Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 331, Juin 2003

Effect given to the recommendations of the Committee and the Governing Body

1. 98. At its meeting in March 2003, the Committee made the following recommendations on questions that remained pending [see 330th Report, para. 1147]:
   • – The Committee requests the Government to take the necessary measures (including sanctions) to ensure the reinstatement of the trade union officials who remain dismissed by the Foundation of the Museum of Contemporary Art of Caracas and the payment of the wages owing to them. The Committee requests the Government to keep it informed in this regard.
   • [In its communication of 25 September 2002, the complainant organization had indicated that the Foundation of the Museum of Contemporary Arts in Caracas, without the prior authorization of the Labour Inspectorate required by law, had dismissed trade union officials Jorge Moreno (Secretary-General), José Gregorio González (Secretary), Delvis Beomont (Treasurer), Alfonso Perdomo (Public Relations Officer) and Omar Burgos (Secretary for Labour and Complaints [see 330th Report, para. 1136]. At its meeting in July 2002, the Committee made the following recommendations [see 328th Report, para. 676]: “As regards the dismissal of the trade union leaders Teresa Zottola and Sonia Chacón, the Committee urges the Government to investigate promptly and impartially these dismissals and, if their anti-union nature is established, to take the necessary measures without delay to reinstate the trade union officials in question in their posts. The Committee requests the Government to keep it informed in this regard.”]
   • – The Committee requests the Government to take the necessary legislative or other steps to speed up the procedures relating to anti-union discrimination.
   • – The Committee reminds the Government that the technical assistance of the ILO at its disposal in relation to the issue of slowness of the pending proceedings concerning anti-union dismissals and other acts of anti-union discrimination.
2. 99. In its communication of 28 March 2003, the Government states that the Labour Administration shares the concerns of the Committee on Freedom of Association with regard to the urgent need for legislative reforms to speed up rulings protecting workers from anti-union discrimination. In the light of this, the Executive, together with the National Assembly’s Commission for Social Development, has proposed certain legislative amendments, of which the ILO will be informed in good time so that it may provide the necessary technical assistance. The Government also indicates that, in accordance with the recommendation made by the Committee on Freedom of Association, it will initiate a process of social dialogue aimed at evaluating these measures, the results thereof and the financial resources needed to provide the Labour Administration with the personnel and infrastructure that will allow more effective application of legislation.
3. 100. As regards the situation of members of SUTRAMACCSI affected by anti-union discrimination, the Government states that it is continuing to move ahead with measures intended to bring about the reinstatement of the trade union officials by the employers, that it has imposed financial penalties and is considering claims made by employees in connection with the employer’s failure to meet its obligations. Similarly, it has indicated that the Deputy Minister for Culture has been replaced for, among other reasons, disregarding instructions from the Labour Administration to reinstate the union officials affected by anti-union measures.
4. 101. The Committee notes the measures adopted by the Government with a view to implementing its recommendations regarding the reinstatement of dismissed SUTRAMACCSI officials, and requests the Government to continue to take steps to ensure that the “Sofía Imbert” Museum of Contemporary Art in Caracas reinstates them in their posts. The Committee also notes in this connection that the authorities have proposed amendments to legislation relating to anti-union discrimination, and will be requesting the ILO’s technical assistance. The Committee requests the Government to keep it informed of developments with regard to the dismissed individuals and to legislation, and hopes that these matters will soon be satisfactorily resolved.