Rapport intérimaire - Rapport No. 401, Mars 2023

1. 672. The Committee last examined this case (presented in March 2003) at its June 2021 session and on that occasion presented an interim report to the Governing Body [see 395th Report, paras 369 to 401, approved by the Governing Body at its 343rd Session (June 2021)]. 
2. 673. The Government sent further observations in a communication of 3 March 2022.
3. 674. The Committee recalls that in its previous examination of the case it noted that various recommendations of the Commission of Inquiry – appointed by the Governing Body in the light of the complaint made under article 26 of the ILO Constitution by various Employers’ delegates to the 104th Session of the International Labour Conference against the Bolivarian Republic of Venezuela, and mandated to examine the country’s non-observance of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) among other Conventions – refer to issues raised in case No. 2254. The Committee observes that the Commission of Inquiry established in its report that, in the light of the gravity of the issues raised, the situation and the progress achieved on its recommendations should be the subject of active supervision by the ILO supervisory bodies concerned. Given the gravity and persistence of the matters involved in this case, the Committee requested the Government to send its observations in relation to its previous recommendations and in the light of the relevant recommendations of the Commission of Inquiry, so that at its following session it might pursue its examination of the case with full knowledge of the facts. The Committee also observes that, at each of its sessions, the Governing Body discusses the periodic progress report on developments concerning the social dialogue forum set up to give effect to the recommendations of the Commission of Inquiry with respect to the Government of the Bolivarian Republic of Venezuela.

A. Previous examination of the case

1. 675. At its June 2021 session, the Committee made the following recommendations [see 395th Report, para. 401]:
   • (a) The Committee once again firmly urges the Government to adopt all measures necessary to end immediately all acts of hostility and intimidation against FEDECAMARAS so that it may exercise its representative activities in full freedom, and to ensure that the necessary foundations for genuine social dialogue in the country are established. The Committee expects to receive information from the Government without delay on specific action taken in this regard.
   • (b) The Committee once again urges the Government and all competent authorities to take all necessary measures without delay to ensure that all of the instigators and perpetrators of the attacks examined in the present case are identified and appropriately punished and to ensure that any compensation measures sought by the victims of the attacks are applied. The Committee expects to receive information from the Government without delay on progress made in this regard.
   • (c) In relation to the criminal proceedings initiated against certain leaders of a meat processing company and a supermarket chain, the Committee urges the competent authorities to: (i) make every effort to expedite the judicial proceedings that are still under way and (ii) duly and fully take into account the employers’ right to freely exercise their representative activities. The Committee requests the Government to keep it informed in this regard.
   • (d) The Committee firmly urges the Government to: (i) provide detailed information on the outcomes of the social dialogue forum called for by the Governing Body, which should be organized and implemented in the light of the recommendations of the Commission of Inquiry; (ii) establish the bipartite and tripartite forums that this Committee has been calling for many years and that were called for once again by the Commission of Inquiry; and (iii) to immediately take all measures necessary to create a climate of trust based on respect for employers’ and trade union organizations with a view to promoting solid and stable industrial relations. The Committee expects to receive information from the Government without delay on the specific action taken in this regard.
   • (e) Emphasizing once again that the absence of acts of harassment, stigmatization and intimidation and a climate of trust based on respect for employers’ and trade union organizations are prerequisites for consultation processes, the Committee firmly urges the Government to immediately take all action necessary to establish an effective mechanism for tripartite consultations in accordance with the present conclusions. The Committee expects to receive information from the Government without delay on the specific action taken in this regard.
   • (f) The Committee expresses its deep concern at the lack of progress on the above issues, which were also the subject of recommendations from the Commission of Inquiry. The Committee urges the Government to immediately take all the measures necessary to comply fully with the requirements made of it, in accordance with the process under way before the competent bodies of the Organization.
   • (g) The Committee draws the special attention of the Governing Body to the extremely serious and urgent nature of this case.

B. The Government’s observations

1. 676. In its communication of 3 March 2022, the Government requested that the information sent by it to the Governing Body and the Committee of Experts on the Application of Conventions and Recommendations be brought to the attention of the Committee on Freedom of Association, considering that the case is closely linked to the proceedings of the Committee of Inquiry which examined the non-observance of the Bolivarian Republic of Venezuela of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), among other Conventions, and with a view to maintaining the necessary consistency among proceedings and avoiding a duplication of proceedings on the same case.

C. The Committee’s conclusions

1. 677. The Committee recalls that, in the context of this case, it has been examining since 2004 serious allegations of violations of freedom of association relating notably to: (i) acts of harassment, stigmatization and intimidation against employer leaders and their organizations, including acts of violence against them, and (ii) the marginalization and exclusion by the public authorities of the employers’ organization, FEDECAMARAS, in decision-making processes, thus excluding social dialogue, tripartism and, in general, the holding of consultations regarding decision-making in economic and social matters.
2. 678. The Committee recalls that it observed with deep concern the Commission of Inquiry’s finding and condemnation of a web of mechanisms and practices involving acts of violence, as well as impunity or lack of clarification of such acts; persecution and multiple forms of harassment of employers and trade unionists; practices of favouritism or promotion of parallel organizations and of discrimination against, replacement of and obstacles to the functioning of organizations that are not close to the Government; and the absence of tripartite consultation and exclusion from social dialogue (report of the Commission of Inquiry, para. 494). The Committee once again notes with concern that the above-mentioned ongoing process before the Governing Body reveals that the Government has not, to date, accepted the recommendations of the Commission of Inquiry.
3. 679. The Committee observes that other general questions raised in this case are being examined by the Committee of Experts on the Application of Conventions and Recommendations within the framework of the application of Convention No. 87 and as follow-up to the recommendations of the Commission of Inquiry.
4. 680. The Committee recalls that in its previous examination of the case, it recalled the conclusions of the 2014 high-level tripartite mission and the conclusions and recommendations of the Commission of Inquiry, and its recommendations in the present case with respect to the allegations concerning social dialogue and tripartite consultation, indicated in paragraph 4 (d) and (e).
5. 681. The Committee notes the discussions held at the 344th, 345th and 346th Sessions of the Governing Body (March, June and October–November 2022) and the information provided by the Government in this framework relating to the establishment and monitoring of the social dialogue forum to give effect to the recommendations of the Commission of Inquiry. In particular, the Committee notes that on 7 March 2022, the inaugural session of the social dialogue forum was held, chaired by the Minister 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, the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP), the Venezuelan Federation of Craft, Micro, Small and Medium-sized Business Associations (FEDEINDUSTRIA) the Independent Trade Union Alliance Confederation of Workers (CTASI), the Confederation of Workers of Venezuela (CTV), the National Union of Workers of Venezuela (UNETE), the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA); and with ILO technical assistance. During the session, the terms of reference were adopted for the social dialogue forum which include, for discussion, pending issues on the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), Convention No. 87 and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Committee also notes that between 25 and 28 April 2022, the first in-person session of the forum was held, with the technical assistance of the Office, which resulted in the adoption of a plan of action involving a timetable of activities for the implementation of the Conventions mentioned. As follow-up to the forum, bilateral meetings were held with the social partners from 11 to 21 July 2022, including FEDECAMARAS; and 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 as part of the implementation of the plan of action adopted in April were evaluated, and it was agreed to update the plan. The Committee notes that the third in-person session of the social dialogue forum was held on Margarita Island from 30 January to 1 February 2023, with the participation of the MPPPST, FEDECAMARAS, FEDEINDUSTRIA, the CBST-CCP, the CTASI, the CTV and the CGT (report to the Governing Body at its 347th Session, GB.347/INS/13(Rev.1)). At that session, the participants agreed on various measures for the follow-up and updating of the plan of action, including strengthening relations between the National Land Institute (INTI) and FEDECAMARAS through meetings on the cases raised; strengthening actions to ensure the social dialogue process addresses the issues included in the Annex, holding bipartite meetings between the MPPPST and workers’ and employers’ organizations upon their request; and requesting ILO technical assistance on matters related to the implementation of the plan of action. The Committee notes that the plan of action adopted in the social dialogue forum, and its update, includes in its Annex, among other aspects relating to the above Conventions, the following expected results in connection with the case, as follow-up to the decisions of the Governing Body and relating to the recommendations of the Commission of Inquiry:
6. 682. In its previous examination of the case, the Committee noted the first contact established between the legislature, through the Special Dialogue Commission, and FEDECAMARAS. The Committee also notes that, in its communication of 31 August 2022 to the Governing Body, the Government indicated that the MPPPST was in the process of reaching agreement with the legislature, at the request of the social partners, on the participation of workers’ and employers’ organizations in the consultation phase of laws containing special arrangements on working conditions and the bill on workers with disabilities. It also noted the Government’s indication that the associations and chambers of the production sectors headed by the Presidents of FEDECAMARAS and FEDEINDUSTRIA had been incorporated in the National Council on the Productive Economy at a new meeting of the Council, led by the President of the Republic. The Government indicated that the meeting was intended to devise strategies to strengthen the country’s different production sectors. In this respect, the Committee notes that FEDECAMARAS, through a communication of 1 September 2022 to the Governing Body, indicated that on 23 August 2022, the President and other leading FEDECAMARAS officials were invited to the event of the National Council on the Productive Economy which included announcements on taxation and rates of collection and the Government’s intention to develop a new diversified economic model which is less dependent on oil.
7. 683. The Committee also notes the communication transmitted by the Government on 8 December 2022 to the Governing Body, following up on the implementation of the recommendations of the Commission of Inquiry, in which the Government indicates that according to the work schedule of the plan of action updated in September 2022, consultation activities with the social partners were planned, such as the adoption of the Regulations under the Constitutional Law of the Workers’ Production Councils, on which it was expected to receive comments from employers’ and workers’ organizations; and lastly the minimum wage consultation for the second half of December 2022. In this respect, the Committee notes that in the plan of action updated in the social dialogue forum in January–February 2023, annexed to the report to the Governing Body at its 347th Session, it was agreed to extend the deadline for the submission of comments on the above Regulations.
8. 684. The Committee also notes that in the above communication, the Government reported that in 2022, within the framework of a broad and inclusive dialogue with all the country’s employer sectors and partners, more than 90 round tables have been held with various economic sectors, citing the Exploratory and Trade Mission organized by the Federation of Traders of Colombia, with the participation of the Executive Vice President of the Republic and the institutional support of FEDECAMARAS (25 November 2022). The Government also indicates that an event was held, organized by the Venezuelan Confederation of Industrialists (CONINDUSTRIA), a member organization of FEDECAMARAS concerning the 2023 prospects of the Venezuelan industrial sector, with the participation of over one hundred employer associations, enterprises and chambers of the country.
9. 685. The Committee also notes the information provided by the Government to the Governing Body in its communication of 20 October 2022, relating to the activities to implement the plan of action agreed in Caracas in September 2022: (i) on 11 October 2022, the public consultation was held with the employers’ and workers’ organizations on the Homeworkers’ Act, in which the CBST-CCP, CTASI, CTV, CGT, FEDECAMARAS and FEDEINDUSTRIA participated; 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, and a round table was set up at which the proposals presented by the social partners were discussed; and (iii) on 20 October 2022, a tripartite meeting was held with the organizations affected by the results of the Social Dialogue Forum on the setting up of a round table relating to the application of Convention No. 26.
10. 686. While noting the information provided by the Government, the Committee also notes the communication from FEDECAMARAS to the Governing Body of 1 September 2022, indicating that although meetings were held between the parties in a respectful and cordial atmosphere, the dialogue process is subject to delays and weaknesses, as no structured tripartite consultation body has been set up and the meetings do not comply with the formalities recommended by the Commission of Inquiry and other ILO supervisory bodies (independent chairperson or secretariat, recording of minutes, agreed timetable of meetings, follow-up mechanisms on compliance with agreements).
11. 687. In the light of the above, the Committee requests the Government to provide detailed information on: (i) the specific results of the social dialogue forum, as follow-up to the recommendations of the Commission of Inquiry; and (ii) the measures taken to generate a climate of trust based on respect for employer and trade union organizations, with a view to promoting stable industrial relations. The Committee expects to receive information from the Government without delay on the specific actions taken in this regard and as follow-up to the plan of action updated in the framework of the social dialogue forum.
12. 688. In addition, the Committee once again highlights the importance that the tripartite consultations that have been called for many years should: (i) be held by the executive branch within the scope of its powers; (ii) involve all representative organizations of workers and employers, including FEDECAMARAS, regardless of their relations with the Government; and (iii) be effective and address all of the social and economic decisions likely to affect the interests of workers and employers. Emphasizing once again that the absence of acts of harassment, stigmatization and intimidation and a climate of trust based on respect for employers’ and trade union organizations are prerequisites for consultation processes, the Committee firmly urges the Government to immediately take all action necessary to establish the said effective mechanism for tripartite consultations. The Committee expects to receive information from the Government without delay on the specific action taken in this regard.
13. 689. The Committee recalls that it noted with great concern that the Commission of Inquiry expressed deep regret at the persistent and serious harassment of the representative action of FEDECAMARAS and its members and recommended 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 (report of the Commission of Inquiry, para. 497(1)(i)).
14. 690. The Committee notes that, in two communications addressed to the Governing Body, FEDECAMARAS reports that: (i) it informed the Ministry of Labour of discrediting messages and unfounded accusations against FEDECAMARAS leaders, broadcast in a programme of the State channel on 26 April 2022, in order to ensure that they are properly processed, as set out in the plan of action agreed during the social dialogue forum of April 2022 (communication of 14 May 2022); and (ii) new hateful and intimidating messages (29 and 30 August 2022) directed at the trade union organization from the National Assembly deputy for the state of Yaracuy, against the Presidents of FEDECAMARAS and the National Federation of Stockbreeders of Venezuela, as well as other trade union leaders as part of the restitution process of invaded lands (communication of 1 September 2022). The Committee notes that it has no information on the appropriate processing that should be performed of the allegations made by FEDECAMARAS in the communications dated 14 May and 1 September 2022. The Committee requests the Government to provide information on the follow-up given to the treatment of the allegations of discrediting and intimidation presented by FEDECAMARAS in its communications to the Governing Body of 14 May and 1 September 2022, in accordance with the plan of action agreed in the framework of the social dialogue forum.
15. 691. In the light of the findings and recommendations of the Commission of Inquiry, and of the measures taken in the framework of the plan of action adopted and updated in the social dialogue forum, the Committee once again strongly urges the Government to adopt all necessary measures to: (i) end immediately and prevent all acts of hostility and intimidation against FEDECAMARAS, so that it may exercise its representative activities in full freedom; (ii) ensure that the necessary foundations for genuine social dialogue in the country are established; and (iii) give effect to the measures set out in the plan of action agreed in a tripartite setting and updated in the social dialogue forum with a view to achieving the expected results defined in the plan of action. The Committee expects to receive information from the Government without delay on the specific action taken in this regard.
16. 692. The Committee recalls that, in the present case, it has examined serious episodes of attacks on FEDECAMARAS leaders and on the organization’s headquarters, in relation to which it has repeatedly requested that all of those responsible should be identified and punished and that the victims should receive compensation. The Committee recalls that it noted, in its previous examination of the case, the allegation of the abduction of and attack on Ms Albis Muñoz and three further FEDECAMARAS leaders in 2010, examined within the Commission of Inquiry, and that despite the time that had elapsed, several key elements of the offences had still not been clarified and that the corresponding judicial proceedings were still pending a final decision (see report of the Commission of Inquiry, para. 379; and 395th Report of the Committee, paras 382 and 383). Further, the Committee recalls that with respect to the 2017 attack on the ASOGATA headquarters, it noted with concern that the Commission of Inquiry: (i) noted that the attack took place the day after a peaceful protest organized by the association and that (ii) despite more than two years having passed between the events and the report of the Commission of Inquiry, there were still no defendants in the case; and (iii) considered that these elements provide sufficient grounds not to exclude the motive for the attack being related to the association’s representative activities (report of the Commission of Inquiry, para. 381 and 395th Report of the Committee, para. 385).
17. 693. Noting with great concern that the Government has not provided any new information on these cases since the publication of the report of the Commission of Inquiry, the Committee regrets to once again recall that in relation to cases of physical or verbal violence against workers and employers leaders and their organizations, the absence of judgements against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union activities [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 108]. In line with its previous recommendations and in accordance with the corresponding recommendations of the Commission of Inquiry, the Committee once again urges the Government and all competent authorities to take all necessary measures without delay to ensure that all of the instigators and perpetrators of the aforementioned attacks are identified and appropriately punished and to ensure that any compensation measures sought by the victims of those attacks are applied. The Committee expects to receive information from the Government without delay on progress made in this regard.
18. 694. The Committee recalls that, in the present case, it has examined serious allegations of the detention and prosecution of employers and leaders of representative organizations in various sectors. The Committee recalls that, in its previous examination of the case, it referred specifically in its conclusions and recommendations to the criminal investigations into the leaders of a meat processing company and a supermarket chain.
19. 695. The Committee notes that the Commission of Inquiry examined the aforementioned three cases, along with other allegations concerning similar situations (report of the Commission of Inquiry, para. 318). As regards the criminal investigations into leaders of a supermarket chain, in relation to which the Committee had requested the Government to inform it of the outcome of the Prosecutor’s Office’s appeal against the judicial decision to close the investigations, the Committee notes that the Commission of Inquiry was informed that a judgement of the Court of Appeal on the matter was still pending. As regards the criminal investigations into the leaders of a meat processing company and a supermarket chain, reported in the context of this case, the Committee deeply regrets that, to date and despite the time that has lapsed, the Government has not provided information on the status of the legal proceedings concerned nor on the measures taken to implement the recommendations related to these allegations. The Committee therefore once again urges the competent authorities to: (i) make every effort to expedite the judicial proceedings that are still under way; and (ii) duly and fully take into account the employers’ right to freely exercise their representative activities. The Committee requests the Government to keep it informed in this regard.
20. 696. Lastly, while welcoming the holding of the various sessions of the social dialogue forum and the measures agreed under the plan of action adopted and updated both in September 2022 and February 2023, the Committee encourages the Government to, in accordance with the process under way before the competent bodies of the Organization, continue to take all necessary measures without delay to fully comply with the requirements of the Commission of Inquiry.