Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Abolition of Forced Labour Convention, 1957 (No. 105) - Venezuela (Bolivarian Republic of) (Ratification: 1964)

Other comments on C105

Observation

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The Committee notes the Government’s report and the observations received on 26 August 2016 from the Independent Trade Union Alliance (ASI), on 31 August 2016 from the International Organisation of Employers (IOE) and the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), and on 12 September 2016 from the Confederation of Autonomous Trade Unions (CODESA), the Confederation of Workers of Venezuela (CTV), the General Confederation of Labour (CGT) and the National Union of Workers of Venezuela (UNETE).

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving the obligation to work as a punishment for expressing political opinions or views ideologically opposed to the established political, social or economic system. The Committee previously recalled that, where the national legislation provides for the obligation to work for persons convicted to sentences of imprisonment, the provisions of the legislation which lay down limits or restrictions on the exercise of certain civil rights or public freedoms, the violation of which may be punished by sentences of imprisonment, may have an effect on the application of the Convention. In this context, the Committee notes the information concerning reprisals or the use of repressive power to intimidate or punish persons by reason of their political opinions, the criminalization of legitimate trade union activities and the obstacles encountered by defenders of human rights and trade union rights in exercising their activities in full freedom. It requested the Government to ensure that no one who, in a peaceful manner, expresses political views, opposes the established, political, social or economic system or who participates in a strike can be sentenced to imprisonment, under the terms of which compulsory labour could be imposed, and to provide information on the application of the following provisions of the Penal Code which establish penalties of prisión for certain forms of behaviour:

-offending or showing a lack of respect for the President of the Republic or for a number of public authorities (sections 147 and 148);
-public denigration of the National Assembly, the Supreme Court of Justice, etc. (section 149);
-offending the honour, reputation or prestige of a member of the National Assembly or a public servant, or of a judicial or political body (sections 222 and 225), with proof of the truth of the facts not being admitted (section 226); and
-defamation (sections 442 and 444).

In its report, the Government indicates that persons who in a peaceful manner express political views or participate in strikes are not sentenced to imprisonment or compulsory labour. It indicates that the prison system develops effective policies intended to transform prisoners and ensure their social integration, within which work is valued and is not an accessory penalty. These policies are intended to ensure that convicts are integrated voluntarily into production units. They are not compelled to work and their integration into these production units amounts to recognition of their good conduct, and is taken into account when applying sentence reductions.

The Committee notes this information. It observes that, under the terms of the new Basic Prison Code, which entered into force in December 2015, work by prisoners is a right and must not by nature constitute a penalty or an obligation. However, it notes that work is also a duty and that, under section 64 of the Code, convicted persons who refuse work or who voluntarily perform it in an inappropriate manner, commit a serious fault and are liable to the penalties established in the Code. The Committee also recalls that, among the sentences of imprisonment envisaged in the Penal Code, the sentences of “presidio” and “prisión” involve the obligation to work (in, respectively, forced labour or work related to the arts and crafts). Only persons convicted to a sentence of “arresto” are excluded from the requirement to work (section 17). The Committee therefore considers that the provisions of the national legislation relating to the issue of work in prison may be interpreted in a contradictory manner in so far as the Penal Code explicitly establishes an obligation to work and the Basic Prison Code specifies that work is not compulsory, but at the same time establishes that any person who refuses work commits a serious fault and is liable to a penalty. The Committee accordingly considers that persons convicted to a sentence of “presidio” or “prisión” could be compelled to work.

The Committee notes that the United Nations Human Rights Committee, which in 2015 examined the application by the Bolivarian Republic of Venezuela of the International Covenant on Civil and Political Rights, expressed concern at reports that journalists and human rights defenders have been subjected to intimidation, threats and attacks; allegations of the arbitrary arrest of members of the political opposition; provisions and practices which could discourage the expression of critical positions or critical media and social media reporting on matters of public interest, and which could adversely affect the exercise of freedom of expression, including provisions that make defamation and offending or failing to show respect for the President and other senior officials criminal offences (CCPR/C/VEN/CO/4 of 14 August 2015). The Committee also notes that the Secretary General of the Organization of American States (OAS) emphasized in the report submitted in June 2016 to the OAS Permanent Council that undue restrictions of social protest, the excessive use of force against demonstrators and the criminalization of opponents and dissidents are typical of the Government’s action. He also emphasized that the media are regularly subjected to penal and administrative proceedings. Finally, the Committee recalls that, in the context of its supervision of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), it expresses concern at the information relating to acts of violence and intimidation against workers’ and employers’ organizations, and the climate in which public freedoms are exercised.

The Committee expresses deep concern at the criminalization of social movements and the expression of political views. In view of the above, the Committee urges the Government to ensure that no person who, in a peaceful manner, expresses political views or opposes the established political, social or economic system can be convicted to a sentence of imprisonment involving the requirement to perform compulsory labour. It also once again requests the Government to provide information on the application in practice of the provisions of the Penal Code referred to above, with an indication of the number of court rulings issued, the basis for such rulings and the facts behind the convictions.