Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the observations of the Confederation of Workers of Venezuela (CTV), received on 15 September 2015. The Committee also notes the observations of the National Union of Workers of Venezuela (UNETE), received on 30 September 2015, and the Government’s reply to them. The Committee further notes the observations of the UNETE, the CTV, the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), received on 8 and 12 September 2016, which refer to the issues under examination. The Committee requests the Government to provide its comments regarding the latter observations.

The Committee notes that a complaint filed under article 26 of the ILO Constitution, alleging non-observance of the Convention by the Bolivarian Republic of Venezuela, presented by a group of Workers’ delegates at the 2016 International Labour Conference, was declared admissible and is pending before the Governing Body.

Article 1(1)(a) of the Convention. Discrimination on the basis of political opinion. The Committee has been referring for some years to acts of discrimination for political reasons against employees of the central and decentralized public administration and state enterprises, and members of the armed forces. These acts include threats, harassment, transfers, deterioration of conditions of work and mass dismissals. The Committee refers in particular to the persistent harassment suffered by workers who supported the referendum to revoke the mandate of the President in 2004 and who are on the so-called “Tascón List”. The Committee recalls that, in its previous comments, it requested the Government to take the necessary measures to ensure that public and private sector workers are not subject to discrimination on the basis of political opinion and to conduct an independent investigation on the basis of the allegations made in order to determine whether discrimination actually persists against workers on the “Tascón List”. The Committee notes the Government’s indication that discrimination on political grounds is contrary to national legislation, in particular articles 57, 89 and 145 of the Constitution. The Committee further notes the Government’s indication that, in 2005, the former President ordered the “Tascón List” to be set aside. However, the Government did not provide information on whether any investigation was being conducted into the allegations concerning the list. The Committee nevertheless notes that the CTV and UNETE report that employees who are not members of the ruling party, do not participate in pro-Government rallies or express opposition to the Government continue to be threatened with dismissal by public servants and that discrimination persists against the workers on the “Tascón List”. The Committee reiterates that protection against discrimination on the basis of political opinion implies protection in respect of the activities of expressing or demonstrating opposition to established political principles and opinions. Furthermore, the general obligation to conform to an established ideology is discriminatory (2012 General Survey on the fundamental Conventions, paragraph 805). The Committee once again requests the Government to take the necessary measures without delay to ensure that public and private sector workers are not subject to discrimination on the basis of political opinion. The Committee also requests the Government to take the necessary measures to ensure that an independent investigation is conducted on the basis of the allegations made in order to determine whether discrimination actually persists against workers on the so-called “Tascón List” and, if so, to take the necessary measures to bring an immediate end to such discrimination and to penalize those responsible. The Committee requests the Government to keep it informed of any developments in this respect.

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