VIII. How to work with the ILO 1. Access to the ILO he strength of the ILO is in monitoring how member states observe their obligations, and in focusing attention on their lapses, as well as on positive developments. However, it is important to keep in mind the limitations of the ILO as an international inter-governmental organization. While its actions and decisions carry moral authority and exert persuasive influence, the ILO cannot impose punitive measures. As an extreme measure members can be excluded from the ILO’s technical and other assistance, as in the case of Burma (see ch. VII). The ILO’s request to international governmental organizations and workers’ and employers’ groups to review their relations with Burma to ensure that they were not contributing to forced labour was a very strong message – one that could be used by NGOs wanting to put pressure on governments and companies regarding their investment in or support to the Government of Burma. As a general rule, governments are very sensitive to public scrutiny, and having discrepancies between national law and practice with international obligations pointed out can act as a catalyst to positive change. The ILO compliance mechanisms, reports and other documents provide some scope for drawing attention to specific instances of human rights violations, and should not be overlooked by minority and indigenous organizations and other concerned NGOs in exploring different avenues to more effective rights’ protection. Although the ILO’s traditional partners are governments and employers’ and workers’ organizations, minority and indigenous organizations and other concerned NGOs may participate in ILO activities and processes. This can be done via: • one of the ILO tripartite members; • as an NGO on the ILO Special List (see later); • directly. T 1.1 Through governments, employers’ and workers’ organizations This is often the simplest way to access the ILO. For example, during the adoption of ILO Convention No. 169 indigenous peoples participated in the various ILO bodies as part of official delegations. • Of the three traditional partners, trade unions are gen- 40 erally the most open to minority and indigenous issues. They have often helped bring indigenous issues to the ILO’s attention both for the regular work, in the Committee of Experts and the Applications Committee, as well as through the special constitutional procedures. For example, all Article 24 representations brought under Convention No. 169 have been brought by trade unions on behalf of indigenous communities and their organizations. In terms of advocacy, this is the key point of influence for minority and indigenous organizations and other concerned NGOs. • It can be a local, national or international trade union. For example, the International Confederation of Free Trade Unions (ICFTU), which is based in Brussels, Belgium, has brought a number of issues to the ILO’s attention. Note: The trade union does not have to be from the same country, but it must be a workers’ organization. In the case brought against Denmark (mentioned in ch. VI) an Article 24 representation on behalf of Greenland was brought by an indigenous workers’ organization. 1.2 NGOs The ILO decided it should formalize the ILO’s relations with organizations – other than those belonging to employers’ and workers’ – whose aims and objectives are in keeping with the aims, principles and spirit of the ILO Constitution and Declarations, and who play a valuable role in its work. There are three categories of NGOs at the ILO: • International NGOs with an important interest in a wide range of ILO activities. These are granted either general or regional consultative status; • International NGOs with a particular interest – e.g. for specific meetings. (Any NGO interested in working with the ILO in a specific area should contact the ILO and ask to be informed of any relevant meetings.) • The ‘Special List’ of international NGOs. Of these, the third category is the most relevant. To be placed on the ILO Special List of NGOs, an NGO has to fulfil the following criteria: • A formal application must be submitted in writing to the ILO; • The NGO must demonstrate that its aims and objec- THE INTERNATIONAL LABOUR ORGANIZATION: A HANDBOOK FOR MINORITIES AND INDIGENOUS PEOPLES