Informe provisional - Informe núm. 411, Junio 2025

Caso núm. 2254 (Venezuela (República Bolivariana de)) - Fecha de presentación de la queja:: 17-MAR-03 - Activo

Allegations: (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

1. 527. The Committee last examined this case (presented in March 2003) at its March 2023 session and on that occasion presented an interim report to the Governing Body [see 401st Report, paras 672 to 697, approved by the Governing Body at its 347th Session (March 2023)]. 
2. 528. The Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) presented additional information in a communication dated 3 March 2025.
3. 529. The Government sent observations in communications dated 27 April 2023 and 14 April 2025.
4. 530. 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.
5. 531. 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

1. 532. In its previous examination of the case at its March 2023 meeting, the Committee made the following recommendations [see 401st Report, para. 697]:
   • (a) The Committee requests the Government to provide detailed information on: (i) the specific results of the social dialogue forum, as follow-up to the recommendations of the Commission of Inquiry; (ii) the measures taken to generate a climate of trust based on respect for employer and trade union organizations with a view to promoting stable industrial relations; and (iii) the measures taken to ensure that the processes of dialogue and tripartite consultation comply with the formalities recommended by the Commission of Inquiry and other ILO supervisory bodies. The Committee expects to receive information from the Government without delay on the specific actions taken in this regard and as follow-up to the plan of action updated in the framework of the social dialogue forum.
   • (b) Emphasizing once again that the absence of acts of harassment, stigmatization and intimidation and a climate of trust based on respect for employers’ and trade union organizations are prerequisites for consultation processes, the Committee firmly urges the Government to immediately take all action necessary to establish the said effective mechanism for tripartite consultations in accordance with the information laid out in the present conclusions. The Committee expects to receive information from the Government without delay on the specific action taken in this regard.
   • (c) The Committee requests the Government to provide information on the follow-up given to the treatment of the allegations of discrediting and intimidation presented by FEDECAMARAS in its communications to the Governing Body of 14 May and 1 September 2022 and in accordance with the plan of action agreed in the framework of the social dialogue forum.
   • (d) The Committee once again strongly urges the Government to adopt all necessary measures to: (i) end immediately and prevent all acts of hostility and intimidation against FEDECAMARAS, so that it may exercise its representative activities in full freedom; (ii) ensure that the necessary foundations for genuine social dialogue in the country are established; and (iii) give effect to the measures agreed in the plan of action agreed in a tripartite setting and updated in the social dialogue forum with a view to achieving the expected results defined in the plan of action. The Committee expects to receive information from the Government without delay on the specific action taken in this regard.
   • (e) The Committee once again 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 expects to receive information from the Government without delay on progress made in this regard.
   • (f) As regards the criminal investigations into the leaders of a meat processing company and a supermarket chain, the Committee once again urges the competent authorities to: (i) make every effort to expedite the judicial proceedings that are still under way; and (ii) duly and fully take into account the employers’ right to freely exercise their representative activities. The Committee once again requests the Government to keep it informed in this regard.
   • (g) The Committee encourages the Government to, in accordance with the process under way before the competent bodies of the Organization, continue to take all necessary measures without delay to fully comply with the recommendations of the Commission of Inquiry. The Committee requests the Government to keep it informed of specific measures adopted to comply with the plan of action agreed in the social dialogue forum regarding the implementation of the recommendations of the Commission of Inquiry and the decisions of the Governing Body, and relating to this case.
   • (h) The Committee draws the special attention of the Governing Body to the extremely serious and urgent nature of this case.

B. Additional information from the complainant

1. 533. In a communication dated 3 March 2025, FEDECAMARAS claims that despite the efforts made, serious failures to implement the recommendations of the Commission of Inquiry persist, such as: (i) the use of Workers’ Production Councils as mechanisms to curtail the exercise of freedom of association and entrepreneurial autonomy; (ii) the lack of compensation and resolution of cases of expropriation of land without due compensation to the lawful owners, including employers directly affected; and (iii) the absence of the support from an expert on social dialogue decided by the Governing Body at its 352nd Session of October–November 2024.
2. 534. FEDECAMARAS indicates that while it acknowledges some progress on the issues raised in the case, such as the cessation of acts of intimidation and persecution against its leaders and the favourable resolution of criminal charges against the leaders of a meat processing company and a supermarket chain, who have been released, such progress is insufficient while the key recommendations remain outstanding. In view of the above, it underscores the urgent need for the active presence of a representative of the Director-General to ensure effective follow-up to the resolutions of the Governing Body and of the Commission of Inquiry. FEDECAMARAS maintains that the presence of such a representative would not only strengthen the implementation of existing commitments but would, further, contribute to building genuine and effective social dialogue in the country.

C. The Government’s reply

1. 535. In its communications dated 27 April 2023 and 14 April 2025, the Government indicates that while this case is closely related to the proceedings of the Commission of Inquiry, having given rise thereto, the Government has not accepted the recommendations made by the Commission. Nevertheless, the Government indicates that the allegations originally made in this case, which subsequently became part of the report of the Commission of Inquiry, have led to significant progress, which has been recognized by the complainants and by the Governing Body.
2. 536. With regard to recommendation (a) (follow up given to the plan of action of the social dialogue forum and 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 comply with the formalities recommended by the Commission of Inquiry and other ILO supervisory bodies), the Government indicates that it has promoted and bolstered social dialogue with stakeholders from the world of work, highlighting in this regard that sessions of the social dialogue forum were held in 2022 and 2023 with the participation of various organizations, including FEDECAMARAS. The Government underscores that it considered the interest of several organizations, including FEDECAMARAS, in participating in various tripartite consultations held by the National Assembly on laws that directly or indirectly impact the world of work. The Ministry of People’s Power for the Social Process of Labour (MPPPST) served as facilitator of the consultation processes within the framework of collaboration between the public authorities. The Government adds that a decision was made at the highest political level to include employers’ organizations in the National Council on the Productive Economy.
3. 537. With regard to recommendation (b) (the Committee emphasized that the absence of acts of harassment, stigmatization and intimidation and a climate of trust based on respect for employers’ and trade union organizations are prerequisites for consultation processes, and firmly urged the Government to immediately take all action necessary to establish the said effective mechanism for tripartite consultations), the Government denies that the alleged acts of harassment and intimidation by the Government against the aforementioned organization or any other organization occurred, and indicates that FEDECAMARAS took part in the various forums for meeting and social dialogue held in 2021 and 2022.
4. 538. As regards recommendations (c) and (d) (follow-up given to the treatment of the allegations of discrediting and intimidation presented by FEDECAMARAS in its communications to the Governing Body of May and September 2022, and the need to end immediately and prevent all acts of hostility and intimidation against FEDECAMARAS), the Government indicates that the State continually provides spaces for social dialogue with all organizations; that the stigmatization, harassment or intimidation of any person or employers’ or workers’ organizations is not the Government’s policy; and that the holding of several sessions of the social dialogue forum is evidence of this.
5. 539. With respect to recommendation (e) (the Committee urged the Government to ensure that 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 Government indicates that it sent information on this matter in 2018 and that it will keep the Committee apprised of the outcome of the investigations.
6. 540. Regarding recommendation (f), on the criminal proceedings initiated against the leaders of a meat processing company and a supermarket chain, the Government indicates that: (i) it is awaiting updated information on the status of the criminal proceedings initiated against the leaders of the meat processing company; and (ii) the precautionary measure of temporary seizure imposed on the supermarket chain at the time by the National Authority for the Defence of Socio-Economic Rights was revoked and the establishments are operating normally.
7. 541. The Government states that the assessments made by FEDECAMARAS with respect to the impact of Workers’ Production Councils on freedom of association and entrepreneurial autonomy are unfounded. In this regard, it recalls that, to date, no complaint has been lodged with the competent national bodies concerning negative or adverse impacts attributable to this form of workers’ organization. In addition, the Government indicates that this specific issue was addressed at the most recent meeting between the highest authority of the MPPPST and the President of FEDECAMARAS. On that occasion, the ministerial authority reiterated that Workers’ Production Councils did not curtail freedom of association or entrepreneurial autonomy. Furthermore, the Government urged FEDECAMARAS to continue collaboration on this matter and invited it to participate actively in the consultation and discussion process taking place during the drafting of the implementing regulations for the Constitutional Act on Workers’ Production Councils.
8. 542. With regard to cases of expropriation of land, the Government indicates that: (i) it has been working with FEDECAMARAS in the social dialogue forum and, as a result of joint efforts, some of these cases have been resolved; (ii) with regard to pending land cases, the Government expresses its intent to continue holding meetings with FEDECAMARAS and National Land Institute (INTI) authorities with the aim of gradually implementing the relevant solutions, and indicates that it is expecting tangible progress in the remaining cases; and (iii) it undertakes to continue to move towards consensus on the formulation of policies that benefit the country’s livestock organizations, recognizing them as a vital part of the primary sector of the national economy.
9. 543. With reference to the observation made by FEDECAMARAS concerning the absence of the support from an expert in social dialogue, the Government indicates that while it is open and willing to continue to receive support and technical assistance from the expert in social dialogue, as it has indicated to the ILO Governing Body, such support must take into account the country’s needs and improve on traditional approaches by switching to creative, dynamic approaches and scenarios, adapted to current technological realities, that are beneficial for all.

D. The Committee’s conclusions

1. 544. 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.
2. 545. The Committee recalls that, during the previous examination of the case, it requested the Government to provide information on the specific results of the social dialogue forum set up to give effect to the recommendations of the Commission of Inquiry and the measures taken to generate a climate of trust based on respect for employers’ and trade union organizations and to ensure that the processes of dialogue and tripartite consultation comply with the formalities recommended by the Commission of Inquiry and other ILO supervisory bodies (independent chairperson or secretariat, recording of minutes, agreed timetable of meetings and follow-up mechanisms on compliance with agreements) (recommendation (a)). The Committee notes that, in this respect, the Government claims to have taken a series of measures to promote dialogue and consultation with stakeholders from the world of work and drew attention to the sessions of the social dialogue forum that took place between April 2022 and February 2023, at which a plan of action comprising a timetable of activities in connection with this case was adopted, as well as the various tripartite consultations held by the National Assembly on laws that directly or indirectly impact the world of work.
3. 546. The Committee notes that, at its 349th, 350th 352nd and 353rd Sessions (October–November 2023, March 2024, October–November 2024 and March 2025, respectively), the Governing Body examined developments concerning the social dialogue forum set up to give effect to the recommendations made by the Commission of Inquiry, and observes that these discussions show that: (i) between November 2023 and February 2024, an ILO special adviser on social dialogue supported the country in the implementation of the plan of action adopted at the social dialogue forum of February 2023; (ii) the fourth session of the forum was held on 1 and 2 February 2024 and the plan of action was updated at that session; and (iii) between March and November 2024, several meetings were held at which the Government and the workers’ and employers’ organizations participating in the social dialogue forum, including FEDECAMARAS, assessed compliance with the various Conventions covered by the report of the Commission of Inquiry.
4. 547. The Committee welcomes the holding of the fourth session of the social dialogue forum, more than a year ago, and the more than a dozen meetings that took place in the country in 2024. Nevertheless, the Committee observes that, according to the Governing Body’s report of October–November 2024, the employers’ and workers’ organizations that participated in these meetings indicated that there were persistent deficiencies in the consultations concerning the Conventions on fixing the minimum wage and the consultations to promote the implementation of international labour standards, and that, as several consultations were arranged without a prior agenda, no minutes were recorded and no measures to be taken on the issues subject to dialogue and the expected results were defined, the consultation must be improved and made effective as a matter of urgency. Several of the organizations also proposed opening a channel of communication with the National Assembly through the MPPPST to follow up on legislation and bills concerning economic, social and labour issues.
5. 548. The Committee notes that, at its most recent session in March 2025, the Governing Body urged the Government, with utmost urgency, to redouble its efforts to accelerate further the implementation of all commitments made in the action plan in order to achieve tangible and measurable results without any further delay, in particular with regard to those areas where no progress has been made. Furthermore, the Governing Body invited the Government to organize the fifth social dialogue forum at the earliest opportunity and urged the Government to take immediate steps to facilitate the presence of the ILO special adviser in the country. The Committee notes the emphasis placed by FEDECAMARAS on the urgent need for the support and active presence of the Special Adviser on Social Dialogue in order to ensure effective follow-up to the recommendations of the Commission of Inquiry and the decisions of the Governing Body and further notes that while the Government expresses openness to continuing support from the Adviser, it indicates that this should be achieved by means of non-traditional formats without having submitted a specific proposal on how to implement this form of assistance.
6. 549. In view of the above, 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 aforementioned 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.
7. 550. As for recommendation (b), on the treatment of the allegations of discrediting and intimidation presented by FEDECAMARAS in 2022, and recommendations (c) and (d), on the need to end immediately and prevent all acts of hostility and intimidation against FEDECAMARAS, so that it may exercise its representative activities in full freedom, the Committee notes that the Government denies that acts of harassment and intimidation against the aforementioned organization or any other organization occurred, and emphasizes that FEDECAMARAS took part in the various social dialogue meetings held in 2022 and 2023. The Committee also notes that, according to FEDECAMARAS, while the acts of intimidation and persecution against leaders of their federation have ceased, this progress is insufficient while the Commission of Inquiry’s key recommendations, detailed below, remain outstanding.
8. 551. While reaffirming once again that, as indicated in the report of the Commission of Inquiry, the rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 84], the Committee takes due note of the information relating to the cessation of acts of intimidation and persecution against leaders of FEDECAMARAS and expects them to be able to exercise their representative activities in an environment of freedom and respect for their rights.
9. 552. With respect to recommendation (e), on the adoption of measures to ensure that all of the instigators and perpetrators of the attacks on FEDECAMARAS leaders and on the organization’s headquarters (set out in the 2021 examination of the case) examined by the Committee are identified and appropriately punished, and that any compensation measures sought by the victims of the attacks are applied, the Committee notes the Government’s indication that it sent information on this matter in 2018 and that it will keep the Committee apprised of the outcome of the investigations. The Committee recalls that, in its previous examination of this case, it noted with great concern that the Government had not provided any new information on the serious allegations mentioned above since the publication of the report of the Commission of Inquiry. Recalling once again that, in cases of physical or verbal violence against workers’ and employers’ leaders and their organizations, the absence of judgments against the guilty parties creates, in practice, a situation of impunity, which reinforces the climate of violence and insecurity, and which is extremely damaging to the exercise of trade union rights [see Compilation, para. 108], the Committee refers to its earlier recommendations and 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 the present case are identified and appropriately punished and to ensure that any compensation measures sought by the victims of the attacks are applied. The Committee requests the Government to provide specific information on progress made in this respect.
10. 553. Lastly, regarding recommendation (f), on the criminal investigations into the leaders of a meat processing company and a supermarket chain (the Committee had requested the Government to inform it of the outcome of the Prosecutor’s Office’s appeal against the judicial decision to close the investigations), the Committee notes the Government’s indication that: (i) it expects to receive updated information on the status of the proceedings relating to the meat processing company; and (ii) the precautionary measure of temporary seizure imposed on the supermarket chain was withdrawn and the establishments are operating normally, thus complying with judgment No. 2018 00432 of 2018, handed down by the Second Administrative Disputes Court. The Committee also notes the information provided by FEDECAMARAS concerning the favourable resolution of criminal charges against the leaders of a meat processing company and a supermarket chain. On the basis of this information, the Committee will not continue its examination of this aspect of the case.
11. 554. The Committee further notes that, while FEDECAMARAS acknowledges some progress on the issues raised in the present case, such as those mentioned above, it also claims that serious failures to comply with the recommendations of the Commission of Inquiry persist, such as: the use of Workers’ Production Councils as mechanisms to curtail the exercise of freedom of association and entrepreneurial autonomy; and (ii) the lack of resolution in cases of expropriation of land. The Committee notes the Government’s indication, for its part, that: (i) no complaints were lodged concerning the negative impacts of Workers’ Production Councils and that this topic was addressed at meetings of the forum and in meetings between the MPPPST and FEDECAMARAS, during which FEDECAMARAS was invited to participate in the consultation processes related to the drafting of the implementing regulations for the Workers’ Production Councils Act; and (ii) progress has been made in the resolution of some land cases and work will continue to implement solutions in the remaining cases.
12. 555. Lastly, the Committee notes that in the plan of action updated at the fourth session of the social dialogue forum, in February 2024, it was agreed to hold meetings at the request of the interested parties on the activity of Workers’ Production Councils and their possible interference in freedom of association and, also, to strengthen the relationship between the INTI and FEDECAMARAS concerning the cases raised, with a view to their resolution. 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.

The Committee’s recommendations

1. 556. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (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.