Rapport intérimaire - Rapport No. 353, Mars 2009

Cas no 2254 (Venezuela (République bolivarienne du)) - Date de la plainte: 17-MARS -03 - Actif

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INTRODUCTION
A. Previous examination of the case
C. The Committee’s conclusions
The Committee's recommendations

Allegations: Marginalization and exclusion of employers’ associations from the decision-making process, thereby excluding them from social dialogue, tripartism and consultations in general (particularly in relation to key legislation that directly affects employers) and failing to comply with the recommendations of the Committee on Freedom of Association; arrest and prosecution of Mr Carlos Fernández in retaliation for his activities as president of FEDECAMARAS; acts of discrimination and intimidation against employers’ leaders and their organizations; legislation at odds with civil liberties and the rights of employers’ organizations and their members; violent assault on the FEDECAMARAS headquarters by pro-government mobs, who caused damage and threatened employers; bomb attack on the FEDECAMARAS headquarters; acts of favouritism by the authorities with respect to non-independent employers’ organizations

1360. The Committee last examined this case at its June 2008 meeting and presented an interim report to the Governing Body [see 350th Report, paras 1589–1678, approved by the Governing Body at its 302nd Session (June 2008)].
1361. Subsequently, the Government sent new observations in communications dated 10 June and 17 October 2008.
1362. The Bolivarian Republic of Venezuela has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1363. At its June 2008 meeting, the Committee considered it necessary to draw the special attention of the Governing Body to this case due to the extreme seriousness and urgency of the matters dealt with herein and made the following recommendations on the matters still pending [see 350th Report, paras 4 and 1678]:
(a) The Committee again urges the Government to establish a national, high-level joint committee in the Bolivarian Republic of Venezuela with the assistance of the ILO, to examine each and every one of the allegations and issues in this case in order to resolve problems through direct dialogue. The Committee expects that the Government will not again postpone the adoption of the necessary measures and urges the Government to keep it informed in this regard.
(b) With regard to the allegations of violence and intimidation against employers’ organizations and their leaders, the Committee draws attention to the seriousness of the allegations made by the IOE and must express its profound concern. The Committee deplores that, months after the attacks and threats against the FEDECAMARAS headquarters and the considerable damage caused, the Government has not communicated any results in terms of identifying the names of the perpetrators of the attacks on the FEDECAMARAS headquarters, and that it indirectly casts doubt on the May and November 2007 and February 2008 attacks and has not clarified the alleged involvement of individuals or groups close to the regime.
(c) Given that the present situation is incompatible with the requirements of Convention No. 87, the Committee once again requests the Government to effectively ensure the security of the FEDECAMARAS headquarters and its leaders and to take measures to step up investigations into the bomb attack of 28 February 2008 at the FEDECAMARAS headquarters and if it has not been done to report the May and November 2007 attacks on the FEDECAMARAS headquarters to the competent authorities in order to establish the facts, prosecute those responsible and punish them severely, to ensure that such crimes are not repeated. The Committee urges the Government to keep it informed in this regard.
(d) With regard to the allegations of: violations of the private property of several employers’ leaders in the agricultural and livestock sector; victims of invasions; the confiscation of land or expropriation without fair compensation, frequently in spite of rulings made by the judicial authorities regarding the restitution of lands to their owners, the Committee once again requests the Government to respond precisely to the specific allegations made by the IOE, including those relating to the measures taken against employers’ leaders Mr Mario José Oropeza and Mr Luis Bernardo Meléndez, and the serious allegations regarding the abduction of three sugar producers in 2006 and the death of six producers following an assault.
(e) With regard to the alleged harassment of employers’ leaders through hostile speeches given by the President of the Republic in which he makes damaging remarks and disparages employers’ leaders, threatening to confiscate their property on supposed grounds of social interest, the Committee once again requests the Government to provide its observations in this regard without delay.
(f) Given the seriousness of the various allegations above, which show a climate of intimidation surrounding leaders of employers’ organizations and their members, the Committee stresses its concern and emphasizes that freedom of association can only be exercised in conditions in which fundamental rights are fully respected and guaranteed, and that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and that it is for governments to ensure that this principle is respected.
(g) The Committee once more recalls that the right of workers’ and employers’ organizations to express their opinions through the press or other social communication media is a fundamental element of freedom of association and that the authorities should abstain from unduly impeding its lawful exercise, and should fully guarantee freedom of expression in general and that of employers’ organizations. The Committee requests the Government to guarantee that this principle is respected, in particular with regard to the communications media used by FEDECAMARAS. The Committee also requests the Government to guarantee, through the existence of independent means of expression, the free flow of ideas, essential to the life and well-being of employers’ and workers’ organizations and to ensure that the authorities do not threaten or intimidate media enterprises.
(h) The Committee requests the Government to send information regarding the prohibition from leaving the country imposed on 15 employers’ leaders and to annul the arrest order against former FEDECAMARAS president Mr Carlos Fernández, so that he may return to the country without risk of reprisals.
(i) The Committee expects that a forum for social dialogue will be established in accordance with the principles of the ILO, having a tripartite composition which duly respects the representativeness of workers’ and employers’ organizations. The Committee requests the Government to keep it informed in this regard and invites it to request technical assistance from the ILO. The Committee also requests it again to convene the tripartite commission on minimum wages provided for in the Organic Labour Act.
(j) Observing that there are still no structured bodies for tripartite social dialogue, the Committee emphasizes once more the importance that should be attached to full and frank consultation taking place on any questions or proposed legislation affecting trade union rights and that it is essential that the introduction of draft legislation affecting collective bargaining or conditions of employment should be preceded by full and detailed consultations with the appropriate independent and most representative organizations of workers and employers. The Committee once again requests the Government to keep it informed with regard to any bipartite and tripartite consultations with FEDECAMARAS and any negotiations or agreements with this central organization or its regional structures and to transmit the corresponding texts. The Committee also requests the Government to ensure that any legislation adopted concerning labour, social and economic issues within the framework of the Enabling Act be subject to real, in-depth consultations with the independent and most representative employers’ and workers’ organizations, while attempting as far as possible to find shared solutions.
(k) The Committee must reiterate the recommendations made at its November 2007 meeting, and, in particular, its request for information from the IOE and its request for action from the Government with regard to examining directly, with FEDECAMARAS, mechanisms ensuring that “labour solvency” certification is granted in an impartial manner. The Committee requests the Government to keep it informed in this regard.
(l) The Committee notes the Government’s statement denying any interference in CONSEVEN, but observes that it has not responded in detail to the IOE’s allegations concerning the presence in CONSEVEN of two prominent government figures, who even have responsibility for customs and taxation and the preferential treatment given to the employers’ organization, FEDEINDUSTRIA, (privileges in obtaining foreign currency) by comparison with independent enterprises. The Committee requests the Government to send its observations on these allegations and reiterates the importance of ensuring that the Government adopts a neutral attitude when dealing with any workers’ or employers’ organizations, and to examine all the above areas of potential discrimination against employers or organizations belonging to FEDECAMARAS and to keep it informed in this regard, including with respect to the passage of the draft act on international cooperation, the final version of which it trusts will contain provisions on rapid action in the event of discrimination.
(m) With regard to the IOE’s allegations concerning social production enterprises, with privileges bestowed upon them by the State, the Committee once again invites the IOE to provide new information and clarification on these allegations, and requests the Government to ensure a neutral attitude in treatment of and relations with all employers’ organizations and their members.
(n) The Committee notes the allegations of the IOE that the recent organic act creating the Central Planning Commission severely restricts the rights of employers’ and workers’ organizations and requests the Government to respond to these allegations.
B. The Government’s new observations
1364. In its communication dated 10 June 2008, the Government declares with regard to the Venezuelan Federation of Chambers of Commerce and Manufacturers’ Associations (FEDECAMARAS) former president Ms Albis Muñoz that Control Court of First Instance No. 25 of the criminal judicial circuit of the Caracas metropolitan area, by means of a ruling of 20 February 2008, ordered the dismissal of the criminal proceedings instituted on the charge of civil rebellion, an offence penalized by section 143(2) of the Penal Code, pursuant to the decree having the rank, value and force of the Special Amnesty Act, published in the Special Official Gazette of the Bolivarian Republic of Venezuela No. 5870 of 31 December 2007.
1365. With regard to the attack on the FEDECAMARAS headquarters using a home-made explosive device, the Government states that a statutory investigation was duly launched and is currently in progress, under the responsibility of the Attorney-General’s Office. The case (No. 01F20000120-08), which is being dealt with by the 20th Prosecutor’s Office, under the responsibility of prosecutor Harrison González, and Control Court No. 34 of the Caracas metropolitan area, is currently in the investigation phase. Various persons have been interviewed and warrants for the arrest of citizens Mr Juan Montoya González and Mr Ivon Burgos have been issued and registered with the National Division for Arrests and Criminal Investigations, which has already undertaken a number of searches. The suspects are wanted on charges of criminal conspiracy and terrorism.
1366. In its communication dated 17 October 2008, the Government voices its dismay and concern at the change in the classification of the case from “active” to “serious and urgent” since it considers that there are insufficient grounds to justify such a classification by the Committee. The Government also states categorically that it has sent replies in due form which are sufficient to dismiss the complainants’ allegations and considers that its communications have not been given sufficient validity. It therefore repeats the content of its previous communications, especially those dated 14 September 2007 and 29 February, 3 March and 10 June 2008, and takes this opportunity to request that they be given the valuation they deserve.
1367. With regard to the allegations relating to the Confederation of Socialist Entrepreneurs and the Government’s supposed intervention in the constitution and sponsorship thereof, the Government reiterates that Venezuelan citizens have full freedom of association for legitimate purposes and the primary object of national institutions is to guarantee the full exercise of this right without distinction or restriction.
1368. The Government notes with great concern that the information it sent regarding “labour solvency” certification has not been handled with due consideration either. The procedure in question is one of the mechanisms used by the Venezuelan State to guarantee the effective application of workers’ human, labour and social rights. As regards labour solvency certification, processes and procedures have been made simpler and easier through computerization, and this constitutes a mechanism whereby the Venezuelan State is adjusting the functions of its institutions, protecting and guaranteeing the observance of labour and social rights by employers, particularly those who wish to conclude contracts with the State.
1369. With regard to the supposed violation of the freedom of expression and information by the withdrawal of the Canal 2, Radio Caracas Televisión (RCTV) licence, the Government states that administration of the radio frequency spectrum is a matter for the State and it therefore has the power – in accordance with legally established procedures and regulations – to decide whether or not to renew licences issued to individuals. It therefore requests that the allegation of state interference in the activities of the communication media be dismissed, since it is unacceptable for a link to be claimed between an administrative procedure and the exercise of such an important human right as freedom of expression, especially when the TV channel in question continues to offer its services on a subscription basis.
1370. The Government also sends information relating to: economic measures and policies; meetings held with various productive sectors; promotion and staging of business fairs; greater flexibility regarding foreign currency exchange; incentives and facilities for agriculture; and greater participation of the private sector; in order to add weight to its statements made above and to demonstrate its wish to promote and strengthen relations and communication with the various sectors involved in the sociological phenomenon of labour, from a broad and inclusive perspective. In particular, the Government has sent the following information from the press:
– Announcement of the allocation of funds for strategic producers:
Caracas, 11 June 2008. In a meeting this evening with some 500 national business leaders at the Hotel Alba, the President of the Republic, Hugo Chávez, invited the private sector of the economy to establish an alliance for constructing “our socialism”. …
Economic measures. The first of the measures announced by Chávez is the creation of a fund for strategic productive sectors to which 1,000 million dollars will be assigned for investment purposes, half in the remainder of 2008 and the rest in 2009. Accordingly, he called on the private sector to draw up projects for sectors downstream from production.
He went on to announce the abolition of the 1.5 per cent tax on financial transactions, in recognition of its inflationary nature. …
He also announced a new development in currency controls, whereby registered companies placing requests for up to 50,000 dollars would no longer be required to complete the formalities imposed by CADIVI.
The idea of this measure, he stressed, is to speed up imports of capital goods (plant, components, spare parts and supplies for production).
The President also referred to the revival of business fairs, which he considered to have fulfilled “a very important role in past years”. He also said that the Fábrica Adentro [literally: inside the factory] programme, already involving more than 1,000 companies, would be given a fresh boost and the special public procurement plan would be revived. A network of social production companies will also be formed and Chávez hopes that these will be connected with the private sector.
In agriculture, he described various initiatives to give stability to producers. Firstly, the “Secure Harvest” support plan involving increased agricultural subsidies; the fixing of a minimum reference price for soya and sunflowers; the “Zero Debt Plan” for writing off the debts of 25,149 small producers who had received resources from the Venezuelan Oil Corporation for the 2004 “Special Sowing Plan” for rice, maize and coffee and who had lost their capacity to pay; the drafting of a law on debt relief for producers facing difficulties in paying private or public banks; and the “Coffee Plan: Stage Two”, involving subsidies for primary producers but with no increase in prices for this commodity.
– Opinion of FEDECAMARAS president Luis Medina on the Government’s economic policies, in connection with the invitation issued by the President of the Republic to Venezuelan entrepreneurs to create a national strategic alliance for production:
In Anzoátegui state on 12 June 2008, FEDECAMARAS president Luis Medina described as positive the economic measures announced this Wednesday by the President of the Republic, Hugo Chávez, mentioning in particular the greater flexibility in currency exchange controls, the abolition of the tax on financial transactions and the creation of a 1,000 million dollar investment fund.
“We can only welcome such positive announcements from the President of the Republic because we are businessmen and want to strengthen national production,” said Medina.
In Anzoátegui the FEDECAMARAS president applauded the invitation of the Head of State, Hugo Chávez, to Venezuelan business leaders to create a national strategic alliance for production in order to tackle inflation, while suggesting the setting up of forums for dialogue with the productive sector in each region.
“Any one of these measures is beneficial and helps us all,” he concluded.
– Economic measures announced by the President of the Bolivarian Republic of Venezuela:
Hugo Chávez, President of Venezuela, announced new economic measures designed to turn Venezuela into a “medium-sized” power in the long term while seeking in the short term to reverse the stagnation in the economy and reduce inflation.
The meeting was attended by executive cabinet ministers, presidents of state companies and representatives of the private sector such as Lorenzo Mendoza from Empresas Polar, Oswaldo Cisneros from Digitel and Juan Carlos Escotet from Banesco, who the president referred to several times in his speech.
The measures announced to boost the Venezuelan economy can be summarized as follows:
Industrial policy
– Creation of a programme to boost industrial production with a development fund for productive sectors which will comprise 1,000 million dollars for new private sector investment projects, specifically in strategic sectors for the country such as foodstuffs, housing, energy and manufacturing.
– Revival of business and investment fairs.
– Fresh boost for the Fábrica Adentro programme in its third stage to form joint State-private sector enterprises.
– Revamping of the public procurement plan designed to call on the country’s means of production to supply the State’s needs in goods and services.
– Formation of networks of social capital enterprises to ensure connections with networks of private enterprises.
Agricultural policy
– In order to give stability and security to agricultural producers, the “Secure Harvest” support plan is being set up to increase subsidies which will guarantee producers the elimination of losses incurred before the harvest as a result of increases in production costs. A minimum reference price is also established for soya (Bs. 1.38 per kilo) and sunflowers (Bs. 2.10 per kilo) to improve the quality of life of more than 5,000 producers of these commodities.
– Zero debt. The debts of more than 25,000 small producers of maize, rice and coffee who received credits from FONDAFA are written off.
– Debt relief plan for producers facing difficulties paying private banks for agricultural credits through refinancing designed to increase national production.
– “Coffee Plan: Stage Two” increases subsidies to primary producers but without stopping price regulation in this category.
Currency exchange policy
– New developments are announced in currency controls. For requests for up to 50,000 dollars for the importation of capital goods or supplies, companies are released from the obligation to present documentation required by CADIVI for foreign currency so as to make the allocation of dollars to these categories more flexible and reduce response times to 48 hours for authorization of the request and 72 hours for payment.
Finally, President Hugo Chávez announced the abolition of the tax on financial transactions. He called for efficiency in investment and greater efforts to make savings and stop wastage. No measures were announced at the meeting for lowering interest rates.
– Announcements by the Executive Vice-President of the Republic, indicating his intention to maintain an open dialogue with agricultural producers:
On 16 October 2008, the Executive Vice-President, Ramón Carrizalez, gave assurances that there were plentiful supplies of all food categories in the country, after the meeting this Thursday with representatives of the food production sector at the Office of the Vice-President of the Republic.
Ramón Carrizalez emphasized the intention of maintaining an open dialogue with food producers and recalled the successes achieved throughout the year, “such as streamlining and abolishing certain procedures, improving access to foreign currency for imports and, above all, providing support for national production”.
As a strategy for ensuring adequate food supplies to the public, “a food reserve has been built up over recent months to cover contingencies,” he said.
He also emphasized the work of the Institute for the Protection of Access to Goods and Services (INDEPABIS) with regard to the monitoring and control of the whole food chain, ensuring that the end users, the consumers, have access to food.
Finally, he said that by focusing on the subject of food security “we want to give people peace of mind”.
The Government cuts duties on livestock imports by nearly 4 per cent
Gustavo Llamozas, representing the Venezuelan Meat Council (CONVECARNES) at the meeting, assured people that there were no supply shortages and in any case the problem reportedly affects only a few specific cuts of meat which are not “available in the volumes required by regulation, since they are not so profitable for retailers and there is probably a slight time lag in supplies.” He made it clear, however, that there was no discussion of any price increases at the meeting. He expressed his satisfaction and willingness to continue participating in this type of meeting at which the problems affecting the private sector are discussed openly. Gonzalo Azuaje, president of the Venezuelan Association of Industrial Meat Processing Plants and Abattoirs (ASOFRIGO), added that supply levels and the observance of price regulations were evaluated at the meeting. He put particular emphasis on the reduction in duties on imported animals in order to cover the production deficit in live animals for abattoirs. “We were informed today that the decree will be published tomorrow which cuts duties by nearly 4 per cent specifically for animals imported from Brazil.”
FEPORCINA and PDVAL guarantee ham supplies for the Christmas season and throughout the year
The president of the Venezuelan Pig Farming Association (FEPORCINA), Alberto Cudemus, gave assurances that “there is enough meat in the country, sufficient supplies of ham to cover not only the Christmas demand but also the future”. Cudemus pointed out that traditional ham is available in most supermarkets in the country and that the prices agreed with the National Government – between 14 and 16 bolívares fuertes per kilo – will be respected. “Shopkeepers are obliged to abide by these prices and FEPORCINA will work with INDEPABIS, the Ministry of Light Industry and the Ministry of Agriculture and Land to ensure that they do.”
He commented that agreements are being drawn up regarding presentation and prices with a number of establishments which want to have premium-category ham.
He explained that the National Executive, through the Venezuelan Food Production and Distribution Board (PDVAL) and the Agriculture Supply and Services Corporation (CASA), imported 2,000 tonnes of ham “and we have backed this decision so that the State can meet demand from a section of the public which requires this kind of service.”
He stressed that FEPORCINA is also making offers to the Government to sell to MERCAL and PDVAL as they have done with the private sector.
– Import duty exemptions announced in a meeting between the productive sectors and the National Executive:
On 16 October 2008, the president of the Venezuelan Association of Industrial Meat Processing Plants and Abattoirs (ASOFRIGO), Gonzalo Azuaje, said that the decree announcing a cut of nearly 4 per cent in duties on livestock imports would be published in the Official Gazette this Friday.
This information came out of a meeting between the productive sectors and the National Executive at the Office of the Vice-President of the Republic.
“Supply levels and observance of price regulations were evaluated at the meeting. Duty exemptions with regard to animals imported from other countries such as Brazil to cover the deficit in the supply of livestock for slaughter were also discussed,” he said.
He added that all sectors represented at the meeting will guarantee supplies in this category.
“Monthly imports total some 25,000 animals for slaughter in abattoirs across the country. Total national production amounts to between 80,000 and 100,000 animals, depending on the month,” Azuaje explained.
At the end of the meeting, the Vice-President of the Republic, Ramón Carrizalez, said that the country had sufficient supplies of meat (beef), ham and cereals.
– Declaration by the Venezuelan Federation of Craft, Micro, Small and Medium-sized Business Associations (FEDEINDUSTRIA) that the national economy is showing signs of systematic recovery:
17 October 2008. For the president of the Venezuelan Federation of Craft, Micro, Small and Medium-Sized Business Associations (FEDEINDUSTRIA), Miguel Pérez Abad, “the country is showing signs of a strong and sustained economic recovery, as observed in consumption and improvements to the quality of life. I believe it is a special time for productive investment on a national scale.” This statement was made by the employers’ representative at the end of a meeting held with Executive Vice-President Jorge Rodríguez Gómez to discuss the current economic climate and national economic revival, as well as plans and projects of importance to FEDEINDUSTRIA and other subjects of national and international interest.
Pérez Abad urged Venezuelan employers to move forward and “take a lot more risks than we are doing at present, because the Government is confirming its support for the economic and social growth of the country”.
He commented that Vice-President Rodríguez is backing this sector which is “so important for the country, giving us full political support and promoting venues for meetings between small and medium-sized enterprises”.
He also pointed out that the meeting included an evaluation of the setting up of the Russia-Venezuela Enterprise Council and that FEDEINDUSTRIA wished to give its support and participate in order to strengthen commercial and industrial relations and promote integration between the two countries.
With the aim of consolidating the foundations of the national business sector, he presented the Vice-President with the plans for setting up the Bank for Small and Medium-Sized Industry so that he could collaborate in the consolidation of this idea in the context of the country’s development.
Abad indicated that once the formalization of the plans had been finalized with the Banking Supervisory Commission, they aim to present the promotion phase for the new banking entity before the end of the year.
The FEDEINDUSTRIA president took the opportunity to invite the Vice-President to the 36th annual congress of the organization, which will take place in Caracas on 1 and 2 October.
Discussions at the congress will focus on the Bolivarian Alternative for the Peoples of America (ALBA) “which we call the ‘Alba Productiva’ [literally: productive dawn].” Abad requested support from the Government to invite Cuba, Bolivia and Nicaragua, which are signatories to the agreement.
“We’re going to discuss the vision of integration of Venezuelan business, in relation to Latin American integration,” he emphasized.
1371. Finally, the Government again underlines the need for a fair appraisal of the statements and documentary evidence which it has supplied, inasmuch as unequivocal credibility has been lent to the arguments put forward by the complainants, with absolute authenticity and legitimacy being credited to them, even though it is common knowledge that their actions were such as to undermine the institutionalism of the State founded on democracy, law and social justice.

C. The Committee’s conclusions

1372. The Committee observes that the allegations and matters pending in relation to the present case are as follows:
– violence and intimidation with respect to employers’ organizations and their leaders;
– violations of the private property rights of numerous employers’ leaders in the agriculture and livestock sector, including invasions, confiscations and expropriations of land without due compensation;
– harassment of employers’ leaders through hostile speeches made by the President of the Republic;
– warrant issued for the arrest of former FEDECAMARAS president Mr Carlos Fernández and ban on leaving the country imposed on 15 employers’ leaders;
– serious shortcomings in social dialogue;
– interference from the Government in promoting a Confederation of Socialist Entrepreneurs and preferential treatment for the employers’ organization FEDEINDUSTRIA; privileges granted by the State to social protection enterprises;
– recent Organic Labour Act for the creation of the Central Planning Commission which would restrict the rights of employers’ and workers’ organizations and draft act relating to international cooperation.
1373. The Committee notes the Government’s general statements in which, firstly, it expresses its deep concern at the decision to include the present case in the category of “serious and urgent” cases without sufficient grounds for doing so and, secondly, it points out that the statements and evidence furnished in previous replies were sufficient to dismiss the allegations and have not been given due validity, whereas the complainants’ arguments have been credited with absolute authenticity and legitimacy.
1374. The Committee wishes to draw the Government’s attention to the fact that the inclusion of a case in the category of “serious and urgent” cases is because the problems in question are ongoing (discrimination and harassment with regard to the most representative national employers’ organization and its representatives, the Government’s refusal to comply with the Committee’s main recommendations concerning social dialogue, violations of company law and the private property rights of employers’ leaders, violent assaults including a bomb attack on the FEDECAMARAS headquarters, etc.). As regards the Government’s claim that the Committee has not given due weight to its previous replies, lending authenticity and legitimacy to the complainants’ arguments, the Committee stresses that this claim is of a general nature and does not refer to any specific “valuation” by the Committee and emphasizes that the Government’s previous replies were duly transcribed and examined. Hence, the inclusion of the present case in the category of “serious and urgent” cases – something which, moreover, was decided upon by consensus – constitutes, in the Committee’s view, a response to the situation facing FEDECAMARAS and many of its member organizations.
Need for regular dialogue with the employers’organization FEDECAMARAS
1375. In its previous examinations of the case, the Committee urged the Government to establish a high-level joint national committee in the Bolivarian Republic of Venezuela with the assistance of the ILO, to examine each and every one of the allegations and issues presented to the Committee so that the problems could be solved through direct dialogue. The Committee trusted that the Government would not postpone the adoption of the necessary measures any further and urged the Government to keep it informed in this regard.
1376. The Committee notes with regret that the Government has again failed to adopt this recommendation. Furthermore, in its last examination of the case, the Committee also made the following recommendations:
– The Committee expects that a forum for social dialogue will be established in accordance with the principles of the ILO, having a tripartite composition which duly respects the representativeness of workers’ and employers’ organizations. The Committee requests the Government to keep it informed in this regard and invites it to request technical assistance from the ILO. The Committee also requests it again to convene the tripartite commission on minimum wages provided for in the Organic Labour Act.
– Observing that there are still no structured bodies for tripartite social dialogue, the Committee emphasizes once more the importance that should be attached to full and frank consultation taking place on any questions or proposed legislation affecting trade union rights and that it is essential that the introduction of draft legislation affecting collective bargaining or conditions of employment should be preceded by full and detailed consultations with the appropriate independent and most representative organizations of workers and employers. The Committee once again requests the Government to keep it informed with regard to any bipartite and tripartite consultations with FEDECAMARAS and any negotiations or agreements with this central organization or its regional structures and to transmit the corresponding texts. The Committee also requests the Government to ensure that any legislation adopted concerning labour, social and economic issues within the framework of the Enabling Act be subject to real, in-depth consultations with the independent and most representative employers’ and workers’ organizations, while attempting as far as possible to find shared solutions.
1377. The Committee notes with deep regret that on this point too the Government has still not established the national forum for dialogue which it had requested after noting the absence of structured bodies for social dialogue and has not convened the tripartite committee on minimum wages provided for in the Organic Labour Act.
1378. The Committee regrets the lack of cooperation on the part of the Government, repeats its previous conclusions and recommendations and urges it to put them into practice and to keep it informed in this respect.
1379. With regard to the Committee’s request to the Government to keep it informed of any bipartite or tripartite consultations held with FEDECAMARAS and any negotiations or agreement with this confederation or its regional structures and to send the corresponding texts, the Committee observes that the Government indicates in its communication of 17 October 2008 that it encloses information on: economic measures and policies; meetings held with various productive sectors; promotion and staging of business fairs; greater flexibility regarding foreign currency exchange; incentives and facilities for agriculture; and greater participation of the private sector, in order to add weight to its statements made above and to demonstrate its wish to promote and strengthen relations and communication with the various sectors involved in the sociological phenomenon of labour, from a broad and inclusive perspective. In particular, the Government sends information from the press relating to: (1) a meeting in June 2008 between the President of the Republic and some 500 national employers, at which he announced various economic measures such as the abolition of the 1.5 per cent tax on financial transactions, an exemption from the Commission of Foreign Exchange Administration (CADIVI) foreign exchange rules for companies whose requests for currency do not exceed 50,000 dollars, the revival of business fairs, initiatives for granting subsidies to agricultural producers or reducing their debts, etc.; (2) statements by a FEDECAMARAS regional president welcoming these measures and the setting up of a 1,000 million dollar investment fund, as well as the idea of creating forums for dialogue with the productive sector in each region; (3) statements by the Executive Vice-President of the Republic at a meeting with employers in the food sector, emphasizing the intention of maintaining an open dialogue with food producers, and by a representative of the Venezuelan Meat Council, stating his satisfaction and willingness to continue participating in such meetings where problems affecting the private sector are discussed openly; statements by the president of the Venezuelan Pig Farming Federation referring to discussions with the authorities and indicating that agreements are being drawn up regarding presentation and prices with a number of establishments (it is unclear whether these are public or private), and also referring to Government measures which he endorses and to offers which the Government is making. Moreover, a press article states that, following a meeting between the productive sectors and the National Executive at the Office of the Vice-President of the Republic, a decree was announced cutting duties on livestock imports by 4 per cent; the Government refers to a meeting between the Executive Vice-President of the Republic with FEDEINDUSTRIA involving discussions of FEDEINDUSTRIA plans and other subjects of national and international interest (economic situation and revival, etc.); the president of FEDEINDUSTRIA underlined the political support given to the sector by the Executive Vice-President and the promotion of venues for meetings between small and medium-sized enterprises.
1380. The Committee concludes that the Government’s dialogue with FEDEINDUSTRIA is satisfactory for this employers’ organization (a minority organization which does not belong to FEDECAMARAS) and that certain Government economic measures (greater flexibility in banking controls, abolition of the tax on financial transactions, creation of a 1,000 million dollar fund for investment) have been welcomed by the FEDECAMARAS president. However, the Committee emphasizes that the Government has only referred to meetings, discussions and agreements with the food and agriculture/livestock industries. The Committee observes, however, that the Government does not provide any information on social dialogue in other sectors or on the social dialogue with FEDECAMARAS, the most representative employers’ organization. The Committee points out that the fact that certain Government measures have been welcomed by FEDECAMARAS does not necessarily imply that they have been the subject of discussions with this organization.
1381. The Committee requests the Government to keep it informed with regard to social dialogue and any bipartite or tripartite consultations in sectors other than food and agriculture, and also with regard to social dialogue with FEDECAMARAS and its regional structures in connection with the various sectors of activity, the formulation of economic and social policy and the drafting of laws which affect the interests of the employers and their organizations. The Committee again requests the Government to ensure that any legislation concerning labour, social and economic issues adopted in the context of the Enabling Act be first subject to genuine, in-depth consultations with the most representative independent employers’ and workers’ organizations, while endeavouring to find shared solutions wherever possible.
Allegations of violence, intimidation and harassment with respect to employers’ organizations and their leaders
1382. The Committee refers to its previous recommendations:
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(b) With regard to the allegations of violence and intimidation against employers’ organizations and their leaders, the Committee draws attention to the seriousness of the allegations made by the IOE and must express its profound concern. The Committee deplores that, months after the attacks and threats against the FEDECAMARAS headquarters and the considerable damage caused, the Government has not communicated any results in terms of identifying the names of the perpetrators of the attacks on the FEDECAMARAS headquarters, and that it indirectly casts doubt on the May and November 2007 and February 2008 attacks and has not clarified the alleged involvement of individuals or groups close to the regime.
(c) Given that the present situation is incompatible with the requirements of Convention No. 87, the Committee once again requests the Government to effectively ensure the security of the FEDECAMARAS headquarters and its leaders and to take measures to step up investigations into the bomb attack of 28 February 2008 at the FEDECAMARAS headquarters and if it has not been done to report the May and November 2007 attacks on the FEDECAMARAS headquarters to the competent authorities in order to establish the facts, prosecute those responsible and punish them severely, to ensure that such crimes are not repeated. The Committee urges the Government to keep it informed in this regard.
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1383. The Committee notes the Government’s statement to the effect that, as regards the attack on the FEDECAMARAS headquarters using a home-made explosive device, a statutory investigation duly launched by the Attorney-General’s Office is currently in progress; the case is being dealt with by the 20th Prosecutor’s Office and Control Court No. 34 of the Caracas metropolitan area; the case is currently in the investigation phase; various persons have been interviewed and warrants for the arrest of citizens Mr Juan Montoya González and Mr Ivon Burgos have been issued and registered with the National Division for Arrests and Criminal Investigations, which has already undertaken a number of searches; the suspects are wanted on charges of criminal conspiracy and terrorism.
1384. The Committee understands that the two suspects wanted for the bomb attack on the FEDECAMARAS headquarters (28 February 2008) have still not been arrested, despite the time that has elapsed. The Committee expresses its deep concern at the fact that the case relating to this attack has still not been resolved. The Committee requests the Government to take measures to step up the investigations, to ensure that they are truly independent, clarify the facts, arrest the perpetrators and impose severe penalties on them to prevent any recurrence of such crimes. The Committee requests the Government also to step up the investigations into the attacks on the FEDECAMARAS headquarters which occurred in May and November 2007 and conclude these investigations as a matter of urgency. The Committee requests the Government to keep it informed in this respect. The Committee again deeply deplores these attacks and recalls that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence.
1385. The Committee regrets that the Government has not sent the information which it requested concerning other acts of violence against employers’ leaders and allegations of violations of the private property of employers’ leaders in the agriculture/livestock sector and repeats its previous recommendations, which were as follows:
With regard to the allegations of: violations of the private property of several employers’ leaders in the agricultural and livestock sector; victims of invasions; the confiscation of land or expropriation without fair compensation, frequently in spite of rulings made by the judicial authorities regarding the restitution of lands to their owners, the Committee once again requests the Government to respond precisely to the specific allegations made by the IOE, including those relating to the measures taken against employers’ leaders Mr Mario José Oropeza and Mr Luis Bernardo Meléndez, and the serious allegations regarding the abduction of three sugar producers in 2006 and the death of six producers following an assault.
1386. Furthermore, with regard to the alleged harassment of employers’ leaders through hostile speeches given by the President of the Republic in which he discredits and disparages employers’ leaders, threatening to confiscate their property on supposed grounds of social interest, the Committee once again requests the Government to provide its observations in this regard without delay.
1387. Finally, the Committee underlines the fact that all these alleged occurrences produce a climate of intimidation against the employers’ organizations and their leaders which is incompatible with the requirements of Convention No. 87.
Allegations regarding the application of the Labour Solvency Act
1388. The Committee notes the Government’s statements to the effect that: (1) the “labour solvency” declaration procedure is one of the mechanisms used by the Venezuelan State to guarantee the effective application of workers’ human, labour and social rights; (2) as regards labour solvency certification, processes and procedures have been made simpler and easier through computerization, and this constitutes a mechanism whereby the Venezuelan State is adjusting the functions of its institutions, protecting and guaranteeing the observance of labour and social rights by employers, particularly those who wish to conclude contracts with the State.
1389. The Committee underlines its approval of the existence of mechanisms for guaranteeing the observance of workers’ rights. However, the Committee stresses that the complainant has highlighted the risks of discrimination that can arise from the legislation in question, and it therefore requests the Government once again to examine directly with FEDECAMARAS how to ensure that the application of this legislation is accompanied by adequate guarantees of impartiality and avoids all forms of discrimination with respect to employers or their organizations that do not endorse the economic and social policy of the Government.
Allegations regarding restrictions on employers’ freedom of expression and information
1390. The Committee notes the Government’s statement that, with regard to the supposed violation of the freedom of expression and information by the withdrawal of the Canal 2, Radio Caracas Televisión (RCTV) licence, the administration of the radio frequency spectrum is a matter for the State and it therefore has the power – in accordance with legally established procedures and regulations – to decide whether or not to renew licences issued to individuals; it therefore requests that the allegation of state interference in the actual activities of the communication media be dismissed, since it is unacceptable for a link to be claimed between an administrative procedure and the exercise of such an important human right as freedom of expression, especially when the TV channel in question continues to offer its services on a subscription basis.
1391. The Committee wishes to recall that the above TV channel was critical of the Government’s policy and was frequently used by FEDECAMARAS representatives and the Committee therefore maintains its previous conclusions and recommendations.
Ban on leaving the country imposed on 15 employers’ leaders
1392. The Committee notes the Government’s statement that, with regard to former FEDECAMARAS president Ms Albis Muñoz, the Control Court of First Instance No. 25 of the criminal judicial circuit of the Caracas metropolitan area, by means of a ruling of 20 February 2008, ordered the dismissal of the criminal proceedings instituted on charges of civil rebellion, an offence penalized by section 143(2) of the Penal Code, pursuant to the decree having the rank, value and force of the Special Amnesty Act, published in the Special Official Gazette of the Bolivarian Republic of Venezuela No. 5870 of 31 December 2007.
1393. The Committee reminds the Government that it already stated in its previous replies that criminal charges against Ms Albis had been dropped by the judicial authority pursuant to the Special Amnesty Act. The Committee notes with interest that the dropping of the charges has taken effect in practice, according to the Government. The Committee reiterates its previous recommendation concerning restrictions on the freedom of movement of other employers’ leaders, as follows:
The Committee requests the Government to send information regarding the prohibition from leaving the country imposed on 15 employers’ leaders and to annul the arrest order against former FEDECAMARAS president Mr Carlos Fernández, so that he may return to the country without risk of reprisals.
Allegations of Government interference in the establishment of the Venezuelan Confederation of Socialist Entrepreneurs (CONSEVEN) and allegations
of favouritism towards organizations or enterprises supporting the regime
1394. The Committee previously made the following recommendations:
– The Committee notes the Government’s statement denying any interference in CONSEVEN but observes that it has not responded in detail to the IOE’s allegations concerning the presence in CONSEVEN of two prominent government figures, who even have responsibility for customs and taxation, and the preferential treatment given to the employers’ organization FEDEINDUSTRIA (privileges in obtaining foreign currency) by comparison with independent enterprises. The Committee requests the Government to send its observations on these allegations and reiterates the importance of ensuring that the Government adopts a neutral attitude when dealing with any workers’ or employers’ organizations, and to examine all the above areas of potential discrimination against employers or organizations belonging to FEDECAMARAS and to keep it informed in this regard, including with respect to the passage of the draft act on international cooperation, the final version of which it trusts will contain provisions on rapid action in the event of discrimination.
– With regard to the IOE’s allegations concerning social production enterprises, with privileges bestowed upon them by the State, the Committee once again invites the IOE to provide new information and clarification on these allegations, and requests the Government to ensure a neutral attitude in treatment of and relations with all employers’ organizations and their members.
– The Committee notes the allegations of the IOE that the recent organic act creating the Central Planning Commission severely restricts the rights of employers’ and workers’ organizations and requests the Government to respond to these allegations.
1395. The Committee notes that, with regard to the allegations relating to CONSEVEN and the Government’s supposed intervention in the constitution and sponsorship thereof, the Government reiterates that Venezuelan citizens have full freedom of association for legitimate purposes and the primary object of national institutions is to guarantee the full exercise of this right without distinction or restriction. The Committee notes with regret that the Government has merely made a statement regarding one of the allegations but has not replied to the issues raised by the complainants.
1396. The Committee therefore repeats its previous recommendations and requests the Government to supply detailed and accurate information. The Committee again requests the International Organisation of Employers (IOE) to send the information which it had requested relating to the allegations regarding social production enterprises. The Committee considers that the provision of this information is critical if it is to pursue examination of this aspect of the case.
1397. Finally, in view of the lack of information from the Government, the Committee again requests the Government to reply to the allegations of the IOE to the effect that the recent Organic Labour Act on the establishment of the Central Planning Commission severely restricts the rights of employers’ and workers’ organizations and requests the Government to reply to these allegations.

The Committee's recommendations

1398. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
- (a) Deeply deploring that the Government has ignored its recommendations, the Committee urges the Government to establish a high-level joint national committee in the country with the assistance of the ILO, to examine each and every one of the allegations and issues in this case so that the problems can be solved through direct dialogue. The Committee trusts that the Government will not postpone the adoption of the necessary measures any further and urges the Government to keep it informed in this regard.
- (b) The Committee expects that a forum for social dialogue will be established in accordance with the principles of the ILO, having a tripartite composition which duly respects the representativeness of workers’ and employers’ organizations. The Committee requests the Government to keep it informed in this regard and invites it to request technical assistance from the ILO. The Committee also requests it once again to convene the tripartite commission on minimum wages provided for in the Organic Labour Act.
- (c) Observing that there are still no structured bodies for tripartite social dialogue, the Committee emphasizes once more the importance that should be attached to full and frank consultation taking place on any questions or proposed legislation affecting trade union rights and that it is essential that the introduction of draft legislation affecting collective bargaining or conditions of employment should be preceded by detailed consultations with the most representative independent workers’ and employers’ organizations. The Committee once again requests the Government to ensure that any legislation concerning labour, social and economic issues adopted in the context of the Enabling Act be first subject to genuine, in-depth consultations with the most representative independent employers’ and workers’ organizations, while endeavouring to find shared solutions wherever possible.
- (d) The Committee requests the Government to keep it informed with regard to social dialogue and any bipartite or tripartite consultations in sectors other than food and agriculture, and also with regard to social dialogue with FEDECAMARAS and its regional structures in connection with the various sectors of activity, the formulation of economic and social policy and the drafting of laws which affect the interests of the employers and their organizations.
- (e) The Committee understands that the two suspects wanted for the bomb attack on the FEDECAMARAS headquarters (28 February 2008) have still not been arrested despite the time that has elapsed. The Committee expresses its deep concern at the fact that the case relating to this attack has still not been resolved. The Committee requests the Government to take measures to step up the investigations, ensure that they are independent, clarify the facts, arrest the perpetrators and impose severe penalties on them to prevent any recurrence of such crimes. The Committee requests the Government also to step up the investigations into the attacks on the FEDECAMARAS headquarters which occurred in May and November 2007, and conclude those investigations as a matter of urgency. The Committee requests the Government to keep it informed in this respect. The Committee again deeply deplores these attacks and recalls that the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence.
- (f) The Committee regrets that the Government has not sent the information which it requested concerning other acts of violence against employers’ leaders and allegations of violations of the private property of employers’ leaders in the agriculture/livestock sector and repeats its previous recommendations, as follows:
  - With regard to the allegations of: violations of the private property of several employers’ leaders in the agricultural and livestock sector; victims of invasions; the confiscation of land or expropriation without fair compensation, frequently in spite of rulings made by the judicial authorities regarding the restitution of lands to their owners, the Committee once again requests the Government to respond precisely to the specific allegations made by the IOE, including those relating to the measures taken against employers’ leaders Mr Mario José Oropeza and Mr Luis Bernardo Meléndez, and the serious allegations regarding the abduction of three sugar producers in 2006 and the death of six producers following an assault.
- (g) Furthermore, with regard to the alleged harassment of employers’ leaders through hostile speeches given by the President of the Republic in which he discredits and disparages employers’ leaders, threatening to confiscate their property on supposed grounds of social interest, the Committee once again requests the Government to provide its observations in this regard without delay.
- (h) The Committee once again requests the Government to examine directly with FEDECAMARAS how to ensure that the application of legislation relating to “labour solvency” is accompanied by adequate guarantees of impartiality and avoids all forms of discrimination with respect to employers or their organizations that do not endorse the economic and social policy of the Government.
- (i) The Committee once again requests the Government to send information regarding the ban on leaving the country imposed on 15 employers’ leaders and to revoke the warrant for the arrest of former FEDECAMARAS president Mr Carlos Fernández, so that he may return to the country without risk of reprisals.
- (j) The Committee notes the Government’s statements denying any interference in the CONSEVEN but observes that those statements do not respond in detail to the allegations made by the IOE concerning the presence in the CONSEVEN of two prominent government figures, who even have responsibility for customs and taxation, and the preferential treatment given to the employers’ organization FEDEINDUSTRIA (privileges in obtaining foreign currency) by comparison with independent enterprises. The Committee once again requests the Government to send precise and detailed observations on these allegations and reiterates the importance of the adoption by the Government of a neutral attitude when dealing with any workers’ or employers’ organizations, and to examine all the above areas of potential discrimination against employers or organizations belonging to FEDECAMARAS and to keep it informed in this regard, including with respect to the adoption of the draft act on international cooperation, the final version of which it trusts will contain provisions on rapid action in the event of discrimination.
- (k) With regard to the IOE’s allegations concerning social production enterprises, with privileges granted to them by the State, the Committee once again invites the IOE to provide new information and clarification with respect to these allegations. The Committee considers that the provision of this information is critical if it is to pursue examination of this aspect of the case and requests the Government to ensure that it adopts a neutral attitude in its treatment of and relations with all employers’ organizations and their members.
- (l) The Committee notes the IOE’s allegations to the effect that the recent Organic Labour Act establishing the Central Planning Commission severely restricts the rights of employers’ and workers’ organizations and again requests the Government to respond to these allegations.
- (m) The Committee draws the Governing Body’s attention to this case due to the extreme seriousness and urgency of the matters raised therein.