Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Forced Labour Convention, 1930 (No. 29) - Venezuela (Bolivarian Republic of) (Ratification: 1944)

The Committee notes the Government’s report and the observations received on 23 August 2016 from the Independent Trade Union Alliance (ASI), on 31 August 2016 from the International Organisation of Employers (IOE) and the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), and on 12 October 2016 from the Confederation of Autonomous Trade Unions (CODESA), the Confederation of Workers of Venezuela (CTV), the General Confederation of Labour (CGT) and the National Union of Workers of Venezuela (UNETE). The Committee also notes the Government’s reply to these observations, received on 11 November 2016.

Articles 1(1), 2(1) and 25 of the Convention. Legislative framework to combat trafficking in persons. The Committee previously noted that several legislative texts contain provisions regarding trafficking in persons, and particularly the Basic Act of 2012 against organized crime and the funding of terrorism. It requested the Government to provide information on the judicial proceedings initiated and convictions in cases of trafficking, as well as on the measures taken to reinforce the resources available to the authorities to combat this crime.

The Committee notes the Government’s indication in its report that the competent institution to combat trafficking is henceforth the National Bureau to Combat Organized Crime and the Funding of Terrorism (ONCDOFT). This Bureau undertakes regular activities to reinforce strategies to prevent, neutralize and combat trafficking in persons and its links with organized crime. These activities are covered by the “Safe Homeland” plan, the objective of which is to reduce crime throughout the country. The Government adds that the ONCDOFT develops training programmes for officials of the judiciary, the prosecution services and the forces of order on the various types of trafficking in persons. This training is provided throughout the territory, and particularly in border regions. Tools have also been developed to improve procedures for identifying victims and the crime’s modus operandi. The Committee notes this information and encourages the Government to continue its awareness-raising and training activities for the various authorities involved in combating trafficking so as to ensure that these authorities are effectively in a position to identify situations of trafficking in persons and undertake adequate investigations.

However, the Committee notes with regret that the Government has still not provided information on any prosecutions launched and penalties imposed in cases of trafficking, either under the Basic Act of 2012 against organized crime and the funding of terrorism or other legal texts containing provisions criminalizing trafficking. The Committee notes that, in its concluding observations concerning the Bolivarian Republic of Venezuela, the Committee of the United Nations on the Elimination of Discrimination against Women (CEDAW) expressed concern at the prevalence of trafficking in women and girls, in particular in border areas, and about reports that women and girls are sexually exploited in tourist areas (CEDAW/C/VEN/CO/7-8 of 14 November 2014, paragraph 20). The Committee recalls that Article 25 of the Convention requires the imposition of adequate penalties on those exacting forced labour. The Committee therefore trusts that the Government will provide information on current prosecutions and court rulings in cases of trafficking in persons for both sexual exploitation and exploitation of their labour, with an indication of the provisions of the national legislation under which the penalties were applied.

Institutional framework. With regard to the adoption of a national plan of action, the Committee notes from the information available on the website of the Ministry of the People’s Authority for Internal Relations, Justice and Peace, that it has been holding discussions with the various institutions concerned with a view to drawing up the strategies to be set out in the National Plan to Combat Trafficking in Persons. The Plan is built around three priorities: prevention; investigation and penalties; and the protection of victims. The establishment of a presidential commission to combat trafficking in persons is also under examination. In view of the complexity of the phenomenon of trafficking in persons, the Committee hopes that the Government will take all necessary measures with a view to the rapid adoption of the National Plan to Combat Trafficking in Persons and the implementation of its three priority fields of action. Please provide information on the activities undertaken, results achieved and difficulties encountered in the implementation of the Plan. Moreover, in view of the fact that action to combat trafficking requires the intervention of many actors, the Committee hopes that a coordinating body will also be established.

Protection of victims. The Committee notes the Government’s indication that the National Coordinating Unit for the protection of victims, witnesses and other parties to legal action, in collaboration with victim care units, is responsible for ensuring adequate protection for victims as soon as they are identified. This protection includes medical, psychological and legal assistance, temporary accommodation, money for food and conditions of security. The Committee requests the Government to provide specific information on the number of victims who have benefited from assistance and the type of assistance provided.

Article 2(2)(d). Requisitioning of workers. The Committee notes that in their observations both the ASI and FEDECAMARAS and the IOE refer to the adoption of Resolution No. 9855 of 19 July 2016 establishing a special system of transitional labour of a compulsory and strategic nature for all work entities, both public and private, or of social and mixed ownership. This system has the objective of contributing to the recovery of production in the agro-food sector through the establishment of a mechanism for the temporary integration of men and women workers in entities identified by the Government as requiring special measures to increase their production. FEDECAMARAS and the IOE add that these entities may request a specific number of workers from public or private enterprises, which are required to make the requested workers available. It is therefore work that is not freely consented to by the worker. Workers are transferred from their jobs at the request of a third enterprise, which results in a modification of their conditions of work to which they are not able to give their consent. Moreover, this requisition measure has a financial impact on the enterprises concerned, as well as on their productivity. In the view of the ASI, through this Decision, the State is establishing a system of forced recruitment by removing workers from their stable and freely chosen employment relationship. The ASI recalls that it is the responsibility of the State to develop a sustainable employment policy through the training of workers.

The Committee notes the Government’s indication in its reply that the objective of the Decision is to support and facilitate the provision of services by workers who express their wish to work in an enterprise that forms part of the process of reinforcing and promoting the agro-food sector. The Government does not decide on the transfer of workers from one enterprise to another. In no case are workers obliged to go to workplaces if they do not wish to do so: on the contrary, the explicit expression of their desire to participate in this process is required.

The Committee notes that, in accordance with the preambular paragraphs of Decision No. 9855, this measure forms part of the duty of the State to guarantee the food sovereignty of the country and to promote and protect agro-food production with the aim of reinforcing national economic development with the active participation of the working class. The Decision makes it possible to transfer requisitioned workers for a renewable 60-day period. The Committee also observes that this Decision was adopted within the framework of Decree No. 2323, which in May 2016 declared the state of emergency and economic crisis that was subsequently extended in July, September and November 2016.

The Committee recalls that, under the terms of Article 2(2)(d) of the Convention, “any work or service exacted in cases of emergency” does not constitute forced labour. It has emphasized in this respect that the power to call up labour or impose compulsory labour in this context should be confined to genuine situations of emergency or cases of force majeure, that is a sudden unforeseen happening which endangers the existence or the well-being of the whole or part of the population, and therefore calls for instant countermeasures. Moreover, the duration and extent of compulsory service, as well as the purpose for which it is used, should be limited to what is strictly required by the exigencies of the situation. The Committee recalls that it is important to ensure that the power to call up workers remains within the limits indicated above so that such requisitioning is not transformed into the mobilization of labour for purposes of economic development, which is also prohibited by Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105). While noting that the system for the temporary integration of workers is intended to reinforce agro-food production to ensure food security, the Committee observes that the establishment of this system does not appear to respond to a sudden and unforeseen happening endangering the existence of the population. Noting the Government’s indication that workers cannot be transferred to an enterprise without their consent, the Committee requests the Government to take the necessary measures for the amendment of Resolution No. 9855 of 19 July 2016 establishing a special transitional system of labour so as to explicitly set out the voluntary nature of such transfers. Please also indicate the measures taken to ensure that in practice no pressure is exerted on workers to accept these transfers. In the absence of the explicit consent of workers laid down in the legislation, the Committee requests the Government to ensure, in the light of the above considerations, that any act authorizing the requisitioning of workers in cases of force majeure is confined within the strict limits authorized by the Convention.

Social work by public employees and the situation of Cuban doctors. The Committee notes that in its observations the ASI refers to two situations in which workers could be required to perform work under threat. The first concerns voluntary social work undertaken by public sector officials and employees to carry out solidarity work outside their working time. The ASI considers that there exist doubts about the voluntary nature of this work as pressure could be exerted by the authorities. The ASI also refers to the situation of Cuban doctors who come to work in the Bolivarian Republic of Venezuela within the framework of an agreement between the governments of the two countries. In the view of the ASI, the recruitment, conditions of work and isolation of these doctors raise questions to which the Government should provide a public response. The Committee requests the Government to provide information on these allegations.