Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

National extraction. The Committee notes the Government’s reiterated statement that all types of discrimination, including discrimination on the basis of national extraction, are prohibited by law. The Committee requests the Government to indicate whether there have been complaints of specific cases of discrimination based on this ground and to indicate the manner in which equality of treatment and opportunities is promoted irrespective of national extraction.

Sexual harassment. The Committee notes the Government’s indication that the Office of the Attorney-General of the Republic has indicated that, since the entry into force of the Basic Act on the Right of Women to a Life Free from Violence, 199,985 complaints have been received concerning gender violence: 34,410 in 2007, 70,015 in 2008 and 95,560 in 2009. The crimes most frequently denounced were physical, psychological and sexual violence, threats and harassment. The actions taken by the Office of the Attorney-General are intended to result in the punishment of those responsible and to provide guidance to the women concerned. The Government indicates that, according to the Comprehensive Family Directorate of the Office of the Attorney-General, the complaints gave rise to 95,166 actions (covering charges, cases set aside and dismissed). The work of providing guidance and assistance to victims is also undertaken by the Directorate for the Prevention and Action in Respect of Violence against Women of the Women’s Institute (INAMUJER). The Government also attaches statistical data on the types of violence denounced by women. The Committee nevertheless notes that the information provided does not provide a basis for an adequate assessment of the incidence of sexual harassment at work, nor the measures adopted in responses to it. The Committee, therefore, once again requests the Government to provide information on complaints of sexual harassment in the working environment and on steps taken to sensitize and train the administrative and judicial authorities on the concept of sexual harassment as described in the general observation of 2002, the outcome of the complaints made in this respect, and the measures adopted as a consequence, including the fines or other punitive measures imposed on employers who did not adopt preventive measures or apply the appropriate penalties in cases of sexual harassment by persons under their responsibility in accordance with section 59 of the Basic Act on the Right of Women to a Life Free from Violence. The Committee also requests the Government to indicate whether the Inter-institutional Plan for the Prevention of Gender Violence, to which reference was made in 2009, has been adopted and whether it envisages action to prevent and combat sexual harassment at work.

Article 2. National policy on equality for women. The Committee notes the Government’s indication that the Plan for Equality for Women 2009–13 focuses on the inclusion of women in socio-productive development and work. The main lines of the plan are wage parity in all sectors, the assurance of optimal conditions for decent and dignified work, and the promotion of social security covering women, among other matters. The Committee also notes the statistical information provided by the Government on employment conditions and the educational level, the level of employment in the formal and informal economies and employment by sector. While noting the information provided, the Committee observes that the information does not allow an assessment of the manner in which the principles of the Convention are applied in the country. The Committee requests the Government to provide a copy of the Equality Plan for Women 2009–13 and to supply information on its impact on the application of the Convention. The Committee also asks the Government to provide statistics and information disaggregated by sex, age, ethnic origin and employment sector.

HIV and AIDS. The Committee once again requests the Government to provide information on any complaints made concerning violations of the prohibition of requiring HIV testing to gain access to employment or during employment, and any administrative or court decisions on this subject.