Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 29) sur le travail forcé, 1930 - Venezuela (République bolivarienne du) (Ratification: 1944)

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The Committee notes the joint observations of the Confederation of Autonomous Trade Unions (CODESA), the Confederation of Workers of Venezuela (CTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), the Independent Trade Union Alliance Confederation of Workers (CTASI), the National Union of Workers of Venezuela (UNETE), and the United Federation of Workers of Venezuela (CUTV), received on 30 August 2023. The Committee requests the Government to provide its comments in this regard.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Massive migration flows. The Committee notes the Government’s statement, in its report, that the coercive unilateral measures imposed on Venezuela result in an uncertain economic context and migration of the Venezuelan population. It notes, however, that the Government has not provided specific information on measures taken so that this situation does not contribute to an increase in cases of trafficking of Venezuelans among the high number of persons who migrate.

The Committee notes that, in their joint observations, CODESA, the CTV, FAPUV, CTASI, UNETE and the CUTV highlight that this phenomenon is only getting worse owing to the generally impoverished population, the lack of education and job opportunities, and the poor living conditions, which have provoked widespread exodus of the population, which travels often with an irregular status and in dangerous conditions, continually exposed to human rights abuses and violations in the border areas and migratory routes, including trafficking in persons. In this respect, the trade union organizations indicate that, because of the urgency of this situation, CTASI has launched a campaign, entitled “We have the right not to migrate”, demanding that an agreement be drawn up on Venezuelan migration, with the support of the ILO and the International Organization for Migration, as the most urgent priority is to prevent and mitigate the causes of migration and its link with trafficking in persons, through social dialogue and a coordinated action to promote the right not to migrate. The trade union organizations also regret the absence of measures taken by the Government to regularly collect and publish information on the number of persons concerned by this phenomenon and likely to be affected by trafficking.

In this regard, the Committee notes that according to the Regional Inter-Agency Coordination Platform for Refugees and Migrants from Venezuela (R4V), managed jointly by the Office of the United Nations High Commissioner for Refugees and the International Organization for Migration, to date, approximately 7.7 million persons have left Venezuela, more than 80 per cent of whom have migrated to Latin America and the Caribbean. The Committee notes the adoption of the Return to the Homeland Plan 2018–25 (Plan Vuelta a la Patria) which aims to facilitate the repatriation of Venezuelan nationals by air, sea or over land. It notes, in this regard, that in its 2022 concluding observations, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families noted with concern that: (i) there is the lack of accessible information on returns, which is key to developing social protection and reintegration policies for returnees; (ii) according to the requirements for registration, persons who are considered to have participated in public acts of violence or acts of hatred against the Venezuelan people may not be able to participate in the plan for return; (iii) in order to benefit from socio-economic reintegration and social protection measures, registration in the Carnet de la Patria (Card for the Nation) system appears to be a prerequisite; and (iv) there has been harassment of people who returned outside the framework of the Return to the Homeland Plan. The United Nations Committee also noted with concern the deterioration in consular services for Venezuelan migrants due to the closure of several consulates in foreign countries, and the difficulties migrants have experienced in acquiring and renewing their passports – a basic requirement for access to the regularization procedure and to health, employment, education and financial services in destination and host countries (CMW/C/VEN/CO/1, 27 October 2022).

Given the massive and ongoing migratory flows, the Committee urges the Government to take specific measures to ensure that the actions taken by the national authorities to address this situation do not contribute, directly or indirectly, to increasing the vulnerability of Venezuelans at risk of trafficking, inside or outside the country. It requests the Government to provide information on any bilateral agreements signed with the biggest host countries to this end, as well as on the situation of migrants who return to the country, within the framework of the programme for assistance to return or by their own means, specifying the support and follow-up provided to those repatriated when they return, including to facilitate their reintegration.

2. Legislative and institutional framework. The Committee takes due note of: (i) the adoption of the National Plan to combat trafficking in persons for 2021–25 and the establishment of a National Council to combat trafficking in persons, responsible for ensuring the follow-up, evaluation, implementation and enforcement of the plan (Presidential Decree No. 4.540 of 21 July 2021); and (ii) the establishment in November 2020 of the Special Division of the Ombuds Office for the protection of migrants, refugees and victims of trafficking in persons. It notes that, in their joint observations, the trade union organizations regret the lack of information from the Government on the specific actions implemented by these institutions to combat trafficking in persons, including within the framework of the National Plan, in particular in the Orinoco Mining Arc (Arco Minero del Orinoco, AMO), which covers the states of Bolivar, Amazonas and Delta Amacuro, where the situation is worrying and is deteriorating. The trade union organizations add that with the rise of illegal mining in Bolivar, the state has become not only an area of transit and origin, but also a destination for human trafficking; Venezuelan jobseekers who come to this region are forced to work in the mines in conditions akin to slavery, and women and girls from indigenous communities are victims of trafficking for the purposes of sexual exploitation in the mining areas. The trade union organizations add that in July 2023, the Government launched Operation Autana to expel 10,000 miners from the Orinoco Mining Arc.

The Committee notes that, in their 2023 concluding observations, the United Nations Human Rights Committee and the United Nations Committee on the Elimination of Discrimination against Women both expressed concern about the increase in contemporary forms of slavery, including sex trafficking and child labour in mining areas, particularly in the Orinoco Mining Arc, in the context of the presence of non-State armed and criminal groups linked to extraction activities. The Committee on the Elimination of Discrimination against Women also noted with concern that the Special Division of the Ombuds Office for the protection of migrants, refugees and victims of trafficking in persons lacks the human, technical and financial resources necessary for the implementation of its mandate (CCPR/C/VEN/CO/5, 3 November 2023; and CEDAW/C/VEN/CO/9, 31 May 2023).

The Committee notes with concern this information. The Committee urges the Government to take the necessary measures to combat trafficking in persons, both for the purposes of labour exploitation and sexual exploitation, in particular in the Orinoco Mining Arc, and in the mining and agricultural sectors. Noting that the National Plan to combat trafficking in persons for 2021–25 has still not been published, the Committee requests the Government to provide a copy of the Plan, as well as information on the actions implemented within its framework, and on the evaluation of the results achieved and the difficulties encountered. It also requests the Government to provide information on the functions and activities of the National Council to combat trafficking in persons and the Special Division of the Ombuds Office, and on the measures taken to ensure that sufficient resources are made available to them. It once again requests the Government to indicate whether the bill against trafficking in persons is still on the agenda.

3. Prevention and awareness-raising. The Committee notes the Government’s general information that various strategies, policies and programmes have been developed in coordination with the different national agencies aimed at preventing and eliminating trafficking in persons, particularly by identifying the geographical areas where this crime is likely to occur, such as border areas, by strengthening their presence through prevention and awareness-raising actions for vulnerable groups of the population. The Committee notes that, in their joint observations, the trade union organizations highlight the limited impact of the preventive measures implemented by the Government, which indirectly contribute, according to the organizations, to the massive migratory flows of the population. The trade union organizations add that despite the efforts of the National Bureau to Combat Organized Crime and the Funding of Terrorism (ONCDOFT), its preventive activities implemented between January 2022 and April 2023 reached less than 2 per cent of the population, thus failing to recognize the scale of the phenomenon of trafficking. The Committee requests the Government to continue its efforts to implement large-scale prevention and awareness-raising activities, concerning trafficking in persons, both for the purposes of labour exploitation and sexual exploitation, at the national and local levels, in particular in the areas where most cases of trafficking are identified. It also requests the Government to provide information on the content of the activities carried out to this end, the preventive tools put in place, the results achieved and the difficulties encountered.

4. Identification and protection of victims. The Committee notes the Government’s reference to the Victim Assistance Unit (UAV) under the Public Prosecutor’s Office, which is a department attached to special high-level prosecutor’s offices in each State. The service is entirely free of charge and aims to provide guidance to victims of crime, including trafficking, inform them of their rights and provide them with personalized support, particularly psychological, to ensure that they are able to participate during the criminal proceedings. Specifically, regarding Venezuelan presumed victims of trafficking identified abroad, the Government indicates that a mechanism for assistance is in place within consulates to provide the necessary assistance and refer these potential cases to the national authorities. The Government adds that the National Office for Comprehensive Care of Victims of Violence (ONAIVV) is the body responsible for establishing institutional policies in this area and acts in four fields: health, psychological support, social and legal assistance. ONAIVV has developed a protocol for standardizing criteria and procedures for the assistance, follow-up, supervision and evaluation of care for victims of violence. The Government adds that, between 2022 and 2023, 57 victims of trafficking were identified, including 47 adults.

The Committee notes that, in their joint observations, the trade union organizations highlight that these figures do not reflect the scale of trafficking, and testify to the absence of adequate mechanisms for detecting and identifying victims of trafficking. They add that the actions of ONAIVV are, in practice, limited as it does not have local offices throughout the country and is mainly dedicated to addressing violence against women in general.

The Committee requests the Government to continue to take measures to ensure that all victims of trafficking receive protection and assistance adapted to their situation. It requests the Government to provide information on the number of victims identified who have received assistance and the type of assistance provided. It once again requests the Government to provide a copy of the protocol for assistance for victims of trafficking formulated by ONCDOFT, once it has been revised.

5. Punishment and enforcement of effective penalties. The Committee welcomes the establishment within the Public Prosecutor’s Office, of a special unit to investigate trafficking in persons, particularly of women and girls; and within the Scientific, Penal and Criminal Investigating Body, of the investigation unit for trafficking in persons for reporting, investigating and dismantling trafficking networks. With regard to the activities of ONCDOFT, which is responsible for developing training programmes for officials from the judiciary, the Public Prosecutor’s Office and law enforcement, the Government indicates that a series of actions was carried out with police officers and officials from the immigration services to better identify cases and victims of trafficking in persons. In addition, training activities in trafficking were carried out by the Special Division of the Ombuds Office set up in 2020, as part of its national training plan concerning the rights of victims of trafficking, including for judiciary officials, police officers and immigration services officials. To date, 869 persons have benefited from these actions. The Government adds that training for labour inspection officials was carried out by the People’s Ministry of Labour, in cooperation with the International Organization for Migration (IOM), in order to address the identification, detection and referrals of presumed cases of trafficking. The Government adds that it participates in various initiatives launched at the regional level to combat trafficking in persons, such as the Regional Platform against trafficking in persons and smuggling of migrants, and the Network on trafficking and smuggling of migrants of the South American Conference on Migration.

The Committee notes from the statistical information provided by the Government that legal proceedings for cases of trafficking in persons were brought against 26 persons in 2022 and 21 persons in 2023. Furthermore a total of 51 persons were convicted of the crime of trafficking in the same period. The Committee observes that only one of these persons was convicted of trafficking for the purposes of forced labour, and once again notes that the Government does not specify the nature of the penalty imposed in this respect. The Committee notes that, in their joint observations, the trade union organizations highlight the need to increase the number and effectiveness of anti-trafficking activities, as this phenomenon is becoming worse and more complex. They also underline the lack of information concerning the actions taken by the new above-mentioned structures within the Public Prosecutor’s Office and the Scientific, Penal and Criminal Investigating Body to fulfil their mandate against trafficking.

The Committee requests the Government to take action to strengthen the capacity and the competence of the various authorities that contribute to combating trafficking in persons, so that these authorities can effectively identify situations of trafficking, carry out adequate investigations and initiate prosecutions against the perpetrators of trafficking and any complicit public officials. Recalling that Article 25 of the Convention provides that the exaction of forced labour shall be punishable byadequate and strictly enforced penalties, The Committee once again requests the Government to provide detailed information on the number and nature of investigations carried out, prosecutions initiated, court decisions handed down and penalties imposed, specifying the provisions of the national legislation under which the criminal proceedings were initiated.

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