Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

The Committee notes the observations made by the Confederation of Workers of Venezuela (CTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), and the Independent Trade Union Alliance Confederation of Workers (CTASI), received on 30 August 2021, which refer to allegations of discrimination on the basis of political opinion in access to teaching in the public sector, and also to cases of harassment at work and dismissals on the basis of political opinion. The Committee also notes the observations of the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP), received on 8 September 2021. The Committee asks the Government to send its comments in this respect.

Article 1(1)(a) of the Convention. Discrimination on the basis of political opinion. In its previous comments, the Committee noted with concern the allegations made by numerous workers’ organizations concerning acts of discrimination in employment for political reasons (in particular against employees of the public administration and state enterprises) and asked the Government to take the necessary steps without delay to ensure full respect and compliance with the Convention. The Committee also urged the Government to take measures without delay to establish a working group including all the trade union organizations concerned to examine and to deal with all the complaints, and also to consider the development of a system to prevent discrimination and the establishment of mechanisms and institutions to address in an independent manner complaints of discrimination in employment and occupation, particularly on the basis of political opinion. The Committee notes with deep concern that once again several trade union confederations allege acts of discrimination, harassment at work and dismissal on the basis of political opinion in the administration of the State, including discrimination against graduates of the Libertador Experimental Pedagogical University (UPEL), dismissals at the Ministry of Foreign Affairs and the Financial Institution Deposit Guarantee Fund, and the dismissal of over 650 officials, workers and contractual employees at the National Assembly.

In this regard, the Committee notes the Government’s emphatic reiteration in its report that neither persecution nor discrimination against men and women workers or jobseekers on the basis of political opinion is a policy of the State. The Government also refers briefly to the forums for dialogue and consultation with the various social partners, which have been taking place since early 2021 with respect to other ratified Conventions, even though it indicates that some organizations have been “self-excluded” from these bodies. The Government also indicates that the Ombudsman’s Office has competence for protecting fundamental rights and that any person or organization whose fundamental rights have been violated can have recourse to it. The Committee notes that, according to the recent report of the Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela, the activities reported by the Ombudsman’s Office in relation to the large number of complaints and petitions that it receives fall short of fulfilling its constitutional role to further, defend and oversee rights and guarantees established under the Constitution (A/HRC/48/69, 16 September 2021, paragraph 101). In light of the above, taking account of the seriousness and large number of instances of discrimination based on political opinion reported for years by various trade union confederations in the country, the Committee once more firmly urges the Government to take measures without delay to establish a working group involving all the trade union organizations concerned – and including the Ombudsman’s Office, if the parties consider it appropriate – in order to examine and deal with all the complaints in question. The Committee considers that there is an urgent need to consider a system of prevention and mechanisms or institutions to deal independently with complaints of discrimination in employment and occupation, particularly discrimination on political grounds. The Committee asks the Government to provide information on any cases of discrimination on political grounds filed with the Ombudsman’s Office or with any judicial body or dispute settlement mechanism, and also their outcome.

Discrimination on the basis of national extraction. Legislation. With regard to the Committee’s request to the Government, in its previous comments, to take measures to include “national extraction” in the prohibited grounds of discrimination, the Government reiterates in its report the reference to article 21 of the Constitution, section 21 of the Basic Act on labour and men and women workers (LOTTT) of 30 April 2012, and section 37 of the Basic Act to combat racial discrimination of 19 December 2011, the latter referring to discrimination on the basis of “ethnic origin”, “phenotype features” and “national origin”. Taking account of the fact that “national origin” is defined as “nationality of birth or the nationality acquired under specific circumstances”, the Committee once again wishes to emphasize that this formulation does not completely cover the concept of “national extraction” provided for in the Convention, since it would not cover cases of discrimination among persons who, though of the same nationality – and without presenting a specific ethnic origin or phenotype features – are of foreign birth or origin, are descendants of foreign immigrants or belong to groups of different extraction. In this regard, the Committee refers to its general observation of 2018 on discrimination on the basis of race, colour and national extraction. The Committee firmly urges the Government to take the necessary steps to ensure that the legislation explicitly includes national extraction as one of the prohibited grounds of discrimination. The Committee asks the Government to provide information on any measures taken or envisaged in this respect.

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