Effect given to the recommendations of the committee and the Governing Body - Report No 355, November 2009

Case No 2160 (Venezuela (Bolivarian Republic of)) - Complaint date: 15-OCT-01 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 140. In its previous examination of this case, in March 2009, the Committee reiterated its request to the Government to send the text of the rulings relating to the dismissal of three trade union members who had initiated legal proceedings (Mr Otiel Montero, Mr Guido Siviria and Mr Orlando Acuña). The Committee deeply regretted that, despite the fact that the allegations dated from 2001, it still did not know whether or not rulings on those dismissals had been handed down, and once again drew the Government’s attention to the fact that justice delayed is justice denied [see 353rd Report, para. 293].
2. 141. In its communication dated 18 May 2009, the Government states that the complaint presented by a group of workers from Corporación INLACA enterprise, who were promoting the establishment of the Trade Union of Revolutionary Workers of the New Millennium, refers to alleged violations of freedom of association by the State. With regard to Mr Otiel Montero, the Government states that it indicated in a communication dated 5 November 2004 that he did not provide services for Corporación INLACA enterprise and does not play an active part in any document or in the legal proceedings that have been launched in this case. The appeal lodged by Mr Guido Siviria and Mr Orlando Acuña against administrative decision No. 39-2001 is being examined. The Government states that the progress and results of this appeal will be communicated to the Committee on Freedom of Association.
3. 142. The Committee takes note of this information. The Committee once again notes with deep regret the delayed justice, given that the allegations date from 2001. The Committee draws the Government’s attention to the principle that cases concerning anti-union discrimination contrary to Convention No. 98 should be examined rapidly, so that the necessary remedies can be truly effective; excessive delays in processing cases of antiunion discrimination and, in particular, a lengthy delay in concluding the proceedings concerning the reinstatement of the trade union leaders dismissed by the enterprise, constitute a denial of justice and therefore a denial of the trade union rights of the persons concerned [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 826].
4. 143. The Committee awaits communication from the Government of the rulings relating to the dismissal of the trade union members Mr Guido Siviria and Mr Orlando Acuña, and expects that they will be handed down without delay.