COMPLAINTS
Diagram of the complaints procedure
Another ratifying member state, an International
Labour Conference delegate or the Governing
Body can bring a complaint.
Government(s)
Delegate(s)
Governing Body
The Governing Body decides whether to
appoint a Commission of Inquiry.
GOVERNING
BODY
If the complaint involves freedom of association, it may be referred to the
Governing Body’s Committee on Freedom of Association.
COMMITTEE ON FREEDOM OF ASSOCIATION
COMMISSION OF INQUIRY
The independent Commission of Inquiry thoroughly
investigates the complaint, setting its procedures as
required by the case.
The government concerned may be visited.
Government concerned
The Commission of Inquiry reports its findings, giving Recommendations and
a time frame for their implementation.
REPORT
The report is sent to the government concerned, published, and transmitted to the Governing Body to take note.
Government concerned
ICJ
GOVERNING
Committee of Experts on the Application of
Conventions and Recommendations
The government(s) concerned may refer the complaint to
the International Court of Justice for a final decision.
2. Special procedures for complaints
relating to freedom of association59
s the right to organize is pivotal to the ILO, mechanisms were established to protect this right regardless of whether the relevant Conventions had been ratified. The ILO has two committees to investigate complaints relating to freedom of association:
• Governing Body Committee on Freedom of Associa-
A
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BODY
The Committee of Experts follows up on
implementation of the Recommendations
of the Commission of Inquiry.
tion;
• Fact-finding and Conciliation Commission on Freedom of Association.
2.1 Governing Body Committee on
Freedom of Association
A complaint can be registered at this Committee irrespective of whether the country concerned has ratified
the ILO Conventions relating to freedom of association.
THE INTERNATIONAL LABOUR ORGANIZATION: A HANDBOOK FOR MINORITIES AND INDIGENOUS PEOPLES