Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Venezuela (Bolivarian Republic of) (Ratification: 1971)

The Committee notes the observations of the Confederation of Autonomous Trade Unions (CODESA), the Confederation of Workers of Venezuela (CTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), the General Confederation of Workers (CGT), the Independent Trade Union Alliance Confederation of Workers (CTASI), the National Union of Workers of Venezuela (UNETE) and the United Federation of Workers of Venezuela (CUTV), received on 31 August 2024. The Committee requests the Government to provide its comments in this regard.

Article 1(1)(a) of the Convention. Discrimination on the basis of political opinion. The Committee recalls that, in its previous comments, it noted the high number of acts relating to discrimination on the basis of political opinion denounced for many years by various trade union confederations in the country, and it firmly urged the Government to take measures without delay to establish a working group involving all the trade union organizations concerned in order to examine and deal with all the complaints in question. The Committee expresses deep regret that the Government has not provided information in its report on any measures in this respect. The Committee notes the Government’s repeated indication that it is the guarantor of the protection of the rights of all men and women workers, its reference to the legislative framework to combat discrimination and its indication that it is the responsibility of the competent bodies (the Institute for Occupational Prevention, Safety and Health and the labour inspectorate) to receive complaints and determine the existence of political discrimination. The Government adds that, with reference to the dismissal of over 650 public officials, workers and contractual workers of the National Assembly, the labour inspection services have only had 112 cases referred to them which are under examination, but that “in none of the alleged cases can it be claimed that they involve work-related harassment or that the dismissals were based on political discrimination, since the State of Venezuela upholds the values of the rule of law and political pluralism”. The Committee notes with deep concern that it is continuing to receive observations from the trade unions referred to above alleging dismissals, threats, harassment and discrimination in employment and occupation on grounds of political opinion in the public administration and State enterprises, particularly following the presidential election in 2024 in relation to workers who did not support the presidential candidate, who had expressed support for opposition figures and who questioned the official results. The trade unions also indicate that measures have not been taken for the establishment of the working group as urged by the Committee and that State institutions are not currently capable of dealing independently with complaints of discrimination in employment on political grounds, for which reason many of them are raised in the media. The trade unions add that the Trade Union Network (a support platform for Venezuelan trade unions) has established complaint mechanisms to support the victims of political discrimination. The Committee further notes that both the Government and the trade union organizations referred to above refer to cases of trade union discrimination, some of which are under examination by the ILO Committee on Freedom of Association (Cases Nos 3374 and 3451).

The Committee also notes with concern the serious situation of political discrimination in the country, as described in the reports and press releases of United Nations bodies and the Inter-American Human Rights system. The independent international fact-finding mission on the Bolivarian Republic of Venezuela (MII), established in 2019, indicates in its report and detailed conclusions of 2024 that: (1) a climate of generalized hostility, violence and fear among the population has been created in the country, and the multiple violations of human rights form part of “a State policy to silence, discourage, and stifle opposition”; (2) since October 2023, “the State began to reactivate its machinery of repression” and the repression intensified following the presidential election on 28 July 2024 in order to silence political opponents or persons perceived as such, including the general public, targeted for simply demonstrating their disagreement with the Government or the results of the election; and (3) cases have been documented of the harassment, threats, persecution and detention of journalists and human rights defenders, the dismissal and imprisonment of prosecutors and judges for refusing to issue arrest warrants without a legal basis and failing to identify crimes in relation to police detentions, the dismissal of dissident public officials and the arrest of business owners or workers, and their relatives, simply for providing accommodation, food, transport or technical production services for the electoral events of the opposition (A/HRC/57/CRP.5, of 14 October 2024, paragraphs 65, 860 and 864-869; and A/HRC/57/57, of 19 September 2024, paragraphs 30, 52, 63, 96 and 100). The Committee notes that the United Nations Human Rights Council has expressed alarm “at continued reports of worsening human rights violations and abuses and increasing restrictions of civic and democratic space” and decided to extend the mandate of the MII until 2026 (A/HRC/RES/57/36, of 14 October 2024, preamble and paragraph 16). Various independent experts of the United Nations, as well as the High Commissioner for Human Rights, have also expressed concern at the human rights violations against members of the opposition or those perceived to be connected to them (press releases of 4 September 2024 and 13 August 2024).

The Committee also notes that the Inter-American Commission on Human Rights (IACHR) has issued alerts concerning political persecution in the country (press releases Nos 166/24, of 19 July 2024, and 159/24, of 8 July 2024) and in various cases has granted precautionary measures requesting the country to adopt the necessary measures to ensure that the beneficiaries can continue engaging in political activities, journalism or the defence of human rights without being subjected to threats, harassment or violence.

The Committee also recalls that, in the report of the Commission of Inquiry appointed under article 26 of the ILO Constitution relating to the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Commission of Inquiry noted in its conclusions the existence of “a climate of hostility, interference and the exclusion of social dialogue for employers’ and workers’ organizations that are not close to the Government, as well as for their leaders and members” (Report of the Commission of Inquiry, 2019, Chapter 7).

The Committee considers that a climate of violence, insecurity and intimidation such as that described by the information received, United Nations Bodies and the IACHR favours serious acts of discrimination in employment and occupation against persons who express their views on political matters. The Committee deeply deplores that, as a result of exercising the right of expression on political matters, workers are subjected to the violations of their human rights noted by United Nations bodies.

Under these conditions, the Committee urges the Government to take the necessary measures to comply with its observations on this subject and therefore once again firmly urges the Government to: (i) take measures without delay to establish a working group involving all the representatives of the trade union organizations concerned – including the Office of the Ombudsman if the parties consider it appropriate – to examine and deal with all the complaints in question; and (ii) guarantee the safety and physical security of the participants in the working group and ensure that they do not suffer from threats or intimidation of any type. The Committee also requests the Government to: (i) take urgent additional measures to eradicate discrimination in employment and occupation for political reasons and provide adequate protection to workers in the event of discrimination on grounds of political opinion; and (ii) provide information on the results of any investigations undertaken on complaints to the administrative or judicial authorities of acts of discrimination on grounds of political opinion.

Discrimination on the basis of national extraction. Legislation.The Committee notes the information provided by the Government, which does not cover what is required in the Convention, and once again firmly urges the Government to take the necessary measures to ensure that the legislation explicitly includes national extraction (discrimination between persons who, although of the same nationality, are of foreign birth or origin, are descended from foreign immigrants or belong to groups with different origins) as one of the prohibited grounds of discrimination. The Committee requests the Government to provide information on any measures adopted or envisaged in this respect.

Discrimination on the basis of sex. Sexual harassment. The Committee notes the Government’s indication in its report that the National Institute for Occupational Prevention, Safety and Health (INSASEL) has the competence to receive complaints of labour and sexual harassment and infringements of the Basic Act on prevention, working conditions and the working environment (LOPCYMAT). The Committee notes that, in its concluding observations of 2023, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) notes with concern information received on sexual harassment against women and girls in education institutions and reports of sexual harassment and other forms of gender-based violence against women in the workplace (CEDAW/C/VEN/CO/9, 31 May 2023, paragraphs 33 and 35). The Committee once again requests the Government to provide information on: (i) the training carried out with entities responsible for receiving complaints of sexual harassment, and particularly on whether these deal with issues related to sexual harassment and its underlying causes, such as gender stereotypes; (ii) the specific cases in which failure to comply with the LOPCYMAT is observed and the specific assistance measures adopted and warnings issued; and (iii) the number of cases of sexual harassment, and the action taken to deal with them, the sanctions imposed and the remedies granted.

Article 1(1)(b). Discrimination on the basis of HIV status. The Committee notes the Government’s indications on the legislation that is applicable to cases of discrimination on grounds of HIV status, and that the INSASEL has the competence to deal with such cases, including cases of failure to comply with the prohibition on requiring HIV tests or carrying them out without consent. The Committee requests the Government to provide information on any cases that are identified of discrimination on the basis of HIV status, real or perceived, or which have been brought to the competent authorities, whether in relation to mandatory HIV testing or discriminatory behaviour of any other type.

Articles 2 and 3(f). National equality policies. The Committee notes the Government’s indication, in response to its previous comments, that: (1) the National Plan (Plan de la Patria) 2019–2025 has had positive results on the well-being of the population; (2) the “Great Venezuela Women Mission” was launched in 2023 and includes, among its action areas, measures on education (the Educate Yourself Woman (Edúcate Mujer) programme in the National Socialist Training and Education Institute), on women’s economic independence (the CrediMujer Plan for Economic and Financial Support for Women) and on the eradication of violence and participation of women in society; and (3) the Hugo Chávez Great Equality and Social Justice Mission was launched in 2024, within the framework of the Plan de la Patria and the seven focus areas for transformation, the primary objectives of which include organization for equality and social justice. In this regard, the Committee recalls that it is essential to follow up on the plans and policies implemented, and that the collection of accurate and detailed data is crucial as it enables the evaluation of the effectiveness of the measures adopted and, at the same time, the development of future policy measures in light of evidence-based information (see the 2023 General Survey on achieving gender equality at work, paragraphs 304 and 868). The Committee requests the Government to provide specific information on: (i) the action and measures adopted for the application of the principle of equality and non-discrimination in employment and occupation, as recognized by the Convention; and (ii) the results achieved with such measures (for example, information, disaggregated by sex and other criteria, on the number of beneficiaries of credit and training and placement programmes, and on trends in employment rates and terms and conditions of employment).

[The Government is asked to reply in full to the present comments in 2025.]