Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the communication of the Confederation of Workers of Venezuela (CTV), dated 28 August 2009, sent to the Government on 16 September 2009.

Discrimination on the basis of political opinion

Tascón list. The Committee recalls that in its 2007 observation, it referred to communications sent in 2004 and 2006 by the National Single Federation of Public Employees (FEDE–UNEP) concerning 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. According to FEDE–UNEP and the CTV, the names of the workers who signed the proposal for a referendum were published prior to their dismissal on a list on the Internet which was used as a source of information for reprisals. The Committee further recalls that according to a communication received from the CTV in 2007, 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”. However, the CTV alleged that the discrimination continued and worsened in the public sector.

Petróleos de Venezuela (PDVSA). In its 2007 observation, the Committee referred to the dismissal of 19,500 workers from the PDVSA which, according to the CTV’s allegations, were based on political grounds.

The Committee notes that in its 2009 communication, the CTV reiterates that discrimination on political grounds persists in the public sector. The Committee notes that the Government indicates in its report that discrimination on political grounds is non-existent in the Bolivarian Republic of Venezuela, that the national Government does not under any circumstances harass, threaten or harm workers on the basis of their political principles or a lack of support for a given political ideology or view, and that, on the contrary, national policies in recent years have expanded the possibilities for men and women citizens to obtain an education and decent productive employment. With regard to the PDVSA case, the Government also states that measures were taken against persons who participated in the sabotage of the oil industry. However, the Committee cannot ignore the fact that a different picture emerges from the communications which it continues to receive from the CTV. The Committee also notes with regret that the Government has not provided any information on the measures taken to investigate the allegations of discriminatory practices, which it urged the Government to take in its previous observation. Consequently, the Committee once again urges the Government to take the necessary measures to investigate the allegations regarding management practices in the public sector, including the PDVSA, that discriminate against employees on the basis of their political opinion, and to put an end to such practices where they are found to exist. The Committee urges the Government to provide detailed information in its next report on the measures taken in this regard.

The armed forces. With regard to the armed forces, the Committee recalls that in its 2007 observation, it noted the CTV’s indication that soldiers and officers are obliged to shout the slogan “Fatherland, socialism or death” and that the President of the Republic has stated that anyone who is not prepared to give voice to this slogan must resign. The Committee notes that the Government refers in its report to the Basic Act on the Bolivarian National Armed Forces, adopted under Decree No. 6239 of 22 July 2008, which establishes the principles governing the organization, operation and administration of the armed forces. The Committee notes that the above Basic Act contains no provisions prohibiting discrimination against members of the armed forces in accordance with the provisions of the Convention. In this regard, the Committee recalls that in its previous observation, after noting that section 7 of the Organic Labour Act provides that members of the 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 are excluded from the scope of that Act, the Committee emphasized that, although the Organic Labour Act does not apply to members of the armed corps, they, like other workers, enjoy the protection laid down by the Convention. Furthermore, the Committee once again draws the Government’s attention to the fact that, according to paragraph 47 of its Special Survey of 1996 on the Convention, “the general obligation to conform to an established ideology or to sign an oath of political allegiance would be considered discriminatory”.

Pressure on public officials. With regard to the allegations made by the CTV concerning the pressure exerted on public officials to join the political party established by the President of the Republic, the Committee notes that the Government once again refers to article 67 of the Constitution with regard to freedom of association. The Committee considers that the reference to this provision in this context is not relevant since, as pointed out in its previous observation, the matters raised do not concern the possibility of forming a political party, but rather the pressure exerted on workers, whether from the public or private sector, to join a given party or face dismissal.

The Committee regrets that it has not received specific information on the measures requested in its previous observation and once again emphasizes that threats, harassment, transfers, worsening of working conditions and the 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).

The Committee once again expresses deep concern at the discriminatory practices on political grounds referred to above. The Committee strongly urges the Government to:

(i)    take all the necessary measures in law and practice to provide redress for the effects of the acts of discrimination concerned and to prevent such situations from recurring;

(ii)   protect workers in both the public and private sectors from discrimination on the ground of political opinion, in accordance with the Convention; and

(iii) provide detailed information on the measures taken in this regard.

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