Committee on Economic, Social and Cultural Rights

List of issues in relation to the third periodic report of the Bolivarian Republic of Venezuela *

I.General information

1.Please provide information about specific judicial decisions in which the rights enshrined in the International Covenant on Economic, Social and Cultural Rights have been invoked and/or directly enforced by domestic courts. Please also provide information on the steps that have been taken to raise general awareness, especially among members of the judiciary, of the economic, social and cultural rights contained in the Covenant.

II.Issues relating to the general provisions of the Covenant (arts. 1–5)

Article 1, paragraph 2The right to freely dispose of natural wealth and resources

2.Please provide information about enforcement of the Indigenous Peoples Habitat and Lands Demarcation and Protection Act, as well as about the functions of the Regional Demarcation Commission and the resources allocated to it. Please provide up-to-date information about the progress that the State party has made towards recognizing and protecting the rights of indigenous peoples to the ownership of their ancestral lands.

3.Please indicate what mechanisms are in place in the State party to ensure the prior, free and informed consultation of indigenous peoples in connection with decision-making processes that may affect their enjoyment of their economic, social and cultural rights.

Article 2, paragraph 1Obligation to take steps to the maximum of available resources

4.Please provide information on the implementation of the Anti-Corruption Act and the measures that have actually been taken by the State party to fight corruption. Please also include information on the number of complaints for corruption filed over the past five years, the investigations conducted, the percentage of those complaints that resulted in convictions and the protection provided to persons who report cases of corruption.

Article 2, paragraph 2Non-discrimination

5.In light of the information provided by the State party (E/C.12/VEN/3, para. 276), please indicate whether there is a comprehensive law prohibiting all forms of discrimination. Please also provide information on the role and functions of the bodies and institutions created to protect the rights recognized in the Covenant and on the way in which they coordinate their work. Please provide further information on the specific measures adopted to combat discrimination against indigenous peoples, persons of African descent, refugees and persons with HIV/AIDS in the exercise of their economic, social and cultural rights.

Article 3Equal rights of men and women

6.Please provide information on the measures taken by the State party to combat deep-rooted stereotypes in connection with the roles and responsibilities of men and women in the family and in society. Please provide information on the specific steps taken by the State party to eliminate gender-based vertical and horizontal segregation in the labour market and to close the wage gap between men and women.

III.Issues relating to specific provisions of the Covenant(arts. 6–15)

Article 6The right to work

7.Please indicate what measures have been taken to address the high rate of employment in the informal economy and in particular on the results of implementing the Special Employment Plan (E/C.12/VEN/3, para. 308). Please provide updated information on the unemployment and underemployment rates, broken down by age, sex, ethnic or national origin and disadvantaged and marginalized groups.

8.Please provide information on the results of the actions that have been taken to reduce unemployment among women and to improve their working conditions.

Article 7The right to just and favourable conditions of work

9.Please provide information on the specific steps taken to prevent workplace accidents and occupational diseases, particularly in the refinery and construction sectors. Please provide information on the inspections carried out by the National Institute of Prevention, Health and Safety at Work, the results of the inspections and the penalties that have been imposed. Please provide additional information about the investigations that were conducted after the explosion that took place in the Amuay refinery (Falcón State) in August 2012.

10.Please provide detailed, updated information, including statistics broken down by sex and age, on domestic workers in the State party and the legal rules governing domestic work. Please also provide information about the oversight mechanisms, including labour inspections, in place in the State party to ensure that domestic workers in fact enjoy equitable and satisfactory conditions of work.

Article 8Trade union rights

11.Please provide information on the steps taken by the State party to ensure that every individual may freely exercise his or her trade union rights, in full conformity with the provisions of article 8 of the Covenant. Please also provide information on the steps taken by the State party to investigate violations of trade union rights such as acts of violence and harassment directed against trade union leaders, as well as to prevent interference by the authorities in trade union elections and any kind of restriction of trade union rights.

Article 9The right to social security

12.Please provide information on the practical mechanisms adopted by the State party to ensure that the social security system provides all beneficiaries and their families with an adequate standard of living. Please also report on how the State party guarantees the provision of non-contributory social assistance, in particular for poor families headed by single mothers, widows, persons employed in the informal economy, persons with HIV/AIDS and persons with disabilities.

Article 10Protection of the family, mothers and children

13.Please provide information on the social support services available to families, in particular families from disadvantaged and marginalized groups, and on whether childcare support services are provided.

14.Please provide information, including disaggregated statistical data, on the incidence of child labour in the State party. Please provide information on the specific measures adopted to combat child labour, especially in hazardous conditions and in the domestic sphere. Likewise, please report on measures adopted to protect children and adolescents from exposure to different forms of exploitation.

15.Please provide information on the results of the implementation of the Act on Women’s Right to a Life Free from Violence. Please provide information on access to justice and on the protection and support services available to victims of violence. Please indicate the number of cases investigated and brought before the courts, and the penalties incurred by the perpetrators. Please also indicate whether campaigns are carried out to raise general public awareness of the negative effects of domestic violence.

Article 11The right to an adequate standard of living

16.Please provide up-to-date statistical data, broken down by age, sex, ethnic or national origin and rural/urban areas, on poverty levels in the State party. Likewise, please provide information on the results of measures implemented to combat poverty and in particular of the Economic and Social Development Plan of the Nation 2007–2013, on whether there is a method of assessing those measures and on how the State party intends to ensure their long-term sustainability.

17.Please provide further information on the results of the Great Venezuelan Housing Mission and how it has helped reduce the persistent housing shortage. Please also provide information on the measures taken in relation to social housing and its accessibility to disadvantaged or marginalized families, particularly in rural areas and disadvantaged urban areas. Please also provide information on the measures taken in relation to forced evictions of persons living in informal settlements.

18.Please provide information on the steps taken to ensure access to a sufficient supply of water suitable for personal and domestic consumption. Please also provide information on the system used to verify water quality.

19.Please provide information on the results of the Special Food Security Plan. Provide further information on the alleged scarcity and in some cases unavailability of food and basic necessities that have been noted in the State party, as well as on the steps that have been taken to overcome such shortages and prevent similar situations from arising in the future.

20.Please provide information on the results of the implementation of the Environment Act and on the specific measures that have been adopted, such as environmental impact studies, to prevent industrial and extractive activities from generating high levels of pollution. Please also indicate whether the State party has taken steps to provide redress and compensation to the communities affected.

Article 12The right to physical and mental health

21.Please provide information on the availability and accessibility of health services in the State party and on the results achieved by the Barrio Adentro Mission. Report on the measures taken by the State party to ensure that hospital infrastructure is adequate and that health centres are provided with sufficient and adequate medical supplies and medicines, including antiretrovirals.

22.Please provide additional information on the specific measures taken to reduce maternal mortality in the State party and the concrete results of implementing the Barrio Adentro I, II and III Missions and the Niño Jesús Mission.

23.Please provide updated information on the measures taken to prevent teenage pregnancy in the State party. Please also provide information on the steps taken to ensure that sexual and reproductive health services and information are available and accessible to all persons, particularly adolescents, in all the regions of the country, and indicate whether the adolescent population has been targeted by sexual and reproductive health education programmes and awareness-raising campaigns.

Articles 13 and 14The right to education

24.Please provide information on the steps taken by the State party to ensure that schools provide high-quality education, particularly in rural areas, and on the steps taken to provide improved access to education, on an equal footing, for indigenous children, children of African descent, refugees and asylum seekers.

Article 15Cultural rights

26.Please provide information on the measures taken by the State party to protect the cultural identity of indigenous peoples and to include their languages and culture in primary and secondary school curricula. Please also provide further information on the implementation of the Indigenous Languages Act and the Act on the Preservation, Rescue and Dissemination of the Indigenous Cultural Heritage.

26.Please indicate what measures have been taken by the State party to ensure affordable access to the Internet for disadvantaged and marginalized persons and groups, including in rural areas.