Report in which the committee requests to be kept informed of development - Report No 333, March 2004

Case No 2088 (Venezuela (Bolivarian Republic of)) - Complaint date: 01-MAY-00 - Closed

Allegations: Dismissals and disciplinary proceedings against trade union officers of the Judiciary, obstruction of collective bargaining, limitations on the use of the trade union headquarters of the complainant organization, detention of a trade union officer and surveillance of a trade union officer

1. 1024. The Committee last examined this case at its March 2003 meeting and submitted an interim report to the Governing Body [see 330th Report, paras. 1112-1130, approved by the Governing Body at its 286th Session (March 2003)].
2. 1025. Subsequently, the Government sent new observations in a communication dated 10 September 2003.
3. 1026. 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. 1027. At its March 2003 meeting, the Committee made the following recommendations on the allegations that remained pending [see 330th Report, para. 1130]:
   • - The Committee requests the Government to take steps to ensure that the competent authorities declare the disciplinary proceedings of dismissal relating to trade union officers María de la Esperanza Hermida, Luis Martín and Rodolfo Ascanio null and void.
   • - The Committee requests the Government to intercede with the parties with a view to obtaining the reinstatement of trade union officers Oscar Romero and Isidro Ríos.
   • - The Committee requests the competent authorities to guarantee that the complainant may organize meetings and activities at its headquarters outside designated working hours and that they resolve the issues of security that have arisen as a result of the building in question, housing legal offices and the headquarters of the National Assembly.
   • - The Committee requests the Government to take steps to encourage negotiation of the draft collective agreement between SUONTRAJ and SUNET, on the one hand, and the employer on the other.
   • - The Committee requests the Government to send without delay its observations on the alleged detention of trade union officer Oscar Romero by the National Guard on 17 February 2000.
   • - With regard to the alleged surveillance of trade union official Rodolfo Ascanio, the Committee invites the complainant to provide its observations on the Government’s reply.

B. The Government’s reply

1. 1028. In its communication of 10 September 2003, the Government states that, in accordance with the decree on the transition plan of the authorities in 1999, and the reorganizing of the judicial system, the Council of the Judicature was barred from continuing with the administrative proceedings, as a result of which the proceedings initiated against María de la Esperanza Hermida, Luis Martín and Rodolfo Ascanio came to a halt and these public employees remain in their posts.
2. 1029. The Government adds that the administrative authority confirmed that Oscar Romero and Isidro Ríos had committed a disciplinary offence that led to their dismissal in a procedure in which they were guaranteed due process, and this procedure was not the result of their positions as trade union officials. The Government repeats its previous reply to this allegation.
3. 1030. With regard to the right of the trade union to hold meetings outside designated working hours, the Government states that public employees are permitted to enter the building so long as they have given prior notice in writing so that the security of the individuals and the premises may be ensured.
4. 1031. With regard to the Committee’s recommendation relating to encouraging collective bargaining, the Government states that it is pleased to announce that the competent authorities are carrying out economic studies to establish the cost of the draft collective agreement with SUONTRAJ and SUNET.
5. 1032. With regard to the alleged detention of trade union official Oscar Romero by the National Guard on 17 February 2000, the Government denies this allegation and states that what happened was that Mr. Romero tried to enter court headquarters with alcoholic drinks which is not permitted by judicial order. According to the police statement, which it has attached, it seems that the National Guard only prevented Mr. Romero from distributing the bottles of beer that he was carrying and that he was not detained or mistreated.

C. The Committee’s conclusions

1. 1033. The Committee notes the Government’s statements according to which: (1) the disciplinary proceedings against trade union officials María de la Esperanza Hermida, Luis Martín and Rodolfo Ascanio were brought to a halt; (2) the competent authorities carried out economic studies to establish the cost of the draft collective agreement with SUONTRAJ and SUNET; (3) trade union official Oscar Romero was not detained; he was only prevented from entering court headquarters with alcoholic drinks; (4) with regard to the right of the trade union to hold meetings outside designated working hours, entry is permitted to those public employees who have given prior written notice in order to ensure the security of individuals and premises.
2. 1034. The Committee notes, however, that the Government repeats its previous point of view with regard to the dismissal of trade union officials Oscar Romero and Isidro Ríos. The Committee regrets that the Government makes no mention in its reply to any intercession with the parties (contrary to the Committee’s request) in order to obtain the reinstatement of the trade union officials mentioned and, therefore, it repeats, once again, its conclusions. Therefore the Committee requests the Government to intercede with the parties with a view to obtaining the reinstatement of trade union officials Raphael Romero Machado and Isidro Ríos. The Committee requests the Government to keep it informed in this respect.
3. 1035. Finally, the Committee notes that the complainant organization has not provided its observations, as requested on the Government’s reply relating to the alleged surveillance by the National Guard of trade union official Rodolfo Ascanio. Therefore, the Committee will not proceed to examine this allegation.

The Committee's recommendations

1. 1036. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • The Committee requests the Government to intercede with the parties with a view to obtaining the reinstatement of trade union officials Rafael Romero Machado and Isidro Ríos and requests the Government to keep it informed in this respect.