Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Venezuela (République bolivarienne du) (Ratification: 1971)

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The Committee notes the observations of the Federation of Chambers and Enterprises of Venezuela (FEDEINDUSTRIA), the Federation of University Teachers’ Associations of Venezuela (FAPUV) and the General Confederation of Labour (CGT), transmitted with the Government’s report. It also notes the observations of the Confederation of Autonomous Trade Unions (CODESA), the National Federation of Workers of Venezuela (UNETE) and the Confederation of Workers of Venezuela (CTV), received on 1 September 2025, and the observations of the United Federation of Workers of Venezuela (CUTV) received on 2 September 2025. The Committee requests the Government to provide its comments in this respect.

Articles 1(1)(a) and 4 of the Convention. Discrimination on the basis of political opinion and State security measures. The Committee notes the Government’s reiterated reference in its report to its previous indications concerning the prohibition of any type of discrimination set out in Article 21 of the Constitution of the Bolivarian Republic of Venezuela. The Government denies the accusations of political discrimination voiced in international forums and indicates that: (1) there does not exist a climate of political discrimination in the country; and (2) with reference to Article 4 of the Convention, the alleged transgressions noted, in fact relate to situations of danger for national security and a lack of knowledge of national institutions, as alliances have been detected with structures related to drug trafficking and the recruitment of mercenaries. The Committee notes the indication by FEDEINDUSTRIA that the legislative framework gives effect to the Convention. On the other hand, the Committee notes with deep concern that the workers’ organizations FAPUV, CGT, CODESA, UNETE, CTV and CUTV emphasize that no working group has been created as requested by the Committee in its previous comments. They allege the continuation of detentions for very serious crimes against the State (treason against the country, terrorism, criminal association and hate crimes) of trade union, social and political leaders, as well as of nursing professionals, educators and employees in public enterprises who have expressed opposition, and that such detentions are made without proof and with severe violations of the right to due process. They also refer to the suspension of the wages of certain teachers, the ban on public employment for persons with certain views, the continued failure to find a solution for the workers dismissed from the National Assembly and the forced retirement of trade union officers in order to exclude them from the administration. The UNETE and CODESA also refer to the forced disappearances of trade union leaders, human rights defenders, lawyers and journalists.

The Committee once again notes with deep concern that United Nations bodies and the Inter-American Human Rights system are continuing to raise the alarm concerning political discrimination in the country, particularly in relation to the office of the Presidency and elections. The independent international fact-finding mission on the Bolivarian Republic of Venezuela (MII) concluded in its 2025 report that: (1) a state policy of silencing, discouraging and quashing the opposition to the Government continues to be systematically implemented through methods of persecution and repression, gross violations and international crimes; (2) arbitrary detentions are continuing of opposition leaders, civil society activists and human rights defenders, as well as journalists, social media content creators, teachers and trade unionists, for expressing critical opinions or for carrying out their professional duties; and (3) there is a pattern of repression against journalists, media workers and media professionals, which includes arbitrary detentions, cruel, inhuman or degrading treatment or punishment, physical attacks, restrictions on professional practice and the confiscation of equipment (A/HRC/60/61, of 6 October 2025, paras 85 and 90–94, and A/HRC/60/CRP.4, of 8 September 2025, paras 54, 62–63 and 496–498). The Committee also notes that, during the interactive dialogue with the Human Rights Council (HRC), the Government did not provide information disproving the indications contained in the report of the MII, indicating that the report cites dubious sources, uses fabricated or unverified testimony, employs statistics without methodological rigor and has a proven political motivation (transcriptions of the HRC session of 22 September 2025).

The Inter-American Human Rights Commission (IAHRC) also describes a coordinated repressive strategy involving “practices of State terrorism aimed especially at spreading terror among citizens and silencing dissenting voices” and the repression of members of the education community, journalists and media workers. It also emphasizes that the prosecutions are based on crimes drawn up in ambiguous and broad terms in the legislation, and are carried out without judicial guarantees and with severe restrictions on the right of defence (IACHR Annual Report 2024, Chapter IV.B: Venezuela; and the 2025 Country Report: “Venezuela: Serious human rights violations following the elections”). In various cases, the IAHRC has continued to order precautionary measures for opposition politicians, human rights defenders and journalists.

In relation to the application of Article 4 of the Convention, to which the Government refers, the Committee recalls the explanations provided in its 2012 General Survey on the fundamental Conventions, paras 832–835.

The Committee expresses concern at the situation described in the information received from the trade union organizations and from United Nations bodies and the Inter-American Human Rights system. The Committee once again emphasizes that a climate of violence, insecurity and intimidation favours acts of discrimination in employment and occupation against persons who express their political views, and reiterates that it is unacceptable and alarming that workers are continuing to be subjected to discrimination for their political opinions. The Committee urges the Government to take all the necessary measures for the definitive eradication of violence for reasons of political opinion against persons who are in opposition, or perceived to be so. The Committee regrets that, in this respect, the Government’s report only reiterates the applicable legislation and refutes the observations received, without providing detailed information in response to the Committee’s previous comments.

The Committee draws the Government’s attention to its availability to accompany it in seeking solutions for the implementation of the Convention and urges it to take urgent measures without delay to eradicate discrimination in employment and occupation on political grounds. In this regard, the Committee strongly urges the Government to ensure:

• the cessation of all acts of discrimination against workers for the non-violent expression of political views;
• the possibility for any workers who consider that they have been the subject of political discrimination in employment or occupation to have recourse to the competent authority or tribunal safely and expeditiously with full guarantees of impartiality and due process, and access to appropriate remedies;
• the establishment of a working group, with ILO support, involving all the representatives of the trade unions concerned, and including the Office of the Ombudsman if the parties consider it appropriate, to examine and develop a system for the examination of all the complaints in question, and guaranteeing the safety and physical security of the participants in the group and providing them with protection against threats and intimidation; and
• that State security measures are applied in accordance with the provisions of the Convention, taking strictly into account the application of Article 4 without giving rise to political discrimination; in this regard, the Committee requests the Government to provide detailed information on cases concerning crimes against the State brought to court against political leaders and professionals who have expressed their political views, with an indication of the number of cases and charges brought, and their outcome.

The Committee once again requests the Government to provide information on the outcome of any investigations carried out into complaints of acts of discrimination on political grounds made to the administrative or judicial authorities.

Articles 1, 2 and 3. Discrimination based on national extraction. Legislation. The Government reiterates that national extraction is covered by the legislation in force and by the international Conventions ratified by the country. The Committee recalls once again that the Basic Act on labour and men and women workers (LOTTT) refers to discrimination on the basis of “nationality” (section 21) and that the Basic Act to combat racial discrimination, although it refers to “national origin”, that concept refers to “nationality of birth or acquired nationality” (section 10). The Committee recalls that the discrimination based on “national extraction” covered by the Convention refers to distinctions made, between persons who have the same nationality (natural or acquired), on the basis of their place of birth or foreign origin (for example, descendants of foreign immigrants). The Committee once again strongly urges the Government to take the necessary measures to ensure that the national legislation includes protection against discrimination in employment and occupation based on national extraction.

Discrimination on the basis of sex. Sexual harassment. The Government indicates that the National Institute for Occupational Prevention, Safety and Health (INPSASEL): (1) has developed protocols on dealing with the complaints received for harassment; (2) has seen a significant statistical increase in the consultations and advice requested on harassment at work, which the Government considers indicative of the awareness of workers of their rights and their willingness to seek assistance; and (3) measures are being taken to assist employers and provide training to prevention delegates, other professionals and staff of the respective institutions, without specifying whether it covers subjects related to sexual harassment. The National Human Rights School of the Office of the Ombudsperson also provides training on harassment at work. The Committee requests the Government to provide detailed information on: (i) the number of complaints of sexual harassment received by the INPSASEL, the action taken and the outcome; and (ii) the training on work-related sexual harassment provided to workers, employers and other relevant authorities.

Discrimination on the basis of HIV status. The Government indicates that, to ensure compliance with the law, the INPSASEL provides assistance and undertakes inspections, and promotes awareness-raising and training on HIV for workers and employers. The Office of the Ombudsperson carries out training and awareness-raising activities for public employees, health personnel and communities with a view to promoting equality and inclusion and preventing discrimination against persons living with HIV. The Committee once again requests the Government to provide information on any cases of discrimination in employment and occupation based on real or perceived HIV status that have been identified or referred to the competent authorities.

Articles 2 and 3(f). National equality policies. The Committee notes the information provided by the Government indicating that: (1) the occupation rate is 92.4 per cent for men and 90.8 per cent for women; (2) the National Plan (Plan de la Patria) 2025–31 has been adopted and includes the National Equality and Gender Equity Plan to promote the empowerment and economic autonomy of women, their active participation in public and political life, and the eradication of violence and discrimination; (3) within the framework of the “Great Venezuela Women’s Mission” priority is given to awareness-raising and support for victims of violence; (4) the Office of the Ombudsperson carries out training on the rights of women, women’s leadership and labour equality; and (5) special monitoring activities have been established for the defence of the rights of persons of sexual diversity. However, the Committee also notes the emphasis placed by workers’ organizations on the impoverishment of the country which is resulting in an increase in inequality and the failure or non-existence of equality policies. They add that, according to the National Survey of Living Standards (ENCOVI) 2024, the activity rate is 36.8 per cent for women and 63.2 per cent for men. The Committee requests the Government to provide detailed information on the measures adopted to promote equality and non-discrimination in employment and occupation (for example, through training and employment placement programmes, particularly for women and other population groups). It also requests information on the results achieved, including information on trends in the employment rates of men and women disaggregated by sector, occupation and type of employment.