Informe provisional - Informe núm. 413, Marzo 2026

Caso núm. 3441 (Venezuela (República Bolivariana de)) - Fecha de presentación de la queja:: 01-DIC-22 - Activo

Allegations: (i) the withholding by the Government of union dues and its failure to transfer them to the trade union organizations in the university sector; (ii) exclusion from and denial of the right to collective bargaining in the education sector, as well as favouritism in collective bargaining towards an organization close to the Government; and (iii) acts of persecution, intimidation and harassment by the Bolivarian National Intelligence Service (SEBIN) against Mr Julio García, a university teacher and president of the Carabobo College of Nursing

1. 423. The Committee last examined this case at its March 2025 meeting when it presented an interim report to the Governing Body [see 409th Report, paras 428–445, approved by the Governing Body at its 353rd Session (March 2025)]. 
2. 424. The Federation of University Teachers’ Associations of Venezuela (FAPUV) sent new allegations in a communication dated 5 March 2025.
3. 425. The Government sent its observations in a communication dated 9 March 2026.
4. 426. The Bolivarian Republic of Venezuela has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 427. When it last examined the case, in March 2025, the Committee made the following recommendations [see 409th Report, para. 445]:
   • (a) The Committee urges the Government to take specific action as soon as possible to resolve this urgent situation relating to the regularization of the payment of union dues. The Committee expects the Government to continue advancing with the working group, inform trade unions of the total amount of dues withheld and owed to date, and, when applicable, proceed with their payment. The Committee requests the Government and the complainants to keep it informed of any developments in this respect.
   • (b) The Committee once again urges the Government to take the necessary measures to ensure that the most representative organizations in the university sector participate in collective bargaining on the working conditions of workers in this sector. The Committee requests the Government and the complainants to keep it informed of specific actions and progress made in this respect
   • (c) The Committee firmly hopes that the Government will ensure full respect for Mr Julio García’s trade union rights.
   • (d) The Committee strongly encourages the Government to set up the national forum for social dialogue in the university sector to address and resolve the issues raised in this case. The Committee requests the Government and the complainants to keep it informed in this respect. The Committee reiterates its invitation to the Government to, in accordance with the decision of the Governing Body, continue to avail itself of the Office’s technical assistance, especially through the assistance of the ILO Special Adviser on Social Dialogue.

B. The complainants’ new allegations

1. 428. In a communication dated 5 March 2025, the FAPUV alleges that there has been no change in the situation that is the object of this complaint and states, in particular, that: (i) the Government continues to deduct and appropriate workers’ union dues, without transferring them to the relevant trade union organizations; and (ii) neither the participation of the most representative organizations in the university sector in collective bargaining nor the situation of Mr Julio García were addressed in the meetings held after the last session of the Social Dialogue Forum. The complainant also alleges that police officers were present and committed acts of intimidation, as well as taking photographs and audiovisual recordings of attendees, during the university sector interunion assemblies held on 20 January and 11 February 2025 at the Central University of Venezuela and the Ezequiel Zamora Experimental University of Los Llanos, violating the free exercise of trade union activities.

C. The Government’s reply

1. 429. In its communication of 9 March 2026, with regard to recommendation (a), on the regularization of the payment of union dues, the Government indicates that, through the Ministry of People’s Power for the Social Process of Labour (MPPPST) and in coordination with the National Treasury, it is developing a technical working group aimed at establishing the administrative and financial mechanisms necessary to determine the dues withheld and to guarantee the provision and availability of resources for their payment. It also states its commitment to comply with the Committee’s recommendations and maintains that there has been no confiscation or arbitrary withholding of union funds.
2. 430. With regard to recommendation (b), concerning the participation of the most representative organizations in the university sector in collective bargaining, the Government states that the organizations, Independent Trade Union Alliance Confederation of Workers (ASI Venezuela), National Federation of Administrative Professionals and Technicians of the Universities of Venezuela (FENASIPRUV) and Confederation of Workers of Venezuela (CTV), are in a situation of “electoral abeyance” (arrears with their internal elections) or have not completed the registration of their executive boards with the National Trade Union Register (RNOS), as provided for in the Basic Labour Act. The Government considers it legally unfeasible to address their collective bargaining claims while they do not regularize their legal situation. With respect to the FAPUV, the Government indicates that, to date, this organization has refused to process its registration as a trade union organization before the RNOS.
3. 431. As for recommendation (c), concerning full respect for the trade union rights of Professor Julio García, the Government indicates that the said citizen was acquitted of the charges brought against him in 2017, obtained his release and has continued to engage in his professional and union activity without impediment, in full exercise of his constitutional rights.
4. 432. With regard to recommendation (d), concerning the establishment of a national forum for social dialogue for the university sector, the Government refers to what was indicated regarding the electoral arrears situation of the trade union organizations involved.

D. The Committee’s conclusions

1. 433. The Committee recalls that the present case concerns: (i) the alleged withholding of union dues by the Government and its failure to transfer them to the trade union organizations in the university sector; (ii) the alleged exclusion from and denial of the right to collective bargaining in the education sector, as well as favouritism in collective bargaining towards an organization close to the Government; and (iii) alleged acts of persecution, intimidation and harassment by the Bolivarian National Intelligence Service (SEBIN) against Mr Julio García, a university teacher and president of the Carabobo College of Nursing.
2. 434. The Committee notes that the complainant sent a communication containing new allegations on almost the same date as the Committee’s last examination of the case. The Committee observes that, in essence, in that communication the complainant maintains that up to that date there had been no change in the situation.
3. 435. With respect to the regularization of the payment of union dues (recommendation (a)), the Committee notes that, according to the complainant organization, the Government continued to deduct and appropriate workers’ union dues, without transferring them to the relevant trade union organizations. The Committee notes that, in this regard, the Government indicates that the MPPPST and the National Treasury are currently developing a technical working group aimed at establishing the administrative and financial mechanisms necessary for the regularization of such payments. It also states that there has been no confiscation or arbitrary withholding of funds and attributes the alleged non‑compliance to the lack of determination by the trade union organizations of the amount of union dues. The Government affirms its commitment to comply with the Committee’s recommendations and to act in accordance with national legislation and the applicable international standards.
4. 436. The Committee notes with concern that, from the foregoing, it follows that the situation regarding union dues remains unresolved. Taking due note of the actions that the Government states it is carrying out, as well as the commitment indicated with compliance with the Committee’s recommendations and recalling that the withholding of union dues may constitute interference in trade union activities, the Committee once again urges the Government to take concrete actions as soon as possible to resolve without delay this urgent situation. The Committee firmly expects the Government to continue making progress with the working team, to indicate to the trade union organizations the amount of dues withheld and owed to date and, as appropriate, to proceed with their payment. The Committee requests the Government and the complainant organizations to keep it informed of any developments in this regard. The Committee also urges the Government, from now on, to ensure the timely deduction and payment of union dues.
5. 437. The Committee notes that the complainant organization alleges that the participation of the most representative organizations in the university sector in collective bargaining (recommendation b)) has not been addressed in the meetings held after the last session of the Social Dialogue Forum (in early 2024). The Committee notes that, in this regard, the Government indicates that: (i) to date the FAPUV has refused to apply for registration as a trade union organization with the RNOS; and (ii) the organizations, ASI Venezuela, FENASIPRUV and CTV, are in a situation of “electoral abeyance” or have not completed the registration of their executive boards with the RNOS, and therefore it is legally unfeasible to address their collective bargaining claims while they do not regularize their legal situation.
6. 438. The Committee recalls that the Commission of Inquiry established under article 26 of the ILO Constitution to examine the observance by the Government of the Bolivarian Republic of Venezuela of Convention No. 87, among other Conventions, recommended that, in consultation with the representative organizations, measures be taken to eliminate electoral arrears and to reform the rules and procedures governing trade union elections, so that the intervention of the National Electoral Council (CNE) is really optional, does not constitute a mechanism for interference in the life of organizations, the pre-eminence of trade union independence is guaranteed in election processes and delays are avoided in the exercise of the rights and activities of employers’ and workers’ organizations. The Committee further notes that, in the periodic report adopted by the Governing Body in November 2025 on the developments relating to the Social Dialogue Forum to give effect to the recommendations of the Commission of Inquiry, several workers’ organizations indicated that serious deficiencies persist in trade union registration, including the lack of decisions on electoral autonomy, the non‑publication of more than 2,000 electoral certifications, the suspension of trade union electoral processes, and delays in the RNOS due to structural problems. Likewise, the Committee recalls that in the action plan updated at the last session of the Social Dialogue Forum (February 2024) it was agreed to: (i) promote, through the MPPPST before the CNE, the unification of the criteria regarding the optional nature of its participation in the electoral processes of trade union organizations in the exercise of their autonomy and make this widely known in a clear manner, in accordance with its competences; and (ii) identify, by means of regular meetings, institutional formulas or processes to strengthen the functioning of the RNOS and continue to address particular cases submitted by workers’ organizations.
7. 439. The Committee firmly expects that the commitments undertaken in the action plan will be translated, without delay, into concrete measures that advance the implementation of the Commission of Inquiry’s recommendation concerning electoral arrears, address the problems outlined above, and thereby remove their adverse impact on participation in collective bargaining. The Committee once again urges the Government to take the necessary measures to ensure that the most representative organizations in the university sector participate in collective bargaining on the working conditions of the workers in that sector. The Committee asks the Government and the complainant organizations to keep it informed of the specific actions and progress made in this regard.
8. 440. As for recommendation (c), concerning full respect for the trade union rights of Professor Julio García, the Committee notes that the Government indicates that he was acquitted of the charges brought against him in 2017, obtained his release and has continued to engage in his professional activity without impediment, in full exercise of his constitutional rights. Not having received from the complainant organizations new information on his situation, the Committee reiterates its firm expectation that the Government will guarantee the full respect of his trade union rights.
9. 441. The Committee notes that the complainant, the FAPUV, also alleges that police officers were present and committed acts of intimidation, as well as taking photographs and audiovisual recordings of attendees, during the university sector interunion assemblies held on 20 January and 11 February 2025 at the Central University of Venezuela and the Ezequiel Zamora Experimental University of Los Llanos, violating the free exercise of trade union activities. The Committee regrets that the Government has not provided its observations in this regard. While requesting the Government to provide its observations, the Committee recalls that the right of occupational organizations to hold meetings in their premises to discuss occupational questions, without prior authorization and interference by the authorities, is an essential element of freedom of association and the public authorities should refrain from any interference which would restrict this right or impede its exercise, unless public order is disturbed thereby or its maintenance seriously and imminently endangered [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 203].
10. 442. The Committee also recalls that, in its previous examinations of the case, it had invited the Government to avail itself of technical assistance from the Office, especially through the assistance of the ILO Special Adviser on Social Dialogue, who provided support in the country around two years ago. The Committee also strongly encouraged the Government to establish a national forum for social dialogue in the university sector where the issues raised in the case could be addressed. The Committee observes that in its November 2025 session, the Governing Body deeply regretted that, despite its repeated requests, the Government had not adopted the necessary measures to ensure that an ILO special adviser on social dialogue could provide support in the country. The Committee further notes that the Government recently informed the Governing Body of its intention to hold the fifth session of the Social Dialogue Forum in the second half of April 2026. Taking note of all the elements mentioned above, the Committee expresses its firm hope that, the pressing issues examined in this case will be dealt with within the framework of such dialogue, and that concrete progress will be made in adopting the necessary measures. The Committee also hopes that the technical assistance mentioned may be provided as soon as possible through the adviser and, in that context, it once again encourages the Government to establish a national forum for social dialogue for the university sector, with the technical assistance of the ILO, in order to follow up on the issues specific to this sector and raised in the present case.

The Committee’s recommendations

1. 443. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee once again urges the Government to take concrete action as soon as possible to resolve without delay this urgent situation relating to the regularization of the payment of union dues. The Committee firmly expects the Government to continue advancing with the working group, inform trade unions of the total amount of dues withheld and owed to date, and, when applicable, proceed with their payment. The Committee requests the Government and the complainants to keep it informed of any developments in this respect. The Committee also urges the Government, from now on, to ensure the timely deduction and payment of union dues.
   • (b) The Committee firmly expects that the commitments undertaken in the action plan will be translated, without delay, into concrete measures that advance the implementation of the Commission of Inquiry’s recommendation concerning electoral arrears and address the issues relating to trade union elections, and thereby remove their adverse impact on participation in collective bargaining. The Committee once again urges the Government to take the necessary measures to ensure that the most representative organizations in the university sector participate in collective bargaining on the working conditions of workers in this sector. The Committee requests the Government and the complainants to keep it informed of specific actions and progress made in this respect.
   • (c) The Committee reiterates its firm hope that the Government will ensure full respect for Mr Julio García’s trade union rights.
   • (d) The Committee requests the Government to provides its observations on the allegations of police intimidation during the university sector interunion assemblies held in early 2025 at the Central University of Venezuela and the Ezequiel Zamora Experimental University of Los Llanos.
   • (e) The Committee expresses its firm hope that the pressing issues examined in this case will be dealt with within the framework of the fifth session of the Social Dialogue Forum and that concrete progress will be made in adopting the necessary measures. The Committee expresses its firm hope that the technical assistance may be provided as soon as possible by the ILO Special Adviser on Social Dialogue and, in that context, once again strongly encourages the Government to establish a national forum for social dialogue in the university sector, with the technical assistance of the ILO, within which the issues specific to the sector and raised in the present case may be followed up and addressed.