Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the communication of the Confederation of Workers of Venezuela (CTV), forwarded to the Government on 26 October 2007 and the communication of the Venezuelan Association of Actors (AVA), forwarded to the Government on 12 February 2008. It also notes that the Government has not provided information on these comments. The Committee notes that the communication of the CTV reiterates its communication of 19 June 2007 and that the communication of the AVA states that, following the disagreement expressed by an actress concerning the draft constitutional reform, the Culture Minister indicated in public statements that perhaps certain actors should not be granted access freely to public media and that they could be banned from the “Villa del Cine”, a public institution comprising film production studios. In this regard, the Committee expresses concern at statements which would appear to make access to employment and occupation dependent on ideological support for government positions and requests the Government, for the purposes of guaranteeing that there is no discrimination based on political opinion, to refrain from issuing statements or undertaking action which relates to limiting access to employment and occupation for reasons of political opinion.

Furthermore, the Committee notes that the Government has not provided the information requested by the Committee in its 2007 observation, to which the Committee had requested a detailed reply in 2008. The Committee expresses its deep concern at the lack of reply from the Government to the serious matters raised in its previous observation, and urges the Government to reply to all the matters set out in its previous observation, which read as follows:

1. The Committee notes the Government’s report and the communication sent by the Confederation of Workers of Venezuela (CTV), which was forwarded to the Government on 19 June 2007, and the Government’s reply thereto received on 20 September 2007. The Committee notes that the Government has not replied specifically to the communications from the National Single Federation of Public Employees (FEDE-UNEP), affiliated to the CTV, which were forwarded to the Government on 23 November 2004 and 22 March 2006.

2. Discrimination on political grounds. Tascón list. The communications of the FEDE‑UNEP refer to threats, harassment, transfers, the worsening of working conditions and the dismissal of employees of the Central and Decentralized National Public Administration in response to their participation in the collection of signatures to initiate a referendum to revoke the public offices assigned by popular election, in accordance with the Constitution. FEDE-UNEP provided 700 names of dismissed workers. The names of the workers who participated in initiating the referendum process were published prior to their dismissal on a list on the Internet which, according to FEDE-UNEP and CTV, was used as a source of information for reprisals. In its communication of 2007, the CTV refers to the fact that, on 15 December 2005, the President of the Republic recognized the discriminatory use made of the list and stated that the list “should be discarded”. Nevertheless, according to the union, the discrimination has continued and has worsened in the public sector.

3. Discrimination on political grounds in Petróleos de Venezuela (PDVSA). On the matter of the 19,500 workers dismissed from the PDVSA, the Committee notes that the CTV cites statements allegedly made by the President of the PDVSA which illustrate that these dismissals were politically motivated. According to the CTV, the President of the PDVSA expressed his determination to continue to dismiss employees to ensure that the enterprise “is in line with and reflects the love our people have expressed towards our President”. In its reply to the CTV’s comments, the Government refers to the legislation providing protection against discrimination and provides information on the status of complaints filed by dismissed employees of the PDVSA. However, the Government does not comment on statements allegedly made by the President of the PDVSA. The Committee strongly urges the Government to take the necessary measures to investigate the allegations of management practices in the public sector, including the PDVSA, that discriminate against employees on the basis of their political opinion, and to end such practices where they are found to exist. Please keep the Committee informed in this regard. The Committee also refers in this regard to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

4. The armed forces. The CTV indicates that, although there have not been changes in the provisions establishing the institutional and non-political nature of the armed forces, soldiers and officers are obliged to shout the slogan “Fatherland, socialism or death” and that the President of the Republic has stated that whoever is not prepared to give voice to this slogan must resign.

5. The Committee notes that, in its communication, the Government refers to section 7 of the Organic Labour Act which excludes the members of armed corps, meaning the armed corps of the national armed forces, the police services and other bodies involved in the defence and security of the nation and the maintenance of public order from the scope of the Act. The Committee stresses that, although the Organic Labour Act does not apply to members of armed corps, they, like other workers, enjoy the protection laid down by the Convention. The Committee reminds the Government that, according to paragraph 47 of its Special Survey of 1996 on this Convention, “the general obligation to conform to an established ideology or to sign an oath of political allegiance would be considered discriminatory”.

6. Pressure on public officials. The CTV adds that the President of the Republic has decided to establish a new political party and observes, indicating that a political organization is being established by the State, that action in support of this party is undertaken in state schools and that there have been many complaints of pressure exerted upon public officials to join that organization. The Government indicates in this connection that the Constitution of the Bolivarian Republic of Venezuela provides for the freedom to join to any party. The Committee notes that the issues arising under the Convention do not relate in this case to the forming of a political party, but the pressure exerted on workers, whether from the public or the private sector, to join a given party.

7. The Committee stresses that threats, harassment, transfers, worsening of working conditions and dismissal of employees on the basis of their activities expressing opposition to the established political principles, as well as the requirement to conform to a specific ideology constitute discrimination on political grounds within the meaning of the Convention (see General Survey of 1988, paragraph 57, and the Special Survey of 1996, paragraph 47).

8. The Committee expresses deep concern at the facts referred to above and urges the Government to adopt all the necessary measures in law and practice to provide redress for the effects of the acts of discrimination referred to above, to prevent such situations recurring and to protect workers in both the public and private sectors from discrimination on the ground of political opinion, in accordance with the Convention. It requests the Government to provide detailed information on the specific measures taken in this regard.

The Committee is raising other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2009.]