Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations made by the Confederation of Workers of Venezuela (CTV), the National Union of Workers of Venezuela (UNETE), the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), received in 2015, 2016 and 2017, which, as on previous occasions, refer to allegations of discrimination on the basis of political opinion. The Committee also notes the observations of the Independent Trade Union Alliance Confederation of Workers (CTASI), received on 31 August 2017. The Committee notes the Government’s replies to these observations.

Follow-up to the decisions of the Governing Body (complaint made under article 26 of the Constitution of the ILO)

The Committee recalls that in its previous comments it noted that the complaint made under article 26 of the ILO Constitution by a group of Worker delegates at the International Labour Conference in 2016 alleging non-observance of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Protection of Wages Convention, 1949 (No. 95), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), by the Bolivarian Republic of Venezuela was declared receivable by the Governing Body at its 328th Session (October–November 2016). With reference to Convention No. 111, the allegations relate to acts of discrimination for political reasons, such as the establishment of lists of opponents, including the so-called “Tascón List”, containing the names of persons who signed a declaration of support for the 2004 referendum on whether the President should be removed from office, and more recently those who supported the declaration of support for a similar referendum in 2016 concerning the current President. They also relate to party-political and ideological bias in employment and in the working environment in the public service. In various communications, the Government opposed the receivability of the complaint and, in relation to Convention No. 111, the Government indicated that the principle of non-discrimination in all its forms is promoted in the country, as envisaged in the national legislation, and that no worker can be dismissed without a valid reason on political grounds. It also emphatically rebutted the accusation of the alleged party-political and ideological bias in employment and in the working environment in the public service. At its 329th Session (March 2017), the Governing Body decided: (a) to transmit all allegations of the complaint concerning Convention No. 87 to the Committee on Freedom of Association for examination; (b) given that all aspects of the complaint relating to Conventions Nos 95 and 111 have not been examined recently by the Committee of Experts on the Application of Conventions and Recommendations (CEACR), to transmit these allegations to the CEACR for their full examination; and (c) that the complaint not be referred to a Commission of Inquiry and that, as a result, the procedure under article 26 of the ILO Constitution be closed.

Article 1(1)(a) of the Convention. Discrimination on the basis of political opinion. For many years (since 2007), the Committee has been noting alleged acts of discrimination for political reasons against employees of the central and decentralized public administration and State enterprises, and members of the armed forces, including threats, harassment, transfers, deterioration of conditions of work and mass dismissals. The Committee noted allegations of mass dismissals of those who are not members of the governing party, do not participate in demonstrations in favour of the Government or who express views against the Government, as well as persistent discrimination against workers on the “Tascón List”. The allegations refer, among other matters, to the dismissal of 124 workers from the Bicentenary Bank, 40 workers from the Niño Simón National Foundation and four workers from the Integrated National Service for the Administration of Customs and Excise (SENIAT) for supporting the popular consultation for the activation of a referendum to recall the President of the Republic. The Committee notes that, in their recent comments, the CTV, UNETE, CGT, CTASI and CODESA allege that discrimination for political reasons, far from diminishing, has grown worse. They complain of intimidation and penalties against workers who participated in or supported the popular consultation on whether to hold a referendum to determine whether the President should be removed from office in 2016. The Committee notes that these allegations, and particularly those relating to threats by high-level Government officials and leaders of the official party against persons who voted for opposition candidates in the parliamentary elections in December 2015 and in support of the recall referendum for the President of the Republic in 2016, were also contained in the complaint made under article 26 of the ILO Constitution by Worker delegates to the International Labour Conference. The Committee further notes that, in its 2017 observations, the CTASI alleges that since the events of 2002 any expression of political opposition has been stigmatized. The Committee also notes the allegations by the CTV, CGT, UNETE and CODESA that public employees and workers are subject to compulsory mobilization for demonstrations and marches in support of the Government.

The Committee notes that, in its reply to the observations made by the UNETE, CTV, CGT and CODESA, the Government indicates that employment security is recognized by the Basic Act concerning labour and men and women workers (LOTTT) and the national Constitution, although there are exceptions to the rule, specifically for executive positions. The Government adds that absolute employment security, as set out in Decree No. 2.158 of 28 December 2015, which has the force of law, has been extended for three years and recalls that workers covered by the Decree cannot be dismissed, demoted or transferred, without a valid reason and the prior approval of the competent labour inspector, in accordance with section 422 of the LOTTT. Finally, the Committee notes the Government’s reiterated indication in its 2017 report that discrimination against men and women workers for political reasons is contrary to the principles set out in the national legislation and that in 2005 the then President of the Republic ordered the “Tascón List” to be set aside. The Government refers to its previous responses and rebuts the allegations concerning the “Tascón List”, as well as the issues raised concerning the 2015 parliamentary elections. It adds that: (1) with regard to the allegations concerning the “serious situation” in the country “due to massive dismissals for political reasons”, that the allegations made are too general and do not specify whether complaints were lodged with the various official bodies which offer institutional remedies for victims of violations of individual or collective rights or crimes, or with the administrative bodies of the Ministry of the People’s Power for the Social Process of Labour in the case of the dismissal of a worker protected by employment security; (2) with reference to the allegations of the dismissal of persons who voted for the opposition, that the participation of citizens in political activities is not conditional on their status as public officials or workers in public or private enterprises, and that the people participate as protagonists, and that anyone who so wishes may therefore participate or not in the political activities that are organized; and (3) in relation to the alleged threats of penalties and dismissals for supporting the recall referendum for the President of the Republic, more details are required as the Government is not aware of complaints submitted on these matters to administrative or judicial bodies.

The Committee notes with concern the new allegations of discrimination in employment for political reasons. While noting the constitutional and legal provisions which, according to the Government, afford protection against discrimination in employment, the Committee recalls that legislative measures to give effect to the principles of the Convention are important, but not sufficient to achieve its objective. Moreover, the existence of legal provisions does not imply the absence of discrimination in practice. The Committee reiterates that protection against discrimination on the basis of political opinion implies protection in respect of the activities of expressing or demonstrating opposition to established political principles and opinions. The general obligation to conform to an established ideology is therefore discriminatory (see General Survey on the fundamental Conventions, 2012, paragraphs 805, 850 and 856). In these circumstances, the Committee once again asks the Government to take the necessary steps without delay to ensure full respect and compliance with the Convention and to ensure that public and private sector workers are not subject to discrimination on the basis of political opinion. Taking into account the high number of allegations and that, according to the Government, the allegations are too general, the Committee also urges the Government to take all the necessary steps without delay to establish a working group including all the trade union organizations concerned to examine and to deal with all the complaints, which will also consider the development of a system to prevent discrimination and the establishment of mechanisms and institutions to address in an independent manner complaints of discrimination in employment and occupation on the basis of all the grounds of the Convention, and in particular, political opinion, in addition to providing effective remedies. The Committee reminds the Government of the availability of ILO technical assistance.

The Committee is raising other matters in a request addressed directly to the Government.