Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 330, Mars 2003

Effect given to the recommendations of the Committee and the Governing Body

1. 165. At its November 2001 meeting, the Committee submitted a number of legislative questions to the Committee of Experts and also made the following recommendations [see 326th Report, para. 517]:
   • The Committee once again strongly urges the Government to put an end to the functions of the National Electoral Council as it is established in the National Constitution and to repeal the Special Statute on the renewal of trade union leadership. The Committee requests the Government to keep it informed of any steps taken in this regard. Moreover, if this Statute has been applied from the date of its promulgation to that of the examination of this case, the Committee urges the Government to take steps to ensure that the trade unions which so wish may hold new elections governed by the provisions of their by-laws and without any interference whatsoever by the authorities or by bodies that have nothing to do with workers’ organizations.
2. 166. In communications of 15 November 2001 and 1 March and 22 October 2002, the Venezuelan Workers’ Confederation (CTV) indicated that the authorities, and in particular the President of the Republic, deny that the CTV is the most representative organization. It also alleges that the authorities have made statements to the media interfering in the electoral process of the CTV discrediting it, as well as criticizing its president. The CTV sent press cuttings in support of its claims to demonstrate the hostility directed against it. The CTV also refers to the fact that the authorities are promoting a parallel confederation loyal to the government party. It adds that in January 2002 the workers of the Trade Union of Workers of the Construction Industry of Caracas, Vargas and the State of Miranda, while participating in a demonstration, were mercilessly repressed by order of the Mayor’s Office of Municipio Libertador on 17 January 2002; 12 workers were injured by the municipal police force – five were shot, four were attacked by dogs and three were beaten. The mayor of the municipality also ordered a construction company to stop contracting trade union members, describing unemployment as one of the “advantages” of trade union membership. Furthermore, the Minister of Labour did not invite the CTV to the tripartite committee (discussion on the minimum wage) and more recently it was not consulted about a draft bill relating to conflict resolution in the event of economic crisis (mass dismissals).
3. 167. In its communication of 15 July 2002, the ICFTU states that on the afternoon of 11 July, following a mass march which peacefully and democratically called for the necessary changes to be made to overcome the current political, economic and social crisis affecting Venezuela, a group of approximately 100 motorized individuals, politically identified with the Government, aggressively and violently stormed the area surrounding the headquarters of the CTV, yelling threats and throwing dangerous objects and homemade explosives at the premises, even firing guns, resulting in extensive damage to the lower floor of the building. A number of witnesses, including trade union officials, journalists and other people using the building, confirmed this allegation, which was corroborated by Commissioner Miguel Mora, chief of the Andrés Bello municipal police station. The ICFTU considers that the aggression directed at the CTV’s premises is just one of a number of occurrences that confirm an ongoing anti-union climate upheld by the Government and its forces. Despite the fact that there were no victims, this attack could have injured dozens of people who were working in the building.
4. 168. With its communication of 18 February 2002, the Government sent a long communication on the trade union election procedure and the results of the electoral process, with 2,850 trade union organizations having concluded the procedure to date. It referred to a number of specific irregularities adding that 1,180 collective agreements have been concluded with the mediation of the Ministry of Labour. It included press cuttings to show that members of the CTV were satisfied with the results of the elections.
5. 169. In an extensive communication dated 4 November 2002, the Government states that the CTV is the most representative trade union organization and it is untrue that the authorities do not recognize this organization as the legitimate representative of its affiliated workers. The problem is of another kind; more specifically, it is an intra-union problem as those who proclaimed themselves the legitimate and legally elected members are being challenged by other candidates who participated in the electoral process, and in this respect challenges remain that have yet to be decided. Complaints and civil procedures, administrative and penal disputes have been brought by these trade unions and by first and second level organizations, particularly for the violation of the applicable regulations and the trade union by?laws approved by the CTV. Consequently, the Government cannot say which are the legitimate and legal representatives, or it could be accused of interference and favouritism. The self-proclaimed members of the executive committee of the CTV (including the self-proclaimed president) have undertaken actions contrary to the rule of law and to democracy and they had a high level of involvement and responsibility in the coup d’état of 11 April 2002 and continue to carry out conspiratorial activities, even supporting a military uprising to destabilize the democracy and interfere with human rights. The Government denies that it is developing an anti-union policy against the CTV and indicates that the CTV’s allegations (hostile treatment, refusal to recognize its officials and promoting the creation of a parallel confederation) reveal the response of the Venezuelan people to the abovementioned attitude of its self-proclaimed officials. The allegation that the President of the Republic is promoting a workers’ confederation loyal to his party is absolutely false and lacking in any proof. The President has in fact met with a number of organizations (including some affiliated to the CTV), currents and social movements at the request of these sectors, which consider that the self-proclaimed officials of the CTV lack legitimacy, and they have sought to promote a process of social dialogue and have asked for clean and transparent elections for the executive committee of the CTV. The Government responded that it cannot and must not interfere in electoral processes by reason of the Constitution.
6. 170. As to the allegation that the CTV was not consulted concerning a draft bill, the Government says that through the media it convened all interested persons and workers’ and employers’ organizations and that subsequently consultations were held with the organizations that took the initiative to participate; for example, employers’ organizations such as FEDECAMARAS submitted their observations. A meeting was also convened for interested trade union organizations to participate in. It is therefore untrue that the CTV was not invited or that it was prevented from participating in this process; the self?proclaimed president of the CTV refused to participate or neglected to do so and the Government invites him to take an active role in the social and trade union dialogue that is under way in the country.
7. 171. With regard to its previous recommendation concerning the need to put an end to the functions of the National Electoral Council (CNE) in respect of trade union elections, the Committee deplores the fact that the Government has not sent any observations in this connection. The Committee observes that the Committee of Experts on the Application of Conventions and Recommendations referred to this matter at its December 2002 meeting in an observation that is reproduced below:
   • Article 293 and the eighth transitional provision, which provide that the Electoral Authority (the National Electoral Council) is responsible for organizing the elections of occupational unions and that, pending promulgation of the new electoral laws provided for in the Constitution, electoral process will be convened, organized, managed and supervised by the National Electoral Council. In this respect, the Committee notes the Government’s statements that: (i) the draft Bill to amend the Organic Labour Act proposes an amendment to section 433, which provides that trade union organizations may request the cooperation of the Electoral Authority for the holding of elections to their executive bodies; (ii) once this provision has received parliamentary approval, it will repeal the Special Transitional Rules for the renewal of trade union leadership; and (iii) the eighth transitional provision of the Constitution of the Republic is no longer in force and is not therefore applicable. Notwithstanding the Government’s observations, the Committee considers that it should amend article 293 of the Constitution of the Republic to remove from paragraph 6 the power entrusted to the Electoral Authority, through the National Electoral Council, to organize the elections of trade unions, and it requests the Government to provide information in its next report on any measure adopted in this respect. The Committee also notes that the direct contacts mission expressed its concern with regard to the draft Electoral Bill, which maintains the intervention of the National Electoral Council in trade union matters. In this regard, the Committee notes that on 30 October 2002 approval was given to the Organic Act respecting the Electoral Authority, which contains provisions that are not in conformity with the Convention (for example section 33, which makes the National Council competent for organizing trade union elections, proclaiming the elected candidates, monitoring elections and declaring them null and void, hearing and resolving appeals and investigating complaints). The Committee once again reminds the Government that the regulation of trade union election procedures and arrangements must be done by trade union statutes and not by a body outside the workers’ organizations. In these conditions, the Committee requests the Government to take measures to amend article 293 of the Constitution of the Republic and the Organic Act respecting the Electoral Authority, which provides for its intervention in the elections of workers’ organizations, and to provide information in its next report on any measures adopted in this respect.
8. 172. The Committee fully shares the point of view expressed by the Committee of Experts and urges the Government to amend article 293 of the Constitution and the Organic Act respecting the Electoral Authority as indicated.
9. 173. As regards the alleged support of a parallel trade union confederation by the authorities, the alleged interference by the authorities in the electoral process of the CTV, and the discrediting of the CTV and its president by means of hostile statements made by the President of the Republic to the media, the Committee notes the Government’s statements in which it emphatically denies that the authorities are promoting a parallel trade union confederation, that it refuses to recognize the representativity of the CTV and that it has interfered in the electoral process, and indicating that the electoral process of the CTV and its self-proclaimed leaders has been contested before the competent authorities by other trade union organizations and their representatives. The Committee nevertheless emphasizes that the numerous press cuttings sent by the CTV show that the members of the executive committee of the CTV were insulted and discredited by the authorities, and it consequently urges the Government to take measures to ensure that the authorities refrain from making intimidating statements to the CTV. Furthermore, concerning the challenges to the CTV’s electoral process, the Committee stresses that the authorities must not deprive the members of the executive committee of the CTV of legitimacy in the absence of a pronouncement by the judicial authority nullifying the elections. Indeed, the Committee has pointed out on previous occasions that in order to avoid the danger of serious limitation on the right of workers to elect their representatives in full freedom, complaints brought before labour courts by an administrative authority challenging the results of trade union elections should not – pending the final outcome of the judicial proceedings – have the effect of suspending the validity of such elections [see Digest of decisions and principles of the Freedom of Association Committee, 1996, para. 404]. The Committee therefore asks the Government to recognize the executive committee of the CTV.
10. 174. As to the alleged lack of consultation of the CTV concerning a draft bill, the Committee notes that the Government invited generally through the press, all trade union organizations to participate in consultations and that the CTV failed to attend, nor did it present any observations in writing. The Committee observes that the Government has not referred to a similar allegation relating to its failure to invite the CTV to the tripartite committee to discuss the minimum wage. The Committee wishes to emphasize that the most representative confederation at the national level cannot be treated as if it were just another trade union organization and that in cases such as those alleged it should have been invited directly, formally and individually, and not through the press, to participate in the process. The Committee asks the Government in future to duly respect and consult it on all draft bills relating to labour issues and to abide by its status as the most representative trade union confederation.
11. 175. In this respect the Committee stresses that the most representative employers’ and workers’ organizations, and in particular the confederations, should be consulted at length by the authorities on matters of mutual interest, including everything relating to the preparation and application of legislation concerning matters relating to them and to the fixing of minimum wages; this would contribute to legislation, programmes and measures that the public authorities have to adopt or apply being more solidly founded and to greater compliance and better implementation. This being the case, the Government should, as far as possible, also base itself on the consensus of workers’ and employers’ organizations, which should share the responsibility for achieving well-being and prosperity for the community in general. This is particularly true in light of the growing complexity of problems facing societies, and also, of course, facing the people of Venezuela. No public authority should claim to hold all knowledge nor presume that what it proposes will always and entirely satisfy the objectives in any given situation. The Committee requests the Government to apply these principles in future.
12. 176. Lastly, the Committee observes with concern, and deplores the fact, that the Government has not responded to the serious allegations of anti-union violence submitted by the ICFTU in its communication of 15 July 2002 nor to the allegations by the CTV concerning acts of violence against members of the Trade Union of Workers of the Construction Industry of Caracas, Vargas and the State of Miranda and against the CTV. The Committee urges the Government to send its observations in this respect without delay and immediately to carry out an urgent investigation into these allegations.