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

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Venezuela (République bolivarienne du) (Ratification: 1982)

The Committee notes the observations of the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), received in 2023, and the joint observations of the Confederation of Workers of Venezuela (CTV), the General Confederation of Labour (CGT) and the Independent Trade Union Alliance Confederation of Workers (CTASI), received in 2024. The Committee also notes the observations of FEDECAMARAS, the Federation of Chambers and Enterprises of Venezuela (FEDEINDUSTRIA), and the joint observations of the CGT and the Federation of University Teachers’ Associations of Venezuela (FAPUV), all transmitted by the Government with its report. The Committee further notes the joint observations of the Confederation of Autonomous Trade Unions (CODESA) and the National Union of Workers of Venezuela (UNETE), received on 1 September 2025, as well as the observations of the CTV, received on 1 September 2025, and the observations of the United Federation of Workers of Venezuela (CUTV), received on 2 September 2025. The observations refer to matters examined in the present comment.

Follow-up to the recommendations of the Commission of Inquiry (complaint made under article 26 of the Constitution of the ILO)

The Committee notes the discussions held at the 347th, 349th, 350th, 352nd, 353rd and 355th Sessions of the Governing Body (March and October–November 2023, 2024 and 2025) on the progress made by the Government of the Bolivarian Republic of Venezuela in giving effect to the recommendations of the Commission of Inquiry in relation to the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), Convention No. 87 and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Committee notes that : (i) in 2022, three sessions of the Social Dialogue Forum (hereinafter, the “Forum”) were held, in which a plan of action was agreed upon, and subsequently updated, to give effect to the recommendations of the Commission of Inquiry; (ii) between November 2023 and the beginning of 2024, an ILO special adviser for the promotion of social dialogue provided support to the country for the implementation of the plan of action and the preparation of the fourth session of the Forum; (iii) the fourth session of the Forum was held in February 2024, in which it was agreed to continue taking measures to develop and strengthen social dialogue in the country, and the plan of action for the implementation of the recommendations of the Commission of Inquiry was updated; and (iv) in 2024, the Office participated virtually, as an observer, in various meetings held in accordance with the plan of action. In 2025, the Office was not invited to participate in any meetings, either in person or virtually.

The Committee notes the Government’s indication that: (i) although it has made it clear from the beginning that it does not accept the recommendations of the Commission of Inquiry, it has always shown great readiness to make progress with the relevant recommendations insofar as they are not in contradiction with the legal principles and provisions in force in the country; (ii) in the context of the constant policy of broad, open and constructive dialogue with all the actors in the country, four sessions of the Forum were held which provided the opportunity to lay the foundation for a structured, permanent and sincere dialogue in order to be able to make progress in improving compliance with the Conventions; (iii) ILO technical assistance was received from an expert on social dialogue and progress was made in compliance with the schedules established by the various sessions of the Forum; (iv) the belief continues that social dialogue is the most suitable mechanism to guarantee peace, sovereignty and labour stability in the country; and (v) the basis for dialogue is firm, as the Forum and ILO support achieved their objectives and dialogue with all the actors in the world of work is now direct and constant.

The Committee notes that FEDECAMARAS recognizes progress in the development of social dialogue over the four sessions of the Forum, and indicates that the presence of an ILO expert on social dialogue contributed decisively to the promotion of this policy, and therefore insists on the importance of this continued support. FEDECAMARAS adds that, although expropriations without the appropriate compensation payments have ceased and channels of communication have been established with the Government, ten cases of land claims are still pending. The Committee notes that the CTV, FAPUV, CGT, CUTV, UNETE and CODESA express the view that, although the Government refers to a policy of social dialogue, and while four sessions of the Forum were held, it has not been reconvened since 2024 and there have been no results in relation to the application of the Convention.

The Committee notes that, in its Session in November 2025, the Governing Body: (i) deplored the lack of progress in the implementation of the recommendations of the Commission of Inquiry; (ii) urged the Government to convene the fifth session of the Forum as soon as possible in order to continue fostering trust, advancing social dialogue and promoting national reconciliation and social justice; (iii) noted with deep concern the lack of follow-up on the commitments made in the plan of action agreed upon at the Forum, which had led not only to a lack of progress, but even to setbacks, particularly in light of the serious allegations of violations of trade union rights, which are being examined by the Committee on Freedom of Association, to the recommendations of which it referred; (iv) deeply regretted that the Government had not made the necessary arrangements for an ILO special adviser on social dialogue to support the implementation of the plan of action and the preparation of the sessions of the Forum; and (v) requested the Director-General to organize a virtual meeting with the Government and the social partners in order to discuss areas and arrangements for cooperation, as a preparatory step to holding a fifth session of the Forum, and to report thereon to the Governing Body at its 356th Session (March 2026). The Committee notes the above information with deep concern, as it demonstrates a total lack of progress in the implementation of the recommendations of the Commission of Inquiry, particularly in relation to Convention No. 87.

Civil liberties and trade union rights. In its previous comment, the Committee deplored the fact that various employers’ and workers’ organizations had raised serious allegations of violations of civil liberties and trade union rights and firmly urged the Government to investigate and take appropriate action to ensure a climate free from violence, threats, persecution, stigmatization, intimidation or any other form of aggression in which the social partners can exercise their legitimate activities, including participation in social dialogue with full guarantees. The Committee notes the Government‘s indication that the constant policy of social dialogue is in contradiction with the accusations made of alleged discreditation campaigns, threats, persecution, intimidation and stigmatization of the alleged social partners, and that this social dialogue with the partners in the world of work has succeeded in developing robust processes which have contributed not only to bringing the parties closer, but also to relations of trust, imbued with mutual goodwill and respect. The Government adds that the cases in which it was not possible to make progress within the context of the dialogue held in the Forum consist of cases in which criminal charges have been made against persons, who are active in unions or employers’ organizations, in criminal procedures that are related to matters that are distinct from their trade union activities. The Government indicates that such cases have been used to maintain that the rights of those supposed trade union leaders have been violated and that all the criminal prosecutions have proceeded with due process and full respect for the legitimate right of defence.

The Committee notes these indications as well as the view expressed by FEDECAMARAS that it recognizes significant progress in reducing and ceasing intimidation by the Government. The CTV, FAPUV, CGT, CUTV, UNETE and CODESA, for their part, consider that there has been a continuation of persecution, arbitrary detentions and threats against trade union members and leaders. These organizations affirm that violations of the rights of protest and freedom of expression have worsened, including unlawful detentions, judicial procedures without the necessary guarantees, raids, precarious conditions of imprisonment and cruel treatment of leaders and workers. The organizations affirm that: (i) detentions and criminal procedures against trade union leaders and members have continued, with charges of serious crimes punishable with long prison sentences; (ii) the trials are held in an environment of severe violations of the presumption of innocence, due process and precarious conditions of detention and imprisonment, with situations of forced disappearances; (iii) various leaders have been detained, such as Mr Eduardo Torres, who is also still being denied the right to receive visits; and (iv) the leaders who are detained have been trade union leaders for many years and some of the cases, such as that of Mr Robert Franco, a sports teacher and the Secretary of the Trade Union of Professional Teachers, Teachers’ College of Venezuela, in Calúpano in the state of Sucre, who has been convicted to 30 years in prison, have been brought to the attention of the Committee on Freedom of Association.

The above organizations allege that, between January and August 2025, eleven trade union leaders in the public sector were detained arbitrarily, kept in a situation of disappearance for several days, until the Government acknowledged their detention, and some of them are still incommunicado. They are the following leaders: (i) Mr Eduardo Torres, lawyer for the Venezuelan Programme for Education-Action in Human Rights and Secretary for Claims and Collective Agreements of the National Trade Union Association of University Professionals in Administrative and Technical Functions of the UCV, detained on 9 May 2025; (ii) Ms Lourdes Villarreal, delegate of the Single Trade Union of Magistrates, affiliated to the Single Federation of Magistrates of Venezuela and the CTV, detained on 22 May 2025; (iii) Mr Carlos Alberto Gómez Durán, President of the SUMA-Mérida, affiliated to the CTV, detained on 22 May 2025; (iv) Mr Yuri Girardot Salas Moreno, Executive Secretary of the Single Union of Public Employees of Miranda State, affiliated to the CTV, detained on 23 May 2025; (v) Mr Marwin González, President of the Retired Police Officers Association of Bolívar State, detained on 23 May 2025; (vi) Mr Fernando Serrano, of the Single Union of Aluminium Workers, detained on 18 July 2025, on which day an attempt was made to detain Ms Maritza Moreno, President of the College of Nursing Professionals of Caroní, in the state of Bolívar, when her house was raided and her husband, Mr Ángel Rivas, was taken so that she would give herself up; (vii) Mr Fidel Brito, President of the Workers’ Federation of Bolívar State, affiliated to the CTV, detained on 22 July 2025; (viii) Ms Yanny González, President of the College of Nursing Professionals of Barinas State, detained on 22 July 2025; (ix) Mr Omar Vázquez Lagonel, Vice-President of the National Federation of Retirees and Pensioners of Venezuela, affiliated to the CTV, while the President of the Federation and its lawyer were also detained, but released hours later; (x) Mr Roberto Campero, leader of the Teaching Workers’ Union, affiliated to the CTV, detained on 14 August 2025; and (xi) Mr Nelson Torrealba, member of the committee of the Teaching Workers’ Union, a branch of the Single Federation of Teachers of Venezuela in Aragua State, detained on 14 August 2025. The CUTV reports the detention since 9 January 2025 of Mr Juan Valor, former trade union leader and retiree from the main steel works in the Bolivarian Republic of Venezuela.

The above organizations indicate that: (i) in the documents acknowledging the detentions, the prosecutor has accused them of crimes of terrorism, criminal association and treason against the country; (ii) none of them have been allowed a private lawyer, and their families have not been able to visit them; and (iii) when their place of detention is changed, the families have to find out the new location of detention, which is normally far from the detainee’s residence. The CTV indicates that, on 21 August 2025, the Penal Forum recorded the existence of 815 political prisoners, including trade union leaders. The workers’ organizations report that they have also raised the issue in the Social Dialogue Forum of the situation of the following trade union leaders: (i) Mr Javier Tarazona, university professor and activist, detained in 2021; (ii) Messrs Leonardo Jesús Azócar and Daniel José Romero Arias, detained in June 2023 and accused of allegedly committing the crimes of boycott, criminal association and incitement to hatred; and (iii) Messrs Gabriel Blanco, Emilio Negrín, Reinaldo Cortés, Alonso Meléndez, Alcides Bracho and Néstor Astudillo, trade union leaders and human rights defenders, detained in August 2023, convicted to sentences of imprisonment of 16 years for acts of conspiracy and terrorism and, although they have been released on parole since December 2025, their sentence of 16 years imprisonment was confirmed in June 2025.

The Committee notes that the National Trade Union Coalition and the Venezuelan Observatory of Freedom of Association have publicly denounced the arbitrary detention of the following trade union leaders: (i) Mr Arnaldo Méndez, detained on 26 November 2025 in a violent raid carried out by State security forces; (ii) Mr William Lizardo, President of Fetraconstrucción, affiliated to the CTV, detained on 28 November 2025 by the Strategic Intelligence Division of the National Bolivarian Police (PNB); and (iii) Mr José Elías Torres Torres, Secretary-General of the CTV and participant in all the sessions of the Social Dialogue Forum, detained on 29 November 2025 following a raid on his home carried out by officers of the PNB.

The Committee deplores the gravity of the allegations referred to above and expresses its deepest concern at their implications for the possibility of the free exercise of the rights guaranteed by the Convention. The Committee notes that it was agreed, in the plan of action updated at the fourth session of the Social Dialogue Forum, that, in the context of collaboration between the authorities, the Ministry of the People’s Power for the Social Labour Process (MPPPST) would hold meetings with the Office of the Public Prosecutor and also with employers’ and workers’ organizations to provide information on cases of detention and judicial procedures or precautionary/substitute measures allegedly related to the exercise of trade union activities. It also notes that, in Case No. 3451 concerning allegations of the criminalization and prosecution of trade union action through the arbitrary detention and imprisonment without due process of various trade union leaders, the Committee on Freedom of Association strongly urged the Government to take all necessary measures to ensure that the persons detained, on trial or convicted as a result of their trade union activities, including the leaders referred to above, are fully released and that the charges brought against them are dropped. It also urged the Government to take, without delay, the measures necessary to engage in dialogue on the matters in the present case, both during the meetings agreed to in the plan of action, and at the next session of the Social Dialogue Forum (412nd Report, November 2025).

The Committee recalls that the interdependence of respect for fundamental rights and freedom of association implies, in particular, that the public authorities cannot interfere in the legitimate activities of organizations by means of arrests or arbitrary detention, nor use the pretext of alleged criminal conduct against workers in view of their membership or legitimate trade union activities (2012 General Survey on the fundamental Conventions, para. 60). With reference to the recommendations of the Commission of Inquiry and the Committee on Freedom of Association, the Committee strongly urges the Government to take the necessary measures to ensure the immediate release of any trade unionist who may be held in prison in relation to the exercise of the legitimate activities of their organization. It requests the Government to provide detailed information on this subject. It also firmly encourages the Government to address these issues within the context of the meetings agreed to in the plan of action, and during the next session of the Social Dialogue Forum, which it hopes will be held very soon.

In its previous comment, the Committee requested the Government to take the necessary measures to ensure fair compensation for the harm caused to the trade unionist Mr Rodney Álvarez (convicted in 2011 to 15 years in prison). The Committee notes the Government’s indication that on 1 December 2022, Mr Álvarez received the payment of all the amounts owed and that, in the event that additional compensation is sought, he will have to go through the competent judicial bodies as it is a private action that is not undertaken automatically. The Committee notes the indication by the CTV, FAPUV, CGT, CUTV, UNETE and CODESA that, following 11 years of unwarranted imprisonment, Mr Álvarez received devalued amounts in compensation and that there exists a problem of public morality when the Government, after keeping him in prison for crimes that he did not commit, requires him to cover the cost of a claim for reinstatement in a State enterprise, and that even the Labour Inspectorate stated in 2022 that reinstatement had not been ordered because the claim was out of time. While noting the information on compensation, the Committee regrets that, despite the time that has elapsed, the situation of Mr Álvarez has not been fully resolved. It requests the Government to ensure, if the respective action is taken, equitable and full compensation for the harm caused to Mr Álvarez.

The Committee notes the information provided by the Government concerning the creation of two national prosecutors’ offices specialized in the defence of labour rights. The Committee refers in this respect to its comment on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Articles 2 and 3 of the Convention. Respect for the autonomy of employers’ and workers’ organizations, particularly in relation to the Government and political parties, and the suppression of all interference and favouritism by the state authorities. In its previous comment, the Committee referred once again to the conclusions of the Commission of Inquiry and urged the Government, without delay, to take all the necessary measures, in the context of dialogue with the organizations concerned and the agreements adopted in the updated plan of action in the Social Dialogue Forum, to address all the pending allegations, including the allegations of interference and obstacles regarding electoral procedures and also the use of Workers’ Production Boards (WPBs) as mechanisms that restrict the exercise of freedom of association, in order to make tangible progress in the near future.

With regard to electoral procedures, the Committee notes the Government’s indication that, on the basis of the commitments made in the context of the Forum, meetings were held in 2022 and 2023 between trade union organizations and the National Electoral Council (CNE), in which the Council reported on the assistance and support that it had provided to trade unions in relation to electoral processes, and reiterated its readiness to maintain dialogue with the partners in the world of work on anything related to trade union elections and to hold meetings whenever it was requested to examine specific matters. The Government reiterates that electoral process are held freely, in accordance with the law, that the organizations have been carrying out the electoral procedures without any issues and that the Government does not interfere in them and only acts as the registrar to inform trade unions of the requirements and procedures for registration, but is not part of the electoral process, its procedures or results, responsibility for which is vested with the organizations and their members. The Committee notes that the CTV, FAPUV, CGT, CUTV, UNETE and CODESA consider that: it has not been possible to bring an end to the interference of the CNE in trade union activities and that there has been no decision, resolution or any administrative measure upholding trade union independence in electoral procedures, nor on the optional nature that CNE intervention must have; there has been no reply concerning the over 2000 certifications of electoral processes that have not been published in the Gaceta electoral; the trade union electoral procedures initiative in the CNE are currently suspended; there are delays in entering trade union registrations and independent trade union elections in the National Register of Trade Unions; and there are reportedly political directives intended to deny or place conditions on the registration of new unions.

With reference to the creation of WPBs, the Committee notes the Government’s reiterated indication that: they do not interfere in the independence of workers’ and employers’ organizations, do not restrict in law or practice the exercise of freedom of association; there have not up to now been any reports or complaints against any WPBs or their alleged interference in trade union matters; and they have emerged in response to the economic crisis and international coercive measures in order to promote the production and distribution of essential goods and services. The Committee notes that FEDECAMARAS indicates once again that: (i) WPBs can interfere in the powers of control and management of the enterprise; and (ii) the legalization and promotion by the Government of WPBs gives rise to concerns regarding the dual channels of representation and the potential conflict of authority, interference in enterprise management, their impact on the autonomy and legal security of the enterprise, the disincentive to investment, legal security and the risk of State interference. The unions UNETE and CODESA refer to the existence of WPBs that are supported and guided by the Ministry of Labour which engage in trade union interference.

The Committee notes that in the updated plan of action in the fourth session of the Social Dialogue Forum (February 2024), the participants agreed to: (i) promote through the MPPPST in relation to the CNE the unification of criteria on the optional nature of its participation in the electoral processes of trade unions in the exercise of their independence and broadly disseminate this explicit position in accordance with their areas of competence; and (ii) hold meetings at the request of the parties concerned on the activities of WPBs and their interference in freedom of association. The Committee regrets to note that, from the information provided by the Government, it does not appear that there has been any progress in accordance with the agreement reached. Reiterating once again the recommendations of the Commission of Inquiry on the need to ensure respect for the independence of employers’ and workers’ organizations, and the elimination of any interference and favouritism by state authorities, the Committee once again urges the Government to take all the necessary measures, in the framework of dialogue with the organizations concerned and the agreements reached, to address all the pending allegations, including the allegations of interference and obstacles to electoral procedures, and the use of WPBs as mechanisms that restrict the exercise of freedom of association, with a view to making tangible progress in the near future. The Committee requests the Government to provide information on the progress achieved in this respect.

Financial management of workers’ organizations. The Committee previously requested the Government to provide its comments on the alleged retention and failure of the State to transfer trade union contributions despite the repeated requests to the Government from various trade union organizations for their transfer. The Committee notes that, in the plan of action updated in February 2024, it was agreed that meetings would continue to be held between the MPPPST and trade union confederations to follow up on issues relating to the retention of trade union contributions with a view to regularizing their deduction and payment. The Committee notes the Government’s indication that, as a result of that dialogue, it was agreed that the trade unions would submit to the National Treasury supporting documents on what was owed in order to proceed with their payment, and that the matter has been resolved for those that provided the necessary information. The Committee also notes that, in the context of Case No. 3441, the Committee on Freedom of Association urged the Government to take specific action as soon as possible to resolve the urgent situation relating to the regularization of the payment of union contributions, and expected that it would proceed with the payment of the contributions withheld and owed (Report No. 409, of March 2025). The Committee firmly expects all the pending situations to be resolved without delay and requests the Government to provide information in this regard.

The Committee notes that the CUTV, UNETE and CODESA indicate in their observations that, in August 2025, the Government announced a “constituent process of workers’ movements”, which would start with education workers, with a view to “transcending the bureaucratic structures of traditional trade unionism”. According to those organizations, this measure imposed without consultation is a clear violation of the Convention as the democratization and strengthening of the trade union organizations of workers must be left to the organizations and its members themselves, without interference by employers or the Government. The Committee requests the Government to provide its comments in this regard.

Articles 2 and 3. Legislative matters. For several years, the Committee has been requesting the Government, in consultation with the most representative workers’ and employers’ organizations, to take the necessary measures to revise various provisions of the Basic Labour Act (LOTTT), and particularly sections 367, 368, 387, 388, 395, 402, 403, 410, 484 and 494. It has also urged the Government, in the context of dialogue round tables, to submit to tripartite consultation without further delay the revision of the laws and standards, such as the LOTTT, which raise problems of compatibility with the Convention in the light of the conclusions of the Commission of Inquiry (such as those relating to trade union registration, “electoral abeyance” and the WPBs) and the comments of the other ILO supervisory bodies. Moreover, as the CTV, CTASI and FAPUV raised the issue of the use of the Constitutional Act against hatred and for the promotion of peaceful co-existence and tolerance, as well as accusations of terrorism, as a pretext to criminalize trade union activities, carry out arbitrary detentions of trade union leaders and sentence them to imprisonment for exercising their freedom of expression, the Committee previously requested the Government to include in tripartite dialogue discussion of the impact of the Act on the exercise of freedom of association, and any measures needed to ensure that the application of the Act does not restrict or suppress the exercise of freedom of association. The Committee notes the Government’s reiterated indication that the Constitutional Act against hatred and for the promotion of peaceful co-existence and tolerance contributes to and creates the conditions for promoting and guaranteeing the recognition of diversity, tolerance and respect, as well as preventing and eradicating all forms of hate, harassment, discrimination and violence. The Government once again affirms that the Act does not undermine the exercise of freedom of association but rather contributes to it. The Committee notes with concern this reiterated affirmation that does not add new elements, in a context as described above, in which trade union leaders and members are accused of the crimes of terrorism, criminal association, treason against the country and incitement to hatred. The Committee also notes that the CTV, FAPUV, CGT, CUTV, UNETE and CODESA express deep concern at the increased strengthening of mechanisms of persecution of any form of dissidence, protest, complaint or disagreement with public policies, indicating that there is no freedom of association in the country, nor freedom of expression, and that persecution persists on a daily basis of social partners who engage in trade union functions.

The Committee once again reiterates the recommendations of the Commission of Inquiry in relation to legislative issues and urges the Government, in the context of institutionalized social dialogue, to submit to tripartite consultation without further delay the revision of the laws and standards, such as the LOTTT, which raise problems of compatibility with the Convention in light of the conclusions of the Commission of Inquiry (such as those on trade union registration, “electoral abeyance” and the WPBs). The Committee once again requests the Government to include in the above tripartite dialogue the discussion of the impact on the exercise of freedom of association of the Constitutional Act against hatred and for the promotion of peaceful co-existence and tolerance, and any measures needed to ensure that the application of the Act does not restrict or suppress the exercise of freedom of association. The Committee requests the Government to provide information on any developments in this respect.

The Committee not only deplores the lack of progress in the adoption of the requested measures but also notes the serious setbacks in the possibility of exercising freely the trade union rights guaranteed by the Convention. It therefore strongly urges the Government to take the necessary action to ensure, with ILO technical assistance, through institutionalized dialogue and in accordance with the indications in the report of the Commission of Inquiry, full compliance with its recommendations, so that it is possible in the near future to note specific progress, including the measures agreed upon by the partners in the plan of action updated during the fourth session of the Social Dialogue Forum and any other measures agreed upon in the next session, which is expected to be held in the very near future.

[The Government is asked to reply in full to the present comments in 2026 .]