Part I International laws and mechanisms 3.2. Special procedures The special procedures are engaged upon the submission of a “representation” or a complaint. They include: • the procedure for representations on the application of ratified conventions • the procedure for complaints over the application of ratified conventions • the special procedure for complaints regarding freedom of association. The representation procedure allows an industrial association of employers or workers to bring a “representation” or allegation to the ILO Governing Body against a member State for failure “to secure in any respect the effective observance within its jurisdiction of any Convention to which it is a party” (article 24, ILO Constitution). A tripartite Committee is set up by the Governing Body which examines the issues raised and the response of the Government concerned. If the Government response is not considered satisfactory, the Governing Body publishes both the representation and the response (article 25, ILO Constitution). The representation must satisfy certain conditions before it can be examined by the Committee. Officers of the ILO Governing Body determine whether the representation has been submitted according to formal requirements and whether it establishes in what respects the Government is alleged to have failed to effectively observe a convention it has ratified.122 Under the complaints procedure, a member State, a delegate to the International Labour Conference or the ILO Governing Body on its own accord, may submit a complaint against another member State for failing to secure the effective observance of a convention ratified by both member States (article 26, ILO Constitution). The ILO Governing Body may refer the matter for examination to a Commission of Inquiry or forward complaints on violation of trade union rights to the Committee on Freedom of Association. Articles 26 to 34 of the ILO Constitution govern this procedure. The Commission of Inquiry is the highest investigative level procedure at the ILO and is set up to deal with complaints involving persistent and serious violations and persistent refusal to address such violations by a Member.123 Since 1996, there have been 11 Commissions of Inquiry set up by the ILO. The Commission of Inquiry conducts a full investigation of the complaint and prepares a report setting out all questions of facts and recommendations (articles 26 to 28, ILO Constitution). The Government against which the complaint is made may accept the recommendations or refer the matter to the International Court of Justice (article 29, ILO Constitution). If the member State refuses to take action on the recommendations, the Governing Body may recommend to the International Labour Conference “such action as it may deem wise and expedient to secure compliance” (article 33, ILO Constitution). Article 33 has been used once, in 2000, when the ILO Governing Body asked the International Labour Conference to take measures against Myanmar to end the use of forced labour. 122 For complete procedure and requirements, see: Standing Orders concerning the procedure for the examination of representations under articles 24 and 25 of the ILO Constitution; ILO; 1932 (modified 1938, 1980 and 2004). 123 “Complaints”; ILO; www.ilo.org/global/standards/applying-and-promoting-international-labour-standards/complaints/lang--en/ index.htm. Chapter 4: The International Labour Organization and migrant workers | 49