Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Discrimination on the basis of political opinion. The Committee has been referring for some years to the observations made by the National Single Federation of Public Employees (FEDE–UNEP) and the Confederation of Workers of Venezuela (CTV) concerning threats, harassment, transfers, the worsening of working conditions and the dismissal of employees of the Central and Decentralized National Public Administration due to their participation in the collection of signatures to initiate a referendum to revoke the public offices assigned by popular election. The names of the workers who signed the proposal for a referendum were, according to the trade union organizations, published prior to their dismissal on a list on the Internet (known as the Tascón list), which was used as a source of information for reprisals. According to the observations made by the CTV in 2007, such reprisals continued despite the indication by the President of the Republic that the list should be discarded. The Committee has also been referring since 2007 to: (1) the observations made by the CTV concerning the dismissal of 19,500 workers from Petróleos de Venezuela (PDVSA) which, according to the CTV, were motivated by political reasons; (2) the pressure exerted on public officials to join the political party established by the President of the Republic; and (3) the requirement for soldiers and officers to shout the slogan “fatherland, socialism or death”, under the menace of the threat by the President of the Republic that anyone not prepared to do so must resign.

In this respect, the Committee notes the Government’s indication that the dismissal of workers from the PDVSA consisted of a labour measure adopted against a group of workers on the basis of their failure to discharge their work-related duties and violations of the national Constitution and laws. According to the Government the active and flagrant participation by this group of workers in disputes, sabotage and unlawful paralysis of the oil industry was noted by the competent bodies of the State. The Government adds that it has the necessary measures to avoid any discriminatory act or practice against citizens and that there is a legal framework as well as bodies entrusted with remedying and penalizing failure to comply with the legal and constitutional provisions prohibiting discrimination. The Government refers once again to article 67 of the Constitution and indicates that it is not compulsory to belong to a political party. In this respect, the Committee notes with deep regret that the Government has confined itself once again to reiterating its previous comments and has not provided additional information. The Committee notes in particular that, although the Government indicates that the events which occurred in the PDVSA were the subject of an investigation by State bodies, it does not indicate precisely which body undertook the investigation, nor does it attach a copy of the findings of the investigation. The Committee has indicated that, in protecting individuals against discrimination in employment and occupation on the basis of political opinion, the Convention implies that this protection shall be afforded to them in respect of activities expressing or demonstrating opposition to established political principles, since the protection of opinions which are neither expressed nor demonstrated would be pointless (see the General Survey of 1988 on equality in employment and occupation, paragraph 57). The Committee once again strongly urges the Government to:

• (i) take all the necessary measures to conduct an independent investigation into the alleged acts and to provide specific information on its findings; and
• (ii) take concrete measures to ensure that workers in both the public and private sectors are not subjected to discrimination due to their political opinions, and to provide information on the results achieved in this respect.

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