Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Venezuela (Bolivarian Republic of) (Ratification: 1982)

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Observation

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

The Committee recalls that the Governing Body, at its 332nd Session (March 2018), approved the appointment of a Commission of Inquiry to examine a complaint made under article 26 of the ILO Constitution alleging non-observance by the Government of the Bolivarian Republic of Venezuela of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Committee notes that the Commission of Inquiry completed its work in September 2019 and that its report was presented to the Governing Body, which took note of it at its 337th Session (October 2019).

The Committee notes the document submitted to the Governing Body (GB.340/INS/13) with the Government’s reply to the Commission of Inquiry’s report, and also the discussion which took place on this matter at the 340th Session (October 2020) of the Governing Body and which will continue at its next session in March 2021. In its reply, and in its report to the Commission, the Government stated that it does not accept the recommendations of the Commission of Inquiry since compliance with them would entail the violation of the Constitution of the Republic, the separation of powers, the law, the independence, the sovereignty and the self-determination of the Bolivarian Republic of Venezuela. However, the Committee observes that the Government did not avail itself of the prerogative granted under the ILO Constitution – namely, to refer the complaint to the International Court of Justice within three months of receipt of the report. Moreover, the Committee observes that the Government expresses its readiness to improve its compliance with the Conventions ratified by the country on the basis of constructive suggestions from the ILO supervisory bodies and to receive technical assistance from the Office.

The Committee recalls that, in formulating comments on the application of the Convention by the Government of the Bolivarian Republic of Venezuela, it has been raising many of the issues examined by the Commission of Inquiry. The Committee observes that the Commission of Inquiry, after a detailed examination, confirmed a number of the concerns raised by the Committee, and also by the Committee on Freedom of Association and the Conference Committee on the Application of Standards, regarding the application of this fundamental Convention. In its report the Commission considered, in light of the gravity of the issues raised, that the situation and the progress achieved on its recommendations should be the subject of active supervision by the ILO supervisory bodies concerned. In particular, it stated that the Government must submit to the CEACR the corresponding reports on the application of the Conventions covered by the complaint for examination at its session in November–December 2020.

The Committee notes that, with regard to observance of this Convention, the Commission of Inquiry recommended that the authorities concerned take without further delay – and with implementation to be completed no later than 1 September 2020 – the necessary measures: (1) to ensure the existence of a 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; and (2) to ensure full respect for the independence of employers’ and workers’ organizations, particularly in relation to the Government and political parties; and to suppress any interference and favouritism by State authorities – also encouraging the social partners to take any measures at their disposal to preserve the independence of their organizations in defence of their members’ interests.

While noting that in its report the Government emphasizes its disagreement with the conclusions and recommendations of the Commission of Inquiry, the Committee recalls that in previous occasions when following-up on recommendations of a commission of inquiry the Committee has observed that the ILO Constitution does not make the results of an inquiry subject to the consent of the State concerned. In this regard, the Committee has recalled that under article 32 of the Constitution, the only authority capable of affirming, varying or reversing the findings or recommendations of a Commission of Inquiry is the International Court of Justice, and that therefore, a government which chooses not to avail itself of the possibility of referring the matter to the International Court of Justice ought to take account of the conclusions and act upon the recommendations of the Commission of Inquiry, in light of the provisions of the ILO Constitution.

The Committee also notes the observations, regarding the follow-up to the recommendations of the Commission of Inquiry and the application of the Convention in law and in practice, sent by the following organizations: the Confederation of Workers of Venezuela (CTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV) and the Independent Trade Union Alliance Confederation of Workers (ASI), received on 26 May 2020; the ASI, received on 30 September 2020; the CTV, received on 30 September; FAPUV, received on 30 September; the National Federation of Administrative Professionals and Technicians of the Universities of Venezuela (FENASIPRUV), the SPT 7 Union of Education Professionals and Technicians of the State of Táchira, the Social Movement 10 “The Voice of SIDOR Workers” (MS10) and the Association of Retirees and Pensioners of Alcasa (AJUPAL), received on 30 September 2020; the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), with the support of the International Organisation of Employers (IOE), received on 1 October 2020; the Confederation of Autonomous Trade Unions (CODESA), the General Confederation of Labour (CGT) and the National Union of Workers of Venezuela (UNETE), received on 1 October 2020; the ASI and the National Union of Men and Women Public Officials in the Legislative Career Stream, and Men and Women Workers at the National Assembly (SINFUCAN), received on 5 October 2020; and the Federation of Workers of the State of Bolivar (FETRA-BOLIVAR), received on 5 November 2020. Finally, the Commission takes note of the observations of the Bolivarian Socialist Confederation of City, Country and Fishing Workers of Venezuela (CBST-CCP) received on 3 December 2020, stating that the CBST-CCP has managed, in coordination with the Government and despite adverse conditions, to maintain compliance with the Convention in the course of 2020. The Committee requests the Government to send its observations in this regard.

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. The Committee notes that the Commission of Inquiry recommended: (i) the immediate cessation of all acts of violence, threats, persecution, stigmatization, intimidation or other forms of aggression against persons or organizations in relation to the exercise of legitimate employers’ or trade union activities, and the adoption of measures to ensure that such acts do not recur in future; (ii) cessation of the use of judicial proceedings and preventive and non-custodial measures, including the subjection of civilians to military jurisdiction, for the purpose of undermining freedom of association; (iii) the immediate release of any employer or trade unionist who is imprisoned in relation to the exercise of the legitimate activities of their organizations, as is the case of Mr Rubén González and Mr Rodney Álvarez; (iv) the independent investigation without delay of all allegations of violence, threats, persecution, stigmatization, intimidation and any other forms of aggression that have not been duly elucidated, with a view to clarifying responsibilities and identifying the perpetrators and instigators, while ensuring the adoption of appropriate protection, penalization and compensation measures; (v) the adoption of the necessary measures to ensure the rule of law, and particularly the independence from the executive authorities of the other branches of State authority; and (vi) the organization of training programmes with the ILO to promote freedom of association, tripartite consultation and social dialogue in general, including on full respect for essential conditions and basic rules of social dialogue, in accordance with international labour standards.

In this regard, the Committee notes that the Government: (i) while regretting the slowness of the justice system, asserts that this does not signify impunity, that the actions of the executive authority with regard to the judiciary are taken on the basis of the principle of the separation of powers, that no person who commits a military offence can avoid trial by a natural judge of the military courts, that the judicial proceedings and preventive and non-custodial measures provided for in the legal system are under no circumstances used to undermine freedom of association or any other right and that the legitimate activities of employers and workers and their leaders do not constitute a crime in the country; (ii) indicates that summonses and preventive detentions for the purpose of conducting investigations and taking statements are intended to clarify the facts of each case and none of this can be interpreted as harassment, threats, intimidation or persecution; (iii) states that it continues to urge the security agencies and national justice bodies to conduct independent and transparent investigations and proceedings without delay with a view to clarifying the responsibilities of the perpetrators and instigators and ensuring the adoption of appropriate protection, penalization and compensation measures (the Government explains that any financial compensation or the payment of damages are not automatic and are only referred to the judicial authorities at the request of the interested party); and (iv) indicates that it continues to strengthen social dialogue and that, despite the COVID-19 pandemic, high-level meetings and dialogue round tables have been held between the Government and representatives of employers’ organizations in the country, including FEDECAMARAS (in this regard, it refers to statements by employers’ leaders – of FEDECAMARAS and its affiliates – supposedly recognizing the existence of a dialogue between the private sector and the Government).

Furthermore, the Committee welcomes the partial follow-up to one of the recommendations of the Commission of Inquiry through the granting of a pardon to Mr Rubén González, by the Decree of 31 August 2020 of the President of the Bolivarian Republic of Venezuela. However, the Committee notes with regret that the Government has not proceeded with the release of the trade unionist Mr Rodney Álvarez and does not report any other tangible progress regarding the above-mentioned recommendations relating to civil liberties and trade union rights.

In addition, the Committee notes that numerous observations received from the social partners allege the absence of progress in giving effect to these recommendations and also additional violations of the Convention:

(i) FEDECAMARAS indicates that there has been no progress and highlights the persistence of expressions of disrespect, disparagement and defamation against it (as illustrated by the derogatory, stigmatizing or discrediting remarks against FEDECAMARAS and against independent trade unionism contained in the Government’s reply of 27 December 2019 to the report of the Commission of Inquiry). FEDECAMARAS states that it cannot be argued that either the limited meetings held between it and the Government to resolve operational issues in the context of the pandemic or the patchy responses aimed at tackling the crisis can be regarded as effective social dialogue, or even bipartite, especially when not the slightest consideration was given in these contacts to matters covered by the Commission of Inquiry’s report. In this regard, and in view of the fact that the round tables recommended in the report have not been established, FEDECAMARAS and independent workers’ organizations (including the CTV, UNETE, ASI, CGT and CODESA confederations) have launched an initiative for bipartite dialogue on the basis of the “Bipartite manifesto for decent and productive work and social justice”.

(ii) The CTV alleges that there has been no reduction in the persecution of workers’ representatives (referring to several examples, such as the detention of the organizational secretary of the Union of the Socialist Fisheries and Aquiculture Institute (SINTRAPESCAVE) after making complaints against the authorities of the Institute for failure to uphold job-related benefits); that the courts continue to be used as a tool for restricting freedom of association, referring, inter alia, to the detention in February 2020 of leaders of the Single Union of Employees of the Sucre State Executive Authorities (SUEPPLES) during a peaceful protest at which they were calling on the Sucre government to pay debts to the workers, these leaders being accused of incitement to hatred, unlawful association and disruption of public order; and to the detention measure issued against a leader of the health union in the state of Monagas who denounced the meagre resources of the Dr Manuel Núñez Tovar University Hospital for tackling the pandemic and was accused of incitement to hatred, causing anxiety for the community, and unlawful association; and that the national executive branch controls almost all the public authorities of the State, except for the National Assembly, no measures having been taken to restore the rule of law in the country.

(iii) The ASI confederation denounces the killing of another trade unionist in the construction sector in Sucre in 2019 and the detention of two trade unionists from the Agropatria enterprise. UNETE, CODESA and the CGT allege that the Government’s violations of the Convention have grown worse since the publication of the Commission of Inquiry’s report. Similarly, FAPUV states that acts of anti-union violence, threats and persecution by State officials are continuing, referring in this regard to new complaints presented to the Committee on Freedom of Association (such as Cases Nos 3385 and 3374) and to the preliminary study published on 1 May 2020 by PROVEA, a non-governmental organization for the defence of human rights, concerning the follow-up to the recommendations of the Commission of Inquiry, in which many new cases are reported of anti-union actions in violation of the aforementioned recommendations. FAPUV reports other new cases of similar violations described by trade unions with diverse leanings in various sectors, and it also refers to its joint communications with the ASI and the CTV describing additional specific cases of trade unionists and other workers detained for reporting situations related to the pandemic or for asserting their labour rights during it. In addition, it alleges that the anti-union use of judicial proceedings persists, providing details of specific cases of trade unionists subjected to criminal proceedings or already convicted, with non-custodial measures involving periodic appearances before the authorities and, additionally in one case, a ban on leaving the country. On top of this, there are measures imposed orally, such as a ban on making statements. FAPUV also emphasizes that the detailed conclusions of the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela, presented on 16 September 2020 to the 45th session of the United Nations Human Rights Council, confirm the concerns of the Commission of Inquiry regarding deficiencies with respect to the rule of law and the separation of powers in the country.

Expressing deep concern at the almost total absence of progress and at the gravity of the allegations of additional violations made in the observations of the social partners alluded to, the Committee reiterates the recommendations of the Commission of Inquiry set forth above relating to civil liberties and trade union rights. In this regard, the Committee firmly urges the Government to take the necessary measures to give immediate effect to the recommendations and also to investigate and take action promptly with regard to the new specific allegations referred to above in order to ensure a 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.

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. The Committee notes that the Commission of Inquiry recommended: (1) the adoption of the necessary measures to ensure in law and practice that registration is a mere administrative formality and that in no event can it imply previous authorization, and to proceed to the immediate registration of the ASI confederation; (2) the elimination of “electoral abeyance” and the reform of the rules and procedures governing trade union elections, so that the intervention of the National Electoral Council (CNE) is really optional and does not constitute a mechanism for interference in the life of organizations, the pre-eminence of trade union independence is guaranteed in election processes and delays are avoided in the exercise of the rights and activities of employers’ and workers’ organizations; (3) the elimination of any other use of institutional machinery or types of action that interferes in the independence of employers’ and workers’ organizations and their mutual relations. In particular, the Commission recommended the adoption of any necessary measures to eliminate the imposition of control institutions or mechanisms, such as Workers’ Production Boards (WPBs), which may in law or in practice restrict the exercise of freedom of association; (4) the establishment, with ILO assistance, of criteria that are objective, verifiable and fully in accordance with freedom of association to determine the representativeness of both employers’ and workers’ organizations; and (5) in general, the elimination in law and practice of any provisions or institutions that are incompatible with freedom of association, including the requirement to provide detailed information on members, taking into account the conclusions of the Commission and the comments of the ILO supervisory bodies.

In this regard, the Committee notes the Government’s assertion that Venezuelan labour law and practice have always been advanced and that what is not provided for in the ILO Conventions – minimum standards – can be set out or developed for workers by national legislation. The Government states that this is the case with the WPBs and in this regard reiterates what was already indicated in its response to the Commission of Inquiry: that the Act establishing them provides that they “are not by their nature trade unions and in the exercise of their functions shall not carry out trade union activities, nor impede or interfere in the exercise of the right to freedom of association and collective bargaining”; and that they are not supervisory mechanisms, nor do they undermine the exercise of freedom of association. With regard to the representativeness of workers’ organizations, the Government indicates that it sent the ILO a request for technical assistance in March 2020 and affirms in general that it has never objected to the specialized technical assistance offered by the ILO in the context of the Convention.

The Committee welcomes the partial effect given to one of the recommendations of the Commission of Inquiry, in that the National Registry of Trade Unions (RNOS), attached to the Ministry of People’s Power for the Social Process of Labour, issued the registration certificate for the ASI confederation on 28 February 2020, four years after the initial application for registration.

With regard to the Government’s request for technical assistance in relation to a specific recommendation – the establishment of objective and verifiable criteria which are fully in accordance with freedom of association to determine the representativeness of employers’ and workers’ organizations – the Committee observes that the Commission of Inquiry emphasized that, to implement its recommendations, it is necessary to ensure the essential conditions and basic standards for effective social dialogue with full guarantees and genuine impact. According to the Commission of Inquiry, this includes: the absence of any form of violence, aggression, harassment or intimidation; respect for the independence and autonomy of employers’ and workers’ organizations; recognition of the representative partners; mutual respect, including in the tone of the debate; the agreed determination of forms and timelines that allow for genuine and constructive participation and discussion; adherence to good faith and confidence building; and a genuine commitment to honour the agreements concluded. In this regard, the Committee observes that because the recommendations are inter-related and must be considered as a whole, they should be implemented in a holistic manner and in a climate where the social partners can exercise their legitimate activities, including participation in social dialogue with all guarantees and also full respect for the autonomy of employers’ and workers’ organizations.

Furthermore, the Committee notes with regret that the Government does not report any other progress on its part regarding the above-mentioned recommendations relating to respect for the autonomy of employers’ and workers’ organizations and also the suppression of any interference and favouritism by State authorities. The Committee also notes that numerous observations received from the social partners allege that no progress has been made as regards giving effect to these recommendations and that violations of the Convention persist.

The Committee notes the allegation of FEDECAMARAS that no progress has been made and emphasizes that the exclusion of FEDECAMARAS and discrimination towards it persist and favouritism continues to be shown to FEDEINDUSTRIA, the employers’ organization with links to the Government and its political agenda (as illustrated by the meeting on 22 January 2020 between the President of the Republic and the Government, on the one hand, and small and medium-sized enterprises, on the other, at which FEDEINDUSTRIA reportedly played a significant part, whereas no invitation had been issued to FEDECAMARAS or its chambers of commerce representing small and medium-sized industries). Furthermore, FEDECAMARAS alleges that the Government, instead of giving effect to the recommendation to abolish the WPBs, has continued to strengthen and promote them: (a) by promotional public activities undertaken by the President of the Republic (such as his participation in February 2020 in an action of the State petroleum company, at which he reportedly emphasized that the key instrument for transforming the economy, society and productive relationships are the WPBs, with the WPB supervisory body in that industrial sector having been established on that occasion); (b) by granting WPBs functions for controlling employers in the area of price fixing; and (c) by campaigns to promote and install WPBs in workplaces throughout the country (through national implementation in June 2020 or the holding of a public action with the President of the Republic on 3 September 2020, assigning the WPBs the task of being protagonists in the social process of labour, supported by the “combat corps” of the working class). FEDECAMARAS considers that there is clear interference from the Government and the imposition of its political and ideological agenda within labour relations, restricting the rights established in the Convention, and asserts that this interference from the WPBs not only affects workers’ organizations but also violates the freedom of association of employers, in obstructing relations between employers and workers and their organizations.

With regard to the observations received from workers’ organizations, the Committee notes the statement of the CTV that, apart from the registration of the ASI, no progress whatsoever has been made with respect to this set of recommendations. It indicates that, on the contrary, cases of non-observance have persisted – as illustrated by the acceleration in the creation of mechanisms to interfere in the autonomy of trade unions and employers’ organizations, such as the WPBs (according to statements from the President of the Republic himself, a total of 2,208 WPBs have been established, with the Ministry of Labour having declared that the WPBs are an organizational force of great importance because they will enable votes to be mobilized for the next elections). In addition, UNETE, CODESA and the CGT state that the WPBs – civic-military entities imposed on all workplaces and directly dependent on the Government – imply government interference in the operation of labour relations which restricts the exercise of freedom of association. While indicating their ongoing proliferation and the promotion thereof, the aforementioned confederations warn that the WPBs are the Government’s instrument of social control for eliminating the trade union movement. In addition, FAPUV: (i) indicates, with reference to specific examples, that government actions persist to disregard and attack legitimate majority trade unions and to encourage or favour minority organizations close to the Government; (ii) warns that the registration of trade unions continues to be an obstacle in relation to the exercise of freedom of association and that organizations which are up to date in their registration are increasingly few; (iii) states that interference from the State persists through proceedings relating to trade union elections – referring to various cases in which “electoral abeyance” continues to block action by workers’ organizations; (iv) emphasizes in this regard that a decision is needed from the labour authorities to secure recognition of the results of elections conducted by trade unions without intervention from the CNE; (v) states that in January 2020 more WPBs were sworn in and denounces the fact that at the State petroleum company the WPBs are taking the place of trade unions and their leaders, that at educational establishments in the state of Sucre the authorities only allow entry to WPBs, arguing that trade unionists are “miserable and stateless”, and that the SUTISS trade union has been disregarded de facto (with the majority of its committee forced unlawfully into retirement) and replaced by WPBs, which do not allow the SUTISS leaders to enter the plant; and (vi) in relation to the same matter, warns about the integration of Bolivarian militias into basic industries in Guyana.

Reiterating its deep concern at the almost total absence of progress, and in view of the allegations of persistent violations of the Convention that would confirm the fears expressed in its previous comments (for example, regarding Workers' Production Boards (WPBs) and their negative impact on the exercise of freedom of association), the Committee refers to the conclusions of the Commission of Inquiry and reiterates its recommendations set forth above regarding the need to ensure respect for the autonomy of employers’ and workers’ organizations, particularly in relation to the Government or political parties, and regarding the suppression of all interference and favouritism by the State authorities. Among other specific recommendations, this includes ceasing the imposition of control institutions or mechanisms which, like the WPBs, can restrict the exercise of freedom of association in law or in practice. The Committee firmly urges the Government to take the necessary measures to give immediate effect to all these recommendations.

Articles 2 and 3. Legislative issues. The Committee recalls that it has been asking the Government for several years to consult the most representative workers’ and employers’ organizations and take the necessary steps to revise the following aspects of the national legislation with a view to bringing it into conformity with the Convention:

-section 388 of the Basic Labour Act (LOTTT), to remove the requirement for unions to provide the list of their members to the National Registry of Trade Unions;
-sections 367 and 368 of the LOTTT, to remove, in the definition of the objectives to be pursued by trade unions, all those that relate to the specific responsibilities of the public authorities;
-section 402 of the LOTTT and other provisions that are in force so that: (i) they do not permit a non-judicial authority (such as the CNE) to decide on appeals respecting trade union elections; (ii) the principle of “electoral abeyance” is eliminated in law and in practice; (iii) the requirement to notify the CNE of the electoral schedule is removed; and (iv) the requirement to publish the results of trade union elections in the Electoral Gazette as a condition for their recognition is removed;
-section 387 of the LOTTT, so that the eligibility of leaders is not conditional on having convened trade union elections within the prescribed time frame when they were leaders of other trade unions;
-section 395 of the LOTTT, to remove the provision in the Act establishing that failure of members to pay their trade union dues invalidates their right to vote;
-section 403 of the LOTTT, to eliminate the imposition of specific voting systems on trade unions;
-section 410 of the LOTTT, to eliminate the system of holding recall referendums to remove trade union officers;
-section 484 of the LOTTT, to ensure that either a judicial or an independent authority determines the areas or activities which may not be subject to stoppages during a strike on the grounds that they prejudice the production of essential goods or services which would cause damage to the population; and
-section 494 of the LOTTT, to ensure that the system for the appointment of the members of the arbitration board in the event of a strike in essential services guarantees the confidence of the parties in the system.

The Committee also notes that the Commission of Inquiry – which did not enter into some of these specific legislative aspects on the grounds that they were not issues covered by the complaint – recommended the submission to tripartite consultation of the revision of the laws and standards, such as the LOTTT, giving effect to the Convention that raise problems of compatibility with it in light of the conclusions of the Commission of Inquiry and the comments of the ILO supervisory bodies. The Committee observes the Government’s statement that it has taken note of the suggestions for legislative reforms to improve Venezuelan legislation but that, although those suggestions could be presented in due course to the National Assembly as the competent body, it is not in a position to proceed in this regard since the National Assembly remains in contempt (according to the rulings of the Supreme Court of Justice), and so its actions are null and void and it is unable to deal with legislative reforms. In this regard, the Committee considers that this should not have prevented the Government, before conveying the modifications to the legislative body, from giving effect to the Commission of Inquiry’s recommendation to submit this major task to tripartite consultation. The Committee reiterates the recommendation and requests the Government, in the context of the tripartite dialogue round table referred to below, to submit to tripartite consultation without further delay the revision of the laws and standards which give effect to the Convention and raise problems of compatibility with it, starting with the LOTTT, in light of the conclusions of the Commission of Inquiry (such as those relating to trade union registration, “electoral abeyance” or the WPBs) and the previous comments of this Committee.

The Committee expresses its deep concern at the numerous serious violations of the Convention recorded by the Commission of Inquiry in its report, drawing attention to the existence of a complex web which harasses and undermines the action of employers’ and workers’ organizations that are not close to the Government. Although the Government once again asserts that it is continuing to work on improving compliance with the ratified Conventions, and even though the Committee recognizes that, as the Government indicates, the situation of the COVID-19 pandemic has also affected the country, the Committee is bound to note with deep regret the lack of action regarding almost all the recommendations that the ILO supervisory bodies, including the Commission of Inquiry in particular, have been making with regard to observance of the Convention. Even though the Commission of Inquiry provided a time frame of one year to give effect to its recommendations, this time frame has elapsed and, apart from the release of one trade union leader and the registration of one workers’ organization, the Government has not made progress on giving effect to the recommendations which go to the core of the issues examined by the Commission of Inquiry. In particular, the Government has not taken any action to establish and convene dialogue round tables in support of the implementation of the recommendations in the report (which states that before March 2020 the round tables should have been established with a schedule of meetings).

In this regard, the Committee firmly urges the Government to proceed immediately with the establishment of the aforementioned round tables in the manner indicated in the report of the Commission of Inquiry: (i) a round table for tripartite dialogue which includes all representative organizations; (ii) a round table for dialogue between the authorities concerned and FEDECAMARAS on questions relating to that organization; and (iii) another round table for representative workers’ organizations to address subjects that are of specific concern to them.

Taking note of the Government’s stated willingness to receive technical assistance from the ILO, and of the requests of social partners in this regard, the Committee considers it vitally important that this technical assistance is determined in a tripartite manner in the context of the dialogue round tables and in light of the considerations expressed above.

The Committee is aware of the ongoing consideration being given by the Governing Body to the follow-up of the report of the Commission of Inquiry. In view of the grave violations of labour rights described above, the systemic failure to comply with a number of ILO Conventions and the serious lack of cooperation from the Bolivarian Republic of Venezuela authorities with regard to its obligations, the Committee considers it critical that within the context of the ILO standards the situation in the country be given the full and continuing attention of the ILO and the ILO supervisory system in order to obtain robust and effective measures that can bring about compliance in law and in practice with the Conventions concerned.

[The Government is asked to reply in full to the present comments in 2021.]