Invoking Article 26 is a procedure whereby complaints can be filed alleging the non-effective observance of a ratified ILO Convention, including freedom of association Conventions. Ratification of relevant ILO Conventions is required.
Procedural aspects: Who may lodge an Article 26 complaint?
- Member States also having ratified the Convention in question;
- The Governing Body (GB) acting on its own motion;
- The GB acting on receipt of a complaint from a delegate to the ILC, worker; employer or government.
The GB has the authority over the handling of such a complaint and may decide to appoint a formal Commission of Inquiry.
Review of the complaint
Where Article 26 complaints involve freedom of association, the GB normally refers the matter first to the CFA which examines it and may ask the government for its observations and the complainant for additional information, before taking a final decision to set up a Commission of Inquiry.
The Commission of Inquiry conducts a full investigation of a complaint, including a visit to the country concerned, if permitted by the Government.
Potential Impact of Article 26
The Commission of Inquiry issues a report usually extremely detailed:
- Embodying its findings on all questions of fact relevant to determining the issue between the parties and;
- Containing such recommendations as it may think proper as to the steps which should be taken to meet the complaint and the time within which they should be taken.
Once the Commission of Inquiry has issued its report, the GB will follow up on steps taken to implement the recommendations.
Where freedom of association is involved, the GB may refer the matter to the CFA and in turn to the CEACR for follow-up in the course of reporting on ratified Conventions.
The complaint may also be referred to the International Court of Justice after the work of the Commission of Inquiry is completed.
Each of these governments [making the complaint and with which the complaint is concerned] shall within three months inform the Director-General of the International Labour Office whether or not it accepts the recommendations contained in the report of the Commission; and, if not, whether it proposes to refer the complaint to the International Court of Justice.