Report in which the committee requests to be kept informed of development - Report No 295, November 1994

Case No 1739 (Venezuela (Bolivarian Republic of)) - Complaint date: 06-SEP-93 - Closed

1. 389. The complaint in this case is contained in a communication from the Latin American Central of Workers (CLAT) dated 6 September 1993. The Government sent its observations in communications dated 31 May and 30 September 1994.
2. 390. Venezuela has ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 391. In its communication of 6 September 1993, the Latin American Central of Workers (CLAT) alleges that Mr. Felipe Muñoz Key, a worker of the Vargas Hospital and member of the Hospitals and Clinics Trade Union of the Federal District and State of Miranda, of the National Federation of Health Workers (FETRASALUD) and of the United Federation of Workers of the Federal District and the State of Miranda (FUT), was murdered on 25 August 1993. The complainant organization adds that Mr. Muñoz Key's son was injured and a policeman died on the same occasion.
2. 392. The complainant organization states that Mr. Muñoz Key received threats in the days prior to his murder and had even been abducted for 24 hours. Finally, the complainant organization points out that Mr. Muñoz Key had reported irregularities which took place at the Vargas Hospital and that on the day of his murder his name appeared on a list of candidates which obtained the highest number of votes in trade union elections.

B. The Government's replies

1. 393. In its communication of 31 May 1994 the Government states that a judicial investigation is under way to ascertain the reasons behind the murder of Mr. Felipe Muñoz Key and to determine who is responsible, but that since this case is now in the indictment phase it is not possible to provide any specific information concerning the investigation. Furthermore, the Government reports that after requesting information from the National Federation of Health Workers (FETRASALUD) and the United Federation of Workers of the Federal District and State of Miranda (FUT), it was possible to determine that Mr. Muñoz Key was a kitchen worker at the Vargas Hospital of Caracas, that he was not an enterprise trade union delegate and that the list in which he was presented for the trade union elections did not obtain the highest number of votes in trade union elections (it adds that Mr. Muñoz Key was the second candidate on the list). Furthermore, the trade union organizations reported that they were not aware of threats made against Mr. Muñoz Key or of his subsequent abduction.
2. 394. In its communication of 30 September 1994, the Government states that the person suspected of murdering Mr. Muñoz Key has been arrested. The judicial investigation is continuing in the indictment phase. According to the Government, the murder was carried out by the mob and not as described by the complainant organization.

C. The Committee's conclusions

1. 395. The Committee profoundly regrets the murder of Mr. Muñoz Key, a trade unionist and member of the Hospitals and Clinics Trade Union of the Federal District and State of Miranda, and the death of a policeman, as well as the injuries sustained by the son of Mr. Muñoz Key. The Committee notes that according to the Government a judicial investigation is under way to determine the reasons for the murder of Mr. Muñoz Key and that the person suspected of this murder has been arrested. Moreover, the Committee notes that Mr. Muñoz Key was not a trade union delegate, although he was a candidate in trade union elections which he did not win. The Committee trusts that the investigation will be concluded without delay so as to establish the facts, determine who is responsible and severely punish the guilty parties. The Committee urges the Government to take the necessary measures in this regard and to keep it informed of the outcome of the judicial investigation under way and to ensure that the investigation also covers the injuries sustained by Mr. Muñoz Key's son.
2. 396. The Committee draws the attention of the Government to the fact that a climate of violence aimed at trade union leaders and their families does not encourage the free exercise of the trade union rights set out in Conventions Nos. 87 and 98, and that all States have the duty to guarantee their respect. The Committee urges the Government to take all measures in its power to ensure respect for this principle.

The Committee's recommendations

1. 397. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee profoundly regrets the murder of the trade unionist Mr. Muñoz Key and of a policeman, as well as the injuries sustained by the son of the above-mentioned trade union leader. The Committee trusts that the judicial investigation under way will be concluded without delay and that it will be possible to establish the facts, determine who is responsible and severely punish the guilty parties. The Committee urges the Government to take the necessary measures in this regard and to keep it informed of the outcome of the investigation and to ensure that it also covers the injuries sustained by the son of Mr. Muñoz Key.
   • (b) Drawing the attention of the Government to the fact that a climate of violence aimed at trade union leaders and their families does not encourage the free exercise of the trade union rights set out in Conventions Nos. 87 and 98, and that all States have the duty to guarantee their respect, the Committee urges the Government to take all measures in its power to ensure respect for this principle.