Observación (CEACR) - Adopción: 2022, Publicación: 111ª reunión CIT (2023)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Venezuela (República Bolivariana de) (Ratificación : 1982)

The Committee notes the observations of the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), received on 11 February 2022, and those communicated by the Government in its report. It also notes the observations of the Bolivarian Socialist Confederation of Urban, Rural and Fishery Workers of Venezuela (CBST-CCP), received on 22 April 2022, and those communicated by the Government. The Committee notes the observations of the Independent Trade Union Alliance Confederation of Workers (CTASI), the Confederation of Workers of Venezuela (CTV) and the Federation of University Teachers’ Associations of Venezuela (FAPUV), communicated by the Government. The above observations refer to issues examined in this comment. The Committee also notes the observations of National Union of Workers of Venezuela (UNETE), received on 5 September 2022. The Committee requests the Government to provide its comments in response to the observations of UNETE.

Follow-up to the recommendations of the Commission of Inquiry (complaint made under article 26 of the Constitution of the ILO)

The Committee notes the discussions which took place during the 344th, 345th and 346th Sessions of the Governing Body (March, June and October-November 2022) on developments relating to the social dialogue forum (the Forum) to give effect to the recommendations of the Commission of Inquiry regarding the Government of the Republic of Venezuela, as well as the decisions adopted by the Governing Body. The Committee notes that, at its 347th Session (March 2023), the Governing Body will once again consider the progress achieved by the Government to ensure compliance with the recommendations of the Commission of Inquiry and will proceed with its examination of possible measures to meet this objective.

The Committee notes with interest the information provided by the Government to the Governing Body on the Forum to give effect to the recommendations of the Commission of Inquiry, in particular that: (i) on 7 March 2022, the inaugural session of the Forum took place virtually, chaired by the Ministry of People’s Power for the Social Process of Labour (MPPPST), with the participation of other officials of the Ministry, and the following employers’ and workers’ organizations: FEDECAMARAS, CBST-CCP, the Venezuelan Federation of Small, Medium and Artisanal Industries (FEDEINDUSTRIA), CTASI, CTV, UNETE, the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA); ILO technical assistance was provided during the session to adopt terms of reference for the Forum, including pending issues to be addressed relating to the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), Convention No. 87, and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144); (ii) between 25 and 28 April 2022, the first in-person meeting of the Forum was held, with the technical assistance of the Office, which resulted in the adoption of an action plan consisting of a schedule of activities relating to the application of the above Conventions; (iii) in the follow-up to the Forum, bilateral meetings were held with the social partners from 11 to 21 July 2022; (iv) from 26 to 29 September 2022, another session of the Forum was held, with the technical assistance of the Office, at which the activities carried out were assessed as part of the implementation of the action plan adopted in April, and it was agreed to update the plan; and (v) it is hoped that there will be another session of the Forum in February 2023.

Civil liberties and trade union rights. Climate free from violence, threats, persecution, stigmatization, intimidation or any other form of aggression, in which the social partners are able to exercise their legitimate activities, including participation in social dialogue with full guarantees. In its previous comment, the Committee reiterated the recommendations of the Commission of Inquiry and firmly urged the Government, in dialogue with the organizations concerned through the relevant bipartite or tripartite round tables, to take the necessary measures quickly to ensure implementation of the recommendations in question. The Committee firmly urged the Government to investigate and take appropriate action with respect to the pending allegations of violations of the Convention regarding civil liberties and trade union rights - contained in the Commission of Inquiry’s report or subsequently brought before this Committee - in order to ensure a climate free of violence, threats, persecution, stigmatization, intimidation or any other form of aggression in which the social partners can exercise their legitimate activities, including participation in social dialogue with full guarantees. Lastly, the Committee requested the Government to provide detailed information on the follow-up action taken.

With regard to the situation of the trade unionist, Rodney Álvarez, the Committee recalls that it noted with deep concern the serious additional allegations of violation of due process in this case, and urged the Government to implement immediately the recommendations of the Commission of Inquiry in this regard. The Committee notes the Government’s indication that on 1 June 2022, the 11th Court of First Instance of the criminal judicial circuit of the Caracas metropolitan area issued the final ruling ordering full freedom of Mr Álvarez, upon request of the Office of the Attorney-General (Attorney-General). The Government also reiterates that Mr Álvarez was sentenced for the common crime of homicide and not for the exercise of trade union activities. The Committee notes, from the information sent from the Government to the Governing Body (GB.346/INS/12(Rev.1)), that Mr Álvarez requested to be reinstated in his job and to receive the payment of lost wages and other benefits that he stopped receiving from the time when he was taken into detention. In that connection, in Administrative Ruling No. 001 of 17 October 2022 the Labour Inspectorate of Puerto Ordaz ordered the workplace to pay all sums relating to Mr Álvarez's labour rights. It also dismissed the request to reinstate Mr Álvarez in his job, on the grounds that the case had lapsed, as the time limit established in section 34(c) of the Regulations under the Basic Labour and Workers Act (LOTTT regulations) had expired. The Committee notes the observations of several social partners (CTV, CTASI and FAPUV) indicating that Mr Álvarez has not been reinstated in his job and that after 11 years of imprisonment and the declaration of his innocence, he has not received reparation for the damages caused by his imprisonment. The Committee notes that the Constitution of the Bolivarian Republic of Venezuela sets forth that any person may request the State to restore or remedy the legal situation endured by judicial error, unjustified omission or delay (article 49(6)). While noting the resolution of the criminal case, the Committee recalls the right to appropriate sanction and reparation for the violations to civil liberties, and hence requests the Government to take all the necessary measures to ensure fair reparation for the damages caused to Mr Álvarez, including the corresponding financial compensation, taking into account the injuries suffered, and in accordance with the Constitution.

The Committee notes the Government’s general indication that the allegations and observations submitted by the social partners have been addressed, assessed and referred to the public authorities concerned, in the framework of the cooperation between them. The Government denies that there is a policy of violence, threats, persecution, stigmatization and intimidation or any other form of aggression against workers’ and employers’ organizations (and their members) and that this has been discussed in various dialogue forums between the MPPPST and the social partners, which are part of the Government’s renewed policy of national dialogue in accordance with the Convention and where all social partners without exclusion are granted guarantees. In addition, the Committee notes the Government’s indication to the Governing Body that on 23 August 2022, at a meeting of the National Council for Productive Economy (CNEP), led by the President of the Republic, the associations and chambers of the productive sectors headed by the presidents of FEDECAMARAS and FEDEINDUSTRIA were incorporated into the above Council.

The Committee notes that the action plan adopted at the Forum, and its update, includes the following expected outcomes, as follow-up to the decisions of the Governing Body and the recommendations of the Commission of Inquiry:

• (i)the processing of the allegations of stigmatization and discrediting, including the submission to the relevant authorities by the organizations concerned of updated lists containing information identifying cases containing allegations associated with the Government, and the holding of bipartite meetings between the Government and the workers’ and employers’ organizations to consider and adopt relevant measures, as well as the follow-up to those measures; and
• (ii)the effective handling of allegations of arrests and judicial proceedings or preventive measures substituting deprivation of liberty, allegedly related to the exercise of legitimate trade union activities, including the submission of updated lists (containing information identifying cases) of allegations previously verified by each sector concerned, their respective referral to the Attorney-General or other authorities concerned, and the holding of bipartite meetings to adopt the relevant measures.

With regard to the allegations concerning land by FEDECAMARAS, the Committee recalls that it noted various measures mentioned by the Government, including the establishment of round tables for meetings at the National Land Institute (INTI) to seek solutions to the cases raised by the National Federation of Stockbreeders of Venezuela (FEDENAGA), and the setting up of a technical committee to discuss matters of interest to FEDENAGA and INTI, as well as the establishment of a list to prioritize cases in this regard also indicated by FEDECAMARAS. The Committee notes the Government’s indication regarding the setting up of cooperation with the Ministry of People’s Power for Agriculture and Lands and the INTI to address the cases brought to light by FEDECAMARAS. The Committee notes the observations of FEDECAMARAS regarding the list of estates prioritized for land recovery measures by INTI, indicating that meetings have been held with INTI but that nothing has been effectively returned to the legitimate owners, with the exception of progress made by INTI in the process to relocate the “invaders” of two of the estates reported in the above list (Estate 75 and Agropecuaria Boralito, S.A.).

The Committee welcomes the Government’s indication regarding the planned establishment of two national Offices of the Attorney-General with specialized competence in the defence of labour rights. The Committee requests the Government to provide information on any developments in this respect.

The Government concludes by reiterating that, contrary to the alleged policy of violence, threats, persecution or other forms of aggression against the social partners, efforts are being made to continue to strengthen spaces for dialogue.

The Committee notes that the CBST-CCP highlights the establishment of dialogue forums between the Government and the social partners, including the Forum and bilateral meetings. The CBST-CCP rejects the observations of the social partners that allege that the State is fomenting a policy of violence, persecution and aggression, and asserts that in reality it has been the guarantor of free trade union activity for all organizations without distinction.

The Committee notes the observations received from the other social partners alleging that the outcome of the dialogue bodies does not make it possible to overcome the previously reported difficulties and delays in the implementation of the action plan to comply with this set of recommendations, as well as additional violations of the Convention, which are listed as follows:

• (i)FEDECAMARAS states that in April 2022, accusations were made against the former president of FEDECAMARAS in a programme broadcast on the State television channel and that as a follow-up, and in line with the action plan, this information was sent to the MPPPST, presenting this complaint to be dealt with in bipartite meetings. It indicates that, on 12 August 2022, a trade union leader was arrested in Bolívar State, the second senior director of the Trade and Industry Chamber of the General Manuel Cedeño Municipality of Bolívar State, and that he was charged for allegedly committing crimes related to the sale of gas. Furthermore, FEDECAMARAS reports that on 29 and 30 August 2022, the deputy of the National Assembly for the State of Yaracuy, Braulio Alvarez, disseminated hateful and intimidating messages against the President of FEDECAMARAS, Carlos Fernández, and of FEDENAGA, Armando Chacín, and other trade union leaders, in the context of the process of returning “invaded” lands. FEDECAMARAS nevertheless recognizes some improvements in the relationship with the Government, emphasizing that meetings were held with respect and cordiality (for example, on 19 July 2022 with the Minister of the MPPPST, on the action plan and other issues, and on 28 July 2022 regarding land cases) and its participation in the CNEP in August 2022. FEDECAMARAS reiterates the need for a formalized and permanent body to seek solutions to the issues related to the complaint and under the coordination of the MPPPST, in coordination with the other public authorities, to identify quick and effective solutions, given that the meetings held do not meet the required formalities, as recalled by this Committee. FEDECAMARAS confirms, with regard to one of the cases of the Commission of Inquiry, that on 24 August 2022, notification was given of the judgment of dismissal of the case against Mr Garmendia (former president of CONINDUSTRIA) and the lifting of the measure prohibiting disposal and encumbrance of the assets owned by this leader. Lastly, the organization reiterates its concern that, to date, the recommendations of the Commission of Inquiry have not been accepted by the Government.
• (ii)CTV, CTASI and FAPUV indicate that the outcome of the dialogue bodies does not make it possible to overcome the serious violations of human, labour and trade union rights, and significant delays in the implementation of the action plan. The trade union organizations, while acknowledging the sporadic release of some detainees, once again denounce many arbitrary arrests of trade unionists and trade union leaders, some in connection with the exercise of the right to peaceful protest and freedom of expression. They denounce the criminalization and prosecution of activities in defence of labour rights and human rights. They also denounce the arrest and imprisonment by the General Directorate of Military Counterintelligence (CDGCIM), the Bolivarian National Intelligence Service (SEBIN) and the Bolivarian National Police (PNB), without arrest warrants, of the following trade union leaders between July and August 2022: Emilio Negrín, president of the National Federation of Court Workers; Alcides Bracho, trade union leader of Venezuelan teachers; Gabriel Blanco, CTASI; Reynaldo Cortés, CTV trade union leader; and Douglas González, trade union leader of an aluminium enterprise. In addition, they reiterate their previous observations with respect to the detentions of other trade union leaders and trade unionists. The trade union organizations report acts of intimidation and aggression against trade union leaders, pointing in particular to the case of Pablo Zambrano, executive secretary of the Federation of Health Workers (FETRASALUD), who was interrogated by the Forensic, Penal and Criminal Investigation Unit (CICPC) and who had received threats from various groups when he attempted to submit a complaint to the Attorney-General.

The Committee notes with regret that the Government only provides the following information concerning the previous observations of the social partners: (i) the case of Eduardo Garmendia (which coincides with the indications of FEDECAMARAS in the present comment); and (ii) the case of Eudis Girot, which, as indicated by CTV, CTASI and FAPUV in their observations, concerns a leader of an oil trade union, detained by DGCIM on 18 November 2020 in Puerto La Cruz, accused of terrorism and other charges, and held in “Rodeo III” prison. In this regard, the trade union leader was acquitted of the offences of disclosure of confidential information (section 134 of the Criminal Code) and illegal possession of a firearm (section 111 of the Organic Act for Disarmament and Control of Arms and Ammunition), but was sentenced for the offence of incitement to hatred (section 235 of the Criminal Code) to three years’ imprisonment, and the preventive measure substituting imprisonment was maintained in this regard. In addition, the Government reports that the process is at the stage of reaching the time limits for the submission of appeals and that, if the sentence becomes final, the competent court will impose alternative measures for serving the sentence in accordance with the Organic Code of Criminal Procedure.

While welcoming the meetings and the various social dialogue sessions held (March, in virtual format, and April and September 2022, and in person with ILO technical assistance), and with the participation of the social partners, as well as the commitments made by the Government in the Governing Body to continue with the dialogue regarding the application of the Convention including the development of a schedule (with tripartite and bipartite activities to be carried out between the second fortnight of November 2022 and February 2023), the Committee notes with deep regret the absence of replies and specific information on the acts reported by the social partners in their current and previous observations, as well as the fact that in the dialogue forums (including various tripartite meetings) no tangible solutions have been found and the conditions for dialogue recommended by the Commission of Inquiry have not been respected (no minutes were taken, there was no agenda or schedule, and no independent secretariat and presidency were appointed). The Committee also deplores that various employers’ and workers’ organizations have raised new and serious allegations of violations of civil liberties and trade union rights. In this respect, the Committee notes with deep regret the information provided by the Government to the Governing Body regarding some of the new cases raised in the observations of the trade union organizations, and notes that during the Forum in September, as indicated in the report to the Governing Body, deprivation of liberty was confirmed and charges for the crimes of conspiracy and criminal association were handed down for: Emilio Negrín, President of the Federation of Court Workers and participant in the April 2022 Forum, Gabriel Blanco, director of the National Assembly Workers’ Union and CTASI, and Reynaldo Cortés, a CTV representative. The Committee notes that such cases, as well as those of other trade union leaders and members, have also been examined in the communication addressed to the Government by the Special Rapporteur on the rights to freedom of peaceful assembly and of association and the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (document AL VEN 4/2022 of 13 September 2022).

In light of the foregoing, the Committee strongly urges the Government to take the necessary measures, in dialogue with the organizations concerned through formal mechanisms and respecting the recommendations made by the Commission of Inquiry, to ensure the implementation of such recommendations and the agreements adopted in the Forum. In this regard, the Committee once again firmly urges the Government to investigate and take appropriate action, as agreed in the action plan, with respect to the pending allegations of violations of the Convention regarding civil liberties and trade union rights – contained in the Commission of Inquiry’s report or subsequently brought before this Committee – in order to ensure a climate free of violence, threats, persecution, stigmatization, intimidation or any other form of aggression in which the social partners can exercise their legitimate activities, including participation in social dialogue with full guarantees. The Committee requests the Government to provide detailed information indicating all specific action carried out, particularly the follow-up action taken.

Articles 2 and 3 of the Convention. Respect for the autonomy of employers’ and workers’ organizations, particularly in relation to the Government or political parties, and suppression of all interference and favouritism by the state authorities. In its previous comment, the Committee once again referred to the conclusions of the Commission of Inquiry and reiterated the specific recommendations on the need to ensure respect for the independence of employers’ and workers’ organization, and the elimination of all interference and favouritism by the government authorities. The Committee urged the Government to refer all the pending allegations to the respective dialogue round tables with the organizations concerned – including the allegations of interference and obstacles regarding electoral procedures, and the use of Workers’ Production Boards (WPBs) as mechanisms that restrict the exercise of freedom of association – in order to make tangible progress as quickly as possible.

The Committee notes in the action plan adopted in the Forum and its update, the signatory parties indicated that trade union elections are independent; and, in the context of implementing the effects of the decision, in accordance with what was discussed at the meeting of workers’ organizations with the National Electoral Council (CNE) (28 September 2022), it was decided to initiate a work plan with the Electoral Authority to provide guidance and support to the trade union organizations in their electoral processes, where requested. The action plan includes, among the expected outcomes in follow-up to the decisions of the ILO Governing Body and to the recommendations of the Commission of Inquiry:

• (i)the effective handling of the allegations concerning registration procedures and trade union election processes, including their publication by the organizations concerned, assessment, determination of relevant measures and information to the relevant organizations by the MPPPST, as well as the continuation of the dialogue on assistance from the CNE to the trade union organizations in their electoral processes, where requested; and
• (ii)the effective handling and follow-up of allegations of interference by WPBs in the independent functioning of employers’ and workers’ organizations or in relations between them, including the communication to the MPPPST of the allegations by the organizations concerned, enquiries and determination of measures to ensure the absence of interference and the application of appropriate corrective measures by the MPPPST; notification of the organizations concerned; and consultations regarding the adoption of the Regulations to the Constitutional Act on WPBs.

The Committee notes that the Government once again denies the allegations of interference and lack of respect for the independence of employers’ and workers’ organizations, and those of favouritism of the authorities towards organizations with alleged ties to it, indicating that it has demonstrated its full commitment to freedom of association and its policy of taking all representative organizations into account. In this regard, the Government emphasizes the various sessions of the Forum that were held.

With regard to the establishment of the WPBs, the Committee notes that the Government reiterates its previous indication to the supervisory bodies, including the Commission of Inquiry, emphasizing that far from excluding and affecting freedom of association, the WPBs promote the organization of the working class and foster its participation in the management of productive activity, and in no case replace the trade unions or are contrary to them, as established by section 17 of the WPB Constitutional Act. The Government adds that the MPPPST has not received any formal complaints of specific cases in which the organization of WPBs in any workplaces had interfered with the smooth functioning of the workplace. The Government also indicates, in response to the observations of FEDECAMARAS and certain trade union organizations, that in the action plan adopted within the framework of the Forum, a mechanism was set up for the receipt of complaints or reports on the negative impact of the WPBs on the functioning of a workplace, and that to date no complaints have been submitted by the organizations concerned in this respect.

The Committee also notes the observations of FEDECAMARAS, CTASI, CTV and FAPUV, warning that, instead of following up on the recommendations of the Commission of Inquiry, the Government continues to promote the formation and operation of the WPBs, reiterating that they are mechanisms that interfere in the independence of the trade union organizations and in the working life of the workers. FEDECAMARAS notes that: (i) 2,555 WPBs have been set up in enterprises; (ii) the President of the Republic mandated the MPPPST to draft a Regulation for the WPBs; (iii) a certification course in labour management was delivered for WPBs in enterprises to, inter alia, strengthen the process of communicating information to the Office of the Deputy Minister for Education and Work for Freedom; and, (iv) on 30 August 2022, an attempt was made to set up a WPB in a manufacturing company in Lara State, but the Union of Workers of the company (SINTRAPROB) refused and no worker wished to participate. Further, CTASI, CTV and FAPUV report that between 5 and 7 February 2022, the third national meeting of the WPBs was held, indicating their high number and the formation of ten of them in 2022.

With regard to registration procedures and trade union election processes, the Committee notes the Government’s indication that in follow-up to the action plan, on 24 – 25 August 2022, two workshops were held with workers’ (CBST-CCP, CTASI and CTV) and employers’ (FEDECAMARAS and FEDEINDUSTRIA) organizations, respectively, on the procedures and requirements set out in the legislation with respect to the National Registry of Trade Union Organizations (RNOS). The Government indicated to the Governing Body that on 19 October 2022 a meeting was held with FEDECAMARAS and FEDEINDUSTRIA to make progress in defining requirements and procedures for the national registration of those organizations, forming a round table where the proposals presented by the social partners were discussed. The Committee notes that FEDECAMARAS indicates in its observations that on 6 May 2022, the records for 2018 to 2021 were registered in the subordinate registry of the records of annual meetings. FEDECAMARAS also indicates that on 25 August 2022, a workshop was held with the employer organizations (FEDECAMARAS and FEDEINDUSTRIA) on the RNOS. In this workshop, FEDECAMARAS reiterated the need for confidentiality and the preservation of the commercial value of the membership lists, and its view that the regulations on the matter are not applicable to employers’ organizations, and raised the possibility of drafting a regulation to establish a registry for information purposes only, and of examining other experiences in Latin America in this area.

Regarding trade union elections, the Government reiterates its previous indication, namely that the CNE carries out support activities only where requested by the trade union organizations and that organizations can conduct their elections with or without the assistance of the CNE, according to the terms of the union statutes and any amendments thereto. The Government affirms its willingness to continue working on this matter in the various dialogue forums in cases where the practice is not aligned with the legislation in force. The Government indicates that, in March 2022, the MPPPST issued a legal opinion on the observations of different trade union organizations with respect to the conduct of the CNE and on whether there was an obligation to come before such an institution to carry out the elections of the trade union executive bodies. The CTASI, in its observations, provides the above legal opinion, which indicates that “…in order to guarantee the legitimacy of the trade union organizations, which, through their independence, shall determine the assistance of the CNE or conduct the elections by their own means, provided that they comply with the democratic guarantees required [sic] for the development of a trade union electoral process”.

In this regard, the Committee notes that, on the one hand, the observations of the CBST-CCP highlight the procedures established to streamline the process, both by the MPPPST and the CNE, and state that they have conducted independent trade union elections, adding that 297 trade unions have requested technical advice and support of the CNE for their electoral processes. On the other hand, the CTASI, CTV and FAPUV emphasize in their observations that there have been no changes in law or practice in government policy relating to the registration of trade union organizations and electoral delays. These organizations report that the participation of the CNE in trade union elections is not optional, as seen in the case of the suspension of the elections of the Bar Association of the state of Carabobo, ordered by the Supreme Court of Justice as that the elections were called without the participation of the CNE (May 2022).

In light of the foregoing, in relation to these two areas of recommendations concerning the independence of the employers’ and workers’ organizations, the Committee notes with deep regret that the Government does not provide information on tangible progress in response to the specific allegations raised in the previous observations of several social partners, and that the social partners continue to denounce, in the most recent observations of FEDECAMARAS, CTASI, CTV and FAPUV relating to the conduct of the WPBs, the persistence of interference and obstacles in the electoral and union registration processes. The Committee also notes that in the updated action plan it was agreed that consultations would be held on the adoption of the regulations to the Constitutional Act on the WPBs, with the first meeting scheduled for the end of October 2022, and that the dialogue would continue on the assistance of the CNE to trade union organizations in their electoral processes, beginning on 28 September 2022, and follow-up meetings would be held.

In this light, the Committee once again refers to the conclusions of the Commission of Inquiry and reiterates its specific recommendations concerning the need to ensure respect for the independence of employers’ and workers’ organizations, and to eliminate all interference and favouritism on the part of the government authorities. The Committee urges the Government to take all necessary measures, as promptly as possible, in the framework of the dialogue with the organizations concerned and the agreements adopted in the updated action plan in the Forum, to address all the pending allegations – including the allegations of interference and obstacles regarding electoral procedures and also the use of WPBs as mechanisms that restrict the exercise of freedom of association – in order to make tangible progress in the near future. The Committee requests the Government to provide detailed information on the specific activities carried out and the outcome reached in this respect.

Lastly, the CTASI, CTV and FAPUV allege, in their observations, the formation on 7 May 2021 of the Presidential Council of the Government of the People’s Power of the Working Class, exclusively established by and consisting of Government supporters. The trade union organizations allege that in this Council discussions were held on issues related to the protection of social benefits, pensions and social welfare, and the presentation of collective bargaining models adapted to the economic war, among other issues. The Committee requests the Government to provide its comments in this respect.

Financial management, internal administration and inviolability of trade union premises. The Committee notes the observations of the CTASI, CTV and FAPUV that the State retains and does not transfer trade union contributions despite the repeated request to the Government from various trade union organizations to return them. The organizations point out that this situation has been occurring since September 2021, when the payslips of public sector bodies began to be managed through the electronic platform known as the “sistema patria”. In addition, the trade union organizations allege anti-union acts against premises and property of the National Single Trade Union (SUNEP-INPARQUES). The Committee requests the Government to provide its comments in this respect.

Articles 2 and 3. Legislative issues. The Committee recalls that it has been asking the Government for several years to take the necessary steps, in consultation with the most representative workers’ and employers’ organizations, to revise various provisions of the Basic Labour Act (LOTTT), in particular sections 367, 368, 387, 388, 395, 402, 403, 410, 484 and 494. In its previous comment, the Committee also urged the Government, in the context of the dialogue round tables, to submit to tripartite consultation without further delay the revision of the laws and standards, such as the LOTTT, which raise problems of compatibility with the Convention in the light of the conclusions of the Commission of Inquiry (such as those regarding trade union registration, “electoral abeyance” or the WPBs) and the comments of the other ILO supervisory bodies. The Committee also asked the Government, in view of the social partners’ allegations, to include in the above-mentioned tripartite dialogue the discussion of the impact on the exercise of freedom of association of the Constitutional Act against hatred and promoting peaceful co-existence and tolerance, and also of any measures needed to ensure that the application of this Act cannot restrict or suppress the exercise of freedom of association. The Committee also recalls that the Commission of Inquiry recommended the submission to tripartite consultation of the revision of the laws and standards that give effect to the Convention, such as the LOTTT, which raise problems of compatibility with the Convention in the light of the conclusions of the Commission of Inquiry and the comments of the ILO supervisory bodies.

The Committee notes the Government’s indication that the Constitutional Act against hatred and promoting peaceful co-existence and tolerance contributes to and creates the conditions for promoting and guaranteeing the recognition of diversity, tolerance and respect, as well as preventing and eradicating all forms of hate, harassment, discrimination and violence. The Government states that the Act does not undermine the exercise of freedom of association, but rather contributes to it. The Committee notes with deep concern that the Government has not responded to the observations of the CTV, CTASI and FAPUV warning of the use of the Constitutional Act against hatred and promoting peaceful co-existence and tolerance, and also of accusations of terrorism, as a pretext for criminalizing trade union activity, carrying out arbitrary detentions of trade union leaders and sentencing them to imprisonment for exercising their freedom of expression. The Committee regrets that the Government does not provide information regarding the submission to tripartite consultation of the Act’s impact on the exercise of freedom of association.

The Committee reiterates the recommendations of the Commission of Inquiry relating to legislative issues and urges the Government, in the context of institutionalized social dialogue, to submit to tripartite consultation without further delay the revision of the laws and standards, such as the LOTTT, which raise problems of compatibility with the Convention in light of the conclusions of the Commission of Inquiry (such as those regarding trade union registration, “electoral abeyance” or the WPBs) and the comments of the other ILO supervisory bodies. The Committee once again requests the Government, in view of the social partners’ allegations, to include in the above-mentioned tripartite dialogue the discussion of the impact on the exercise of freedom of association of the Constitutional Act against hatred and promoting peaceful co-existence and tolerance, and of any measures needed to ensure that the application of this Act cannot restrict or suppress the exercise of freedom of association. The Committee requests the Government to inform it of any developments in this respect.

The Committee welcomes the information provided by the Government to the Governing Body reiterating its commitment to engage in consultations with the social partners on bills, or their respective reforms, initiated by the National Assembly relating to international labour standards. In this respect, the Government indicates that on 11 October 2022 public consultations were held with the social partners on the Domestic Workers Act in which FEDECAMARAS, FEDEINDUSTRIA, the CBST-CCT, CTASI, CTV and CGT participated. The Government indicates that the same process will be followed for the Act on Workers with Disabilities.

The Committee notes with deep concern, however,that: (i) the Government does not provide specific replies to the multiple serious allegations made in the Committee’s previous comment; (ii) as highlighted by the observations of a number of social partners, the dialogue held so far still does not meet the necessary conditions to be effective, nor has it yielded concrete solutions to the pending issues, and thus, regrettably, no significant further progress can be observed in the application of the recommendations of the Commission of Inquiry; and (iii) allegations of serious violations of the Convention continue to be made, referring to the persistence of systemic patterns or problems to which attention was drawn by the Commission of Inquiry.

The Committee notes that the Government once again refers to its request for ILO assistance in order to determine the representativeness of employers’ and workers’ organizations, considering that this will be fundamental for determining representativeness according to objective verifiable criteria which fully respect freedom of association. The Government indicates that, during the above-mentioned workshops on the RNOS, the social partners were reminded of the importance of such a register in determining the representativeness of social organizations. In this respect, the Committee reiterates that since the recommendations are interrelated and need to be considered together, they should be implemented in a holistic manner and in a climate in which the social partners can exercise their legitimate activities, including participation in social dialogue with full guarantees, and with full respect for the independence of employers’ and workers’ organizations. The Committee once again recommends that ILO technical assistance should be defined on a tripartite basis in the context of institutionalized dialogue and in light of these considerations.

The Committee firmly urges the Government to take the necessary steps, with ILO technical assistance, through institutionalized dialogue and in the manner indicated in the Commission of Inquiry’s report, to ensure that the recommendations are fully implemented, so that tangible improvements can be noted in the near future, including those agreed upon by the parties in the updated action plan adopted by the Forum. The Committee also reiterates that it is vital that the issues raised above receive the full and ongoing attention of the ILO and its supervisory system so that firm and effective measures are adopted to ensure full observance of the Convention in law and practice.