Informe provisional - Informe núm. 325, Junio 2001

1. 576. The Committee first examined this case at its March 2001 meeting when it presented an interim report to the Governing Body [see 324th Report, paras. 940-994, approved by the Governing Body at its 280th Session in March 2001].
2. 577. The Government sent its observations in communications dated 25 March and April 2001. The Venezuelan Workers’ Confederation (CTV) and the International Confederation of Free Trade Unions (ICFTU) sent new allegations in communications dated 4 and 25 April, and 22 May 2001, respectively.
3. 578. Venezuela has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 579. At its March 2001 meeting, the Committee made the following recommendations on the allegations that remained pending:
2. – The Committee urges the Government and the authorities to put an end, without delay, to the repeated violations of Conventions Nos. 87 and 98 that are occurring in the country and in particular:
3. (1) to abandon the idea of imposing or favouring in any way trade union monopoly or unity since these should only result from the will of the affiliated workers;
4. (2) to invalidate the results of the referendum of 3 December 2000 and to refrain from removing elected trade union leaders from office;
5. (3) to stop making hostile statements against the Venezuelan Workers' Confederation (CTV);
6. (4) to act in a neutral manner with all trade union organizations and to refrain from any discriminatory treatment, particularly against the CTV;
7. (5) to allow trade unions to conduct their elections when they choose in a context of respect for trade union statutes, and to put an end to the functions of the National Electoral Council in respect of trade union elections;
8. (6) to ensure that in future collective bargaining principles are respected in the petroleum sector, and that any direct negotiation between the enterprise and the workers does not undermine the position of trade union organizations;
9. (7) to stop submitting matters of a trade union nature to non-members;
10. (8) to show respect in future to the delegations of international trade union movements sent to the country; and
11. (9) to revoke the transfer of SINOLAN trade union leaders in violation of the collective agreement.
12. – The Committee demands that the Government take measures to repeal or substantially amend trade union standards and decrees that are in violation of Conventions Nos. 87 and 98, adopted since the arrival of the new Government, which moreover, according to the complainants, were adopted without respecting the compromise to reach a consensus on the substance of said decrees. The Committee demands that the Government take steps to withdraw the Bill for the protection of trade union guarantees and freedoms and the Bill for the democratic rights of workers, which contain restrictions to trade union rights that are incompatible with Conventions Nos. 87 and 98.
13. – The Committee requests the Government to inform it for its May-June meeting of the measures adopted in accordance with the above requests and brings the legislative aspects of this case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.
14. B. The Government’s reply
15. 580. In its communications dated 25 March and April 2001, as regards the Committee’s recommendations, the Government states that the collective agreement for the oil sector was signed and ratified in October 2000 and that it contains major improvements (a copy is attached with its reply). The enterprise consulted only the workers and employees involved in the dispute (which is permitted under national legislation as a means of settling disputes directly between the parties), but it never sought to disregard the oil sector’s trade unions and federations, nor did it attempt to delay conclusion of the collective agreement; it was in fact those very bodies that signed the agreement. Moreover, all the trade union federations, including the Venezuelan Workers’ Confederation (CTV), reached unanimous agreement on 21 February and 9 March 2001, with technical assistance from the ILO Regional Office in Lima, to work towards the democratization of the trade union movement; this was followed by trade union elections. The agreement aims to respond to the need to overcome the serious shortcomings besetting the Venezuelan trade union movement and to enhance its strengths and capacities. The workers and their federations will be the decision-makers in a process based on dialogue. The Government emphasizes its neutral stance and maintains that it has never had any intention of replacing the trade union movement by an organization allied to the Government.
16. 581. As regards the referendum on 3 December 2000, which was conducted in conformity with the Constitution, it was aimed at obtaining society’s endorsement of the legitimization of trade unionism, which was seen as “a matter of national importance”. As regards the allegations concerning the transfer of officers of the Trade Union of National Assembly Legislative Workers (SINOLAN), the Government states that it was necessary as part of the process of restructuring of the former National Congress, to enable the current National Assembly to work in a more efficient and productive manner. The issue has already been resolved, and today there are no more complaints pending on the part of these workers.
17. 582. The Government affirms its resolve to abide by the ILO Conventions on freedom of association, adding that as many as 3,063 trade union organizations had been registered as at 10 April 2001 and 40 collective agreements were signed over the past three months. It expresses its appreciation for the opportunities to exchange experience offered by the international trade union movements. The Government finally refers to the statement by the President of the CTV before the ILO Governing Body, which confirmed the existence of a forum for dialogue with all the trade union federations and emphasized that there had been a significant change in industrial relations during the term of office of the current Minister of Labour, whose move to promote dialogue was regarded as a positive sign.
18. C. The complainants’ new allegations
19. 583. In its extensive communications dated 4 and 25 April 2001, the Venezuelan Workers’ Confederation (CTV) alleges that there are new provisions which imply state interference in trade union affairs and which affect the free election of trade union officers, such elections being subject to authorization and supervised by the National Electoral Council. In addition, trade union officers are required to declare their assets. The CTV refers to reiterated statements in the media by the President of the Republic expressing hostility towards the CTV and clearly displaying favouritism with regard to the Bolivarian Workers’ Force, an organization allied to the Government, which continues to maintain its control over the CTV’s affiliates. In its communication of 22 May 2001, the ICFTU alleges that the company SIDOR-Consorcio Amazonia refuses to bargain collectively and has committed acts contrary to the right to strike.

D. The Committee’s conclusions

1. 584. The Committee notes the Government’s reply, and in particular the agreements reached by the trade union confederations, including the Venezuelan Workers’ Confederation (CTV), aimed at democratizing the trade union movement as part of a process which would open the way to trade union elections, in which the workers would take decisions and the Government, according to its statement, would remain neutral. The Committee nonetheless deplores the fact that according to the new allegations the sense of these agreements has been distorted, given the interference by the authorities in the process of trade union elections and the new restrictive provisions, as well as the hostile statements made by the President of the Republic with regard to the CTV and the favouritism shown to the Bolivarian Workers’ Force, according to the CTV’s latest allegations. The Committee urges the Government to cease its harassment of the CTV and to ensure that the authorities refrain from interference in the trade union electoral process, and that it abandon the idea of imposing trade union unity. The Committee requests the Government to send its observations on the CTV’s allegations of 4 and 25 April 2001.
2. 585. The Committee concludes that the Government has not changed its attitude with regard to trade union matters and that the situation prevailing at the time of the previous examination of the case in March 2001 is continuing to deteriorate; the Committee must also emphasize its previous recommendations on the need to repeal or substantially amend the standards and decrees referred to in its previous recommendations and the new provisions restricting trade unions’ right to elect their representatives in full freedom. The Committee requests the Government to keep it informed in this regard. Moreover, although it notes the Government’s statements to the effect that the consultative referendum of 3 December 2000 was conducted in accordance with the Constitution, the Committee requests the Government to refrain in future from holding referendums on matters directly affecting the trade union movement, disregarding the will of the trade unions and their confederations.
3. 586. The Committee observes that the allegations relating to collective bargaining in the oil sector and the transfer of SINOLAN officials have been resolved (a collective agreement has been concluded in the oil sector and no complaints by the SINOLAN trade union are pending).
4. 587. The Committee requests the Government to provide its observations concerning the allegations submitted on 22 May 2001 by the ICFTU.
5. 588. The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legal aspects of this case.