Definitive Report - Report No 382, June 2017

Case No 3082 (Venezuela (Bolivarian Republic of)) - Complaint date: 08-JUN-14 - Closed

Allegations: Imposition of compulsory arbitration after a breakdown of collective bargaining in the enterprise Galletera Carabobo and violent break-up of a trade union demonstration and arrest of trade unionists

1. 628. The Committee last examined this case at its May–June 2015 session and presented an interim report to the Governing Body [see 375th Report, paras 666–693, approved by the Governing Body at its 324th Session (June 2015)].
2. 629. The Government sent additional observations in communications dated 9 October 2015.
3. 630. The Bolivarian Republic of 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. 631. In its previous examination of the case at its May–June 2015 session, the Committee made the following recommendations on the matters still pending [see 375th Report, para. 693]:
   • (a) The Committee requests the Government to ensure that intervention of the forces of law and order in trade union demonstrations to defend their occupational interests is in due proportion to the danger to law and order that the authorities are attempting to control and to bear in mind that governments should take measures to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence and should not resort to arrests in the absence of clear grounds for filing criminal charges against demonstrators. The Committee requests the Government to ensure respect for these principles.
   • (b) The Committee requests the complainant organizations to provide additional information on the allegations regarding arbitration and interference by the authorities.

B. The Government’s reply

1. 632. In its communication of 9 October 2015, the Government states that peaceful protest is a legitimate right enshrined in the country’s Constitution and that the State respects the exercise of this right to protest as long as it does not endanger the lives or the physical, psychological and moral integrity of the rest of the population, freedom of movement, public order and the security of the nation. The Government recalls that the exercise of civil, political and labour rights cannot be invoked to commit unlawful acts. It adds that it is the responsibility of the State to protect citizens, property and institutions from unlawful acts committed during violent protests. The Government also maintains that the actions of the police and security forces are in strict conformity with the law and that only in circumstances involving unlawful acts against individuals, properties or institutions are they called upon to fulfil their duty to protect the latter.
2. 633. Moreover, the Government emphasizes that the right to strike is also enshrined in the national Constitution, and therefore all workers may exercise this right while fulfilling the requirements of the law. However, no individual, while exercising the right to strike, may commit unlawful acts involving the obstruction of free movement, damage to property, people or institutions, or any other offence or crime. The Government indicates that the security forces intervene only when acts are committed which violate the law currently in force and that the procedures, methods and decisions of the judicial bodies are firmly grounded in the law.
3. 634. The Government stresses that there has been no action or omission on the part of the Venezuelan Government which could be presented as a violation of the principles of freedom of association, the right to organize or the right to strike and that the Government is a guardian of these principles. It therefore requests the Committee to stop making unfounded statements to the effect that the Government is not complying with these principles.
4. 635. Lastly, the Government requests the Committee not to pursue its examination of the allegations concerning arbitration and interference by the authorities if the complainant organizations have not provided additional information and therefore calls for the case to be closed.

C. The Committee’s conclusions

1. 636. The Committee takes note of the Government’s statements with regard to recommendation (a) from its previous examination of the case, in which the Committee requested the Government to ensure that intervention of the forces of law and order in trade union demonstrations to defend their occupational interests was in due proportion to the danger to law and order that the authorities were attempting to control and to bear in mind that governments should take measures to ensure that the competent authorities received adequate instructions so as to eliminate the danger entailed by the use of excessive violence and should not resort to arrests in the absence of clear grounds for filing criminal charges against demonstrators. The Committee firmly expects that the Government will ensure that this recommendation is fully implemented.
2. 637. Regarding recommendation (b) of its previous examination of the case, the Committee notes that the complainant organizations have not provided the requested additional information on the allegations regarding arbitration and interference by the authorities. Under the circumstances, the Committee will not pursue its examination of these allegations.

The Committee’s recommendation

1. 638. In the light of its foregoing conclusions, and firmly expecting that the Government will ensure the full implementation of its recommendation concerning the intervention of the forces of law and order in trade union demonstrations, the Committee invites the Governing Body to decide that this case does not call for further examination.