Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Venezuela (Bolivarian Republic of) (Ratification: 1971)

Other comments on C111

Observation

Direct Request

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The Committee notes the observations of the Confederation of Workers of Venezuela (CTV), received 30 August 2014, and the National Union of Workers of Venezuela (UNETE), received 22 September 2014, referring to discrimination on political grounds in central and decentralized public administration and state enterprises, and in the armed forces. The Committee also notes the Government’s reply to the observations from the CTV and the UNETE.

Article 1(1)(a) of the Convention. Discrimination on the basis of political opinion. The Committee has been referring for some years to acts of discrimination on political grounds against employees of central and decentralized public administration and state enterprises, and members of the armed forces. These acts include threats, harassment, transfers, deterioration of conditions of work, and mass dismissals. In a previous observation, the Committee asked the Government to take measures to conduct an independent investigation into these occurrences and to ensure that public and private sector workers do not suffer discrimination on the basis of their political opinions. The Committee notes the observations of the CTV referring to further acts of discrimination on the basis of political opinion against workers in the public administration or state-owned enterprises who do not support the Government or participate in actions organized by it. The CTV also refers to the persistent harassment suffered by workers who supported the referendum to revoke the mandate of the President in 2004 and are on the “Tascón list”, to which the Committee referred in previous comments. The Committee notes that the Government, in its reply, denies the existence of harassment or threats in the public administration. The Government also indicates that it is unaware of the existence of dismissals on political grounds or of lists for entry to the public administration, since admission to the latter is through public competition. The Government has not sent any information regarding investigations into the allegations. The Committee recalls that protection against discrimination on the basis of political opinion implies protection in respect of the activities of expressing or demonstrating opposition to established political principles and opinions. Furthermore, the general obligation to conform to an established ideology is discriminatory (see General Survey on the fundamental Conventions, 2012, paragraph 805). The Committee once again requests the Government to take the necessary measures to ensure that public and private sector workers are not subjected to discrimination on the basis of political opinion. The Committee also requests the Government to take the necessary measures to ensure that an independent investigation is conducted on the basis of the allegations made in order to determine whether discrimination actually persists against workers on the “Tascón list” and, if so, to the necessary measures to ensure that such discrimination is ended immediately and that those responsible for it are penalized. The Committee requests the Government to keep it informed of any developments in this respect.

Sexual harassment. The Committee notes that the Basic Act on Labour and Men and Women Workers (LOTTT) prohibits sexual harassment in all workplaces and lays down the obligation to prevent, investigate and penalize sexual harassment. Section 165 of the LOTTT defines sexual harassment as unwanted or unsolicited conduct of a sexual nature, occurring in an isolated form or as a series of incidents, committed by the employer or his/her representatives against a man or woman worker for the purpose of affecting his/her job stability or giving, maintaining or removing some benefit deriving from the employment relationship. The Committee observes, as indicated by the Independent Trade Union Alliance (ASI) in its observations of 14 August 2012, that this provision fails to include hostile work environment sexual harassment in the definition. Nor does the definition include sexual harassment by work colleagues. The Committee considers that, without a clear definition and prohibition of both quid pro quo and hostile work environment sexual harassment, it remains doubtful whether the legislation effectively addresses all forms of sexual harassment (see General Survey on the fundamental Conventions, 2012, paragraph 791). The Committee requests the Government to take the necessary measures to include in the legislation adequate protection against sexual harassment resulting from a hostile work environment and sexual harassment by work colleagues. The Committee also requests the Government to keep it informed of any developments in this respect and provide information on the number of complaints for sexual harassment at work brought before the administrative or judicial authorities, the penalties imposed and the remedies provided and examples of the most relevant judicial decisions The Committee further requests the Government to send detailed information on the measures taken by the State and employers to prevent sexual harassment in both the public and private sectors.

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