Interim Report - Report No 324, March 2001

Case No 2067 (Venezuela (Bolivarian Republic of)) - Complaint date: 03-FEB-00 - Closed

Allegations: Anti-union legislation, suspension of collective bargaining following a decision by the authorities, convening of a national referendum to replace the trade union movement by an organization allied to the Government

1. 940. The complaint is contained in communications from the International Confederation of Free Trade Unions (ICFTU) (3 February, 29 August and 7 and 13 December 2000), the Venezuelan Workers' Confederation (CTV) (22 August, 19 September and 17 November 2000), the Trade Union of National Assembly Legislative Workers (SINOLAN) (9 November 2000) and the Trade Union Federation of Communications Workers of Venezuela (FETRACOMUNICACIONES) (22 November 2000). The Latin American Central of Workers (CLAT) supported the CTV's complaint. The Government sent its observations in communications dated 16 May 2000, 10 January and 8 February 2001.
2. 941. Venezuela has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants' allegations

1. 942. In its communication of 3 February 2000 the International Confederation of Free Trade Unions (ICFTU) expresses its concern about the passing by the National Assembly of a number of Decrees allegedly intended to guarantee freedom of association; ICFTU indicates that the situation of emergency in the country which was declared by the National Assembly, was used as the grounds for it to legislate a series of measures that flagrantly violate ILO Conventions Nos. 87 and 98. The ICFTU expresses its sincere appreciation for the ILO's efforts to resolve this situation by immediately sending a mission which was able to appoint a joint committee responsible for reaching agreement on the terms of the Decrees under preparation. Regrettably, the agreements were not respected and the Decrees passed are not compatible with the rights contained in Conventions Nos. 87 and 98.
2. 943. In its communication of 22 August 2000, the Venezuelan Workers' Confederation (CTV) alleges that on 28 June 1999 the Federation of Oil, Chemical and Allied Workers of Venezuela (FEDEPETROL), affiliated to the CTV, and the Venezuelan Federation of Workers of Hydrocarbons and their Derivatives (FETRAHIDROCARBUROS) presented the Ministry of Labour with a draft collective agreement to be negotiated with PDVSA Petróleo y Gas S.A., a public trading company which acts as the Venezuelan industrial parent or holding oil company. The negotiations were initiated on 20 September 1999 at the Ministry of Labour. In addition to the trade unions that had signed the draft agreement, the meeting was also attended by the National Trade Union of Petroleum Industry and Allied Workers (SINTRAIP). On 4 October 1999 at the offices of PDVSA Petróleo y Gas S.A., the trade union organizations (FEDEPETROL, FETRAHIDROCARBUROS and SINTRAIP) agreed to join forces in the negotiation of the collective agreement. Subsequently, on 5, 6, 13, 14, 18, 19, 26, 27 and 28 October 1999; 1, 2, 8, 10, 18, 22, 23, 25 and 29 November 1999; 1, 7 and 8 December 1999; and, lastly, 11, 18 and 24 January 2000, at the offices of the PDVSA, negotiations were conducted and agreement reached on the draft agreement which gave rise to the process. On 17 November, at the Ministry of Labour, the parties signed an agreement relating to aspects that had been controversial during the negotiations, more specifically the system of social benefits and the scope and implementation of the provisions of the collective agreement to employees of contractors.
3. 944. The complainant goes on to state that, despite this agreement, on 30 January 2000 a Decree was approved by the National Assembly and published in Official Gazette No. 36,904 of 2 March 2000, ordering the suspension of discussions of collective recruitment by Petróleos de Venezuela S.A. and authorized the National Executive to establish the conditions to govern collective recruitment in the National Public Administration. On 24 January 2000, PDVSA Petróleo y Gas S.A. unilaterally and in apparent compliance with the contested Decree, which was not published on the date it was passed (30.1.2000), suspended negotiations. The complainant specifies that the Decree in question has the following objectives: (1) to bring the industrial relations framework into conformity with prevailing constitutional provisions; (2) to maintain and gradually improve the standard of living of workers; and (3) to respond to the emergency situation prevailing in the country declared by the National Assembly. Section 1 of the Decree suspends negotiations on the basis of the alleged emergency declared by the National Assembly. However, no reference is made to the regulatory instrument in which this declaration was issued and consequently the Decree was based on a false supposition which constitutes sufficient grounds for it to be declared entirely invalid, which is in fact what was requested in the actions of unconstitutionality lodged with the Supreme Court of Venezuela, copies of which were attached to the complaint. To date, no decision has been handed down concerning these actions, nor on the interim protective measures requested of the court in both cases to make it immediately possible to exercise the right to bargain collectively and to freedom of association.
4. 945. In effect, the suspension of the right to bargain collectively, being an essential and inalienable element of a fundamental human right - freedom of association - and one of the specific and appropriate ways to improve workers' living conditions, could only have as a material cause an event of the magnitude of a declaration of emergency, which presupposes a serious economic crisis and the material impossibility of the Republic to provide the basic fundamental needs of its workers. This hypothesis did not occur and the Decree had repercussions on a constitutional right on the basis of false and non-existent grounds. Also, section 3 of the Decree authorizes "the National Executive to establish the conditions to govern the collective recruitment of the National Public Administration, both centralized and decentralized, including state enterprises in accordance with prevailing constitutional provisions". In this way, the Decree:
   • - assumes and determines that the negotiation of the collective agreement that will govern the conditions of work of national petroleum industry workers is suspended following a decision by a public authority agency, in violation of the right to collective autonomy enjoyed by the parties and, in addition, of the principle of non-interference which governs the fundamental human right of freedom of association;
   • - weakens the right to collectively bargain working conditions in the National Public Administration, both centralized and decentralized, and grants the National Executive the authority to "establish the conditions to govern collective recruitment", including in state enterprises governed by private law;
   • - lastly, it revokes "all the legal and regulatory provisions that are contrary to this Decree" (section 6) meaning that it ceases to apply or revokes, as appropriate, the entire collective bargaining system established in the Labour Code in keeping with the Constitution and the international Conventions validly signed by the Republic on the right to the voluntary collective bargaining of working conditions.
5. 946. The complainant explains that the Decree issued by the National Assembly is dated 30 January 2000 but was published in the Official Gazette on 2 March 2000, that is over one month later when, as is publicly and widely known, a dispute resulting in a strike of oil workers broke out. Another Decree of the same date approved the "measures to guarantee freedom of association". The legal basis of the Decree in question is derived from (according to its heading) section 1 of the Statutes Governing the Operation of the National Assembly on the one hand, and on the other, by the only section in the Decree which pronounces the reorganization of all the public authority agencies, passed on 12 August 1999 and published in Official Gazette No. 36,764 of 13 August 1999. The introductory clauses to the Decree specify as follows:
   • (a) "that Venezuela is a founding member of the International Labour Organization (ILO), and as such has accepted the principles and rights set forth in its Constitution and has committed itself to making every effort to achieve the general objectives of that Organization" (No. 2);
   • (b) that freedom of association is one of the fundamental rights established in the national Constitution and that our country has ratified ILO Conventions Nos. 87 and 98 "which contain, inter alia, guarantees of the right of workers to establish without previous authorization, organizations of their own choosing, to join or to leave them and to elect their representatives, without interference from the public authorities (…)" (No. 3);
   • (c) "that article 23 of the Constitution of Venezuela confers constitutional status on treaties, covenants and conventions concerning human rights ratified by Venezuela and declares them to have priority application (…)" (No. 4);
   • (d) "that the emancipation of workers should be through their own efforts and therefore it is for them to decide to eliminate flaws and bring about a radical change of attitudes, conduct and behaviour that will lead to a new culture of trade union action" (No. 6);
   • (e) "that the progress and well-being of workers is linked to the strength of their trade union organizations, to the honesty and legitimacy of their leaders and to the level of independence that these organizations have from the State, from the employers and from political organizations" (No. 7).
6. 947. Nevertheless, in contravention of the above clauses, of standards with constitutional status, of international Conventions relating to the fundamental human right of freedom of association which has constitutional status in Venezuela, and of the Labour Code, the amendment of which is not the responsibility of the National Assembly, the Decree in question:
   • - provided for the constitution of a "National Trade Union Electoral Commission made up of four representatives from each of the national workers' confederations: the Venezuelan Workers' Confederation (CTV), the General Confederation of Labour (CGT) and the Single Confederation of Workers of Venezuela (CUTV), four from non-affiliated trade unions, four from the New Trade Unionism (NS) and four from the Workers' Constituent Front (FCT). This Commission will guarantee that free, democratic, universal, direct and secret elections are conducted to elect the executive officers of workers' organizations" (section 1) [the complainant states that the Confederation of Autonomous Trade Unions (CODESA), a legal trade union confederation, is not included in the Decree, with no justification offered. In addition, two organizations not registered with the Ministry of Labour, as is obligatory, as trade union confederations or third-level organizations, namely "the New Trade Unionism" (NS) and "the Workers' Constituent Front" (FCT), are given the same representation rights as the registered trade union confederations, particularly the Venezuelan Workers' Confederation (CTV), whose status as the most representative trade union confederation has been accredited by the national Government to the Conference of the International Labour Organization (ILO) in an uninterrupted fashion];
   • - granted the Commission the authority to call a referendum to allow the workers to decide on trade union unity, making it clear in the same provision that "if any trade union decides to remain on the margin of the process of trade union unification, it will automatically be excluded from the National Trade Union Electoral Commission" (section 3);
   • - "The National Trade Union Electoral Commission will set the date for the elections, will notify the workers, will set up the polling stations which will be at their workplaces, except for cases of force majeure, will count the votes and will announce the names of those elected. Each list of candidates will have at least one witness for all electoral proceedings" (section 4);
   • - "The electoral list or roll is made up of all active workers, retired and pensioned workers, employees, rural workers, professionals, scientists and intellectuals affiliated to trade union organizations, and the workers who become affiliated to them within a judicious period of time as determined by the National Trade Union Electoral Commission, which will resolve any refusal to become affiliated concerning its workers and trade union organizations (…)" (section 5);
   • - "The National Trade Union Electoral Commission will strictly comply with the provisions of article 95 of the Constitution of Venezuela. With regard to the sworn financial declaration, this must be submitted by the person concerned when he or she stands as a candidate for trade union representation or executive position and at the end of his or her term of office. In this connection, periodic reports must be presented to the workers about the administration of the property and resources of the organization and severe sanctions should be established against all unethical acts in the exercise of trade union duties" (section 6);
   • - "The National Assembly will appoint three of its members, together with one member appointed by the National Electoral Council, to be responsible for the entire process of democratization and reunification of the Venezuelan trade union movement" (section 7).
7. 948. The complainant considers that the Decrees referred to expressly and directly violate ILO Conventions Nos. 87 and 89 and the Constitution of Venezuela:
   • Article 95. All workers, without distinction whatsoever, and without the need for prior authorization, have the right freely to form trade unions that they consider to be appropriate in order to best defend their rights and interests, and to join or refuse to join these organizations, in conformity with the law. These organizations are not subject to administrative intervention, suspension or dissolution. These workers are protected against all acts of discrimination or interference contrary to the exercise of these rights. The officers and officials of the trade union organizations shall enjoy immunity in the exercise of their functions during the period of their mandate.
   • For the exercise of trade union democracy, the by-laws and rules of trade unions shall include provision for alternation of officials and officers through a direct and secret ballot of all the members. The officials and officers who abuse the benefits associated with freedom of association for their personal wealth or interest will be punished in accordance with the law. The officers are required to submit a sworn statement of their financial holdings.
   • Article 96. All workers, in the public and private sector have the right to voluntary collective bargaining and to conclude collective agreements with no further requirements than those established by law. The State shall guarantee their development and will take the necessary measures to promote collective relations and to resolve labour disputes. The collective agreements will protect all active workers, at the time of their signature and those who join subsequently.
8. 949. The Decrees also violate article 8.1(a) and (c) of the International Covenant on Economic, Social and Cultural Rights (1966), ratified by Venezuela, which reads:
   • The States Parties to the present Covenant undertake to ensure:
     • (a) the right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others;
     • (c) the right of trade unions to function freely subject to no limitations other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public order or for the protection of the rights and freedoms of others.
   • 950. The CTV emphasizes that the constitutional status of the provisions quoted is the result of article 23 of the Constitution of Venezuela, which stipulates that: "Human rights treaties, covenants and conventions, signed and ratified by Venezuela, shall have constitutional status and take precedence over internal legislation, to the extent that they contain standards that are more favourable than those established in the Constitution and national legislation. These treaties, covenants and conventions shall have immediate effect and are to be applied directly by the courts and other public bodies".
9. 951. In its communication of 29 August 2000, the ICFTU provides information regarding the intention of the top management of the enterprise Petróleos de Venezuela S.A. (PDVSA), to refuse to recognize the collective bargaining process it is conducting with its workers. Following the Decree issued by the former National Assembly in which the process of collective bargaining was suspended between PDVSA and the sector's trade union organizations, the Federation of Oil, Chemical and Allied Workers of Venezuela (FEDEPETROL) lodged an action for constitutional protection before the Supreme Court and a number of trade union organizations, including the ICFTU, presented a complaint against the Venezuelan Government to the ILO Committee on Freedom of Association for the violation of ILO Conventions Nos. 87 and 98. Given that the period fixed in the Decree to resume negotiations on the agreement is about to end, the ICFTU notes that the conducting of trade union elections in the industry, one of the conditions mentioned in the Decree, has not been carried out. It should be specified that this election process, to which the trade union federations have at no time expressed any opposition, did not take place for reasons unrelated to actual trade union dynamics and even to the actual industry. Nevertheless, the top management of the enterprise, without the participation of the trade unions, nor of the Ministry of Labour, and without the supervision of the National Electoral Council (the only body authorized to carry out such assessments) undertook a "consultation" of its workers on a "modern agreement" which would replace the one currently under negotiation.
10. 952. The ICFTU indicates that the results of the consultation were announced and, according to the companies' officials, its proposal was approved by 56 per cent of participants, on the basis of which it is preparing to negotiate the new contract with its workers. However, the trade unions allege that the consultation was fraudulent. In addition, the legality and legitimacy of that consultation have even been questioned by the Ministry of Labour. For these reasons, the ICFTU rejects the use by the PDVSA of mechanisms which weaken the right to collective bargaining of its workers and the representativeness and legality of its trade union organizations.
11. 953. With its communication of 19 September 2000, the CTV attaches some documents containing information of an aggressive and hostile nature from the authorities against the CTV, collected by various print media of Venezuela, as documentary proof in support of their complaint. This information indicates the participation of the President of the Republic in the activities of an allied organization, the Bolivarian Workers' Force, where he criticized the CTV.
12. 954. In their communications of 17 and 22 November 2000, the CTV and the Trade Union Federation of Communications Workers of Venezuela (FETRACOMUNICACIONES) criticize the fact that the National Electoral Council prohibited for a third consecutive time the holding of trade union elections, the calling of a referendum of all the country's voters on whether to unify and re-legitimize trade union executive officers, the convening of a workers' constituent assembly (something that does not exist in legislation) and the first discussion approval by the National Assembly of a draft Bill for the protection of trade union freedoms and guarantees, which constitutes a flagrant violation of Convention No. 87.
13. 955. With its communication of 7 December 2000, the ICFTU sent copies of letters from various trade union organizations (submitting complaints to the ILO) about acts which violate Conventions Nos. 87 and 98. These are summarized below:
    • - The Workers' Federation of the State of Yaracuy (FETRAYARACUY), alleges that the National Electoral Council, made up of trained activists of President Chávez, for the third consecutive time prohibited the holding of trade union elections on the basis of regulations absolutely contrary to Convention No. 87, to legislation and the Constitution. The National Assembly, the overwhelming majority of which is controlled by the President of the Republic, called a referendum, the objective of which is to consult all the country's voters, including employers, students, housewives, the military, the unemployed, etc., on whether to modify, restructure, democratize and re-legitimize trade union executive committees and on the convening of a constituent assembly of workers, something which is non-existent in the country's legislation. In addition, the National Assembly, dominated by the coalition of President Hugo Chávez, approved following its first discussion the Bill for the protection of trade union freedoms and guarantees, and threatens to remove the existing trade unions and federations and replace them by a pseudo trade union body formed according to the image and usage of the Government and the President. This constitutes an offence against freedom of association, against the country's principal trade union confederation, the CTV, and against the entire Venezuelan democratic trade union leadership, who are being called bandits and corrupt, although to date no trade union leaders have been accused before the courts of justice or sent to prison. The CTV is a confederation which has been developing, introducing far-reaching changes in its organization, and which has achieved significant democratic advances and modernization in recent years. It is important to stress the severity of the situation, particularly the abuse of power and interference of the Government of President Chávez in the operation of trade union organizations and the control they have over the National Electoral Council, the National Legislative Assembly and the Supreme Court entities appointed through personal contacts.
    • - The Union of Telecommunications Workers and Employees of the State of Yaracuy claims that Venezuela is experiencing a crisis of democratic values, manifestly designed to eliminate any institution or individual which disagrees with the opinion of the President of the Republic. The elimination of trade union structures is not exempt in this regard: with considerable difficulty they have become one of the very few strongholds to resist the merciless attacks of the political regime which is today oppressing the people, and the workers in particular. Interference in the affairs of workers and trade unions by this Government is simply unacceptable, and it is trying, by way of an unconstitutional referendum, to take possession of the executive committees of the trade unions and to undermine the rights to affiliation and to establish their own statutes; it is an insult to the respect of the most elementary human rights. The people, particularly the working class, suffer constant harassment intended deliberately to intimidate them so that they will not take to the streets to defend their sacred rights, leaving the trade union executive committees virtually isolated at this critical juncture.
    • - The Trade Union of Workers in the Service of the Regional Executive of the State of Yaracuy rejects the acts of aggression and the impositions suffered by Venezuelan workers at the hands of the Government of President Hugo Chávez. With the authority given to it by the majority of the constituents of the National Assembly, the Government approved a trade union referendum to be conducted on 3 December 2000 concerning a question that would invalidate all trade union organizations, from the CTV to the most humble trade union, and in which non-unionized citizens would also be entitled to vote. Furthermore, currently (at the end of 2000) the National Assembly is in the process of discussing a draft Bill for the protection of trade union guarantees and freedoms, sections 23 and 24 of which clearly establish the suspension of all trade union executive officers whose periods of office have been completed, as well as the fact that they may not be re-elected or occupy other positions within the organizations. This would invalidate all trade union executive committees (on three occasions, by way of resolutions issued by the National Electoral Council, the inspection body for all electoral processes, the head of which is appointed by the Chávez Government, the electoral processes were suspended for all workers' organizations). The aim of President Chávez is to eliminate the current trade union leaders and replace them with leaders attached to the Government; this is the objective of the referendum and of the passing of the abovementioned Bill, together with an orchestrated smear campaign directed by the President of the Republic himself, who has branded the CTV leaders as corrupt and dishonest.
    • - The Trade Union of Civil Servants of the Government of the State of Yaracuy (SEPGEY) states that it is incomprehensible and unheard of for the Government of President Hugo Chávez to seek to conduct elections, including a referendum, to oblige the general public to give their views on a matter that only concerns workers, who are the ones who know the organization to which they belong; this violates the provisions of the statutes of each trade union organization, and also the Labour Code, as a worker must be affiliated to be entitled to vote. Furthermore, the political slant the Government has given to this referendum is clear, and this constitutes nothing less than a violation of all the standards, laws and constitutions that the country has had.
    • - The Single Trade Union of Agricultural, RN (National Resources), National Park, Garden and Allied Workers of the State of Yaracuy indicates that the President of the Republic is calling a trade union referendum in which it wants all those registered on the standing electoral register to vote, thus violating the international agreements signed by Venezuela. This organization is not opposed to trade unions being made more democratic and brought up to date, as long as it is the actual organized workers themselves who appoint their own representatives.
14. 956. In its communication of 9 November 2000, the Trade Union of National Assembly Legislative Workers (SINOLAN) alleges transfers of its leaders in violation of the prevailing collective agreement.
15. 957. In its communication of 13 December 2000 the ICFTU alleges that the referendum of 3 December 2000 imposed on the Venezuelan people by the Government of President Chávez is intended as a direct attack on the trade union movement elected according to the statutes and to do away with its leadership in order to make room for another movement more favourably disposed to the Government. On 29 November 2000 an international trade union delegation began a mission in Caracas in a desperate attempt to persuade President Hugo Chávez to stop his plans to dismantle his country's trade union movement. The ICFTU explains that President Hugo Chávez is organizing this referendum - which will not be free and independent - in conjunction with the local elections, with the aim of dissolving the four principal trade unions of Venezuela and replacing them by a made-to-measure puppet organization to serve the Government's interests. The principal target is the Venezuelan Workers' Confederation (CTV), which is the country's largest trade union confederation and which is affiliated to the ICFTU. Mr. Javier Elechiguerra, the Public Prosecutor of Venezuela, yesterday asked the country's highest court, the Supreme Court, to suspend the referendum of 3 December 2000 on the grounds of unconstitutionality. He considers that the referendum "is an attack on freedom of association and the right of citizens to participate in national affairs, as recognized in articles 70 and 71 of the Constitution of Venezuela". The ICFTU fears that if President Chávez achieves his objectives, his actions will serve as inspiration for other anti-union governments. Recently, the President publicly attacked the leaders of the CTV, but as early as the beginning of August 1999, President Chávez made known his plans with respect to the Venezuelan trade union movement, threatening to dismantle it - by way of legislation promulgated by the Assembly - and to dismiss all trade union leaders. The announcement led to an overwhelming protest by trade union confederations all over the world and caused the ILO to send its first mission to the country. On that occasion the draft legislation was abandoned, but President Chávez's plans resurfaced once again at the beginning of 2000.
16. 958. The ICFTU considers that the referendum - which will be conducted in conjunction with the municipal elections - is contrary to the international Conventions ratified by Venezuela. In a declaration published in Caracas at the end of its visit to Venezuela, the members of an ICFTU international trade union delegation considered that the authoritarian actions of the Venezuelan Government "constituted a serious threat to democracy".

B. The Government's reply

1. 959. In its communications of 16 May 2000 and 10 January 2001 the Government states with regard to the national trade union referendum that international Conventions are instruments which create legal obligations when they are ratified. In accordance with article 19(5)(d), of the ILO Constitution, a State that ratifies a Convention commits itself to taking such action as may be necessary to make effective the provisions of the Convention. The obligation does not consist only of incorporating the Convention into national legislation, but also involves the need to ensure its application in practice. In accordance with Venezuela's constitutional provisions, ratified Conventions acquire the force of national law. The Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), adopted by the International Labour Conference at its 31st Session in San Francisco on 17 June 1948, ratified by Venezuela on 20 September 1982, published in Official Gazette No. 3,011, extraordinary edition, dated 3 September 1982, is contained in article 95 of the Constitution of Venezuela.
2. 960. In the text submitted for the national trade union referendum in Venezuela on 3 December 2000, the Government asked:
   • Are you in agreement with the renewal of trade union executive officers over the next 180 days under the special statute developed by the electoral authority in accordance with the principles of alternation and universal, direct and secret elections, contained in article 95 of the Constitution of Venezuela, and that during this time the leaders of the trade union confederations, federations and central organizations established in the country be suspended from their duties?
3. 961. The Government indicates that, according to the provisions of clause 2 of article 71 of the Constitution of Venezuela, a popular referendum can be conducted as this is a matter of national importance. Articles 2, 3, 4 and 8 of Convention No. 87 specify the rights of workers to establish trade union organizations, to join them, to draw up their own regulations and stipulate that their rights shall not be ignored, infringed upon or revoked by any law or administrative instrument. However, none of this is intended to disregard or infringe upon any agency of the Venezuelan public authorities, but rather seeks to ensure that these provisions are complied with in practice by establishing real freedom of association, which must be obtained by consulting the sovereign people, since the traditional trade union leadership has taken hold and strengthened itself in such a way as to prevent its removal through the ordinary channels of the exercise of the rights of the workers themselves. It is the duty of the Venezuelan Government to safeguard workers' rights and in particular to ensure that they can organize themselves freely without falling victim to freedom of association restrictions.
4. 962. The Government indicates that true freedom of association has not existed in Venezuela, because during the Fourth Republic the trade union movement was (and still is) monopolized by a leadership comprising senior officials from the parties that dominated the political scene in an authoritarian, exclusive and hegemonic manner, who imposed the rules of the game, making trade unionists instruments of the party leadership. This trade union leadership managed the Venezuelan Workers' Confederation (CTV) as it pleased, shunned the true essence of trade union activities, turned its back on the interests of the working class and enriched itself illegally at the expense of that class, without international institutions and bodies taking an interest in condemning such wickedness and maintaining - on the contrary - a complicit silence. The aim of the referendum is for the Venezuelan people, the sole masters of their destiny, to decide whether this leadership remains or should make way for the establishment of democracy in the labour sphere of the country and to allow authentic, freely chosen leaders to assume the leadership of the organized working class. There is no intention to replace one trade union monopoly by another; the objective is to institute authentic freedom of association which, directed along organizational channels, will strengthen the workers, which will in turn serve as a guarantee of social peace for employers with social awareness, with the resulting increase in investment.
5. 963. The Government adds that it respects compliance with the international obligations contracted by the Republic but it is also the jealous guardian of sovereignty and the executor of the legitimately expressed will of the people. The referendum planned to decide the fate of the trade union leadership in Venezuela does not contravene the obligations contracted under international Conventions with the ILO nor any provisions of the prevailing national Constitution.
6. 964. In its communication dated 8 February 2001, the Government states that, during the last 30 years, the trade union movement has acted against the interests of its members: misuse of trade union interests in favour of individual and partisan interests; ignoring democracy in the trade union; signing collective agreements knowing that they could not respect them, in particular in the public sector; high trade union density in the public service, with workers signing up for the sole objective of being admitted to the public administration; partisan treatment and collusion with the public authorities; enormous accumulation of debt that has not been acknowledged in the previously signed collective agreements (from 1975 to 1998, the State owed its employees approximately $13 million); in the private sector trade union membership is almost non-existent (3 per cent); 25,000 members of grass-roots level trade unions and national unions are not affiliated to a trade union of a higher level due to the absence of the minimum conditions required of credibility, autonomy and independence in the face of individual interests, as well as a lack of suitability. For 30 years, the leaders of the CTV have benefited from millions of bolivars of financing from the administration, while leading twice towards the collapse of the Workers' Bank of Venezuela and other trade union enterprises, without ever considering the costs. Furthermore, the leaders of the CTV accepted amendments to the labour laws to the detriment of the working class, for example, with respect to compensation for termination of employment at the initiative of the employer, or concerning a shameful private social security system, which is contrary to ILO principles and to human rights in general. The CTV has distorted the reality before the ILO, leaving it to be believed that there is persecution in the absence of any proof (there has been no trade union leader persecuted, put under house arrest, or assassinated and no trade union has been made illegal). CTV also provided false information before the ILO's Fourteenth Regional Meeting of the Americas (Lima, August 1999).
7. 965. The Government also states that in the communication of 3 February 2000, the ICFTU did not include the Decrees of the National Assembly and did not show that there is little respect for the agreement between the parties, and therefore has not proved a violation of freedom of association. In addition, the Government did not receive a copy of the ILO's request to the ICFTU to provide additional information and is not aware of any response provided further to that request.
8. 966. The Government indicates that in January 2000 it presented a number of draft Decrees to the National Assembly on the issue of trade unions, which referred to earlier drafts concerning free trade union elections, democratization, and trade union unity, which were modified following discussions with workers. On this occasion, the transitional standards committee of the National Assembly had intervened to facilitate dialogue, while respecting the decisions of the trade unions, freedom of association and human rights.
9. 967. The Government provides details of the election process for the National Assembly and of the approval of a new draft Constitution in a referendum of 15 December 1999. The Government cites the following provisions concerning human rights and freedom of association:
   • Article 23. Human rights treaties, covenants and conventions, signed and ratified by Venezuela shall have constitutional status and take precedence over internal law to the extent that they contain standards that are more favourable than those in the Constitution and national legislation. These treaties and conventions have immediate effect and are to be applied directly by the courts and other public bodies.
   • Article 31. Every person has the right by virtue of these human rights treaties, covenants and conventions ratified by the Republic, to file a complaint before the competent international body in order to ensure that the rights are respected.
   • Pursuant to the procedures established in this Constitution and in the laws, the State shall adopt the measures necessary to give effect to the decisions of the international bodies referred to in this Article.
   • Article 95. Workers, without distinction whatsoever, and without the need for prior authorization, have the right freely to form trade unions that they consider to be appropriate in order to best defend their rights and interests, and to join or refuse to join these organizations, in conformity with the law. These organizations are not subject to administrative intervention, suspension or dissolution. These workers are protected against all acts of anti-union discrimination or interference contrary to the exercise of their rights. Officers and officials of the trade union shall enjoy immunity in the exercise of their functions during the period of their mandate.
   • For the exercise of trade union democracy, the by-laws and rules of trade unions shall include provision for the alternation of officials and officers, through a direct and secret ballot of all the members. Officials and officers who abuse the benefits associated with freedom of association for their personal wealth or interests, will be punished in conformity with the law. Officers are required to submit a sworn statement of their financial holdings.
10. 968. The abovementioned articles of the Constitution (articles 23, 31 and 95), as well as the limits imposed by the National Assembly by the provisions approved through the national referendum of 25 April 1999, constitute a guarantee that the National Assembly cannot act contrary to international Conventions that have been ratified by Venezuela, under threat of such acts being declared null. In addition, in the spirit of participation, dialogue and consensus, the National Assembly had been invited to propose and adopt the Decree on the measures to guarantee freedom of association.
11. 969. According to this Decree, the Government states that the transitional standards committee of the National Assembly launched a process of consultation on 25 January 2000 with representative organizations of workers, namely the Venezuelan Workers' Confederation (CTV), the General Confederation of Labour (CGT), the Confederation of Autonomous Trade Unions (CODESA), and the Single Confederation of Workers of Venezuela (CUTV). Also demonstrating respect for pluralism, participation and representativeness, without any favouritism, and in a true expression of democracy, full rights to participate in the deliberations and the decision-making process (accepted by CTV, CGT, CUTV, CODESA) were given to the representatives of New Trade Unionism (NS) and the Workers' Constituent Front (FCT), as well as to representatives of unions that were not affiliated to the confederations, the latter having a degree of independence compared to the traditional confederations, and giving an indication of the diversity and the degree of complexity of the Venezuelan trade union movement in the last 30 years.
12. 970. The transitional standards committee committed itself to guaranteeing free and democratic elections, by direct and secret ballots of all the members in order to elect new trade union leaders.
13. 971. The objective of the National Assembly, which was agreed by all the workers' representatives concerned, and has been demonstrated since all these representatives participated fully and without pressure from the Government or the National Assembly, established agreements based on democracy and credibility of the trade union movement.
14. 972. In order to expand the dialogue, the transitional standards committee of the National Assembly invited the ILO multidisciplinary team based in Lima to provide comments on the draft Decree concerning the democratization of the trade union movement. During the meeting of 25 January 2000, the trade unions present and a number of important constituents laid the foundations for an agreement. The parties reached an agreement on 26 January 2000, after discussing the process of democratizing the trade union movement, which involved the CTV, CGT, NS and FCT, laying the foundations for a Decree on the democratization of the trade union movement: measures to guarantee freedom of association, adopted by the National Assembly on 28 January 2000 and published in Official Gazette No. 36,904 on 2 March 2000.
15. 973. A comparison of the draft Decree sent to the ILO by the transitional standards committee, which was commented upon by experts from the International Labour Standards Department, and the Decree adopted and published on 2 March, illustrates that the differences in the version published in the Gazette were motivated by the process of dialogue and the agreement signed 26 January 2000 between the various trade union organizations. This agreement sought to incorporate the advice of the ILO in order to avoid foreseeable interventions by the supervisory bodies and to initiate consultations with the most representative workers' organizations.
16. 974. The Government indicates that, as a result of an error of the secretariat, CTV was entitled to have three of its representatives as members of the Electoral Council, while the rest of the trade unions were allotted four members, due to section 1 of a Decree adopted by the National Assembly but which was not published in the Official Gazette. In the context of the continual pressure being exerted on the Government of Venezuela by the international organizations, due to unfounded allegations of violations of freedom of association against the National Assembly and the Government, the Director-General of the ILO, Mr. Juan Somavia, contacted the Minister of Labour, Mr. Lino Antonio Martínez Salazar, to express his concern regarding the abovementioned Decrees which could violate the principles of freedom of association. As a result of this contact, the Minister immediately had an inquiry undertaken in an attempt to find solutions through dialogue, in conformity with international obligations assumed by the Republic through the abovementioned Conventions, and in accordance with the policy of the present Government which has been in power since 2 February 1999. Thus the decision was taken to suspend immediately the publication in the Official Gazette of all Decrees, and not to publish the Decree on trade union matters in order to determine whether there were any elements of the agreement concluded on 25 and 26 January 2000 between the various trade unions that had not been incorporated.
17. 975. As additional evidence of the Government's goodwill, and of its concern for the CTV, a meeting took place between the representatives of the CTV, the Director of the National Legislative Committee, the Minister of Labour and former members of the National Assembly on 5 February, with various working groups seeking alternatives to bring about a consensus regarding the problematic provisions of the Decree that had been approved by the National Assembly. The ICFTU had previously submitted the complaint to the ILO (Case No. 2067). In this context, the Secretary-General of the CTV expressed his satisfaction with the suspension of the said Decrees as well as the amendment to section 1 of the Bill on the measures to guarantee freedom of association, elaborated in conformity with the consensus reached between all the trade unions on 26 January 2000. This illustrates unequivocally that the consensus was accepted by the representatives of CTV, CGT, CUTV, NS and FCT, as well as other trade unions not affiliated to these federations.
18. 976. On 15 and 16 February, following the request of the Director-General of the ILO and with the consent of the Government, a mission to the country was undertaken, consisting of Mr. Victor Tockman, Director of the ILO Regional Office for the Americas, Mr. Daniel Martínez, Director of the ILO Andean Multidisciplinary Advisory Team and Mr. Horcio Guido, Freedom of Association Specialist of the International Labour Standards Department based in Geneva. The mission had constructive meetings with the Minister of Labour and other competent authorities, reiterating at every opportunity their intention to find appropriate solutions within the framework of the widest possible dialogue, as was the case in the formulation of the 350 articles of the Constitution. During these meetings, the authorities sought to place the Decree on the measures to guarantee freedom of association in its proper context and the legislative and executive authorities reaffirmed that the publication of this Decree would justly reflect the process of democratization and re?legitimization of the public and social sectors, having no precedent in the history of the Republic, and from which the trade union movement, as an important sector of society, should not be excluded; the Decree would facilitate respect for pluralism and national and universal standards and democracy, through the process of direct participation of the country's workers. Due to the wide consensus reflected in the document signed on behalf of all the sectors on 26 January 2000, the said Decree would open the way for a new legitimization of the trade union movement and mark the beginning of true democracy for the movement.
19. 977. It is odd that the ICFTU submitted a complaint on 3 February 2000 against the Government of Venezuela alleging violations of freedom of association while meeting in Europe with the President of the CTV, Mr. Federico Ramírez León, which was why he was not involved in the agreements of 25 and 26 January. Eight days prior to the ICFTU submitting the complaint to the ILO, representatives of CTV, namely Mr. Carlos Navarro, Secretary-General, Mr. Emil Guevara, Director of Human and Trade Union Rights, Mr. Pablo Castro, Executive Committee member, and Mr. Freddy Iriarte, Director of Hiring and Disputes, signed the framework agreement.
20. 978. Even more striking is the support on 22 August 2000 of Mr. Carlos Navarro, Secretary-General and Pablo Castro, Executive Committee member of CTV, thus involving CTV in the complaint, after a delay of five months, but more significantly, after these persons had signed the framework agreement that led to the National Assembly adopting the Decree on measures to guarantee freedom of association.
21. 979. As undeniable proof of the consensus reached between the trade unions on 25 January and signed on the 26th of the same month, resulting in the Decree on the measures to guarantee freedom of association, the Government points to the most significant paragraphs of the opinions given by the representatives of CTV, CUTV, CGT, NS, FCT, CODESA and the document read by the Vice-President of the National Assembly leading up to the debate and the adoption of the trade union agreement signed on behalf of CTV, CGT, NS and FCT on 26 January 2000.
22. 980. As can be drawn from the documentation submitted by the Government, in the context of the issuance of the National Assembly's Decree on the measures to guarantee freedom of association, there were various national trade union federations that were not in agreement with the imposition of a single trade union confederation. Some indicated that there was a need for more ethical trade unionism; others were of the view that the process of reform should be led by the affiliates and not by the entirety of the workers, reaching an agreement through a nationwide consensus. One organization objected to the carrying out of a single electoral process. A new trade union federation was extremely critical of CTV and of the fact that the same trade union leaders have been holding power for 30-40 years, amassing fortunes unjustly (at least one federation was of the view that there should be an investigation into these matters). There is consensus among all the federations as to the need for trade union reform, democratization, modernization and more ethical trade unionism. One federation has advocated for the inclusion of unorganized workers in the process. The federations requested technical assistance and logistical support from the National Electoral Council. The Government asserts that the trade union federations signed an agreement and that CODESA abstained from signing the approved draft Decree. The Government adds that everything previously indicated was not carried out due to the lack of agreement on the part of the various trade unions concerned after the Decree was adopted. This failure was also due to the acute interest of the trade unions in putting individual partisan concerns ahead of the interests of the working class, despite the efforts of the National Assembly and the Government. As a result, and as desired by the trade union movement, the Decree on the measures to guarantee freedom of association, which was adopted by the National Assembly on 28 January and published in Official Gazette No. 36,904 of 2 March 2000, has never been, nor will it ever be, applied due to the disagreement among and conduct of the trade union organizations concerned.
23. 981. The Government states that on 21 October 2000 the collective agreement for the petroleum sector was filed, due to the conciliation efforts of the Ministry of Labour following a dispute, including a strike, which ended in the signing of an agreement on 14 October 2000. The Government emphasizes its intention to comply with Conventions Nos. 87 and 98.

C. The Committee's conclusions

1. 982. The Committee notes with grave concern the severity of the allegations submitted in this case: (1) the enactment of Decrees and regulations which, according to the complainants, violate Conventions Nos. 87 and 98 and the existence of Bills which seriously restrict the rights contained in those Conventions; (2) the convening and conducting of a referendum by the authorities to impose trade union unity, remove all trade union leaders and replace the existing trade union confederations by an organization more favourably disposed to the Government, in the establishment of which the latter has played a major role; (3) the conducting of a campaign by the authorities to harass, discredit, injure and intimidate the Venezuelan Workers' Confederation (CTV), the most representative trade union confederation, with the intention of destroying it as well as the other confederations; (4) the prohibition to hold trade union elections for the third consecutive time; (5) the suspension of collective bargaining in the oil sector and the carrying out of "consultations" directly targeting workers about working conditions with the aim of concluding a "modern agreement"; (6) the granting of powers to the executive authority to establish the conditions to govern collective recruitment in the public sector; (7) the transfer of trade union leaders from SINOLAN in violation of the collective agreement.
2. 983. The Committee must firstly deplore the fact that the Government has not replied to all the allegations.
3. 984. The Committee notes the Government's declarations that: (1) the trade union movement continues to be monopolized by a leadership comprised of senior officials of the parties that dominated the political scene in an authoritarian, exclusive and hegemoneous manner, who made sure that the trade unions were the instruments of the party leadership; (2) this trade union leadership managed the Venezuelan Workers' Confederation (CTV) to suit its purposes, shunned the true essence of trade union activities, turned its back on the interests of the working class and enriched itself illegally at the expense of that class; (3) it is for the Venezuelan people (and this is the purpose of the referendum) to decide whether this leadership should stay or go; (4) there is no wish to replace one trade union movement by another but rather to institute authentic freedom of association; (5) the referendum of 3 December 2000 was undertaken within the framework of the Constitution. The Committee notes the communication of 8 February 2000 in which the Government strongly criticizes the trade union movement and its leaders for corruption over the last 30 years. The Committee also observes that the Government submits that the complainants have not proven the allegations and did not even deem it necessary to forward the relevant Decrees. However, the Committee recalls that this case involves allegations concerning relatively recent measures in violation of freedom of association, that the Government has been sent all the complainants' communications, and that the text of the Decrees of the National Assembly are public documents. The Committee considers that the objective of the reform of the trade union movement, with which, according to the Government, the trade union federations were in agreement, is not to be undertaken through measures that are incompatible with Conventions Nos. 87 and 98.
4. 985. The Committee points out that, in the face of government criticism of the trade union movement, when the members of a trade union organization consider that their organization is turning its back on their interests, they have at their disposal in all free and democratic societies various means to express their disagreement: they can cease their membership of the organization, elect new leaders, amend their trade union statutes, or dissolve the organization. The Committee recalls that, according to Articles 2 and 3 of Convention No. 87, workers shall have the right to establish organizations of their own choosing and these organizations (through their members) shall have the right to elect their representatives in full freedom and to organize their administration and activities, while the public authorities shall refrain from any interference which would restrict this right. Therefore, observing the content of the referendum of 3 December 2000, the Committee cannot accept the authorities taking steps to change the trade union leadership because, according to Convention No. 87, it is not their responsibility to do so, particularly as the referendum decided on by the authorities and encompassing all voters (not only trade union members) involves the indiscriminate suspension of the leaders of all trade union central organizations, federations and confederations, and the principle of alternation, that is to say the impossibility of these leaders to continue in their positions in the future.
5. 986. The Committee deplores this situation which is all the more reprehensible as the authorities have also made a large number of anti-union statements to the media in conjunction with this process, including remarks of an aggressive and hostile nature against the CTV which cannot fail to have a threatening effect and which are of a generic nature, without, as the complainants indicate, there currently being any proceedings against or sentences involving trade union leaders. Similarly, in view of the supposed neutrality of the Government's aims in respect to the referendum, the Committee observes that, according to the documentation and press cuttings provided by the complainant, the President of the Republic took part in the open days of the Bolivarian Workers' Force (FBT), an emerging new movement allied to the Government, from where it attacked the Venezuelan Workers' Confederation (CTV), in such way that everything appears to indicate that the hostilities towards the CTV are closely linked to favouritism towards the FBT. Moreover, this forms part of actions taken by the public authorities for the purpose of unifying the trade union movement as expressly stated in the Decree of 12 August 1999. The Committee considers that the situation described is incompatible with the principles of freedom of association and stresses that the referendum mentioned constitutes a major violation of these principles. In the view of the Committee, the fact that the Government indicates that the trade union federations that had been party to the agreement, subsequently reversed their opinion concerning the legislating of trade union reform, in no way alters this conclusion.
6. 987. Furthermore, the Committee deplores that the authorities have prohibited trade union elections for the third consecutive time, that in violation of Article 4 of Convention No. 98 they have suspended collective bargaining in the oil sector for several months citing an alleged state of national emergency (although following the dispute a collective agreement was signed on 21 October 2000) and that the companies are seeking to negotiate directly with workers in the absence of their trade unions. The Committee also deplores the lack of respect shown by the authorities to the ICFTU delegation that visited the country at the end of November 2000.
7. 988. The Committee draws the Government's attention to certain principles and in particular stresses that "by according favourable or unfavourable treatment to a given organization as compared with others, a government may be able to influence the choice of workers as to the organization which they intend to join" [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 304] and that the pressure placed on workers by the authorities by means of public statements made against a trade union violates Article 2 of Convention No. 87. In any event, unity within the trade union movement should not be imposed by the State through legislation because this would be contrary to the principles of freedom of association [see Digest, op. cit., para. 289]. Instead it is the workers' organizations which should determine the structure of the trade union movement, it being inadmissible that non-affiliated workers are permitted to participate in changes to that structure.
8. 989. The Committee also wishes to strongly emphasize that it is the responsibility of the workers' and employers' organizations to determine the conditions of election of their leaders and the authorities should refrain from any undue interference in the exercise of the rights of workers' and employers' organizations freely to choose their representatives, as guaranteed by Convention No. 87.
9. 990. This being the case, and taking into consideration the conclusions noted above and the fact that no response has been provided concerning certain allegations, the Committee urges the Government and the authorities to put an end, without delay, to the repeated violations of Conventions Nos. 87 and 98 that are occurring in the country and in particular:
10. (1) to abandon the idea of imposing or favouring in any way trade union monopoly or unity since these should only result from the will of the affiliated workers;
11. (2) to invalidate the results of the referendum of 3 December 2000 and to refrain from removing elected trade union leaders from office;
12. (3) to stop making hostile statements against the Venezuelan Workers' Confederation (CTV);
13. (4) to act in a neutral manner with all trade union organizations and to refrain from any discriminatory treatment, particularly against the CTV;
14. (5) to allow trade unions to conduct their elections when they choose in a context of respect for trade union statutes, and to put an end to the functions of the National Electoral Council in respect of trade union elections;
15. (6) to ensure that in future collective bargaining principles are respected in the petroleum sector, and that any direct negotiation between the enterprise and the workers does not undermine the position of trade union organizations;
16. (7) to stop submitting matters of a trade union nature to non-members;
17. (8) to show respect in future to the delegations of international trade union movements sent to the country; and
18. (9) to revoke the transfer of SINOLAN trade union leaders that are in violation of the collective agreement.
19. 991. With regard to the allegations related to legislation, the Committee has noted this and fully supports the observations made by the Committee of Experts on the Application of Conventions and Recommendations at its December 2000 meeting which are reproduced below:
    • The Committee notes with concern that the new Constitution of the Republic, of December 1999, contains a number of provisions which are not in conformity with the requirements of the Convention, as follows:
      • - Article 95. "The constitution and rules of trade union organizations shall require the alternation of executive officers by means of universal, direct and secret suffrage." The Committee recalls that, by virtue of Article 3 of the Convention, workers' and employers' organizations shall have the right to draw up their constitutions and rules, and to elect their representatives in full freedom. In this respect, the imposition of the requirement for the alternation of trade union executive officers by legislative means constitutes an important obstacle to the guarantees set forth in the Convention;
      • - Article 293. The electoral authority shall have the functions of: organizing the elections of trade unions, occupational associations and political organizations under the terms set out in the law; Eighth Transitional Provision. While awaiting the enactment of the new electoral laws envisaged in this Constitution, electoral processes shall be convoked, organized, directed and supervised by the National Electoral Council (by means of a Decree published in the Official Gazette No. 36,904, of 2 March 2000, respecting measures to guarantee freedom of association, the members of the Electoral Board were appointed and their functions determined, including the achievement of trade union unification or the resolution of issues respecting membership of workers' organizations). In this regard, the Committee considers that the rules governing the procedures and arrangements for the election of trade union leaders should be determined in trade union statutes and not by a body outside workers' organizations. The Committee also considers that the issue of trade union unity and the status of the members of trade unions should be determined by decision of trade union organizations and in no event imposed by law, since such an imposition constitutes one of the most serious violations conceivable of freedom of association.
    • In these conditions, the Committee requests the Government to take measures to amend the constitutional provisions referred to above, and to repeal the Decree published in Official Gazette No. 36,904, of 2 March 2000, respecting measures to guarantee freedom of association, and asks it to provide information in its next report on any measures adopted in this respect.
    • Finally, the Committee also notes with deep concern the draft texts for the protection of trade union guarantees and freedoms, and the "democratic rights" of workers in their trade unions, federations and confederations, which contain provisions that are in violation of the guarantees set out in the Convention, as well as an agreement issued by the National Assembly to convoke a national trade union referendum on 3 December 2000 with a view to the unification of the trade union movement and the suspension or removal of current trade union leaders, which implies a very serious interference in the internal affairs of trade union organizations, which is totally incompatible with the requirements of Article 3 of the Convention.
20. 992. Furthermore, the Committee observes that in one of the Decrees issued by the National Assembly, the trade union movement is accused of the misappropriation of trade union finances and the authorities are ordered to investigate the offences and acts contrary to the morals and economic interests of the workers perpetrated by their leaders, with these authorities being able to establish the origin of the executive officials' wealth and order the necessary protective measures. In this respect, making value judgements against trade union leaders currently in office, charging them indiscriminately and generically with offences and immoral acts, and allowing investigations into the assets of any trade union to be carried out, are contrary to the presumption of innocence and reflect unacceptable harassment and cannot but intimidate trade union leaders. However, the Committee notes that, according to the Government, following the intervention of the Director-General of the ILO, a decision was taken to suspend with immediate effect the publication of the Decrees of the National Assembly, in particular the Decree concerning trade union matters. The Committee notes the Government's statement that the Decree concerning the measures to guarantee freedom of association (No. 36,904) of 2 March 2000 has never been, nor will it ever be, applied since the trade union federations, after having agreed to the Decree before its adoption, retracted their approval.
21. 993. The Committee demands that the Government take measures to formally repeal or substantially amend trade union standards and Decrees that are in violation of Conventions Nos. 87 and 98, adopted since the arrival of the new government, which moreover, according to the complainants, were adopted without respecting the compromise to reach a consensus on the substance of said Decrees. The Committee also demands that the Government take steps to withdraw the Bill for the protection of trade union guarantees and freedoms and the Bill for the democratic rights of workers, which contain restrictions on trade union rights that are incompatible with Conventions Nos. 87 and 98. The Committee brings the legislative aspects of this case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.

The Committee's recommendations

1. 994. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee notes with grave concern the severity of the allegations and deplores the fact that the Government has not replied to all the allegations.
   • (b) The Committee urges the Government and the authorities to put an end, without delay, to the repeated violations of Conventions Nos. 87 and 98 that are occurring in the country and in particular:
2. (1) to abandon the idea of imposing or favouring in any way trade union monopoly or unity since these should only result from the will of the affiliated workers;
3. (2) to invalidate the results of the referendum of 3 December 2000 and to refrain from removing elected trade union leaders from office;
4. (3) to stop making hostile statements against the Venezuelan Workers' Confederation (CTV);
5. (4) to act in a neutral manner with all trade union organizations and to refrain from any discriminatory treatment, particularly against the CTV;
6. (5) to allow trade unions to conduct their elections when they choose in a context of respect for trade union statutes, and to put an end to the functions of the National Electoral Council in respect of trade union elections;
7. (6) to ensure that in future collective bargaining principles are respected in the oil sector, and that any direct negotiation between the enterprise and the workers does not undermine the position of trade union organizations;
8. (7) to stop submitting matters of a trade union nature to non-members;
9. (8) to show respect in future to the delegations of international trade union movements sent to the country; and
10. (9) to revoke the transfer of SINOLAN trade union leaders that are in violation of the collective agreement.
    • (c) The Committee demands that the Government take measures to repeal or substantially amend trade union standards and Decrees that are in violation of Conventions Nos. 87 and 98, adopted since the arrival of the new government, which moreover, according to the complainants, were adopted without respecting the compromise to reach a consensus on the substance of said Decrees. The Committee demands that the Government take steps to withdraw the Bill for the protection of trade union guarantees and freedoms and the Bill for the democratic rights of workers, which contain restrictions to trade union rights that are incompatible with Conventions Nos. 87 and 98.
    • (d) The Committee requests the Government to inform it for its May-June meeting of the measures adopted in accordance with the above requests and brings the legislative aspects of this case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.