Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Venezuela (Bolivarian Republic of) (Ratification: 1971)

Article 1 of the Convention. Discrimination based on national extraction. The Committee notes the Government’s indication that there are no provisions which limit the exercise of the rights of citizens on the grounds of origin. It also notes that Venezuelans who acquired Venezuelan nationality as a result of naturalization are permitted to hold public office, a right which was previously reserved under the Constitution to Venezuelans by birth. The Committee requests the Government to provide information on any cases of discrimination on the grounds of national extraction in employment and occupation which have been referred to the competent bodies. Noting that, according to the Government’s report, the criterion of national extraction remains covered by the legislation in force but that this criteria is not expressly included in the Organic Labour Act, the Committee requests the Government to provide information on the manner in which equality of treatment and opportunity irrespective of national extraction is promoted in practice, in accordance with the Convention.

Sexual harassment. The Committee notes the Government’s indication that all regulations which advocate equality of opportunity and treatment also prohibit sexual harassment. It also notes the creation of courts of first instance responsible for dealing with cases of violence against women by the Supreme Court of Justice, under the Basic Act on the Right of Women to a Life Free of Violence. It also notes the creation of Criminal Defence Offices for Violence against Women by the Public Defence Office and the creation of 58 special public prosecutor’s offices competent to deal with cases of violence against women by the Office of the Public Prosecutor. The Committee requests the Government to provide information on the complaints of sexual harassment referred to the above bodies and the other competent bodies and their outcome, as well as on the fines imposed on any supervisory authorities in employment or education centres or establishments of any other kind which, despite being aware of acts of sexual harassment by persons for whom they are responsible, do not take appropriate action to remedy the situation and prevent its recurrence, in accordance with section 59 of the Basic Act on the Right of Women to a Life Free of Violence. Please also provide information on the adoption of the Institutional Plan for the Prevention of Gender-Based Violence and indicate whether the Plan includes measures to prevent and combat sexual harassment in the work environment.

Article 2. National policy on equality for women. The Committee notes the decision of the National Electoral Council of July 2008 requiring that men and women must be equally represented on electoral lists for the establishment of the country’s legislative councils. The Committee requests the Government to provide further information on the implementation of the Equality Plan for Women and its impact on the promotion of equality of opportunity for men and women. Please also provide statistical information on the employment situation of women and men and their distribution in the various occupations, jobs and economic sectors, in both the public and private sectors.

HIV/AIDS. Recalling that, in accordance with Ministry of Labour Decision No. 71 of 29 November 2002, HIV testing either as a requirement for admission to employment or during employment constitutes discrimination based on health and is a breach of the Constitution, the Committee once again requests the Government to provide information on the application of Decision No. 71 in practice, including information on any relevant administrative or judicial decisions regarding violations of the prohibition of HIV testing.