Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Venezuela (Bolivarian Republic of) (Ratification: 1982)

The Committee notes the Government’s report and the discussion that took place in the Conference Committee on the Application of Standards in June 2005. It also notes the comments on the application of the Convention sent by the International Confederation of Free Trade Unions (ICFTU). The Committee observes that the Committee on Freedom of Association is hearing several cases against the Government of the Bolivarian Republic of Venezuela.

The Committee notes with regret that the high-level mission requested by the Conference Committee on the Application of Standards has not taken place and that it therefore has no mission report. The Committee notes that this mission is to take place in the very near future and hopes that it will address all the questions raised in this observation.

Amendment to the Basic Labour Act requested by the Committee

The Committee previously noted that a Bill to amend the Basic Labour Act took account of requests for amendment that it had made: (1) it deletes sections 408 and 409 (over-detailed enumeration of the mandatory functions and purposes of workers’ and employers’ organizations); (2) it reduces from ten to five years the required period of residence before a foreign worker may hold office in an executive body of a trade union organization; (3) it reduces from 100 to 40 the number of workers required to establish a trade union of independent workers; (4) it reduces from ten to four the number of employers required to establish an employers’ organization; and (5) it provides that the technical cooperation and logistical support of the electoral authority (National Electoral Council) for the organization of elections to executive bodies of trade unions shall be provided only where so requested by trade union organizations in accordance with the provisions of their statutes, and that elections held without the participation of the National Electoral Council and which comply with the statutes of the trade unions concerned shall have full legal effect once the corresponding reports are submitted to the appropriate labour inspectorate. The Committee notes that the authorities of the Ministry and the bodies of the legislative authority support the position set out in this provision of the Bill and that, in practice, trade union organizations have now held elections without the participation of the National Electoral Council.

The Committee also noted in its previous comments that the Bill provided that “in accordance with the constitutional principle of democratic changeover, the executive board of a trade union organization shall discharge its functions during the period established by the statutes of the organization, but in no case may a period in excess of three years be established”. The Committee noted from the report of the direct contacts mission (13-15 October 2004) that the Government had emphasized that re-election of trade union leaders raised no problems in practice, and had cited several examples. The Committee hoped that parliament would include in the Bill a provision expressly allowing the re-election of trade union leaders.

The Committee underlines that the Government has been referring to draft reforms for years and expresses the firm hope that the abovementioned Bill will be adopted in the near future.

Recognition of the executive committee of the
Confederation of Workers of Venezuela (CTV)

The Committee previously urged the Government to recognize at once the executive committee of the CTV, particularly as in the union elections of 2001 this confederation had a representation rate of 68.73 per cent. The Government indicated in an earlier report that the election process had been impugned in the National Electoral Council (a non-judicial body), and the Committee of Experts endorsed the view of the Committee on Freedom of Association that challenging the results of trade union elections should not have the effect of suspending their validity pending the outcome of the judicial proceedings.

The Committee notes the following statements made by the Government in its report:

(1)   by a resolution of 10 November 2004, published on 28 January 2005, the National Electoral Council declared the CTV electoral process null and void;

(2)   the Ministry of Labour, in good faith and without discrimination, included the CTV in various consultations and opportunities for dialogue, and the CTV representatives have thus attended a number of work sessions;

(3)   with regard to the CTV’s representation rate in 2001 of 68.73 per cent, it should be noted that many organizations left this confederation and that another confederation (UNT) was set up in 2003;

(4)   in 2004, the number of associations not affiliated to a confederation reached 33 per cent, the UNT maintaining 45 per cent of affiliations and the CTV, 22 per cent; and

(5)   in 2003, 25.1 per cent of collective conventions belong to the CTV and 74.4 per cent to the UNT.

The Committee points out that it is difficult to compare, as between the CTV and the UNT, the percentage of organizations with the percentage of collective agreement (more than 99 per cent), and it is difficult to draw conclusions because there appear to be contradictory data.

The Committee regrets that the National Electoral Council took so long in reaching a decision, which was taken in the last year of the term of office of the CTV’s executive committee, which meant that it was too late for any judicial action; and the fact that the Council is not a judicial body and, in the Committee’s view, it therefore lacks the authority to declare trade union elections null and void. In any event, the Committee regrets that in the last four years the Government has not recognized de jure the CTV, and as regards the next trade union elections, it shares the conclusions of the Conference Committee on the Application of Standards which read as follows:

The Committee underlined the importance of full respect for Article 3 of the Convention and that the public authorities should not interfere in the elections and activities of workers’ and employers’ organizations. It took note of the Government’s statements that recourse to the National Electoral Council was optional for occupational organizations and urged the Government to fully respect this commitment.

The Committee requests that the Government report on compliance with this principle at the next trade union elections. It expresses concern, in this connection, at the fact that in 2004 the National Electoral Council drafted rules for the election of national executive boards conferring on the Council a preponderant role in trade union elections.

Social dialogue with the social partners

In June 2005, the Conference Committee on the Application of Standards noted shortcomings in social dialogue observing that progress was needed. In its last observation, the Committee of Experts noted that, according to the report of the direct contacts mission (13-15 October 2004), despite the readiness for dialogue demonstrated unequivocally by the central and regional executive bodies of FEDECAMARAS (the sole – and highly representative – confederation of employers in the country) and the CTV executive committee, the Ministry of Labour had given no indication of wishing to promote or intensify bipartite or tripartite dialogue on a solid basis with these executive bodies; in practice, such dialogue had for years been virtually non-existent and took place only sporadically. The Committee expressed the view that strict criteria of representativeness were not respected in these sectoral dialogue forums and that the executive bodies of the central organizations, the CTV and FEDECAMARAS, were excluded from such forums and therefore suffered discrimination. The Committee further noted that, according to the report of the direct contacts mission, effective consultations between the Government and the executive bodies of the CTV and FEDECAMARAS on labour issues had been limited and had consequently been exceptional.

The Committee notes that in June 2005, the Conference Committee on the Application of Standards took note of a statement made by the Government representative to the effect that the Government includes FEDECAMARAS and the CTV in the framework of inclusive dialogue without exclusion of any social partners.

The Committee takes note of the Government’s comments in its report about meetings on various national and international labour issues, including draft legislative amendments, which were attended by the CTV and FEDECAMARAS, among others. It notes that, according to the Government, FEDECAMARAS has maintained contacts with a number of regional and national authorities, including at the highest level; that the Government refers to statements by the Vice-President of FEDECAMERAS to this effect, and states that it is willing to promote social dialogue at all levels and with all sectors (in one of the documents sent, the President of FEDECAMARAS states that “in FEDECAMARAS there are employers who believe that concrete agreements are not being reached; it is doubtless not easy, but we have follow-up on all the meetings”).

The Committee nevertheless notes that this inclusive process referred to by the Government should take full account of the representativeness of organizations. It observes that a number of ILO bodies have received complaints about the inadequacies of dialogue with the CTV and FEDECAMARAS. It points out that the fact that meetings are held does not necessarily ensure that there are meaningful consultations and agreements.

The Committee requests the Government to enhance dialogue with the most representative organizations and to keep it informed in this regard, sending copies of any agreements that are signed.

Comments of the ICFTU

In its comments, the ICFTU refers to a number of issues raised previously and objects to the policy of creating trade unions in many public enterprises to support the political process. According to the ICFTU, one practice is to compel public sector employees to leave the CTV and its federations and to join the UNT. According to the ICFTU, the Government signs most agreements in the public sector with federations that are sympathetic to the Government; in other sectors the authorities refuse to negotiate. The ICFTU also refers to acts of violence against trade unions and the prosecution of trade unionists. The Committee expresses its concern at these allegations and reminds the Government that the guarantees set out in the international labour Conventions, in particular those relating to freedom of association, can be effective only if civil rights are genuinely recognized and protected (see General Survey on freedom of association and collective bargaining, 1994, paragraph 43). The Committee accordingly asks the Government to give full effect to the requirements of the Convention.

Lastly, the Committee asks the Government to provide in its next report information on the various issues raised in this observation.