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

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

Article 1(1)(a) of the Convention. Legislation. In its previous comments, the Committee noted that the Basic Act concerning labour and men and women workers (LOTTT) of 7 May 2012 does not include national extraction and colour as prohibited grounds of discrimination. The Committee notes that the Government refers to the Basic Act to combat racial discrimination, section 37 of which establishes penalties for distinctions on the basis of, among others, “national origin” and “phenotypic traits”. In this respect, the Committee observes that, although the law defines phenotype as any observable physical characteristic of an individual and therefore includes “colour”, it also defines “national origin” as the nationality of birth or the nationality acquired under specific circumstances, which corresponds to “nationality” rather than “national extraction”. In this connection, the Committee recalls that national extraction includes distinctions based on place of birth, but also covers persons who, although they are nationals, are descendants of foreign immigrants and persons belonging to groups of different national extraction living in the same State (2012 General Survey on the fundamental Conventions, paragraph 764). Recalling that when legislation is adopted to implement the principle of the Convention, it should include at least all the grounds of discrimination set out in Article 1(1)(a) of the Convention, the Committee requests the Government to take the necessary measures to include “national extraction” as one of the grounds of discrimination prohibited in the legislation. The Committee requests the Government to provide information on any developments in this regard.

Discrimination on the ground of sex. Sexual harassment. In its previous comments, the Committee referred to section 165 of the LOTTT, which does not include harassment resulting from a hostile work environment in its definition of sexual harassment, and it requested the Government to take the necessary measures to include in the legislation adequate protection against this type of harassment and against sexual harassment by work colleagues. The Committee notes that the Government refers to section 164 of the LOTTT on work-related harassment, which covers cases of harassment or abusive behaviour which undermines the biopsychosocial dignity or integrity of workers. The Government also indicates that section 56 of the Basic Act on prevention, working conditions and the working environment (LOPCYMAT) of 2005 requires employers to take measures to ensure healthy, hygienic and safe conditions of work, and welfare, and to ensure that they and their representatives refrain from engaging in any offensive, malicious or intimidating conduct or any act that could psychologically or emotionally injure workers. Employers are also requested to prevent any situation of harassment through the degradation of the working conditions and the working environment, physical or psychological violence, isolation, or failure to assign workers a reasonable occupation. The Committee notes that section 56 also provides that the employer must take adequate measures to prevent any form of sexual harassment and establish a policy for its eradication. The Government adds that section 15(2) of the Basic Act on the right of women to a life free from violence (LODMVLV) of 2007 defines harassment as any conduct, behaviour, words, acts or gestures intended to intimidate, blackmail, coerce, importune or stalk a woman. The Government adds that the Office of the Public Prosecutor is conducting awareness-raising and training programmes for the bodies responsible for receiving complaints and that the National Institute on Prevention and Occupational Health and Safety, regulated by the LOPCYMAT, is responsible for channelling and responding to situations of work-related harassment and that no cases have been reported during the period 2014–15. The Committee requests the Government to continue establishing and implementing awareness-raising and training programmes for the bodies responsible for receiving complaints, particularly complaints relating to sexual harassment in its two forms, namely quid pro quo and hostile work environment sexual harassment. The Committee also requests the Government to provide information on the implementation of section 56 of the LOPCYMAT and to conduct awareness-raising campaigns for workers and employers on the legislation in force and the complaint procedures available. The Committee requests the Government to continue sending statistical data on the complaints of work-related sexual harassment examined by the National Institute on Prevention and Occupational Health and Safety, the action taken on such complaints, sanctions imposed and redress awarded.

Article 1(1)(b). Discrimination on the basis of HIV and AIDS. The Committee notes the adoption of the Act on the promotion and protection of persons with HIV and AIDS of 2014, which requires employers to guarantee equality of terms and conditions of employment for persons with HIV and AIDS and prohibits mandatory HIV/AIDS testing to enter or remain in employment. The Committee requests the Government to provide information on any complaints concerning discrimination, including any violations of the prohibition of mandatory HIV testing to enter or remain in employment, and on the action taken on such complaints, sanctions imposed and redress awarded.

Articles 2 and 3(f). National gender equality policy. The Committee once again requests the Government to provide information on the application in practice of the Gender Equality and Equity Plan 2013–19 and the results achieved, and on any obstacles encountered in the application of the Convention. The Committee also requests the Government to provide information on the activities of the National Gender Justice Commission aimed at addressing discrimination in employment and occupation, and to provide information on the adoption, implementation and impact of plans and policies relating to the other grounds of discrimination set out in Article 1(1)(a) and (b) of the Convention.