Caso individual (CAS) - Discusión: 2003, Publicación: 91ª reunión CIT (2003)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Venezuela (República Bolivariana de) (Ratificación : 1982)

The Government supplied the following written information.

On 29 May 2003, facilitated by the Organization of the American States, the United Nations Development Programme and the Carter Centre, there was signed the "Agreement between the representatives of the Government of the Bolivarian Republic of Venezuela and the political and social groups supporting it, and the Coordinadora Democrática and the political and civil society organizations supporting it". The signatories of the Agreement included the representatives of the Confederation of Workers of Venezuela (CTV) and the employers' organization, FEDECAMARAS. With this Agreement, the constitutional government and the political opposition are closing the period of political instability provoked by the aborted coup d'état of April 2002 and, at the same time, recognizing the existing constitutional order as a framework accepted by the majority for maintaining democracy in Venezuela.

On 9 May 2003, the parliamentary group of the ruling party in the National Assembly proceeded to submit a draft bill to reform the Organic Labour Act. The bill responds to the recommendations made by the supervisory bodies of the ILO as to the need to bring the national provisions into conformity with the obligations under ratified Conventions Nos. 87 and 98. As a result of the legislative process to discuss and adopt the draft reform of the Organic Labour Act, the Permanent Committee on Integrated Social Development of the National Assembly has definitely withdrew from its legislative agenda the draft bill on the trade union guarantees, following the observations made by the Committee of Experts on the Application of Conventions and Recommendations and the direct contacts mission.

On 19 November 2002, the Gaceta Oficial No. 37.573 published the new Organic Labour Act respecting the Electoral Authority, section 33 of which stipulates the following:

The National Electoral Council has the following competence:

...

2. Organize the elections in the trade unions, while respecting their autonomy and independence, in compliance with the international treaties in this area concluded by the Bolivarian Republic of Venezuela, providing them with the corresponding technical and logistical support. Equally, the elections in occupational unions, and in the organizations with political aims; in the civil society; in the later case when it is so requested or ordered by the final decision of the Electoral Chamber of the Supreme Court of Justice.

This law limits and conditions any action of the National Electoral Council in terms of the independence and autonomy of the trade union organizations and the obligations assumed by the Republic under the international treaties and conventions on human rights, including Conventions Nos. 87 and 98. According to article 23 of the Constitution, these treaties and conventions shall be applied in a direct and preferential manner, subjecting any participation of the National Electoral Council to the voluntary and free expression of consent on the part of the trade unions. The similar approach is taken in the draft bill to reform the Organic Labour Act.

The entry into force of paragraph 2 of section 33 of the Organic Labour Act respecting the Electoral Authority repeals the eighth transitional provision of the Constitution of the Republic, as well as the special transitional rules for the renewal of trade union leadership, approved by the resolution No. 010418-113 of 18 April 2001 of the National Electoral Council. Henceforth, the Council will not be able to convene, monitor or supervise the elections and could only provide technical assistance on request from the trade union organizations themselves.

The Government representative recalled that the previous year he had been present in the Committee shortly after the coup d'état which had threatened the political and economic stability of his country. On that occasion, his Government had undertaken publicly together with the representatives of the national parliament to adopt a series of legislative and administrative measures which would adapt the national regulations to the obligations deriving from Convention No. 87 and the recommendations made by the direct contacts mission which had visited the country in May 2002. Over the past year, and despite the difficulties, it could be seen from the observations of the Committee of Experts and document D.9 that there was the will to change and an institutional desire to make progress.

He indicated that, with regard to the Organic Labour Act of 1990, as amended in 1997, which had been criticized on many occasions by the Committee of Experts, preliminary draft legislation had been developed which took up all the proposals made by the Committee of Experts and the direct contacts mission. In this respect, sections 408 and 409, which made an over-detailed enumeration of the functions and purposes of workers' organizations were being repealed; section 419 requiring an excessively high number of employers to establish an employers' organization was being amended to reduce this number from ten to four employers; the number of workers required to establish independent trade unions, as set out in section 418, was being reduced from 100 to 40; and section 404 setting out the requirement for an excessively long period of residence in the country before foreign workers could become members of the executive bodies of a trade union was being amended to reduce this period from ten to five years. He added that the above draft text was included in the legislative agenda with a view to its adoption in first discussion. The draft legislation not only included the recommendations of the Committee of Experts, but also amended structural aspects affecting the exercise of freedom of association and collective bargaining. In this respect, the broad interpretation of the so-called "State security bodies", which allowed discriminatory practices against civilian personnel and civil protection employees, such as firefighters, who had been the subject of discrimination by local and regional authorities for almost ten years, was being amended. The exercise of freedom of association had been extended to public officials within the meaning adopted by the Act issuing the conditions of service of the public service, in derogation from the special regulations permitting the arbitrary intervention of the national authorities and removing them from the purview of trade union organizations. The draft text included measures of protection for workers against acts of anti-union discrimination and imposed severe penalties on those who violated these rights. It assured justice that was rapid, less rigid and more effective. The draft legislation also reinstated the system of compensation for unjustified dismissal, thereby protecting the workers discriminated against by the last reform of the Organic Labour Act of 1997. More precise regulations were included on mass redundancies, the reduction of working hours and the strengthening of labour administration. The latter was open to consultation with the social partners.

With regard to the concept of the "alternation of executive officers by means of universal, direct and secret suffrage" as envisaged in article 95 of the Constitution, which had been criticized by the Committee of Experts, the Government accepted the recommendation of envisaging the possibility that executive officers of trade unions could be re-elected and indicated that the term "alternation" did not refer to the prohibition of re-election, which in his view did not exist, but to the regular holding of elections by organizations.

In the context of the discussion of the draft reform of the Organic Labour Act, the Permanent Committee for Integral Social Development of the National Assembly had struck the Bill on trade union safeguards off the legislative agenda. This measure would incorporate all recommendations made by the Committee of Experts and the direct contacts mission. With regard to the system of trade union elections envisaged in article 293 and the eighth transitional provision of the Constitution, he indicated that on 19 November 2002 the very recent Organic Act on the Electoral Authority had been published, section 33 of which provided that the National Electoral Council was competent for the organization of elections of trade unions while respecting their autonomy and independence in accordance with international treaties through the provision of technical assistance. This provision limited the competence of the National Electoral Council and made its participation subject to the free and prior consent of trade union organizations. The Organic Act on the Electoral Authority repealed the eighth transitional provision of the Constitution and reduced the competence of the National Electoral Council so that it could no longer participate in the convening, organization, supervision or inspection of elections and its participation would only be possible at the prior request of trade union organizations. The Organic Act also repealed the Special Statute for the Renovation of Trade Union Leadership. He added that on 11 July 2002, the Act issuing the conditions of service of the public service had entered into force. The Act made the legal status of trade unions of public employees equal with other workers' organizations in the country by repealing the Regulations respecting trade unions of public employees of 1971. This had enabled the Latin American Confederation of Workers to withdraw the complaint submitted to the Committee on Freedom of Association on this issue.

With regard to resolution 01-00-012 of the Office of the Comptroller of the Republic, requiring trade union officials to make a sworn statement of assets at the beginning and end of their mandate, an obligation also set out in the statutes of certain trade union organizations, he indicated that the Ministry of Labour had accepted the criterion of the Committee of Experts and the direct contacts mission through an instruction issued to all employees in this respect. The Office of the Prosecutor of the Republic had issued a new resolution in March 2003 which, in the view of the Ministry of Labour, also failed to comply with international obligations, although it recognized that the sworn statement of assets would be made freely and would not be obligatory.

Finally, he observed that the Government shared the observations of the Committee of Experts regarding the need to respect public freedoms in order to be able to exercise trade union rights. He indicated that on 29 May 2003, as a result of the intervention of the Organization of American States (OAS), the United Nations Development Programme (UNDP) and the Carter Centre, an agreement had been signed between the representatives of the Government of the Bolivarian Republic and the political and social groups supporting it, and the democratic coordination and the political organizations and organizations of civil society supporting it. The representatives of the political opposition included members of one of the five workers' confederations of the country, the Confederation of Workers of Venezuela (CTV), and the most representative organization of employers, FEDECAMARAS. The agreement implied an undertaking to resolve differences by democratic means in accordance with the Constitution, the full observance of human rights and the submission of the authorities and citizens to the rule of law and to institutions. Through this agreement, both the constitutional Government and the opposition were seeking to bring to an end a phase of political instability and were recognizing the Constitution as being accepted by the majority as enshrining democratic coexistence in the country. The agreement called upon the National Assembly to adopt the Act establishing the Truth Commission, which would investigate the events that had occurred between 11 and 15 April 2002 when human rights had been violated. Without prejudice to the above, the judicial system had taken penal action against those who had made unwarranted use of arms on that occasion, including police and military officials directly and presumably involved in the coup d'état of April 2002. The Government emphasized that on that occasion, despite the difficulties experienced, it had not resorted, as was traditionally done, to declaring a state of emergency or to suspending constitutional guarantees. With regard to social dialogue, he indicated that the agreement demonstrated the efforts and initiatives made by the Government. Following April 2002, the Government had set up tripartite round tables in the automobile, chemical, pharmaceutical, textile, transport, cooperative and small and medium-sized enterprises sectors. This had been a one-year experience in which the ILO's principles had been fundamental. Recently, difficulties had been encountered in the dialogue with employers' and workers' organizations. Nevertheless, he considered that the agreement that had been concluded would make it possible to resolve this situation. In conclusion, his country was encountering difficulties arising out of its will to change a society of poverty and exclusion into an inclusive and participatory society in which human rights were broadly enjoyed. In this framework, the ILO's cooperation and technical assistance from headquarters and the Multidisciplinary Advisory Team in Lima were essential for the training of public officials and the social partners.

The Employer members recalled that the case of Venezuela had been before the Committee since 1995 and that for the past three years the Committee's conclusions on this case had been placed in a special paragraph of its report for continued non-compliance with the provisions of the Convention. It was well known that the country had been going through a difficult political situation for some years. However, it was the role of the Committee to concentrate on issues relating to labour law and the fulfilment of the obligations of the Convention, even if the Government representative had dedicated much of his statement to his country's political problems. The Employer members recalled that the direct contacts mission which had visited the country after some delay in May 2002 had confirmed that the situation gave grounds for serious concern. In its observation, the Committee of Experts had referred to the findings of the mission that repeated acts of violence continued to be perpetrated against trade union leaders and members, especially by paramilitary groups, and that there were hardly any consultations with the social partners on important matters relating to labour law. In this respect, the Employer members reaffirmed that respect for basic civil rights was a prerequisite for the effective exercise of freedom of association. In their view, the Government should take a proactive approach in this respect and adopt measures to punish persons who committed such crimes.

With reference to the amendments to the national legislation announced by the Government representative, they noted that there was no indication of whether the amendments had actually been made to resolve the problems cited by the Committee of Experts, particularly relating to the excessively high number of workers and employers required to establish representative organizations and the restrictions on the number of years during which the leaders of such organizations could remain in office. Although the Government representative had referred to the information contained in document D.9, the Employer members recalled that this information was of a political nature and contained no details on the changes made to the labour law. There remained numerous problems with regard to compliance with the Convention, some of which were embedded in the provisions of the Constitution, which meant that it was very difficult to change the labour legislation without the relevant constitutional amendments. The Government representative had intimated that some of these problems arose out of the interpretation of the relevant provisions, but the question therefore arose as to where the final responsibility lay for interpreting the law in this report.

With regard to the comments made by the Committee of Experts concerning article 293 and the eighth transitional provision of the Constitution, which provided that the National Electoral Council was responsible for organizing the elections of occupational organizations, the Employer members emphasized that this left no freedom for employers' and workers' organizations with regard to the election of their leaders. The Government representative had announced draft legislation to amend this provision. Such announcements had been heard on previous occasions, but the direct contacts mission had indicated that the National Electoral Council continued to intervene in trade union affairs. In this respect, they reaffirmed that interference in the electoral procedures of employers' or workers' organizations was a very serious violation of the Convention. The same applied to any requirement for a statement of assets by the leaders of such organizations at the beginning and end of their mandate. All of the above led to the conclusion that nothing had changed in practice, despite the repeated promises made. The Employer members therefore urged the Government to agree to receive a further direct contacts mission. If the measures announced by the Government had been planned in good faith, such a mission should cause no problems for the Government. Indeed, a Government which had expressed worthy intentions for the past eight years should consider a direct contacts mission as being a moderate and useful means of cooperation.

Expressing their serious concern at the situation in Venezuela, the Employer members stated that even though they would like to think that the situation was improving, and that there had been no persecutions of workers or employers, the fact could not be overlooked that serious violations of Convention No. 87 continued. The detention of leaders of employers' and workers' organizations for their activities was contrary to the principles of freedom of association. Indeed, the exercise of the activities of employers' and workers' organizations had to be free from pressure, persecution and acts intended to discredit them. The Employer members considered that the case under examination did not relate exclusively to political questions, but also to the freedom of association of employers and workers as envisaged in Convention No. 87, and that they constituted a fundamental human right. There could be no valid action or attitude if the fundamental human rights were not respected in the first place. There was painful evidence that violations were being perpetrated. However, they indicated that they did not want to confront the Government.

They added that, while on the one hand, the Government was indicating that it had recourse to the assistance of international organizations, on the other hand, it was not possible to affirm that the results of the direct contacts mission in 2002 had had a positive impact with regard to the establishment of social dialogue. If there was no respect for the social partners, there could be no dialogue. The Employer members were aware of the importance of tripartism and wanted everyone to participate. The events that gave rise to complaints demonstrated that the situation was serious. They emphasized that they were sufficient so that on other occasions the employers would have sought the adoption of more serious measures, such as a Commission of Inquiry. Nevertheless, under the present circumstances, they wished to reconstitute a situation of dialogue and tripartism.

They wondered how it was possible to achieve freedom if there were detentions and an absence of freedom of expression, or if the law restricted these freedoms. They recalled that national constitutions were sovereign, but did not prevail over fundamental human rights. The Employer members supported all institutions which protected human rights, and agreed that there was no place for enterprise if these rights were not respected. The Employer members were prepared to be convinced that the good intentions of the Government could be harmonized with the interests of the social partners. They considered that the harm caused to employers' and workers' organizations had been very serious, but was still not irreparable. They considered that the situation justified the sending of a mission at the highest level, and they called for such a mission. They did not wish to have to consider the serious situation in Venezuela in the Governing Body or the Conference again, or to have to talk about negative results. They were in favour of social dialogue, and not against the Government of Venezuela.

The Worker members welcomed the information presented by the Government representative. They expressed their hope that the points which were not contained in document D.9 would be transmitted in writing. Last year, the application of Convention No. 87 in Venezuela had led to the adoption of a special paragraph. Meanwhile, the Committee on Freedom of Association had examined a number of cases relating to this situation, especially at its session held last March.

The report of the Committee of Experts mentioned that the direct contacts mission held in May 2002 pointed to the violent acts committed by paramilitary groups, with some complicity on behalf of the public authorities. These acts of violence included the death threats launched against trade unionists and the assassination of a trade union leader. The same mission denounced the lack of any significant consultations of the social partners. However, the speaker pointed out that a Bill on the reform of the Organic Labour Law in response to the requests of the Committee of Experts had been formulated. Having said that, a few contradictions persisted between the national Constitution and Convention No. 87: the mandate of trade union leaders was not renewable; the election of its members was subject to direct and universal suffrage; and the National Electoral Council intervened in trade union matters. They noted that some progress had been made. Resolution No. 010-00-012 obliging trade union leaders to declare their patrimony might be annulled. Several bills which were criticized had been withdrawn. Positive developments were made with respect to four cases mentioned by the Committee on Freedom of Association. However, the continued acts of the paramilitary groups against trade union leaders seriously compromised the application of Convention No. 87. A climate of violence and acts of discrimination launched against trade unions could only jeopardize freedom of association. On the basis of the above, the Worker members recommended the dispatch of a direct contacts mission to Venezuela to: (a) check the current status of the declared legislative reforms; and (b) to enable the free expression of employers' and workers' organizations in their relations with the Government. The Worker members further expressed their hope that the current situation of discrimination and acts of violence would be subject to impartial investigation.

The Worker member of Venezuela indicated that Venezuela was undergoing a process of change brought about at the grassroots. This has led to the creation of a wide, democratic and participatory movement. He endorsed the recommendations made by the Committee of Experts on the reform of the Organic Labour Act and informed the Committee of their current participation in a technical team within the Social Development Committee of the National Assembly. He pointed out that private sector employers were violating the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Protection of Wages Convention, 1949 (No. 95), and the Employment Policy Convention, 1964 (No. 122), by imposing on workers their redeployment through massive dismissals, reduction and retention of wages and other economic benefits and working conditions, in addition to the deferral of discussions on collective agreements. The speaker reiterated the importance of the autonomy and independence of workers' organizations vis-à-vis political parties, successive governments and employers' organizations. He said that, at a time when trade union membership was increasing, it was not appropriate to use the ILO, as a political forum to raise issues which should be resolved at the national level.

The Government representative of the United States underlined the conclusions and recommendations of the ILO supervisory bodies in this case on the critical importance of social dialogue and the right of workers' and employers' organizations to conduct their activities without government interference and in a climate of complete security. She expressed that respect for civil liberties, promotion of genuine social dialogue and the unfettered functioning of workers' and employers' organizations were not only essential to the exercise of freedom of association, they were essential for the creation of a productive and prosperous society. The speaker urged the Government of Venezuela to continue to work with the ILO to bring its law in line with its obligations under Convention No. 87 and to promote dialogue with all representative organizations of workers and employers.

The Government member of Sweden, also speaking on behalf of the Governments of Denmark, Finland, Iceland and Norway, noted with concern that this case had been examined on several occasions by the Conference Committee. While taking due note of the information given by the Government representative, the speaker deplored that the situation for trade unions and their officials still seemed to be precarious and that the Government had not held adequate consultations with social partners. The Government was urged to take necessary steps to ensure that workers' and employers' organizations could exercise their rights in full security, as well as a continuous dialogue with social partners.

The Employer member of Venezuela indicated that a few declarations did not reflect the present situation relating to the events of April 2002. He informed the Committee that the current Minister of Justice had confirmed that he had received the resignation of the President, so a coup d'état had never taken place. The improvements which were announced by the Government served only its own interests and the recent agreement, while it was signed by both the employers and civil society, excluded international observers. He highlighted the continued violations of Convention No. 87. The trade union movement had been attacked by the setting up of parallel movements. He stressed the importance of joint action by free and democratic workers' and employers' organizations in order to put an end to the current situation in Venezuela. The stoppage that had lasted two months in his country occurred as a result of the will of civil society and was called off in the hope that the Government would take a more flexible position. The speaker concluded by expressing the need for an end to the control exercised on workers' organizations, and for the restoration of democracy in Venezuela.

The Worker member of the United States reiterated his organization's commitment to and support of democratic institutions, the rule of law, and non-violence in Venezuela. He condemned the reprehensible coup d'état of April 2002 and stated that the AFL-CIO president expressed in October 2002 in a letter to President Chavez the firm conviction that all civic and collective actions in Venezuela must be peaceful and not against democratic institutions. He recalled the indications in the special paragraph in the 2002 Conference Committee report on progress as regards Article 2 of the Convention. The new section 33(2) of the Organic Law on the Electoral Authority significantly reduced the supervisory powers of the National Electoral Council in union elections and eliminated mandatory term limits for union leaders. Moreover, the agreement of May 2003 between representatives of the Government and of the opposition gave support for pluralist democracy. Despite these few positive steps, many setbacks had occurred. Article 293 of the Venezuelan Constitution maintained the Governments' interference in trade union elections, and furthermore the CTV's National Executive had not been legally recognized by the Venezuelan authorities despite the fact that this was part of the conclusions of 2002 ILO direct contacts mission and the Conference Committee's special paragraph last year.

With regard to the events in the petroleum sector, the speaker stated that although each State had a legitimate interest to maintain essential services, to protect national security, and to avoid violence and the destruction of property, it was against the principles of Convention No. 87 to retaliate against strikers for purely political or anti-union motives. Over 18,000 employees of all professions had not been allowed to return to work with negative effects on the productivity and technical capacity of the Venezuelan oil industry. The explanation given by the Government was contradictory, claiming at the same time that employees had voluntarily abandoned their work and that they had received disciplinary discharges for alleged sabotage. Moreover, employees on legitimate leave, including pregnancy leave and vacation, had been discharged. Recalling the assurances given that the employees would be readmitted, the speaker requested clarification on the progress made in this respect. He urged the Government to reconsider its refusal to readmit the strikers. The Government should foster an environment of reconciliation, justice and constructive negotiation. The unjustified detention order against the CTV president should be removed and the Government should take up its responsibility to investigate the assassination of CTV trade unionist Ricardo Herrera. The Worker member supported the request of the Worker members to dispatch a direct contacts mission to Venezuela.

The Worker member of Mexico recalled that, in December 1999, a new Constitution was approved in Venezuela by means of a popular referendum. This Constitution includes a number of infringements on freedom of association, a requirement for the alteration of union leaders and interference in the internal affairs of trade unions, namely its electoral procedures. He denounced the Government for conducting a policy of libel against the CTV and for refusing, in 2002, to accredit them to the ILO Conference despite the fact that the Supreme Court of Venezuela recognized the CTV as being the most representative workers' organization. The Government of Venezuela had repeatedly ignored the numerous requests of the ILO for it to cease its attacks on the CTV and to respect its autonomy and union rights. The speaker joined other members in requesting a direct contacts mission to Venezuela.

The Worker member of France noted the positive elements recorded following the previous year's discussion and the direct contacts mission of May 2002. The Government representative had acknowledged the competence of the ILO supervisory mechanism and had stated that the observations and recommendations of the Conference Committee and the Committee of Experts were seriously taken into consideration. He had admitted that problems existed with respect to the application of Convention No. 87. The 2002 direct contacts mission had not met with all of the trade union confederations and organizations and had made no comment on the aborted coup d'état which had taken place a month earlier. An attempt to overthrow a democratically elected president by force or through an insurrectionary strike was not included among the activities that were protected by Convention No. 87. The Government had expressed its will to enter into a dialogue with the organized socio-economic actors and to consult them on the possible amendments of the Organic Labour Act in order to bring it into conformity with Convention No. 87 and had described its efforts in order to take into account the recommendations of the direct contacts mission, of the Committee of Experts, of the Conference Committee and the Committee on Freedom of Association. There was a hope that this constructive attitude would lead very soon to the adoption of an amendment by the Parliament and that this could be verified as of the coming year. The report of the Committee of Experts also raised other non-settled issues, especially the fact that certain articles of the Constitution regulated and controlled in excessive detail the questions which belonged in fact to the competence of the unions: free choice of officials; freedom to organize without excessive constraints. This situation also prevailed in other countries in the region and evolved only too slowly. The rather wide interpretation of these provisions made orally by the Government representative should be introduced in the legislative texts and implemented in practice. The legislative framework should favour democracy and freedom of association.

The openness demonstrated by the Government should be encouraged. The observations made the previous year had been taken seriously but concrete results were expected from the following year. It would be a good sign if the Government accepted a high-level mission or a reinforcement of its cooperation with the ILO. The ILO representatives should contact all the organized socio-economic actors of the country. The consolidation of a process of social dialogue in good faith with all the interested parties would be in the interests of the Government, the organizations of employers and workers and, finally, in the interest of the country and democracy.

The Government representative of Cuba said that the information provided by the Government representative of Venezuela had pointed out in detail the initiatives of the Government of Venezuela to establish social dialogue within the framework of the law. The Government representative had provided detailed information on efforts to reform the Organic Labour Act, according to the observations made for several years by the Committee of Experts, although those observations had not been dealt with from the beginning. The speaker expressed concern for the scepticism some members of the Committee expressed with regard to governments, which led to the discussion of issues that were beyond the mandate of the Committee. She recalled that governments play an important role in the tripartite system and are part of the Organization under the ILO Constitution. Governments had a role to play in the supervisory mechanisms and such attitudes could affect the credibility of the Committee's work and could be counterproductive with regard to the cooperation desired from governments. The Committee should thank the Government of Venezuela for its explanations and transmit this case to the Committee of Experts to be evaluated objectively and impartially.

An observer representing the International Confederation of Free Trade Unions (ICFTU), the secretary-general of the CTV, emphasized that the CTV was the most representative workers' organization in the country. He believed that the recommendations by the supervisory bodies of the ILO had not been taken up by the Government and he indicated that violations of Convention No. 87 had worsened. He referred to the following violations: (1) state interference in the electoral process of trade unions; (2) refusal to recognize the CTV as being a social partner; (3) the assassination of union leaders; (4) massive dismissal of union leaders without justification; (5) persecution of the president of the CTV who was presently in exile. He joined in with other statements in favour of another direct contacts mission.

The Government member of France considered that there was a need to follow up to the requests made by the Committee of Experts with respect to legislation or practice. He noted the progress that might be achieved by the ongoing reforms of the labour law but nevertheless wished to draw the attention of the Conference Committee to the need to remain vigilant while supporting the Government's efforts. He underlined that the political climate was more favourable today than last year. The Government had received a first ILO direct contacts mission which appeared to have had a positive impact. The agreements reached on 23 May 2003 between the Government and the coordinated democratic opposition movement had raised perspectives of political and social conciliation and had been reinforced by the new provisions adopted by the Government in the area of labour legislation and further cooperation with the ILO. The speaker was in favour of such technical cooperation, and of the sending of a new direct contacts mission in order to provide technical support for the ongoing reforms.

The Government representative expressed his gratitude for the interventions, indicating that most recognized the efforts by the Government to comply with the recommendations of the Committee of Experts and the direct contacts mission and to pursue labour legislation, taking into account the commitments made in the field of human rights. He indicated also that the Government was aware of the importance of the work of the ILO and its supervisory organs. He thought it was premature to undertake another direct contacts mission immediately, considering the progress made since the last mission in May 2002. He maintained that, for progress to be achieved in matters of legislation, technical assistance was needed to facilitate the process of reform of the Organic Labour Act. He requested that the Committee provide assistance to the social partners and civil servants to enable them to work together to improve social dialogue, freedom of association, labour inspection and labour administration. Employment programmes should be promoted for small and medium-sized enterprises. He emphasized the importance of the tripartite nature of technical assistance since overcoming poverty demanded the collaboration of all social partners. The appropriate forum for a comprehensive and open discussion of the draft Bill to reform the Organic Labour Act was the National Assembly.

The speaker announced that a copy of the draft Bill had been sent to the Director-General of the ILO and that it was already on the legislative agenda for approval. The Parliament would be a way of proving and evaluating the will of the Government to comply with its obligations to the ILO. He emphasized the contributions of the direct contacts mission of 2002 in prompting the process of legislative reform after ten years, and pointed out that draft legislation of 2000 in violation of Convention No. 87 had been withdrawn. He indicated that the direct contacts missions facilitated the drafting of the Organic Electoral Authority Act, which used international human rights Conventions as its unavoidable and mandatory model, led to the repealing of the special statute on alteration of union leadership and catalysed the process to abrogate the eighth provision of the Constitution.

The Government representative said that alleging the lack of progress since the previous year would be denying the achievements made by the direct contacts mission and the public and private institutions, which had contributed to the advancing human rights matters on the legislative agenda. There had been a great institutional coordination effort. The Government was willing to enter into an extensive and sincere dialogue which, albeit complex, was a goal of democracy. The speaker referred again to the 29 May 2003 agreement between the Government and democratic opposition sectors in the country, which involved the OAS, UNDP and several countries, among others. He pointed out that the Government, in accepting the recommendations of the supervisory bodies of the ILO, had acknowledged the importance of organizations such as the CTV and FEDECAMARAS, both of which were parties to the agreement and were represented in the delegation at the Conference. The Government representative said that there was no denial of the role of other social actors in the country as it went through profound changes in the last five years. No one had a monopoly over the economy or politics. The responsibility of the Government was to unite all the stakeholders in a diverse society. He protested that certain issues had been raised, which were not within the mandate of the Committee, and that these would be addressed in time with the appropriate authorities. Recalling that sometimes freedom was used abusively, for example when it held up basic public services, he pointed out that there were no political prisoners or union leaders detained in his country. Admitting that persons associated with trade union activities had been assassinated, he stressed that the Government was the first to condemn such acts and stated that, with respect to the particular case evoked, a suspect had already been detained. Members of the police and the military, who had participated in the events of April 2002 were being indicted for violation of human rights and would be examined by a Truth Commission of independent experts in human rights under the agreement mentioned above.

The Worker members noted at the outset that it was not common for an Employer member to take the floor also on behalf of workers, even in a tripartite system, which was recognized by the international community. They were of the view that the ongoing Committee could not decide on the political events which recently shook the country.

The conclusions formulated by the Conference Committee last year included a special paragraph due to the acts of violence launched against trade unionists, the absence of consultation of workers' organizations and the intervention of the public authorities in trade union matters. Meanwhile, the Committee of Experts and the Committee on Freedom of Association had observed positive developments with respect to Convention No. 87. On the basis of the above statement, the Worker members expressed their conviction that the social dialogue between the Government, employers and workers was the best means to promote decent and worthy jobs, and would help in overcoming a situation of crisis and economic recession as witnessed in Venezuela. They recommended the sending of a direct contacts mission to Venezuela: (a) to check the current situation of the declared reforms; (b) to enable the expression of workers' organizations in their relations with the Government; and (c) to define the prospects of technical cooperation based on the promotion of social dialogue.

The Employer members stated that the discussion on this was similar to previous years, with the Government stating that in fact all problems had been solved or evoking misunderstandings. The Employer members, however, noted that so far only drafts of new legislation existed and that the situation basically remained unchanged. The speaker observed that the Government representative had referred generally to technical assistance by the ILO, but did not comment on the recommendation to receive another direct contacts mission. At the same time the Government representative had praised the achievements of the last such mission, which was not logical, particularly given the fact that the recommendations of that mission had not yet been fully implemented. In conclusion, the Employer members insisted that new legislation in accordance with Convention No. 87 had to be adopted. Stressing that resort could also be made to other measures, such as the constitutional complaints procedures, the Employer members urged the Government representative to indicate whether a new direct contacts mission would be accepted.

The Government representative stressed that the situation in the country had changed since the previous year and acknowledged the achievements of the direct contacts mission, which had given rise to inevitable legislative reforms, which the Government agreed were necessary. The Government representative indicated that it had no objection to receiving another direct contacts mission in the future, but that it considered it to be more important for the ILO to provide tripartite technical assistance in the problem areas mentioned, involving all social partners in the continued legislative process, thus making it possible to evaluate the progress made.

The Committee noted the written statements of the Government, the oral statement of the Government representative and the discussion which followed. The Committee recalled that the Committee of Experts had referred to the serious deficiencies in the application of the Convention concerning both workers' and employers' organizations, regarding the right of employers' and workers' organizations to organize in a manner of their choosing, the right of organizations to freely elect their representatives and to establish their statutes, and the failure of the Government to consult the main social partners.

The Committee also noted the results of the direct contacts mission of May 2002. The Committee observed that the Committee on Freedom of Association had examined a large number of infringements on trade union rights. The Committee recalled that respect for civil liberties was fundamental for the exercise of trade union rights. The Committee requested the Government to take the necessary measures to ensure that workers' and employers' organizations could exercise their rights in a climate of complete security.

The Committee noted the statements of the Government representative concerning draft legislation submitted to the National Assembly with a view to bring the law into full compliance with the Convention. The Committee emphasized that this process be carried out in full consultation with the most representative workers' and employers' organizations and that their opinions be duly taken into account. The Committee, in a spirit of continued cooperation, urged the Government to accept a new direct contacts mission in order to assess the situation in situ and to cooperate with the Government and all of the social partners in view of ensuring full application of the Convention.

The Committee, in the event that the Government was not in a position to receive this mission, would be obliged to adopt other measures at its next session.