Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

National extraction. The Committee notes that the Basic Act on Prevention, Working Conditions and the Working Environment (LOPCYMAT) prohibits “any type of discrimination”. The Committee requests the Government to indicate whether, in particular, there are any provisions which limit the exercise of certain activities by Venezuelan citizens on the grounds of differences in origin, such as in the case of those who have acquired Venezuelan nationality, or whether the latter enjoy equality of treatment with Venezuelan citizens by birth.

National policy of equality for women. The Committee notes the creation, on 8 March 2008, of the Ministry for Women’s Affairs, and that the National Institute for Women (INAMUJER) is attached to this Ministry. The Committee notes that information is provided regarding the objectives of the Equality for Women Plan (PIM) but not on the activities developed or their results. The Committee requests the Government to provide a copy of the reports on the action carried out under the Plan and their results, in particular the activities developed to promote equality between men and women in employment and occupation.

Sexual harassment. The Committee notes that, on 17 September 2007, the Basic Act on the Right of Women to a Life Free of Violence was published in the Official Gazette. It notes that section 48 of the Act contains the definition of sexual harassment and establishes prison sentences ranging from one to three years, while section 59 establishes the imposition of fines on any supervisory authority in employment or education centres or establishments of any other kind which, despite being aware of acts of sexual harassment by persons for whom they are responsible, does not take appropriate action to remedy the situation and prevent its recurrence. Furthermore, the legislation provides that sexual harassment constitutes discrimination based on sex and establishes the obligation to provide free legal assistance to persons who allege sexual harassment. The Committee requests the Government to provide information on the application of this section in practice, including the number and nature of complaints lodged and the outcome thereof.

HIV/AIDS. In its previous comments, the Committee noted Decision No. 71 of 29 November 2002 by the Ministry of Labour, according to which testing for HIV antibodies either as a requirement for admission to employment or during employment amounts to discrimination based on health and is a breach of the Constitution. The Committee requested the Government to provide information on the application of this Decision. The Government reports that the mere request by the employer to carry out this test constitutes a discriminatory measure, since article 46(3) of the Constitution establishes the right not to be subjected to testing for HIV antibodies. The Committee asks the Government to provide information on the application of Decision No. 71 of 29 November 2002 in practice, in particular whether there have been cases of alleged violations and the resulting administrative or court decisions.