Definitive Report - Report No 330, March 2003

Case No 1986 (Venezuela (Bolivarian Republic of)) - Complaint date: 01-OCT-98 - Closed

Allegations: Dismissals of trade unionists of the Federal District Foundation for Culture and the Arts (FUNDARTE); obstacles to communication between the trade union and workers and threats to those workers who communicate with members of the trade union executive committee.

1. 1106. The Committee examined this case at its November 1999 and March 2001 meetings, at which time it presented interim reports to the Governing Body [see 318th and 324th Reports, paras. 534-567 and 927-939, respectively, approved by the Governing Body at its 276th and 280th Sessions (November 1999 and March 2001)]. Subsequently, the Government sent further observations in a communication dated 19 August 2002.
2. 1107. Venezuela has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 1108. When it last examined this case in March 2001, the Committee formulated the following recommendations relating to the outstanding allegations [see 324th Report, para. 939]:
2. – the Committee invites the complainant to comment on the statement by FUNDARTE in which it denies the dismissal of 11 trade unionists in February 1998;
3. – the Committee regrets that the Government has not answered the allegations concerning: (1) attempts by FUNDARTE to obstruct written communications from the executive committee of SINTRAFUNDARTE to workers; and (2) the threats made by FUNDARTE against workers who communicate with members of the SINTRAFUNDARTE executive committee.
4. B. New reply from the Government
5. 1109. In a communication dated 19 August 2002, the Government states that after a number of trade union and administrative steps were taken, the workers of SINTRAFUNDARTE who had been dismissed, were reinstated in their jobs and paid the wages owing to them. Currently, FUNDARTE is respecting freedom of association. The Government sent a copy of a communication from SINTRAFUNDARTE in which the reinstatement of the dismissed workers is confirmed and which states, with respect to the other allegations, that FUNDARTE has restored full enjoyment of freedom of association and that, in the near future, the first collective labour agreement will be recorded.

C. The Committee’s conclusions

1. 1110. The Committee notes with interest the statements of the Government and in particular that the complainant organization confirms the reinstatement of the dismissed trade unionists and states that FUNDARTE has restored full enjoyment of trade union rights. The Committee concludes, therefore, that the issues that gave rise to the present case have been resolved.

The Committee's recommendations

1. 1111. In the light of its foregoing conclusions, the Committee invites the Governing Body to decide that this case does not call for further examination.