Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Venezuela (Bolivarian Republic of) (Ratification: 1983)

Other comments on C144

Observation

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The Committee notes the observations, concerning the application of the Convention in law and in practice, of the Independent Trade Union Alliance Confederation of Workers (CTASI) of 31 August 2021; and the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), with the support of the International Organisation of Employers (IOE), of 1 September 2021; as well as the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP), of 8 September 2021. The Committee requests the Government to provide its comments thereon.

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

In its previous observation, the Committee noted the conclusions and recommendations of the report of the Commission of Inquiry concerning the implementation of the Convention. The Committee notes the discussion at the 343rd Session (November 2021) of the Governing Body on the examination of all measures, including those provided for in the ILO Constitution, required to ensure that the Bolivarian Republic of Venezuela complies with the recommendations of the Commission of Inquiry, and the decision adopted in this regard. The Committee notes that the Governing Body will again consider at its 344th Session (March 2022) the Government’s progress in ensuring compliance with the recommendations of the Commission of Inquiry and will continue examining possible measures to achieve this objective.

Articles 2, 5 and 6 of the Convention. Effective tripartite consultations. The Committee recalls that the Commission of Inquiry recommended, through tripartite dialogue with the representative organizations of employers and workers: (i) the establishment of effective tripartite consultation procedures, and (ii) the institutionalization of dialogue and consultation covering the subjects envisaged in all ratified ILO Conventions or relating to their application. In its previous observation, having regretted to note that no progress had been made either in complying with the Convention or in implementing the recommendations of the Commission of Inquiry, the Committee encouraged the Government to engage in the widest possible tripartite consultations and social dialogue and invited it to provide updated information on the measures taken in this respect, including on capacity-building measures for the tripartite constituents and measures to reinforce mechanisms and procedures, and on the identified challenges and good practices.

The Committee notes the Government's indication that, within the framework of its renewed policy of national dialogue with all sectors of the country, in accordance and in order to improve compliance with the Convention, it has been conducting wide and inclusive dialogue with all employers' and workers' organizations. In this regard, the Government indicates that: (i) since early 2021, dialogue round tables have been established with the various employers' and workers' organizations, in a climate of respect and goodwill, to address matters related to the Conventions concerned by the Commission of Inquiry, with a view to reaching solutions and continuing to make progress in accordance with the obligations established in the Convention. This invitation was answered by FEDECAMARAS, the Venezuelan Federation of Craft, Micro, Small and Medium-sized Business Associations (FEDEINDUSTRIA), the CBST-CCP, the CTASI, the General Confederation of Labour (CGT), National Union of Workers of Venezuela (UNETE), the Confederation of Autonomous Trade Unions (CODESA, which submitted a document and withdrew), as well as the Confederation of Workers of Venezuela (CTV, which sent a communication declining to attend the dialogue proposed as a dispute settlement mechanism); (ii) meetings were subsequently held in response to the social partners’ requests and, as of May 2021, a forum designated the Meeting for National Dialogue on the World of Work was held virtually through six working sessions, one of which was devoted to matters relating to the implementation of the Convention; and (iii) during these sessions, the partners were able to express their views and make extensive presentations on matters relating to the implementation of the Convention, in a climate of respect and goodwill, with wide participation of a number of them: FEDECAMARAS, FEDEINDUSTRIA, CBST-CCP, the CTASI, UNETE, CTV (which took part in the first two sessions), CODESA (which attended the first session only), and CGT (which expressed interest but had connection problems).

In this respect, the Committee welcomes the actions that, in the context of these forums for dialogue, the Government indicates it has undertaken or will carry out to ensure compliance with the Convention and to strengthen social dialogue. The Committee encourages the Government to continue with these actions:

(i) referral to the National Assembly of the Committee's comments on the revision of laws and standards implementing ILO Conventions, as well as the Government's commitment to engage in consultations with the social partners on draft laws, or their respective reforms initiated by the National Assembly relating to international labour standards (to this end, the social partners were formally consulted on suggestions and recommendations regarding draft laws or reforms currently on the legislative agenda, and the Ministry of People’s Power for the Social Process of Labour (MPPPST) undertook to act as a liaison between the legislature and the social partners);
(ii) the establishment of three technical working groups between the social partners and the Government on the application of the Conventions concerned by the Commission of Inquiry, to develop specific proposals on methods and procedures referred to in the texts of the Conventions while taking into account national realities. The Government indicates that these technical working groups started their work on 30 July 2021 and continued on 17 and 18 August 2021, and indicates that a general discussion was held on enhancing procedures to comply with the Convention;
(iii) virtual coordination meetings in May 2021 with the various social partners, employers and workers, to report on the progress of the 109th International Labour Conference, including its special format, agenda items and the composition of delegations. The Government indicates that additional coordination meetings are planned for the second part of the 109th Conference (25 November–11 December 2021);
(iv) referral to the National Assembly of the list of international labour standards adopted by the Conference pending ratification, with a view to furthering consultations on those standards, in accordance with the Convention. In this regard, in March 2021, the National Assembly approved an Agreement for the revision and evaluation of ILO Conventions, through which the competent Ministries were urged to take measures to ensure the participation of workers, employers and other public authorities. Also in March, the MPPPST initiated the consultation process on the Violence and Harassment Convention, 2019 (No. 190), submitting an evaluative instrument on the Convention to the social partners in April 2021, together with the national legal framework and ILO documentation on the instrument (at the time of writing, responses have been received from three of the eight organizations consulted); and
(v) consultation with the social partners on the content of the reports on Conventions Nos 1, 22, 26, 27, 87, 95, 100, 111, and 144, starting on 18 August 2021 with a presentation on each subject and a deadline for submission prior to the deadline set by the ILO.

The Government also indicates that: (i) it plans to hold a forum, with the participation of ILO technical representatives, to discuss the progress made in the framework of the Meeting for National Dialogue on the World of Work and the technical working groups for the improvement of compliance with the Conventions that are concerned by the Commission of Inquiry; (ii) other spaces for dialogue have been opened between the social partners and the executive authorities, such as the invitation of the Executive Vice-President of the Cabinet to FEDECAMARAS to attend the Higher Council of Productive Economy, with a meeting that took place on 30 July 2021 and which was attended by representatives of FEDECAMARAS and FEDEINDUSTRIA, as well as other productive sector associations in agri-food, fisheries and agriculture; and (iii) spaces for dialogue are being created with other public authorities, such as the dialogue initiated in early 2021 with the new leadership of the National Assembly, through the Special Committee for Dialogue, Peace and National Reconciliation, in which various workers' and employers' organizations have participated.

While noting that the CBST-CCP similarly highlights the spaces for dialogue referred to by the Government as progress, the Committee also notes the other social partners’ observations (FEDECAMARAS and CTASI) that the exploratory tripartite and bipartite dialogue carried out has not yet translated into tangible progress, nor does it meet the criteria established in the recommendations of the Commission of Inquiry, given the lack of minutes, independent chairing, methodology for a results-oriented agenda or ILO assistance. Furthermore, FEDECAMARAS indicates that a number of the planned mechanisms, such as the coordination of consultations with regard to the National Assembly’s legislative agenda, have not yet been implemented; the CTASI also emphasizes that it is of fundamental importance for the dialogue to ensure the full freedom of all trade unionists and leaders being restricted under judicial proceedings, and freedom from interference in their organizations’ autonomy.

While duly noting the above developments, the Committee refers to the recommendations of the Commission of Inquiry and requests the Government, in consultation with the social partners and with the assistance of the ILO, to take additional measures for the proper functioning of effective tripartite consultation procedures, including mechanisms to institutionalize dialogue and consultation. The Committee invites the Government to continue providing updated information on the measures taken in this respect in accordance with the Convention, and the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), including on the consultations undertaken, the nature and form of the procedures established, the measures to strengthen these mechanisms and the capacity-building measures for the tripartite constituents, taking national circumstances into account, and the good practices and challenges that have been identified.