Allegations: (i) acts of harassment, stigmatization and intimidation towards
employers’ leaders and their organizations, including acts of violence against them; and
(ii) the marginalization and exclusion of the employers’ organization FEDECAMARAS from
decision-making processes, thereby excluding social dialogue, tripartism and, more
generally, consultations on the adoption of social and economic decisions
- 313. The Committee last examined this case (presented in March 2003) at
its meeting in June 2025 and presented on that occasion an interim report to the
Governing Body [see 411th Report, paras 527 to 556, approved by the Governing Body at
its 354th Session (June 2025)].
- 314. At its meeting in March 2026 [see 413th Report, para. 7], the
Committee issued an urgent appeal to the Government, indicating that, in accordance with
the procedural rules set out in paragraph 17 of its 127th Report, approved by the
Governing Body (1971), it could present a report on the substance of the case at its
next meeting even if the information or observations requested had not been received in
due time. To date, the Government has not sent any information.
- 315. The Committee recalls that various recommendations of the Commission
of Inquiry – appointed by the Governing Body in the light of the complaint made under
article 26 of the ILO Constitution by various Employers’ delegates to the 104th Session
of the International Labour Conference against the Bolivarian Republic of Venezuela, and
mandated to examine the country’s non-observance of the Freedom of Association and
Protection of the Right to Organise Convention, 1948 (No. 87), among other Conventions –
refer to issues raised in the present case. The Committee observes that the Commission
of Inquiry established in its report that, in the light of the gravity of the issues
raised, the situation and the progress achieved on its recommendations should be the
subject of active supervision by the ILO supervisory bodies concerned. Given the gravity
and persistence of the matters involved in this case, the Committee requested the
Government to send its observations in relation to its previous recommendations and in
the light of the relevant recommendations of the Commission of Inquiry, so that it might
pursue its examination of the case with full knowledge of the facts. The Committee
observes that the Governing Body, at each of its sessions, discusses the periodic
progress report on developments concerning the social dialogue forum set up to give
effect to the recommendations of the Commission of Inquiry with respect to the
Government of the Bolivarian Republic of Venezuela.
- 316. The Bolivarian Republic of Venezuela has ratified Convention No. 87
and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
A. Previous examination of the case
A. Previous examination of the case- 317. In its previous examination of the case at its meeting in June 2025,
the Committee made the following recommendations [see 411th Report, para. 556]:
-
(a) The Committee requests the Government to provide detailed information on: (i) the holding of the fifth session and next sessions of the social dialogue forum and the specific results of those sessions, as follow-up to the recommendations of the Commission of Inquiry; and (ii) the specific measures taken to generate a climate of trust based on respect for employers’ and trade union organizations with a view to promoting stable industrial relations and to ensure that the processes of dialogue and tripartite consultation are genuine, effective and comply with the formalities recommended by the Commission of Inquiry and other ILO supervisory bodies. The Committee strongly encourages the Government to avail itself of technical assistance from the Office in this respect, especially through in-person assistance from the ILO special adviser on social dialogue.
- (b) The Committee expects the leaders of FEDECAMARAS to be able to exercise their representative activities in an environment of freedom and respect for their rights.
- (c) The Committee firmly urges the Government and all competent authorities to take all necessary measures without delay to ensure that all of the instigators and perpetrators of the attacks examined in this case are identified and appropriately punished and to ensure that any compensation measures sought by the victims of those attacks are applied. The Committee requests the Government to provide specific information on progress made in this respect.
- (d) The Committee expects the Government to redouble its efforts to ensure the implementation of all commitments made in the plan of action and requests it to provide specific information on progress achieved in this regard, including in relation to Workers’ Production Councils and cases of expropriation of land.
- (e) The Committee draws the special attention of the Governing Body to the serious and urgent nature of this case.
B. The Committee’s conclusions
B. The Committee’s conclusions- 318. The Committee recalls that, in the context of this case, it has been
examining since 2004 serious allegations of violations of freedom of association
relating notably to: (i) acts of harassment, stigmatization and intimidation towards
employers’ leaders and their organizations, including acts of violence against them; and
(ii) the public authorities’ marginalization and exclusion of the employers’
organization FEDECAMARAS from decision-making processes, thereby excluding social
dialogue, tripartism and, more generally, consultations on the adoption of social and
economic decisions.
- 319. The Committee regrets the fact that, despite the time elapsed since
the last examination of the case in June 2025, the Government has still not provided its
observations, even though it has been asked to do so several times, including through an
urgent appeal made at its meeting in March 2026. Under these circumstances and in
accordance with the applicable procedural rule [see 127th Report, approved by the
Governing Body at its 184th Session (1972)], the Committee is obliged to present a
report on the substance of the case without being able to take account of the
information that it hoped to receive from the Government.
- 320. The Committee reminds the Government that the purpose of the whole
procedure established by the International Labour Organization for the examination of
allegations of violations of freedom of association is to ensure respect for trade union
rights in law and in practice. While this procedure protects governments against
unreasonable accusations, they must recognize the importance of formulating, for
objective examination, detailed replies concerning allegations brought against them [see
First Report of the Committee, 1952, para. 31].
- 321. The Committee observes, moreover, that, since the last examination
of the case, it has also not received any information from the complainant
organizations.
- 322. The Committee observes that the Governing Body examined, at its
355th and 356th Sessions, held in November 2025 and March 2026 respectively,
developments concerning the social dialogue forum set up to give effect to the
recommendations made by the Commission of Inquiry. It further observes that, at the
latter meeting, the Government indicated its intention to hold the fifth session of the
forum in the second half of April 2026. The Governing Body, while regretting the lack of
progress in the implementation of the recommendations of the Commission of Inquiry,
expressed its firm expectation that, with the Office’s technical assistance, preferably
in person, the fifth session of the social dialogue forum to be held in the second half
of April 2026 would result in the adoption of an updated action plan leading to the full
implementation of the recommendations of the Commission of Inquiry in order to advance
social dialogue and promote national reconciliation and social justice as foundations
for lasting peace and prosperity in the Bolivarian Republic of Venezuela. It also
repeated its call to the Government to make the necessary arrangements to enable the
Office to deliver technical assistance, preferably in person, to the social partners
during and between sessions of the social dialogue forum.
- 323. The Committee observes that, according to the information provided
to the Office, the fifth session of the social dialogue forum was held on 28 and
29 April in Caracas, Bolivarian Republic of Venezuela, and takes note that, on that
occasion, the Government together with the workers’ and employers’ organizations that
participated, including FEDECAMARAS, agreed, with the technical assistance of the ILO,
to continue adopting measures aimed at deepening and strengthening social dialogue in
the country, as well as updating the action plan. The Committee observes that, among
other matters, and in particular in relation to the issues under examination in the
present case, it was agreed to: (i) continue strengthening and institutionalizing
tripartite social dialogue spaces in coordination with the National Dialogue Roundtable
for Labour and Social Consensus and to consider holding a further session of the social
dialogue forum with the technical assistance of the ILO; (ii) with regard to the
Workers’ Production Councils, continue reviewing legislation and practice, inviting
employers’ organizations to submit their observations and proposals, as well as through
technical meetings, with a view to regulating their functioning within a period not
exceeding 90 days; (iii) taking note of the steps taken in cases relating to lands
belonging to FEDECAMARAS leaders and of the reduction in the number of cases initially
identified, resume dialogue and coordination with the competent bodies for the
resolution of the cases still pending, especially those highlighted by the Commission of
Inquiry, within a period not exceeding 30 days; (iv) continue holding quarterly meetings
in order to ensure the implementation and follow-up of the commitments undertaken at the
fifth forum, with a view to producing a detailed report on progress achieved; and (v)
request and facilitate technical assistance from the ILO in its various modalities,
particularly in training on international labour standards for government officials and
in strengthening workers’ and employers’ organizations.
- 324. The Committee welcomes the holding of the fifth session of the
social dialogue forum and the updating of the action plan in the manner described. The
Committee expresses its firm hope that every effort will continue to be made to ensure
compliance with all the commitments undertaken in that action plan and requests the
Government to provide precise information on progress made in this regard, in follow-up
to the recommendations of the Commission of Inquiry, including those relating to the
Workers’ Production Councils and cases of land expropriation.
- 325. The Committee firmly expects that the Government will continue
taking, in line with what was agreed at the fifth session of the forum, measures to
generate a climate of trust based on respect for employers’ and trade union
organizations with a view to promoting stable industrial relations and to ensure that
the processes of dialogue and tripartite consultation are genuine, effective and comply
with the formalities recommended by the Commission of Inquiry and other ILO supervisory
bodies. In this context, the Committee trusts that the Government will ensure that the
leaders of FEDECAMARAS may exercise their representative activities in an environment of
freedom and respect for their rights.
- 326. Finally, the Committee recalls that, in its previous examinations of
the case, it firmly urged the Government and all competent authorities to take all
necessary measures without delay to ensure that all of the instigators and perpetrators
of the attacks against FEDECAMARAS leaders and premises (detailed in the 2021
examination of the case) are identified and appropriately punished as soon as possible
and to ensure that any compensation measures sought by the victims of those attacks are
applied. The Committee requested the Government to provide specific information on
progress made in this respect. In the absence of such information, the Committee
reiterates its previous recommendations.
C. The Committee’s recommendations
C. The Committee’s recommendations- 327. In the light of its foregoing interim conclusions, the Committee
invites the Governing Body to approve the following recommendations:
- (a) The
Committee expresses its firm hope that every effort will continue to be made to
ensure compliance with all the commitments undertaken in the action plan and
requests the Government to provide precise information on progress made in this
regard, in follow-up to the recommendations of the Commission of Inquiry, including
those relating to the Workers’ Production Councils and cases of land
expropriation.
- (b) The Committee firmly expects that the Government will
continue taking, in line with what was agreed at the fifth session of the forum,
measures to generate a climate of trust based on respect for employers’ and trade
union organizations with a view to promoting stable industrial relations and to
ensure that the processes of dialogue and tripartite consultation are genuine,
effective and comply with the formalities recommended by the Commission of Inquiry
and other ILO supervisory bodies.
- (c) The Committee trusts that the
Government will ensure that the leaders of FEDECAMARAS may exercise their
representative activities in an environment of freedom and respect for their
rights.
- (d) The Committee once again firmly urges the Government and all
competent authorities to take all necessary measures without delay to ensure that
all of the instigators and perpetrators of the attacks against FEDECAMARAS leaders
and premises (detailed in the 2021 examination of the case) are identified and
appropriately punished as soon as possible and to ensure that any compensation
measures sought by the victims of those attacks are applied. The Committee requests
the Government to provide specific information on progress made in this
respect.
- (e) The Committee draws the special attention of the Governing Body
to the serious and urgent nature of this case.