Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee notes the observations received from the International Organisation of Employers (IOE) and the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) on 31 August 2017, the Confederation of Workers of Venezuela (CTV) on 11 December 2019; the Federation of University Teachers' Associations of Venezuela (FAPUV) and the Independent Trade Union Alliance Confederation of Workers (CTASI) on 11 September 2020; and the CTASI on 30 September 2020. The Committee requests the Government to provide its reply to these observations.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. Massive migration flows. The Committee notes that, in their observations, the CTV, FAPUV and CTASI highlight that trafficking in persons in the country has increased as a result of the situation of humanitarian emergency faced by the country which resulted in the generalization of poverty for an increasing number of persons, mainly children and young people in situations of economic vulnerability, falling victim to exploitation by criminal groups within the country or forced to migrate. In this regard, the Committee notes that, the number of people who have left the Bolivarian Republic of Venezuela has increased dramatically since 2018 to reach, according to official statistics, more than five million persons to date. The Committee notes that, as recently highlighted by several United Nations bodies: (i) Venezuelan migrants face obstacles in obtaining or legalizing documentation which is a source of challenges in transit and destination countries which makes them particularly vulnerable to trafficking for labour and sexual exploitation purposes; (ii) those who are leaving or re-entering the Bolivarian Republic of Venezuela are often victims of extortion and illegal requisitions especially at the hands of the Bolivarian National Guard; and (iii) border closures and additional requirements to travel to transit and destination countries force migrants to use unofficial crossing points and therefore increase their risk of suffering abuses (A/HRC/41/18, 9 October 2019, paragraphs 69, 72 and 73; A/HRC/RES/42/25, 8 October 2019, preamble and paragraph 18; and webpage of the United Nations Refugee Agency, Venezuela situation, 2020). Taking into consideration the current situation of humanitarian emergency faced by the country and the increased number of persons who may be exposed to trafficking within the country as well as in transit and destination countries, the Committee draws the Government’s attention to the need for specific and appropriate measures to be taken to ensure that the necessary safeguards are in place at national level, so that the current situation and the actions taken as a result by the national authorities do not contribute, directly or indirectly, to a subsequent increase in cases of trafficking in persons within the country or for Venezuelan migrant workers. It requests the Government to provide information on the specific measures developed and implemented in this regard, including within the framework of bilateral agreements with host countries.

Legislative and institutional framework. The Committee previously noted that several legislative texts contain provisions regarding trafficking in persons (section 56 of the Basic Act of 2007 on the right of women to a life free from violence and sections 53, 56 and 57 the Act of 2004 on foreigners and migration) and more particularly the Basic Act of 2012 against organized crime and the funding of terrorism which criminalizes trafficking in persons under its section 41, while limiting the offence of trafficking to perpetrators who are part of an organized criminal organization. It further noted that a Bill against trafficking in persons was under examination and that various discussions were held by the Government with a view to drawing up the strategies to be set out in the National Plan to combat trafficking in persons around three priorities: prevention, investigation and penalties, and the protection of victims. It noted that the establishment of a presidential commission to combat trafficking in persons was also under examination. The Committee requested the Government to provide information on any progress made in that regard, and more particularly on the adoption and implementation of the national plan and the establishment of a coordinating body. The Committee notes the Government’s general indication, in its report, that the National Plan to combat trafficking in persons for 2016–2019 has been updated for the period 2020–2023. It notes that, in its observations, the CTV expresses concern at the lack of information from the Government on the impact of the National Plan for 2016–2019, as well as on any policy or measures implemented to combat trafficking in persons. The CTV further refers to the increasing number of victims of trafficking for sexual exploitation at the border with the Caribbean islands, as well as in the illegal mining sector in the state of Bolívar, in particular in the Arco Minero del Orinoco (AMO) where women and girls from indigenous communities are victims of sexual exploitation and domestic servitude. The Committee notes that, in their joint observations, the FAPUV and CTASI highlight the lack of legislative provisions against trafficking in persons and the insufficient actions implemented by the Government in that area. They also refer to cases of persons exposed to various forms of coercion in illegal mines by armed groups operating with impunity. In this regard, the Committee notes that, in her 2020 report on the independence of the justice system and access to justice in the Bolivarian Republic of Venezuela, including for violations of economic and social rights, and the situation of human rights in the AMO region, the United Nations High Commissioner for Human Rights highlighted a sharp increase since 2016 in sexual exploitation, trafficking and violence in mining areas, due to the existence of a corruption and bribery scheme by organized criminal groups, locally known as sindicatos, controlling the mines whereby they pay off military commanders to maintain their presence and illegal activities. The Committee notes that, in her report, the High Commissioner specifically recommended to take urgent steps to end labour and sexual exploitation, and human trafficking in the AMO region (A/HRC/44/54, 15 July 2020, paragraphs 41 and 71). The Committee notes this information with concern and urges the Government to take the necessary measures to combat trafficking in persons for both labour and sexual exploitation, including in the Arco Minero del Orinoco. The Committee requests the Government to provide information on the adoption and implementation of the National Plan to combat trafficking in persons for 2020 – 2023. It also requests the Government to provide information on any entity established, in particular within the framework of the new National Plan, to specifically coordinate the intervention of the many actors involved in the combat of trafficking in persons; and on any assessment made of the impact of the measures implemented to combat trafficking in persons, and any difficulties encountered and follow-up actions envisaged. Lastly, the Committee requests the Government to indicate whether the adoption of the Bill against trafficking in persons is still on the agenda and, if not, the reasons why it has been dropped.

Prevention and awareness-raising. The Committee previously noted that the National Bureau to Combat Organized Crime and the Funding of Terrorism (ONCDOFT), established under the Basic Act of 2012, is responsible for the organization, control and supervision at the national level of any actions aimed at preventing and combating organized crime and the funding of terrorism, among which trafficking in persons (section 5). It encouraged the Government to continue its awareness-raising activities. The Committee notes the Government’s general indication that the ONCDOFT carried out several awareness-raising activities within communities and public education institutions to disseminate information on organized crimes, providing tools to prevent citizens from becoming victims of trafficking. The Government adds that a national network against organized crime and funding of terrorism, which is represented by coordination units in each of the 24 states, has been developed by the Government and is responsible for implementing prevention activities regarding organized crime and the funding of terrorism. The Committee requests the Government to continue its efforts to combat trafficking in persons by ensuring comprehensive prevention and awareness-raising activities specifically focused on trafficking in persons for labour and sexual exploitation purposes, at both national and local levels. It further requests the Government to provide information on the content of the activities undertaken to that end, as well as on the above-mentioned tools for the prevention of trafficking, the results achieved and any difficulties encountered.

Protection of victims. The Committee previously noted 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 requested the Government to provide specific information on the number of victims who have benefited from assistance and the type of assistance provided. The Committee notes the Government’s general statement that several shelters are available for victims of trafficking where they can benefit from medical and psychological assistance. The Government adds that ONCDOFT is currently revising the protocol for assistance for victims of trafficking and that a large number of stakeholders, including non-profit organizations which provide assistance for the reintegration of victims, are involved in this process. The Committee notes that, in their observations, the CTV, FAPUV and CTASI highlight that the Government did not provide information on the number of victims identified or on the percentage of victims who received assistance and the type of assistance they benefited from, which is an issue of concern in view of the prevalence of trafficking situations within the country. Noting with regret the lack of information provided by the Government on the assistance provided to victims of trafficking, 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. The Committee also requests the Government to provide information on the protocol for assistance for victims of trafficking formulated by the ONCDOFT, once it has been revised.

Enforcement of effective penalties. The Committee previously noted that ONCDOFT is responsible for developing training programmes for officials of the judiciary, the prosecution services and the forces of order on the various types of crimes covered under the Basic Act of 2012, among which trafficking in persons, and 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 capacities of the various authorities involved in combating this crime. The Committee notes the Government’s indication that, since 2018, the Border Trafficking Route has been established in order to enhance training and capacity-building for public officers at key border control locations, providing them with tools to improve mechanisms for the identification of potential victims, assistance mechanisms, and prevention and control measures. Noting the Government’s indication that the Office of the Public Prosecutor has initiated legal proceedings for trafficking in persons under section 41 of the Basic Act of 2012 against 163 persons for 2017–2018, the Committee notes with regret that the Government has still not provided information on the number of convictions or the nature of the penalties imposed. It further notes that, in its observations, the CTV highlights the insufficient implementation of the Basic Act of 2012 by the Government, which did not take any significant action to combat trafficking in persons. The CTV adds that the number of legal proceedings referred to by the Government does not reflect the real magnitude of the issue in the country, more particularly the prevalence of trafficking in women and girls in border and touristic areas, and that there is no information on the complaints of complicity or corruption. The Committee requests the Government to continue providing information on the concrete measures taken to enhance training activities and strengthen the capacities of the various authorities involved in combating trafficking in persons, to ensure that these authorities are effectively in a position to detect situations of trafficking in persons, carry out adequate investigations and initiate prosecutions against the perpetrators of this crime, including any complicit public officials. It further requests the Government to provide detailed information on the number and nature of investigations carried out, prosecutions initiated, court decisions handed down and penalties imposed, specifying the provisions of the national legislation under which the criminal proceedings were brought.

2. Conditions of work amounting to forced labour. Situation of Cuban doctors. The Committee previously noted that, in its observations received in 2016, the Independent Trade Union Alliance (ASI) raised specific concerns regarding the recruitment, conditions of work and isolation of Cuban doctors who came to work in the Bolivarian Republic of Venezuela within the framework of an agreement signed between the Governments of the two countries and requested the Government to provide information on these allegations. The Committee notes the Government’s indication that Cuban doctors are working under a health programme implemented within the framework of the cooperation agreement signed with the Republic of Cuba in 2000. It states that the Government provides personal housing, food and allowances for personal expenses and that, contrary to the politically motivated observations received from the ASI, Cuban doctors are not isolated. The Committee notes however that, in its observations, the CTV refers to the numerous complaints made by Cuban doctors regarding their conditions of work amounting to forced labour, including underpayment of wages, the main part of which is retained by the Cuban Government, confiscation of passports, limitations on movement, threats of retaliatory actions against workers and their families if they leave the programme, as well as surveillance outside of work. The CTV adds that health workers also denounced this situation. The Committee further notes that, in their observations, FAPUV and CTASI express similar concerns and further highlight that: (i) besides Cuban doctors, Cuban health personnel and other workers who work in Venezuela as "collaborators" are affected by the same situation; and (ii) the agreement with the Cuban Government for the provision of medical and other services in Venezuela has not been made official and even less approved by the National Assembly. In its additional observations, the CTASI expresses concern about the lack of transparency regarding the terms and conditions of the agreement, and the working conditions of these Cuban workers in Venezuela, and calls upon the Government to provide extensive public information in that regard. The Committee observes that, in her 2018 report following her mission to Cuba, the United Nations Independent Expert on human rights and international solidarity indicates that according to official sources, in July 2017, 42,000 Cuban health workers were based in 63 countries and Cuban doctors were serving in more than 6,000 outpatient clinics in the Bolivarian Republic of Venezuela (A/HRC/38/40/Add.1, 9 May 2018, paragraph 55). The Committee notes that, in May 2019, a complaint on the working conditions of Cuban doctors in the Bolivarian Republic of Venezuela was made before the International Criminal Court following an investigation carried out by a Spanish NGO named Cuban Prisoners Defenders. It further notes that the Organization of American States expressed similar concerns regarding the situation of Cuban doctors. The Committee requests the Government to provide further information on the recruitment, conditions of work and termination of employment of Cuban doctors and health workers, including by providing a copy of the agreement signed with the Cuban Government in that respect and examples of contracts signed by Cuban doctors. It further requests the Government to provide information on the number of doctors and health workers who left the programme and the consequences of such resignations. Lastly, the Committee requests the Government to provide information on the number of complaints from Cuban doctors and health workers registered, the nature of the alleged violations and penalties imposed.

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