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The Commission of Inquiry established by the Governing Body of the International Labor Organization (ILO) for Venezuela presented its report on the complaint filed in 2015 by thirty-three employer delegates at the International Labor Conference (ILC). The report, issued on October 3, 2019, reflects that the Government of Nicolás Maduro, “the workers president,” harasses employers and workers in a context of impunity.

The instance reported, for the first time in Latin America and by virtue of a complaint by employers rather than workers, serious persecution against the Federation of Chambers and Associations of Commerce and Production of Venezuela (Fedecámaras) and its affiliates, in addition to attacks on trade union organizations independent from the regime. In this regard, the complaint demanded the immediate cessation of acts of violence, threats, intimidation and violation of civil liberties in the country.

Likewise, the Commission of Inquiry warned that the Venezuelan government violates Convention No. 87 (Freedom of Association) when it promotes parallel and discriminatory organizations, and impersonation in the activities of employers ‘and workers’ organizations and promotes interference in the relations between employers and workers.

Access to Justice, the Venezuelan justice observatory, recalls that the ILO Commission of Inquiry for Venezuela was formed in June 2018 by three members: Manuel Herrera Carbuccia (Dominican Republic), María Emilia Casas Vaamonde (Spain) and Santiago Pérez del Castillo (Uruguay). The ILO delegation’s investigation included the compilation of written documentation and information, direct interaction with the parties and other actors involved through videoconferences and a visit to the country that took place between July 7 and 13, 2019. Contradictory hearings were also held in Geneva in the evaluation process.

The ILO representation met with officials of the Ministry for Social Work Process, the National Land Institute (INTI), the National Electoral Council (CNE), the Attorney General’s Office and the Procurator’s Office (PGR); among others, with witnesses of the complainants and, finally, with representatives of employers ‘and workers’ organizations. However, several agencies ignored the ILO meeting request. These included the Bolivarian National Intelligence Service (SEBIN), the General Directorate of Military Counterintelligence (DGCIM), the Corps of Scientific, Criminal and Criminal Investigations (CICPC) and the Special Action Forces (FAES).

The ILO Commission of Inquiry urged the Maduro regime to guarantee a climate free of violence, threats, persecution, intimidation or other forms of aggression, in which partners can exercise their legitimate activities, including participation in a true dialogue. In 2018, Fedecámaras asked the ILO to help restore social dialogue and respect international standards to overcome the country’s crisis.

The ILO asked the Government of Maduro not to restrict freedom of association with judicial procedures and precautionary or substitute measures. To implement this would require stopping the practice of submitting civilians to military jurisdiction. It also requires the immediate release of employers or trade unionists who are in prison for the exercise of their legitimate activities, such as Rubén González and Rodney Álvarez.

Access to Justice warns that the false institutionality of the Venezuelan political regime has reached the point where military judges, contrary to what the Constitution says, are appointed by the Executive Power to later judge civilians, as happened with Rubén González who was sentenced to five years in prison

The ILO Commission of Inquiry recommends the establishment of objective, verifiable and fully respectful criteria for freedom of association. The instance emphasizes that the intervention of the CNE must be truly optional and respect the preeminence of union autonomy in electoral processes.

At the same time, the Commission of Inquiry advocates eliminating institutional mechanisms that hinder the autonomy of employers ‘and workers’ organizations. These mechanisms include the Workers’ Productive Councils (CPT). Access to Justice has warned that CPTs were created as collectivist mechanisms that reduce productivity. Productivity is not achieved by taking companies more than half of what they produce for the Government without paying for the merchandise, nor by imposing workers who act as prosecutors against their companies.

The Commission also proposes the establishment of consultation procedures through tripartite dialogue with representative organizations of employers and workers. It also recommends that a review of the decree with rank, value and force of the Organic Law of Labor, Workers and Workers (LOTTT) be submitted to the tripartite consultation. The commission emphasizes that the recommendations given to the Government must be applied, at the latest, on 1 September 2020.

And Venezuelan, how does this affect you?

The report of the ILO Commission of Inquiry on Venezuela reveals that there is no social dialogue in the country and that the regime of Nicolás Maduro, who is assumed as a “worker”, revolutionary and in favor of the people, harasses both employers and workers. In the context of impunity, the regime restricts freedom of association and also the autonomy of the labor sector.

To date, the Executive is in default with ILO standards. Within these standards is the activation of the tripartite consultation on setting the minimum wage. All this is aggravated by the absence of a true rule of law.

