7. Comparing the ILO Mechanisms
|Representation Procedure||Committee On Freedom Of Association||Commission Of Inquiry|
|Rights Protected||Rights under any ILO Convention the relevant government has ratified.||Rights to freedom of association and collective bargaining||
Rights under any ILO Convention the relevant government has ratified. However, a Commission is generally only established in cases where “a Member State is accused of committing persistent and serious violations and has repeatedly refused to address them”
|Type of mechanism and outcome||The Governing Body will request a response from the government regarding the representation. If the response is not satisfactory, the Governing Body may choose to publish the representation and the government response. The Governing Body then establishes an ad hoc tripartite Committee to investigate the representation and to present a report on its findings.||
The Committee examines complaints and then recommends to the Governing body:
1) That a case requires no further examination;
2) That the Governing Body should alert the government to the problems identified;
3) That a case should proceed to the Fact-Finding and Conciliation Commission (this is only done on rare occasions)
The recommendations of the Committee are made public.
The Governing Body decides whether to form a Commission of Inquiry. If a Commission is formed, they will complete a full investigation and will make recommendations to the Member State.
- If the government refuses to fulfill the recommendations, the Governing Body can take action under article 33 of the ILO Constitution and may recommend to the Conference such action it considers necessary to ensure compliance.
|Parties permitted to submit a request||
(1) employers’ organisation
(2) workers’ organisation
(1) a national organisation directly interested in the matter
(2) an international organisation of employers or workers having consultative status with the ILO
(3) an other international organisation of employers or workers, where the allegations relate to matters directly affecting their affiliated organisations
1. a Member State that has ratified the relevant convention
2. a delegate to the International Labour Conference
3. the Governing Body of the ILO
|Ratification status required||The government concerned must have ratified the relevant Convention(s)||No requirement that the government (Member State of the ILO) has ratified the relevant Convention(s)||The government concerned must have ratified the relevant Convention(s)|
|Number of cases decided||252 representation have been submitted||Over 3300 cases of which 6 cases passed onto the Fact-Finding and Conciliation Commission||14 Commissions of Inquiry have been formed around 35 complaints have been received|
|Required to exhaust domestic remedies first?||No||No, but failure to appeal to domestic remedies will be taken into account||No, but usually there has to be proof of ongoing and consistent violations of the issue concerned.|