COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONTINUES EXAMINATION OF REPORT OF VENEZUELA

CESCR
25th session
24 April 2001
Afternoon





The Committee on Economic, Social and Cultural Rights this afternoon continued to review a second periodic report of Venezuela with the Government delegation saying that Venezuela was helping Colombian refugees on its territory by providing them with all necessary assistance.

The delegation said that special equipment for disabled persons had been installed in the underground and other forms of transportation. The Government considered that this was a serious issue and as such it was taking actions to improve the situation to facilitate the mobility of disabled persons.

Committee members raised a number of questions on trade union rights; a social security scheme; protection of maternity rights; protection of the family, mothers and children; the rights of retired pensioners; and the situation of Colombian refugees in Venezuela, among other things.

As one of the 144 State parties to the International Covenant on Economic, Social and Cultural Rights, Venezuela is obligated to provide the Committee with periodic reports on how it implements the provisions of the instrument.

Before adjourning its afternoon meeting, the Committee briefly heard an introduction by one of its members to a draft document. Paul Hunt said the draft document was not a description nor an economist's assessment of poverty, but it was simply to clarify the conceptual link between poverty and the Covenant. It would suggest pragmatic work so that the civil society and other members of a society could design an appropriate anti-poverty strategy.

When the Committee reconvenes at 10 a.m. on Wednesday 25 April, it will conclude its consideration of the report of Venezuela.


Discussion

Responding to oral questions raised by Committee members during the morning meeting, the delegation said that violence in the family was a concern to the society and the Government had taken measures to reduce the number of incidents which made women victims of such acts.

Special equipment for disabled persons had been installed in the underground and other forms of transportation, the delegation. The Government considered that this was a serious issue and as such it was taking action to improve the situation to facilitate the mobility of disabled persons.

An Expert said that Colombian refugees in Venezuela had no access to education and other social benefits, and were provided with temporary identity cards instead of official documents.

In response, the delegation said that Venezuela had no problem with Colombian refugees and the Government was helping them and providing them with all the necessary assistance as long as they remained under its jurisdiction. The problem of the refugees was back home where they faced violence. When the violence ended in Colombia, many of them would return. In addition, Venezuela was generous in assisting any refugees.

Another Expert said that Venezuelan law provided for a person who committed a rape to avoid prosecution if he married his victim. If that was the case, it was not good legislation and it should be repealed, the Expert said.

In response to written questions prepared by Committee members in advance, the delegation said that workers had the right to form their own unions or to join trade unions already existing. Trade unions should have as their objectives the study, defence, development and protection of the occupational interests of the workers and of production. Only workers over 18 years of age might establish trade unions.

In the higher level studies, more than 60 per cent were women, the delegation said. There was a considerable percentage of women in the legislative sector and senior governmental offices. Women were able to exercise any work without any fear or discrimination. They were paid equal amount of money for equal work.

In response to a question on the minimum age at which a child could be employed, the delegation said that children over 14 years of age could work; however, there were laws prohibiting children from working in certain sectors where they could be vulnerable to a hazardous environment.

Answering a question on whether workers received compensation if unlawfully dismissed, the delegation said that in the case of unlawful dismissal, the worker could be reinstated. The compensation paid for any dismissal was calculated depending on the duration of the service of the employee. The law governing dismissal was implemented by the Ministry of Labour and Social Development.

Trade unions played a major role in the bargaining and conclusions of collective agreements with enterprises, the delegation said. In all cases, a tripartite system was employed which included the workers, the employers and the Government, represented by the Ministry of Labour and Social Development.

During the last five years, there had been 423 trade union complaints and only 23 had led to strikes by workers, the delegation said.

Asked about minimum wage and why domestic workers and house guards were excluded from the minimum wage programme, the delegation said that there was a commission which studied the situation of the minimum wage. It also considered the provision of food to workers, which was part of the minimum wage. The minimum wage was based on an eight-hour working period, without including night or extra work. It also fixed equal pay for similar amount of work performed by individuals.

An Expert asked about the number of annual work accidents in Venezuela and how injured workers in remote areas were treated if there were no medical facilities in the vicinity? In response, the delegation said that employers who habitually employed more than 500 workers, whose work took place in an unpopulated place where they should reside, more than 50 kilometres from the closest populated place, should provide their workers with sanitary housing. Employers should maintain at their own cost first aid facilities to aid those injured in accidents, to help the sick and to combat local epidemics.

Another Expert noted that the referendum on union elections which was held in December 2000 had been criticised by the International Labour Office (ILO) and asked the delegation to comment on the subject. The delegation said that the referendum on the freedom of trade unions did not infringe on the fundamental trade union rights in the country. Instead, it had affirmed that workers should be represented only through their own unions and not otherwise. A referendum could only be revoked by the President. However, Venezuela was on the right track in its efforts to reform regulations and laws in order to fit the needs of the population.

Returning to the written questions, the delegation said that a new draft law on the right to social security was under way with the view to strengthen the assistance to persons who found themselves in a situation of illness, maternity, old-age or disability. The social security law would also include all Venezuelan and foreign workers resident in Venezuela. The system would be governed by the principle of contribution to the social security system. Since 1993, retirement pensions had been paid through banks to the beneficiaries.

Following the recommendations of the ILO Committee of Experts in 1999 concerning the Maternity Protection Convention, measures had been taken to extend maternity benefits to all women workers in Venezuela, the delegation said. In addition, the Government had been engaged in reforming all laws concerning maternity rights in order to provide more rights to working mothers.

The proportion of women seeing trained personnel during pregnancy and birth had risen to 95 per cent, the delegation said. Only 20 per cent of pregnant women used family planning services. Maternal mortality rate was relatively high with 69.8 per 1,000 live births registered.

There were programmes to adopt street children and to progressively integrate them in the society, the delegation said. In addition, there were programmes established by the private sector to make these children participate in the new Venezuela.


* *** *