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Supervision of ILO Conventions
The ILO has a tripartite structure consisting of governments, and employers' and workers' representatives. Every country is represented at the International Labour Conference by four delegates: two government representatives, and one each from its employers' and workers' organizations. Indigenous and tribal peoples do not have a formal position within the ILO's tripartite structure. However, they can participate in ILO meetings and other activities either as representatives of governments, or of workers' or employers' organizations, or as representatives of NGOs on the ILO's Special List of NGOs. They can also send information directly to the ILO through workers' or employers' organizations, or they can send information themselves.
Regular reporting and examination of reports
Article 22 of the ILO Constitution requires that member States report regularly to the International Labour Office on the measures they have taken to give effect to Conventions to which they are party. Reports are requested every two years on a group of 12 high-priority Conventions, and every five years on other ILO Conventions, which includes Conventions Nos. 107 and 169. Reports can be called for more frequently. These reports must be sent to the most representative workers' and employers' organizations in the country for their comments, according to article 23 of the ILO Constitution. In the Report Form for Convention No. 169, there is a suggestion that governments consult with indigenous and tribal peoples when drafting their periodic reports. Reports submitted by member States are reviewed by the Committee of Experts on the Application of Conventions and Recommendations (CEACR), which is made up of 20 independent experts and meets every year. This mechanism for the examination of reports constitutes an ongoing dialogue between the ILO and its member States. The Report of the CEACR (Report III (1A)) is published on an annual basis, and the text of current and previous reports of the CEACR can also be found in the ILOLEX database.
Representations
Representations under article 24 of the ILO Constitution may be made by employers' and workers' organizations who claim that a State has failed to observe a ratified Convention. A tripartite committee of the Governing Body is set up to examine the matter, and its conclusions are adopted by the Governing Body. A report of the Tripartite Committee is then made public and its conclusions are followed up by the Committee of Experts in the context of its ongoing dialogue with the Government in question. A number of representations have so far been filed with the ILO under Convention No. 169. The reports of Tripartite Committees set up to examine representations under ILO Conventions can be found on the ILOLEX database.
Complaints
Complaints under article 26 of the ILO Constitution may be filed by: a) one member State against another, if both have ratified the Convention; b) by a delegate to the International Labour Conference; and c) by the Governing Body on its own initiative. No complaints have been filed in respect of Conventions Nos. 107 or 169.
Interpretations
Governments that are in doubt as to the meaning of particular provisions of an ILO Convention or Recommendation may request the Office to communicate its opinion. Under the ILO Constitution, the Office has no special authority to interpret Conventions and Recommendation (see note 1). But it may provide its opinion. Where a request from a government is for a formal or official opinion, a Memorandum by the International Labour Office is published in the Official Bulletin. The Office's response to the Government of Switzerland in 2001, on questions concerning the Convention's coverage, are published in the Office's Official Bulletin, Vol. LXXXIV, 2001. This is the only published response of this nature (pdf 112K). Where a formal or official opinion is not specifically requested, a letter of reply will be sent to the government concerned. These are not published.
Note 1 - The International Court of Justice is, by virtue of article 37, paragraph 1 of the Constitution, considered the only body competent to give interpretations of ILO Conventions and Recommendations. It has not been asked to do so for many years.
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