domingo, abril 02, 2006
Noam Chomsky vs. Otto Reich: Smackdown!
Rather, the BBC interviewed both Chomsky and Reich on their views concerning the popular movements sweeping Latin America and what they mean for the U.S. I wish BBC had asked more interesting questions, but still, it's worth a read -- if only to witness Reich's astounding double-speak:
This doesn't mean the US influences government decisions [in Latin American nations]. Washington has always consulted its partners in Latin America, without dictating anything. . . . So what the US wants is a peaceful and prosperous Latin America. This has been the aim of US foreign policy in the last 25 years.
And I've got a nice bridge to sell you. Any takers?
================
Viewpoints: US-Latin America relations
Left-leaning leaders are in government in six Latin American countries - and more could follow after elections this year. But has this new political map affected relations with Washington?
BBCMundo.com asked two US experts for their views: the US academic Noam Chomsky and Otto Reich, former assistant secretary of state for the Western hemisphere and adviser to President George Bush.
Do left-wing leaders, such Bolivia's Evo Morales, represent a challenge for the US?
NOAM CHOMSKY
It is an extremely serious challenge. From Venezuela to Argentina the region is falling out of US control, moving toward independent policies and economic integration, beginning to reverse patterns of dependence on foreign powers and isolation from one another that go back to the Spanish conquests.
Morales' election reflects the entry of the indigenous population into the political arena throughout the continent. Along with other popular forces, indigenous people are demanding control over their own resources, a serious threat to Washington's plans to rely on resources from the Western hemisphere, particularly energy.
OTTO REICH
It depends on the policies that each Latin American leader is implementing. Three years ago, when President Luiz Inacio Lula da Silva was elected in Brazil, many analysts warned that it would be difficult for the US to work with him because of his leftist background.
However, Washington has a very constructive relationship with President Lula. The difference between Lula and Venezuela's Hugo Chavez, is that Lula is more focused on solving the problems of his own people, whereas Chavez is intervening in other country's affairs.
Is the US an almighty empire that dictates the region's political and financial fate, as many Latin Americans believe?
NOAM CHOMSKY
The US was never 'all powerful' and is now less so. Nevertheless, it still dominates the continent, and in fact the world, certainly in military power. However, with the evolution of a tripolar economic order in recent decades (North America, Europe, North-East Asia with growing links to the rest of Asia), and the changes in the South, US economic dominance is nowhere near what it once was, and is in fact rather fragile.
A serious look at this question would, however, require a closer analysis of what we mean by 'United States'. If we mean its population, then dominance is much less. If we mean the effective owners of the country, the corporate system, the picture is different. Thus the famous 'trade deficit' of the US shrinks if we consider imports from US multinationals and their subsidiaries abroad to be US exports.
OTTO REICH
The US is the most important buyer of Latin American products - it purchases 50% of the region's exports. In general terms, the US is also Latin America's main source of technology and investments, and in some cases of education and scientific development. This doesn't mean the US influences government decisions. Washington has always consulted its partners in Latin America, without dictating anything.
The world has changed. The US has its own national problems - some of them serious - as well as global challenges such as terrorism and nuclear proliferation. So what the US wants is a peaceful and prosperous Latin America. This has been the aim of US foreign policy in the last 25 years.
Will Latin America be less of a priority in the future because of Washington's focus on the Middle East?
NOAM CHOMSKY
I suspect that Latin America will be a very high priority. As long as Latin America is quiet and obedient, the US has appeared to ignore it. I say appeared, because in reality its subordination was just taken for granted and policies were designed accordingly. That stance of apparent neglect has always changed rapidly whenever there have been signs of independence.
Defiance is intolerable in itself, but even more so when, as in the case of Cuba, it is feared that successful independent development might be a 'contagious example' that would 'infect' others, to borrow Kissinger's terms referring to Allende's Chile. And as noted, Washington planners have assumed that they will be able to rely on Latin America's rich resources, primarily energy. Control over them is not likely to be relinquished with equanimity, to put it mildly.
OTTO REICH
There is an impression - more in Latin America than in the US - that Washington does not pay attention to the region anymore. Of course the US government is now focusing on the crisis it is currently facing, on the threats to international security. This doesn't mean that President Bush has forgotten Latin America - he is very interested in the region.
I believe, however, that Latin America should be more helpful. It should stop complaining that the US doesn't do this or that. Latin Americans should focus on their own difficulties. They can't continue ignoring threats to democracy such as Cuba and Venezuela. They should not expect the US to solve all their problems, as some regional leaders would like to see happen.
Is trade the most important tool the US has in its dealings with Latin America?
NOAM CHOMSKY
The mechanisms developed and imposed by the US and its allies are not 'free trade agreements'. They are a mixture of liberalisation and protectionism designed - not surprisingly - in the interests of their designers: multinational corporations and the states that serve as their 'tools and tyrants'. The agreements guarantee expansive monopoly pricing rights. They also deprive developing countries of the mechanisms employed by all the rich industrial societies to reach their present state.
What is called 'trade' is in part an economic fiction, including vast intrafirm transfers within highly-planned economies. In the North American Free Trade Agreement, for example, the only accurate words are 'North American'. The efficacy of such mechanisms, however, depends ultimately on public acceptance. And, as recent developments in Latin America clearly reveal, that is far from assured.
OTTO REICH
The US has realised that the best way for countries to achieve political stability and economic development is through free trade agreements and by giving more freedom, internally, to companies and promoting employment. That's why the US has been supporting trade deals across Latin America. It has already signed accords with most of the countries of the region, and only a few are opposing them now - chiefly Venezuela and Argentina.
At the latest Summit of the Americas, Mexico's President Vicente Fox said that 29 out of 34 countries favoured the creation of the Free Trade Agreement of the Americas and that they shouldn't allow a minority to ruin the project. President Chavez subsequently insulted President Fox, sparking a bilateral crisis. Aggressions don't come from countries that favour free trade - they come from nations such as Venezuela, whose government is failing.
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/americas/4813378.stm
Published: 2006/03/30 15:12:35 GMT
Lea mas / Read more!
sábado, abril 01, 2006
Report: Luis Primo (Venezuelan UNT) in San Jose, CA
-bugs
Luis Primo (Venezuelan UNT) in San Jose, CA
By U.S. Hands Off Venezuela
Tuesday, 28 March 2006

On Saturday March 25, more than 60 workers and activists attended the second to last event of the Hands Off Venezuela West Coast tour. Luis Primo spoke at the SEIU Local 715 hall in San Jose, sponsored by the SEIU Latino Caucus, the Women’s International League for Peace, South Bay Mobilization and Hands off Venezuela.
The event began with the screening of “Venezuela Bolivariana”, followed by a speech on the labor history of Venezuela by Luis Primo.
Primo spoke on the history of the CTV, the Venezuelan trade union struggle in general and the formation of the UNT. The audience was very excited when Primo explained how workers came together and took control of the state oil company PDVSA during the bosses lock out. A strong emphasis during his speech was the need for worker’s participatory democracy not only in Venezuela but also in the United States.

After speaking on Venezuela, Primo addressed the events unfolding here in the United States. He stressed the need to broaden the immigrant and anti-war movements and link them with other struggles. A discussion followed, during which the topic of workers' democratic participation was the most popular. Here again, Primo stressed the need to link all struggles to further the consciousness of working people in the US and around the world.
Thanks to everyone who made this successful event possible.
Lea mas / Read more!
jueves, marzo 23, 2006
El Charcote ranch will be ceded to the state
And the fearmongers who were shouting that the land redistribution progam would lead straight to fascism ... are suddenly nowhere to be found.
Lea mas / Read more!
sábado, marzo 11, 2006
Indigenismo, Anti-Imperialism, Feminism & Elections
DATE: Friday, March 17, 2006
TIME: 6:00pm (dinner); 6:30pm (panel & discussion)
PLACE: 3781 Broadway (north of Macarthur Blvd in Oakland)
Applied Research Center (ARC) http://www.arc.org/
COST: Free. Donations accepted to cover costs.
The following panelists will precede an open discussion about both the movements' experiences in Latin America and what this means for what we should be doing in the United States:
Mari Rose Taruc (staff at APEN),
Peter Miguel Camejo (Green Party Candidate for Governor), and
Mateo Nube (Los Nadies).
Mari Rose recently traveled as part of the Grassroots Global Justice delegation to attend the World Social Forum in Caracas, Venezuela, and hear President Hugo Chavez speak.
Peter has been closely following the rise of the left in Venezuela since before the Bolivarian Revolution and also attended the most recent World Social Forum.
Mateo and his family were in Bolivia, where he grew up, to participate in the inauguration of Evo Morales on January 22 of this year.
Sponsored by: Bay Area Solidarity (http://www.solidarity-us.org/)
Endorsed by: The Venezuela Solidarity Group & SOUL (http://schoolofunityandliberation.org/)
Childcare provided if requested by noon on Wednesday, March 15. All RSVP’s appreciated to simcha3@msn.com so we can be sure to order enough food.
Lea mas / Read more!
martes, febrero 28, 2006
Larkspur, CA: Bay Area activists visit the Bolivarian Republic
Wednesday, March 8, 7:30pm
The Redwoods Presbyterian Church, 110 Magnolia Ave
Larkspur, California
- Roger Harris photographed the January 2006 MITF 30-member delegation to Venezuela. Roger's visuals illustrate the group's trips to barrios to observe the implementation of literacy, health care, nutrition and social programs; excursions to rural areas to see the achievements of recent land reform; visits with government officials to hear about goals of the administration; meetings with human rights organizations to learn of their concerns; and experiences at the Social Forum of the Americas held in Caracas.
- Susan Scott of the National Lawyers Guild will describe their conversations with representatives of Sumate, a rightwing NGO, and the ongoing legal controversies surrounding that organization's funding by the U.S. government.
- Laura Wells, Green Party candidate for state controller, will comment on her meeting with the CNE (National Electoral Council) and what she learned about Venezuela's "participatory democracy."
- Camilla Schneider will discuss the role of women in the Bolivarian Revolution.
- Dale Sorensen, MITF Director, just back from the Venezuela Solidarity Conference in Washington DC, will discuss the growing solidarity movement and actions you can take to offset the U.S. government's increasing financial support of opposition groups as a means to subvert the re-election of President Chavez in November.
REFRESHMENTS
WHEELCHAIR ACCESSIBLE
$5-10 donation requested
No one turned away for lack of funds
Info: 415/924-3227
mitf@igc.org
mitfamericas.org
Lea mas / Read more!
domingo, febrero 26, 2006
Tour Calendar for Luis Primo (UNT) West Coast Tour
Wednesday, 22 February 2006
Confirmed Cities / Dates for the West Coast Tour of Venezuelan Trade Union Leader Luis Primo (Coordinator for the UNT)
This is an initial announcement with the following confirmed dates and locations. Further details, times, places, sponsors, and downloadable flyers to follow. For more information or to endorse this important tour, please call 415-786-1680 or email sfbay@ushov.org.
· Saturday, March 18: San Francisco, CA
Afternoon event: Luis Primo will be speaking at the anti-war demo.
· Sunday, March 19: Portland, OR
7:00 pm: Carpenters Union Hall
(2215 N. Lombard St. in Portland)
· Monday, March 20: Olympia, WA
Afternoon event: time and place to be announced.
· Monday, March 20: Seattle, WA
Evening event: time and place to be announced.
· Tuesday, March 21: Vancouver, BC
Evening event: time and place to be announced.
· Wednesday, March 22: Berkeley, CA
1:00 to 3:00 pm: University of California Berkeley, meeting room to be announced.
· Thursday, March 23: Tucson, AZ
6 pm: Venezuela Teach-in and Potluck at First Christian Church (Euclid and Speedway)
· Saturday, March 25: San Jose, CA
12:00 noon: screening of "Venezuela Bolivariana"
1:30 pm: Luis Primo speaks
Both events to be held at SEIU 715 Hall (2302 Zanker Rd. in San Jose)
· Saturday, March 25: San Francisco, CA
7:00 pm: ILWU Local 34 Hall
(4 Berry St. in San Francisco - located next door to SBC Park. Take MUNI N line toward SBC Park)
Luis Primo is a member of the Expanded National Coordinating Committee of the UNT, and Regional UNT Coordinator for Caracas-Miranda. He was also General Secretary of the Caracas Metro Workers' Union (SINTRAMECA) from 1990 to 1997.
His visit is the first major West Coast tour of a leader of the Venezuelan UNT. We hope it will be the first of many exchanges between Venezuelan and American trade unionists. To make this possible, the Hands Off Venezuela Campaign has launched a fund raising drive to cover the many expenses of the tour. Donations of any amount are greatly appreciated and can be sent to:
HOV
4579 18th St.
San Francisco, CA 94114
Donations can also be made online by clicking here.
Volunteers are also needed to help organize and prepare for these events. Contact us if you are able help out in any way. Letters of support or endorsements of the tour are also appreciated and can be sent to sfbay@ushov.org.
Partial List of Endorsers
· Dolores Huerta
· San Francisco Labor Council (AFL-CIO)
· South Bay Labor Council (AFL-CIO)
· Contra Costa Central Labor Council (AFL-CIO)
· Vanguard Public Foundation
· San Francisco Bay View National Black Newspaper
· Alan Benjamin, Executive Board, SF Labor Council, Co-coordinator Open World Conference
· Fred Hirsch, Vice President of Plumbers and Fitters Local 393, San Jose, California
· Gloria LaRiva, President, Local 39521 Media Workers Sector/CWA*
· Louie Rocha, President, CWA, Local 9423*
· Global Exchange
· Chris Gilbert and Karen Bennett, MATRIX Program*, UC Berkeley Art Museum*
· Dorinda Moreno, Hitec Aztec Communications, Santa Maria, CA. Cesar Chavez Lifetime Achievement Legacy Award, 2003
· National Network on Cuba
· Network of Bay Area Worker Cooperatives
· Todd Chretien, Green Party candidate for U.S. Senate, California
· Peace and Freedom Party
· International Socialist Organization
· Roland Sheppard, Retired Business Agent, International Brotherhood of Painters and Allied Trades, Local 4
· Labor Video Project
· Socialist Action
· ANSWER (Act Now to Stop War & End Racism) Coalition
· Workers International League (WIL)
· Youth for International Socialism (YFIS)
· Louise Auerhahn, Member, South Bay Mobilization*
· Socialist Organizer
· International Liaison Committee (ILC)
· Wellred Books
* For identification purposes only
For more information, please call 415-786-1680 or email sfbay@ushov.org
www.handsoffvenezuela.org www.ushov.org
Lea mas / Read more!
martes, febrero 21, 2006
Venezuelan union leader on U.S speaking tour
Luis Primo, a leader in Venezuela's new leftist union movement, will be coming to the U.S. to speak in cities up and down the West Coast. Don't miss this chance to hear a firsthand account of the new workers' movement in Venezuela!If you're in the Bay Area, come hear him at an event I'm putting together on March 25th (below). If you're elsewhere in the western U.S., check Hands Off Venezuela for talks in other cities. (HOV could also use some assistance for the tour.)
And if you're not in any of those places, check out this recent interview of Primo by a Marxist labor journal. It's in Spanish, but I'm working on a translation -- I'll post it when complete.
=======================================
Saturday, March 25th
The Venezuelan People and the Bolivarian Revolution
SEIU 715 Hall
2302 Zanker Rd.
San José, CA, USA
12 noon: Film Screening
“Venezuela Bolivariana:
People and Struggle of the 4th World War”
This documentary by Marcelo Andrade examines the Venezuelan Revolution as connected to the worldwide movement against capitalist globalization. Find out how the Bolivarian Revolution, thanks to its grassroots and networking power, transcends the national frontiers of Venezuela and contributes with concrete alternatives in the fight against neoliberal capitalism.
1:30 pm: Special Guest Speaker
Venezuelan Trade Unionist
*** Luis Primo ***
Regional Coordinator, National Union of Workers / Unión Nacional de Trabajadores (UNT)
Currently, Primo is a Regional Coordinator for the UNT (Caracas-Miranda). He is also responsible for Trade Union/Political Education for the UNT on the national level. His other UNT assignment is working with the Ministry of Labor on the Committee on the Recovered Factories. He is the former president of the Caracas metro workers union. Primo will also be running for the National Leadership of the UNT at its upcoming congress this spring.
Refreshments provided • $5-$15 donation, no one turned away • Wheelchair accessible
Sponsored by:
Hands Off Venezuela
SEIU Local 715 Latino Caucus (email)
WILPF San Jose Branch
South Bay Mobilization
For more information: email bugsblog@yahoo.com
Lea mas / Read more!
lunes, febrero 20, 2006
Help Bring Venezuelan Trade Union Leader to San Francisco
-bugs
==========================
February 11, 2006
Dear Friend:
The Hands Off Venezuela campaign (HOV) is an organization of groups and individuals who support the right of the people of Venezuela to self-determination and oppose any intervention by the United States against the democratically elected government of Venezuela. It looks like the U.S. government is on a collision course with Hugo Chavez, arguably the most popular president in Latin America.
However, we cannot stop U.S. intervention by words alone, but only by the action of the people of the United States, and they cannot take action without knowledge. That is why we are calling on all freedom-loving people in the U.S. to help us bring the truth about Venezuela to this country by bringing here one of its most important trade union leaders, Luis Primo.
Luis Primo, a member of the Venezuelan National Union of Workers (UNT) will be in the U.S. to speak between March 18 and 25. He will speaking at the antiwar rally in San Francisco on March 18. On Saturday, March 25 he will be speaking at a public meeting at the International Longshore and Warehouse Union (ILWU) Local 34 Hall, which is on the Embarcadero, next to the SBC Ballpark.
Currently, Primo is a Regional Coordinator for the UNT (Caracas-Miranda). He is also responsible for Trade Union/Political Education for the UNT on the national level. His other UNT assignment is working with the Ministry of Labor on the Committee on the Recovered Factories. He is the former president of the Caracas metro workers union. Primo will also be running for the National Leadership of the UNT at its upcoming congress this spring.
Your help is needed now! In order to bring Luis Primo here, we will have to pay for his travel expenses and living expenses while he is here, so we are in need of your financial help.
Please help us stop the U.S. intervention in the internal affairs of Venezuela. Send us your donation of $100, $15, $10, or whatever you can. Checks should be made payable to Hands Off Venezuela. If you prefer to use a credit card, you can make a donation using PayPal at http://www.ushov.org/donate.html.
We thank you for your support in this struggle.
Sincerely,
For HOV
Gerry Foley
Cristina Gutierrez
Hands Off Venezuela
San Francisco Bay
4579-18th Street
San Francisco, CA 94114
Email: sfbay@ushov.org
Phone: 415-864-3537
Partial List of Endorsers
Dolores Huerta
San Francisco Labor Council (AFL-CIO)
South Bay Labor Council (AFL-CIO)
Vanguard Public Foundation
San Francisco Bay View National Black Newspaper
Alan Benjamin, Executive Board, SF Labor Council, Co-coordinator Open World Conference
Fred Hirsch, Vice President of Plumbers and Fitters Local 393, San Jose California
Gloria LaRiva, President, Local 39521 Media Workers Sector/CWA*
Louie Rocha, President CWA Local 9423*
Global Exchange
Chris Gilbert and Karen Bennett, MATRIX Program*, UC Berkeley Art Museum*
*for identification purposes only
Lea mas / Read more!
sábado, febrero 18, 2006
San Mateo, CA: "Reality Tour of Venezuela" next Thursday
===================================
Reality Tour of Venezuela

Thursday, February 23
7:15 PM
San Mateo Unitarian Universalists
300 E. Santa Inez, San Mateo
California, U.S.
Peace Action of San Mateo County presents a report-back by local activists Ernie Goitein and his wife Claire Feder, following a Global Exchange "Reality Tour" to Venezuela.
Ernie and Claire will recount their trip with words and pictures, and will also show the DVD "The Revolution Will Not be Televised," which chronicles the changes and the progress in this oil-rich but independent nation. The two will provide a sense of how Venezuela's government works, including its programs for education, health care, agricultural cooperatives, and the petroleum industry. The presentation will also cover the unsuccessful coup against the Chavez government, and the efforts of the opposition media to undermine it. And it will touch upon the spirit of the people there.
Admission is free. The UU is wheelchair accessible. For more information, contact Rob Zucker at rzuck5@earthlink.net.
Lea mas / Read more!
lunes, febrero 13, 2006
Event: SF Bay View editor reports on journey to World Social Forum
--bugs
=========================================
CC Campbell-Rock: 'Venezuelans are getting their 40 acres and a mule, and more'
CC Campbell-Rock, the new editor of the San Francisco Bay View newspaper, has just returned from Venezuela. Read her article, 'Venezuelans are getting their 40 acres and a mule, and more' at www.sfbayview.com/020806/eyewitness020806.shtml. Hear her report back as an eyewitness to the Bolivarian Revolution.
Friday, February 24th, 7PM
Centro Del Pueblo
474 Valencia Street
(near 16th Street one block west of 16th & Mission Bart Station)
San Francisco
She attended last week's World Social Forum and toured the Venezuelan countryside, with other delegates from Global Women's Strike, to meet the grassroots revolutionary leaders who are making the kind of miracles in education, health, housing, economic development, etc., that could revive and transform the inner cities of the United States. Prior to working for the SF Bay View, CC was a prominent pre-KATRINA journalist and activist in New Orleans.
This meeting is jointly sponsored by the San Francisco Bay Area Hands Off Venezuela! committee and the San Francisco Bay View.
San Francisco Bay View
(www.sfbayview.com)
San Francisco Bay Area Hands Off Venezuela!
sfbay@ushov.org 415-786-1680
Donation $5.00 (Students, unemployed, and Seniors $3.00)
=========================================
Lea mas / Read more!
miércoles, febrero 08, 2006
More than "tit-for-tat"
Most U.S. papers are portraying the incidents as "tit-for-tat," implying that the U.S. response was equal to (and provoked by) Venezuela's initial action -- and more subtly, that Venezuela and Chavez are to blame for the escalating tensions. But they gloss over two key facts:
1) The U.S. attache, John Correa, was expelled over accusations of espionage. We don't know if the accusations are true, but considering he was in Venezuela as part of the U.S. military mission, even suspected spying is a pretty good reason to kick him out, no?
On the other hand, the Venezuelan diplomat Jeny Figueredo is not accused of anything; personally, she has done nothing to warrant expulsion. Even the Seattle Times acknowledged that "[Figueredo's] expulsion carried no allegation of improper behavior, in contrast to Venezuela's accusation that Correa was in league with some Venezuelan military officers and helped to pass state secrets to the Pentagon."
2) Even putting aside the motivations, the U.S. action was not "equal and opposite". Correa is merely a naval attache. Figueredo is the chief of staff at the Venezuelan embassy in Washington, making her the embassy's second-highest ranking staffer. The non-partisan Council on Hemispheric Affairs (COHA) describes the situation well:
With the State Department's unwarranted recent expulsion of Venezuelan diplomat Jeny Figueredo from her post as second-in-command of that country's Washington's embassy, Washington's actions lacked all proportionality and broke with diplomatic convention that, under normal circumstances, if one nation is expelling a person on the resident diplomatic list of that country, one should closely match it only with a person of comparable rank and station, as a candidate for retaliation. In this instance, the State Department decided to make its harsh point by choosing to expel the second highest ranking diplomat at the Venezuelan embassy in Washington.
COHA's piece goes on to discuss the case of Maria Corina Machado, emphasizing once again that accepting money from a foreign government for domestic political activities is simply illegal:
While Washington is attempting to portray the Sumate trial as a case of a political vendetta by an authoritarian government against a bona fide democratic leader, the truth is that the established norm in many countries -- including in the U.S. -- is that locally-based political groups are forbidden from accepting financial contributions from foreign sources for election purposes.
. . .
The case against Plaz and Machado seems to be clear cut: Venezuela's Ley de Partidos Politicos, Reuniones Publicos y Manifestaciones (Political Party Law), which dates to 1965 contains the clause in Article 25 that parties "may not accept donations or subsidies...from foreign companies...or from foreign governments or organizations." Caracas authorities claimed, then, that the organization's acceptance and administration of a $31,000 grant from the NED was precisely that, and that Sumate's behavior in the 2004 referendum -- actions which were funded by the grant -- constituted political organizing rather than non-partisan "democracy promotion."
. . .
[W]hat Machado and Plaz admit that they have done would have been met with comparably raised legal eyebrows in the U.S., where the Federal Electoral Code expressly prohibits donations to U.S. campaigns from foreign nationals or governments. It was precisely this prohibition which was a central part of the 1997 John Huang scandal when the Democratic fundraiser was accused of funneling donations from Chinese authorities wanting favors to Democratic Party officials. Yet somehow Washington believes that similar restrictions under Venezuelan law lack comparable validity or application.[Washington believing it should be exempt from the laws that apply to everyone else -- hmm, does that sound familiar?]
The U.S. seems to be doing more and more lately to provoke Chavez. Personally, my opinion is that he should refuse to take the bait. Respond by focusing on serving the people of Venezuela, and reaching out to the peoples of the rest of the world, including the U.S. - that, not more name-calling, sounds like the way to win hearts and minds.
Lea mas / Read more!
lunes, febrero 06, 2006
CSM on USAID's "democracy promotion" funds
Sumate's NED money is small change compared to the millions of dollars given to Venezuelan groups by a little-known branch of the US Agency for International Development (USAID) called the Office for Transition Initiatives (OTI). The Venezuelan government and some analysts question OTI's motives in Venezuela, since it is less transparent than other US aid agencies, more directly tied to US foreign policy interests, and has unusual budgetary flexibility. . . .
Yet unlike most USAID programs, OTI describes itself as "overtly political" and particularly tied to foreign-policy goals.
In order to issue grants quickly, OTI can spend money free from earmarks for specific programs that Congress often puts on regular USAID funds. . . .
OTI says on its website that transparency is one of its "strategic principles," but declined to release the names of its grantees and denied requests for any on-the-record interviews on its Venezuela program.
The US government did agree by phone to release to the Monitor descriptions of all 2005 OTI grants with most of the grantees' names blacked out. These documents have not yet been received.
What does this mean?
a) $4.5 million of US taxpayers' money thrown into a black hole
Yep, the OTI is even "less transparent" than the NED -- and that's saying a lot. OTI won't release the names of its grantees, and refused to even grant an interview to the CSM reporters.
Oh yeah, and it gets the cash for those grants from "disaster-assistance funding," i.e. our tax dollars. Don't we have a right to know where that money is going?
b)Blatant interference with democracy
$4.5 million is a whole lot of money to me, and probably to you. But it's a drop in the ocean compared to the whole federal budget. So why should we care how it's being spent?
OTI refused to release its grantees' names because it says they would be placed in danger of being investigated by the Venezuelan government. Maybe so. But if OTI isn't funding political activity, it should have little to fear from an investigation, right?
The problem is, everyone knows (unofficially) that it is funding anti-Chavez political activity, and even OTI "describes itself as 'overtly political'".
A foreign government putting money into another county's political campaigns is illegal in the US and illegal in Venezuela. Remember the big brouhaha when Clinton was accused of accepting campaign contributions from donors in China? OTI, like the NED, may try to finesse their work and say they're not supporting partisan electoral efforts, but no one's going to believe them.
That's not to say that some of the groups OTI supports might not be doing good work. And even if they're doing lousy work, domestic organizations have the right to do whatever they want, including electoral politics and street protests, as long as their acts are nonviolent and do not circumvent democratic decision-making. But when they start accepting funding and "assistance" from a foreign government, that's a different story.
----------
Full article: Democracy's 'Special Forces' Face Heat
More info:
"Transitioning Venezuela" by Tom Barry at the International Relations Center: highly recommended, covers OTI and NED and gets a bit into the deeper question of what the US really means by "democratization"
OTI's description of its Venezuela program: Venezuela Fact Sheet October 2005
Philip Agee's article: informative details on OTI contracts, though I think he leans too much on "the CIA" as the invisible hand behind everything
Lea mas / Read more!
domingo, febrero 05, 2006
Washington Post: "Chavez Wins Hearts Among the Poor"
Some of Chavez's supporters stress the distinction between the desire of poor and working Venezuelans to determine their future and the will of its leader. Geomar Hernandez, 26, said he applauds Chavez but bristles at the name Chavista.
"I'm not a Chavista, I'm a Venezuelan," said Hernandez, a university student. "We have to believe in a nation. The leaders are circumstantial; their positions change."
The article is "Venezuela's Chavez Wins Hearts Among the Poor".
Oil Wars has some interesting commentary about this article too.
Lea mas / Read more!
sábado, enero 28, 2006
Kick VZ out of the ILO? Not likely
The ILO representatives apparently kept a low public profile and focused on the need to restore “dialogue” in the country. Said Dumbia-Henry, “The most intense challenge is the social dialogue, is reestablishing trust . . . We would like to explore opportunities to improve social dialogue, specifically between the government, the CTV and Fedecámeras.” [my translations] According to government press, she also “expressed her interest in an eventual reform of the Organic Labor Law.”
The president of national employers’ organization Fedecámeras, José Luis Betancourt, made a statement to the press about the ILO visit, but didn’t say anything substantive. I suspect that Fedecámeras is trying to play nice with the Chávez administration now, domestically at least. Betancourt also announced that ILO secretary-general Antonio Peñaloza Hill visit Venezuela next week – why, I’m not sure.
The delegation will remain in Venezuela through tomorrow. Their investigative report will go to various ILO committees, and based on that report the ILO’s governing body will once again discuss the complaints filed and information gathered concerning trade union freedoms in Venezuela. Don’t expect any dramatic pronouncements.
Froilan Barrios is expecting some though, or at least hoping the ILO will give him some ammunition to use against Chávez. Barrios, the executive secretary of the anti-Chávista union confederation CTV, mentioned several issues that the CTV believes the mission should address, including the government’s relationships with unions, the petroleum workers fired in the wake of the oil stoppage, and the relationship of the National Electoral Council with unions and union elections, which Barrios criticized as “direct interference” in union affairs. He even managed to bring in the World Social Forum, arguing that the ILO’s visit at the same time as Venezuela is hosting the WSF is evidence of Chavez’s hypocrisy. “On the one hand they talk about solidarity and support for the working class, but in practice they violate their rights,” he claimed.
Barrios also criticized the government for failing to include unions in decisions to raise the minimum wage and for its delays in negotiating public union contracts, and brought up the subject of former CTV leader Carlos Ortega’s prison sentence. Ortega himself sent the ILO a letter concerning his sentence. No word on whether he got a response.
All these are familiar complaints from the CTV. But Barrios tried to inject some new urgency by warning that the ILO could penalize the Chavez government for its alleged noncompliance with international labor norms, and might even go so far as to kick Venezuela out of the organization.
Francisco Torrealba of the UNT, though, dismissed the possibility of an ILO sanction or condemnation of Venezuela, much less expulsion from the international body. Considering that the ILO includes member states like Burma (Myanmar) where forced labor is common and the government has been making threats against the ILO liaison -- not to mention Venezuela’s neighbor Colombia, which continues to assassinate trade unionists – throwing Venezuela out seems unlikely indeed.
Lea mas / Read more!
domingo, enero 22, 2006
ILO to send mission to Venezuela
At the ILO's meeting in November, they agreed to send a "direct contacts" mission to Venezuela, in order to gather more information before deciding what action to take on the employers' latest complaint. I believe this will be the third direct contacts mission sent to Venezuela since Chavez became president. The ILO's most recent report, including the complaints, the government's response, and the decision to send a mission, can be found here.
According to Froilan Barrios of the CTV, the ILO delegates will be investigating five labor issues in Venezuela, including the mass firing of PDVSA employees who participated in the oil industry shutdown of winter 2002-03. (Notably, in my interview with Gabriela Martinez of Venezuelan human rights organization PROVEA, she criticized recent politically motivated firings, but specified that the PDVSA workers were legitimately fired for not showing up for work in an action that did not meet the requirements for a strike.)
Here is a previous post with more analysis of the ILO complaints, what they mean, and the political maneuvering involved.
Lea mas / Read more!
sábado, enero 21, 2006
For your reading pleasure
The report is also available in pdf and with better formatting at
http://www.ilo.org/public/english/standards/relm/gb/docs/gb294/pdf/gb-7-1.pdf
but beware, this one's really long - 369 pages (including reports on all the other countries with open complaints). The section on Venezuela follows:
Complaint concerning non-observance by Venezuela
of the Freedom of Association and Protection
of the Right to Organise Convention, 1948 (No. 87),
and the Right to Organise and Collective Bargaining
Convention, 1949 (No. 98), made by various delegates
at the 92nd Session (2004) of the Conference
under article 26 of the ILO Constitution
1306. At its meeting in November 2004, the Governing Body of the ILO examined the document prepared by its Officers on the complaint concerning non-observance by Venezuela of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), made by various delegates to the 92nd Session (2004) of the Conference under article 26 of the ILO Constitution. The text of the complaint is contained in Appendix I.
1307. In this regard, the Governing Body adopted the following recommendations:
7. The Governing Body:
(a) requested the Director-General to invite the Government of Venezuela, as the Government against which the complaint had been filed, to communicate its observations on the complaint so that they reached the Director-General no later than 10 January 2005;
(b) decided to consider at its 292nd Session (March 2005), in the light of:
(i) the information supplied by the Government of Venezuela on the complaint; and
(ii) the recommendations of the Committee on Freedom of Association;
whether the complaint should be forwarded to a commission of inquiry.
1308. The Government presented its observations in a communication dated 10 January 2005, received by the International Labour Office on 20 January 2005 and reproduced in Appendix II. The Government also sends many other attachments concerning: the 18 per cent increase in economic growth; the fall in unemployment in 2004 (from 19.1 per cent to 10.9 per cent); the economic consequences of the political and economic sabotage; the achievements of the Ministry of Labour in terms of the number of associations that have been legalized; the results of the recall referendum and other political elections won by the government party, and the reports of the Carter Center and the OAE; statements by the Government of Venezuela in the Governing Body on Cases Nos. 2249 and 2254; a statement by GRULAC on the duplication of procedures, requesting closure of the complaints procedure under article 26 of the Constitution; consultations on minimum wages, stability of employment and reform of the Organic Labour Act undertaken by FEDECAMARAS; a ruling on the unconstitutionality of certain provisions of the Lands Act; the FEDECAMARAS manifesto of 30 August 2004; press cuttings on the willingness of the Government to engage in dialogue with the employers and on the reaction of FEDECAMARAS and FEDEINDUSTRIAS; the meeting of FEDECAMARAS REGIONALES with the Government; the Government’s reply to the ILO’s Office of Legal Services regarding the absence of any reply to the consultation on the suspensive effects of the direct contacts procedure, and the subsequent sudden response in the Governing Body in favour of the Employers’ group; and the Government’s decrees on the acquisition of foreign currency, information and statistics on exchange controls, improvements in international reserves, foreign currency case reserves, imports, and the positive effects of exchange controls on the economy including reduced flight of capital, interest rates, liquidity and inflation.
1309. At its meeting in March 2005, the Committee was not able to examine the complaint presented under article 26 of the ILO Constitution or formulate recommendations to the Governing Body, given that all the Employer members of the Committee who were present at that meeting had signed the complaint in question. Under these circumstances, the Committee considered that it was for the Governing Body, in the light of the information available to it, to decide the action to be taken on the complaint made under article 26 of the ILO Constitution [see 336th Report, para. 918].
1310. At its meeting in March 2005, the Governing Body decided that the complaint made under article 26 of the Constitution should be submitted to the Committee on Freedom of Association after the renewal of the Committee in June with a view to examination at its November 2005 session [see Appendix III, document GB.292/PV, Minutes of the 292nd Session of the Governing Body, paras. 155-175].
1311. At its meeting in June 2004, the Committee on Freedom of Association examined Case No. 2254, presented by the International Organisation of Employers (IOE) and the
Venezuelan Federation of Chambers of Commerce and Manufacturers’ Associations
(FEDECAMARAS), and formulated interim conclusions. This case concerns essentially
the same questions as those raised in the complaint made by virtue of article 26. At its meeting in May-June 2005, the Committee once again examined this case in the light of the Government’s observations and reached interim conclusions [see Appendix IV, 337th Report, paras. 1500-1603]. The Government sent partial observations in a communication dated 26 October 2005, received in the Office on 28 October 2005 (Appendix V).
1312. Taking into consideration the necessity to obtain an objective assessment of the actual situation, in particular, as concerns employers’ organizations and their
rights, and to obtain as much information as possible on all the questions at
issue, the Committee recommends to the Governing Body to send a direct
contacts mission to the country before deciding on the action to be taken on the
complaint made under article 26 of the ILO Constitution.
Appendix I
92nd Session of the International Labour Conference
Received in NORMES on 18 June 2004
Received in CABINET on 17 June 2004 – 10168
Secretary-General of the International Labour Conference
Palais des Nations
Geneva
Switzerland
Dear Secretary-General:
The undersigned Employers’ delegates to the 92nd Session of the International Labour
Conference 2004 wish here to launch a complaint under article 26 of the ILO Constitution against the Government of Venezuela for violations of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which was ratified by the Government of Venezuela on 20 September 1982, and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), ratified by Venezuela on 19 December 1968.
Since 1999, Venezuela has repeatedly violated Conventions Nos. 87 and 98 as recorded by the ILO supervisory bodies. During this period employers’ and workers’ groups have denounced the harassment they are going through in the Freedom of Association Committee of the Governing Body as well as in the Conference Committee on Application of Standards and Credentials Committee of the International Labour Conference. The policies of the Venezuelan Government have led to the closure of over 100,000 companies as well as the unemployment of several hundred thousand workers, resulting in the largest economic and social crisis in Venezuela.
Non-compliance of the application of ILO Convention No. 87 and national law and practice have been examined every year by the Conference Committee on Application of Conventions and Recommendations since 1999, leading in 2000 to the inclusion of its conclusions in a specia paragraph of the Committee’s report and, in 2002, in a special paragraph for the persistent and continued failure to comply.
Within the International Labour Conference, the Credentials Committee has, during recent
years, regularly examined objections concerning the composition of the Venezuelan delegation
attending the Conference.
Despite previous recommendations handed down by the ILO supervisory bodies (Conference
Committee on Application of Standards, Committee of Experts on Application of Conventions and Recommendations and the Committee on Freedom of Association), the Government of Venezuela continues to carry out actions against the social partners. Regarding employers, these actions include:
– physical, economic and moral attacks by the Government on the Venezuelan independent
business community, their organizations and their representatives;
– marginalization of most employers’ organizations and their exclusion from social dialogue and
tripartite consultations;
– actions and interferences by the Government to encourage the development of parallel
employers’ organizations for the purposes of bypassing and weakening their most
representative organizations, including the Federación de Cámaras y Asociaciones de
Comercio y Producción de Venezuela (FEDECAMARAS);
– the creation of a hostile environment for independent employers resulting in orders to remove
land and to stimulate the illegal occupation of productive farms; and
– the implementation of a discriminatory foreign exchange control system to companies
affiliated to the most representative employers’ organization, FEDECAMARAS, in retaliation
of their membership.
In light of the foregoing, we the undersigned Employers’ delegates at the 92nd Session of the
International Labour Conference present this complaint under article 26 of the ILO Constitution for the non-observance by the Venezuelan Government of ILO Conventions Nos. 87 and 98, and
hereby request the ILO Office to initiate the appropriate action, including, but not limited to, the
examination of all pending cases in the ILO to bring about the hearing of this complaint. We reserve the right to submit more detailed information at the appropriate time.
92nd Session of the International Labour Conference
Complaint under article 26 of the ILO Constitution presented against the Government of
Venezuela by Employers’ delegates to the 92nd Session of the International Labour Conference on 17 June 2004.
Argentina (Signed) Mr. Daniel Funes de Rioja, Substitute delegate.
Australia (Signed) Mr. Bryan Noakes, Delegate.
Austria (Signed) Mr. Peter Tomek, Delegate.
Brazil (Signed) Mr. Dagoberto Lima-Godoy, Substitute delegate.
Canada (Signed) Mr. Andrew Finlay, Delegate.
Cyprus (Signed) Mr. Costas Kapartis, Substitute delegate.
France (Signed) Mr. Bernad Boisson, Delegate.
Germany (Signed) Ms. Antje Gerstein, Delegate.
India (Signed) Mr. I.P. Anand, Substitute delegate.
Italy (Signed) Ms. Lucia Sasso-Mazzufferi, Delegate.
Jamaica (Signed) Mr. Herbert Lewis, Delegate.
Japan (Signed) Mr. Toshio Suzuki, Substitute delegate.
Mexico (Signed) Mr. Jorge de Regil, Delegate.
Norway (Signed) Mr. Vidar Lindefjeld, Delegate.
Saudi Arabia (Signed) Mr. Abdullah Dahlan, Delegate.
South Africa (Signed) Mr. Bokkie Botha, Delegate.
Spain (Signed) Mr. Javier Ferrer Dufol, Delegate.
Sweden (Signed) Mr. Göran Trogen, Substitute delegate.
Switzerland (Signed) Mr. Michel Barde, Delegate.
Tunisia (Signed) Mr. Ali M’Kaissi, Substitute delegate.
United Kingdom (Signed) Mr. Mel Lambert, Delegate.
United States (Signed) Mr. Edward Potter, Delegate.
Venezuela (Signed) Mr. Bingen de Arbeloa, Delegate.
Appendix II
Position of the Government of the Bolivarian Republic
of Venezuela with regard to the complaint made by a
group of employers under article 26 of the ILO Constitution
I. Introduction
In a communication addressed to the Director-General of the International Labour Office
(ILO) dated 17 June 2004, (1) certain delegates from the Employers’ group (hereinafter referred to as the complainants) (2) presented a complaint under article 26 of the ILO Constitution against the Government of Venezuela concerning alleged violations of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
In the first place, the Government notes the contradictory use by the complainants of terms
such as “violation(s)”, and by the Office itself of the expression “non-observance”, (3) when articles 24 and 26 of the Constitution in fact refer to failure “to secure [in any respect] the effective observance” of a Convention.
In their communication, the complainants refer to a number of situations – which date not
from 1999, as they maintain, but from 1991 – referring expressly to cases already brought by
employers and workers before the ILO’s various supervisory bodies (the Committee on the
Application of Standards, the Committee on Freedom of Association, and the Credentials
Committee of the Conference) and erroneously take over complaints originally made by the
workers, despite the fact that they have no right or authority to do so.
As regards the substance of the complaint, the Government rejects the complainants’
arguments in their entirety, and reiterates all its own previous arguments before the ILO’s
supervisory bodies and the Governing Body in November 2004. It requests that the complaint be declared irreceivable and therefore closed on the grounds that the complainants’ arguments are without foundation; that it would be unnecessary and inappropriate to set up a commission of inquiry in the context of the new conditions that have prevailed in Venezuela since the presidential referendum of August 2004; that it would be inappropriate to allow the overlapping of procedures that have not been concluded yet and concern the same subjects or situations; and lastly, that using the complaints procedure for publicity and political purposes would be a distortion of the ILO’s objectives.
II. Irreceivability of the complaint on the grounds that it is without foundation
The Government of Venezuela rejects all the arguments and opinions presented by the
complainants to substantiate an alleged violation or non-observance of ILO Conventions Nos. 87
and 98.
A. The Government’s policies are intended to promote continual and systematic measures to
secure the observance of the Conventions
According to article 26, paragraph 1, of the ILO Constitution, “Any of the Members shall have
the right to file a complaint with the International Labour Office if it is not satisfied that any other Member is securing the effective observance of any Convention which both have ratified in accordance with the foregoing articles” (italics and bold type added).
Apart from the fact that the complainants do not indicate the specific provisions that are
supposed to have been infringed by Venezuela in a manner that would justify invoking article 26 of the ILO Constitution, the Government also wishes to point out that the complaint is more concerned with statements and criticisms concerning the country’s social and economic policy than with the rights and freedoms protected by Conventions Nos. 87 and 98. (4) A number of complaints are currently before ILO supervisory bodies; these concern specific situations in connection with which the Government has taken the necessary investigative and corrective measures.
The country is not currently in an extreme situation so as to warrant or necessitate the
establishment of a commission of inquiry. The policies adopted by the Government in direct and
immediate implementation of the Constitution on which the people voted in the 1999 referendum, and in accordance with its leading role and commitment in efforts to combat poverty, have led to renewed economic growth, (5) higher wages in real terms, and financial and monetary stability. At the same time, unemployment indicators have fallen (6) as a result of action by traditional and newer enterprises, as have informal employment, inflation, interest rates and national risk indicators, a fact acknowledged by the international community (see the attached report).
Furthermore, as a result of the policies that have been adopted to combat poverty and
exclusion, millions of Venezuelans are now covered by massive education, vocational training,
health care and social security programmes; they now have institutions for financing and promoting small and medium-sized enterprises, and co-management models involving new forms of enterprise that are socially responsible and accountable to the workers, and committed to joint efforts to create and maintain decent employment. (7)
The Government of Venezuela guarantees the rights to establish in full freedom any
occupational organization deemed suitable for better defending its members’ rights and interests, as well as the right to join or not to join such an organization, without interference. The State protects associations from any act of discrimination or interference contrary to the exercise of the rights provided for in the Conventions (see appendix). (8)
Given that the complaint does not specify the obligations which the State has failed to fulfil,
the measures it has failed to adopt, or the standards or rights under the Convention that have been infringed, the Government of Venezuela requests that the complaint be declared irreceivable.
B. The complainants have no right or authority to take over cases originally presented by workers
The complainants inappropriately rely on situations with regard to which they have no
standing or legitimacy, as they refer to requests made by organizations of workers before the ILO supervisory bodies. Applications which present as one’s own situations that have nothing to do with the complainant, should not be receivable. Under international law principles, the complainants would be justified in taking action only in cases in which they have a legitimate interest or a material connection with a dispute.
The only representation brought by the employers before the Committee on the Application of
Standards was in 1991 and concerned the entry into force of the Organic Labour Act of 1990. The only government in more than a decade to comply with that Committee’s recommendations has been the Government of President Chávez, through the Fifth Republic Movement which leads the National Assembly.
With regard to the Committee on Freedom of Association, the complainants refer to situations
of which they have direct knowledge in relation to a single case (Case No. 2254). (9) Lastly, the
complainants claim that objections were brought before the Conference Credentials Committee
concerning the Venezuela delegation during the 91st and 92nd Sessions of the International Labour Conference in 2003 and 2004, respectively.
Apart from the particular situations referred to, the Government requests the dismissal of all
the employers’ arguments on which they have no standing or legitimacy, given that they cannot take over cases which are of no direct concern to them or even contradictory, and the majority of which has been resolved through democratic dialogue.
C. The denunciations brought before the various ILO supervisory bodies are entirely without
foundation
The Government of Venezuela thinks it appropriate to consider the arguments put forward by
the complainants with regard to the alleged violations previously examined by ILO supervisory
bodies, in particular, the Committee on Freedom of Association, the Credentials Committee and the Committee on the Application of Standards.
1. Cases examined by the Committee on Freedom of Association
(a) The arguments relating to the Committee’s interim report are invalid and irreceivable because the report contains conclusions and recommendations that are contrary to international law
A number of the Committee’s conclusions and recommendations (10) cannot be implemented,
are contrary to international law, and disregard certain fundamental aspects of life in Venezuela.
- The Committee recommended that the Government set up an “independent” commission – endorsed by those responsible for the coup d’état and the oil industry lockout of 2002-03 – to “dismantle”, proscribe or prohibit various social organizations that exercise the right to organize. These included the Fifth Republic Movement, the ruling party with a majority in the National Assembly as well as in 20 of the country’s 22 districts and 270 out of 340 local authorities (11) and the Revolutionary Youth of the MVR. The party has won nine national, regional and local elections since 1998. (12) It is noteworthy that the Committee on Freedom of Association requested the “dismantling” of Venezuela’s main political party and other legitimately constituted social organizations, which apart from being legally impossible would not be practicable.
- The Committee describes the Government’s political party as “violent”, “paramilitary” and “armed”, an assessment at variance with the reports of the international facilitating agencies (the Organization of American States and the Carter Center) that have observed recent elections in the country (see appendices). In Venezuela, neither political parties and
movements nor occupational organizations are prohibited, and the Committee’s conclusion is therefore surprising, given that its implementation would have involved violations of
fundamental civil and political rights. - The Committee – without identifying the enterprises supposedly affected by discriminatory treatment – requests the Government to modify the current exchange controls system, thereby encroaching on areas of monetary and exchange policy. The system in question was adopted after a massive flight of capital that was intended to create political instability in 2002 and 2003. That flight of capital was also accompanied by shortages of basic foodstuffs and acts of sabotage against essential public services (especially domestic gasoline and natural gas supplies) which endangered the lives, health and safety of the population.
It is evident from the above that the interim conclusions and recommendations made
previously have affected the principles of impartiality, balance and objectivity required of an ILO supervisory body. The result is a set of recommendations that contradict the principles and standards of international law in this area, including those established by the Committee itself with regard to strike action, acute national crisis and essential public services.
To conclude, these conclusions and recommendations, which cannot be implemented or are
inconsistent with international law, cannot serve as the basis of a complaint against the Government of the Bolivarian Republic of Venezuela, and the complaint must therefore be declared irreceivable.
(b) The arguments relating to economic and social policies are invalid and irreceivable because they have no relation to the rights enshrined in Conventions Nos. 87 and 98
The complainants in their arguments draw attention to economic and social policies, in
particular, exchange control and monetary measures, measures to promote small and medium-sized enterprises, inclusion in social dialogue of sectors hitherto excluded, and the development of uncultivated land, much of which had previously been occupied by individuals, despite being state property. These issues have no bearing at all on the provisions of Conventions Nos. 87 and 98.
The Government of Venezuela notes that the complainants refer to political issues, making
generic allegations (without giving any specific, documented information corroborated by evidence) and vague assertions that were set out in the employers’ communication to the Director-General of the ILO on 17 June 2004.
The Government is surprised by the recommendation to modify the foreign exchange controls
and administration system in Venezuela, given that the complainants do not indicate the specific
provision(s) on which their claim is based. Moreover, the interpretation of Convention No. 87
applied is a broad one.
This not only disregards the Vienna Convention on the Law of Treaties; a broad interpretation
of a Convention could be regarded as tantamount to the creation of new standards, which is the
exclusive prerogative of the International Labour Conference.
(c) The arguments presented to the Committee on Freedom of Association with regard to Case No. 2254 are totally unfounded
The only case brought before the Committee on Freedom of Association by the complainants
is known as Case No. 2254, on which an interim report has been published. The Government has rejected the complainants’ arguments in their entirety, and is able now to present new allegations.
As regards the points raised in the complaint of 17 June 2004, which are also referred to in
Case No. 2254, the Government draws attention to the following:
- With regard to the alleged discrimination in the foreign exchange controls and administration system, the measure in question was adopted by the Government in response to the massive and deliberate flight of capital which led to a reduction in international reserves and pushed the country into an inflationary spiral which adversely affected the population’s access to basic foodstuffs and services. The employers are required to meet certain basic obligations (relating to tax and social security contributions), and where delays or other problems occur, they can have recourse to the administrative and judicial authorities. At any event, given the non-specific and generic nature of the allegations, we believe that the complainants have confused the initial problems of implementing the foreign exchange controls and administration system with deliberate discrimination. Historically, similar problems led to similar measures in 1961, 1983 and 1994. The case for dismissing the complaint is supported by information contained in the appendices concerning the distribution of foreign currencies at the end of 2004 which affected all the productive sectors, including national and internationally owned enterprises.
- As regards the alleged harassment of employers, it should be emphasized that, despite the tense situations that occurred during this period, no officials of any trade union or employers’ organization were detained and no organization’s premises were broken into, except for isolated measures undertaken in accordance with decisions by the courts and the public prosecution service. These decisions are directly linked to investigations of those responsible for the coup d’état of April 2002 and the economic and oil industry sabotage of December 2002 and 2003. (14) The Conventions do not authorize or legitimize unlawful action, and indeed require the social partners to respect the basic rules of democratic coexistence. (15) The measures adopted by the police followed in all cases previous decisions by independent and autonomous public prosecution organs, and did not involve persecution or restrictions on the exercise of the rights flowing from freedom of association.
- Assertions made by the Committee regarding the supposed violation of due process exhibit certain weaknesses with regard to the principles of burden of proof and evaluation of evidence, and are not consistent with domestic or international law. The Government cannot make up arguments for the complainants, nor overlook the absence of hard evidence in the complainants’ arguments, nor can it initiate inquiries into suppositions or vague allegations decisions of the Public Prosecution Service and courts, which were challenged in the courts by some of those concerned until they finally fled the country. (17) In other cases, the situations lack the systematic character and importance claimed, mistakenly, by the original complainants. (18)
- As regards the alleged establishment of a parallel employers’ organization to weaken the more representative existing organization, the Government reiterates that the complaint makes use of generic, imprecise and unfounded arguments. At any event, the Government notes that the federation representing craftsmen, micro, small and medium-sized manufacturers in Venezuela (FEDEINDUSTRIA) was established in 1973 and has thus been in existence for 32 years; its involvement in economic policy is crucial to the creation and preservation of jobs, and furthermore is consistent with ILO guidelines including the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189). Other employers’ organizations have also been founded through the exercise of the rights of participation and association in defence of the interests of micro-enterprises and entrepreneurs, in towns and in the countryside, without any threat to the existence of other associations and their members, unless the latter claim exclusive or monopolistic rights of representation.
- The complainants allege the “marginalization” of most of the existing employers’ organizations and their exclusion from social dialogue and tripartite consultation. In this regard, consultations by correspondence have been taking place since 2002 on minimum wages with FEDECAMARAS and its regional and sectoral affiliated organizations. (19) Such consultations were identical in form to those applied to the other employers’ organizations, and there was no preferential treatment. Since September 2004, these consultations, as well as covering wages, have been extended at various levels to cover areas such as immunity from dismissal. (20)
- With regard to more integrated social dialogue, always in a framework of a strategy for sustainable development and combating poverty and unemployment, the Government, after the failed coup d’état of 2002, activated social dialogue processes at the national and sectoral levels, involving employers’ organizations affiliated to FEDECAMARAS, FEDEINDUSTRIA, CONFAGAN and EMPREVEN. These led to 170 agreements in sectors such as automobiles, textiles and clothing, tourism, the social economy and small and medium-sized enterprises.
- As regards the adoption of legislation as part of an “Enabling Act” in 2000, consultations took place, in particular in August 2001, with all the sectors, in particular FEDECAMARAS and its affiliated organizations, with common timetables and methods. (21) Nevertheless, the State, having consulted various sectors with a view to ascertaining their specific interests, adopted measures which gave priority to the general public interest, especially the interests of excluded segments of the urban or rural population, and thereby demonstrated its political will to act in accordance with the wishes of the majority of the electorate which elected it. In any event, any disputes concerning the substance of the legislation in question were examined and decided upon by the Supreme Court of Justice, which made the necessary adjustments, including by declaring certain specific provisions null and void. (22)
- Following the presidential referendum of August 2004 and the regional and municipal
elections in October 2004, a positive change was noted in the FEDECAMARAS leadership – from disregard of the will of the people, reflected at first in voices that claimed “electronic fraud”, towards an appreciation of the Government’s efforts to re-establish a climate for social dialogue with the active participation of the Executive Vice-President of the Republic and of various ministries including the Ministry of Labour. (23) In the last of these cases, we have already reported in writing on the initiatives to promote progress in consultations on the reform of the Organic Labour Act and social security legislation. (24) As a result, the leadership of FEDECAMARAS has become involved in the intensive democratic dialogue that has been taking place in the country since 1999, first on the constitutional process and then the transformation of the country’s political, economic and social model. - In addition, the complainants add another argument, to the effect that 100,000 enterprises have been closed and jobs have been lost. Both of these are consequences of the destabilization that has occurred since December 2001, the culmination of which was the economic sabotage and oil industry lockout of 2002-03 which FEDECAMARAS actively instigated. (25) In particular, the closure of small and medium-sized enterprises as a result of this economic strangulation, and the refusal to supply raw materials and intermediate products, were deplorable occurrences.
In Venezuela, there is no government policy of repression directed against workers or
employers. The situations referred to confirm the will of the Government to pursue antimonopolistic
and anti-oligopolistic policies and restore the public-spirited and humanistic
dimension of economic and social relations. The structure of the Venezuelan State, and its
institutions and mechanisms for regulating the power of the State by encouraging direct citizens’
participation as an indispensable element, preclude any policy of repression of the fundamental
rights and freedoms.
2. Objections brought before the Credentials Committee
At the same time, the complainants indicate that the Credentials Committee of the Conference
has regularly examined objections concerning the composition of the Venezuelan delegation, but
make no reference to the substance or outcome of those representations, and fail to indicate that the Committee has never denied accreditation to a delegation proposed by the Government.
These representations have been intended to secure a degree of exclusivity in Venezuelan
representation at the ILO, to the exclusion of other workers’ and employers’ associations, without even complying with basic legal requirements regarding accreditation of representative status, as the Supreme Court of Justice has indicated. Such a claim to be exclusively representative purports to exclude employers’ organizations that have existed for decades and play an important role in the life of the country.
3. Complaints to the Conference Committee on the Application of Standards
The complainants also refer to situations brought by workers to the attention of the Committee
on the Application of Standards. These cases have already been or are in the process of being
resolved, 26 and the Government of Venezuela has shown its willingness to collaborate in the
implementation of the Committee’s recommendations.
It should be borne in mind here that the last direct contacts mission took place between 13 and
15 October 2004 and was the second such mission in only 29 months. Until such time as a first
report is submitted to the Committee of Experts, and later to the Committee on the Application of
Standards at the next session of the Conference which instigated the mission, the examination
procedures under way before the supervisory bodies should be suspended in accordance with
paragraph 86(d) of the Handbook of procedures relating to international labour Conventions and
Recommendations, (27) as was stated at the last session of the Governing Body and endorsed by the
Group of Latin American and Caribbean States (GRULAC) (see appendix).
The National Assembly has the political will to ensure that the proposed amendments to the
Organic Labour Act are adopted within the current six-month period, and to make progress with
other legislative reforms to ensure that the majority of the population will enjoy the benefits of
democratic and participative development.
(d) A commission of inquiry is unnecessary and irrelevant
because the context and situation of Venezuela have
changed since the employers presented the complaint
in June 2004
The application was made by a number of delegates at the last session of the Conference
before the direct contacts mission took place, in a political context that did not reckon with the
presidential referendum demanded by the political opposition, of which the FEDECAMARAS
leadership was an active part.
Nevertheless, President Hugo Chávez Frías, who is committed to the popular process of
democratic change which he leads, consulted the voters on his mandate through the referendum.
The results – the President won a 20 per cent margin over the opposition (60 per cent versus 40 per
cent of the votes) – were observed by the international community, in particular the Organization of
American States, the Carter Center, representatives of individual countries, human rights NGOs and
workers’ organizations, all of whom rejected allegations of “electronic fraud” as unfounded and
false. Two and a half months later, on 31 October 2004, in a similar process at the regional and municipal levels, the President’s policies won even greater support, winning 20 out of 22 districts
and 270 out of 340 municipal or local authorities. The broad support that has grown out of the
plebiscites of 2004 has confirmed the results obtained since 1998, a year which marked the
beginning of a period of successive victories for the President over an opposition that chose
violence and a non-democratic path.
In this context of peace and democratic encounter, those who had once distanced themselves
from the constructive and broad-based dialogue promoted by the Government and its institutions are
now actively getting involved in it, and this is a positive development. That is why the Government,
after its resounding victory in the constitutional referendum of 15 August 2004, which confirmed
the President’s legitimacy, 28 immediately set about broadening social dialogue to include all
representative employers’ associations including FEDECAMARAS and its affiliated organizations
(see information in the appendix), despite the fact that the current President of FEDECAMARAS
initially tried to direct that dialogue and was prevented from doing so by the other members of the
employers’ umbrella organization. This initiative has been promoted, as previously indicated, by the
Executive Vice-President of the Republic, with the participation of the Ministries of Labour and
Finance.
There is thus no policy of persecution directed against leaders of workers’ or employers’
organizations or against the exercise of freedom of association and collective bargaining. On the
contrary, Venezuela has shown that it wishes to solve its domestic political problems in an
exemplary manner, peacefully, democratically and through the ballot box, especially those problems
that have resulted from the coup d’état and the lockouts of 2002 and 2003 instigated by the
opposition, including the leadership of FEDECAMARAS.
This new and favourable climate in political and social relations was attested by the members
of the direct contacts mission who visited the country last October, although they have not yet
published their report.
(e) It would be inappropriate to set up a commission of
inquiry because it would lead to procedural duplication
and adversely affect the efficiency of the ILO’s working
methods
The Government has constantly kept the Committee on Freedom of Association informed with
regard to current cases, and many of its arguments have yet to be examined and assessed by the
Committee. It has also repeatedly asked to be informed of procedural criteria applied unilaterally
(regarding mutually exclusive complaints and representations, failure to assess information, etc.).
No reply on these has ever been received according to officials of the Ministry of Labour, as was
recently recalled by the Minister of Foreign Affairs in connection with the lack of any response
from the ILO’s Legal Adviser to a number of previous requests.
In all cases in which the Committee invites the Governing Body to adopt certain
recommendations addressed to a government, the Committee invites the Government in question to
indicate, once a period deemed reasonable in the light of circumstances has elapsed, the effect it has
been able to give to any of the recommendations.
In Case No. 2254, the Committee published an interim, non-definitive report in June 2004
(seven months ago). The preliminary nature of its conclusions was confirmed by the request for
information from the Government [see 335th Report of the Committee on Freedom of Association,
para. 6, adopted on 16 November 2004 by the Governing Body]. This acknowledges the
Government’s right to present new information regarding the interim conclusions and
recommendations.
Furthermore, as already indicated, a direct contacts mission is under way and its report has not
yet been made available to the Government. This also makes any additional procedure unnecessary.
(f) Setting up a commission of inquiry would be a distortion
of the ILO’s objectives and would serve only political and
publicity purposes
In view of the technical assistance procedures that are currently under way, as well as the
sustained improvements that have taken place in Venezuela’s political climate, it would be
inappropriate for the ILO to remain a political forum for resolving domestic problems that have
already been resolved through the electoral process – the presidential referendum and regional and
local elections.
The IOE adopted, in the past, a position regarding the use of the representation and complaints
procedures under the ILO Constitution in order to achieve publicity and political ends. The
complainants, in the FEDECAMARAS complaint, contradict the IOE statement in 2000, that
“Articles 24 and 26 of the ILO Constitution are sometimes abused in that conflicts are brought to an
international forum for publicity reasons. Means to limit this practice, perhaps by limiting the
receivability criteria or introducing a filter mechanism, should be considered to prevent automatic
discussion of a receivable complaint. The way in which articles 24 and 26 procedures complement
the regular supervisory machinery should also be considered in order to prevent overlapping and
provide more coherence.” (29)
For all these reasons, the complaint should be ruled irreceivable, as the procedure would be
disproportionate by comparison with other situations elsewhere in the world that are deemed by the
international community to be very serious.
III. Conclusions
1. The complainants’ allegations have been shown to be without foundation. No complaints currently
before the ILO supervisory bodies would warrant the establishment of a commission of inquiry
under the terms of article 26 of the ILO Constitution.
2. It has been shown that it would be unnecessary and inappropriate to set up a commission of
inquiry, in view of the changed conditions that have prevailed in Venezuela since the presidential
referendum in August 2004.
3. It has been shown that overlapping and duplication with procedures still under way in relation to the
same subjects or situations would be inappropriate.
4. Lastly, it has been shown that using the complaints procedure for publicity and political ends would
be a distortion of the ILO’s objectives.
IV. Petition
The Government of the Bolivarian Republic of Venezuela requests that the complaint be declared irreceivable and closed.
(1) In the context of the 92nd Session of the International Labour Conference.
(2) A total of 23 delegates from the Employers’ group, including regular and substitute members from Argentina, Australia, Austria, Brazil, Canada, Cyprus, France, Germany, India, Italy, Jamaica, Japan, Mexico, Norway, Saudi Arabia, South Africa, Spain, Sweden, Switzerland, Tunisia, the United Kingdom, the United States and Venezuela.
(3) Letter of 23 July 2004 from Mr. K. Tapiola, Executive Director, Standards and Fundamental Principles and Rights at Work.
(4) Its defects are similar to those of Case No. 2254.
(5) By the end of 2004, economic growth will increase by 18 per cent, according to the Economic Commission for Latin America and the Caribbean (ECLAC), with growth occurring in all sectors
over the last five quarters. Employment levels and wages have also started to rise again.
(6) From the highest ever recorded level resulting from the lockout of 2002-03 (20.7 per cent in February 2003), unemployment fell by almost 10 percentage points to 10.9 per cent in
December 2004.
(7) On 27 December 2004, the Nutrition of Workers Act (Ley de Alimentación para los
Trabajadores) entered into force.
(8) Constitution of Venezuela, article 95. During the period 1999-2004, some 2,135 associations were established, an annual average of 356. During the period 1994-98 by contrast, only 1,275 were established (255 per year on average).
(9) The text of the complaint to the Committee on Freedom of Association was presented inMarch 2003, a few days after the end of the 62-day lockout against the country’s democraticinstitutions.
(10) The recommendations of the Committee on Freedom of Association adopted by the GoverningBody at its 290th Session.
(11) It won 97 per cent of the state or provincial government seats and 80 per cent of the local
authorities.
(12) We refer to the position adopted by the Government of Venezuela as reflected in the Minutes of the Governing Body’s 290th Session in June 2004.
(13) The Committee has said that “Political matters which do not impair the exercise of freedom of association are outside the competence of the Committee. The Committee is not competent to deal with a complaint that is based on subversive acts, and it is likewise incompetent to deal with political matters that may be referred to in a government’s reply” [see Digest of decisions and principles of the Freedom of Association Committee, 1985, para. 204]. It has also referred to abuses by representative organizations: “Trade union organizations should not engage in political activities in an abusive manner and go beyond their true functions by promoting essentially political interests” (idem., para. 455).
(14) Those implicated in acts against the Constitution and the country’s democratic institutions include Pedro Carmona Estanga and Carlos Fernández, both former presidents of FEDECAMARAS. The former became President of the Republic for less than 24 hours on 12 April 2002. In both cases, the courts placed them under house arrest instead of sentencing them to imprisonment. They absconded and were subsequently granted asylum. The wife of Fernández even acknowledged publicly that he had been well treated.
(15) Article 8, paragraph 1, of Convention No. 87 stipulates that “In exercising the rights provided for in this Convention workers and employers and their respective organisations, like other persons or organised collectivities, shall respect the law of the land.”
(16) The complaints regarding the alleged ill-treatment of Carlos Fernández were never documented or corroborated by basic evidence. On the contrary, statements in the media by his wife were provided, confirming that he had been well treated. In view of this, it is inappropriate and indeed impossible to initiate inquiries which, instead of elucidating the truth, would seek to create suspicions regarding the actions of institutions that defend the rule of law.
(17) Before fleeing the country, Carlos Fernández obtained some court rulings in his favour, as well as some that went against him. For example, some of the original charges brought against him were dropped, and the ruling of the Appeals Court was overruled by the Criminal Chamber of the Supreme Court of Justice, until the Constitutional Chamber of the Supreme Court made a final ruling ordering his arrest in August 2003.
(18) In the case of the former president of CONSECOMERCIO (Julio Brazón) and the president ofthe Bejuma Chamber of Commerce in Carabobo State, the complainants refer to isolated situationsarising from the actions of individuals, not the authorities, in a context of political strife, includingwithin the opposition. Neither of these two cases involves official institutions, and they do notreflect any recurrent pattern of conduct in a country characterized by political and trade unionparticipation and pluralism.
(19) The last of these communications was sent on 16 April 2004 and was answered on 21 April bythe President of FEDECAMARAS.
(20) Communication of 24 September 2004 from the Deputy Minister of Labour to the President ofFEDECAMARAS.
(21) See the Committee’s conclusion in para. 1062 of its 334th Report.
(22) On 20 November 2002, the Supreme Court of Justice (Constitutional Chamber) declared null andvoid sections 89 and 90 of the Act respecting land and agrarian development, following anapplication from the National Federation of Stockbreeders of Venezuela (FEDENAGA).
(23) This evolution in the position of the executive board of FEDECAMARAS can be traced from the communiqué El Manifiesto of 30 August 2004 to the document entitled Los Caminos del Diálogo Social produced by the National Council on 29 November 2004. The reader is invited to explore thesite www.fedecamaras.org.ve . Press notes on the dialogue initiative are attached, as well as a copyof the communication of 8 November 2004 (invitation to a meeting on the reform of the Organic Labour Act).
(24) See attached copy of the communication of 8 November 2004 from the Deputy Minister ofLabour to the President of FEDECAMARAS.
(25) In December 2001, when the political destabilization formally began with a one-day employers’stoppage, unemployment stood at 11 per cent. By the end of the employers’ lockout directed byFEDECAMARAS in February 2003, unemployment had risen to 20.7 per cent, i.e. almost10 percentage points more.
(26) Questions relating to the sworn statement of assets by trade union officials have been resolved,and draft legislation on trade union rights and guarantees and the democratization of trade unionorganizations has been shelved. The substantive issue still outstanding concerns labour law reformand dates from 1991.
(27) “While direct contacts are taking place, the supervisory bodies will suspend their examination ofthe matters in question for a period not normally exceeding one year, so as to be able to takeaccount of the outcome.”
(28) See appendix containing the results of the referendum held in accordance with the agreementconcluded on 29 May 2003 between the political and economic opposition includingFEDECAMARAS and the legitimate Government facilitated by the Carter Center, the Organizationof American States (OAS) and the United Nations Development Programme (UNDP).
(29) IOE: ILO Standards, position paper adopted by the General Council of the IOE, Geneva, 9 June2000, available at http://www.ioe-emp.org/ioe_emp/papers_statement/ioe_position_papers.htm .
Appendix III
Complaint concerning non-observance by the
Bolivarian Republic of Venezuela of the Freedom of
Association and Protection of the Right to Organise
Convention, 1948 (No. 87), and the Right to
Organise and Collective Bargaining Convention,
1949 (No. 98), made by various delegates at the
92nd Session (2004) of the Conference under
article 26 of the ILO Constitution
The Employer spokesperson noted the problem arising from the fact that many of the
Employer delegates who had submitted the complaint were present at the meeting of the Committee
on Freedom of Association (CFA) designated to examine it. He requested clarification from the
Legal Adviser as to whether this situation was legal or ethical, as did the Worker spokesperson.
The Legal Adviser stated that his reply to the secretariat of the CFA, which had requested
information in this connection, had been negative: it was not possible to be complainant and judge
at the same time.
The Employer spokesperson asked whether, in the absence of a written rule, the Employers
could select an ad hoc group of their members who had not signed the complaint.
The Worker spokesperson suggested that since the matter had been referred to the CFA, it was
for the Committee simply to disqualify it.
The Legal Adviser referred to the rules governing the composition of the CFA. It was made up
of three regular members and three deputy members. The purpose of the deputy members was to
replace the regular members in cases of conflict of interest – where a regular member’s country was
implicated in a complaint, for example. As to whether the Governing Body could designate an ad
hoc membership of the Committee to examine a particular question, given that the membership was
decided for the duration of the Governing Body’s mandate, this appeared difficult. Other procedures
could be initiated.
The classic solution to the problem would be to follow article 26 procedure, under which the
Governing Body would decide on the complaint after considering it against the Government’s reply,
either by appointing a commission of inquiry, or by closing the procedure.
A further solution, which might be wiser, would be to wait until June, when the Governing
Body was due for renewal; a CFA could then be appointed that would be able to examine this
complaint. Yet further solutions could be found if needed.
The Employer spokesperson said that his group could not accept closure of the procedure. The
question was therefore to choose between a commission of inquiry and waiting for a new CFA in
June.
The Worker spokesperson agreed to examination of the case by the new CFA in November
2005.
A Government representative of El Salvador, speaking on behalf of the governments of the
Group of Latin American and Caribbean States (GRULAC), noted that the case had been referred
to the CFA by the 291st Session of the Governing Body. He further noted that the Committee had
not been able to examine the complaint and make recommendations, given that all Employer
members present on the Committee had signed the complaint. GRULAC observed that the
Government of the Bolivarian Republic of Venezuela had responded rapidly to the complaint, and
had provided information which proved that its validity was questionable. Moreover, the arguments
put forward in the complaint were closely related to Case No. 2254, without bringing any new
element into play. In the latter case, the CFA had only produced an interim report. Given that the
matter had been sufficiently discussed, the Governing Body should declare that the complaint did
not merit examination by a commission of inquiry, and close the procedure.
GRULAC also believed that the criteria for receipt and receivability of complaints made under
article 26 should be reviewed, to prevent automatic consideration and duplication of procedures.
The Committee on Legal Issues should present a document on criteria for receivability to the
293rd Session of the Governing Body. Furthermore, the legal consultations that the ILO had been
called on to carry out by its Members should take place in an appropriate manner, and not in the
hurried way in which document GB.291/17 had been examined by the last session of the Governing
Body. GRULAC therefore approved the letter sent from the ILO to the Government of the
Bolivarian Republic of Venezuela, which stated that the Office took great care to maintain clear
rules, in order to ensure adequate legal security.
The Employer spokesperson said that GRULAC was opening a discussion on the substance of
the question. This was proper to a supervisory body, not to the Governing Body, which simply had
to chose between the three proposed options.
A Government representative of the Bolivarian Republic of Venezuela recalled that the
previous session of the Governing Body had decided to refer this case to the CFA and had invited
the Government of the Bolivarian Republic of Venezuela to supply additional information. This the
Government had rapidly done. He welcomed the recognition by the three experts and Employer
representatives on the CFA that they were unable to consider the case. In recognizing this, the CFA
concurred with the arguments for non-receivabiity put forward by the Government during the
discussion of the case in November. Moreover, as GRULAC had stated, another procedure was
under way in the same field, causing inefficient duplication. The representative noted with approval
the Legal Adivser’s opinion that experts could not be complainant and judge at the same time. This
careful and considered opinion appeared to have cancelled the delay incurred in respect of a
previous inquiry made by the Government of the Bolivarian Republic of Venezuela.
The report submitted by the Government to the Director-General gave details of measures
taken to guarantee the rights of freedom of association and collective bargaining. There was at
present in the country an intense process of debate, dialogue and interaction between the social
actors, including social actors who had not, by their own choice, previously been included in the
debate. The president of FEDECAMARAS, the employers’ organization at the origin of this
complaint, had last week recognized the Government’s will to promote dialogue, and had agreed to
work willingly with the government authorities. These meetings of the social actors had been
examining and revising the Government’s policies in respect of labour and of social security. It was
therefore no longer necessary to retain this question on the agenda of the Governing Body. The
procedure should be declared closed because it no longer corresponded to the reality in the
Bolivarian Republic of Venezuela, but referred to facts already outdated.
A Government representative of Uruguay supported the GRULAC statement, and requested
that the procedure be closed.
A Government representative of China believed that the reply given by the Government of the
Bolivarian Republic of Venezuela was complete and clear, and that the Government had taken
appropriate measures. Moreover, the complaint was almost identical to that in Case No. 2254,
which had been examined carefully by the Governing Body. The Governing Body should continue
to work closely with the Government to reach a solution.
A Government representative of India noted that the Government of the Bolivarian Republic
of Venezuela was collaborating well with the Office. This process should not be disrupted, and the
complaint should not be referred to a commission of inquiry.
A Government representative of the Libyan Arab Jamahiriya said the efforts undertaken by the
Government of the Bolivarian Republic of Venezuela should be encouraged, and the present
procedure closed.
A Government representative of the Russian Federation did not support referring the case to a
commission of inquiry.
The Chairperson noted that the Governing Body contained a small minority supporting
referral to a commission of inquiry, a small minority for closing the procedure, and a large degree of
agreement in support of referral to the new committee that would be established in June 2005.
Governing Body decision
The Governing Body decided that the complaint concerning non-observance by the
Bolivarian Republic of Venezuela of the Freedom of Association and Protection of the
Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective
Bargaining Convention, 1949 (No. 98), made by various delegates at the 92nd Session
(2004) of the Conference under article 26 of the ILO Constitution should be referred to
the Committee on Freedom of Association, after the renewal of the Committee in June,
for examination at its November 2005 session.
Appendix IV
CASE NO. 2254
INTERIM REPORT
Complaint against the Government of Venezuela
presented by
— the International Organisation of Employers (IOE) and
— the Venezuelan Federation of Chambers of Commerce
and Manufacturers’ Associations (FEDECAMARAS)
Allegations: The complainant organizations have
presented the following allegations: the
marginalization and exclusion of employers’
associations in the decision-making process,
excluding them from social dialogue, tripartism and
the holding of consultations in general (particularly
in relation to the very important legislation that
directly affects employers), thereby not complying
with the very recommendations of the Committee on
Freedom of Association; action and interference by
the Government to encourage the development of
and to promote a new employers’ organization in the
agricultural and livestock sector to the detriment of
FEDENAGA, the most representative organization
in the sector; the arrest of Carlos Fernández on 19
February 2003 in retaliation for his activities as
president of FEDECAMARAS, without a legal
warrant and without the guarantees of due process;
according to the complainant organizations he was
badly treated and insulted by violent groups headed
by a government deputy; the physical, economic and
moral harassment, including threats and attacks, of
the Venezuelan employers and their officials by the
authorities or people close to the Government
(various cases are listed); the operations of violent
paramilitary groups with governmental support,
with actions against the facilities of an employers’
organization and against protest actions by
FEDECAMARAS; the creation of an atmosphere
hostile to employers in order to allow the authorities
(and on occasion to encourage them) to dispossess
and occupy farms in full production, in violation of
the Constitution and legislation and without
following legal procedures; the complainant
organizations refer to 180 cases of illegal invasions
of productive land and indicate that most of these
cases have not been resolved by the relevant
authorities; the application of an exchange control
system decided unilaterally by the authorities,
discriminating against companies belonging to
FEDECAMARAS in administrative authorization
for the purchase of foreign currencies, in retaliation
for participation by this employers’ confederation in
national civic work stoppages
1500. The Committee examined this case at its June 2004 meeting and submitted an interim report to the
Governing Body [see 334th Report, paras. 877-1089, approved by the Governing Body at its
290th Session (June 2004)].
1501. Subsequently, the Government sent new observations in its communications of 22 and 25 February
2005.
1502. Venezuela has ratified the Freedom of Association and Protection of the Right to Organise
Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949
(No. 98).
A. Previous examination of the case
1503. At its May-June 2004 meeting, the Committee on Freedom of Association made the following
recommendations [see 334th Report, paras. 1053-1089, approved by the Governing Body at its
290th Session (June 2004)]:
(a) In a general way, the Committee wishes to underline the seriousness of the allegations and it
regrets that, in spite of the fact that the complaints were presented in March 2003, the
Government’s reply, dated 9 March 2004, does not give specific replies to a large number of
the allegations.
(b) Taking into account the nature of the allegations presented and the Government’s reply, the
Committee expresses generally its serious concern about the poor situation of the rights of
employers’ organizations, their representatives and their members. The Committee draws the
Government’s attention to the fact that the rights of workers’ and employers’ organizations
can only be exercised in a climate that is free from violence, pressure or threats of any kind
against the leaders and members of these organizations; the Committee also underlines that
freedom of association can only be exercised in conditions in which fundamental human
rights, and in particular those relating to human life and personal safety, due process and the
protection of premises and property belonging to workers’ and employers’ organizations, are
fully respected and guaranteed. The Committee urges the Government to fully guarantee
these principles in the future.
(c) The Committee regrets that the Government has not convened the National Tripartite
Commission for a number of years and that it usually does not carry out bipartite or tripartite
consultations with FEDECAMARAS regarding policy-making or legislation that has a
fundamental effect on its interests in labour, social or economic matters, thereby violating the
basic rights of this employers’ confederation; the Committee urges the Government to stop
marginalizing and excluding FEDECAMARAS from social dialogue and, in future, to fully
apply the ILO Constitution and the principles therein on consultation and tripartism. The
Committee also urges the Government, without delay, to convene periodically the National
Tripartite Commission and to examine in this context, together with the social partners, laws
and orders adopted without tripartite consultation.
(d) In the current critical situation facing the country and noting that there has for years existed a
permanent conflict between the Government, on the one hand, and FEDECAMARAS and the
CTV, on the other, the Committee offers the Government the services of the ILO to provide
the State and society with its experience so that the authorities and the social partners may
regain trust and, in a climate of mutual respect, establish a system of labour relations based
on the principles of the ILO Constitution and of its fundamental Conventions, as well as the
full recognition, in all its consequences, of the most representative confederations and all
organizations and significant trends in the labour world.
(e) The Committee urges the Government to reinstate FEDENAGA to the Agricultural and
Livestock Council and to stop favouring CONFAGAN to the detriment of FEDENAGA.
(f) The Committee considers that the arrest of Carlos Fernández, President of FEDECAMARAS,
as well as being discriminatory, aimed to neutralize or act as retaliation against this
employers’ official for his activities in defence of employers’ interests and, therefore, it urges
the Government to take all possible steps to annul immediately the judicial proceedings
against Carlos Fernández and to ensure that he may return to Venezuela without delay and
without risk of reprisal; the Committee requests the Government to keep it informed in this
respect. The Committee deeply deplores the arrest of this employers’ official and emphasizes
that the arrest of employers’ officials for reasons linked to actions relating to legitimate
demands is a serious restriction of their rights and a violation of freedom of association, and
requests the Government to respect this principle; the Committee also requests the
Government to take steps to carry out an investigation into how the police carried out the
arrest of Carlos Fernández, his being imprisoned and held incommunicado for a day and the
type of cell in which he was imprisoned, and to keep it informed in this respect.
(g) With regard to the allegations relating to the application of the new system of exchange
control in 2001 (suspension of free buying and selling of currencies) unilaterally established
by the authorities, discriminating against companies belonging to FEDECAMARAS in the
administrative authorization for the purchase of foreign currencies (in retaliation for its
participation in the national civic work stoppages); having taken account of the alleged
discrimination and serious difficulties expressed by the complainant organizations because of
the negative impact in many industries of this system, the Committee requests the
Government to examine with FEDECAMARAS, without delay, the possibility of modifying
the current system and that it guarantee, meanwhile, in case of complaints, the application of
this system without discrimination of any sort, through impartial bodies. The Committee
requests the Government to keep it informed in this respect.
(h) The Committee urges the Government to take the necessary measures without delay:
(i) to ensure that the authorities do not try to intimidate, pressure or threaten employers
and their organizations for their activities with regard to legitimate demands, in
particular in the communications and in the agro-industrial sectors;
(ii) to carry out, without delay, an investigation with regard to: (1) the acts of vandalism at
the premises of the Lasa Chamber of Commerce by Bolivarian groups supporting the
regime (12 December 2002); (2) the looting of the office of Julio Brazón, president of
CONSECOMERCIO (18 February 2003); (3) the threats of violence on 29 October
2002 by alleged members of the government political party against Adip Anka,
president of the Bejuma Chamber of Commerce;
(iii) to carry out an investigation, without delay, into the allegations relating to 180 cases
(up to April 2003) that have not been resolved by the authorities of illegal invasion of
lands in the states of Anzoátegui, Apure, Barinas, Bolívar, Carabobo, Cojidas, Falcón,
Guárico, Lora, Mérida, Miranda, Monagas, Portuguesa, Sucre, Taclira, Trujillo,
Yanacuy and Zulia, and requests that, in the case of expropriations, it fully respect the
legislation laid down and the relevant procedures; and
(iv) to urgently carry out an independent investigation (by people in whom the workers’ and
employers’ confederations have confidence) into the violent paramilitary groups
mentioned in the allegations (Coordinadora Simón Bolívar, Tupamaros movements and
Círculos Bolivarianos Armados, Quinta República, Juventud Revolucionaria del MVR,
Frente Institucional Militar and Fuerza Bolivariana) with a view to dismantling and
disarming them, and that it ensure that there are no clashes or confrontations between
these groups and protestors in demonstrations, and to keep it informed in this respect.
B. The Government’s new observations
1504. In its communication of 22 February 2005, the Government states, in relation to the Committee’s
recommendation on social dialogue, that the Government takes note of the recommendation of the
honourable Committee in subparagraph (c) of paragraph 1089. On this point, and taking into
consideration the background of destabilization and attacks on democratic institutions, the
Government undertook a series of initiatives to consult about and validate measures and actions
designed to protect the interests and rights of the majority sectors of the country who are victims of
poverty and structural exclusion, due in large measure to the negative impact on these majority
sections generated by unilateral neo-liberal and anti-nationalist policies about which there was no
consultation. Noteworthy among these measures and actions were a set of legal instruments, whose
drafting and approval by the National Executive had been previously authorized by the National
Assembly (enabling act), which were submitted to processes of consultation and dialogue with the
social actors. Although the positions adopted were not those of the business sector, there is no
question of this consultation process not taking place. Perhaps the misunderstanding arose due to
the traditional way in which the dialogue and consultation occurred, in which the Government
surrendered its role of protector of the interests of the majorities, allowing a progressive trimming
of the economic, social and cultural rights of the population.
1505. The Government indicates that the most striking disagreements with these legal provisions were
those relating to demands concerning the privatization of oil and hydrocarbons; land and rural
development; fishing and coasts and the Public Administration Act, the latter giving rise to a
complaint to the Committee, Case No. 2202, subsequently withdrawn by the complainant trade
unions when the observations submitted were remedied. The remainder of the 47 authorized to be
drafted and approved by the National Executive entered into force smoothly and did not give rise to
major comments.
1506. According to the Government, the criticisms that surfaced around this legislation gave rise to
actions against democratic institutions, involving key representatives of the social actors, even to
the point of a coup d’état and sabotage of the country’s main economic activities, with paralysis of
essential public services and causing an acute national crisis in the country.
1507. The Government adds, however, that the complaint which gave rise to this case fails to mention the
process of dialogue conducted by the authorities prior to approval of the legislative measures and
even after their approval consultations took place, without prejudice to recourse to other
mechanisms and remedies set out in the national legal system.
1508. In the latter regard, the Government points to the controversial Land and Rural Development Act
which was challenged in the Constitutional Division of the Supreme Court of Justice, and which led
to several decisions, annulling several of the most controversial articles or provisions. Particular
mention should be made of the decisions of the Constitutional Division of 20 November and
11 December 2002, on the application of the National Federation of Stockbreeders (FEDENAGA),
whose president is Mr. José Luis Betancourt, which declared null articles 89 and 90 of the Decree
with rank of law, the Land and Agrarian Development Act, while at the same time providing an
interpretation of articles 25, 40 and 43 of the Act.
1509. Likewise, the Government states that, following an intensive process of consultation and debate in
the National Assembly, the text originally approved by the National Executive on the Public
Administration Act was revised. Indeed, the new version was approved by the National Assembly
on 11 July 2002, extending rights of freedom of association and collective bargaining. Amendments
resulting from the consultations were even introduced into the original text, which allowed the
Latin-American Workers’ Confederation (CLAT) to withdraw the complaint it had submitted to the
Committee, recognizing the fruits of the dialogue that had taken place. Thus there is little basis for
disputing the form in which the texts were approved by the National Executive as omitting the
power to amend them at a later stage in the National Assembly, and also in the Supreme Court of
Justice.
1510. The Government states that, despite the public actions of Mr. Carlos Fernández in the April 2002
coup d’état, the President of the Republic, in a gesture of humility and magnanimity, invited him a
few days later to participate in the forums for dialogue which he was initiating with the country’s
various social sectors. Despite the fact that Mr. Fernández withdrew from the forums for dialogue
within a few days, in the specific case of the labour sector, these forums for dialogue continued
with grassroots employers’ and workers’ organizations, leading to important sectoral agreements at
grassroots level (in key sectors such as motor vehicles and spare parts, chemicals and
pharmaceuticals, tourism, small and medium-sized enterprises, transport, textiles and clothing,
among others). Therefore the Committee’s statement concerning the supposed deliberate
“marginalization” and “exclusion” of FEDECAMARAS by the Government is perhaps inexact and
insufficient, when paradoxically within a few days of a coup d’état led by the president of
FEDECAMARAS, the vice-president of FEDECAMARAS was asked to form part of the national
social forums for dialogue. In the light of this, it seems more appropriate to state that it was a case
of self-exclusion and self-marginalization.
1511. The Government indicates that in order to overcome the political crisis caused by the coup d’état
led by the president of FEDECAMARAS, Mr. Carmona, the Government in November 2002
launched a process of national dialogue with the opposition. This process of dialogue was
facilitated by the Organization of American States (OAS), the Carter Center and the United Nations
Development Programme (UNDP). The opposition side included a representative of
FEDECAMARAS. This dialogue process took place despite the fact that within a few days
Mr. Fernández, acting as president of FEDECAMARAS, allied himself publicly with an act of
military rebellion led by the generals in the Plaza Altamira de Caracas. In addition, within a few
days, Mr. Fernández led the work stoppage for over two months to bring about the removal of the
President of the Republic. These elements will put into perspective the soundness of the
Committee’s recommendation on the supposed marginalization and exclusion of FEDECAMARAS
from the dialogue. As both the Committee and other ILO monitoring bodies have been informed
repeatedly, the process of dialogue facilitated by the OAS, the Carter Center and the UNDP
culminated in the signing of an agreement on 29 May 2003, which ultimately led to the calling of
the popular referendum on 15 August 2004.
1512. According to the Government, the consultations on minimum wages since 2002 have been
conducted through written requests sent to the various social actors at national, regional and local
level. The measures adopted by the Government in this field, particularly in 2004, permitted a
recovery in workers’ wages against a background of economic growth, and declining rates of
unemployment, informality and inflation.
1513. The Government indicates that the consultations on other work-related measures, such as labour
immobility, agreements of the Andean Community of Nations, action plan on child labour,
ratification of Conventions, Workers’ Food Act, etc. have in most cases been conducted through
correspondence or letters. This government action aimed at all the social actors has intensified since
August 2004.
1514. According to the Government, the consultations on the reform of the Organic Labour Act were
conducted directly with representatives of the various social actors, both in the National Assembly
and the Ministry of Labour.
1515. The Government adds that, following the regional and municipal elections, the Executive Vice-
President of the Republic held meetings with representatives of FEDECAMARAS, at both national
and regional level, and with representatives of the affiliated chambers (CONINDUSTRIA,
CONSECOMERCIO, among others). This effort by the Government is intended to restore social
dialogue with leading social actors, without prejudice to maintaining the impetus of regional and
sectoral meetings such as those held since 2002.
1516. The Government indicates that on 14 January 2005, in an event which had not occurred since 2001,
the president of FEDECAMARAS attended the session where the President of the Republic
reported to the nation on the management of the previous year.
1517. For the Government, as well as an immediate commitment of the National Executive, this effort to
meet also directly involved the presidency of the National Assembly, where the national committee
of FEDECAMARAS was recently received. This aspect is of particular importance because the
President of the National Assembly comes from the Caracas Metro Workers’ Union which
committed itself to promoting a common agenda for labour legislation, in particular reform of the
Organic Labour Act.
1518. As regards social dialogue in a direct and participate democracy, the Government indicates that, in
paragraph 1066, the Committee rightly “recalls that the 1944 Declaration of Philadelphia that forms
part of the ILO Constitution reaffirms among the fundamental principles on which the ILO is based,
the following: the war against want requires to be carried on with unrelenting vigour within each
nation, and by continuous and concerted international effort in which the representatives of workers
and employers, enjoying equal status with those of governments, join with them in free discussion
and democratic decision with a view to the promotion of the common welfare”.
1519. The Government indicates that the Committee’s observation in the previous paragraph is also
shared by the Government, which highlights that in no other period of the country’s history has
there been an inclusive policy of consultation and decision-making involving all elements of
Venezuelan society, both organized and otherwise. In the specific case of employers’ organizations,
the terms “inclusive” and “grassroots” as part of this dialogue should be highlighted, due to the fact
that in the past broad swathes of employers’ and workers’ sectors were left out of the discussions
and decisions which affected or regulated their relations with the Venezuelan State, and as
established in the Declaration of Philadelphia “the representatives of workers and employers,
enjoying equal status with those of governments, join with them in free discussion and democratic
decision with a view to the promotion of the common welfare”.
1520. In this regard, what the Government has done is to enlarge the basis of the customary consultations
or dialogue which took place during the so-called “representative” democracy which existed in the
Republic until 1999, dominated by the exclusiveness and privilege of the employers’
representation, before giving way to plurality instead of exclusion, allowing, for example, the
Federation of Artisans, Micro, Small and Medium-Sized Industrialists of Venezuela
(FEDEINDUSTRIA), founded over 30 years ago, to participate in forums for dialogue or
consultations, something which was not usual until the present Government came into power.
1521. The Government adds that it is important to stress than, in terms of bipartite and tripartite dialogue
and consultation since 1999, what was done was simply to comply with the ILO Constitution and
the provisions of the Conventions duly ratified by the Republic, highlighting in this process the
importance of including participatory, proactive and inclusive democracy, i.e. that the country’s
important decisions are the subject of wide consultation with all members of the different
productive sectors, in this case old and new employers’ organizations.
1522. Consequently, what has been seen is that the conduct of FEDECAMARAS from 2001 up to
November 2004 was directed – inexplicably – at marginalizing and excluding itself, by changing
from a social actor to a political one, causing economic losses to a large number of its members,
promoting disregard for legality, and evading its social obligations and responsibilities. Such acts
are not only contrary to the spirit of social dialogue in a democratic framework, but contrary to the
social state under the rule of law and justice with which Venezuelan men and women are blessed
under the Constitution.
1523. According to the Government, the process of establishing mechanisms of consultation and
participation is what has made economic recovery possible, generating new fair and decent work,
progressively surmounting social exclusion and enhancing the quality of life of the population,
correcting in ample measure the various situations noted by the complainants and the Government
before the Committee in March 2003 and March 2004.
1524. As regards the statements concerning the responsibility of FEDECAMARAS, like the Committee,
the Government also regrets the discrediting of FEDECAMARAS and its officials (paragraph 1057
of the Conclusions). However, it should be stressed that, at the time of the events at the end of
2001, throughout 2002 and early 2003, there were few protests by other employers affiliated to the
employers’ organization expressing their disagreement or differences with the leadership indicated
in advance (prior to the actions of Mr. Carmona and Mr. Fernández).
1525. In this case, the Government is referring to employers affiliated to FEDECAMARAS who at that
point in time and in the then political situation, did not express their disagreement with the wellknown
public actions of their leaders. In any case, as was already made clear, the Government
points out that, since then, matters have been evolving in a positive way, particularly since the
holding of the presidential referendum of 15 August and the regional and municipal elections of
31 October 2004. The new political events have enabled the re-establishment of forums for meeting
and dialogue, turning the page on the rifts that occurred between 2001 and 2003. Thus, many of the
unconstitutional and illegal actions perpetrated against Venezuela’s institutions and people are now
in the hands of the respective law enforcement agencies and the courts (Office of the Attorney-
General and the Judicial Power), where those under investigation enjoy due guarantees in the
framework of due process.
1526. In its communication of 25 February 2005, concerning the coup d’état of April 2002, the
Government draws to the Committee’s attention that, in its conclusions (paragraph 1055), it should
take into account, based on the observations submitted by the Government, that “the Committee
observes that in response to the complaint as a whole and to an incidental claim by the
complainants (that the national civic work stoppage on 9, 10 and 11 April 2002 led to the national
crisis that resulted in the resignation of the President of the Republic which was publicly confirmed
by the country’s highest military official, but that only lasted a few days as it was later cancelled by
the President himself) …”.
1527. The Government points out that, in highlighting the facts, the Committee contradicts itself, since it
states in paragraph 1056 “… that this complaint does not relate to Pedro Carmona, that the
allegations relate to situations both preceding and following the events of 12 and 13 April 2002
(above all the national civic work stoppages of December 2002 to January 2003), that its mandate is
limited to examining the allegations of violations of the rights of workers’ and employers’
organizations, their representatives and affiliates, and that it is not the competent international
forum to deal with questions of an exclusively political nature”.
1528. The Government indicates that the Committee itself supports the Government’s argument through
an “incidental claim by the complainants” [IOE – FEDECAMARAS], in other words, the
complainants themselves assume the involvement of the employers’ organizations and their then
leaders in the observations made by the Government in March 2004 which the Committee
summarizes in paragraph 1056.
1529. For the Government, the participation, inter-dependency and relationship that existed between both
members of the FEDECAMARAS leadership (whose president was Mr. Carmona and vicepresident
Mr. Fernández) in the events of April 2002 is clear. The actions by both led to a coup
d’état. These actions are evidenced in documents and newspaper articles provided by the
Government to the Committee in its observations of March 2004.
1530. The Government refers to the Committee’s summary in paragraph 924 (the Government’s reply),
which it quotes: “Carlos Fernández succeeded Carmona Estanca in the presidency of
FEDECAMARAS, as he was the first vice-president of the association when the unconstitutional
presidency of Carmona Estanca as de facto President was announced. The first official act of Carlos
Fernández as president of FEDECAMARAS was to acknowledge the regime of Carmona Estanca,
and it was on 12 April 2002 that Mr. Fernández signed the ‘Act of Constitution of the Government
of Democratic Transition and National Unity’ as representative of the employers. The Act referred
to tried unconstitutionally to justify the coup d’état by the employers, the military, opposition
political parties and a minority of ‘civil society’ with the so-called ‘Government of Democratic
Transition and National Unity’”.
1531. The Government adds that the cited observations were accompanied by the copy of the Act of the
so-called transitional government over which Mr. Carmona presided for a few hours and which
Mr. Fernández endorsed with his signature on behalf of the employers of Venezuela. These actions,
the Government recalls, led to:
– the removal and persecution of the President of the Republic, the Executive Vice-President of
the Republic, ministers and other government officials;
– the removal and persecution of governors and mayors belonging to the government party,
previously elected (like the President of the Republic) by the will of the people;
– removal and suppression of the National Assembly (National Legislative Power);
– removal of the judges of the Supreme Court of Justice (Judicial Power);
– removal of the Office of the Attorney-General, Office of the Ombudsman and Office of the
Comptroller-General of the Republic (Civil Power); and
– removal of the judges of the National Electoral Council (Electoral Power).
1532. The Government adds that these acts transmitted throughout the country by radio and television
clearly showed that these representatives of FEDECAMARAS (president and vice-president) were
acting contrary to the Constitution, laws and international Conventions on human rights. These acts
include the unconstitutional detention or deprivation of liberty, in the form of kidnapping of the
President of the Republic, legitimately elected in 2000 by the vast majority of the Venezuelan
people (over 60 per cent of the vote).
1533. The Government states that any attempt to distinguish the action of Mr. Carmona from that
subsequently taken by Mr. Fernández is a serious error, both in historical and legal terms, since it
was a case of a series of facts or events related to each other, as shown by the actions that were
taken.
1534. For example, the Government adds, prior to the indefinite employers’ stoppages of December 2002
and January 2003, there had already been the employers’ stoppage of 10 December 2001, the
employers’ stoppage of 9, 10 and 11 April 2002 and the employer’s stoppage of 21 October 2002.
In all those cases, those who represented FEDECAMARAS as president (first Mr. Carmona and
later Mr. Fernández) acted with the support of private television and radio companies on public
channels, directing their actions against the democratic system.
1535. As regards the judicial detention of Mr. Carlos Fernández, the Government is concerned at the
statements by the Committee on Freedom of Association in its interim conclusions on the judicial
detention of Mr. Carlos Fernández, the opinions expressed by the Committee on Freedom of
Association and adopted by the Governing Board with the respective reservations by the
Government of Venezuela at the 290th Session of the Governing Board (summary record of the
meeting annexed). The Committee exceeds its powers on the substance of the matter, when it
overlooks the principles of international law on the burden of proof and evaluation of evidence.
Consequently, its conclusions are reckless and mistaken because they are based on false
suppositions. The Government stresses that Mr. Carlos Fernández is a fugitive from justice, which
places him in a special position because he has evaded justice.
1536. In the Government’s opinion, the Committee exceeds its powers on the substance of the matter
when it passes judgment on matters which are a matter for the criminal courts of Venezuela and
which are not established in Conventions Nos. 87 and 98. According to the Government, in
pronouncing on whether a person has been the victim of ill-treatment during his detention, the
Committee did not take sufficiently into account the observations submitted in this case, as set out
in the reply and annexes in March 2004.
1537. The Government indicates that the Committee overlooks the principles of international law
concerning the burden of proof and evaluation of evidence. Indeed, according to the Government,
the Committee reverses the burden of proof and its evaluation of the evidence submitted by the
parties is inadequate. The Committee, by breaching the principles of international law, reverses the
burden of proof and finds the complainants’ statements to be true even when the Government
presented solid evidence and documents such as judicial decisions, and statements by the alleged
victim and his wife to the mass media.
1538. Concerning the putative ill-treatment alleged by the complainants, the Government states that,
while the complainants stated in the Committee that Mr. Fernández had been ill-treated, the alleged
victim never made any complaint in that respect to any national authority. This is a negative fact
about which the Government cannot present any evidence, it being up to the complainants to
provide evidence that Mr. Fernández entered a complaint of any kind for alleged human rights
violations. In this respect, they should annex the complaints made to the competent judicial organs,
i.e. the Office of the Attorney-General and the Office of the Ombudsman. Unlike the complainants,
the Government submitted documentary evidence consisting of statements to the mass media by
Mr. Fernández’ wife saying that he had been well treated.
1539. The Government adds that faced with the above situation, the Committee rejects the evidence
presented by the State because it considered that it is “of limited value as evidence”. By virtue of
the application of the principles of burden of proof, even if a more limited role is given to the value
of a statement to the press, the Committee should give it precedence over the statements by the
complainants to the Committee on Freedom of Association. The Committee’s conclusions and
recommendations “to carry out an investigation in this respect and to keep it informed” are futile
and difficult to comply with, since the Government cannot initiate an investigation into facts which
have never been reported to it by Mr. Carlos Fernández. The Government reiterates that the
conditions under which Mr. Fernández was arrested were in accordance with the law and he did not
suffer any ill-treatment during his judicial arrest and brief imprisonment.
1540. The Government urges the Committee on Freedom of Association to send the evidence presented
by FEDECAMARAS and the IOE in support of the alleged ill-treatment that caused injuries and
bruises to Mr. Carlos Fernández at the time of his arrest and imprisonment, such as forensic
examinations (physical and psychological), as this would lend greater credibility to the statements
of the complainants and the Committee on Freedom of Association.
1541. With regard to the alleged violation of due process to which the Committee refers (paragraph 1075
and following), it is the Government’s opinion that although the complainants stated to the
Committee that Mr. Fernández’ right to due process had been violated, the Government maintains
that in the present case the judicial organs respected due process, since the arrested person was
immediately brought before a judge and the judge took measures concerning his detention in a
reasonable time and in accordance with the current law. In this regard, the Government reiterates
the following observations:
(1) The detention of Carlos Fernández occurred following a legally valid request executed by the
Office of the Attorney-General of the Republic, in the person of the Sixth Prosecuting
Attorney of the Office of the Attorney-General.
(2) The proceedings were originally initiated for the offences of instigation to commit an offence,
devastation, incitement to conspire and treason, at the request of the Office of the Attorney-
General of the Republic, in accordance with the organic Criminal Procedures Code (COPP).
These accusations were brought against him given the extent of the evidence of damage to the
country by the repeated public protests by Mr. Fernández which gave rise, among other things,
to sabotage of the oil industry, closing of food-producing firms during the public and
notorious leadership by Mr. Fernández of the so-called “civic work stoppage” or lockout that
took place in December 2002 and January 2003.
(3) The trial judge was No. 34 of the criminal jurisdiction of the Metropolitan Area of Caracas,
who in turn was challenged by the defence lawyers of Mr. Fernández, exercising his human
right to defence, and the case was transferred to trial judge No. 49.
(4) The offences of treason, incitement to conspire (conspiracy) and devastation were not
accepted by the new judge but the judge upheld the accusations of civil rebellion and
instigation to commit offences and ordered Mr. Fernández to be placed under house arrest (at his residence and home), as he suffered from blood pressure problems, thus enjoying procedural privileges and special treatment during the trial proceedings as laid down in our criminal procedures legislation.
(5) It should be noted that on 30 January 2003, before his judicial detention, Mr. Fernández made a statement as a witness at the premises of the Office of the Attorney-General, following which he had been summoned to make another statement as a defendant, a summons that he did not attend.
(6) Consequently, on 18 February 2003, the representatives of the Attorney-General requested the trial judge for the arrest of Mr. Fernández and that he should be brought before the jurisdictional body, and the judge to rule as appropriate.
(7) On 19 February 2003, Court No. 34, in the exercise of its powers, agreed to the request and issued an order for the arrest and detention of Mr. Fernández.
(8) On 20 March 2003, the Appeals Court decided to free Mr. Fernández, withdrawing the charges against him. Mr. Fernández then immediately left the country.
(9) On 20 March 2003, in the Appeals Court of Caracas, the Sixth Prosecuting Attorney in the Office of the Attorney-General lodged an appeal for the protection of constitutional rights (amparo) with the Constitutional Division of the Supreme Court of Justice which accepted the allegations set out by the Office of the Attorney-General of the Republic and once again ordered the house arrest of Mr. Carlos Fernández. The Supreme Court of Justice upheld the detention order in a decision read out by the president of the Court on 2 August 2003. As
Mr. Fernández was outside the country and did not report to the judicial authorities, he is thus a fugitive from Venezuelan justice.
1542. The Government indicates that, in paragraph 1076 of the report, the Committee observes that the Government had conveyed the decision of the Supreme Court of Justice (8 August 2003) that revoked the decision of the Appeals Court on procedural grounds (missing signature of one of the three magistrates (21 March 2003) who, for reasons of health, had been absent from the court for some hours).
1543. The Government stresses that in any trial, mishaps may occur. In the case of Mr. Fernández, the mishaps that arose were resolved satisfactorily. Specifically, the charges and and other recourse exercised by a plaintiff may not be interpreted, nor should the Committee be “surprised” that “a judge was challenged; three of the charges were suppressed by another judge and the Appeals Court ended up dropping all of them” (…) “The decision of this court was appealed in the Supreme Court of Justice, which revoked it on procedural grounds and once again, at the request of the Office of the Attorney-General (the same prosecuting attorney that had originally accused him of the five offences) ordered the arrest of Mr. Fernández.” All these observations by the Government show that in Venezuela the justice system is autonomous, independent and impartial.
1544. Moreover, the Government is concerned that the Committee did not express an opinion on and did not take into account the Government’s explanations in its reply of March 2004 concerning the conduct of the trade union officials, which was in violation of Article 8 of Convention No. 87: “In exercising the rights provided for in this Convention workers and employers and their respective organisations, like other persons or organised collectivities, shall respect the law of the land”.
1545. The Government indicates that it is clear that the detention of Mr. Carlos Fernández, president of FEDECAMARAS in this instance, having succeeded the dictator Pedro Carmona Estanca, is directly and immediately linked to the employers’ lockout and oil stoppage which took place from 2 December 2002 to the end of January 2003. These are offences laid down in law prior to the events themselves and before the current President of the Republic took office. The Government stresses, as laid down in Article 8 of Convention No. 87 cited above, that no political or trade union
activity means, nor can mean, licence to commit offences.
1546. As regards the supposed legitimacy given to the so-called “civic work stoppage” of December 2002 and January 2003, the Government states that, in paragraphs 1080, 1081 and 1082, the Committee refers in worrying terms to the economic sabotage imposed in an anti-democratic manner for two months by the political opposition including the employers’ organization FEDECAMARAS as
“civic work stoppages”. The Government’s attention, as representative of the Venezuelan people from which it derives its existence and the legitimacy of its mandates, is drawn to the subtle justification and even validation of breaking the law applicable in the Bolivarian Republic of Venezuela, in relation to the said stoppage. In this regard, reference is made to paragraphs 1080, 1081 and 1082 (part) of the report in question.
1547. The Government indicates that the conclusions expressed by the Committee in this regard are similar to the grounds wrongly asserted by opposition parties during the so-called “civic work stoppage” to justify human rights violations on a massive scale and interruption of essential public services, which seemed to be validated as the inevitable and necessary consequences or lesser evils of the promotion of the stoppage organized against the legitimate authorities and against the Constitution of the Republic.
1548. The Government adds that the extremely broad definition of human rights enshrined in the Constitution is no reason to seek to justify actions in the name of neo-liberalism and neo-fascism to the detriment of the majority and the democratic system which this majority choose freely and in the exercise of its sovereignty.
1549. Thus, the Government indicates, in relation to articles 53 and 97 of the Constitution, the Committee errs in both cases in omitting the provision that rights of public assembly and strike must be exercised in express compliance with the respective laws.
1550. The Government adds that in this regard, article 53 of the Constitution states: “Any person shall have the right to meet, in public or in private, without prior authorization, for lawful purposes and without arms. Meetings in public places shall be regulated by law”. The expression “regulated by law” denotes the importance that this provision of the Constitution attaches to people’s right of assembly, without seeking to undermine the exercise of other rights by the remainder of the
population, such as the right to life, food, freedom of movement, etc. However, what is of concern is the expression ignored by the Committee “… for lawful purposes and without arms. Meetings in public places shall be regulated by law”. This needs emphasizing, since precisely what Mr. Fernández was doing was to incite incessantly to violence and breach of the law.
1551. Thus, the Government indicates, the Committee erred in its conclusions by including the phrase “very generously”, alluding in a partial manner to the provisions of the Constitution “and the right to strike, in the public and private sector” (article 97), inexplicably ignoring the rest of article 97 “shall have the right to strike, under such conditions as are established by law”. It is important to
stress that the promoters and leaders of the so-called “civic work stoppage” did not comply with the special legislation, the Organic Labour Act, Title VII, Collective Labour Rights, specifically on the regulation of the right to strike.
1552. The Government states that, in the case of the right to strike to which article 97 of the Constitution refers, the Organic Labour Act, which came into force in 1990 and was reformed in 1997, not only expressly does not recognize the concept of general strike but also expressly abolished the concept of lock-out, in contrast to its recognition in the repealed 1936 law. The abolition of the concept of lock-out in the 1990 Organic Labour Act (known as the Caldera Act) was considered as very
appropriate by the social actors, which regarded it as a step forward in protection against anti-trade union practices. In any case, the Organic Labour Act and its subsidiary regulations expressly establish the requirements and conditions for the exercise of the right to strike, which may never affect the rights of others and even less so the rights of majorities of the population.
1553. The Government indicates that these aspects were sufficiently supported in the observations sent by the Government in March 2004, because the law specifically guarantees peaceful coexistence of citizens and prevention of anarchy, abuse by a few to the detriment of the majority and contempt for the freedom of all. Thus, those who deliberately ignore it, as well as placing human rights in jeopardy, must be subject for their actions to the appropriate sanctions laid down through due
process in the competent judicial organs.
1554. The Government states that, as established in its previous replies on the same events of December 2002 and January 2003 (Case No. 2249), the Committee seems to have fallen unnecessarily into contradictions, including with its own doctrine on paralysis of essential public services, general strike, acute national crisis, among other issues. The Committee’s clear contradiction of a doctrine built up over the years, as well as implying a negative or regressive precedent with respect to human rights, is a worrying signal with regard to legal certainty for members of the Organization.
1555. As to the inappropriate justification of the so-called civic work stoppage based on article 350 of the Constitution of the Republic, the Government indicates that it might be interpreted that the Committee is trying to minimize or divert attention from the Government’s allegations submitted in March 2004, as well as seeking to criticize the Constitution by using the expression “very generously”. The broad recognition in the Constitution of rights and guarantees and of a deeply
democratic and participatory economic, social, political system cannot be taken and used to distort its content, since the Constitution itself establishes parameters to prevent this, together with the respective laws and court decisions which interpret it.
1556. Thus, the Government states that the unconstitutional and illegal nature of the so-called “civic work stoppage” cannot be justified by the phrase “very generously”, by which the Committee refers to the Constitution, especially as it does not take sufficient account of the observations sent by the Government in March 2004. In the light of this situation, we request the Committee on Freedom of
Association to provide detailed clarification of the thinking behind its interpretation of our Constitution. This clarification could also involve other organs of the Organization in relation to article 350 of the Constitution.
1557. The Government states that the Committee’s interpretation in paragraph 1082 of article 350 of the Constitution coincides with the interpretation made and wrongly invoked by the political opposition. It should be indicated that in this regard the Supreme Court of Justice, in a judgement of the Constitutional Division of 22 January 2003 (annexed by the Government) interpreted the said article 350 and set aside the incorrect interpretations of that article of the Constitution.
1558. The Government indicates that the judgement in question was subsequently ratified by the Constitutional Division of the Supreme Court of Justice itself on 13 February 2003. Both judgements already existed and were fully known, due to the importance of the subject, at the date of the submission of the complaint by FEDECAMARAS and the IOE on 17 March 2003. In other words, they were handed down almost two months before the submission of the abovementioned complaint to the Committee, which shows that they did not act with due reasonableness and
fairness before this tripartite body, i.e. in seeking the truth on the interpretation of this constitutional provision.
1559. In any case, the Government points out that, the Committee was informed by the Government of both judgements of the Supreme Court of Justice in a Case (No. 2249) dealing with the same events and the actors acting jointly with FEDECAMARAS in the so-called “civic work stoppage” in a letter sent on 15 June 2004, specifically pages 20-24 inclusive.
1560. The Government indicates that the above is intended to alert the Committee to its mistaken conclusions concerning article 350 of the Constitution of the Bolivarian Republic of Venezuela, since according to the interpretations of the Committee on Freedom of Association, “because this is a recent Constitution, these rights have not been developed in legislation (for example, in cases of
conflicts of constitutional rights; or of minimum services to be maintained during strikes)”.
1561. On the decision on exchange control and control of issue of foreign currency, the Government views with concern that in paragraph 1085 of the 334th Report, there was minimal mention of the reasons justifying such an urgent and necessary measure as the establishment of exchange control, creating for the purpose the Foreign Exchange Control Commission (CADIVI). In this respect, the Government reiterates that its reply sent in March 2004 contained sufficient explanation, and now
provides further details by annexing information on foreign currency authorized, as well as making available to the Committee the explanation by the Ministry of Labour in the abovementioned communication of 10 January this year, including annexes in accordance with the procedure established in article 26 of the ILO Constitution:
With respect to the alleged discrimination in the foreign exchange administration and control system, this was a measure adopted by the Government to control the massive and deliberate flight which depleted international reserves and led to rising inflation in the country which affected access by the population to food and basic services. Employers must satisfy the basic conditions (lack of indebtedness to the tax and social security administration) and in the event of mishaps in
the process they may resort to the administrative and judicial authorities. In any case, given the imprecise and general nature of the allegation formulated by the complainants, we consider that they confused the teething problems in implementing a foreign exchange control and administration system with discriminatory action. It is certainly true that historically similar problems of implementation arose when similar measures were taken in 1961, 1983 and 1994. In order to refute the allegations of the complainants, the distribution of foreign exchange at the end of
2004 is shown in the annexes. This distribution covered all productive sectors, including nationally and internationally owned companies.
1562. In turn, the Government indicates, the Minister of Labour observed in the same communication that:
The Committee, without identifying the companies affected by alleged discriminatory
treatment, requests the Government to “modify the current system”, which invades areas of monetary and exchange policy, adopted after a massive capital flight intended to create political instability in 2002 and 2003. This capital flight, as it happened, was accompanied by basic food shortages and sabotage of essential public services (in particular petrol and domestic gas), thereby endangering the lives, health and safety of the country’s population.
1563. The Government says that it still hopes at the present time that the complainants and the Committee on Freedom of Association itself will officially convey the list showing the precise identity of the firms affected by the discriminatory application of the foreign exchange control system operating in
the country since 2003. The Government hopes that the complainants will present formal
complaints to the competent national authorities with respect to the alleged discriminatory
treatment to which the Committee’s report refers.
1564. The Government places on record that it has held regular meetings with the employers’ sector, in
particular, the industrial sector affiliated to FEDECAMARAS, and the social actors to resolve
problems in the application of the system and to correct its failings. An example of this is the
meetings held by CONINDUSTRIA with CADIVI last November.
1565. The Government has systematically explained to the ILO monitoring organs that the existence of
armed groups is completely false, let alone that these alleged groups have the support of the
Government or other government authorities.
1566. The Government also notes that, according to the 334th Report, paragraph 1087, the Committee
regrets that the Government has not specifically replied to these allegations. In this respect, the
Government reports that the complainants do not attach the relevant complaints concerning the
events about which the Committee requests the Government to inform it in paragraph 1087.
1567. The Government stresses that the specific political violence and intolerance by the sectors in
dispute during 2002 and part of 2003, the product of political polarization, which has now been
overcome, was a problem addressed from the outset in the so-called Table for Negotiation and
Agreement (November 2002-May 2003) facilitated by the Carter Center, the United Nations
Development Programme (UNDP) and the Organization of American States (OAS). This forum for
dialogue managed to achieve a commitment by both sectors (Government and opposition) to
condemn violence, followed by an important product of the agreement, namely the Decree on the
disarming of the population (illegal arms) and suspension of the carrying of arms without exception
for all citizens of the Republic, in order to establish and maintain a reliable register of those with
permits to carry arms in accordance with the law. In addition, the Constitution of the Republic
clearly establishes that the State has a monopoly of arms.
1568. In any case, the Government states that the Committee was informed of this and the respective
agreements of the Table for Negotiation and Agreement were submitted to it, stressing the
participation of FEDECAMARAS on a permanent basis through the president of one of its
branches, the Venezuelan Chamber of Food (CAVIDEA).
1569. With respect to the above paragraph, the Government reiterates its comments on the matter in its
communication (already indicated), No. 004 of 10 January 2005, which states:
The Committee recommended the Government to establish an “independent” commission,
(by people responsible for the coups d’état and petroleum lock-out in 2002-2003, with a view to
“dismantling”, proscribing or banning various social organizations which exercise the right of
association. Among them the Quinta República Movement, a government party with a majority in
the National Assembly as well as in 20 of the 22 State governments and 270 of the 340
municipalities in the country and Juventud Revolucionaria del MVR. This political party has won
nine national, regional and local elections between 1998 and the present. It should be noted that the
Committee on Freedom of Association requested the “dismantling” of the main political party in
Venezuela and other legally constituted social organizations, which is legally impossible, and
would not be feasible in practise. (Annexed is a press article which mentions the MVR as the main
political party).
1570. As regards the investigation into acts of vandalism and 180 cases of alleged invasion of farms, the
Government states what was already explained in the abovementioned letter No. 004 of 10 January
2005, as follows:
As regards the alleged harassment of members of the employers’ organization, it should be
stressed that despite the tension experienced at times during the period concerned here, no trade
union or employers’ leader was arrested and no trade union office raided, except for those specific
measures implemented in accordance with judicial decisions and those of the Office of the
Attorney-General. These judicial decisions are directly linked to the investigation into those
responsible for the coup d’état in April 2002 and the economic and oil sabotage in December 2002
and January 2003. The provisions of the Convention do not authorize or lend legitimacy to acts in
violation of the law, but on the contrary require representatives of the social actors to respect the
basic rules for living together in a democracy. The measures adopted by the police authorities were
always the result of proceedings and previous decisions by the independent and autonomous organs
of the public power, which did not involve persecution or limitation of the exercise of rights and
freedoms of association.
1571. Regarding the alleged invasions of farms (180) and other abuses, which, according to the
employers’ organization, were suffered by the president of CONSECOMERCIO, Mr. Julio Brazón,
during an alleged looting of his office, and the harassing of the president of the Bejuma Chamber of
Commerce, Mr. Adip Anka, in the form of alleged threats of violence by alleged members of the
government party, the Government considers that there is no basis whatsoever in either case, and
there is no evidence to support or prove them.
1572. The Government states that the institutions and population in general are fully aware that
Venezuela functions under the rule of law and justice, such that whenever there is a breach or
violation of the law, the facts must be reported to the appropriate authorities. For this purpose, a
complaint must be made to the competent authorities providing evidence of the facts. As evidence
that what the complainants in this case allege happened actually happened, the complainants could
at least have annexed the respective complaints to the administrative and judicial authorities of the
Venezuelan State to the written submission to the Committee on Freedom of Association. The
Government therefore regrets that the allegations of the employers’ organization FEDECAMARAS
were not supported by sound evidence and requests the Committee to consider this aspect, and to
discount it for the reasons set out above.
1573. As to the comments on enabling acts, the Government reiterates what it stated in its reply sent in its
communication No. 094 of 9 March 2004, and also sets out what it indicated in its communication
of 10 January, namely:
As regards the approval of laws passed in the context of an enabling act of 2000,
consultations were held with all sectors, mainly in August 2001, following a systematic method of
work and timetable, in particular with FEDECAMARAS and its affiliated organizations. However,
it should be clearly understood that after consulting with the sectors concerned and listening to their
particular interests, the State adopted measures in which the general interest of the population was
given priority or preference, particularly excluded sectors in the urban and rural areas,
demonstrating the exercise of political will in accordance with the majority of the electorate which
elected it. In any case, any disputes of particular items of the content were examined and decided at
the time by the Supreme Court of Justice of Venezuela, and the necessary corrective measures
taken, including declaring null certain specific provisions of various bodies of legislation.
1574. In any case, the Government informs the Committee of the results of the appeals by the employers
affiliated to FEDECAMARAS in relation to the decree-laws under the Enabling Act and the
consultations in the National Assembly concerning review and correction of some articles of those
decree-laws. These can be summarized as follows:
On the Decree with rank and force of law, Land and Agrarian Development Act, published in
the Official Gazette, No. 37,323 of 13 November 2001, it should be pointed out that the Supreme
Court of Justice, Constitutional Division, ruled as follows:
ONE: the articles of the laws set out in articles 82 and 84 of the Decree with rank and force
of law, Land and Agrarian Development Act published in the Official Gazette, No. 37,323 of
13 November 2001 are held to be constitutional.
TWO: interprets and, in consequence, recognizes, in the terms set out in this ruling, the full
force and validity of the provisions contained in articles 25, 40 and 43 of the Decree with rank and
force of law, Land and Agrarian Development Act published in the Official Gazette, No. 37,323 of
13 November 2001.
THREE: articles 89 and 90 of the Decree with rank and force of law, Land and Agrarian
Development Act published in the Official Gazette, No. 37,323 of 13 November 2001 are found to
be unconstitutional.
FOUR: in accordance with the provisions of articles 119 and 120 of the Organic Act of the
Supreme Court of Justice, the immediate publication of this judgement in the Official Gazette of
Venezuela is ordered, stating in the summary the following title:
Ruling of the Supreme Court of Justice, in the Constitutional Division, which holds that
articles 82 and 84 are constitutional; which finds that articles 89 and 90 are unconstitutional; and
interpretation of articles 25, 40 and 43 of the Decree with rank and force of law, Land and Agrarian
Development Act published in the Official Gazette, No. 37,323 of 13 November 2001.
FIVE: The effects of this ruling shall be effective with immediate effect, that is from their
publication in the Official Gazette.
To be published, recorded and notified. Let what is ordered be done.
Done, signed and sealed in the chamber of the Constitutional Division of the Supreme Court
of Justice, in Caracas, on this 20th day of the month of November two thousand (2000). Year: 192
of Independence and 143 of the Federation.
The President …
1575. The Government states that the Supreme Court of Justice, Constitutional Division, in Ruling
No. 1157 of 15 May 2003, upheld the application in the present case against Decrees Nos. 1546 and
5120 with force of law, the Land and Agrarian Development Act and the Organic Hydrocarbons
Act, published in the Official Gazette of the Bolivarian Republic of Venezuela, No. 37,323 of
13 November 2001.
1576. On the Public Registry and Notaries Act (enabling act) the Supreme Court of Justice, Constitutional
Division, on 15 July 2003, admitted an action in respect of the unconstitutionality of articles 14, 15,
62, 63, 64, 65 and 66 of that Act.
1577. On the Fisheries and Fish-farming Act (enabling act), the application for nullity on the grounds of
unconstitutionality and the request for a temporary injunction to suspend the effects of the decreelaw,
the Constitutional Division of the Supreme Court of Justice declared inadmissible the
application for a temporary injunction, in Judgement No. 408 of 8 March 2002. However, the
National Assembly partly reformed that law, which is intended to regulate the fisheries and fishfarming
sector by means of provisions which allow the State to encourage, promote, develop and
regulate fisheries, fish-farming and related activities, based on guiding principles which ensure the
production, conservation, control, administration, promotion, research and responsible and
sustainable exploitation of fish-stocks, taking into account the relevant biological, technological,
economic, food security, social, cultural, environmental and commercial aspects.
1578. The Government states that on the decree with force of law, the Coastal Zones Act, which was
republished in Official Gazette No. 37,349 of 19 December 2001, it is clear that “it reserves the
rights legally acquired by private individuals …”. With respect to this law, it should be borne in
mind that article 9 of Decree No. 1468 with force of law, the Coastal Zones Act, published in the
Official Gazette No. 37,319 of 7 November 2001, was declared null on 24 September 2003 in
Judgement No. 2573-240903-01-2847.
1579. With respect to Decree with Force and Rank of Law, No. 126, which establishes the value added
tax, partly amended by the National Assembly, Official Gazette, special edition, No. 5,600 of
26 August 2002, the Government states that the Supreme Court of Justice, in Judgement No. 1505
of 5 June 2003, declared admissible the action for protection of constitutional rights (amparo)
brought by Fernando José Bianco Colmenares, acting as president of the College of Physicians of
the Metropolitan District of Caracas and in defence of the broad interests of all Venezuelans against
the provision in article 63, paragraph 5, of the Act to amend in part the Value Added Tax Act,
published in the Official Gazette, special edition, No. 5,600 of 26 August 2002 and reprinted for
material error in Official Gazette, special edition, No. 5,601 of 30 August 2002. In this case, the
Court ruled that the Act did not apply to all value added taxpayers who provided or received private
medical services, dental services, surgery and hospitalization, given the effective protection of the
general rights and interests inherent in the present case; and in order to ensure effective tax justice,
it declared medical and healthcare services, dental services, surgery and hospitalization provided by
private bodies exempt from value added tax, for which reason article 3 also of the Act in question
did not apply with respect to those services. This means that in this matter, the provisions of the
original decree-law in respect of the abovementioned services are reinstated.
1580. The Government indicates that the foregoing summary complements the observations provided in
March 2004 on enabling acts, showing that, in the face of non-conformity by the complainants, the
Supreme Court of Justice and the National Assembly acted in favour of social harmony and the
interests of the Venezuelan population as a whole and the priority economic and political sectors
with which it historically maintained relations.
1581. As regards the alleged exclusion and marginalization of FEDENAGA, the Government states that
FEDENAGA took part in the forums for social dialogue which were held following the failed coup
d’état in 2002, which makes it surprising that they should now say that they were not invited.
Another problem is the fact that they abandoned this legitimate path provided by the Government
using their self-exclusion as justification for their subsequent involvement and participation in the
work stoppage called by Mr. Carlos Fernández at the end of 2002.
1582. The Government states that it recognizes the employers’ organization FEDECAMARAS and
welcomes the positive change in the attitude of FEDECAMARAS as can be seen from its
communication No. 004 of 10 January 2005, in which we state that:
Following the holding of the presidential referendum in August 2004 and the regional and
municipal elections in October 2004, a positive development on the part of the FEDECAMARAS
leadership can be seen, shifting from disregard for the will of the people, initially coming to a head
in loud claims of “electronic fraud”, to an appreciation of the efforts made by the Government to
restore a climate of social dialogue, with the active participation of the Executive Vice-President of
the Republic, as well as several ministries, including the Ministry of Labour. In the latter case, we
stress the initiatives taken in promoting consultation on reform of the Organic Labour Act and the
various social security laws. Thus the FEDECAMARAS leadership has involved itself in the
intensive process of democratic dialogue that has been taking place in the country since 1999,
linked initially to the constitutional process and subsequently to the transformation of the political,
economic and social model. The Government annexes documentation relating to this.
1583. Concerning the need to maintain a balance and equality in proceedings before the Committee, and
with a view to keeping this important tripartite committee on course, its actions must reflect balance
and fairness in the treatment of information and its evaluation. Weaknesses perceived in this area
will affect both the credibility and the working methods used to reach conclusions and formulate
the respective recommendations.
1584. In this respect, and without prejudice to what has been stated above, the Government wishes to
stress its concern that the Committee indicated that the press articles presented by the Government
as items of evidence or arguments to indicate and rebut the allegations of ill-treatment of Mr. Carlos
Fernández were of limited value and practically ignored them in its conclusions, where it states that
the press articles are of limited value as evidence.
1585. The Government adds that a few paragraphs later, however, in the same report, specifically
paragraph 1082, the Committee, in explaining the issues involved in determining the nature of the
work stoppage, considered, with respect to the complainants, the press articles sent by the
Government, and quotes: “includes statements vindicating Mr. Fernández that show that the
national civic work stoppage was an act of protest by FEDECAMARAS for employer reasons …”.
1586. The Government indicates that this differential treatment merits clarification by the Committee on
Freedom of Association, since that would make it possible to interpret the inexplicable legitimacy
assigned to the declaration by the complainant employers’ organization to justify a series of events
including the call to the unconstitutional and illegal work stoppage.
1587. In other words, for the Government, credibility means maintaining predictable, balanced and fair
parameters, in order to preserve the necessary legal certainty that the different actors which make
up the International Labour Organization deserve, to the exclusion of any differential treatment in
the evaluation of arguments or evidence.
C. The Committee’s conclusions
1588. As regards the various outstanding issues relating to the exclusion of FEDECAMARAS from the
social dialogue, in its previous examination of the case the Committee pointed out the following:
(1) the Government’s reply does not mention any bipartite or tripartite agreement or consultation
with FEDECAMARAS as from September 2001 in matters (policies or legislation) of a labour or
economic nature; (2) the Government has not denied that the National Tripartite Commission has
not met for years as stated in the allegations; and (3) the Government has also not denied the
alleged lack of consultations with FEDECAMARAS in respect of the process of drafting important
legislation such as the Labour Procedure Act, the widespread increase in the minimum wage of
20 per cent by way of order or in respect of the process of ratification of ILO Convention No. 169,
the new banking control scheme or, on a more general note, the establishment of economic policies
and guidelines [see 334th Report, para. 1064]. Furthermore, with reference to the question of the
consultations relating to the 47 Decrees which had been issued as a first stage only (up to August
2001) and then interrupted, the Committee had urged the Government to examine together with the
social partners, all laws and Decrees adopted without tripartite consultation.
1589. The Committee observes that the Government has not replied to its recommendation without delay
to periodically convene the National Tripartite Commission as envisaged in the legislation. The
Committee again urges the Government to comply with its legislation and without delay to
periodically convene the Tripartite Commission.
1590. As to the question of laws and Decrees adopted without tripartite consultation mentioned in the
complaint, the Committee notes that the Government states that: (1) the complaint fails to mention
the process of dialogue conducted by the authorities prior to approval of the legislative measures
and even after their approval consultations took place, without prejudice to recourse to other
mechanisms and remedies set out in the national legal system; (2) the Government applies an
inclusive policy of consultation and decision-making involving all elements of Venezuelan society,
both organized and otherwise, eliminating exclusiveness and privilege in the representation of
employers, making way for plurality and, for example, allowing FEDEINDUSTRIA and the other
productive sectors to participate regularly in dialogue; (3) from 2001 up to November 2004 the
conduct of FEDECAMARAS was directed, unacceptably, at marginalizing and excluding itself by
changing from a social actor to a political one with actions contrary to the spirit of social dialogue
and abstaining from participation in the forums for social dialogue; (4) the consultations on
minimum wages since 2002 were conducted through written requests sent to the various social
actors at national, regional and local level and in 2003 an agreement was concluded between the
Government and the political opposition, also signed by a representative of an organization
affiliated to FEDECAMARAS. As to the Government’s assertion that FEDECAMARAS did not take
part in the forums for dialogue in 2002, the Committee recalls that this absence was due to the fact
that the authorities had not invited the president of the principal workers’ federation in that
capacity.
1591. In the light of the information in the Committee’s possession (information from the complainants
and the Government’s successive replies), it considers that, in the period between August 2001 to
the date of the IOE complaint (17 March 2003), the Government’s consultations with
FEDECAMARAS on social, economic and labour issues (apart from the consultation on minimum
wages in 2002 to which the Government now refers) were practically non-existent, and the
Government has not shown that in the process of adopting the 47 Decrees, they were significant to
the extent of taking duly into account the legal and constitutional defects invoked by
FEDECAMARAS and which were detailed in the previous examination of the case [see
334th Report, para. 884]. The Committee observes in this respect that the Government in its reply
refers to a series of decisions of the Supreme Court of Justice annulling certain provisions of the
Land and Agrarian Development Act or interpreting others, admitting an action for
unconstitutionality of various provisions of the Public Registry and Notaries Act, and partially
reforming the Fisheries and Agriculture Acts and declaring null an article of the Coastal Zones Act
and making the Value Added Tax Act inapplicable to certain services. According to the
Government, the remaining Decrees did not give rise to significant observations. The Committee
further observes that the Government has not provided specific information which might refute the
allegation relating to the lack of consultation in the period covered by the present conclusions with
respect to the Labour Procedures Act, ratification of ILO Convention No. 169, the new exchange
control system or, more generally, the establishment of economic policies and directives.
1592. The Committee reiterates the importance of draft bills which affect them directly being the subject
of consultation with the most representative workers’ and employers’ organizations and again
points out to the Government the following principle [see 334th Report, para. 1065]:
The most representative employers’ and workers’ organizations, and in particular the
confederations, should be consulted at length, 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 the 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.
1593. With respect to the subsequent evolution of social dialogue since the last examination of the case,
the Committee observes that the Government reports certain improvements in terms of
consultations since the previous examination of the case, specifically consultations with
FEDECAMARAS since August 2004 on labour immobility, agreements of the Andean Community
of Nations, action plan on child labour, ratification of Conventions, Workers’ Food Act (in most
cases conducted through correspondence or letters); according to the Government, consultations
on the reform of the Organic Labour Act and social security legislation were conducted directly
with representatives of the various social actors both in the National Assembly and the Ministry of
Labour; the Executive Vice-President of the Republic held meetings with national representatives
of FEDECAMARAS and certain affiliated chambers; the president of the National Assembly
received the national leadership of FEDECAMARAS and the president of FEDECAMARAS
attended the session where the President of the Republic reported to the nation on the management
of the previous year. The Committee notes that the Government also reports: (1) that the new
political events (constitutional referendum of 15 August 2004 and the regional and municipal
elections of 31 October 2004) have enabled the re-establishment of forums for meeting and
dialogue, turning the page on the rifts that occurred between 2001 and 2003; (2) that
FEDECAMARAS has pointed to government efforts (Vice-President of the Republic and various
ministries, including labour) aimed at restoring social dialogue with the leading social actors; and
(3) the Government highlights a positive development on the part of FEDECAMARAS and a
favourable change of attitude to the extent of appreciating the Government’s efforts, and that the
FEDECAMARAS leadership has joined in the intensive process of democratic dialogue.
1594. The Committee underlines that over and beyond the consultations and meetings held between the
authorities and FEDECAMARAS, which the Committee can but encourage, it is important to
consolidate these first steps in the new direction and structure them on a permanent footing. The
Committee again offers the Government the services of the ILO to provide the State and society
with its experience so that the authorities and social partners may regain trust and, in a climate of
mutual respect, establish a system of labour relations based on the principles of the ILO
Constitution and of its fundamental Conventions, as well as the full recognition, in all its
consequences, of the most representative confederations and all organizations and important
tendencies in the world of work [see 334th Report, para. 1089(d)]. The Committee requests the
Government to keep it informed of all instances of social dialogue with FEDECAMARAS and
bipartite and tripartite consultations, and any negotiations or agreements that ensue and the
Government’s intentions with respect to the above offer of ILO technical assistance.
1595. With respect to the previous recommendation urging the Government to reinstate FEDENAGA to
the Agriculture and Livestock Council and to stop favouring CONFAGAN to the detriment of
FEDENAGA, the Committee notes that the Government states: (1) that FEDENAGA took part in
the forums for social dialogue which were held following the failed coup d’état in 2002; (2) that
another problem was the fact that they abandoned this legitimate path provided by the Government
using their self-exclusion as justification for their subsequent involvement and participation in the
civic work stoppage called by Mr. Carlos Fernández at the end of 2002. The Committee points out
that the forums for social dialogue to which the Government refers still do not exist, and are not the
same as the Agriculture and Livestock Council. Consequently, the Committee reiterates its previous
recommendation and requests the Government to reinstate FEDENAGA to the Agriculture and
Livestock Council.
1596. As regards the recommendations concerning the president of FEDECAMARAS, Mr. Carlos
Fernández, the Committee noted that the Government states that it “reiterates” that the conditions
under which Mr. Fernández was arrested were in accordance with the law and he did not suffer
any ill-treatment during his judicial arrest and brief imprisonment, that he did not report these
matters to the authorities and that it produced documentary evidence (press articles) consisting of
statements to the mass media by Mr. Fernández and his wife that he had been well treated. The
Committee wishes to refer to the Government’s comments critical of the fact that limited value as
evidence had been attached to the press extracts and expressing the view that it had exceeded its
powers. In this respect, the Committee points out: (1) that it is one thing for the Government to
refer to press articles as it did in its first reply and quite another, as now, to state categorically that
Mr. Fernández’ arrest was in accordance with the law and he did not suffer any ill-treatment;
(2) that the Committee did not state that Mr Fernández had suffered ill-treatment but had requested
an investigation into the alleged instances of ill-treatment listed; (3) that the Committee has
expressed an opinion many times on allegations of physical ill-treatment in the course of criminal
judicial proceedings. As to the absolute contradiction between the allegations and the
Government’s new reply and taking into account its assertion that Mr. Fernández may lodge
complaints if he so wishes, the Committee will not proceed with examination of this aspect of the
case.
1597. As regards the recommendations and allegations concerning a number of irregularities or breaches
of due process, the Committee notes all the statements and comments made by the Government
which essentially reiterate its previous statements. The Committee refers to the extensive
allegations of the complainants [see 334th Report, paras. 1073 and 1074] on these questions,
points out that the Government had not replied in detail to them and recalls its previous
conclusions that in this case there had been a lack of impartiality [see 334th Report, para. 1076].
1598. Concerning the substance of the matter (trial and detention of Mr. Carlos Fernández, president of
FEDECAMARAS), the Committee notes the Government’s statements and once again observes that
they essentially reiterate previous statements. The Committee recalls its final conclusions on that
subject. In relation to this and to certain Government’s statements, the Committee stresses: (1) that
the national civic work stoppage of December 2002-January 2003 was several months after the
coup d’état and was massively supported by a large part of the population and that on some days a
million-and-a-half people took part in the protests; (2) that the oil sector is not an essential service
in the strict sense of the term, that is the interruption of which would affect the life, safety or health
of the persons and that the principles of freedom of association recognize the right to general strike
in protest against the Government’s economic and social policy; (3) that the Government has not
provided a single piece of evidence to show that Mr. Carlos Fernández incited sabotage, acts of
violence or similar offences; the Committee stresses that the causes of the civic work stoppage have
their roots in the absence of social dialogue and the Government’s economic and social policy, as
it appears from the allegations, and that in its previous reply, the Government sent press articles on
FEDECAMARAS’ criticisms of that policy; (4) that for the reasons set out by the Committee, it
does not share the view that the civic work stoppage had nothing to do with employers’
organizations or trade union matters as the Government asserted, even though the work stoppage
did also have obvious political ends which were nevertheless not illegal at the time; (5) that
criminal responsibility of members of trade unions or employers’ organizations for any individual
offences must not be transferred to leaders of the organizations; (6) that apart from the president of
FEDECAMARAS and the CTV, no other organizer of the civic work stoppage (NGO, political
parties, etc.) was arrested; (7) that in its reply, the Government gave incomplete quotations from
the Committee’s previous conclusions; (8) that it is surprised that the Government invokes the
shortage of basic foods, gas or petrol or the Committee’s principles in cases of acute national crisis
or paralysis of essential services to suggest that the Committee has breached such principles in the
present case given that the Government did not provide any solution whatsoever by imposing
minimum services essential to the community, either in this long civic work stoppage or in previous
civic work stoppages; (9) that in its conclusions the Committee did not criticize the Constitution but
indicated that the legislation (new legislation) had still not determined the scope of public rights
and freedoms and that it could give rise to confusion (as happens every time a new Constitution is
adopted in a country); (10) that in relation to this question, the Government itself refers in its reply
to decisions which, for example, interpret article 350 of the Constitution and indicates that the
judgement “set aside the incorrect interpretations of that article of the Constitution”; and (11) that
the Committee had not interpreted the wording of the Constitution but had merely indicated that
some of its provisions provided very generously for certain human rights, for which reason it does
not understand why the Government can think that the Committee was criticizing the Constitution
in this regard since the Committee had no intention to make criticisms. Finally, the Committee
points out that the Government has not explained why it implicates the president of the private
sector workers’ confederation in the paralysis of the state oil company PDVSA.
1599. Taking all the foregoing into account, the Committee again considers that the arrest of Carlos
Fernández, as well as being discriminatory, aimed to neutralize or act as retaliation against this
employers’ official for his activities in defence of employers’ interests and, therefore, it urges the
Government to take all possible steps to annul immediately the judicial proceedings against Carlos
Fernández and to ensure that he may return to Venezuela without delay and without risk of
reprisal. The Committee requests the Government to keep it informed in this respect. The
Committee deeply deplores the arrest of this employers’ official and emphasizes that the arrest of
employers’ officials for reasons linked to actions relating to legitimate demands is a serious
restriction of their rights and a violation of freedom of association, and requests the Government to
respect this principle. The Committee deplores the fact that this employers’ leader has already been
in exile for several years and cannot return to the country for fear of reprisal by the authorities.
1600. With regard to the previous recommendation concerning the application of the new system of
exchange control, the Committee notes that the Government states: (1) that the complainant
organizations have not indicated the specific firms allegedly suffering discrimination under this
system; (2) that the Minister of Labour stated that “the Committee, without identifying the
companies affected by alleged discriminatory treatment, requests the Government to ‘modify the
current system’, which invades areas of monetary and exchange policy, adopted after a massive
capital flight intended to create political instability in 2002 and 2003”. In this respect, the
Committee stresses that it did not request the current system to be modified but after criticizing the
fact that it was established unilaterally requested the Government “to examine with
FEDECAMARAS, without delay, the possibility of modifying the current system”, following
allegations of discrimination by the authorities against firms belonging to FEDECAMARAS in
relation to administrative permits to purchase foreign exchange. The Committee notes in this
respect that the Government has held regular meetings with the employers’ sector affiliated with
FEDECAMARAS and the social actors to resolve problems in the application of the system and
correct any failings found in it. The Committee trusts that this dialogue will ensure that the
exchange control system will be applied without discrimination against firms affiliated to
FEDECAMARAS.
1601. As regards the Committee’s recommendation concerning the allegations regarding the operations
of paramilitaries (the Government had not replied specifically to that allegation) the Committee
notes that the Government states: (1) that the Committee had requested the “dismantling” of the
main government political party (Movimiento Quinta República) and other legally constituted
social organizations (the Committee underlines in this respect that the Government did not reply to
the allegations about paramilitary groups, that the allegations did not mention that political party
but rather groups such as “Círculo Boliviarianos Armados, Quinta República” or “Juventud
Revolucionaria del MVR” and that it did not request the dismantling of the Movimiento Quinta
República); (2) that the existence of armed groups is completely false, let alone that these alleged
groups have the support of the Government or other government authorities; (3) that the specific
political violence and intolerance by the sectors in dispute during 2002 and part of 2003, the
product of political polarization, which has now been overcome, was a problem addressed from the
outset in the Table for Negotiation and Agreement (November 2002- May 2003) facilitated by the
Carter Center, the United Nations Development Programme (UNDP) and the Organization of
American States (OAS); (4) that this forum for dialogue managed to achieve a commitment by both
sectors (Government and opposition) to condemn violence, followed by an important product of the
agreement, namely the Decree on the disarming of the population (illegal arms) and suspension of
the carrying of arms without exception for all citizens of the Republic, in order to establish and
maintain a reliable register of those with permits to carry arms in accordance with the law; (5) that
the Constitution of the Republic clearly establishes that the State has a monopoly of arms. The
Committee observes that the Government recognizes that there was political violence and
intolerance in 2002 and part of 2003 by the conflicting parties. The Committee also observes that,
since the submission of the complaint, the complainant organizations have not sent new allegations
relating to acts of violence by violent or armed groups. The Committee will therefore not pursue the
examination of this aspect of the case unless the complainant organizations produce new evidence.
1602. As regards the previous recommendations urging the Government: (a) to carry out, without delay,
an investigation with regard to the acts of vandalism at the premises of the Lasa Chamber of
Commerce by Bolivarian groups supporting the Government (12 December 2002); the looting of
the office of Julio Brazón, president of CONSECOMERCIO (18 February 2003); the threats of
violence on 29 October 2002 by alleged members of the government political party against Adip
Anka, president of the Bejuma Chamber of Commerce; (b) to carry out an investigation, without
delay, into the allegations relating to 180 cases (up to April 2003) that have not been resolved by
the authorities of illegal invasion of lands in the states of Anzoátegui, Apure, Barinas, Bolívar,
Carabobo, Cojidas, Falcón, Guárico, Lara, Mérida, Miranda, Monagas, Portuguesa, Sucre,
Táchira, Trujillo, Yaracuy and Zulia; and (c) requested that, in the case of expropriations, it fully
respect the legislation laid down and the relevant procedures, the Committee notes that the
Government states that these allegations are unfounded, that there is no evidence to support them
and that those concerned have not lodged complaints with the national authorities. Nevertheless,
the Committee considers that, whether or not the parties concerned lodged complaints with the
national authorities, these are serious and relatively precise allegations, for which reason it
reiterates its previous recommendations and suggests that the Government should make direct
contact with the persons and institutions mentioned and with FEDECAMARAS with a view to
carrying out an independent judicial investigation.
The Committee’s recommendations
1603. In the light of its foregoing interim conclusions, the Committee invites the Governing Body
to approve the following recommendations:
(a) The Committee again urges the Government to comply with its legislation and
without delay to convene periodically the tripartite commission.
(b) The Committee reiterates the importance of draft bills which affect them directly
being the subject of consultation with the most representative workers’ and
employers’ organizations and again points out to the Government the principles set
forth in the conclusions concerning consultations.
(c) The Committee underlines that over and beyond the consultations and meetings held
between the authorities and FEDECAMARAS, which the Committee can but
encourage, it is important to consolidate these first steps in the new direction and
structure them on a permanent footing. The Committee again offers the Government
the services of the ILO to provide the State and society with its experience so that the
authorities and social partners may regain trust and, in a climate of mutual respect,
establish a system of labour relations based on the principles of the ILO Constitution
and of its fundamental Conventions, as well as the full recognition, in all its
consequences, of the most representative confederations and all organizations and
important tendencies in the world of work. The Committee requests the Government
to keep it informed of all instances of social dialogue with FEDECAMARAS and
bipartite and tripartite consultations, and any negotiations or agreements that ensue
and the Government’s intentions with respect to the above offer of ILO technical
assistance.
(d) The Committee again urges the Government to reinstate FEDENAGA to the
Agricultural and Livestock Council and to stop favouring CONFAGAN to the
detriment of FEDENAGA.
(e) The Committee once again considers that the arrest of Carlos Fernández, president of
FEDECAMARAS, as well as being discriminatory, aimed to neutralize or act as
retaliation against this employers’ official for his activities in defence of employers’
interests and, therefore, it urges the Government to take all possible steps to annul
immediately the judicial proceedings against Carlos Fernández and to ensure that he
may return to Venezuela without delay and without risk of reprisal; the Committee
requests the Government to keep it informed in this respect. The Committee deeply
deplores the arrest of this employers’ official and emphasizes that the arrest of
employers’ officials for reasons linked to actions relating to legitimate demands is a
serious restriction of their rights and a violation of freedom of association, and
requests the Government to respect this principle. The Committee deplores the fact
that this employers’ leader has already been in exile for several years and cannot
return to the country for fear of reprisal by the authorities.
(f) The Committee again urges the Government to carry out, without delay, an
independent investigation with regard to: (1) the acts of vandalism at the premises of
the Lasa Chamber of Commerce by Bolivarian groups supporting the Government
(12 December 2002); (2) the looting of the office of Julio Brazón, president of
CONSECOMERCIO (18 February 2003); (3) the threats of violence on 29 October
2002 by alleged members of the government political party against Adip Anka,
president of the Bejuma Chamber of Commerce; and (4) the allegations relating to
180 cases (up to April 2003) that have not been resolved by the authorities of illegal
invasion of lands in the States of Anzoátegui, Apure, Barinas, Bolívar, Carabobo,
Cojidas, Falcón, Guárico, Lara, Mérida, Miranda, Monagas, Portuguesa, Sucre,
Táchira, Trujillo, Yaracuy and Zulia, and urges that, in the case of expropriations, it
fully respect the legislation laid down and the relevant procedures. The Committee
suggests that the Government should make direct contact with the persons and
institutions mentioned and with FEDECAMARAS with a view to carrying out an
independent judicial investigation.
Appendix V
Latest reply by the Government to Case No. 2254
Ministry of Labour,
Bolivarian Republic of Venezuela
Ms. Cleopatra Doumbia-Henry
Director of the International
Labour Standards Department
Caracas, 26 October 2005
May I reiterate hereby the contents of the communications transmitted by the Government of
the Bolivarian Republic of Venezuela, on 9 March 2004 (ref. 094) and 25 February 2005 (ref.
094/2005), and request the Committee fairly to evaluate the testimonies contained in said
documents, as well as evidence provided in support thereof.
The Government also reiterates its deep concern with the incorrect evaluation of the
allegations submitted by the various parties involved in the complaint. The Government wishes in
particular to draw attention to the unfair and inappropriate treatment afforded to the evidence
submitted by the Government of the Bolivarian Republic of Venezuela, as opposed to the presumed
veracity and legitimacy given to the allegations submitted by the complainant organization. In
addition, it is somewhat paradoxical that an international body in charge of the protection of human
rights should not take into account a public and notorious fact, i.e. the coup d’état of April 2002, nor
the responsibilities of those who participated in that criminal act and now requests the end of the
inquiries launched to punish those who were responsible for this extremely serious violation of the
human rights of all citizens.
Notwithstanding the above, and in a spirit of full cooperation, the Government hereby
provides a chronological compilation of events from August to October 2005, supported by
documents establishing the reinforcement of the social dialogue initiated by the Government, which
calls for the participation of a major number of interested partners, and seeks the successful signing
of agreements in the labour, social and economic fields; these agreements will benefit the majority
of citizens and will reinforce the struggle against poverty and social exclusion that has been
launched for several years in our country.
This evidence shows that, inasmuch as employers’ organizations and their affiliates have
resumed their associative functions and recognized the legitimacy of the President of the Republic,
who has been elected democratically in conformity with the provisions of the Constitution and the
legislation, this created a new situation which strengthened social dialogue, by integrating each time
an increasing number of new and former partners of the socio-economic order. In that process of
reactivation of social dialogue, it has become clear that the traditional employers’ organizations
gradually steered away from radical groups that still want to overthrow the constitutionally elected
President, as these organizations acknowledge the evident social and economic progress and growth
resulting from the actions of the Government.
As demonstrated by the evidence adduced, there was never and there is no Government
favoritism towards any employers’ organization or its affiliates. Quite the contrary, those who
refused social dialogue and promoted counter-productive confrontation were the employers’
associations that participated actively in the coup d’état of April 2002 and in the successive attempts
at overthrowing the constitutionally elected President of the Bolivarian Republic of Venezuela.
Fortunately, these days are now a thing of the past, and common sense has finally prevailed within
employers’ circles, which should now recognize that it is necessary to go back to using the
institutions of democratic participation.
It is worth emphasizing in this context that the current president of FEDECAMARAS, Mr.
José Luis Betancourt, who until recently was president of FEDENAGA, the two complainant
organizations in this case, publicly recognized the Government’s proactive attitude as regards social
dialogue and expressed their intention to participate in such dialogue, by sending the president and
the executive of FEDECAMARAS to participate in high-level meetings with Mr. Hugo Chávez
Frías, constitutionally elected by the vast majority of the people of the Bolivarian Republic of
Venezuela.
One should also mention that, as demonstrated by the evidence adduced, social dialogue has
been initiated with employers’ organizations in the regions, where agreements have been signed and
spaces of economic cooperation created, between private employers and the national and state
governments.
Finally, the Government requests the Committee to evaluate the evidence and arguments in a
fair and balanced fashion, that is by applying uniform procedures, so as to reinforce the legitimacy,
transparency and credibility of such an important international organization.
Yours sincerely,
(Signed) Rubén Dario Molina,
Office of International Relations
and Liaison with the ILO.
Geneva, 11 November 2005. (Signed) Professor Paul van der Heijden,
Chairperson.
Points for decision: Paragraph 358;
Paragraph 384;
Paragraph 408;
Paragraph 457;
Paragraph 470;
Paragraph 493;
Paragraph 511;
Paragraph 535;
Paragraph 603;
Paragraph 644;
Paragraph 681;
Paragraph 711;
Paragraph 737;
Paragraph 755;
Paragraph 821;
Paragraph 834;
Paragraph 869;
Paragraph 890;
Paragraph 942;
Paragraph 958;
Paragraph 983;
Paragraph 998;
Paragraph 1023;
Paragraph 1056;
Paragraph 1073;
Paragraph 1085;
Paragraph 1099;
Paragraph 1113;
Paragraph 1154;
Paragraph 1174;
Paragraph 1186;
Paragraph 1210;
Paragraph 1228;
Paragraph 1257;
Paragraph 1283;
Paragraph 1305;
Paragraph 1312.
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jueves, enero 12, 2006
Socialist software?
In the meantime, here's a piece a friend sent me from Salon about the Venezuelan government's pending switch to open-source software. The article is "Free software, Big Oil and Venezuelan politics" by Andrew Leonard.
I'm no expert, but the idea behind open-source software is that, unlike proprietary software such as Microsoft Office, the source code underlying the software is open for anyone to inspect and modify. What that means is that anyone (well, anyone who knows how) can change the way the software works, fix bugs, add new capabilities, or write whole new programs that work with existing software. With proprietary software, some of those things you can't do at all, and the rest you can do only if you pay for expensive licenses.
Though it's often called "free software", the point isn't that using open-source software doesn't cost anything, but that you're free to use it as you wish - in Spanish, it's software libre, not software gratis. Or as free-software proponents say, "free as in speech, not free as in beer." Here's a good conceptual description.
So why is Venezuela making the switch? Part of the impetus, suggests Leonard, may have been the role that proprietary Microsoft software played in enabling the opposition to shut down the national oil company PDVSA in Dec. 2002. But Chavez has deeper reasons to favor open source:
Last month, Jeff Zucker, a free software advocate who has visited Venezuela several times, published an article about Venezuela's move to open source software. (For some insight into the political passions incited by anything to do with Venezuela, check out the comments appended to Zucker's story.)
I asked Zucker if there was any truth to an assertion I had seen in several places that the SAIC "sabotage" had motivated the Chavez government to push for open source. Zucker just so happens to be writing an article on this very topic. Here's what he told me:
"Yes SAIC [a US-based contractor for PDVSA] and/or INTESA [SAIC's joint venture in VZ] blocked the passwords during the walkout and did a number of other kinds of IT sabotage. Yes, PDVSA was using Windows at the time. Yes the events of the walkout were indirectly related to the eventual adoption of the open-source software law. But I wouldn't put it as simply as saying that because proprietary software was involved in the sabotage that therefore Venezuela moved to open source. Certainly the events made many in Venezuela think about the issues of computer security and that is one of the motivations of the law. But the reasons behind the open-source law are also related to the wider social and economic policies of the Chavez government -- developing a national software industry as a counter to neoliberal policies of privatization and globalization; developing computer mechanisms to support greater citizen-participation in governance and greater transparency of public agencies; broadening the base of local software developers to avoid the kind of one-source-of-IT-expertise situation that allowed the PDVSA sabotage; building bridges between the oil industry and the rest of Venezuelan society."
I find it very interesting that many of the computer/tech concepts that have been developing more or less from the grassroots -- open source, wikis, file sharing, etc. -- run entirely counter to the supposed Western ideal of individualistic, dog-eat-dog, ultracompetitive capitalism. Indeed, one might even call them (gasp!) socialist.
Hmm, perhaps when people get the chance to interact in new ways, and without billions of dollars of PR telling them what to think, it turns out those "ideals" aren't as deeply ingrained after all? And that we can do better without them?
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jueves, enero 05, 2006
Transitioning Venezuela
Although Venezuela has a history of democratic governance since 1958, the U.S. government has since 1998 made the country a major focus of its democratization strategy. According to the U.S. government, Venezuela is undergoing a political transition that is leading the country away from democracy and toward dictatorship.
The leading governmental player in U.S. "democracy-building" operations in this oil-rich nation is the U.S. Agency for International Development, a dependency of the U.S. State Department. While the State Department channels most of its U.S. democratization funds through USAID, it also underwrites virtually the entire budget of the National Endowment for Democracy (NED)—an organization created by the Reagan administration in 1983 as a private conduit and manager of its democratization operations. For more than two decades, the public and private face of U.S. democracy-building—USAID and NED—have shared a common strategy, namely the promotion of "free market democracies" allied with U.S. foreign policy objectives.
The recent history of USAID-NED democratization programs in Venezuela raises new questions and concerns about U.S. democratization strategy. Because of public revelations about its funding of business, political, educational, and labor organizations opposed to the elected government of Hugo Chavez, NED has been the target of most of the questions about the objectives and accomplishments of the democratization strategy.
Yet USAID, through its Office of Transition Initiatives (OTI), has also played a key role in the implementation of a U.S. foreign policy that has the ultimate goal of removing Chavez from power. Since 2001 the U.S. government has spent $5-7 million annually in democratization programming.
Full article at http://americas.irc-online.org/am/2977.
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martes, enero 03, 2006
Debate over the role of the AFL-CIO in Venezuela
Or about the direction of the AFL-CIO...
Then I highly recommend reading "Revolution and Counter-revolution in Venezuela: Assessing the Role of the AFL-CIO", an article forthcoming from the New Labor Forum.
It's actually three pieces. The primary author, Lee Sustar, writes about the birth and growth of the UNT and the history of AFL-CIO involvement in Venezuela, going back to its cozy relationship with the CTV since the 1960s and forward to the present-day operations of the AFL-CIO's Solidarity Center (also known as ACILS). Following Sustar's piece is a rejoinder from Stan Gacek, AFL-CIO Assistant Director of International Affairs for Latin America. And finally, Sustar responds briefly to Gacek.
Sustar's piece provides some good general background. But Gacek attacks it on the ground that it promotes what he claims are four falsehoods:
- The entire CTV assumed an active and premeditated role in designing and executing the coup against Hugo Chávez, as well as all other antidemocratic attempts to overthrow the Venezuelan president by force.
- The AFL-CIO’s Solidarity Center provided unconditional assistance to the CTV in all of these efforts, but has refused to work with any other sector of the Venezuelan labor movement.
- The AFL-CIO’s program underwrites the right-wing backlash against Hugo Chávez. The choice can only be the following: either you are 100 percent for Chávez, or you are 100 percent against him.
- The fact that U.S. government sources fund the Solidarity Center program means that the Bush administration’s foreign policy controls the AFL-CIO agenda in Venezuela.
I tend to agree with Gacek that these four points are, if not definitively false, at least highly questionable. The first point in particular is unproven, despite many attempts to do so.
Sustar gets at least one very important fact wrong when he tries to argue for the CTV's direct involvement in the April 2002 coup by saying that "Ortega was ultimately arrested for his role in the coup nearly three years later." Ortega was not arrested for involvement in the coup, but for his role in the national oil industry stoppage in winter 2002-2003. Reading any of the recent news articles about Ortega's arrest, trial and conviction quickly reveals this fact.
Yet in his response to Gacek's rejoinder, Sustar avoids addressing most of the alleged factual errors raised by Gacek. Sustar needs to do his homework.
But while Sustar's analysis of what's happening on the ground is shaky in places, and may be flawed, his central point remains valid: "The question today is whether the AFL-CIO and the Solidarity Center are still playing 'a public relations role' for U.S. foreign policy—intentionally or not."
Gacek says not. But does he really expect us to rely upon the AFL-CIO's word, especially when the Federation still has not come clean on its Cold-War era dealings in Latin America?
Sustar's initial article concludes, "Genuine international solidarity efforts must be rooted in joint struggles against common adversaries. To fully rebuild trust in the labor movement across Latin America, therefore, the AFL-CIO must disclose its role in cold war foreign policy and end its reliance on U.S. government funds. It's time for a change—and Venezuela is an excellent place to begin."
I wholeheartedly agree that the AFL-CIO needs to open the books on the AIFLD and ACILS. But the fact that they're keeping secrets, while disturbing, is not proof of their involvement in the April 2002 coup. I find it remarkable that no CTV leader or member signed the Carmona decree. If that's true (and I have never heard anyone offer a counterexample, while CTV leaders I've met insist strenuously upon this point), then considering how many opposition luminaries did sign, it seems to me to weigh strongly in favor of the argument that CTV membership and leadership largely were not in on the coup.
Carlos Ortega helped lead the anti-Chávez protests -- no one can dispute that. But engaging in nonviolent street protests (which is the CTV's right, even if we don't agree with their reasons) is very different from inciting violence as part of an attempt to overthrow the government or participating in a military coup.
In general, this vitriol against ACILS' involvement in Venezuela strikes me in part as an expression of much of the international left's unwillingness to distinguish between legitimate and illegitimate forms of opposition to Chavez's policies, or in general, that there are shades of gray in the Venezuelan political situation.
But the sentiments expressed by Sustar, shared by many rank-and-file U.S. unionists, can't be written off that simply. Workers' view of the Solidarity Center's activities is heavily influenced by quite justifiable fears that the AFL-CIO's involvement in Venezuela is heading towards a replay of its involvement in (for example) Chile, where AIFLD actively helped bring about the overthrow of the democratic government of Salvador Allende.
The AFL-CIO and Solidarity Center leaders say the new ACILS is a break from the past, that it no longer does such things. That may be so, but rank-and-file unionists are understandably reluctant to believe this claim solely on the say-so of ACILS spokespeople. If the Solidarity Center wants to win back trust, it needs to open its books, past and present.
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domingo, enero 01, 2006
Year-end economic roundup
The country’s GDP grew by a healthy 9.4% in 2005, according to the Central Bank of Venezuela. Contrary to criticisms that Chavez is merely coasting on high oil prices while neglecting the rest of the economy, the non-petroleum sectors actually showed higher growth, at 10.3%, than did the petroleum sector.
Annual inflation was at 14.4%, the lowest in four years, and nearly half the 27% rate of 2003. According to the National Statistics Institute (INE), unemployment fell to 8.9% in December, down from 10.9% in December 2004. This was the nation’s lowest unemployment rate since 1998.
This is good news for Venezuela. A second year of strong GDP growth shows that the economy overall has recovered from the petroleum stoppage and political turmoil of 2002-2003. Falling unemployment and poverty rates provide an indication that this growth is bringing benefits to all Venezuelans, not just (as often occurs) to a wealthy few.
The opposition, perhaps unable to accept that the policies they’ve condemned might actually be working, disputes these statistics. But they don’t quite seem to have their story straight. Some opposition commentators are attacking the numbers themselves, accusing the Central Bank of manipulating the data in Chavez’s favor, while others say the data are valid, but aren’t really good news.
Pablo Castro of the CTV called the BCV’s unemployment rate "magical data", saying its own numbers reveal unemployment of 15%. It’s not entirely clear what accounts for the difference between the Bank’s data and the CTV’s (assuming the CTV actually has any data, which I don’t know. Has the CTV traditionally publicized an independent measure of unemployment? Anyone know?)
Froilan Barrios, executive secretary of the CTV, said much the same in an interview with Unión Radio, again placing unemployment at 15% (the article says 12% in two places, but in quoting Barrios it returns to 15%, so I think the 12% is a typo.) Barrios does point out, accurately, that many of those who do have jobs don’t earn nearly enough to escape poverty. The fact that their jobs don’t pay well doesn’t make them unemployed, though.
Castro claims that "the government continues dressing up the data through the creation of jobs that are not . . . formal [employment]," and then makes reference to the government Missions, cooperatives, and co-managed enterprises. So I’m guessing that the CTV’s statistics exclude some or all of the workers employed in these categories.
How they would justify doing so, I don’t know. Why shouldn’t workers at cooperatives, co-managed plants, and government missions be considered employed? The U.S. has cooperatives and worker-owned companies, albeit many fewer than Venezuela, and their workers are counted in employment totals, as are workers in government programs.
The only possibility that springs to mind is that the CTV may be claiming that the BCV includes Venezuelans who are participating in the educational missions in its employment numbers. As students, even if they receive a stipend, they should not be considered employed, unless they have jobs in addition to their studies (which many surely do).
But I haven’t seen anything that would lead me to believe that the BCV numbers incorporate those students as employed. I would be quite surprised to find that they did so. Again, I haven’t delved that deeply into this issue; if anyone can offer hard evidence, it’s welcome. In its absence, though, I suspect that the CTV is just blowing hot air.
Bloomberg has another angle: in an article on the Venezuelan economy, they mention that "[t]he decline in the unemployment rate has been helped by the institute's decision to drop more than 200,000 people from the country's economically active population. The number of economically active people fell 3.2 percent over the last year, the institute said."
This argument could very well have merit; who should and shouldn’t be counted as "unemployed" versus "out of the labor force" is often subject to debate, and can easily be manipulated to show greater or lesser unemployment,. But removing people from the economically active population (the labor force) doesn’t jive with Castro’s complaint that the government is massaging the numbers by "creating jobs" that are illusory. I remain doubtful that the CTV’s claim has any merit.
This is supported by the fact that other opposition-leaning commentators claim that the BCV’s numbers are indeed valid; for them, it’s the Bank’s interpretation that is misleading. Regional daily El Tiempo cites economist Orlando Ochoa in arguing that the Bank’s calculations are right, but regardless, the nation is not on a path of sustainable growth.
This argument actually has some meat to it. Ochoa lists three problems that may mask the economy’s condition or imperil its growth: the national debt, high inflation rates, and increased public spending. El Tiempo doesn’t go into detail on the first two, but I think it’s generally agreed that inflation, though falling, is currently higher than desirable, and one of the government’s goals is to lower it to 10% next year.
On the third point, Ochoa argues that the non-petroleum sector owes its growth primarily to government funds flowing into the economy, which in turn are fueled by the state’s oil revenues. As best as I can make out, he says that this means the economy is not truly experiencing sustainable growth, I suppose because the government wouldn’t be able to maintain current levels of expenditures if oil revenues were to fall.
He may have a point – or not – I don’t really know enough about Venezuela’s economic intricacies to say. But I do have to say that his arguments would be much more convincing if they weren’t appearing side by side with an apparently coordinated campaign to discredit any statistics that don’t favor the opposition’s worldview.
For a good review of economic and political happenings in Venezuela over the past year, plus some commentary on what may lie ahead, see Humberto Márquez's article with IPS.
Lea mas / Read more!
lunes, diciembre 26, 2005
BBC: Venezuela looks to boost social spending
Both Anna Lucia d'Emilio, the director of the United Nations Children's Fund (Unicef) in Venezuela, and Ramon Mayorga, the representative of the Inter American Development Bank (IADB), all agree that the country's social programmes are easily the biggest and most comprehensive in Latin America.
There are about a dozen missions (a new effort, the Science Mission, has just been announced), and the BBC looks at three of the most well-known:
Mission Robinson, literacy and adult education; Mission Mercal, subsidized groceries and household goods; and Mission Barrio Adentro, placing free primary health clinics in poor urban and rural neighborhoods.
The article quotes Mayorga in saying that these three are programs which "'strike at the heart of exclusion and which are very successful and being done at a reasonable, sustainable cost'". It goes on to briefly describe each of the three missions and their success and challenges thus far.
Then it goes on to a fourth mission, Vuelvan Caras, which poses more concerns. Vuelvan Caras provides vocational education and supports participants in forming cooperatives, a way of starting their own community-based small businesses to do anything from grown coffee to drive taxis.
Monahan wonders about the "integration and . . . financial sustainability" of the jobs and cooperative enterprises created under Vuelvan Caras' auspices. "[H]ow long can the cooperatives last?" she asks.
In my view, this begins to get at the next great challenge for the Chavez government: bringing about real, long-term economic transformation. The missions which provide an ongoing service to the people are important and necessary, but they don't change the way the economy works.
We've seen that the neoliberal model has failed, but what can be put in its placed? Venezuela's success at accomplishing that transformation will be the true test of "21st century socialism".
Story from BBC NEWS: Venezuela looks to boost social spending
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viernes, diciembre 23, 2005
Ice cream and gasoline
The latest mention that caught my notice was a mass email from TrueMajority asking its members to buy their gas at Citgo, based primarily on Citgo's contribution of subsidized heating oil to poor New Englanders. As they put it, "So while you're out on the road this month, you can help some fellow Americans by filling your tank with Venezuelan gas."
Now, TrueMajority is one of these "email advocacy" groups currently in vogue; it has maybe a few hundred thousand name son its list, and periodically sends them email alerts on various issues, most with a call to sign an online petition or email your Congressperson. This particular organization was started by "Ben & Jerry's" ice cream founder Ben Cohen, and I would call it a liberal centrist group, somewhere to the right of MoveOn, which is not that far left itself (MoveOn is constantly being accused by progressives of being a shill for the Democratic Party).
But now even TrueMajority is jumping on the Citgo bandwagon. While I don't imagine it'll make a measurable difference in Citgo's share of gas sales, it's interesting.
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miércoles, diciembre 21, 2005
Some commentaries on heating oil
Annette Fuentes in USA Today breaks down why Northeastern families need Venezuela's generosity -- they aren't getting any from their own country.
First, the other oil majors (most of them U.S.-based companies) refused a request to help with heating costs, despite being "flush with profits about 35% higher than last year's". Second, federal funding for the Low Income Home Energy Assistance program "hasn't kept pace with cost increases or needs", and accounting for inflation, is now $1 billion less than it was in 1982.
"Chavez might be trying to embarrass the Bush administration, but what's really embarrassing is how little help Americans will receive this winter from their own government," concludes Fuentes.
The second is a pointed letter to the editor of the New York Times:
The New York Times
Hugo Chavez's Ace (2 Letters)
Published December 16, 2005
To the Editor
You point out that President Hugo Chavez has used high oil prices "to increase funds for popular social programs for the poor, making him electorally unassailable." You note that this, among other factors, has led to a "dangerous concentration of power."
This suggests that it is a vulgar trick to use profits from Venezuela's resources to win electoral support by social spending and that electoral support from a large number of poor people concentrates more power at the top than gaining the support of smaller numbers of the well-to-do.
Is the real art of democracy, then, to win sufficient electoral support from the well-to-do without spending much of a country's resources on the poor? If so, American democracy is the state of the art.
Ken Safir
Highland Park, N.J., Dec. 10, 2005
Indeed.
By the way, I'm on vacation, so posting may be sporadic (even more so than usual) until January.
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sábado, diciembre 17, 2005
Ortega's defenders appear few in number
Panamanian paper La Prensa reports just 300 demonstrators showed up. This is considerably smaller than other opposition marches this year, and positively miniscule compared to the demonstrations which Ortega himself led in 2002. It seems that even among those who oppose Chavez, Ortega has more or less fallen from favor.

And from the photos, the political orientation of the hardcore few who attended today's protest seems...odd. Here's a photo from La Prensa of a demonstrator dressed up as the Statue of Liberty (yes, the one in New York).
Meanwhile, Venezuelans who are not such fans of Ortega complained that his sentence was too short, wondering why he didn't get the maximum penalty of 30 years.
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martes, diciembre 13, 2005
Ortega gets 16 years
More on this tomorrow, if I get a chance. For now, here are some articles:
Prensa Latina: Venezuela Coupist Gets 15 Years (I don't think "coupist" is really a word in English. Then again, I never could figure out a good translation for "golpista" - "coup plotter" just sounds awkward. At any rate, Ortega wasn't being tried for his role in the April 2002 coup.)
Bloomberg: Venezuela Union Leader Ortega Found Guilty of Treason (Actually not true - an earlier charge of treason was dropped. He was found guilty of the less serious charges of civil rebellion and instigation, as well as possession of forged documents.)
BBC: Venezuela jails opposition leader
Reuters: Anti-Chavez union boss jailed for rebellion
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lunes, diciembre 12, 2005
La democracia participativa
There's a connected website on participatory democracy, Participamos, that looks like it might be interesting - not much up yet in English, but the Spanish version has a series of texts on participatory democracy that look fascinating. I haven't read much though. If you do, let me know your thoughts!
I also highly recommend reading about participatory economics, or ParEcon for short.
Those of us who are struggling for social change must also be thinking and talking about what other systems are desirable and possible, so we can keep in mind what we're struggling for. Otherwise we may end up somewhere even worse off than where we're at now. I know I'm often guilty of having too narrow a focus, not wanting to spend time on theory or visioning because it feels like it will never come to pass -- but if we don't, we assure that it will never come to pass. Participatory democracy and participatory economics are good places to start.
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viernes, diciembre 09, 2005
Q & A & A
Overall I'd say the NYT article is not bad, for a mainstream U.S. source. But there are some bits that strain credulity. It discusses the massive poverty in Venezuela (true, and probably the single largest challenge for the Chavez government) but then goes on to say that "Many experts say these numbers [of poverty and extreme poverty] will likely increase if current political and economic trends continue." What experts? To which trends are they referring? On what basis do they make this prediction, espcially since in the last year or two poverty has begun to decline?
It continues by complaining about "Chavez's refusal to consider diversifying Venezuela's economy, which is almost completely dependent upon oil." Chavez has done more than "consider" diversifying the economy; he has repeatedly emphasized that diversification is crucial, and spurred numerous non-oil economic development efforts, many under the rubric of "endogenous development". Whether these attempts will succeed is another question, and an important one; unfortunately, it's a question which the CFA does not address nor even acknowledge.
The NYT article also repeats the oft-cited, but totally unsubstantiated accusation that "News reports allege he [Chavez] has also supported . . . Colombia's FARC terrorists." I suppose the CFA can claim they didn't actually accuse Chavez of supporting the FARC, but just let us know that "news reports allege" he did so. But repeating unsupported allegations is hardly professional or ethical behavior. (Appears to be par for the course at the NYT, though... )
The Political Affairs column, on the other hand, is unabashedly pro-Chavez. It's pretty good, but makes some unfounded accusations of its own, most of them having to do with the anti-Chavez opposition's entanglements with the U.S., with phrases like, "the coup showed to what lengths the US special services are willing to go to topple the Chavez government" and statements making the entire opposition out to be an arm of the U.S. government, including the following:
In 2003, the US decided to once again try the electoral route hoping the economic difficulties caused by the strike and supply shortages had softened up voters to finally oust Chavez. Millions poured into the opposition campaign via US-AID and NED.
Ok, yes, the U.S. gives aid and comfort to the opposition, but the opposition itself is Venezuelan. I have never seen evidence that the entire opposition leadership takes its marching orders from Washington. Let's not exaggerate here.
In conclusion, both articles are a bit short on evidence for some of their claims, but put together I think they give a decent overview of recent developments in U.S.-Venezuela relations. Read the NYT article here and the Political Affairs piece here.
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martes, diciembre 06, 2005
Election results
Greg Wilpert at Venezuelanalysis has an excellent dissection of why the electoral boycott took place and what it may mean for Venezuela's political future:
The opposition's main argument is that it has lost all trust in the CNE and is demanding its resignation as a condition for its participation. While it may well be true that the opposition does not trust the CNE, there are many other guarantees in place to make sure that the vote will proceed cleanly, such as over 400 independent observers from the Organization of American States, the European Union, and from various other countries around the world. Also, all political parties are involved in every step of organizing the election.
Finally, the CNE conceded to numerous opposition demands, such as manually auditing 45% of the paper ballots cast and eliminating the fingerprint scanners. So, if the technical arguments about not trusting the fairness of the vote are so weak and if the opposition stands to lose so much in the upcoming vote, then what other reasons could it have for boycotting the vote?
There are several alternative motivations for the opposition's action. The first is the result of a simple cost-benefit analysis. All opinion polls leading up to the vote indicated that it was quite probable that pro-Chavez parties would win a two-thirds majority in the National Assembly. The opposition probably reasoned that faced with the choice between participating and having a minimal voice in the legislature or no voice and a de-legitimized legislature, the latter option would be preferable in the long run. Part of this calculus was that the opposition is convinced that abstention will be high, thus increasing the likelihood of successfully de-legitimizing the election process. . . .
One can find another piece of evidence for the opposition's strategic reasoning in the fact that the first party to declare its boycott of the vote was Accion Democratica, a party that theoretically had the most to lose from non-participation, but which ran no campaign whatsoever in the weeks leading up to the election. In general, opposition parties campaigned extraordinarily little, but AD did not seem to post a single campaign poster. In other words, no matter what the outcome of the negotiations with the CNE, it seems AD never intended to run in the elections. It was all a charade in order to snatch a strategic victory from the jaws of certain electoral defeat.
And on what may happen as a result of yesterday's elections:
As stated at the outset, the most likely short and medium term consequence of the opposition's boycott will be the disappearance of the opposition. . . .
In the medium term, it is to be hoped and it seems quite probable, that a new opposition will emerge, partly from within Chavez's ranks and partly from old opposition ranks that had nothing to do with the opposition's failed adventures of the past six years. With the emergence of such an opposition, hopefully, Venezuela will finally be able to return to a more "normal" give and take between governing parties and opposition, something which has been lacking nearly completely ever since Chavez was first elected in 1998. Unfortunately, there are likely international consequences that will interfere with such normalization.
Just as it did in Haiti and Nicaragua, the Bush administration will no doubt use the December 4 opposition boycott to discredit and de-legitimize the Chavez government, regardless of what the international observers have to say about the vote. . . .
A second and perhaps more dangerous consequence of the boycott is that it sets a precedent for the rest of Latin America. There are seven presidential elections coming up in Latin America in 2006. Events in Venezuela could tempt opposition parties in these countries into making a similar cost-benefit analysis as the Venezuelan opposition made and cause them to calculate that de-legitimizing the electoral process in their country is preferable to facing near certain defeat at the polls. Such a turn of events would mean a dangerous weakening of democracy throughout Latin America for many years to come.
Read the full article here.
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lunes, diciembre 05, 2005
Things Are Heating Up in Venezuela
Sounds good, no? But read the U.S. media coverage of the heating oil program, and you might not be so sure. ABC News titled its article “Give Thanks to America's 'Nemesis': Cheap Oil for America's Poor” with the subtitle “Hugo Chavez Spreads Tidings of 'Petro-Diplomacy,'” and ominously wrote that Chávez “has threatened to stop exporting oil to gas-guzzling America saying he's against its imperialist ways.” (Actually, he merely warned that the oil supply would stop if the U.S. were to assassinate him.) For readers unfamiliar with Chávez, the Cape Cod Times describes him as “a Venezuelan president known for stormy relations with the Bush administration” and cites a think tank claim that “Chávez is practicing ‘petro-diplomacy’ to show his country's might.”
The Boston Globe informs us that “Critics have described Chávez as a democratically elected leader who governs in an undemocratic manner” and “Human rights groups have accused Chávez of curtailing press freedoms and of stacking the country's judicial system with sympathetic judges.” Furthermore, says the Globe, “Critics” (the same ones?) “said Delahunt should not be working so closely with Chávez, an outspoken leftist,” going so far as to ask Delahunt “if he was subverting State Department policy toward Chávez” (no, responded Delahunt, he was looking after the urgent needs of his constituents). Even Canada’s national public broadcaster, the CBC, labeled him “Venezuela's controversial president” and said that “His offer was seen as an attempt to embarrass the Bush administration.”
Reading all this, one might become suspicious of Venezuela’s gift. Who is Hugo Chávez, and why should he care about the plight of low-income families in the U.S.?
If Chávez is concerned about the poor of the United States, perhaps it is because his trajectory to power has been propelled by the poor of Venezuela. By the late 1990s, Venezuelans had been held in the grip of an oligarchic “democracy” for four decades, with the two dominant political parties trading off power. In the 1980s and ‘90s matters worsened, as the ruling parties further impoverished the population by weakening labor laws and implementing structural adjustment policies. The number of Venezuelans living in poverty exploded from 18% in 1980 to 65% in 1996, the largest increase of any Latin American country in those years. Finally, the Venezuelan people said enough was enough, and began to demand change.
Radicalized by the nation’s rampant poverty and growing popular uprisings, Chávez led a coup against the government in 1992. The coup failed, but won him a mass following, who in 1998 elected him President. Under his leadership, Venezuela has begun to change its economic priorities. A series of government programs known as “missions” promote adult education from literacy up to college, provide free accessible healthcare in thousands of villages and barrios, offer subsidized food and basic goods, train people to set up cooperative e enterprises, and more: the missions’ collective goal is the elimination of poverty in Venezuela. In international economics, Venezuela under Chávez has rejected the advice of the IMF and vehemently opposes the FTAA, while advancing its own “multipolar” form of globalization.
But Chavez has also made enemies, in his own country and in the U.S., where the ruling class abhors the threat of a good example. Thus it is that top U.S. officials constantly claim that Chávez is “governing undemocratically”, and are currently trying to block a sale by Spain of patrol boats and military carriers to Venezuela for use in fighting drug trafficking along the coast. (For his part, Chavez relishes the Bush administration’s attacks, turning each one into fodder for his fiery nationalist and anti-imperialist rhetoric/speeches.)
Venezuela’s gesture may generate goodwill in the hearts of those receiving the oil, but the heat is unlikely to thaw relations with the U.S. government. The oil-rich nation is demonstrating an economic model that is extremely threatening to corporate leaders and the U.S. regime.
Is it socialism? Maybe, maybe not. But it is a model that does not regard boosting stock prices as the goal that transcends all others, a model that doesn’t trumpet the “free market” as the cure for all ills, a model that puts people before profits. The doctrine nowadays dictates that any such experiment must quickly self-destruct, because “there is no alternative” to the neoliberal, corporate-driven economy.
Yet, horror of horrors, thus far the Bolivarian model not only has not fallen apart, it now is stepping in where the U.S. model, apparently, has failed. That failure is reflected in the fact that Northeastern families lack affordable heating oil in the first place, due to efforts to break down the “welfare state”, shrinking U.S. government Grover Norquist-style.
The Low Income Home Energy Assistance Program (LIHEAP) was created in 1982 to assist low-income households who must spend a large percentage of their income on heating costs, forcing them to choose between heat and other necessities such as food or health care. Due to high fossil fuel prices spurred in part by hurricanes Katrina and Rita, it’s predicted that families will have to spend up to 50% more on heating costs this year. But while energy costs have soared, the money Congress allocates to LIHEAP has actually fallen since 1985, and its funding for this year is in doubt.
Seeing that the federal program would not be enough, a group of U.S. Senators sent a letter to major oil companies asking them to donate a bit of their record profits to help families through the winter. Only one company responded: Citgo. According to the Cape Cod Times, executive director David Fox of the advocacy group Campaign for Home Energy Assistance “said Delahunt's effort to strike a deal with Venezuela . . . highlighted the federal government's disinterest in helping low-income residents get through the winter.”
''’Our objective is simple: to help people of limited means through the winter,’" said CITGO head Felix Rodriguez, as quoted in the Boston Globe. '’'No one should have to choose between heat and medicine or food.’" This attitude is a far cry from most multinational oil companies, who see high prices as nothing but an opportunity for more profits.
Of course, Venezuela’s economic approach is hardly perfect either. Poverty is still rampant in Venezuela, though it’s fallen slightly since Chávez took office. The nation’s dependence upon oil exports is another problem, both for Venezuela’s own economy and for the globe; while Bostonians’ immediate need for heating oil cannot be questioned, in the long run we need to transition away from fossil fuels. Though Venezuela, unlike the U.S., has ratified the Kyoto Protocol regulating greenhouse gas emissions, the oil-producing nation is hardly helping to reduce demand for petroleum, which would be very much against its own interest.
But Venezuelans are finding – or building – their own path towards alternative economic, political, and social systems, which may end up being a model for all the rest of us. We here in the U.S. have a responsibility to end our government’s destructive attempts to interfere in Venezuela, to ensure that Venezuelans are free to choose their path.
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If you would like to support Citgo’s efforts, find a station at http://www.citgo.com/CITGOLocator.jsp.
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domingo, diciembre 04, 2005
Elections and a new blog
Also, there's a new Venezuela blog that's getting some press: Caracas Connect. So far it seems to be just reprints of news articles -- not that exciting. But maybe it'll start offering more analysis and discussion once they've been up and running for a while.
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sábado, diciembre 03, 2005
Hyde and Seek
At any rate, Hyde and others in the U.S. are outraged at this supposed insult. The Washington Times proclaims with fervor: "On Monday, on a Caracas airstrip, Mr. Chavez demonstrated once again his authoritarian leanings. Congress and the world should take note."
But Simone Baribeau has a different (and humorous) take on what happened. Read it here.
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jueves, diciembre 01, 2005
Spanish Arms
Yet the U.S. sells arms throughout Latin America without blinking an eye. COHA helps put things in perspective.
(Not that Spain's behavior is exactly exemplary - apparently they've now turned around and are trying to sell arms to Colombia. Amnesty International is criticizing both deals.)
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miércoles, noviembre 30, 2005
The AFL-CIO and USLAW
It's a worthwhile read in itself, but I wanted to highlight a few sections that shed some light on the U.S. labor movement's current foreign policy, which is very relevant to its role in Venezuela:
In a budget-driven retrenchment that also reflects political choices, the AFL-CIO has disbanded its International Affairs Department and transferred to the Solidarity Center all responsibility for organized labor’s relations with workers and unions in other countries. While the AFL-CIO will continue to provide some funding to the Solidarity Center, the great majority of financial backing for labor’s international connections will come from U.S. government grants, particularly from the National Endowment for Democracy. With the loss of its International Affairs Department the Federation’s leadership has abandoned the possibility of an independent labor voice on foreign policy issues.
On the other hand...
That AFL-CIO affiliates and staff can participate in the Iraq antiwar movement is also a consequence of the laissez-faire attitude adopted by John Sweeney and the top AFL-CIO leadership. The end of the cold war and the 1995 election of the New Voices leadership ended an era of lock-step labor movement conformity to the commands of the national security state that earned the Federation the name “AFL-CIA.” Unlike the days when AFL-CIO leadership ruthlessly enforced discipline in support of anti-communist U.S. foreign policy, no such discipline exists today.
Finally, regarding the relationship between the AFL-CIO and USLAW:
It is ironic that at this moment of great potential the AFL-CIO has abandoned its capacity for championing its own foreign policy. In its place, USLAW will try to organize a coherent labor voice for a progressive foreign policy, focused on the war in Iraq. Despite many disagreements that some USLAW affiliates have with the Federation’s policies and statements on the war, the Federation’s ties to the National Endowment for Democracy and the 2002 anti-Chavez coup in Venezuela, and other issues of international policy, USLAW refrains from directly attacking the AFL-CIO. There has developed a live-and-let-live mutual acceptance between USLAW and the AFL-CIO’s national leadership.
Some might argue with the assertion that the AFL-CIO no longer has a voice in foreign policy, as well as with the unsupported claim linking the Federation to the 2002 coup against Chavez. I'll have more to say about that next week. In the meantime, check out the full article below.
============================================================
New Labor Forum 14(3): 61–67, Fall 2005
Copyright © Center for Labor, Community, and Policy Studies
ISSN:1095-7960/03
DOI:10.1080/1095760500245284
IRAQ AND THE LABOR MOVEMENT
The Remarkable Story of USLAW
By Michael Zweig
EVEN AS THE LABOR MOVEMENT SUFFERS DEEP DIVISION OVER THE STEPS IT NEEDS TO TAKE to turn around the decades-long decline in its organized strength, major unions on both sides of the divide, notably SEIU, CWA,and AFSCME, have passed resolutions condemning the war in Iraq and the continued U.S.occupation of that country. While the disagreements over organizing strategies and structural changes in the Federation have dominated the labor world, another profound upheaval is underway, concerning labor’s foreign policy.
In a budget-driven retrenchment that also reflects political choices, the AFL-CIO has disbanded its International Affairs Department and transferred to the Solidarity Center all responsibility for organized labor ’s relations with workers and unions in other countries. While the AFL-CIO will continue to provide some funding to the Solidarity Center, the great majority of financial backing for labor’s international connections will come from U.S. government grants, particularly from the National Endowment for Democracy. With the loss of its International Affairs Department the Federation’s leadership has abandoned the possibility of an independent labor voice on foreign policy issues.
However, unions, central labor councils, and state federations representing more than four million workers have passed resolutions since 2003 opposing the war in Iraq and calling for an end to the occupation,withdrawal of U.S.troops, and redirection of resources to domestic social needs. Spearheading this initiative has been U.S.Labor Against the War.
USLAW was founded in January 2003 at a meeting hosted by Teamsters Local 705 in Chicago,as the drive to war intensified. It has continued to expand its influence, having grown by mid-2005 into a coalition of over 110 unions, central labor councils, state federations,and other labor organizations. (A full list of affiliates and other information about USLAW is available at their website www.uslaboragainstwar.org.)
The growth and influence of USLAW stand in sharp contrast with organized labor’s role in the Vietnam era. The political factors that account for this difference will be discussed momentarily. But first of all, labor’s current opposition begins with the fact that the war is an abomination that was perpetrated through lies and deceit. Workers are offended by this as much as anyone. Almost every resolution condemning the Iraq war starts with the observation that it was based on lies, whether concerning WMDs or the supposed links between Saddam Hussein and the attacks of September 11.
The tremendous costs of the Iraq war also inspire opposition,especially when they are stacked up against the cuts in social services working people experience, to say nothing of the crying need for improved health care, housing,transportation, and so many other social needs for which we are told: “There is no money.” As Artie Scruggs, President of the Howard-Tipton Counties (Indiana) AFL-CIO put it in 2003: “The President asked for $75 billion for the first installment of the war.
He didn’t ask for anything to provide relief for states and communities that are laying off teachers,cutting kids’ health coverage, closing museums, leaving potholes unfilled, and raising taxes.”1
Besides the budgetary costs, union members are acutely aware of the human costs.Many are Vietnam and Gulf War veterans and many have family members in the military now.In the days leading up to the outbreak of war, Bob Balgenorth, president of the California State Building Trades Council,addressed a large labor conference in Sacramento. As reported in the Building Trades Council newspaper, Balgenorth said that “most union members support the war on terrorism,and that something needed to be done about Iraq,but not war.‘We need to support our fighting men and women and bring them home.’”2 The comment got a standing ovation.
Sixteen months later, the Building Trades joined with others in the California Federation of Labor to pass a resolution at the State Fed convention acknowledging that “working families in the United States have paid a heavy price for the U.S.involvement in Iraq with the deaths of 836 U.S. military personnel with many more seriously injured …” and went on to “demand an immediate end to the U.S.occupation in Iraq,and to support the repeal of the Patriot Act and the reordering of national priorities toward the human needs of our people …”3 By July 2005, the U.S. death toll had more than doubled,and labor opposition to the war continues to grow.
Why is labor so much more willing to oppose the war in Iraq than it was the Vietnam debacle? First,the Iraq war is the work of a Republican administration that in all regards is openly hostile to workers and unions in the United States. Millions of workers are acutely aware that the Bush administration has made their lives worse and means them no good, whether through social service cuts paid for by tax breaks to the richest boosters of the President, or through appointment of management supporters to the NLRB, or by demanding that 180,000 federal workers transferred in 2002 to the newly created Department of Homeland Security give up the protections of collective bargaining.
The connection between the war in Iraq and the war on workers in the United States was the basis of Joslyn Williams’ address at the USLAW-sponsored National Labor Assembly for Peace, in Chicago, in October 2003, the first national USLAW meeting after the outbreak of the war. Williams, president of the Metro Washington (DC) Labor Council, AFL-CIO, a USLAW affiliate, asked: “Why wouldn’t we be against the war? The war is not just in Iraq and it’s not just in Afghanistan, it’s in my hometown and yours, the war is in Washington, it’s in New York and Chicago, in Los Angeles and Des Moines. The war is in your city, your town, your community, and it’s a war on you and me.”4 Not all labor movement opponents of the Bush administration opposed the war, however.
Responding to a 2003 letter circulated by the National Right to Work Committee, in which unions were said to be unpatriotic, Uniformed Firefighters Association President Harold Shaitberger said, “How dare you question the patriotism of the nation’s firefighters and their elected union officials,all of whom have crawled down a burning hallway …and risked their lives countless times for the citizens of our great nation ….I have never felt more outrage, astonishment, and utter disgust than I feel today.”5 Shaitberger led the UFA to endorse John Kerry in time for the 2004 Iowa caucuses, the first union to do so, but has not opposed the war.
The 2004 presidential election campaign included an unprecedented union mobilization to defeat George W. Bush. Yet the AFL-CIO provided no training to canvassers on how to address the Iraq war. USLAW tried to keep the issue of the war alive despite the single-minded focus on beating Bush. After considerable debate, delegates at the October 2003 National Labor Assembly for Peace explicitly rejected a formulation that laid blame for the war at the feet of President Bush alone. Rather, USLAW ’s mission statement named Congress,including its Democratic Party members, as a consenting party to the Bush foreign policy.6 In the midst of the 2004 presidential campaign USLAW helped to secure successful passage of antiwar resolutions at state federation conventions in California, Maryland/D.C., Washington, Wisconsin,and Vermont. National union conventions of AFSCME, CWA, and SEIU also passed resolutions opposing the war. The APWU and the Mailhandlers Union, each with significant veteran membership, passed national convention antiwar resolutions in September 2004. Many other central labor councils and union locals signed on throughout the year.7
It seems certain that had USLAW joined the “anybody but Bush” approach, the antiwar thread of labor organizing would have been destroyed in the campaign frenzy, especially since Kerry refused to oppose the war. The fact that USLAW resolutions carried in unions supporting Kerry despite Kerry’s own stand on the war suggests the depth of feeling many working people have on this issue.
Beyond the partisan politics of the war, labor’s response to Iraq differs from the Vietnam era because many seasoned union leaders today are veterans of the Vietnam War and the antiwar movement of that time. They bring hard won experience, distrust of government pronouncements, and a basic understanding of the geopolitical interests of the U.S. ruling class that were missing from labor’s side in the 1960s. This generation of leaders is not afraid to talk about the war as a quest to control the world’s oil supply, waged to protect U.S.economic interests globally. Compared with labor leaders (and many other Americans) of the Vietnam era, hundreds of today’s union officers and senior staffers are relatively free from jingoism, and prepared to oppose U.S. military intervention abroad when it contradicts the interests of their members and principles of internationalism.
USLAW has closely cooperated with Military Families Speak Out, Veterans for Peace, and the recently founded Iraq Veterans Against the War (IVAW).8 These organizations work with union veterans committees and speak widely about the special impact the war is having on working-class soldiers like the union members and their families among whom USLAW organizes. These organizations draw the personal links between the war in Iraq and the war on working people at home in ways that open doors and minds often inaccessible to middle-class antiwar activists. They also help to explain why nearly every union resolution against the war supports the soldiers, calls for their safe return, and demands fair treatment for the vets and their families people whom the Bush administration so callously undermines.
That AFL-CIO affiliates and staff can participate in the Iraq antiwar movement is also a consequence of the laissez-faire attitude adopted by John Sweeney and the top AFL-CIO leadership. The end of the cold war and the 1995 election of the New Voices leadership ended an era of lock-step labor movement conformity to the commands of the national security state that earned the Federation the name “AFL-CIA.” Unlike the days when AFL-CIO leadership ruthlessly enforced discipline in support of anti-communist U.S. foreign policy, no such discipline exists today. The AFL-CIO Executive Council even passed a resolution opposing the race to war in early 2003 and condemning the Bush administration’s assertion of unilateral military power. Since then, although the Council has deliberately ignored the war,it has made no effort to isolate USLAW.
One can easily imagine that this might change if a Democrat were in the White House.
Senior labor officials might once again be tempted to play the role of junior partner in American political life, in exchange for their allegiance to Washington’s foreign policy. But the longer labor remains ostracized from state power, the more possible it becomes to consolidate an independent labor foreign policy based on principles and policies that challenge U.S. corporate domination abroad as well as at home.
It is ironic that at this moment of great potential the AFL-CIO has abandoned its capacity for championing its own foreign policy.
In its place, USLAW will try to organize a coherent labor voice for a progressive foreign policy, focused on the war in Iraq. Despite many disagreements that some USLAW affiliates have with the Federation’s policies and statements on the war, the Federation’s ties to the National Endowment for Democracy and the 2002 anti-Chavez coup in Venezuela, and other issues of international policy, USLAW refrains from directly attacking the AFL-CIO. There has developed a live-and-let-live mutual acceptance between USLAW and the AFL-CIO’s national leadership.
USLAW’s growth has included affiliates from 20 different international unions in addition to state feds,central labor councils,and such labor-related organizations as CLUW, APALA, Pride at Work, and Black Workers for Justice. Membership is concentrated in locals of public sector unions and those representing private workers in social services dependent upon public funds -- principally AFSCME, AFT,and SEIU. These locals are suffering severe consequences from the war budget, including cuts in social programs and demands for givebacks in contract negotiations. These realities make it easier to make the case that opposition to the war is vital union business.
Of these three unions, only the AFT has not passed an antiwar resolution at its national convention. But USLAW affiliates in AFT worked together to bring the question to the July 2004 national convention,where they were both organized and numerous enough to force an extended debate on foreign policy on the convention floor for the first time in the union’s history. The antiwar resolution received about 40 percent of the delegates’ votes, a result that has encouraged USLAW activists to continue organizing for a new debate at the 2006 convention in San Francisco.
In November 2004, representatives from AFT, NEA, and AAUP locals formed Educators to Stop the War (ESW), an offshoot of USLAW dedicated to building antiwar activity within teacher unions and in schools at all levels. Their first conference in New York City in March 2005 drew over 800 participants, including 260 high school and college students.
Among its continuing projects, ESW is developing and making available antiwar curricula for classes at all levels from K-12 through graduate school,and has established ties with the United Association of Labor Educators (UALE) to develop educational materials for unions and labor education programs.9 In summer 2005, USLAW completed two important projects. In June,it successfully sponsored a 26-city U.S. solidarity tour of six senior Iraqi labor leaders,and through the coordinated action of many USLAW affiliates, the July AFL-CIO convention adopted a resolution calling for rapid withdrawal of U.S. forces from Iraq, the first time the Federation has ever opposed an ongoing U.S. war.
USLAW seeks to promote a labor foreign policy that would establish real international solidarity with unions and workers in Iraq and across the globe, who have demonstrated in their millions against American unilateral military aggression,continuing occupation, and the neoliberal agendas of “structural adjustment” and privatization of these economies. It is an attempt to create a wide-ranging, strategic foreign policy rather than the short-term, tactical cross-border alliances unions sometimes organize when dealing with a multinational employer. USLAW takes up the war in Iraq as one element of a just foreign policy that will bring genuine security and prosperity to working people; a policy that strengthens international treaties,supports human rights institutions,respects national sovereignty and upholds the right of self-determination for all peoples; a foreign policy that solves disputes by diplomacy rather than war; a policy that promotes global economic and social justice rather than the race-to-the-bottom,job-destroying, discriminatory practices favored by multinational corporations.10 So far, with the exception of a few unions like the Professional Staff Congress (AFT 2334) at the City University of New York, USLAW affiliates have not converted their antiwar resolutions into active mobilization of members in the many massive peace marches of the past two years, although they have provided some financial support for USLAW’s operations. USLAW affiliates have been otherwise occupied, with difficult contract negotiations, fights over job losses and budget cuts, the 2004 presidential campaign, and the contentious debates about the future of the AFL-CIO leading up to the 2005 convention.
However, as the Iraq war and occupation continue, as the Bush administration grows ever more bellicose generally, labor’s engagement in the struggle for a just U.S. foreign policy becomes more essential. The fact that at this crucial juncture the AFL-CIO has eliminated its own International Affairs Department significantly complicates the process by which labor can play a role in the national debate. This makes USLAW all the more necessary in the coming period.
Notes
1. Artie Scruggs, “Where Do Income Taxes Go? To War,” Kokomo Perspective, August 20, 2003.
2. “Labor’s 2003 State Legislative Conference –Taking on the Health Care Crisis,” Organized Labor (San Francisco), March 24, 2003.
3. “Bring the Troops Home,” Resolution No. 15, adopted by the California State Federation of Labor, AFL-CIO, July 13, 2004, posted on the USLAW website www.uslaboragainstwar.org.
4. Joslyn N. Williams, “Address at National Labor Assembly for Peace,” Chicago, October 25, 2003, available at USLAW website.
5. Steven Greenhouse,“DeLay Denies Role in Letter Riling Unions:Patriotism of Labor Called into Question,” New York Times , February 8, 2003, A11.
6. See “Mission Statement” adopted by the National Labor Assembly for Peace of U.S.Labor Against the War,Chicago, October 25, 2003, posted on USLAW’s website.
7. The texts of these resolutions are available on the USLAW website.
8. Websites that present the work of these organizations are www.mfso.org, www.bringthemhomenow.org, www.vfp.org, and www.ivaw.org.
9. To see the full range of ESW activities,visit www.educatorstostopthewar.org.
10. USLAW mission statement, available on USLAW’s website.
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lunes, noviembre 28, 2005
Another Solidarity Day event
NATIONAL VENEZUELA SOLIDARITY DAY
Friday, December 2, 2005, 7-9 pm
Mission Cultural Center for Latino Arts
2868 Mission Street (between 24th and 25th), San Francisco, CA
Join us for a screening of the Global Women's Strike film "Talking of
Power: Sex, Race and Class in Revolutionary Venezuela," followed by a discussion about the revolution.
* Sign a postcard to Congress urging them to end the U.S. intervention in
Venezuela
* Sign up for the World Social Forum in Caracas
* Buy a copy of Eva Golinger's book, The Chavez Code: Cracking U.S. Intervention in Venezuela
Suggested donation: $10 general, $5 students, $3 unemployed -- no one turned away for lack of funds.
If you have a question or your group is interested in co-sponsoring, please contact Bonnie at bonnie05@stanford.edu or Zach at zach@globalexchange.org.
For more information about the Bolivarian Revolution, please visit
www.globalexchange.org/countries/americas/venezuela.
Other local events for Solidarity Day are taking place in San Jose and Marin.
Lea mas / Read more!
sábado, noviembre 26, 2005
Dec. 2nd: National Venezuela Solidarity Day
For Bay Area folks, we're showing a film that day: the documentary "Venezuela from Below", featuring interviews with dozens of Venezuelan grassroots organizers, and join in a discussion afterwards with activists from the solidarity movement Hands Off Venezuela. I'll show a few slides too :-). Hope you can make it! And if you're too far away, consider making Dec. 2nd a day to start a conversation with someone about Venezuela, or maybe write a letter to the editor...
*** On National Venezuela Solidarity Day ***
*** December 2nd, 2005 ***
Join us in learning about Venezuela’s social movements and people power!
Venezuela from Below
A film by Dario Azzellini and Oliver Ressler / 67 min., 2004
Film Screening and Discussion
Friday, Dec. 2nd, 7 pm
El Primer Pueblo Librería
410 E. Santa Clara St., San Jose, CA

In Venezuela, a profound social transformation identified as the Bolivarian process has been underway since Hugo Chávez was elected president in 1998.
But this process is not the work of one leader. It has grown from the participation of millions of ordinary Venezuelans who are struggling to bring about change.
For the first time, hear the voices of the true actors in the Bolivarian process: the grassroots.
** On December 2nd, 2005, the anniversary of the Monroe Doctrine, people around the country will gather in solidarity with the people of Venezuela, rejecting the interventionist U.S. strategy laid out in the Monroe Doctrine and still being pushed today. Join us in supporting Venezuelans' right to democratically choose their own government! http://www.ushov.org **
For more information: http://www.azzellini.net/filmvenezuelaeng.htm
http://www.venezuelanalysis.org/
Questions about the event? Email bugsblog@yahoo.com
Get involved! http://www.sbm4peace.org/
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jueves, noviembre 24, 2005
Ortega's trial continues as scheduled (wow, really?)
I wonder why there hasn't been more (or any) fuss in the U.S. media about this, especially considering all the concern they've manufactured for Maria Corina Machado. Maybe Ortega doesn't seem as sympathetic a character...
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domingo, noviembre 20, 2005
Ortega trial begins, at last
The trial of Carlos Ortega finally got underway last week, after multiple delays and postponements. But now - guess what? -- it's been delayed again.Ortega is being tried for his role in leading the oil industry stoppage of winter 2002, which left many Venezuelans lacking fuel, food and other necessities for months and caused billions of dollars in losses to the nation's economy. The stoppage failed to achieve Chavez's resignation, and it gradually petered out, while Ortega fled the country.
He was captured in a gambling house after returning to Caracas earlier this year. Now he stands accused of civil rebellion (the most serious charge), instigation to lawbreaking, and use of a false document (the fake ID he was carrying when captured). An earlier charge of treason was thrown out by a previous judge. (More background here.)
In his initial statement last Wednesday before the court, though, Ortega responded to none of these charges. Instead, he took the opportunity to criticize the judge, the court, and the nation's judicial system, saying, "I do not believe in this Judicial Power, because it is not autonomous, but responds to the dictates of this Administration."
At the time of the oil stoppage, Ortega was the president of the CTV, Venezuela's old-guard union confederation. When he was first captured last spring, they vigorously defended him, saying the charges were politically motivated. Haven't heard much from the CTV recently about Ortega's case, though.
So why the new delay? Ortega fired his public defender (at least that's the gist of it -- I don't know what the legal procedure and terminology is in Venezuela) and is starting again with a new lawyer, Carlos Roa Roa. The trial is supposed to start again on Tuesday, though, so maybe this time the delay will be brief.
For minute-to-minute coverage of the trial, tune in here! (Just kidding. But I will post an update if I hear of any major new developments.)
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miércoles, noviembre 16, 2005
Update on New Tribes
Venezuela has given a US missionary group 90 days to leave the country.
. . . . says the BBC. We'll see.
This time it's an official decree, not just a speech by Chavez, so it has some teeth. But New Tribes says they'll appeal. Will they end up staying or leaving? Bets anyone?
Also, according to New Tribes, BBC seems to have gotten it wrong - the decree doesn't require them to leave the country altogether. It revokes their permission to operate in indigenous communities in four states. I haven't read the text of the decree (is the Gaceta Oficial online? Anybody know?), but I'm inclined to believe the New Tribes announcement in this case.
(Here's some background on the New Tribes controversy.)
And I know the Mexico-Venezuela spat is big news, but I'm not going to write anything about it -- far as I can see, it's just Fox and Chavez grandstanding for their respective constituencies. Wait a couple weeks and it'll all fade away.
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domingo, noviembre 13, 2005
A (very) brief history of U.S. domination in Latin America
A call has been put out for Venezuela-centered events to be held on the anniversary of the Monroe Doctrine, Dec. 2nd. See www.lasolidarity.org for details and local event listings. I'm working on putting something together in San Jose, so if you're a Bay Area local, stay tuned!
Monroe Doctrine and Venezuela
by Cort Greene
November 11, 2005
"But this man is a terrific danger and the United States, this is our sphere of influence and we can’t let this happen ... We have the Monroe Doctrine. We have other doctrines that we have announced. And without question this is a dangerous enemy to our south, controlling a huge pool of oil ... We have the ability to take him out, and I think the time has come that we exercise that ability."
- Pat Robertson’s comments calling for the assassination of Venezuelan President Hugo Chavez.
This December marks the anniversaries of two of the most important documents of the United States ruling class’ imperialist policy. These documents epitomize the American imperialists’ paternalistic worldview, which they use to maintain their political and economic interests, and to expropriate the markets, raw materials and labor of the peoples of not only the western hemisphere but of the world.
The Monroe Doctrine of December 2, 1823, and the Roosevelt Corollary to the Monroe Doctrine of December 6, 1904, are the bedrocks of expansionism and intervention which has caused so much misery, death and impoverishment for millions across Latin America. The country of Venezuela has played no small part in this history.
In the early decades of the 19th century, the South American Wars of Liberation were raging against Spanish domination in Chile, Peru, Colombia, Ecuador and Venezuela. One figure who rose to international prominence during these struggles was Simon Bolivar. His vision of freedom from foreign domination, as well as the necessity of economic and social integration of the region has become the inspiration for Venezuela’s Bolivarian revolution
But he was not just a man of words. At the Battle of Carabobo on June 24, 1821, his brilliant military maneuvers sealed the fate of the Spanish forces in Venezuela, and shortly thereafter, assured the demise of their empire in the region.
The Monroe Doctrine was created to project the United States’ sphere of influence into the Americas and fill the void left by Spain. It was also due to the upstart nation’s fear of Latin American colonization by other more powerful European imperialists. In short, they saw Latin America as their own "backyard" and field for exploitation. Even before setting out to impose their will on the peoples of Latin America, one of the first applications of the spirit of the doctrine was the "internal imperialism" against the indigenous peoples of North America, oppressing and obliterating entire civilizations in the country’s move westward. Hundreds of thousands of square miles belonging to Mexico were "acquired" as well.
A succession of presidents invoked the Monroe Doctrine in the annexations of Texas, California, Oregon and to fend off European interest in the Yucatan and Mexico, and it was used as the justification for the building a canal in Central America to control shipping and commerce. President Cleveland used it to force a settlement in land dispute between Venezuela and Britain in 1895.
The Roosevelt Corollary
In 1902, Venezuela could no longer placate the demands of European bankers and pay back its debt, so the navies of Great Britain, Italy and Germany blockaded and fired on its coastal fortifications. Theodore Roosevelt became fixated on the prospects of re-colonization of the hemisphere, and in 1903, he matched threat with threat, warning the combatants that Admiral Dewey’s fleet would intervene. The navies withdrew, and negotiations returned to the field of diplomacy.
Roosevelt’s Corollary, in an address to Congress, became an amendment to the Monroe Doctrine which launched the era of the U.S. as an international police force through the use of its infamous "big stick". This opened the bloody history of U.S. involvement on a grand scale, which haunts the peoples of the region and the world to this day.
Though it has gone through many ideological contortions including "dollar diplomacy", the "good neighbor" policy, the "Reagan Doctrine" and most recently, the "Bush Doctrine", the content has remained the same. Some of the mechanisms of control include the School of the Americas, the Organization of American States, the Inter-American Defense Board, Plan Colombia, the IMF and World Bank, NAFTA, CAFTA, and now the Free Trade Agreement of the Americas. It is clear from the above how the Monroe Doctrine has been used to dominate the cultures, political life, and economics of the Latin America, all the while integrating the labor, natural resources, productive and financial structures into a system of capital accumulation for the benefit of U.S. hegemony.
As Karl Marx explained, "The profound hypocrisy and inherent barbarism of bourgeois civilization lies unveiled before our eyes, turning from its home, where it assumes respectable forms, to the colonies, where it goes naked."
The U.S. has long considered Latin America its own backyard and has tried to keep a stranglehold on the region. But through its own policies, a beacon of light has appeared: Venezuela’s Bolivarian Revolution. Hugo Chávez and above all the Venezuelan grass roots movement have shown the masses of Latin America a way out. Revolutionary waves are sweeping the region, and working people are engaged in a war with the exploiters on a mass scale. The masses have shown an unquenchable fighting spirit: there is not one stable pro-U.S. regime from the Rio Grande to Tierra del Fuego, and Washington is terrified of the implications.
From 1798 to 1993, the U.S. used its armed forces to intervene in other countries 234 times. Since then we seen the bombings of Yugoslavia and Sudan, the wars in Iraq and Afghanistan, and the U.S. intervention in Haiti which was aimed also at Venezuela and Cuba.
In Venezuela the U.S. has been waging a protracted covert struggle, fighting what the U.S. Army manuals call "fourth generational warfare" by using the National Endowment for Democracy, AID, the AFL-CIO’s Solidarity House, some NGOs, corporations and others. Through these and other institutions they have financed a terrorist opposition in order to sabotage and destabilize the economy with lockouts, paramilitary operations and of course, the coup of April 2002.
None of this has succeeded and the revolution has only gotten stronger. Now we discover that there are contingency plans for a direct invasion as outlined in the internal military briefing documents titled "FY08-13 POM", dated October 2005. POM stands for Program Objective Memorandum and these documents are used to analyze missions and resources for war. The threat to Venezuela is real. The only way to defeat the plans of U.S. imperialism is to mobilize the world labor movement, anti-war activists, solidarity campaigns and their allies, and it must be done with a sense of urgency.
That is why the Hands Off Venezuela Campaign is working with the Latin American Solidarity Coalition to get organizations and individuals to take up the call for a series of events around the anniversary of the Monroe Doctrine. For more details on the email and educational campaigns, for information on events taking place in your area, or to host an event yourself, please visit:
www.handsoffvenezuela.org
www.lasolidarity.org
Lea mas / Read more!
domingo, noviembre 06, 2005
New Tribes, old problems?
Venezuela is an overwhelmingly Catholic country, with a Protestant population of only about two percent. New Tribes is an evangelical Protestant group headquartered in Florida which sets up missions to reach indigenous Latin American populations.
According to Kozloff, New Tribes is a powerful continent-spanning organization which has a long and checkered history in Venezuela:
In 1946, members of the North American based New Tribes Mission, a
fundamentalist Protestant sect, entered Venezuela from across the Colombian
border. Posing as tourists and “curious explorers,” they settled along the Negro
River in the region known as Casiquiare. At the time, the area was used for the
exploitation of natural rubber which had not yet been replicated as a synthetic
fiber and was, as such, still a vital strategic material. The arriving
missionaries were not given a particularly warm welcome by the indigenous
peoples living in the immediate area. The Aquencwa Indians, then led by their
leader Horacio Acisa, soon began to violently resist their unwelcomed northern
visitors. . . . To carry on its ambitious work, the organization had a staff of
more than 150 including missionaries, linguists, pilots, engineers, technicians
and others. It also had its own communication network. By 1980, God’s soldiers
had 2 Bible institutes, 6 basic training camps, a linguistic institute, a radio
station, a medical center, and a housing complex for retired missionaries. Even
more impressive, New Tribes built 29 air strips from which their light aircraft
fleet operated. The airstrips and settlements all fell under their exclusive
control.
In the late 1970s, New Tribes came under heavy fire for its actions among Venezuela's indigenous populations in Amazonas. They were charged with systematically working to destroy the cultures of the Amazonas peoples. Then New Tribes personnel were accused of economic espionage: using their missions as cover to search for exploitable mineral deposits. A groundswell of Venezuelans concerned for their nation's sovereignty, including indigenous leaders, demanded that New Tribes be expelled. The government investigated the matter, but then let it drop, in part due to political pressure.
I don't know if the charges against New Tribes were ever definitively proved. At any rate, they have continued to proselytize in Venezuela and in 16 other nations. According to the New York Times, New Tribes has 3,200 staff worldwide, including 160 in Venezuela.
So, why go after New Tribes right now? Chavez accuses them of espionage in cooperation with the CIA, saying he's seen a report and video with proof. He also accuses them of eroding indigenous culture and livelihoods and of violating Venezuelan sovereignty by essentially operating as a private state. They're also said to have engaged in industrial espionage by scoping out mineral-rich areas for foreign mining companies, or 'bioprospecting' for pharmaceutical companies.
New Tribes denies all these charges, and evangelicals in the U.S. have sprung to their defense. Some indigenous Venezuelans who work with New Tribes have also spoken out against the expulsion, and even held a march in protest of Chavez's announcement.
Certainly, with dozens of private airstrips and bases throughout Amazonas and several other states (although New Tribes now says they don't have any airstrips - I'm not sure what to make of that, where did they go?), New Tribes seems well equipped to set up a secret operation, but did they? And if so, are their allegedly colonialist and illicit activities now any different than in the past? Some say it may have more to do with Pat Robertson, who set a resoundingly bad example of evangelical Protestantism when he called for Chavez's assassination on national television, than with any recently discovered actions by New Tribes.
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jueves, noviembre 03, 2005
The South en vivo
Wonder if it'll be available anywhere in the U.S.?
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martes, noviembre 01, 2005
NYT on 21st-century socialism
It glosses over a lot of details, and in doing so, misrepresents some of the programs: for instance, it twice says that the cooperatives have all been created diectly by the government. In reality, although the government is supporting and promoting the formation of cooperatives, very few are directly created by the state. Mostly they're created by the cooperative members, just like any small business.
Of greater concern is their reliance on unnamed sources (or, I suspect, no primary sources at all) to create the impression that Venezuela could face a looming crisis triggered by flight of foreign companies if it doesn't rein in its "socialist" tendencies.
First they note that no such flight is happening, and in fact, both Venezuela and foreign companies there are doing quite well:
So far, no noticeable exodus of foreign companies operating in Venezuela has
occurred. Banks and oil companies are making record profits thanks to oil
prices that have left the country, the world's fifth-largest exporter, awash in
petrodollars. This year, the oil industry is generating $20 billion for the
government, nearly $8 billion more than last year.
Still, there is restlessness in the boardrooms, with executives worried about
government intervention, which is sometimes seen as haphazard and improvised.
What boardrooms? Which executives? Was anyone interviewed to corroborate these claims?
Economists say the government has not made the investments needed in the oil
sector. And political analysts and mainstream economists warn of recession and
dourly note that foreign investment is about a third of what it was five years
ago. They say that Venezuela's vast oil profits give the illusion of prosperity
- the economy's growth rate is 9.3 percent - but that if prices fall, or
Venezuela's growing spending catches up, the economy could founder.
I certinaly agree that Venezuela's dependence on oil is a major problem. But I still have to ask, which economists and political analysts say this? The article quotes Domingo Maza Zavala, the director of Veneuzela's Central Bank, but his comments don't particularly support most of the above paragraph.
What economic principle dictates how much investment is "needed"? By what measure is prosperity defined as a "illusion"? One might argue that it's unsustainable, but that growth rate is real, at least for now. Finally, government spending in Venezuela is growing by leaps and bounds -- I can't imagine how much faster it would have to grow in order to "catch up", if that formulation even make sense.
Despite these shortcomings, overall I think it's a decent article, and a nice short synthesis of what's going on in Venezuela from a business standpoint. You can read it here (hopefully the link works; I've been having trouble with the NYTimes site today).
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AFL-CIO international operation gets new director, expanded board
Oct. 31, 2005
SOLIDARITY CENTER PICKS NEW LEADERS--For the first time in its history, the AFL-CIO Solidarity Center is expanding its board of trustees to include state and local union leaders and academics. The newly elected trustees include Illinois AFL-CIO President Margaret Blackshere, Metropolitan Washington (D.C.) Council President Joslyn Williams, National Labor College President Susan Schurman, CWA President Larry Cohen, Machinists President Tom Buffenbarger and United Steelworkers President Leo Gerard. Barbara Shailor, former international affairs director of the AFL-CIO, was named executive director of the center effective Nov. 1. She will succeed Harry Kamberis, who is retiring.
In case you're wondering, yes, this is (very much) relevant to Veneuzela -- the Solidarity Center (aka the ACILS) operates in the country, working with Venezuelan unions, and has been accused of strongly favoring the opposition.
I don't know what, if anything, these changes at the top will mean) for the ACILS's operations. Opening up the board seems like a promising move by an institution that historically has not been accountable to the rank and file. However, what little I've heard about Barbara Shailor has not been positive.
For more on the Solidarity Center and its operations in Venezuela, see here and here.
Lea mas / Read more!
viernes, octubre 28, 2005
Watching baseball in the eye of the storm
Venezuelans everywhere, along with many other White Sox fans, are celebrating the result of the final World Series game this week. Venezuelans are crazy about baseball (see the photo on the right; the teenage son of a family I stayed with in Merida had his bedroom walls plastered with baseball posters) , and a number of Venezuelans play for teams in the U.S. -- but this is the first team managed by a Venezuelan to win.I don't follow sports, but I appreciated this story about a Miami Venezuelan-American family hit by Wilma who used a bit of precious gas to power a TV so they could cheer their team to victory. My family in Florida were also in Wilma's path, and they spent several nights cooking canned soup on the gas grill and playing board games by candlelight. Luckily, their power came back on yesterday, but it stll hasn't been restored in a lot of places.
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lunes, octubre 24, 2005
Smashing pumpkins
Venezuela is now being haunted by menacing anti-Chavez . . . pumpkins. Some of them made up to look vaguely explosive, others, apparently, bearing caricatures of Chavez's face.
The police are taking it seriously, in case one of them really is a bomb (so far, no). But if this is the best the opposition can come up with, Chavez is definitely a shoo-in for reelection next year.
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viernes, octubre 21, 2005
Poverty down, but not far enough
Venezuela's National Institute of Statistics (INE) also announced that by the end of 2005, the proportion of Venezuelans in poverty is expected to drop to 35%, down from 47% for 2004. Not sure what it means that they "expect" it to go down to that level; I'd rather hear what the poverty level is right now (for the first half of 2005 it was 38.5%.) But still, good news.
The economy is growing at an extremely fast pace, making up for the losses incurred during the lockouts and the coup, and this growth is helping people to find jobs and climb out of poverty. Undoubtedly the drop in poverty is also helped by government programs providing subsidized food, free health care, job training and access to microloans. If poverty does decline to 35% in the next two months, it will be substantially below the 42% rate when Chavez took office.
Nevertheless, the number of Venezuelans in poverty and/or unemployed is still high.
Clearly, Chavez hasn't solved Venezuela's deep-rooted economic problems. But he didn't create them either. Poverty has been growing pretty much continuously since 1980.
And not just in Venezuela. Throughout Latin America, the last two-and-a-half decades spent following supposedly pro-development reforms, heavily promoted by the West -- and known collectively as "the Washington Consensus" -- have led to economic and social devastation. Latin American people are increasingly revolting against what they call the "neoliberal" regime of dropping tariffs, privatizing public services, eliminating labor laws, and throwing the doors wide open to international investment.
There can be little doubt that these policies have spectacularly failed Latin America. As Weisbrot points out, even the basic economic statistics are damning, without considering the massive growth in poverty and inequality:
For the region as a whole, growth in GDP (or income) per person -- the most basic measure of economic success or failure -- was about 80 percent from 1960 to 1979, but only 11 percent for the 1980-1999 period and a mere 3 percent for 2000-2004.
Has Venezuela found a way out and forward, or is this just a temporary respite from the ravages of the "global economy"? Time will tell. But it's certain that Latin America urgently needs an alternative path.
Lea mas / Read more!
miércoles, octubre 19, 2005
I'm back! (I think)
And yes, I an back in the U.S. My time in Venezuela was incredible -- many many thanks to all the wonderful people there who I got to know and who helped me out! I'm trying to cook up a scheme to go back for the World Social Forum in February...
A note: lately a number of people have been trying to post spam comments on this blog. (By "spam" I mean comments that have nothing to do with the blog or with Venezuela and are simply promoting your own website.) Don't bother. I will delete all spam within 24 hours. But real comments, pro or con, are very welcome.
-bugs
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viernes, julio 22, 2005
Telesur to launch on Sunday
It's available in North America as well, but I don't know how many cable providers will carry it. I've been trying to find out if Comcast (our local provider) has any plans to do so.
In hysterical overreaction, the U.S. House of Representatives passed an amendment by Connie Mack to begin transmitting anti-Chavez radio and TV propaganda to Venezuela (presumably in violation of Venezuela's licensing laws for the airwaves, though I haven't seen any articles that specifically mention this.) As a response to the launch of a continent-wide cable network, this make zero sense. At one point (when I was a child), Connie Mack represented my district; even then I didn't like him, and it seems he hasn't gotten much better.
The Venezuelan legislature is responding somewhat hysterically too. But I think it's mostly all a war of words. I bet the U.S. transmissions (which would still have to be approved by the Senate and the President) will never actually get off the ground.
Lea mas / Read more!
jueves, julio 21, 2005
Chicago Tribune on "21st century socialism"
Faced with violent protests and a bitter recall referendum, Chavez spent his first six years in office fighting for his political life even as he poured billions of dollars into social programs.
But now, with the political opposition vanquished and oil prices near record highs, the Venezuelan leader is in a strong position to launch what he describes as "21st Century Socialism.
This is a much more intelligent article than the recent rash of U.S. reports trumpeting the latest poll results that only 28% of Venezuelans support socialism, while failing to mention that only about 28% support capitalism!
Eschewing Marxism-Leninism, Lanz says, Chavez has developed an economic model called "endogenous development" whereby state oil money will finance the creation of thousands of small-scale cooperatives in agricultural and other areas to provide jobs and foster community development.
A second leg of Chavez's master plan is something known as "cogestion," roughly translated as co-management, where the state is helping workers purchase shares of companies they work in to give them a greater say in management.
The goal of all this, they say, is to lift millions out of poverty by reducing Venezuela's reliance on oil, which has left the country with a weak manufacturing and agricultural base and over-dependent on imports of food and almost everything else.
Of course, the significance of all this goes beyond Venezuela. To developing countries, if its model succeeds, it may represent a way out. To the United States, it represents the 'threat of a good example', with the added twist of oil.
Whether Chavez succeeds or fails in his economic gambit could have enormous impact across the continent, where the Venezuelan leader is gaining influence amid a resurgence of the Latin American left.
The outcome also is crucial to the United States, which imports large quantities of Venezuelan oil despite Washington's hostility toward Chavez and Chavez's anti-Americanism.
Critics, as always, say that the new models are not workable, while external factors imperil their chances of success.
Private investment remains low because of uncertainty over Chavez's long-term goals and his feud with the U.S. Then there is the issue of oil prices, which provide a windfall now but could become a liability.
. . .
One model for Chavez's new economy sits on a hill overlooking Catia, a working-class neighborhood in Caracas.
There, the government spent about $3 million to build a shoe factory and clothing factory employing about 400 people. The project includes a health clinic and basketball court.
Inside the clothing factory, several dozen women belonging to a new cooperative sat at sewing machines making aprons, sweatpants and other items.
The government is providing the employees an interest-free loan, technical support and other assistance to get them started and has been paying each employee a $90 monthly stipend.
"This is a source of work for the neediest," said Ana Guedez, a 39-year-old former homemaker who now works as a seamstress. "We are just starting out."
But Frausto, who manages the Catia project, said it is uncertain whether the factory's production and quality will ever be high enough to ensure its long-term viability.
Full article (free registration required)
Lea mas / Read more!
miércoles, julio 20, 2005
Urgent letter to U.S. union members
If you're not a union member, the Latin America Solidarity Coalition has a petition you can sign.
Dear Sisters, Brothers, Friends,
If you are a member of a union please pay special attention to this letter. If you are not, please bring it to the attention of union members you know immediately.
From July 24-28th the AFL-CIO will be holding its national convention in Chicago. Much attention has be focused on the leadership question and differences between groups of unions. This letter is NOT about that.
Also before the convention will be a resolution titled 'Build Unity and Trust Among Workers Worldwide,' dealing with AFL-CIO activities in the field of foreign [affairs]. This resolution was passed unanimously by the California Labor Federation which represents 2.4 million workers (1/6 of the AFL-CIO). It would radically alter AFL-CIO ties to government policy. 'Build Unity and Trust' calls upon the AFL-CIO to accept money from the National Endowment for Democracy (NED) or other government agencies ONLY with "extreme caution" and "ONLY to pursue the goals of honest international labor solidarity...and renounce any tie that would make us paid agents of the United States Government or the forces of corporate economic globalization."
We are told that the Build Unity & Trust Resolution has been endorsed by various Central Labor Councils, including; Rochester, NY, Tucson, AZ, Denver,CO, Seattle,WA, San Jose,CA, Monterey-Santa Cruz,CA, and San Francisco,CA.
Because of growing support against the NED and NED funding, several southern state federation executive boards have submitted a self serving resolution written by the AFL-CIO¹s 'Solidarity Center' which gets most of its money from the NED and other government agencies. Their resolution avoids any mention of 'Solidarity Center' funding by the NED and the Bush administration.
With more than one resolution submitted on the same general topic, the Convention Resolutions Committee will most likely draft a "composite" resolution and present it to the Convention. Debate will then be on their recommendation.
Attached to this letter are the members of the Resolution Committee and their union affiliation. If you are a member of any of their unions or central labor councils or know anyone who is, we URGE you to communicate with them, in a respectful way, your views on the Build Unity & Trust Resolution.
In other words, we are asking you to do what you, and anyone else you may know, can do right now. . . It is urgent that letters be sent or faxed immediately as some members of the Resolutions Committee are already on their way to Chicago.
IN SOLIDARITY,
FRED HIRSCH
VICE PRESIDENT PLUMBERS & FITTERS LOCAL 393
LATIN AMERICA SOLIDARITY COMMITTEE
S A M P L E L E T T E R
Dear _________,
As a member of __________________ I¹m writing to you today to ask you, as our representative on the Resolutions Committee at the AFL-CIO Convention, to support the 'Build Unity and Trust Among Workers Worldwide' resolution.
The resolution, which was passed by the 2.4 million member California Labor Federation, cites some very questionable AFL-CIO work abroad, recently in Venezuela, financed through the government funded National Endowment for Democracy (NED). It calls into question the "dubious" history of the NED for "assisting in overthrowing democratically elected governments and interfering in the internal affairs of the labor movements of other countries." The resolution calls for "extreme caution in seeking or accepting" government funds "and to accept these funds only to further the goals of honest international labor solidarity..." It calls upon the AFL-CIO to "renounce any such tie that would make us paid agents of government or the forces of corporate economic globalization."
The resolution asks for transparency in AFL-CIO activities abroad. The same kind of transparency demanded in the finances of our own unions. "Build Unity and Trust" would allow the AFL-CIO to continue genuine solidarity work. It urges the Federation to turn, not to funding sources such as the Bush administration, but to its affiliates and members. Real solidarity has to be independently offered our unions. We cannot continue to pass through Bush administration resources dubiously labeled as 'solidarity.'
Thank you for giving 'Build Unity and Trust' your careful attention. I hope it will be benefited by your support and leadership on the Convention Resolutions committee and that you will help get it to the floor of the convention with a positive recommendation. Its passage will enable Federation foreign affairs activities that are newly independent of government ties and which can be trusted by workers and unions in other countries.
In Solidarity,
(Your name and the name of your local union)
Members of the Resolutions Committee: [these are the folks who need to get letters and faxes! --bugs]
Gerald McIntee, President, AFSCME - Chair
Linda Chavez-Thompson, AFL-CIO Executive Vice President, Vice Chair
Leo Gerard, President, USWA, Secretary
Jim Andrews, President, No. Carolina State AFL-CIO
Stuart Appelbaum, RWDSU/UFCW President
Baxter Atkinson, American Federation of School Administrators
Rick Bender, President, Washington State AFL-CIO
Clayola Brown, Unite
Jeff Crosby, President, No. Shore, MA CLC
Jeff Fiedler, Food & Allied Service Trades Dept.
John Flynn, President, Bricklayers
Fred Frost, President, So. Florida AFL-CIO
John Gage, President, AFGE
Mike Goodwin, President, OPEIU
Bob Haynes, President, MA State AFL-CIO
William Hite, General President, UA (Plumbers & Pipe Fitters)
Frank Hurt, President, Bakery, Confectionary & Tobacco Workers
Cheryl Johnson, President, United American Nurses
Gloria Johnson, IUE/CWA
Leon Lynch, Vice President, USWA
Leslie Moody, Denver Area Labor Federation, AFL-CIO
David Newby, President, WI State AFL-CIO
Terry O'Sullivan, President, Laborers Intl. Union
Clyde Rivers, President, CA School Employees Association (CSEA)
John Ryan, President, Cleveland CLC
John Wilhelm, President, Unite HERE
Bill Young, President, NALC
Lea mas / Read more!
All eyes on Chicago: U.S. labor movement to debate involvement in Venezuela and other nations
Among the contentious issues to be decided at this year's convention is a little-known resolution called "Unity and Trust" that would call on the AFL-CIO to open up about its past and present activities in other countries -- especially Venezuela.
Of course, convention debates over AFL-CIO foreign policy (there's also a resolution calling for bringing our troops home from Iraq) will be overshadowed by The Big Question: will the AFL-CIO stay together, or break apart?
Next week's meeting, where a large group of unions may leave the AFL-CIO if they do not get their way on reform proposals, is the culmination of several years of debate on what the labor movement must do to confront the changing economy, right-wing attacks on workers, and growing corporate power. Everyone agrees that U.S. organized labor must change if it is to survive. The disagreement lies in how.
But buried in the news about this confrontation will be the foreign policy resolution, whose full title is "Build Unity and Trust Among Workers Worldwide". (This resolution has nothing to do with the debate over AFL-CIO leadership and structure.) Unity and Trust comes out of decades of efforts to drag the AFL-CIO's foreign operations out into the light, spearheaded by dedicated labor activist Fred Hirsch, vice-president of the plumbers' union here in San Jose.
During the Cold War, U.S. labor's activities abroad were often undertaken in support of U.S. government activities and the so-called fight against communism, which, of course, often amounted to undermining or overthrowing democratically elected leaders. The American Institute for Free Labor Development (AIFLD), the predecessor to today's American Center for International Labor Solidarity (ACILS, or "Solidarity Center"), played a key role in overthrowing elected Chilean president Salvador Allende in 1973.
When reformist John Sweeney was elected AFL-CIO president in 1995, he shut down AIFLD and the other international offices, and created the Solidarity Center. Though this was meant to be a break with the AFL-CIO's bad old past and a return to real international solidarity, some argue that many of ACILS's activities have continued along the same path of serving as a front for U.S. corporate interests. Many are concerned that its support for the 1973 Chile coup is being repeated in Venezuela today.
The ACILS gets almost all its funding from the National Endowment for Democracy, an organization funded by the U.S. government to "promote democracy" worldwide; in reality, its programs are more likely to undermine democracy in favor of multinational corporate interests. Allen Weinstein, who helped create the NED, admitted to the Washington Post that "a lot of what we do today was done covertly 25 years ago by the CIA."
Many union members worry that ACILS's financial dependency on the NED means political dependency as well; that the Solidarity Center, instead of acting in workers' interests, acts in the interests of Washington and corporate elites. At the same time, ACILS backers say it is doing legitimate work supporting workers' rights, and even opponents acknowledge that it has supported struggling unions in some countries.
Personally, I don't know whether the Solidarity Center's work in Venezuela has been legitimate support of workers' rights, or complicity in U.S. efforts to oust Venezuela's democratically elected, popular president. Getting the truth out about these issues is why the convention delegates needs to pass "Unity and Trust", which would commit the AFL-CIO to open up about its past and current international activities.
Revealing the AFL-CIO's complicity in destroying democracy in Chile and other nations may be painful, but we can't learn from our history unless we acknowledge and understand it. U.S. union members should know what is being done abroad in our name, and indeed, we should become active participants in building solidarity with our sister and brother unionists worldwide. We have nothing to lose and much to gain from greater transparency.
Further resources:
Jeff Crosby on Unity and Trust: "A 'Truth Commission' for AFL's Foreign Policy", July 2005
Speech by Fred Hirsch on Venezuela and the AFL-CIO, July 15th, 2005
Kim Scipes: "An Unholy Alliance: AFL-CIO and NED in Venezuela", July 11th, 2005
"Build Unity and Trust Among Workers Worldwide", resolution passed unanimously at the convention of the 2.4 million member California Labor Federation, July 13, 2004
Lea mas / Read more!
Fred Hirsch on the AFL-CIO in Venezuela
Venezuela's position today is very similar to that of Chile in 1972. Then, progressives the world over focused their hopes on Chile, a nation following a democratic course which challenged imperialism. The program of the Unidad Popular, the coalition which empowered the government of Salvador Allende was, essentially, class conscious, nationwide community organization. Its example and potential threatened, not only U.S. investments in Chile, but U.S. economic and political domination in Latin America. Richard Nixon corralled his covert intelligence pparatus and drowned Chile's vitality in a bloody coup. The Pinochet coup was aided, abetted and enabled by the AFL-CIO. In his last words, Salvador Allende spoke of the "treason" of the leaders of "gremios," unions of professionals, subsidized and supported by the AFL-CIO. In 1975 Hortencia Allende identified Robert O'Neill, the AFL-CIO's chief in-country operative, as the "number one" intelligence agent in Chile. The Pinochet coup could not have happened without the destabilizing role of the AFL-CIO. Over three thousand militants, largely trade unionists were tortured, killed and disappeared.
Chile was no exception. Similar AFL-CIO foreign operations were undertaken against many governments and/or labor movements that have challenged the interests and dominance of Corporate America. AFL-CIO operatives helped overthrow democratically elected governments in Guatemala (1954), Brazil
(1964) and Chile (1973). They subverted and repressed progressive movements
in countries such as Guyana (1964), Dominican Republic (1965), El Salvador
(1980s) and South Africa (prior to 1986), Nicaragua, (1980s & early '90s).
In the Philippines, Korea, Indonesia and South Africa they backed labor
movements which supported dictatorships. The AFL-CIO has refused to "clear
the air" with an honest accounting of any of these events.
Today, as we saw in Chile, we see in Venezuela a nationwide movement to
empower the people through participatory democracy, the engine of national
development at a grassroots community organizing level. We see a defiant
fist raised against "neoliberalism," today's term for corporate driven
imperialism. In Venezuela today, democracy is a robustly muscular force
that shouts out from the heart of the people. That force was palpable,
surging in the crowds of voters who waited on lines, some overnight and
into the next day, to vote "No!" to defeat last year's Referendum to oust
President Hugo Chavez Frias and to support their Bolivarian Revolution.
With critical oil reserves in the balance, the example of Iraq, and with
Bush and his junkyard dog neocons in power, the stakes and the danger are
much higher than in Chile in 1973.
As in Chile, and in most Washington interventions, a main strategy is to
penetrate the labor movement, to divide it where possible and to use it to
win state power for a reliable elite. We hardly ever hear the term "class
consciousness" used in the AFL-CIO. With Cold War abuse and red baiting the
term was tarnished, and may remain tarnished for many years in the U.S.
vernacular. It is, however a common term in Venezuela, and among Latin
American trade unionists generally. In Colombia thousands of trade union
leaders and activists have been murdered. When you ask union leaders why
the paramilitary forces target trade unionists, their most common answer is
something like: "Because we are the organized working class. The
transnational corporations and elites know that when we get it together we
can make a new society. We can build a better future where there will be no
special privilege for the rich. They kill us to decapitate the future."
The truth of such understanding is that the wealthy elites who control so
many governments have an acute class consciousness. They will violate any
moral boundaries to maintain control. They share that class consciousness -
from diametrically opposed interests - with the trade unionists of Colombia,
of Venezuela, and of much of the world. Unfortunately, with almost a
century of mostly business unionism that made anti-communism more important
than winning for workers, and a pervasive corporate culture, the AFL-CIO has
been starved of the rich food for thought and action which such class
consciousness would provide.
In that context, it should be no surprise that forty three years ago top
leaders of the AFL-CIO sat down with top leaders of the corporate elite to
form the American Institute for Free Labor Development (AIFLD.) Their aim
was to destroy class conscious unions and support business unionism in Latin
America, paralleling U.S. government efforts to make Latin America safe for
transnational corporations. With the wealth of Venezuelan resources, the
corporate CEOs and their AFL-CIO counterparts gave the corrupt leaders of
the CTV (the Confederation of Venezuelan Workers) a seat at the table and
drew on government funds for their operations. The CTV was taken on as a
junior partner. That may be when the corrupt officials of the CTV learned
to sit in the laps of the bosses where, for forty plus years the CTV was
nourished and nurtured with our tax millions, from the deep pockets of the
State Department, the CIA and assorted other agencies.
John Sweeney was elected AFL-CIO President in 1995, he dissolved AIFLD in
Latin America , and the other three regional labor institutes, AAFLI in
Asia, AALC in Africa, and FTUI in Europe. Sweeney replaced them with a
centralized operation, ACILS,the American Center for International Labor
Solidarity ( called the Solidarity Center.) Acils operates in forty
countries, federally funded mostly through the National Endowment for
Democracy (NED,) and financed to the tune of $32 million In 2003. To give
you an idea what that figure means - on December 1, 2003 the AFL-CIO
budgeted $35 million for member mobilization and political action to beat
George W. Bush. It was, perhaps, the biggest nationwide campaign in AFL-CIO
history. BUSINESS WEEK estimated the AFL-CIO budget at $100 million in 2001.
ACILS gets federal money, equivalent to about one third of that AFL-CIO
budget and passes it off for use and distribution as union "solidarity." If
money laundering were as much of a legal crime as it is an amoral sleight of
hand, the top leaders of the AFL-CIO would have been behind bars years ago.
ACILS does some good things with the multi-million dollar sop from the Bush
administration, but "he who pays the piper calls the tune." In Venezuela
the tune they played promoted collusion with the bosses and treason.
The facts as stated by my union, and the labor councils of San Jose,
Monterey-Santa Cruz and San Francisco are the following:
"ACILS received a 2002 grant of $116,001, awarded by the NED under 'the
authority contained in P.L. 98-164, as amended...and Grant No. S-L
MAOM-02-H-0054 between the United States Department of State and the
National Endowment for Democracy..,' part of $703,927 that had been granted
by NED to ACILS between 1997 and 2002 for ACILS' work in Venezuela. During
2001 NED granted $154,377 to ACILS as part of a massive increase in NED
funding that year to $877,000 for activities which coincide directly with
the efforts of the Bush administration leading toward the April 11, 2002
coup in oil rich Venezuela."
We accuse that: "according to ACILS' VENEZUELA: QUARTERLY REPORT 2001-045
January to March 2002, 'The CTV and FEDECAMARAS (Venezuela's Federation of
Chambers of Commerce)...held a national conference on March 5...to identify
common objectives as well as areas of cooperation...the culminating event of
some two months of meetings and planning...during which the two
organizations announced a 'national accord'...The joint action further
established the CTV and FEDECAMARAS as the flagship organizations leading
the growing opposition to the Chavez government'" - THIRTY SIX DAYS PRIOR
TO THE APRIL 11, 2002 COUP!
We are outraged at ACILS' boasting that they "helped to 'support the event
in planning stages, organizing the initial meetings with...FEDECAMARAS...
Solidarity Center (ACILS) provided assistance for the five regional
preparatory meetings...held between January 22nd and March 1st...The March 5
national conference was financed primarily by counterpart funds,'" ACILS
money. Our unions question why "ACILS...is operating...as part of the Bush
administration's drive for regime change in Venezuela, a replay of the Nixon
administration's bloody collusion in crimes in Chile over 30 years ago."
But for them, enough is never enough. Their history shows that they will
attempt to penetrate, poison and destabilize Venezuela until they can, one
day, put its resources back into the claws of the oligarchs and
transnational corporations. Witness 45 years of the same in Cuba! The
Venezuelan workers and the solidarity movement have to be in this for the
long haul.
When, after the 2002 coup the people returned Chavez to power, the CTV
facilitated the boss sabotage and lockout of the oil industry. When the
workers overcame that shameful treason, the Washington neocons, FEDECAMARAS
and CTV at their side, financed and promoted the Referendum against Chavez.
Beaten back by the democratic and overwhelming power of the people, they now
twist the screw of destabilization with a fraudulent complaint to the
International Labor Organization of the "denial" of trade union rights.
If their complaint is recognized, the ILO will send a Commission of Inquiry
to Venezuela, designed, with the help of the monopoly media, to smear the
Bolivarian Revolution and undermine the work of the robust, new National
Workers' Union (UNT). It is one more step to destabilize and stunt the
growth of the power of the workers and people, and to isolate President
Chavez, the UNT, and the nation from friends and allies.
The FEDECAMARAS-CTV Complaint was aired at the ILO in March and was
postponed to its Administrative Council in November. According to people
with the UNT, Stan Gacek, AFL-CIO International Affairs representative,
lobbied for a deal to support a long sought Commission of Inquiry to
Colombia, where trade unionists are murdered with impunity, in return for
support of a Commission of Inquiry to Venezuela. We are told that, smelling
a cynical CIA move, the UNT folks would not meet with Gacek. Gacek, by the
way told me and fifty others that ACILS spent only $20,000 on CTV activities
in the period prior to the coup - to support CTV democratization. He has
never said where the rest of the money went. $20,000???? The NED reports
that over $700,000 went to the Solidarity Center for work with CTV alone!
The issue came to the floor at the ILO Commission on Norms on June 10.
There, at the urging of the U.S. Employers' Representative, Edward E.
Potter, the Chair shut down Marcela Maspero, spokesperson for the UNT while
she described the absolute freedom of workers in Venezuela to organize and
bargain collectively. Potter launched into a long argument defending the
FEDECAMARAS/CTV complaint for supposed violation of labor rights. Central to
their complaint is the fact that Carlos Ortega of the CTV along with Albis
Munoz and Carlos Fernandez of FEDECAMARAS are under restrictions and review
by the Venezuelan legal system, not for anything to do with labor rights or
ILO norms, but for actions taken against the Constitution during the coup
d'etat in April 2002. Their problems stem from matters of treason involving
the deaths of 18 people.
Edward E.Potter's defense of trade union rights is glaring hypocrisy.
Potter speaks, not only for the U.S. Council for International Business, he
is Director of Global Labor Relations for Coca-Cola, a company accused of
conspiring with Colombian death squads in the murder of nine union leaders
in Coca-Cola plants. Do you find this hard to believe? You should!
The AFL-CIO's Solidarity Center, through Stan Gacek, finds unity and common ground in a common effort with Corporate America's top international spokesman, Coca Cola's global anti-union henchman, in scheming against the majority unions and the people of Venezuela. The multiple union victims of Coca-Cola in Colombia suffer death squad labor relations. Is there something wrong with this picture? You damnbetcha there is!
We mean to get the AFL-CIO off the government dole. We have a resolution,
passed unanimously last July by the California Labor Federation which could
do the job. The resolution titled "Build Unity and Trust Among Workers
Worldwide" demands that the Federation comes clean, country by country,
about all facets of its past and present operations. The resolution also
demands that the AFL-CIO accept government funds only with "extreme caution"
and "only to pursue the goals of honest international labor solidarity...and
renounce any ...tie that would make us paid agents of the United States
government or the forces of of corporate economic globalization"
The movement for solidarity with the people of Venezuela is part of an
ongoing, long term struggle. It won't be won tomorrow, but it will never be
won if it is not continually fought.
As workers and union people, we do our damndest to stop AFL-CIO
intervention abroad, not just in Venezuela, but wherever it serves corporate
American Imperialism. This is our responsibility - our fight for as long as
it takes. The struggle must go on!
Lea mas / Read more!
"Unity and Trust" labor resolution
BUILD UNITY AND TRUST AMONG WORKERS WORLDWIDE
Resolution No. 6 - Originally presented by the San Francisco Labor Council, San Francisco; the South Bay Central Labor Council, San Jose; the Monterey Bay Central Labor Council, Castroville; and Plumbers and Fitters Local 393 (San Jose).
WHEREAS, the AFL-CIO and unions generally in the U.S. are deeply committed to the concept of solidarity with labor movements in other countries; and
WHEREAS, the National Endowment for Democracy (NED) has a dubious history, having been deployed frequently to promote U.S. government foreign policy objectives, including assisting in overthrowing democratically elected governments and interfering in the internal affairs of the labor movements of other countries; and
WHEREAS, the conventions of the International Labor Organization guarantee workers of every country the right to choose to be represented by the labor organization or union of their own choosing, free from government, corporate or foreign interference or constraints; and
WHEREAS, the AFL-CIO leadership, through the Federation's Solidarity Center, has announced its intentions to apply for $3 to $5 million in funding from the NED for its operations in Iraq; and
WHEREAS, AFL-CIO acceptance of NED funding for its solidarity work in Iraq may give the appearance, if not the effect, of making the AFL-CIO appear to be an agent of the U.S. government and its foreign policies, which may taint the good reputation of the Federation in the eyes of labor movements in other countries and draw into question the motivation and true independence of the Federation in its international affairs; and
WHEREAS, the South Bay AFL-CIO Labor Council and its affiliate, Plumbers and Fitters Local 393, presented the 'Clear the Air Resolution' at the July 24, 2002 California Labor Federation Convention, and though many delegates had current concern about Venezuela, 'Clear the Air' outlined an AFL-CIO role leading to the 1973 coup in Chile and, among other things, called upon
the AFL-CIO, "to fully account for what was done in Chile and other countries where similar roles may have been played in our name, to renounce such policies and practices..., describe, country by country, exactly what activities it may still be engaged in abroad with funds paid by government agencies and renounce any such ties that could compromise our authentic credibility and the trust of workers here and abroad and that would make us paid agents of government or of the forces of corporate economic globalization"; and
WHEREAS, leaders of the State Federation presented a substitute resolution, 'Looking Ahead on AFL-CIO Policy Abroad,' calling "upon the AFL-CIO to convene a meeting with the State Federation and interested affiliates in California to discuss their present foreign affairs activities involving government funds. The aim of the meeting will be to clear the air concerning AFL-CIO policy abroad and to affirm a policy of genuine global solidarity"; and
WHEREAS, leaders of the State Federation, the SBLC, Local 393 and UFCW Local 428 negotiated an agreement to accept the compromise 'Looking Ahead' resolution, based explicitly on the understanding that the meeting with the AFL-CIO had the burden of satisfying the outlined concerns and if it failed to do so, then the original 'Clear the Air' resolution would require implementation. In calls for unity, that understanding was clearly stated on the floor of the convention without discord or disagreement; and
WHEREAS, significant disagreement exists about whether the meeting that took place on October 14, 2003 fully addressed the concerns raised within the original 'Clear the Air' resolution; and
WHEREAS, questions have been raised about how the information provided in this meeting relates to information contained in newly released government documents about the AFL-CIO¹s involvement in Venezuela and its acceptance on National Endowment for Democracy (NED) funds; now therefore be it
RESOLVED, that this 25th Biennial Convention of the California Labor Federation, AFL-CIO affirm its support for the principles of autonomy, independence and self-determination embodied in the International Conventions of the International Labor Organization; and be it further
RESOLVED, that this 25th Biennial Convention of the California Labor Federation, AFL-CIO urge the national AFL-CIO and its Solidarity Center to exercise extreme caution in seeking or accepting funding from the U.S. government, its agencies and any other institutions which it funds such as the NED for its work in Iraq or elsewhere, and to accept these funds only to further the goals of honest international labor solidarity, not to pursue the policies of Corporate America and the United States government; and be it further
RESOLVED that the California Labor Federation, AFL-CIO supports the basic demand of the 'Clear the Air' resolution to call upon the National AFL-CIO "to fully account for what was done in Chile (and Venezuela) and other countries where similar roles may have been played in our name, and to describe, country by country, exactly what activities it may still be engaged in abroad with funds paid by government agencies and renounce any such ties that could compromise our authentic credibility and the trust of workers here and abroad and that would make us paid agents of government or of the forces of corporate economic globalization"; and be it further
RESOLVED, that the California Labor Federation, AFL-CIO urge the National AFL-CIO to fund its international programs and activities, whenever possible, from funds generated directly from its affiliates and their members; and be it finally
RESOLVED, that the California Labor Federation send this resolution to the National AFL-CIO for immediate attention in order to move forward together in creating trust and unity among workers worldwide.
Lea mas / Read more!
martes, julio 19, 2005
Ortega trial postponed
Will it really start on August 2nd? My money's on another delay.
Lea mas / Read more!
lunes, julio 18, 2005
Rights in Venezuela discussed at International Labor Conference
In the annual conference of the International Labor Organization last month, Venezuela's national Chamber of Commerce FEDECAMERAS asked the ILO Committee on Application of Standards (the body that reviews nations’ adherence to international labor standards) to send a high-level commission to Venezuela to investigate alleged violations of labor and employers’ rights.
The employer representatives also proposed that the ILO Committee “[urge] the Government to terminate immediately the judicial proceedings against the President of FEDECAMARAS, Mr. Carlos Fernandez, and that the detention order against the President of the CTV, Mr. Carlos Ortega, be lifted”, “[urge] the Government to initiate contacts with the members of UNAPETROL in order to find a solution to the problem of registering the union,” and “[request] the Government to initiate negotiations with the most representative workers’ confederations to find a solution to the dismissal of 18,000 workers from the PDVSA enterprise and to institute an independent investigation without delay into instances of alleged acts of violence against trade unionists.” It’s touching to see the deep concern exhibited by FEDECAMERAS for trade unionists’ rights.
The ILO committee rejected the proposal, and will not be sending the tripartite commission to investigate. (Incidentally, the Venezuelan government has already hosted two recent “direct contact missions,” a lower-level type of ILO delegation, in May 2002 and October 2004, and is now working to amend its Basic Labor Act, the Ley Orgánica de Trabajo, in accordance with suggestions made by last year’s mission.).
The Committee’s final conclusions are posted here; its major criticisms of Venezuela included “insufficiencies in the social dialogue”, the importance of non-interference in elections held by unions and employer organizations, and a call for the government ”to lift immediately the restrictions on the freedom of movement imposed on the leaders of FEDECAMARAS, Mr. Carlos Fernández and Ms. Albis Muñoz.” (Carlos Ortega was not included.) Although the UNT was incensed at this last point, it’s much milder than what FEDECAMERAS proposed.
The complaints filed earlier against Venezuela by FEDECAMERAS and the CTV remain open, and are scheduled to be taken up again in November. Rumor has it that last March Stan Gacek, until recently the representative of the AFL-CIO International Affairs Department, tried to broker a behind-the scenes deal in which the workers’ representatives collectively would agree to a support sending an official Commission of Inquiry to Venezuela in exchange for an agreement by the employers’ representatives for a Commission of Inquiry in Colombia, where most trade unionists are murdered each year than anywhere else. In past years the employers apparently have blocked any serious action against Colombia for its murderous labor practices. But the workers refused to play, and the alleged deal went nowhere.
You can read the minutes of the ILO committee’s discussion on Venezuela here. And here is the UNT statement on the meeting’s outcome.
By the way, the discussion of Venezuela dealt primarily with concerns about its adherence to ILO Convention 87 (freedom of association); similar discussions were held regarding concerns about the United States’ adherence to Convention 144 (consultations with workers and business). Venezuela has ratified 49 of the ILO Conventions (international agreements on labor rights, covering a wide spectrum of issues from freedom of association to rights of working women to fighting child labor). There are about 150 Conventions in total, excluding the ones that have been modified or are no longer in force. By way of comparison, Brazil has ratified 75, the United Kingdom has ratified 66, and the United States has ratified only 12.
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UNT letter regarding the ILO conference
(reprinted from ILC International Newsletter No. 138, June 28, 2005)
Appeal from the UNT to Continue the Campaign In Defense of Genuine Trade Union Freedoms and the National Sovereignty of Venezuela
(translation by ILC International Newsletter)
We, leaders of the National Workers Union of Venezuela (UNT), address, once again, the unions and workers throughout the world.
First of all, we want to thank the 500 or more trade union leaders in 24 countries of the Americas, Europe, Africa, and Asia who signed the "Open Letter to the Workers' Group of the ILO" that we initiated in February of this year. This Open Letter helped to re-establish the truth about the situation of the Venezuelan labor movement and about the struggle of the workers and people of Venezuela.
The results of the discussion on Venezuela at the 93rd Annual Session of the ILO that just took place in Geneva make it necessary that we continue our campaign, particularly in light of the fact the Administrative Council of the ILO will be meeting this November.
Brothers and Sisters:
As we explained in the "Open Letter to the Workers' Group of the ILO," the bosses' organization in Venezuela, FEDECAMARAS, and the Federation of Workers of Venezuela (CTV), have filed complaints with the Commission on Trade Union Freedoms of the ILO accusing our country of violating trade union rights. In reality, these complaints are seeking to cover up the fact that these two organizations have taken part in actions that have nothing to do with ILO Convention 87, such as the coup d'etat against the government elected by the sovereign Venezuelan people as well as the sabotage of the oil industry (December 2002 - January 2003).
The meeting of the Administrative Council of the ILO that took place last March referred the decision concerning FEDECAMARAS' proposal to create a Commission of Inquiry on the Situation of Trade Union Rights in Venezuela to the meeting scheduled for November 2005, after the annual conference which renewed its composition.
Stop the Bosses' Offensive
Nonetheless, the attacks against Venezuela and the UNT continue. Particularly, the Commission on Norms of the ILO's annual conference, discussed the specific case of Venezuela in relation to ILO Convention 87. This offensive was led by Mr. Edward E. Potter, the delegate of the United States, spokesman for the Employers Group (bosses), and director of labor relations for Coca-Cola!
Yes, this is the director of the very same Coca-Cola company that has persecuted unionists in Colombia, India, and other countries and that has been accused of assassinating union organizers. This is the man who, in the name of the bosses, had the nerve to call for the condemnation of the Venezuela for violating trade union rights!
It is understandable that the bosses' representatives to the ILO deliberately try to equate the participation of leaders of the FEDECAMARAS and the CTV in a coup d'etat with normal "union activities." Their intent is not to defend democracy but to protect their class privileges!
The fact that the only person to defend the perspective of the General Secretary of the CTV in the Commission on Norms was the spokesperson of the bosses, Mr. Potter, shows the degree of degeneration that has taken place in the leadership of this organization which claims to represent the Venezuelan workers!
Unfortunately, in the resolution adopted by the Commission on Norms and submitted to the General Assembly - which, we, representatives of the UNT, observed - the following unacceptable paragraph was introduced at the behest of the Employers Group: "The Commission invites the [Venezuelan] Government to cease the restrictions on the freedom to travel imposed on the leaders of FEDECAMARAS, particularly Mr. Fernández and Mrs. Muñoz."
Albis Muñoz is the current president of FEDECAMARAS, and Carlos Fernandez was the former one. Both their cases are being reviewed by the Venezuelan legal system for actions that have nothing to do with trade union rights, but rather with the actions taken against the sovereignly adopted Constitution; namely, the coup d'etat in April 2002.
Of course, any citizen has the right to their own opinion concerning the judicial process against these two individuals. But in what capacity is the ILO qualified to "invite" the government of a sovereign nation state to "cease the restrictions on the freedom to travel" of these people?
Isn't asking the government to not follow the national laws of Venezuela an impossible demand to comply with, a demand that interferes with the sovereignty of the Venezuelan people and state?
In any case, we think this proposal contained in the resolution of the Commission on Norms is in contradiction with the ILO's mission of guarding democracy. We think it is in contradiction with the ILO's traditions of objective discussion concerning the application of the norms and conventions pertinent to trade union and labor rights.
The ILO cannot be the place for political manipulations that transform coup d'etats and lockouts into the "free exercise of trade union rights." Who will this serve?
To be sure, it will not benefit the workers and their organizations, who are the principal proponents of democracy. Democracy means the recognition of the existence of trade unions that are independent from the bosses and governments, so that we can defend our conquests and rights against the destructive offensive of capitalist globalization.
To accomplish this, we are again addressing ourselves to our class brothers and sisters throughout the world:
It is necessary to reaffirm and deepen the rejection of the proposal by FEDECAMARAS and the International Organization of Employers (IOE) to apply against Venezuela a Commission of Inquiry concerning the situation of trade union freedoms in our country.
As the 93rd Annual Session of the ILO has demonstrated, the bosses are continuing to pursue this objective at the meeting of the Administrative Council that will take place this November.
At the same time, we are renewing our invitation to unions throughout the world to attend the Congress of the UNT on July 28-30. At this congress, the workers will be able to directly find out the truth about the trade union situation in Venezuela!
Class and trade union greetings,
In Defense of the Sovereignty of the Venezuelan People!
In Defense of Genuine Trade Union Rights!
Geneva, June 16, 2005
Leaders of the UNT present at the 93rd Annual Session of the ILO:
Marcela Máspero, Orlando Chirino, Marco Tulio Diaz, Servando Carbone, Hugo Peña, Victor Mora, Angel Marcano, Marco Garcia y Anastasio Rodríguez.
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Documents on Venezuela from the International Labor Conference
Convention No. 87: Freedom of Association and Protection of the Rights to Organise, 1948
BOLIVARIAN REPUBLIC OF VENEZUELA (ratification: 1982). A Government representative noted that once again his Government was appearing before the Committee to provide information on the situation with regard to the application of Convention No. 87, as it had repeatedly done since 1991[sic], when Hugo Chavez took office as President and initiated sustained and rapid changes in the political, social and economic fields intended to combat poverty, injustice and exclusion and to promote forms of direct and indirect participation by the population in public affairs
In the period between 1999 and 2004, some 410 trade union organizations had been established on average every year, compared with the period between 1994 and 1998 when the number of trade union organizations registered had only reached 229. Moreover, in 2003, a total of 535 collective agreements had been deposited, with the number rising to 834 in 2004.
He said that these figures were available on the web site of the Ministry of Labour
He maintained that, despite the clear intention of his Government to provide information, the Bolivarian Republic of Venezuela had once again been included in the list of cases to be examined by the Committee, which bore witness to the continuation of significant political interest which, far from seeking social progress, had more to do with the past era of privilege and prerogative
He said that his Government had agreed to receive two direct contacts missions in only a few years, the first in May 2002 and the second in October 2004. With regard to the reform of the Basic Labour Act, the first draft formulated by the Ministry of Labour had taken on board all of the recommendations of the Committee of Experts, which dated from 1991. This draft text had already been approved at its first reading by the National Assembly and established a system of trade union elections which accorded the possibility for organizations to accept voluntarily the technical assistance and support of the National Electoral Board. This text had been supported by five trade union confederations (UNT, CTV, CUTV, CGT and CODESA) after a dialogue and consultation meeting convened by the Ministry of Labour in November 2004. He added that a more recent version of the draft text, which he described as being of a more progressive nature, increased the number of trade union leaders covered by trade union protection, strengthened the special protection measures and explicitly envisaged the re-election of trade union leaders, as had been occurring in practice
In view of the great importance of the reform for the country as a whole, the National Assembly had informed the Supreme Court of Justice of the need to extend the period originally set to reform the legislation prior to December 2004. This was justified by the need to extend the consultations with the social partners, particularly at the request of employers’ associations, and especially FEDECAMARAS which, since October 2004, and in letters sent by its President on 4 and 23 May this year, had requested the broadening of consultations. On 23 May 2005 a delegation of FEDECARAMAS which included among others Mr. Alexis Garridosoto, member of the employers’ delegation to this 93rd Session of the Conference, had met with the President of the subcommittee for labour and trade union complaints of the National Parliament. The representatives of FEDEINDUSTRIA, CONFAGAN and EMPREVEN had also petitioned for the same reason. The request for broader consultations was based on the decision to undertake an overall reform of the labour legislation, instead of the piecemeal reform originally planned, which was to have been limited to aspects related to freedom of association and collective bargaining. He added that, while dialogue was going ahead, the National Assembly was also making progress in the reform of social security legislation, and particularly the laws respecting occupational safety and health and employment insurance
The Occupational Safety and Health Act had been adopted the previous day
He indicated that, in relation to the alleged refusal to recognize the Executive Committee of the CTV, the Social Appeals Chamber of the Supreme Court of Justice had ruled in June 2004 that those who claimed to be the leaders of the Confederation were not trade union leaders and had ruled that the CTV did not fulfil the condition of being the majority or most representative trade union organization. The action leading to this judicial ruling had not been initiated by the Government, but by persons who considered themselves to be members of the Executive Committee of the CTV. In January 2005, the National Electoral Council had declared the CTV election to be void on the grounds of the absence of reports confirming the results as well as the issuing of reports by a non-existent electoral committee, among other electoral irregularities, as a result of which the Executive Committee was neither elected, legal nor statutory. Despite these rulings, the Ministry of Labour had convened the CTV as an institution. This was a de facto approach which had enabled it to attend various labour and social dialogue forums
Various minutes produced during the meetings and the corresponding invitations to social dialogue, confirmed this situation of openness by the Government in this regard
He indicated that, on the subject of dialogue with the social partners, the report of the Committee of Experts showed its limitations by minimizing the impact of the consultations held on such subjects as minimum wages, stability of employment, labour reform and other sectoral matters. In previous years, these consultations, which the Government had never failed to carry out, had taken place in a context marked by polarization and the use of trade union representation as an instrument for the promotion of political partisan, including personal, projects which had nothing to do with the interests of the nation and the majority of the population
It was clear that employers affiliated to FEDECAMARAS, for example, in the automobile, chemical, pharmaceutical and textile branches, were participating in the tripartite sectoral social dialogue forums
Since October 2004, when it had obtained 70 per cent support in the popular vote, the Government had called upon those actors which where excluding themselves from social dialogue. Since that date, the conviction had grown that democratic social dialogue could not exclude any sector. He referred in detail to the various meetings held with employers’ and workers’ organizations over the past eight months, including one concerning the composition of the delegation to the 93rd Session of the International Labour Conference. Even the President of FEDECAMARAS had been present at some of those meetings
The numerous working meetings held with trade union organizations had been supplemented by consultations carried out by the Ministry of Labour in the context of the Andean Community and the ILO on combating child labour, labour migration and occupational safety and health, among other subjects
With regard to the concerns expressed by the IOE and the ICFTU, he indicated that his Government had provided detailed information to both the Governing Body and the Committee on Freedom of Association and had indicated its position on the conclusions and recommendations adopted by the Committee on Freedom of Association, which in his view went beyond the scope of its competence and mandate, and in other cases contained inaccuracies or mistaken evaluations of the events which had occurred. In accordance with the recommendations of various regional groups, including that of Latin America and the Caribbean (GRULAC), he considered that it was necessary to avoid duplication in the use of ILO procedures, which gave rise to unnecessary costs and could lead to contradictory outcomes or conclusions. He therefore considered that the information requested was already available to the ILO
In conclusion, he said that his Government had achieved sustained progress in the matters under examination and that it was therefore important to allow it and help it to continue its work, as it had been doing with all the social partners, in accordance with the recommendations made by the Committee of Experts. It was the responsibility of the Committee of Experts to verify and evaluate the progress achieved in the Bolivarian Republic of Venezuela over the rest of 2005
The Employer members expressed appreciation of the presence of the Government representative and the moderate tone adopted in the discussion. The heart of the present case, in their view, concerned the application of Article 3 of the Convention, which provided that “workers’ and employers’ organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes”, and that “the public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof”. However, the Employer members did not believe that the Government understood the meaning of this provision
They recalled that the present case concerned the interference by the Government in the activities of representative organizations of employers and workers and, in particular, the national employers’ organization FEDECAMARAS. The interference by the Government had even affected the work of the present Conference through its meddling in the composition of the Employers’ group. Although the Government representative had expressed approval of the direct contacts mission, referred to also in the comments of the Committee of Experts, he had given no indication of any intention by the Government to strengthen bipartite or tripartite dialogue in the country. The CTV, a workers’ organization and FEDECAMARAS, the sole national representative employers’ organization, were both excluded from the social dialogue forum in the country and the Government was failing to respect the criteria of representativeness
With regard to the reforms to the labour legislation, the Employer members understood that, while some 50 laws had been adopted on workplace matters, none of them had been formulated in consultation with representative organizations of the social partners
The serious nature of the situation was illustrated by the fact that the former President of FEDECAMARAS had been placed under arrest and was now in exile. In view of the gravity of the situation, the IOE had found it necessary to intervene in the context of cases brought before the Committee on Freedom of Association. The Government representative claimed that the Government was prepared to provide further information and called for the progress achieved to be acknowledged
What the Employer members wished to see was concrete action demonstrating the will of the Government to comply with its obligations under the Convention. Expertise was clearly required if the situation was to be improved. The Employer members therefore proposed that the Government should consider inviting the Chairperson of the Committee on Freedom of Association to visit the country, verify the national situation and provide assistance in the modification of the employment legislation to bring it into conformity with the requirements of the Convention. Alternatively, the Government could accept the visit of a tripartite mission for the same purpose. The Employer members emphasized that the time for fact-finding was now over. Action was needed, and it was needed now
The Worker members thanked the Government representative for the replies provided orally and those colleagues in the Workers’ group who had refrained from intervening on the case in view of its geopolitical implications and the choices made concerning social matters and development
The last discussion by the Committee of the case concerning the application of Convention No. 87 by the Bolivarian Republic of Venezuela had taken place in a climate of political and social instability, marked in particular by an attempted coup d’état, which had given rise to major tension in the world of work. The Workers’ group had then taken note of the draft reform of the law that was intended to respond to the multiple issues relating to violations of the Convention raised previously
They had also expressed their concern relating to the cases examined by the Committee on Freedom of Association and had requested the Government not to interfere in the internal affairs of workers’ and employers’ organizations. In addition, they had requested the Government to recognize the Executive Committee of the Confederation of Workers of Venezuela (CTV). A return to dialogue with the social partners had therefore been requested
With regard to the observation made by the Committee of Experts this year, it should be noted with interest that the direct contacts mission requested by the Conference Committee had taken place in October 2004, and had shown that the Government had submitted a Bill to amend the Basic Labour Act to the National Assembly, accompanied by a schedule for its adoption
Once adopted, the Bill would resolve a series of important obstacles which had been hindering the application of Convention No. 87 for over ten years. The Committee of Experts had therefore included this case in the list of cases of progress, although it had not noted it “with interest”
Although progress had been achieved in relation to the legislation, it had to be noted that, with respect to the refusal to recognize the Executive Committee of the CTV and also with regard to social dialogue with the social partners, no tangible and convincing progress had been made, despite the Government’s commitment to give effect to the points raised in the discussion in 2004
The Worker members called for the Convention to be given effect in law and in practice. They therefore hoped that in its next report the Government would provide detailed information on the progress achieved in this regard
A Worker member of the Bolivarian Republic of Venezuela said that since 1999 the trade union movement in the Bolivarian Republic of Venezuela had been providing evidence to the ILO Conference that the Government of the Bolivarian Republic of Venezuela was systematically violating Conventions Nos. 87 and 98. For five consecutive years, the various ILO supervisory bodies had concluded, in special paragraphs and through two direct contacts missions, that the Bolivarian Republic of Venezuela did not afford the necessary guarantees for the exercise of freedom of association, and he considered that the Committee should be firm in this case. He recalled that the Committee on Freedom of Association had received over 50 complaints on this subject. Despite the repeated requests for the Government to remedy these violations, the Venezuelan authorities had ignored the recommendations of the ILO supervisory bodies. In his view, this was illustrated by several facts. The Government representative had given assurances to the Committee that trade union elections would not continue to be managed by the State, but this commitment had not been fulfilled. On the contrary, the National Electoral Council had declared the Executive Committee of the CTV illegal. The Government representative had assured the Committee that the CTV and its Executive Committee would be recognized, but had not given effect to this undertaking. He had also promised to renew social dialogue with all the social partners but, as noted by the direct contacts mission in 2004, this had not occurred. It had not even been possible to organize a tripartite meeting during the direct contacts mission. He called for the report of the mission to be distributed to the members of the Committee. In view of the repeated violations of Conventions, he requested the Committee to take appropriate measures to resolve the situation, which constituted a violation of freedom of association in the Bolivarian Republic of Venezuela, and to reestablish social dialogue. He concluded by saying that if the problems could be discussed by all the parties, this would benefit his country
Another Worker member of the Bolivarian Republic of Venezuela said that the National Union of Venezuelan Workers (UNT) had been created in response to the position taken by those who had led the trade union movement for over 40 years and who had later formed an alliance with the employers, which had even led to a coup d’état in April 2002. She added that the dictatorship headed by the employers’ leadership had been short-lived. The people had been mobilized, returning to Venezuela the leading role of participatory democracy. An ICFTU mission which had visited the country in August 2004 had witnessed the freedom and massive participation of the people in the referendum of confirmation
She asserted that the UNT was a central organization that was independent of the Government, employers and political parties, and was composed of many former members of the CTV who had distanced themselves from that union following its alliance with FEDECAMARAS
She added that the UNT would hold elections to elect its leaders and its various bodies at the end of October this year. Asserting that it had been registered in accordance with all the requirements, she felt that the direct contacts mission which had visited her country in 2004 had shown bias and misinformation, as its report had referred to the UNT as being “recognized, despite having an unelected Executive Committee”
She indicated that the legitimacy of the UNT came from its participation in the negotiation of collective agreements and in large enterprises in the public and private sectors, where it had taken over in most cases from the CTV. She made reference to the repeated statement in the Committee’s report that the CTV was the most representative central organization based on the fact that it had represented 68.73 per cent of union members in 2001. She indicated, however, that these figures had surely been obtained from the data of the National Electoral Council and did not take into account the new trade union situation. She indicated that trade union elections were being organized in the normal manner and that the National Electoral Council only took action at the demand of workers’ organizations which so requested and that an example of this was provided by the elections of FETRACONSTRUCCION, a federation led by Manuel Cora who had just concluded his electoral campaign without the supervision of the National Electoral Council
In relation to the legislative reforms, she indicated that in her country, in addition to the Basic Labour Act, several laws were being examined, including laws respecting occupational social security schemes, the working environment, housing, health and workers’ participation in enterprise management
She said that, following the coup d’état, four workers, other than the CTV leaders, had been convened on the Presidential Commission for National Dialogue and that she had participated in that dialogue
Together with employers from the pharmaceutical sector, who were members of FEDECAMARAS, and the Government, they had succeeded in formulating policies to balance employment and increase the production of generic drugs
She added that the Venezuelan citizens and in particular the workers, had demanded that the Government put an end to impunity and that the organs of the state (Judiciary, Attorney General of the Republic) acted in accordance with the law in order to avoid hidden agents who acted against the interests of the Venezuelan people
She emphasized that the UNT was working to consolidate dialogue, whereas the CTV and FEDECAMARAS were carrying out a boycott as part of their subversive plans, but that they had agreed to enter into dialogue now that the coup d’état had failed. The sabotage of the oil industry and the coup d’état had caused deaths, as well as economic and structural losses. She expressed her opposition to a complaint submitted by FEDECAMARAS and thanked the Worker members of Colombia, Cuba and the Bolivarian Republic of Venezuela, among others, for their support
The Government member of Cuba thanked the Government representative for the information provided and said that the Government of the Bolivarian Republic of Venezuela had taken on the responsibility of reforming the labour legislation, as recommended by the Committee of Experts, and that these reforms had already been approved in their first reading. The increase in the number of collective agreements, the establishment of new trade unions and the free exercise of the right to strike were evidence that Convention No. 87 was being applied in the Bolivarian Republic of Venezuela
He said that the Supreme Court of Justice had indicated that it was impossible to legally determine that the CTV was the most representative trade union, and that the National Electoral Council had voided the CTV’s elections on the grounds of lack of transparency. Nevertheless, the Government had continued to invite it to tripartite dialogue forums, at both the national and international levels. FEDECAMARAS had also participated in the various dialogue forums
The Government of the Bolivarian Republic of Venezuela had also accepted the two direct contacts missions, thus opening the door for technical cooperation. He recalled that the report of the Committee of Experts had noted the progress made. He asserted that this case was a clear indication that political criteria were continuing to prevail in the inclusion of the case of the Bolivarian Republic of Venezuela in the Committee’s debates, as the country had already adopted the necessary measures to give effect to the Convention. He therefore considered that this case should no longer be included in the list of cases to be examined by the Conference Committee in future
The Government member of the United States noted that, in reviewing this case again this year, the Committee of Experts had benefited greatly from the report of the direct contacts mission that had visited the Bolivarian Republic of Venezuela in October 2004. According to the mission’s report, the Government had submitted a number of amendments to the Basic Labour Act which would have the effect of bringing it more closely into line with Convention No. 87. This was a welcome development and demonstrated the value of such missions and the important role they played in the ILO’s supervisory system. Too often, governments viewed such missions as punitive in nature and refused to cooperate with them. As this case made clear, however, direct contacts missions were of a constructive nature, and governments would be well advised to receive them and cooperate fully with them when the supervisory bodies so recommended
Unfortunately, the rest of the information in the report of the Committee of Experts was not so encouraging. The report referred to the violation of the right of the CTV to elect its representatives in full freedom and to organize its activities, discrimination by the authorities against the CTV’s Executive Committee, and the Government’s refusal to engage in meaningful social dialogue with the CTV and FEDECAMARAS
According to the Committee of Experts, practices such as these violated the freedom of choice of Venezuelan workers and employers. The Committee of Experts rightly pointed out that equality of treatment between organizations had to be ensured if the principle of free choice enshrined in the Convention was to be upheld
The Government member of the Islamic Republic of Iran said that, following a series of crises in recent years, the reforms made by the Bolivarian Republic of Venezuela in the fields of the economy and legislation were an indication of its good intentions and of the determination of the Government to overcome the obstacles that it was facing
Undoubtedly, the economic and legislative reforms that were being carried out would create appropriate conditions for the achievement of democracy and the promotion of tripartism, the right to organize, freedom dom of association and collective bargaining. ILO technical cooperation and assistance would be an effective tool to accelerate the positive action taken by the Government with a view to removing the obstacles to the full application of Conventions Nos. 87 and 98
The Government member of Panama said that he had listened very carefully to the Government representative of the Bolivarian Republic of Venezuela and that emphasis should be placed on the efforts made by the country to give effect to the provisions of Convention No 87. He also emphasized the willingness of the Government to collaborate in providing information on the progress achieved, in the form of the Basic Labour Act, which was currently undergoing its first reading in Parliament. In his view, as a result of the outcome of the two direct contacts missions, it would now be sufficient to return to the usual mechanism of supplying reports to supervise the application of the Convention
The Government member of Paraguay, speaking on behalf of MERCOSUR, said that the Government had shown positive signs of its willingness to give effect to the provisions of the Convention. He considered some of the signals of the extension of social dialogue to be encouraging, such as the inclusion of the CTV in the ILO delegation, the consultation of the CTV regarding the documents under discussion in the Andean region and the participation of the CTV in the national dialogue forums established to discuss these issues
It was important to emphasize that the comments made in previous years by the Committee of Experts with a view to advancing legislative reform in respect of freedom of association had been included by the Government in the Bill which was being examined by the National Assembly, and which had been the subject of tripartite debate and consultation
He recalled that the Government had accepted visits by two direct contacts missions, which had observed the situation in the country and endorsed the Government’s actions as being in harmony with ILO objectives, principles and standards
The Government member of Egypt said that she had listened with interest to the Government representative, who had described the positive measures taken to improve the rights and freedoms of trade unions set out in the new draft Labour Code. She called on the Committee to take into consideration the efforts made by the Government and to provide it with the necessary technical support and assistance
The Government member of China thanked the Government representative for the information provided and said that she had listened with great interest to the discussion concerning the implementation of the Convention. She noted that the Government had made remarkable achievements in reforming its legislation and in promoting social dialogue
These successes demonstrated the Government’s willingness to cooperate with the social partners. The achievements of the Government needed to be acknowledged and she hoped that the ILO would provide technical support to assist developing countries such as the Bolivarian Republic of Venezuela to improve their social and labour situation
The Government representative thanked most of those who had participated in the discussion for recognizing that his country had made progress in giving effect to its democratic commitment to achieve greater participation and inclusive social dialogue, with particular emphasis on the representativity of the major actors. Social dialogue was now no longer a monopoly for those who had been able to make their voices heard in the past. Organized workers and employers, who had not been heard for decades, were now participating in the development of public policies which took into account their needs and interests
The two direct contacts missions sent by the ILO had given rise to a dynamic of meetings and forums in which all the social partners had participated, including representatives of FEDECAMARAS and the CTV, on subjects which included labour policy. Nevertheless, to those who were now calling for social dialogue, he wished to say that back home they were attending meetings in which such burning topics were being discussed as wages and food programmes for workers, labour reforms, labour immobility, etc. His Government, which sought coherence between promises and practice, invited the Executive Committee of the CTV, for example, to progress from words to action and to enter into collaboration and to ensure coherence between what they asserted and did in the country and what they denounced in Geneva. For example, it would have been important that Mr Cora appear at the social dialogue meetings convened by the Ministry of Labour, which he never attended, instead of using this scenario in order to misinform the public on what really happened. On the subject of trade union elections, he emphasized that the National Electoral Council, which had been so heavily criticized, was an independent and autonomous body which commanded the respect of the executive, legislative and judicial authorities, and of the Comptroller General’s Office of the Republic and the other organs of popular power. In his country, there was no discrimination against trade unions and none of them received preferential treatment
It was necessary to overcome the conflictual political situation affecting the country. Nevertheless, his Government, which had recognized all the social partners, needed to take into account the fact that it governed in the interests of everyone and did not renounce its duty to govern for the majority, and particularly of those categories which had up to now been excluded from citizen’s participation as well as the just distribution of the petroleum income and the rest of the country’s wealth, thus overcoming the injustices of the post. Social dialogue needed to be inclusive, participative and an agent of transformation
The reform of the Basic Labour Act, which had been formulated with the technical assistance of the ILO Standards Department, was currently being examined by the National Assembly with the participation of FEDECAMARAS. This reform would have to be the subject of consultation with the workers and of their approval. Finally, he emphasized that his Government would continue to endeavour to follow up the recommendations made by the Office when these were relevant. It was all the more convinced that it was necessary to make progress in legislative reform towards a model of society which established a new value for the relationship between capital and labour in which labour would be appreciated from the point of view of solidarity and cooperation on the basis of the wealth it generated, so as to achieve the wealth’s just distribution
This reform, which had been debated for two years, and which included the most recent standards on occupational safety and health within a context of social dialogue, was now nearly complete. It should not be forgotten that the previous legislation had required six years’ discussion
His Government undertook to transmit to the Office in due time the outcome of a process which would benefit the great majority of workers in the Bolivarian Republic of Venezuela. He confirmed that the Government would remain within the regular supervisory mechanism through the presentation of the steps and progress made during the rest of the year, to the Committee of Experts
The Employer members thanked the Government representative for his reply. They expressed a certain surprise at the moderation of the position expressed by the Worker members in the discussion of this case, particularly in view of the reference made by the Committee of Experts to the comments of the ICFTU and the IOE, as well as the detention order issued against the President of the CTV and the measures taken against leaders and members of employers’ and workers’ organizations. Such a situation would normally be condemned outright by the Workers’ group, as a result of the violation of the fundamental principle of free and independent organizations. Yet, few complaints had been heard with regard to the failings of the consultation in process undertaken by the Government and its failure to implement Convention No. 87. The Employer members wished to put on record their condemnation of the arbitrary measures adopted against members of workers’ and employers’ organizations. Indeed, the current President of FEDECAMARAS could not leave the country without the permission of the authorities, which was a clear violation of the principles of freedom of association
In view of the importance of the case, the Employer members wished to take the unusual step of proposing a set of conclusions for the Committee. They noted in this respect that changes and amendments to the conclusions proposed by the Chairperson always seemed to come from the Worker members. In a democratic body, they felt that the Employer members should be able to contribute in the same way. Their proposed conclusions were as follows:
The Committee noted the oral information provided by the Government representative and the discussion that followed. The Committee noted with deep concern that the problems raised by the Committee of Experts referred to questions relating to the basic right of workers and employers to form organizations of their own choosing, the right of these organizations to elect their representatives in full freedom, to draw up their rules without interference by the authorities and to organize their activities
The Committee also noted the emphasis placed in the report of the direct contacts mission on the fact that for years the Executive Committee of the CTV had not been recognized in law by the Government and in practice had only been recognized for very limited purposes. The Committee noted that the current situation had prevented the Executive Committee from the normal exercise of its rights and had seriously prejudiced it. The Committee also noted that the CTV Executive Committee, which was the product of an election process, was only recognized in practice by the Government for very limited purposes, while having the Executive Body of the UNT central organization was recognized, despite not having an Executive Body adopted through an electoral process
The Committee considered that the above situation, and in particular the excessive delay by the National Electoral Council, had gravely prejudiced the Executive Committee of the CTV and its member organizations, thereby violating the right of this organization to elect it representatives in full freedom and to organize its activities, as recognized in Article 3 of the Convention, as well as the principles of due process. The Committee once again urged the Government to recognize the Executive Committee of the CTV for all purposes immediately
The Committee once again urged the Government to renew dialogue with the social partners. The Committee noted that, according to the report of the direct contacts mission, the executive bodies of the CTV and FEDECAMARAS had not participated in social dialogue in the broadest sense of the term, particularly in sectoral dialogue
The Committee also noted that, according to the report of the direct contacts mission, in response to the availability for dialogue demonstrated unequivocally by the central and regional executive bodies of FEDERCAMARAS (the sole confederation of employers in the country and which was at the highest level of representativeness) and the Executive Committee of the CTV, the Minister of Labour had not given indications of wishing to promote or intensify bipartite or tripartite dialogue on a solid basis with these bodies: in practice, such dialogue had practically not existed for years and only took place in an episodic manner
The Committee noted with regret that the information contained in the report of the direct contacts mission showed that representatives of the three minority workers’ confederations did participate in social dialogue forums, alongside a workers’ confederation which had a provisional executive board, and that on the employers side three less representative organizations participated which were not members of the employers’ confederation FEDECAMARAS
The Committee considered that strict criteria of representativeness were not respected in those sectoral dialogue forums and that the executive boards of the central organizations CTV and FEDECAMARAS were excluded from such forums, and therefore suffered discrimination
The Committee further noted that, according to the report of the direct contacts mission, effective consultations between the Government and the executive bodies of the CTV and FEDECAMARAS on labour issues had been limited and had been of an exceptional nature. The Committee also urged the Government, without delay, to convene periodically the National Tripartite Commission and to examine in this context, together with the social partners, the laws and the order which had been adopted without tripartite consultation
The Committee emphasized the importance of the Government and the most representative organizations of employers and workers engaging in in-depth dialogue on matters of common interest. The Committee requested the Government to keep it informed of any form of social dialogue with the CTV and FEDECAMARAS and their member organizations and to ensure equality of treatment between organizations
The Committee deeply deplored the arrest of officials of employers’ and workers’ organizations and emphasized that the arrest of these officials for reasons linked to actions relating to legitimate demands was a serious restriction of their rights and a violation of freedom of association, and it requested the Government to respect this principle. The Committee urged the Government to terminate immediately the judicial proceedings against the President of FEDECAMARAS, Mr. Carlos Fernandez, and that the detention order against the President of the CTV, Mr. Carlos Ortega, be lifted. It requested the Government to provide information on the detention orders issued against six trade union leaders or members of UNAPETROL and that the restrictions on the movement of the current President fo FEDECARAMAS, Mrs Albis Munõz be lifted
The Committee urged the Government to initiate contacts with the members of UNAPETROL in order to find a solution to the problem of registering the union. It also requested the Government to initiate negotiations with the most representative workers’ confederations to find a solution to the dismissal of 18,000 workers from the PDVSA enterprise and to institute an independent investigation without delay into instances of alleged acts of violence against trade unionists
The Committee requested the Government to give effect to the recommendations of the Committee on Freedom of Association so as to secure the full application of Convention No. 87. The Committee requested the Government to accept a high-level tripartite mission, which would include a meeting with the Government and with employers’ and workers’ organizations, placing particular emphasis on all matters relating to the application of Convention No. 87 in law and practice
The Worker members, in response to the conclusions proposed by the Employer members, noted that it was not the usual practice of the Committee for a group to propose conclusions in place of the Chairperson. It was for the Chairperson alone to propose the conclusions and for the groups to make comments, as appropriate
They said that the case of the Bolivarian Republic of Venezuela had been dealt with by the Committee on several occasions in recent years and that real and tangible progress, albeit insufficient, had been noted
They added that the Government was not solely responsible for the climate of division and antagonism that the country was experiencing, considering that it had made real efforts, even if much remained to be done, particularly with regard to social dialogue. They called upon the Government to continue to seek ILO technical assistance to resolve the issues raised in relation to the application of the Convention
The Committee took note of the statement made by the Government representative and of the discussion that followed. The Committee observed with concern that the problems raised by the Committee of Experts, which also reflected the comments made by the International Confederation of Trade Unions (ICFTU) and the International Organization of Employers (IOE), included: legal restrictions upon the right of workers and employers to form organizations of their own choosing; the right of these organizations to draw up their rules and elect their officers freely and the right to organize their activities, without interference by the public authorities; the refusal to recognize the executive committee of the CTV; the exclusion of certain workers’ and employers’ organizations in social dialogue to the disadvantage of the Confederation of Workers of Venezuela (CTV) and FEDECAMARAS; the detention order of leaders, in particular Mr. Carlos Fernández; and restrictions of movement on Ms. Albis Muñoz. The Committee further noted the results of the direct contacts mission that took place in October 2004
The Committee took note of the statement of the Government representative according to which a draft law adopted in the first reading of the National Assembly had been the subject of consultations and the Government expected its adoption in the near future
It also noted that the Government had included FEDECAMARAS and the CTV in the framework of inclusive dialogue without exclusion of any social partners. Moreover, the Government pointed out that the National Electoral Council had declared the electoral process of the CTV null and void and that the Government had already replied to the Committee on Freedom of Association on the questions raised by the ICFTU and the IOE
Noting that the Bill submitted to the National Assembly aimed at resolving problems of a legislative nature and mentioned by the Committee of Experts had still not been adopted in the second reading, the Committee requested the Government to take measures to accelerate its passing and to carry out full and meaningful consultations with the most representative workers’ and employers’ organizations. The Committee observed insufficiencies in the social dialogue and the need for progress to be made in this respect
The Committee underlined the importance of full respect for Article 3 of the Convention and that the public authorities should not interfere in the elections and activities of workers’and employers’ organizations. It took note of the Government’s statement that recourse to the National Electoral Council was optional for occupational organizations and urged the Government to fully respect this commitment
The Committee invited the Government to lift immediately the restrictions on the freedom of movement imposed on the leaders of FEDECAMARAS, Mr. Carlos Fernández and Ms. Albis Muñoz
The Committee requested the Government to send a complete and detailed report to the Committee of Experts on all the pending questions for examination at its next meeting and hoped that it would be able to note the progress awaited and, concretely, that the national law and practice would be brought into full conformity with the Convention
The Committee invited the Government to request a high-level technical assistance of the Office for the abovementioned objectives, with particular emphasis on questions concerning interference with the autonomy of workers’ and employers’organizations
The Employer members referred to their previous statements. In the face of the persistence of the problems which remained pending without being resolved, they could anticipate that it would be eventually necessary to discuss the situation in the Bolivarian Republic of Venezuela again the following year. The Employer members would prefer to send a high-level Governing Body tripartite mission to visit the country in order to find solutions conducive to the full application of the Convention and make progress in the sense of the conclusions which had been agreed upon
The Government representative spoke on the obstacles that the Employer members’ spokesperson had generated during the debate, interfering with the right of workers and governments, who certainly constituted the majority, to have their own opinion. Such obstacles affected the methods of work and the constructive spirit which had prevailed in the debate until then
Moreover, he objected to the statement made by the Employer members’ spokesperson that Venezuela should be included in the list of individual cases for examination by the Conference Committee the coming year, which demonstrated the negative predisposition of this spokesperson who wanted to turn the Conference Committee against his country
With regard to the individual persons mentioned in the conclusions, these were found in the position of defendant through the autonomous and independent decisions of the Judiciary, in accordance with due process without any interference by the Government authorities. The Judicial proceedings had been instituted as a consequence of the presumed activities of the abovementioned persons, a small group of people, during the events of 2002 and 2003 against the national Constitution and laws. These persons had approved the decree for the dissolution of all public powers in the Government’s seat, while the constitutionally legitimate President had been abducted in the midst of a coup d’état
In any way, the Presidency of FEDECAMARAS had been designated by the Government as the main delegate of the Venezuelan Employers’ delegation which had attended the present 93rd session of the Conference and had been able to get out of the country any time this had been necessary with the due judicial authorization, without any effect on her personal or professional life
Moreover, the speaker was once again pleased to note the cooperation and high level technical assistance provided by the regional Office of the ILO in Lima. In this case, the technical assistance or cooperation in question, of a regional nature, should serve in order to follow up to the joint declaration of the five trade union confederations of November 2004, with regard to the regime of trade union elections
The Government requested that this declaration be recorded in the provisional records
(pp.46-50)
========================================================
The Committee of Experts report (referred to in the committee discussion above) includes the following sections on Venezuela. The complete report is at http://www.ilo.org/public/english/standards/relm/ilc/ilc93/pdf/rep-iii-1a.pdf (caution: large file!)
Freedom of Association and Protection of the Right to Organise
Convention, 1948 (No. 87) (ratification: 1982)
The Committee notes the Government’s report and the discussion in the Conference Committee on the Application
of Standards in June 2004. The Committee further notes the report of the direct contacts mission which visited Venezuela
from 13 to 15 October 2004, and the comments on the application of the Convention made by the International
Confederation of Free Trade Unions (ICFTU), dated 19 July 2004, and the International Organization of Employers
(IOE), dated 30 July 2004.
Reforms of the Basic Labour Act requested by the Committee
The Committee notes that, according to the report of the direct contacts mission, a Bill to amend the Basic Labour
Act will soon be submitted to the plenary session of the National Assembly and that the Supreme Court, in a decision of
15 June 2004, has set a deadline of 15 December 2004 for the adoption of the Bill by the Assembly. The Committee notes
with interest that the Bill gives effect to the requests for amendment that it had made: (1) it deletes sections 408 and 409
(over-detailed enumeration of the mandatory functions and purposes of workers’ and employers’ organizations); (2) it
reduces from ten to five years the required period of residence before a foreign worker can hold office in an executive
body of a trade union organization; (3) it reduces from 100 to 40 the number of workers required to establish a trade union
of independent workers; (4) it reduces from ten to four the number of employers required to establish employers’
organizations; (5) it provides that the technical cooperation and logistical support of the Electoral Authority (National
Electoral Council) for the organization of elections to executive bodies of trade unions shall only be provided where so
requested by trade union organizations in accordance with the provisions of their statutes, and that elections held without
the participation of the Electoral Council and which comply with the provisions of the respective trade union statutes shall
have full legal effect once the corresponding reports are submitted to the respective labour inspectorate. The Committee
notes that the direct contacts mission observed that the authorities of the Ministry and the bodies of the legislative
authority support the position set out in this provision of the Bill and that in practice trade union organizations have now
held elections without the participation of the National Electoral Council.
The Committee further notes that the Bill provides that “in accordance with the constitutional principal of
democratic alternation, the executive board of a trade union organization shall discharge its functions during the period
established by the statutes of the organization, but in no case may a period in excess of three (3) years be established”. The
Committee notes that the Government indicated, in one of its written communications to the mission, that the re-election
of trade union leaders does not raise problems in practice and it referred to various examples. The Committee notes the
suggestion made by the mission to the legislative authorities that a provision should be introduced explicitly allowing the
re-election of trade union officers and it hopes that the future reform will take on board this request.
Furthermore, the Committee notes that according to the report of the direct contacts mission, the Bill on the
democratic rights of workers (which raised problems of compatibility with the Convention) was withdrawn from the
agenda of the Legislative Assembly several years ago.
Refusal to recognize the executive committee of the
Confederation of Workers of Venezuela (CTV)
The Committee recalls that in its previous observation it requested the Government to recognize immediately the
executive committee of the CTV, which was elected in October 2001. The Government had indicated that the election
process had been impugned in the National Electoral Council and the Committee of Experts endorsed the views of the
Committee on Freedom of Association that challenging the results of trade union elections should not have the effect of
suspending their validity pending the outcome of the judicial proceedings.
The Committee notes the Government’s indication that in recent years the Ministry of Labour, adopting a pragmatic
approach and in good faith, has allowed a certain level of recognition of those representing the executive committee of the
CTV, including their inclusion in the delegations to the international and regional meetings of the ILO, participation in the
Facilitation Forum organized by the United Nations Development Programme, the Organization of American States and
the Carter Centre (in which the CTV participated as a member of the so-called Coordinadora Democrática) and in
consultations on documents in the context of the Andean region, among other consultations, thereby bearing witness to a
broad view beyond what would normally be allowed in practice and under the law.
The Committee notes the emphasis placed in the report of the direct contacts mission on the fact that for years the
executive committee of the CTV has not been recognized in law by the Government and in practice has only been
recognized for very limited purposes. The Committee further notes that the report of the direct contacts mission indicates
the following:
The mission wishes to point out that the case of the CTV appears to illustrate institutional deficiencies which give rise to
concern. Indeed, despite the fact that the election of the executive committee of the CTV was held in October 2001, and new
elections are planned for the first quarter of 2005, the National Electoral Council has not yet issued an opinion on the legality of
the election process. Under these conditions, the mission draws the attention of the Committee of Experts to this situation, and
particularly so that it can comment on whether this delay has placed the executive committee of the CTV in a situation of
defencelessness and denial of justice, and on the statement of the CTV that the current situation has prevented its executive
committee
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