国际劳工组织监督制度：第26条申诉程序

1 What is the Article26 ILO complaintprocedure?An Article 26 complaint is governed byArticles 26 to 34 of the ILOConstitution.Under this procedure a complaint maybe filed against a member State for notcomplying with a ratified Convention.The complaint may be filed by anothermember State which has ratified the sameConvention, a delegate to the InternationalLabour Conference (ILC) or the GoverningBody.Commission of InquiryUpon receipt of a complaint, the GoverningBody may establish a Commission ofInquiry, consisting of three independentmembers, which is responsible for carryingout a full investigation of the complaint,ascertaining all the facts of the case andmaking recommendations on measures tobe taken to address the problems raised bythe complaint.A Commission of Inquiry is the ILO’shighest-level investigative procedure andis generally set up when a member Stateis accused of committing persistent andserious violations and has repeatedlyrefused to address them. As of March 2025,15 Commissions of Inquiryhave beenestablished. Recommendations of aCommission of InquiryWhen a member State refuses to fulfil therecommendations of a Commission ofInquiry, the Governing Body may considertaking actions under Article 33 of the ILOConstitution. This provision establishesthat in the event of a member State failingto carry out, within the time specifiedthe recommendations, contained in thereport of the Commission of Inquiry, orin the decision of the International Courtof Justice, the Governing Body mayrecommend to the International LabourConference to take action as it may deemwise and expedient to secure compliance.How does the procedurework in practice?As ofMarch 2025, complaints have beenmade against 50 of the 187 ILO memberStates. Of those member States, 38 havebeen the subject of only one complaint,and 12 have been the subject of two ormore complaints.As ofMarch 2025, there are three pendingArticle 26 complaints (two in Latin America(Guatemala and Nicaragua) and one in Asia(Bangladesh)). Why is the procedure important for employers?It is important for Employers for the following main reasons:•Ascomplainants, Employers’ organisations may seek recourse to an Article 26complaint procedure to provide a high degree of visibility in the Governing Body andInternational Labour Conference for a serious violation in law and practice of a ratifiedConvention by an ILO member State.•National employers in the ILO member State against which an Article 26complaint has been filedby a trade union or a government could be affected by thecontent of the recommendations. For instance, if the member State is requested toenact/amend legislation or implement policies in conflict with employers’ needs. Theassessment of the violation may also have an impact on the reputation of the relevantemployer party to the case. Moreover, once aware of the complaint, national employersmay decide to make a submission to the government providing the employers’perspectives to the complaint. For additional information, please contact:Rita Yip, IOE Senior Adviseryip@ioe-emp.comAltea Rossi, IOE Adviserrossi@ioe-emp.comWhat is the role of IOEin Article 26 complaintprocedures?IOE provides valuable support to:·prepare and bring an Article 26 complaint tothe Governing Body or International LabourConference;·inform national employers that an Article26 complaint has been filed against theirgovernment;·assist in finding solutions at national levelthrough the most representative employerorganisation;·provide updates on the follow up of an Article26 complaint and influence the actions againstthe member States to ensure compliance. © IOE 2025Chemin du Pommier 42 (Kyoto), 7th Floor1218 Le Grand-SaconnexGeneva – SwitzerlandT +41 22 929 00 00 F +41 22 929 00 01ioe@ioe-emp.com • ioe-emp.org