MECHANISMS TO ENSURE COMPLIANCE WITH ILO STANDARDS The Committee of Experts is composed of 20 independent experts. Its fundamental principles are impartiality, independence and objectivity. Experts are appointed in their personal capacity, and come from different legal, economic and social systems so as to ensure a broad geographical and technical balance. They are appointed by the Governing Body on the suggestion of the Director-General for a period of three years, which is usually renewed. In this way, both continuity and impartiality are strengthened. The Committee of Experts is in annual session from November to December for approximately three weeks. The sessions, however, are closed to the public, so there is no access for NGOs or other organizations and individuals. This is a basis for criticism of the ILO system as it is lacking in transparency and accessibility. Under such circumstances, the alternative is for minority and indigenous organizations and other concerned NGOs to provide information to the ILO for submission to the Committee of Experts. This should be done well in advance of their meeting. (For more details see under ch. VIII.) A full list of the current members of the ILO Committee of Experts is included in the Committee’s Annual Report, and is also available from the ILO. Working methods The Committee of Experts has the following working methods: • Each expert is responsible for a group of Conventions or subjects. • In assessing the situation in a given country in relation to the provisions of the relevant Convention or Conventions, the expert can include the following documents in his or her analysis: – Comments submitted by employers’ and workers’ organizations; – Information and documents supplied by the government; – Reports from other international bodies, e.g. InterAmerican Commission on Human Rights, Organization for Security and Cooperation in Europe, the World Bank; – UN documents, e.g. the UN Committee on the Elimination of Racial Discrimination, the UN Commission on Human Rights; – Any other information which can be verifiable and is based on concrete evidence such as laws, regulations, judicial decisions, etc. This can include information from indigenous and minority organizations and concerned NGOs. For example, information provided by Amnesty International, Anti-Slavery International and Survival International has been used by the ILO supervisory bodies. • There are no rules regarding the acceptability of any 26 information. It is taken on its merits, and is at the discretion of the relevant body. However, verifiable information which can be corroborated by other sources, e.g. human rights organizations, newspapers, UN reports, is generally deemed acceptable, as are all kinds of official documentation such as copies of court proceedings, decrees, laws, legislative texts, etc. • The individual expert then draws up draft conclusions for discussion by the full Committee of Experts. • The Committee of Experts always operates as a body and although each expert is responsible for reporting on a certain number or group of Conventions, it operates on the principle of unanimity and consensus. • The Committee of Experts makes its comments as Observations. Observations • These are on a country-by-country basis, and are published in an Annual Report, which is organized according to the number of the Convention. • Observations are used to indicate long-standing problems or serious failures to implement ILO Conventions, and are generally the Committee of Experts’ way of asking a government to take action to ensure the full implementation of a Convention. They may also be used to welcome progress achieved in response to the Committee’s previous comments. • The Committee of Experts may include a footnote at the end of the Observation to ask the government to provide its next report ahead of schedule (i.e. outside of the regular reporting cycle) or to appear before the International Labour Conference. • Observations are effective in exercising a degree of moral pressure and serving to publicize specific situations. Governments are generally very sensitive about the situation in their countries being publicized. Thus, Observations have a real value. • If there are serious developments, and the government has not taken the necessary measures to resolve the situation, the Committee of Experts may invite the government to discuss the issue at the Conference (see below for more details). Direct Requests In addition to Observations, the Committee of Experts also makes requests for information on areas which need clarification, or comment, and on technical questions. They often supplement Observations, but can also stand on their own. • Like Observations, Direct Requests can ask for a detailed report to be submitted. • Direct Requests are not published in the Committee of Experts’ report52 but are sent directly to the government THE INTERNATIONAL LABOUR ORGANIZATION: A HANDBOOK FOR MINORITIES AND INDIGENOUS PEOPLES