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

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Venezuela (République bolivarienne du) (Ratification: 1964)

Autre commentaire sur C105

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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 20 August 2023. The Committee requests the Government to provide its comments in this regard.

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 recalls that several provisions of the national legislation can result in the application of custodial sentences (presidio or prisión) – involving compulsory labour under sections 12 and 15 of the Criminal Code and section 64 of the Basic Prison Code – for infringements that could be linked to activities in which persons express political views or views ideologically opposed to the established political, social or economic system, in particular:

The Criminal Code: sections 147 and 148 (offending or showing a lack of respect for the President of the Republic or for a number of public authorities; section 149 (public denigration of the National Assembly, the Supreme Court of Justice, and so forth); sections 222 and 225 (offending the honour, reputation or prestige of a member of the National Assembly or a public servant, or of a judicial or a political body); section 226 (proof of the truth of the facts is not admitted); and sections 442 and 444 (defamation).
The Constitutional Act against hatred, for peaceful coexistence and tolerance (Act No. 41.274 of 8 November 2017): sections 20 and 21 (inciting hatred, real or alleged membership to a determined political group constituting an aggravating circumstance to the infringement).

The Committee notes the Government’s statement in its report that it categorically rejects any allegations of infringements of the right to freedom of expression within its territory and specifies that social movements aimed at expressing political opinions opposed to the established political, social or economic order are not criminalized. It states that Venezuelans can exercise their right to freedom of thought, the free development of their personality and their right to protest in full freedom, as guaranteed by the Constitution. It highlights that the State is nevertheless bound to ensure respect of the rights of others, and that certain limitations to the rights in question are provided for in the legislation for this purpose. It falls to the judge to penalize the conduct prohibited by the legislation and to impose a penalty proportionate to the offence found and the damage caused, as part of a due process. With regard to compulsory labour for persons who receive custodial sentences, the Committee notes that the Government provides detailed information on the possibility of receiving alternative penalties to imprisonment. The Government also adds that, since the entry into force of the Constitution in 1999, no penalty of presidio has been handed down. The Committee notes this information and observes that the Government has not referred to the penalty of prisión, which, like the penalty of presidio, is a custodial sentence including compulsory labour. Furthermore, it once again notes with regret the absence of information from the Government on the use in practice of the national legislative provisions referred to above and the penalties imposed in this context.

In this regard, the Committee notes that, in their joint observations, CODESA, the CTV, FAPUV, CTASI, UNETE and the CUTV underscore the purely normative nature of the information provided by the Government which merely refers to the current criminal procedure without mentioning any measure taken to put an end to the violations of the Convention. The trade union organizations indicate that the criminalization of peaceful social protests and the expression of political views other than those of the party in power has continued, with the Centre for Justice and Peace (CEPAZ) documenting 523 cases of persecution and repression in 2022 alone. The trade union organizations add the many trade unionists and trade union leaders, as well as workers, especially in the public sector, have been arrested, prosecuted and convicted for having organized or participated in protests in defence of their labour rights, particularly for “treason”, “terrorism” and “inciting hatred”. According to the trade union organizations, the above-mentioned laws are used arbitrarily to criminalize legitimate trade union activities and the exercise of the right to freedom of expression and peaceful protest.

The Committee also notes that since its last examination in 2020, several United Nations bodies have expressed their increasing concerns at the allegations of intimidation, reprisal and criminalization of persons who are considered voices dissident to the Government and its programme (annual reports of the Office of the United Nations High Commissioner for Human Rights on the situation in the Bolivarian Republic of Venezuela - A/HRC/53/54, 4 July 2023; A/HRC/50/59, 12 August 2022; and A/HRC/47/55, 16 June 2021; United Nations Special Rapporteurs on freedom of association and peaceful assembly, and on promotion and protection of human rights and fundamental freedoms while countering terrorism – communication reports VEN 4/2022, VEN 9/2021, VEN 7/2021, VEN 5/2020; treaty bodies of the Office of the United Nations High Commissioner for Human Rights and the Universal Periodic Review). The Committee notes in particular that, in its report on terrorism and human rights, the United Nations Secretary-General highlighted that in Venezuela, vaguely formulated criminal offences related to organized crime and terrorism have been used to stigmatize and criminalize civil society and the media (A/76/273, 6 August 2021). It also notes that, in its concluding observations of November 2023, the United Nations Human Rights Committee expressed its concerns about various sources of information referring to serious restrictions to freedom of opinion and expression in the Bolivarian Republic of Venezuela, in particular to political opposition to the Government, such as harassment, intimidation, surveillance, persecution, excessive use of defamation, arbitrary arrest and detention of journalists, human rights defenders and political activists considered critical of the Government and its programme, and recourse to above-mentioned Act No. 41.274 to restrict freedom of expression (CCPR/C/VEN/CO/5, 3 November 2023).

It also notes that, in its report published in September 2023, the independent international fact-finding mission on the Bolivarian Republic of Venezuela indicated that: (i) in at least 58 cases since 2020, people have been arbitrarily detained as part of a selective crackdown on real or alleged opponents of the Government; (ii) trade union leaders continued to be persecuted, with six trade union leaders sentenced on 1 August 2023 to 16 years’ imprisonment for terrorism; (iii) relatives of the main suspects in these cases, particularly women, have been arbitrarily detained on serious charges such as treason and terrorism; and (iv) in several cases, people who received custodial sentences remained in prison even after a judge ordered their immediate release, a trend that disproportionately affects those convicted of opposition to the Government. The independent international mission also indicated that it had reasonable grounds to believe that, in the context of the ongoing humanitarian and economic crisis, the criminal justice system in Venezuela has been used to punish, silence and quash criticism, or real or alleged opposition to the Government, in particular journalists, trade unionists, human rights defenders and political activists, by charging these individuals with arbitrary, and often serious, criminal accusations, based on provisions of the Criminal Code, the Basic Act against organized crime and the financing of terrorism of 2012, and Act No. 41.274 (A/HRC/54/57, 22 September 2023).

Lastly, the Committee notes the decisions and discussions held at the 344th, 345th, 346th and 347th Sessions of the Governing Body (March, June and October–November 2022 and March 2023) on the developments concerning the social dialogue forum that aim to give effect to the recommendations made to the Government by the Commission of Inquiry on the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). It hopes that these developments will also all ensure progress in the application of Convention No. 105.

While welcoming the dialogues under way, particularly in the social dialogue forum, the Committee deplores the continued criminalization of social movements and the expression of views ideologically opposed to the established political, social or economic system, as well as the repeated absence of information from the Government in this regard, which denies the existence of such acts. In the light of the foregoing, the Committee once again strongly urges the Government to take the necessary measures, both in law and practice, to put an immediate end to any violation of the provisions of the Convention by ensuring that no one who, in a peaceful manner, expresses political views or opposes the established political, social or economic system can be sentenced with penalties involving compulsory labour. The Committee once again requests the Government to provide detailed information on the application in practice of the provisions of the Criminal Code, the Basic Act against organized crime and the financing of terrorism, and Act No. 41.274, referred to above, and to specify the number of prosecutions brought on the grounds of these provisions, the nature of the penalties imposed and the acts that led to the legal proceedings or convictions. Lastly, the Committee urges the Government to ensure the immediate release of any person sentenced to imprisonment involving compulsory labour for having, in a peaceful manner, expressed political views or views ideologically opposed to the established political, social or economic system and to provide information on any progress achieved in this matter.

With reference, lastly, to its previous observation, the Committee takes due note of the adoption of the Act on the partial reform of the Basic Code of Military Justice of 17 September 2021, which provides that no civilian may be judged in the ordinary criminal courts and that all cases concerning them must be referred to the ordinary criminal jurisdictions (section 6 of the Act).