Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions
Figure 4.2: ILO complaints procedure124
Member State
or
International
Labour
Conference
delegate
or governing body
initiates complaint
Governing body
may appoint
a Commission
of Inquiry
Commission of
Inquiry
investigates
complaint and
adopts report
with
recommendations
or
Governing body
forwards
complaints
concerning trade
union rights to
Committee on
Freedom of
Association
Governing body
notes report and
passes case to
Committee of
Experts for
follow-up
ILO publishes
report
Government
accepts
recommendations
or may appeal
to the
International
Court of Justice
Governing body
may take action
under Article 33
In the 1950s, the ILO established supervisory procedure to ensure compliance with the fundamental
principle of freedom of association and collective bargaining, enshrined in the Freedom of Association
and Protection of the Right to Organise Convention, 1948 (C-87) and the Right to Organise and Collective
Bargaining Convention, 1949 (C-98). The special procedure on freedom of association can apply
to member States that have not ratified these conventions.
There are three competent bodies of the ILO that can hear complaints of alleged infringement of trade
union rights:
• the Committee on Freedom of Association
• the Fact-Finding and Conciliation Commission on Freedom of Association
• the Governing Body itself.125
The Fact-Finding and Conciliation Commission on Freedom of Association was established
in 1950, following discussions between the ILO and the United Nations Economic and Social Council
(ECOSOC). All complaints received by the ECOSOC concerning allegations of infringement of trade
union rights are referred to the ILO Governing Body and then to the Fact-Finding and Conciliation
Commission. Generally, the procedure applies to member States of the ILO. Non-member States of the
ILO may give their consent to the referral.
124
Ibid.
125
For further information, see: ILO Special procedures for examination in the International Labour Organization of complaints
alleging violations of freedom of association; Annex I.
50 | Chapter 4: The International Labour Organization and migrant workers