Representations submitted pursuant to
article 24 of the Constitution
- The representation procedure is governed by articles 24 and 25 of the ILO Constitution. It grants to workers' or employers' organizations the right to present to the ILO Governing Body a representation against any member State which, in its view, "has failed to secure in any respect the effective observance within its jurisdiction of any Convention of which it is a party". A tripartite committee of three members of the Governing Body may be established to examine the representation and the response of the government.
The report that the committee submits to the Governing Body states the legal aspects of the case, examines the information submitted, and concludes with recommendations. Where the response of the government is not considered to be satisfactory, the Governing Body is entitled to publish the representation and the response. Where a representation concerns the application of Conventions Nos. 87 or 98, it usually has been referred to the Committee on Freedom of Association for examination.
Complaints submitted pursuant to
article 26 of the Constitution
- The complaint procedure is governed by articles 26 to 34 of the ILO Constitution. The procedure was originally intended to resolve disputes between member States, one State invoking the non-compliance of another State with a Convention that both had ratified. However, the right to file a complaint was extended to Conference delegates, and the procedure may also be employed ex officio by the Governing Body. The latter is entitled, subsequent to the filing of a complaint, to form an ad hoc Commission of Inquiry.
The Commission of Inquiry, which is comprised of three independent members, is responsible for carrying out a full investigation of the complaint, for ascertaining all the facts of the case and for making a report recording its recommendations concerning the measures to be taken to answer the complaint.
The Report of the Commission of Inquiry is then submitted to the Governing Body. Within a period of three months, the government must indicate to the Director-General of the ILO whether or not it accepts the recommendations contained in the report of the Commission of Inquiry. In the event that it does not accept them, it may submit the dispute to the International Court of Justice, whose decision shall be final.
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