Migration for Employment Convention (Revised), 1949 (No. 97) - Venezuela (Bolivarian Republic of) (Ratification: 1983)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1 of the Convention. Information on national law and policy. In reply to the request made previously regarding the National Commission on Migration, the Government reports that, although the Commission is not operational, the other competent authorities on migration matters work in constant collaboration. The Government refers to the cross-border mobility card (TMF), a document which facilitates the frequent transit of Venezuelan and foreign nationals who reside in border areas with Colombia. It also refers to some measures, such as the Plan to update the data on the foreign nationals benefiting from Presidential Decree No. 2823 of 3 February 2004, and the Plan to regularize Ecuadorian nationals living in the country as illegal migrants, which are being implemented by the Identity, Migration, and Foreign Nationality Service (SAIME), in the Ministry of the People’s Authority for Internal Relations, Justice and Peace. The Committee asks the Government to specify the policies and measures adopted by the different Government institutions for the benefit of migrant workers. The Committee also requests the Government to continue providing information on the implementation of the regulations for regularization and naturalization of men and women foreign nationals, and to include data on the number of persons who have obtained residence or have been naturalized.

General agreements and special arrangements. In the absence of detailed information on this point, the Committee once again asks the Government to provide information on and copies of all general agreements and special arrangements adopted. It also once again requests the Government to provide information on the content and application of economic and political integration agreements which facilitate immigration and relax the employment requirements for workers from Latin American and Caribbean countries.

Articles 2 and 7. Services and assistance for migrant workers. In reply to the request for information regarding the activities of the Labour Migration Bureau, the Government refers to the mission and duties of and the free nature of the services provided by the Directorate for Labour Migration. The Government adds that social welfare office branches (DPS) are being established at the national level, under the Deputy Minister of Social Welfare of the People’s Ministry for the Social Process of Labour, to provide information and guidance on the legal requirements for labour migration. The Committee requests the Government to provide detailed information on the cooperation between the Labour Migration Bureau and the corresponding services of other member States.

Article 6. Equal treatment. The Committee notes that the Government confines itself to referring to the constitutional and legal provisions in force on equal treatment. The Committee recalls that legislation alone is not sufficient to ensure that migrant workers enjoy equality of treatment with nationals and, consequently, it is essential for States to ensure, particularly through the labour inspection services or other supervisory authorities, the application in practice of these provisions. The Committee once again requests the Government to provide information on the manner in which it is ensured in practice that migrant workers who are lawfully within the national territory are not treated less favourably than nationals with regard to the matters listed in Article 6(a), (b), (c) and (d) of the Convention.

Practical application. The Committee recalls that appropriate data and statistics are crucial in determining the nature of labour migration and inequalities of treatment faced by migrant workers, to set priorities and design measures, and to evaluate their impact and make adaptations where necessary. The Committee refers to its comments on the application of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the Government’s indication that as a result of the implementation of the Regulations on the regularization and naturalization of foreign nationals present on the national territory, it has been possible to grant residence to 435,291 persons and 516,079 persons have been naturalized. The Government adds that although the National Commission on Migration is not operational at present, the various Ministries of People’s Power responsible for internal and external relations, defence, labour, communes and education, together with the National Institute of Statistics, cooperate on the coordination of joint policies, action and measures for the benefit of migrant workers. The Committee highlights the fact that the existence of a body with a specific focus on migrant workers might help to improve monitoring of their situation. The Committee requests the Government to indicate whether measures have been taken or are planned with a view to reviving the National Commission on Migration. The Committee also requests the Government to provide detailed information on the policies adopted and action taken by the various government bodies referred to above for the benefit of migrant workers and on the implementation of the Foreign Nationals and Migration Act. The Committee further requests the Government to continue to provide information on the implementation of the Regulations on the regularization and naturalization of male and female foreign nationals, including the number of persons who have obtained residence or have been naturalized.

General agreements and special arrangements. The Government states that an agreement concerning the abolition of visa requirements was concluded with the Russian Federation in 2009 and a statute on migration was concluded with Ecuador in 2010. The Committee requests the Government to continue to provide information on general agreements and special arrangements concluded by the Government and to provide a copy of these agreements. The Committee also requests the Government to provide information on the content and the implementation of agreements on economic and political integration which facilitate immigration and ease requirements regarding employment for workers from Latin American countries referred to in its previous report.

Articles 2 and 7. Services and assistance for migrant workers. The Committee notes the Government’s statement that the Labour Migration Bureau operates through the Directorate for Labour Migration at the Ministry of People’s Power for Labour and Social Security, which has responsibility at the national level. The Committee requests the Government to provide more detailed information on the specific activities of this Bureau and the services that it provides for migrant workers and whether these services are provided free of charge. The Government is also requested to send information on cooperation between the Labour Migration Bureau and the corresponding departments of other member States.

Article 6. Equal treatment. The Government indicates that migrant workers have the same rights with regard to training as national workers. The Government adds that Venezuelan labour legislation is applied equally to national and foreign workers. The Committee is examining the issue of access to employment and equal remuneration (sections 27–29 of the Organic Act concerning Labour and Male and Female Workers (LOTTT)) in the context of examination of the application of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). Noting that the information provided by the Government is of a general nature, the Committee again requests the Government to provide information on the manner in which it is ensured that migrant workers who are lawfully within its territory are not treated less favourably than nationals with regard to the matters listed in Article 6(a)–(d) of the Convention.

Statistical information. The Committee requests the Government to provide statistical information, disaggregated by sex, country of origin and sector of activity, on migrant workers resident in the country and Venezuelans who have emigrated for employment.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1 of the Convention. Information on national policies, laws and regulations and Part V of the report form. The Committee notes the Government’s indication that its migration policy is based on the following elements: non-discrimination between races, sexes, creeds and nationalities; respect for diversity; responding to the unsatisfied national demand for labour in the socio-productive process; migration towards priority national development areas; full respect for the human rights of the migrant worker and those of his family; and compliance with the international instruments signed and ratified by the Republic. The Committee also notes the promulgation of the Foreigners and Migration Act of 24 May 2004, and the Regulations on the Regularization and Naturalization of Foreigners in National Territory, dated 3 February 2004. The Act reflects the increased and more specific effort made by the Government to unify policies in this area, while the Regulations have helped to regularize the situation of a number of workers. The Committee also notes that a National Migration Commission has been set up under Title VI of the Immigration Act. The Committee asks the Government to provide information on the implementation of its migration policy and of the Foreigners  and Migration Act and the Regulations on the Regularization and Naturalization of Foreigners in practice, as well as on the specific activities carried out by the National Migration Commission to promote the objectives and application of the Convention.

2. General agreements and special arrangements. The Committee notes from the Government’s report that economic and political integration agreements are in place which facilitate immigration and increase the flexibility of requirements for the employment of workers from Latin American countries and the Caribbean. The Committee asks the Government to provide information on the text of these agreements and on their application in practice. Noting the withdrawal of the Bolivarian Republic of Venezuela from the Andean Community of Nations, the Committee would like to receive information on the current treatment and conditions of migrant workers from countries belonging to the Community who settle in the country.

3. Articles 2 and 7. Services and assistance for migrant workers. The Committee notes the Organic Act on the employment services system of 30 December 2002, section 17 of which establishes the Labour Migration Service aimed at “channelling the requests for foreign migrant workers made by employers in the public or private sector with a view to authorizing their admission into the labour market, so as to cover the unsatisfied demand for skilled labour in the country’s priority development areas”. The Committee asks the Government to provide more detailed information on the specific activities of the Labour Migration Service.   It also asks the Government to indicate any measures taken or envisaged in cooperation between the Labour Migration Service and equivalent services of a similar nature found in other member States bound by the Convention.

4. Article 6. Equality of treatment. The Committee notes section 18 of the Organic Act on the employment services system, 2002, which sets forth the obligation of migrants to provide training to local workers. It should be recalled that in order for this provision to be consistent with Article 6 of the Convention, it must not contain any measures implying less favourable treatment than that applied to national workers, including in respect of conditions of work. The Committee therefore asks the Government to indicate whether migrant workers enjoy the same rights in respect of training as national workers. The Committee would also be grateful if the Government would provide information on the implementation of its policy on equality of treatment between nationals and migrant workers in respect of the matters listed in Article 6, paragraphs (a), (b), (c) and (d), of the Convention.

5. Statistical information. The Committee notes the information provided in the Government’s report concerning a study which is currently being prepared on the characteristics of the migrant worker population in the Bolivarian Republic of Venezuela. The Committee also notes section 27 of the Foreigners and Migration Act which provides that the ministry responsible for immigration and migration, in the performance of its monitoring duties, shall ensure that the statistical information on migrant workers is kept updated. The Committee hopes that this study will take into account issues relating to gender equality and the feminization of the migratory trend and would be grateful if the Government would provide information on this study once it is completed. The Committee would also like to receive statistical information, disaggregated by sex, place of origin and sector of employment, in respect of the migrant workers residing in the Bolivarian Republic of Venezuela and the Venezuelan nationals residing abroad.

6. Annexes I and II. The Committee regrets not having received concrete information on the measures adopted or envisaged to regulate the activities of private agencies or to encourage self-regulation in order to protect migrant workers from any abuse, or on the penalties imposed for infringements, particularly with regard to misleading advertising. The Committee therefore reiterates its previous request to the Government to provide detailed information in respect of Annexes I and II of the Convention on the proliferation of private agencies.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee noted in its General Survey of 1999 on migrant workers (see paragraphs 5-17), that the extent, direction and nature of international labour migration have undergone profound changes since the Convention was adopted. The Committee therefore asks the Government to provide copies of any new provisions of law or regulations adopted, together with up-to-date information on its emigration and immigration policy, in reply to the questions contained in the report form on the Convention. It would also be grateful if the Government would state how the current trends in migration flows have affected the content and implementation of its national policy and legislation on emigration and immigration.

2.  In view of the growing role of private agencies in the international migration process, the Government is asked to state whether this tendency has had any repercussions on the application of Annexes I and II of the Convention which deal with recruitment, placing and conditions of labour of migrants recruited otherwise than under government-sponsored arrangements for group transfer and migrant workers recruited under government-sponsored arrangements for group transfer. If so, the Committee would be grateful if the Government would state the measures that have been taken or are envisaged to regulate the activities of private agencies or encourage self-regulation in order to protect migrant workers from any abuse. Please also specify the penalties for infringements, particularly misleading advertising.

3.  The Committee also asks the Government to provide information on the application in practice of its policy on equal treatment for national workers and migrant workers in respect of the subjects listed in subparagraphs (a), (b), (c) and (d) of Article 6 of the Convention. Recalling that under paragraph 1 of this Article, every State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in subparagraphs (a) to (d) of this Article, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on a par with their male counterparts, foreign or otherwise, in respect of working and living conditions, social security, work-related taxes, and access to the justice system - in view of the growing feminization of migration for employment (see paragraph 20-23 and 658 of the abovementioned General Survey).

4.  Article 8.  Since this was one of the provisions cited most often by governments, at the time of the General Survey (paragraphs 600-608), as being difficult to apply, the Committee requests the Government to provide information on how the right of migrant workers admitted on a permanent basis to reside in the county in the event of incapacity to work is maintained in practice.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the detailed information supplied in the Government's report. It requests the Government to continue to supply such information on developments in the application of the Convention in Venezuela.