COMPLAINTS Article 24 representations have been brought against a number of countries. A partial list for 2001 includes:58 have ratified.’ This procedure is initiated in the following manner: Deemed receivable: – Convention No. 169 on Indigenous and Tribal Peoples (1989) – (i) Colombia brought by the Central Unitary Workers’ Union (CUT) and the Colombian Medical Trade Union Association (ASMEDAS); – (ii) Denmark brought by the Sulinermik Inuussutissarsiuteqartut Kattuffiat (SIK); and – (iii) Ecuador brought by the Ecuadorian Confederation of Free Trade Union Organizations (CEOSL). • A complaint is filed with the Director-General alleging that a member state is not fulfilling its obligations under a Convention it has ratified. • It can be filed by: – An employer or trade union delegate to the International Labour Conference (in June each year); – Another government which has also ratified the same Convention; – The Governing Body. • Once a complaint is received, the Governing Body has the option of communicating with the government concerned or it may directly appoint a Commission of Inquiry. • The Commission of Inquiry conducts an investigation into the matter. There is no fixed time period for this, and each Commission adopts its own rules of procedure. – Trade unions and NGOs can submit their observations and reports directly to the Commission of Inquiry. • Once the Commission of Inquiry concludes its work, it forwards the report to the Governing Body and to the parties concerned. The report includes findings and Recommendations, and can be published. – If a government accepts the Recommendations of the Commission but does not carry them out within a specified time period, the Governing Body may recommend that the International Labour Conference takes the necessary action to secure compliance (e.g. suspension of ILO membership and technical assistance activities). – If a government challenges the Recommendations, its only option is to refer the complaint to the International Court of Justice. This court is the only competent authority which can review ILO standards and decisions. Its decision is final. – A defaulting government may also inform the Governing Body that it has complied with the Recommendations and ask the Governing Body to constitute a new Commission of Inquiry to verify this claim. If the report of the new Commission of Inquiry finds in favour of the defaulting government, the Governing Body will recommend that any action taken by the International Labour Conference be suspended (Article 34 of the ILO Constitution). Pending: – Convention No. 29 on Forced Labour (1930) – New Zealand by the New Zealand Trade Union Federation. – Convention No. 111 on Discrimination (Employment and Occupation) (1958) and Convention No. 158 on Termination of Employment (1982) – Ethiopia brought by the National Confederation of Eritrean Workers (NCEW); – Convention No. 169 – (i) Colombia brought by the Central Unitary Workers’ Union (CUT), and – (ii) Peru brought by the General Confederation of Workers of Peru (CGTP). The effect of a representation procedure is that it places a spotlight on a government’s failure to apply a Convention to which it is a party. In some cases this is sufficient to spur a government to take the necessary action. However, where the government concerned fails to implement the tripartite committee’s Recommendations, the Governing Body may decide to initiate the complaints procedure provided for under Article 26 of the ILO Constitution (see below concerning complaints). This option can be taken up at any time during the representation procedure. 1.2 The complaints procedure (Article 26) A complaint can be filed under Article 26 of the ILO Constitution: Article 26 ‘1. Any of the Members shall have the right to file a complaint with the International Labour Office if it is not satisfied that any other Member is securing the effective observance of any Convention which both THE INTERNATIONAL LABOUR ORGANIZATION: A HANDBOOK FOR MINORITIES AND INDIGENOUS PEOPLES 33