MECHANISMS TO ENSURE COMPLIANCE WITH ILO STANDARDS – An employers’ or workers’ organization makes a ‘comment’ alleging that a State Party is not complying with its obligations under a specific Convention. This can come from a local, national or international organization and in practice takes the form of a written communication to the ILO; – A request from the Applications Committee, or a committee established under special constitutional procedures, asking the Committee of Experts to follow up on the implementation of recommendations contained in these committees’ reports (see later under 2.2 for more details). The above exceptions provide an opportunity to highlight issues outside of the regular reporting cycle, and are of particular importance in relation to those Conventions with a five-year reporting cycle – e.g. the Conventions relating to indigenous peoples – Convention Nos 107 and 169. Minority and indigenous organizations, and concerned NGOs wishing to work with the ILO to protect indigenous and minority rights, should consider these options as a way of influencing the work of the Committee of Experts. They can send information directly to the ILO, or through a friendly employers’ or workers’ organization, although trade unions are often more receptive. If it contains data, hard facts, laws and administrative provisions, reports of cases etc., the Committee can take it into account in its supervisory work. Information can be sent via any workers’, or for that matter employers’, organization; it does not have to be from the relevant country. As the information comes from a constituent member, i.e. a workers’ or employers’ organization, the ILO has to take it into account. Employers’ and workers’ organizations Another element of the reporting process is the requirement included in all ILO Conventions that reports have to be sent to the employers’ and workers’ organizations, and these organizations have the right to provide their own comments. Ideally the reports should be prepared in consultation with these organizations, but the extent to which this is followed varies from country to country. This could be another avenue for minority and indigenous organizations and concerned NGOs to work closely with employers’ and workers’ organizations in securing greater compliance with ILO Conventions. 1.2 Reports on non-ratified Conventions (General Surveys) Article 19 of the ILO Constitution requires member states to provide reports to the ILO supervisory bodies on the position in law and practice with regard to particular Conventions or Recommendations. Thus, ILO member states are also asked to include information on the reasons delaying or preventing ratification. The ILO Governing Body decides which issues should be looked into, and highlights the relevant Convention, or group of Conventions and Recommendations dealing with that subject matter. The selection is based on the ILO’s current concerns. Recently the subjects have ranged from equality of opportunity and treatment in 1996, to migrant workers in 1999, tripartite consultation in 2000 and women’s night working in industry in 2001. Once the Governing Body decides on the topic, questionnaires are sent out to the member states. The responses of the member states are analyzed and compiled in a report known as a General Survey. These surveys produce in-depth reports to enable the ILO to consider whether particular standards are operating effectively. They also serve to draw attention to those governments which have not ratified or implemented a particular Convention, thereby increasing the pressure on them to do so. Finally, they are used to determine whether the relevant Conventions and Recommendations are up to date, or need to be revised. 2. Supervisory bodies number of bodies and mechanisms supervise how ILO Conventions and Recommendations are being applied. Here is an overview of the system: A 2.1 Committee of Experts on the Application of Conventions and Recommendations The Committee of Experts on the Application of Conventions and Recommendations (Committee of Experts) is the main body responsible for examining the reports from member states. The Committee of Experts was created in 1926 by the International Labour Conference to analyze the following: • Annual reports submitted under Article 22 of the Constitution; • Information and reports on un-ratified Conventions and Recommendations (Article 19); • Information and reports on the application of Conventions to non-metropolitan territories51 – trust territories or overseas territories (Article 35). THE INTERNATIONAL LABOUR ORGANIZATION: A HANDBOOK FOR MINORITIES AND INDIGENOUS PEOPLES 25