst countries in the world. The CTV, the FAPUV, the CTASI and the UNETE all denounce the scarcity and high cost of medicines and the precarious conditions of work of health workers, especially in respect of safety and health, which were clearly shown and greatly worsened during the COVID-19 pandemic. The UNETE further denounces cases of persecutions, disappearances and assassinations of health workers.

The Committee also notes that the CTV, the FAPUV and the CTASI indicate that, as of 24 August 2021, the minimum wage was situated between US$0.5 and 0.6 per day, far below the minimum income considered as extreme poverty (US$1.90 per day). The worker organizations stress, referring to data from the National Survey of Living Conditions (ENCOVI) as a basis, that extreme poverty in Venezuela increased from 67.7 per cent to 76.6 per cent between 2019 and 2021. They point out that the situation was worsened by the COVID-19 pandemic. Furthermore, the UNETE denounces the wage cuts and less favourable work and contractual benefits for workers in the public administration. The CTV, the FAPUV and the CTASI also point to difficulties faced by regime opponents in gaining access to employment, as well as dismissals and other anti-trade union practices, including criminal prosecutions against trade union leaders in the public sector.

Finally, the Committee notes that the CTV, the FAPUV, the CTASI and the UNETE stress that the political, economic and social condition of the country has led to the exile of more than six million citizens, fleeing extreme poverty. They underline that this is the greatest human exodus in Latin America and the second greatest in the world. In this regard, the CTV, the FAPUV and the CTASI indicate that the International Organization for Migration (IOM) and the United Nations Agency for Refugees (UNHCR) estimated that, as of June 2020, there were 5,082,170 Venezuelan migrants, refugees and asylum seekers. The UNETE denounces the disintegration of many families as a consequence of this situation. The Committee refers to its comments regarding 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), in respect of the present Convention, and urges the Government to provide detailed and updated information in its next report on the application of the provisions of the Convention in practice, in particular with regard to the impact of the measures taken to improve the quality of life of the whole population. The Committee also requests the Government to indicate the manner in which such measures are guaranteed to take account of essential family needs, such as food and its nutritional value, housing, clothing and medical care, and access to medicines and education.

Part III. Migrant workers. The Committee notes that, in its concluding observations of 4 October 2022, the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) expressed concern regarding the situation of indigenous peoples living in border districts between Venezuela, Colombia and Brazil, who regularly cross the border for work. The CMW indicated in its observations that such indigenous migrant workers were especially vulnerable and in danger of abuse, forced labour, trafficking in persons and debt slavery. Indigenous migrant workers in the mining and agricultural sectors were particularly at risk. The CMW expressed special concern at the situation of the indigenous Yukpas, Wayuu, Warao, Pemones, Bari and Yanomami peoples (CMW/C/VEN/CO/1, paragraph 48). The Committee urges the Government to send detailed and updated information without delay on the measures adopted or envisaged with a view to guaranteeing the conditions of work of migrant workers obliged to live away from their homes, taking account of their normal family needs (Article 6). In particular, the Committee urgently requests the Government to provide information on the impact of these measures in respect of migrant workers coming from the Yukpas, Wayuu, Warao, Pemones, Bari and Yanomami indigenous peoples.

Part IV. Remuneration of workers. Advances on wages. For thirteen years, the Committee has been asking the Government to provide specific examples of court or administrative decisions that address the maximum amount and manner of repayment of advances on wages. The Committee observes that once again the Government has not provided the requested examples and restricts itself to referring once more to section 91 of the Constitution of the Bolivarian Republic of Venezuela and to section 103 of the Basic Act concerning labour and men and women workers (LOTTT) which establishes that wages cannot be seized. The Government also reiterates that, under section 154 of the LOTTT, “[…] 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 also reiterates 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 of their salaries. The Committee therefore expects that, in its next report, the Government will provide specific examples of court or administrative decisions that address the maximum amount and manner of repayment of advances on wages.

The Committee noted information supplied by the following States in an answer to a direct request: Romania.