Informe definitivo - Informe núm. 6, 1953

Caso núm. 2 (Venezuela (República Bolivariana de)) - Fecha de presentación de la queja:: 30-MAY-50 - Cerrado

945. At its meeting in January 1952, the Committee had before it two complaints against the Venezuelan Government presented respectively by the American Federation of Labor, in May 1950, and by the Venezuelan Workers' Confederation, in June 1950, and observations relating to these complaints forwarded by the Government of Venezuela in a letter dated 20 February 1951. The Committee then concluded that the case called for further examination by the Governing Body.

1. 945. At its meeting in January 1952, the Committee had before it two complaints against the Venezuelan Government presented respectively by the American Federation of Labor, in May 1950, and by the Venezuelan Workers' Confederation, in June 1950, and observations relating to these complaints forwarded by the Government of Venezuela in a letter dated 20 February 1951. The Committee then concluded that the case called for further examination by the Governing Body.
2. 946. At its meeting in March 1952, the Committee, having been informed of the desire of the Government of Venezuela to submit further observations to it, recommended the Governing Body to postpone examination of the case in order to enable the Venezuelan Government to communicate its further observations to the Committee.
3. 947. When the Committee's two reports came before it, the Governing Body, at its 118th Session (Geneva, 11-14 March 1952) decided to postpone the examination of the case. By a letter dated 21 March 1952, the Director-General informed the Government of Venezuela of this decision.
4. 948. In reply to this letter, the Director-General received two letters dated 19 May 1952 from the Government of Venezuela transmitting the further observations to which it had referred.
5. 949. The Committee, at its meeting on 23 June 1950, heard a statement by the representatives of the Government of Venezuela who received the observations of their Government and supplemented them with respect to certain points.
6. 950. The Director-General has received a further complaint against the Government of Venezuela, dated 25 April 1952, from the Secretary-General of the International Confederation of Free Trade Unions (I.C.F.T.U.). Moreover, the complaints transmitted to the I.L.O by the Economic and Social Council at its 14th Session (New York, May 1952) also include a number of complaints against the Government of Venezuela.
7. 951. The Committee, at its meeting on 23 June 1952, adjourned therefore its examination of the case in order to enable the Government of Venezuela to present its observations on the new complaints. These observations were transmitted to the Director-General by letter of 5 November 1952. The Government of Venezuela also communicated to the Committee, by letter of 26 November 1952, the summary of a speech delivered by the President of the Governing Committee (Junta de Gobierno) of Venezuela on the eve of the parliamentary elections of 30 November 1952.
8. 952. The Committee, at its meeting in December 1952, having taken note of the various communications submitted to it, requested the Government to transmit to it a statement on the trade union situation in general in Venezuela on the morrow of the parliamentary elections of 30 November 1952. This decision was communicated to the Government by letter of 23 January 1953. The Government transmitted to the Director-General, by letter of 17 February 1953, a statement on the present position of Venezuelan trade unions.
9. 953. As the complaints presented by the American Federation of Labor and by the Venezuelan Workers' Confederation, as well as the Government's first replies, are already contained in the earlier reports of the Committee, it will be sufficient to analyse in this report the new complaints, the observations of the Government, dated 19 May 1952, and made at the meeting of the Committee on 23 June 1952, as well as the Government's replies of 5 and 26 November 1952 and the letter, dated 17 February 1953 on the present situation of Venezuelan trade unions.

B. Analysis of the Complaints presented by the International Confederation of Free Trade Unions (I.C.F.T.U) and Other Trade Union Organisations

1. 954. The complaint which the I.C.F.T.U addressed to the Director-General by a letter dated 25 April 1952 tends to confirm and supplement a similar complaint addressed to the United Nations and transmitted to the I.L.O by the Economic and Social Council together with a number of other complaints presented against the Venezuelan Government by various trade union organisations.
2. 955. Associating itself with the complaints submitted earlier by the American Federation of Labor and by the Venezuelan Workers' Confederation, the I.C.F.T.U recalls, in particular, that several central organisations of workers were dissolved in 1949 and that all the oilworkers' unions suffered the same fate in 1950. The I.C.F.T.U and also the other complainants allege, further, that many trade union leaders have been detained for several months, and some of them even for several years. In certain cases, it is claimed, the prisoners have been ill-treated by the police.

C. Analysis of the Government's Observations

• Letters dated 19 May 1952
  956. 956 In its observations of 19 May 1952 already submitted to the Committee, the Government, having emphasised that the first recommendation of the Committee in favour of a further examination of the case had been taken on the basis of a reply from the Venezuelan Government, dated nearly twelve months previously and that during this period changes had come about of which account should be taken, referred, first, to the development of the trade union movement in Venezuela, secondly, to the conclusions adopted by the Committee on the occasion of the preliminary examination of other cases concerning alleged infringements of freedom of association, and, in particular, in the case of the United Kingdom [Cyprus] (Case No. 24) and, finally, to the report of the Credentials Committee at the Fifth Conference of American States Members of the I.L.O. (Petropolis, 17-29 April 1952).
• Development of the Trade Union Movement in Venezuela
  957. 957 The Government reiterates that the dissolution of the Venezuelan Workers' Confederation on 25 February 1949, as also that of the various oilworkers' unions on 6 May 1950, was justified. These measures were only taken by reason of the frankly and openly subversive attitude of these organisations. The Government did not intend to infringe the right of association of the workers but, on the contrary, favours the creation of new trade unions. At present there is no obstacle to trade union organisation by the workers ; since 1 January 1951, 74 trade unions have been legally established ; the number of trade unions presently existing is 364 ; further, 31 new organisations are about to be registered, so that the total number of organisations will be 395 trade unions and four trade union federations. In the view of the Government, these figures clearly illustrate its policy of favouring the development of trade unionism, but it emphasises that, in accordance with the provisions of the labour law, it cannot tolerate the affiliation of trade union organisations to national or foreign political parties or their engaging in political activities foreign to the purposes assigned to them by law.
  958. 958 The formalities to which trade union meetings were subjected due to the exceptional circumstances of which the Committee is aware have successfully been removed ; thus, 2,429 meetings were held between 1 September 1950 and 31 December 1951. The previous authorisation of labour inspectors for the holding of union meetings is no longer required ; the trade unions thus enjoy complete freedom of assembly.
  959. 959 The action of the Government to promote better industrial relations is shown in the growing number of collective agreements, of which there were 156 in 1950, 191 in 1951 and 43 in the first months of 1952. In 1951, the Government paid particular attention to the oil industry. In the first place, even before the beginning of collective negotiations, the Ministry of Labour obtained from the undertakings in the industry the promise not to alter working conditions and to make no dismissals during the negotiation of the new contracts. However, the employers and workers did not reach a direct agreement, and the conciliating action of the labour authorities had not achieved any satisfactory results. In these circumstances, the Government fixed the working conditions in the industry ; in this way, the collective agreements concluded in 1947 were not only maintained but improved. The minimum wage of the workers was fixed at 16 bolivars per day ; other improvements concern sickness and housing allowances, benefits given to pregnant workers, paid holidays raised to 25 days a year, etc., which advantages represent a sum of more than 100 million bolivars a year.
  960. 960 The Government further gives details of its conciliating action in the settlement of individual labour disputes, as also of the legal assistance provided to the workers by the labour attorneys. It stresses that it has intervened successfully in the settlement of several strikes, either by mediation or through a tripartite arbitration committee.
  961. 961 Furthermore, it draws attention to the activities of the labour inspection and employment services, whose technical operation it is striving to better, to the results of the system of profit-sharing by workers, to the action on behalf of the workers displayed by the National Housing Committee, to the progress of the institutions of social security and welfare, to the measures taken to raise the cultural level of the workers, etc.
  962. 962 The Government has helped the trade union organisations by assuming the costs of their premises and materials. A trade union building is under construction in Caracas ; in other important centres similar projects are to be launched in the course of the next fiscal year ; during the completion of this work the Government has placed suitable buildings at the disposal of the trade unions.
  963. 963 The Administrative Commission charged with the administration of the funds of the dissolved organisations has striven to keep intact the goods which belong to them ; it has returned the sum of 28,000 bolivars, property of the dissolved Union of Graphic Arts, to the Graphic Industry Workers' Union of the Federal District and the State of Miranda which groups the same workers as the old organisation. Similar demands are before it from numerous oilworkers' unions which operate in the same areas as the dissolved organisations and to which the former members of the latter are affiliated. The Commission examines each case on its merits.
  964. 964 As an example of its desire to co-operate with the trade union organisations, the Government cites the case of the oil industry, in which it decided, under a Decree of 3 March 1952, to establish two Commissions charged with investigating the conditions of employment of workers hired by contractors in the service of the oil companies. These Commissions were established by a Decree of 3 April 1952 ; the workers' members of these Commissions were appointed on the nomination of the 35 unions concerned. Similarly, the Workers' representatives to the Fifth Conference of American States Members of the I.L.O were chosen in agreement with the trade union organisations.
• Decisions reached by the Committee in Other Cases
  965. 965 In the second part of its communication, the Government justifies its opposition to the complaints in arguing from the practice followed by the Committee on Freedom of Association in examining other complaints. It refers specifically to Case No. 24 concerning the complaint presented by the World Federation of Trade Unions against the Government of the United Kingdom (Cyprus). In its opinion, this case, in its political aspects, presents striking similarities with the present case and it concludes that the arguments which led the Committee to recommend dismissal of the former case apply equally to that concerning Venezuela.
  966. 966 The Government, in emphasising the political aspects of the present case, brings out the following arguments.
  967. 967 The penalties inflicted on certain trade union leaders were motivated, not by their trade union activities, but by the political activities they engaged in under cover of trade unionism.
  968. 968 In spite of the dissolution of the Venezuelan Workers' Confederation, the unions affiliated to that organisation have continued in existence after having elected new executive committees. Only the Graphic Arts Union of the Federal District and the State of Miranda has been dissolved for illegal strike action, but it has been reconstituted with the same number of members.
  969. 969 The temporary suspension of fundamental liberties, a transitory measure motivated by the exceptional situation, was not taken against the unions but against all citizens without distinction. It cannot therefore be considered as a specific infringement of freedom of association.
  970. 970 In inciting collective disputes for purely political ends, the Venezuelan Workers' Confederation violated the provisions of the Labour Law which forbid the unions to engage in any political activities. The measure of dissolution was therefore perfectly legal.
  971. 971 As for the dissolution of the oilworkers' unions, the Government was obliged to take this measure in order to ensure the respect of the contracts in force, to suppress illegal strikes and to safeguard public order. It was necessary for it to maintain normal production in this industry, which is vital to the national and international economy. The criticism that the dissolution was effected by administrative action cannot stand, since those concerned could appeal to the Federal Appeals Court in accordance with Articles 193 and 199 of the Labour Law.
  972. 972 For all these reasons, the Government concludes that the complaint does not call for further examination, the facts alleged being, as in the case of the United Kingdom [Cyprus] (Case No. 24) purely political. Furthermore, the request made by the complainant that the complaint should be submitted to the Fact-Finding and Conciliation Commission is purposeless, since the relations between the Government and the workers, a purely internal affair, are not subject either to investigation or to conciliation.
• Report of the Credentials Committee at the Fifth Conference of the American States Members of the I.L.O.
  973. 973 In its second letter dated 19 May 1952, the Venezuelan Government calls attention to the report of the Credentials Committee of the Fifth Conference of American States Members of the I.L.O, and transmits a set of annexes which are at the disposal of the Committee.
  974. 974 It will be remembered that, in the course of the Fifth Conference of American States Members of the International Labour Organisation (Petropolis, 17-29 April 1952), a protest concerning the credentials of the Workers' delegate of Venezuela was made by the representatives of the International Confederation of Free Trade Unions. Subsequently, the latter withdrew their protest, in view of a statement made before the Workers' group of the Conference by the Workers' delegate of Venezuela which the Workers' group unanimously considered satisfactory. In this statement, the Workers' delegate of Venezuela declared that the appointment of the representatives of the Venezuelan workers to the Fifth Conference of American States Members of the I.L.O had been made in accordance with the nominations of the most representative workers' organisations of the country, to wit, the Free Trade Union Movement and the Independent Trade Union Movement, which had both held meetings for this purpose, at which a total of 263 trade unions were represented. He further made known the manner in which these two organisations were preparing to celebrate 1 May. He stated that the activities of the Venezuelan workers had the following purposes : obtaining of wide liberties, intensive development of the trade unions, liberation of the jailed trade union leaders or their trial in the ordinary courts of the Republic. Finally, he announced the intention of the trade unions shortly to establish a Confederation of the unions and federations now existing in Venezuela at a congress to which the International Confederation of Free Trade Unions would be invited. In withdrawing their protest the representatives of the International Confederation of Free Trade Unions expressed their satisfaction with the statement of the Venezuelan Workers' delegation, which marks a constructive step towards the full restoration of trade union rights in Venezuela and expressed the hope that the Government would reply with positive action to the aspirations set forth in this statement.
• Report of the Credentials Committee at the 35th Session of the International Labour Conference
  975. 975 The Credentials Committee of the 35th Session of the Conference, having before it an objection presented by the Venezuelan Workers' Confederation to the credentials of the Workers' delegate and Workers' advisers of Venezuela to the present session of the Conference, also took note of the declaration made by the Venezuelan Workers' delegate at the Petropolis Conference and found that the development of the position of trade unions in Venezuela must be taken into account. On the other hand, the Credentials Committee recalled that the question of freedom of association in Venezuela is still being examined by the Committee on Freedom of Association. In these circumstances the Credentials Committee, having heard the representative of the Venezuelan Government, and considering that that Government had not acted contrary to the Constitution, unanimously found that the objection submitted in the name of the Venezuelan Workers' Confederation was without foundation, and requested the Conference to take note of its report.
  976. 976 On 20 June 1952, the Conference took note of the report of the Credentials Committee.
• Observations presented by the Government at the Meeting of the Committee, on 23 June 1952
  977. 977 The representative of the Venezuelan Government, having reviewed and commented upon the observations transmitted by his Government on 19 May 1952, pointed out that, with regard to the dissolution of the oilworkers' unions in May 1950, these organisations engaged in a strike even though they were bound by collective agreements. This strike was therefore unlawful and in violation of the Labour Code, and the competent authorities were not therefore in a position to take any action with a view to settling the dispute until the workers had resumed work. These workers, however, refused to return to work in spite of the warnings given to them by the competent authorities. The Government was therefore forced to dissolve the unions in order to maintain normal production in this industry, which is vital to the country.
• Letter dated 5 November 1952
  978. 978 The last complaints presented by the I.C.F.T.U and other organisations not having been communicated to the Government of Venezuela until after the receipt of its observations dated 19 May 1952 analysed above, the Government, considering that it had already replied in anticipation, so to speak, to the new allegations, confined itself in its reply dated 5 November 1952 to a number of general observations. It states, in particular, that there is no necessity to present new observations on the latest complaints as they deal with the same facts which the Government refuted earlier in connection with the complaints presented by the American Federation of Labor and by the Venezuelan Workers' Confederation.
  979. 979 Further, the Government draws attention to the recent progress made by the trade union movement in Venezuela, which has benefited at all times from the support of the labour authorities.
• Letter dated 26 November 1952
  980. 980 By a letter of 26 November 1952, the Government communicated to the Director-General the summary of a speech delivered by the President of the Governing Committee (Junta de Gobierno) of Venezuela on the eve of the parliamentary elections of 30 November 1952. The Government expressed on this occasion its firm resolve to re-establish in the country a Constitutional régime expressed through the will of the people.
• Letter dated 17 February 1953
  981. 981 The Government, in reply to the request which the Committee, on the basis of that statement, had addressed to it in the course of its meeting in December 1952, transmitted to the Director-General, by letter of 17 February 1953, a memorandum, the main passages of which may be summarised as follows.
  982. 982 The trade union movement is developing normally, with the full support of the Government.
  983. 983 The Ministry of Labour has not altered its liberal policy of protecting the workers and their organisations. No restrictive measure has been taken against the trade union movement in general nor against any particular trade union. The trade unions carry on their activities in complete freedom.
  984. 984 During the last few months, several new trade unions have been registered in various regions of the country. In certain States, the federations of trade unions already existing have been carrying on their activities normally; in other States new federations are being constituted. The ground is thus ready for the establishment of a General Confederation of Labour.
  985. 985 The numerous collective negotiations being carried on with the labour inspectors are a proof of the freedom of action enjoyed by the trade unions. With particular reference to the petroleum industry, committees are being created with a view to examining the possibility of substituting a new collective agreement, laying down the conditions of work in that industry, for the decree of 9 April 1951 which will expire next August. While giving its full support to the conclusion of collective agreements, the Government remains completely impartial in its relations with the parties concerned.
  986. 986 The draft Constitution being examined at present by the Constituent Assembly enumerates the basic principles which shall govern trade union activities. It recognises, inter alia, the right of workers to organise for lawful purposes, the right of signing collective agreements, the right to strike and provides for conciliation of labour disputes, etc.
  987. 987 The text of this draft is appended to the Government's reply.

D. D. The Committee's conclusions

• Development of the Trade Union Movement
  988. 988 In the latest communications presented by the International Confederation of Free Trade Unions and other trade union organisations, the complainants take up again, in substance, the allegations already contained in the earlier complaints of the American Federation of Labor and the Venezuelan Workers' Confederation, concerning which the Committee has already reached conclusions at earlier meetings.
  989. 989 In its communications dated 19 May and 5 November 1952, the Government emphasises that the allegations made by the complainants date back, in fact, several years and that, since the period in question, the situation of trade unionism in law and in fact has evolved considerably and has again become normal.
  990. 990 In support of its statement that certain of the restrictions placed on freedom of association have actually been removed, the Government refers in particular to the following facts : (a) many new trade unions have been enabled to be constituted freely ; (b) the freedom of trade union meetings has been re-established ; (c) trade union funds which had been sequestrated have been handed back to the trade union organisations concerned ; (d) many trade union premises have been built with the aid of the Government itself ; (e) the number of collective agreements is increasing continuously ; (f) the leaders of the free trade unions take part regularly in international meetings ; etc.
  991. 991 Furthermore, the Government draws attention to the fact that a protest concerning the credentials of the Venezuelan Workers' delegate, made by the representatives of the I.C.F.T.U at the Fifth Conference of American States Members of the I.L.O (Petropolis, April 1952), was withdrawn by its sponsors after the Venezuelan Workers' delegate had informed them of the development of trade unionism in his country.
  992. 992 The Government also recalls that the Credentials Committee of the 35th Session of the International Labour Conference unanimously found that the protest made by the Venezuelan Workers' Confederation against the credentials of the Venezuelan Workers' delegate and his advisers was without foundation, in view of the development of trade unionism in that country.
  993. 993 It appears from the additional information communicated by the Government that the situation of trade unions in general in Venezuela has in fact improved.
• Dissolution of the Oilworkers' Unions
  994. 994 With regard to the trade unions in the petroleum industry in particular, the Committee had to consider the problem not only from the legal standpoint but also in the light of the development of the factual situation in that industry.
  995. 995 In the first place, the Venezuelan Government pointed out that the dissolution of the oilworkers' unions had become necessary in view of the illegal strike to which these unions had resorted. In fact, these unions had engaged in this strike in violation of the provisions of the collective agreements in force, which provided for a procedure to settle disputes relating to the interpretation and implementation of these agreements. By virtue of Article 210 of the Labour Code, collective work stoppages are forbidden until the resources of the conciliation proceedings have been exhausted.
  996. 996 Every contravention of Article 210 is punishable in accordance with Article 266 of the Code. In accordance with this Article such an infraction shall be punished by detention for a period from five to 20 days. This penalty shall be imposed on the instigators of the offence in the case of an association ; if it is found impossible to identify these persons, the penalty shall be imposed upon the members of the committee of management. In the case of persons who are not members of an association, the penalty shall be imposed on each individual concerned.
  997. 997 The Committee thus found that the penalties provided for under the Labour Code in case of strikes called in violation of the legislation in force were imposed only on the persons actually responsible for the strikes but not upon the trade union organisations.
  998. 998 Furthermore, the Government also emphasised that the oilworkers' unions, though dissolved by administrative action, had the possibility, in accordance with Articles 193 and 199 of the Labour Code, to make an appeal to the Federal Court of Appeal, but that they did not make use of this right.
  999. 999 The two articles mentioned by the Government are as follows:
• Article 193. The registration of an industrial organisation may be cancelled where in fact the said organisation has been engaging in activities incompatible with the aims laid down in Article 166 of this Code.
• Where an industrial association is concerned, the competent labour inspector shall assemble the papers and transmit them to the Minister concerned, so that the latter may order the registration of the association to be cancelled if the acts imputed to it are found to be proven.
• Where a federation or Confederation of industrial associations is concerned, the Minister shall cause the relevant papers to be assembled and shall decide what action is to be taken.
• Appeal may be made within ten days to the Federal Chamber of the Federal Court of Appeal against a decision ordering the cancellation of a registration.
• The final and definitive decision ordering the cancellation of the registration shall be transmitted to the competent civil authority.
• Article 199. Industrial organisations, whether formed by employers or by employees, shall not federate with Venezuelan or foreign political associations or parties nor become affiliated thereto.
• If an industrial association contravenes this provision, it shall be dissolved by administrative procedure by the competent authority and the members of the committee of management shall be liable to fines of not less than 100 nor more than 1,000 bolivars, without prejudice to any other penalties prescribed by the Penal Code. An appeal against a judgment issued by administrative procedure may be made to the Federal Chamber of the Federal Court of Appeal within ten days of the publication of the relevant executory decision in la Gaceta oficial de los Estados Unidos de Venezuela.
  1000. 1000 Article 193 deals with the cancellation of the registration of a union. In fact, such a cancellation is tantamount to a dissolution, since, by virtue of Article 180 of the Labour Code, registration confers on the said union the legal status enabling it to act as an industrial association.
  1001. 1001 The registration of an industrial organisation may be cancelled either by a labour inspector, where an industrial association is concerned, or by the Minister of Labour, where a federation or Confederation is concerned, when in fact the organisation has been engaging in activities incompatible with the aims laid down in Article 166, namely, " the study, defence, advancement and protection of occupational interests and the social, economic and moral betterment of their members ".
  1002. 1002 The Committee, on the basis of the actual facts of the case, found that the dissolution of the oilworkers' union had not been carried out in accordance with the provisions of Article 193.
  1003. 1003 The Committee reached the same conclusion with respect to Article 199, which provides that an industrial association should not be affiliated to or associated with a national or foreign political group, a fact which has never been proven.
  1004. 1004 It appears from the text of the statement giving the reasons for the decree dissolving certain oilworkers' unions that this decree was promulgated by virtue of the full powers granted to the Government in conformity with the Instrument of its Constitution. The Decree of 6 June 1950 is as follows:
• The Government Military Junta of the United States of Venezuela,
• Sitting in Ministerial Council, pursuant to the powers which it possesses by virtue of the Instrument establishing the provisional Government,
• Considering that the Instrument establishing the provisional Government empowers the Junta to issue any measures that may be required in the national interest, notwithstanding the provisions of the Constitution, laws and regulations,
• Considering that certain oilworkers' unions, by engaging since the 3rd of May instant, under the influence of a persistent campaign directed by political agents which infiltrated into these organisations, in unlawful work stoppages, have departed from their specific tasks and become instruments of political action ;
• Considering that such an attitude is highly detrimental to the real interests of the workers and causes considerable injury to the economy of the country;
• Considering that it is the inherent duty of the Government to ensure that trade union activities should develop only within the law ;
• Decrees as follows:
• Article 1. The following workers' organisations are declared dissolved:
• Article 2. The labour inspectors will take possession of the property of the dissolved organisations in the zones in which they are respectively competent, in accordance with the inventory which they will prepare in each case.
• Article 3. The Ministries of International Relations and Labour will be responsible for the enforcement of this decree.
  1005. 1005 The Committee therefore considers that the explanations given by the Government have not invalidated the conclusion which the Committee reached at its meeting in January 1952, namely, that the oilworkers' unions were dissolved by administrative action.
  1006. 1006 The Committee has nevertheless taken account of the new information communicated by the Government in its reply of 19 May 1952. This information tends to show that the situation in the petroleum industry has again become normal. The Government emphasises the fact that the oilworkers' unions, which had been dissolved in 1950, have been reconstituted in the same districts and with the same membership. Furthermore, the Government points out that the collective agreements concluded in 1947 were kept in force and that, if it was forced to intervene in the negotiations between the employers and the unions, it was in the interest of the workers themselves, as the Government has succeeded in getting better working conditions embodied in the collective agreements. Finally, the Government has called upon the representatives of the trade unions to collaborate with the authorities and the employers in various bodies set up in the petroleum industry.
  1007. 1007 It therefore appears that the oilworkers' unions have been enabled to be reconstituted and are in a position to carry on their functions normally.
• Situation of the Trade Union Movement following the Election of the Constituent Assembly (30 November 1952)
  1008. 1008 In its communication dated 26 November 1952 the Government recalls that, in accordance with the promise made immediately after the assumption of power by the Military Junta, it had been definitely decided to re-establish in the country a Constitutional régime which would represent the expressed will of the people and that, accordingly, parliamentary elections were to be held on 30 November 1952. Hence, at its meeting in December 1952, the Committee took the view that, in these circumstances, it was to be anticipated that all Constitutional guarantees, including that of freedom of association, would be fully restored following these elections.
  1009. 1009 The parliamentary elections were in fact held on the appointed date, and the Committee, having regard to the aforesaid statement on the part of the Government and to the fact, moreover, that the matters alleged date back over several years, requested the Government to forward a survey of the trade union situation as it exists following the elections of November 1952.
  1010. 1010 In its reply dated 17 February 1953, the Government gives the following details with regard to the present situation of the trade union movement in Venezuela. It would appear, in particular, that new trade unions have been registered and that federations have been or are being formed in different States. Thus, states the Government, the foundations have been laid for the Constitution of a national labour Confederation. The Government observes, further, that the trade unions carry on their activities in full freedom, as is evidenced by the many collective agreements which are now negotiated before the labour inspectors. In the petroleum industry in particular, committees have been set up to study the new collective agreement which is to replace the Decree of 9 April 1951 which regulates conditions of employment in that industry and is shortly due to expire.
  1011. 1011 The Government points out, finally, that the draft Constitution which the Constituent Assembly is at present examining enunciates the fundamental principles which will govern trade union activities. It would appear from the text of the draft which the Government annexes to its reply that labour legislation will have to guarantee the following rights in particular : the right of workers to form trade unions for all lawful purposes, the right to conclude collective agreements which may contain union security clauses, the right to strike except in public services prescribed by law, conciliation of disputes between employers and workers. Legislation will also be required to ensure stability of employment to members of union executives except in the case of dismissal for justifiable reasons.
  1012. 1012 From its examination of the case as a whole, the Committee has reached the following conclusions:
  1. (1) With regard to the trade union situation in general, the Committee has noted with satisfaction that some of the restrictions previously imposed on the exercise of trade union rights have actually been raised, as is evidenced by the restoration of the freedom of trade union meeting, the restitution of trade union funds which had been seized, the freedom to form trade unions and, within certain limits, trade union federations or Confederations. However, it does not appear that the Decrees issued in 1949 which dissolved the Venezuelan Confederation of Workers and most of its affiliated unions and federations have actually been repealed. In these circumstances, the Committee considers that it would be desirable for the Government to envisage the adoption of measures to restore to employers and workers the full freedom to form and join trade union organisations of their own choosing.
  2. (2) With regard to the trade union situation in the petroleum industry, in particular, the Committee has noted with satisfaction that the trade unions which were dissolved in 1950 have been able to re-establish themselves in the same districts and with the same membership as before. The Committee nevertheless wishes to emphasise that the dissolution of the trade unions in the petroleum industry, decreed pursuant to the law respecting full powers, constituted a serious infringement of the exercise of trade union rights and was contrary to the universally accepted principle, which is enunciated in the Freedom of Association and Protection of the Right to Organise Convention, that workers' and employers' organisations should not be liable to be dissolved or suspended by administrative authority.
  3. (3) With regard to the re-establishment of fundamental guarantees, the Committee has also noted with satisfaction that most of the fundamental freedoms suspended in 1948 have been restored. It has noted, also, that, according to the provisions of the draft Constitution which the new Constituent Assembly is now examining, labour legislation will be required to ensure to workers the right to form trade unions and other fundamental trade union rights. The Committee, convinced that a genuinely free and independent trade union movement can develop only under a régime which guarantees fundamental human rights, expresses the hope that the new Constituent Assembly will re-establish these guarantees in full.
  4. (4) The Committee has also noted with satisfaction that the majority of the trade union leaders or members who were in custody have been set free. It suggests that the Government might consider the possibility of liberating also the trade union leaders or members who are stated still to be in custody and not to have enjoyed the guarantees afforded by normal judicial procedure.
  5. (5) The Committee has noted the assurances given by the Government that all measures taken against trade unions or against trade union leaders or members have been taken not on the grounds of their trade union activities but solely because of their political activities. In order that trade unions may be sheltered from political vicissitudes and in order that they may avoid being dependent on the public authorities, the Committee considers that it is desirable that employers' and workers' organisations, on the one hand, should limit the field of their activities, without prejudice to the freedom of opinion of their members, to the occupational and trade union fields, and that the Government, on the other hand, should refrain from interfering in the operation of trade unions.

The Committee's recommendations

1. 1013. In conclusion, the Committee recommends the Governing Body to express the hope that the discussions on the measures necessary to secure a fuller application of the principles of freedom of association which have been taking place between the Venezuelan Government and the national and international trade union organisations concerned, will be continued, and, in this connection, to decide to draw the attention of the Government of Venezuela to the desirability of:
   • (i) taking appropriate measures to ensure to employers and workers full freedom to form, within the limits of the law, organisations of their own choosing and to join such organisations ;
   • (ii) re-examining the cases of trade union leaders who are stated still to be in custody under the provisions of emergency legislation, in order to ensure that no person shall, without having had the benefit of the guarantees afforded by normal judicial procedure, be deprived of his freedom because of his membership of a trade union or of his lawful trade union activities ;
   • (iii) re-examining the legal provisions at present in force with respect to employers' and workers' organisations in order to bring them into harmony with the principles laid down in the Freedom of Association and Protection of the Right to Organise Convention, 1948, and the Right to Organise and Collective Bargaining Convention, 1949, and, in particular, the provisions relating to the cancellation of the registration of trade unions and to the dissolution of trade unions by administrative authority.