Article 26bis Objections (ILC Standing Orders)


Description:(ILC Standing Orders)

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Document No. (ilolex): 27200201
Part II: Standing Orders concerning special subjects, Section B - Verification of credentials Adopted on 21 November 1919 at the First Session of the Conference. Revised and consolidated at the 27th Session. The present text of this article includes all amendments adopted up to the 97th Session (2008). The ILO is committed to promoting gender equality. Amendments to this effect were adopted at the 97th Session of the International Labour Conference (Geneva, 2008).

ARTICLE 26bis

Objections

1. An objection in pursuance of article 5, paragraph 2(a), shall not be receivable in the following cases:

(a) if the objection is not lodged with the Secretary-General within 72 hours from 10 a.m. of the first day of the Conference, the date of publication in the Provisional Record of the official list of delegations, on the basis of the presence of a person fs name or functions on this list, or its absence. If the objection is based on a revised list, the time limit shall be reduced to 48 hours;

(b) if the authors of the objection remain anonymous;

(c) if the author of the objection is serving as adviser to the delegate to whose nomination objection is taken;

(d) if the objection is based upon facts or allegations which the Conference, by a debate and a decision referring to identical facts or allegations, has already discussed and recognized to be irrelevant or devoid of substance.

2..The procedure for the determination of whether an objection is receivable shall be as follows:

(a) the Credentials Committee shall consider in respect of each objection whether on any of the grounds set forth in paragraph 1 the objection is irreceivable;

(b) if the Committee reaches a unanimous conclusion concerning the receivability of the objection, its decision shall be final;

(c) if the Credentials Committee does not reach a unanimous conclusion concerning the receivability of the objection, it shall refer the matter to the Conference which shall, on being furnished with a record of the Committee fs discussions and with a report setting forth the opinion of the majority and minority of its members, decide without further discussion whether the objection is receivable.

3. The Credentials Committee shall consider whether every objection deemed to be receivable is well founded and shall as a matter of urgency submit a report thereon to the Conference.

4. If the Credentials Committee or any member thereof submits a report advising that the Conference should refuse to admit any delegate or adviser, the President shall submit this proposal to the Conference for decision, and the Conference, if it deems that the delegate or adviser has not been nominated in conformity with the requirements of the Constitution, may, in accordance with paragraph 9 of article 3 thereof, refuse by two-thirds of the votes cast by the delegates present to admit the delegate or adviser. Delegates who are in favourof refusing to admit the delegate or adviser shall vote "Yes"; delegates who are opposed to refusing to admit the delegate or adviser shall vote "No".

5. Pending final decision of the question of their admission, any delegate or adviser to whose nomination objection has been taken shall have the same rights as other delegates and advisers.

6. If the Credentials Committee considers unanimously that the issues raised by an objection relate to a violation of the principles of freedom of association which has not already been examined by the Governing Body's Committee on Freedom of Association, it may propose referral of the question to that Committee. The Conference shall decide, without discussion, on such proposals for referral.

7. When, in the light of the examination of an objection, the Credentials Committee unanimously considers that it is necessary to monitor the situation, it may propose this to the Conference, which shall decide, without discussion, on the proposal. If it is so decided, the Government concerned shall report on such questions that the Credentials Committee judges necessary, to the subsequent session of the Conference when it submits the delegation's credentials.

Cross references
Constitution: Article 5

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