>> Question 9 : Which are the supervisory mechanisms?
>> Supervisory mechanism 3 : Complaints
The complaint is reserved for the most serious cases.
A complaint may be filed against a member state for not complying with a ratified convention by another member state which ratified the same convention, by a delegate to the International Labour Conference or by the Governing Body in its own capacity.
Upon receipt of a complaint, the Governing Body may form a Commission of Inquiry, consisting of three independent members, which is responsible for carrying out a full investigation of the complaint, ascertaining all the facts of the case and making recommendations on measures to be taken to address the problems raised by the complaint.
A Commission of Inquiry is the ILO's highest-level investigative procedure; it is generally set up when a member state is accused of committing persistent and serious violations and has repeatedly refused to address them. To date, 11 Commissions of Inquiry have been established.
When a country refuses to fulfill the recommendations of a Commission of Inquiry, the Governing Body can take action under article 33 of the ILO Constitution.
Article 33 states that "in the event of any Member failing to carry out within the time specified the recommendations, if any, contained in the report of the Commission of Inquiry, or in the decision of the International Court of Justice, as the case may be, the Governing Body may recommend to the Conference such action as it may deem wise and expedient to secure compliance therewith."
Invoked only once in ILO history in 2000, in the case of Myanmar
Supervisory mechanism 4 : Special procedure for violation of freedom of association