ILO - GB341 - EU Statement: Reply of the Government of the Bolivarian Republic of Venezuela to the report of the Commission of Inquiry

Thank you, Chairperson.

I have the honour to speak on behalf of the European Union and its Member States.

The Candidate Countries Albania*[1] Montenegro* aligns themselves with this statement.

We thank the Office for this paper GB.341/INS/10.

1. The EU and its Member States attach great importance to human rights, including the freedom of association of workers and employers, as well as effective consultation at the national level between public authorities and employers' and workers' organisations to promote the implementation of international labour standards. Recognising the pivotal role played by the ILO in developing, promoting and supervising international labour standards, we give our full support to the Office in their efforts to engage with Venezuela in this regard.
2. We note once again with immense disappointment that the replies of Venezuela presented in the GB document signal an unwillingness to accept the conclusions and recommendations outlined in the Commission of Inquiry report as well as failure by Venezuela to implement the recommendations by specified date of 1 September 2020.
3. We recall the conclusions of the Commission of Inquiry’s report, which identified issues of serious concern, and support all the recommendations identified therein.
4. We note with regret the persistent situation that led to the conclusion of the ILO’s Committee of Experts on the Application of Conventions and Recommendations (CEACR) re-examination. It clearly demonstrates that Venezuela continues to systemically fail in complying with ILO Conventions and gives evidence of a serious lack of cooperation with regard to its obligations. The committee expresses deep concern about the almost total absence of progress as well as the gravity of the allegations of additional violations made in the observations of the social partners.
5. We strongly urge Venezuela to work with the Office to  accept the conclusions and implement the recommendations set out in the Commission of Inquiry Report and take concrete actions and engage in more robust efforts to encourage and sustain inclusive and effective tripartite social dialogue.
6. We note that a number of bilateral meetings with social partners are taking place, however they were limited in both scope and participation, and they do not constitute a social dialogue forum in line with point 4 under paragraph 497 of the Commission of Inquiry’s report. We remain very concerned that, despite GB’s repeated calls for tripartite social dialogue, employers and workers continue to face criminalisation, intimidation and retaliation, including threats, arbitrary detentions and unlawful dismissals, all of them on political grounds. Social dialogue is a recognised and key factor in securing social and economic stability.
7. Chair, after the disappointment of not reaching a consensual decision point last November, we are again confronted today with the need to find the best way forward. It is vital we find a constructive way forward during this GB and we are ready to engage with all the constituents.
8. We support the Director General in his efforts to make this possible and encourage his continuous endeavours to ensure implementation of the recommendations. We call for full and continuous attention of the ILO and its supervisory system in order to develop robust and effective measures that can bring about compliance in law and in practice.
9. Given the importance of the issue, we support the inclusion of the item on the agenda of its 343rd Session (November 2021), which would consider all possible measures required, including all those provided for in the ILO constitution, to ensure Venezuela’s compliance with the recommendations of the Commission of Inquiry.
10. Having in mind also the urgency of this discussion, we support the request to the Director General to present an interim report on the progress made on the implementation of the recommendations by the end of May this year and inform Venezuela that the GB has decided to consider taking all possible measures aimed at the implementation of the recommendations. We also once again urge Venezuela to establish and convene, with the support of the Office, before June 2021, a social dialogue forum in line with point 4 paragraph 497 of the Commission of Inquiry’s report.
11. We are ready to engage with all constituents in finding the best way forward.

Thank you, Chair.

* Albania continues to be part of the Stabilisation and Association Process.