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Constitutional Documents
the complaint to the government in question, or if, when it has made such communication, no statement in reply has been received within a reason- able time which the Governing Body considers to be satisfactory, the Governing Body may appoint a Commission of Inquiry to consider the complaint and to report thereon.
4. The Governing Body may adopt the same procedure either of its own motion or on receipt of a complaint from a delegate to the Conference. 5. When any matter arising out of Article 25 or 26 is being considered by the Governing Body, the government in question shall, if not already represented thereon, be entitled to send a representative to take part in the proceedings of the Governing Body while the matter is under consider- ation. Adequate notice of the date on which the matter will be considered shall be given to the government in question.
Art. 27. The Members agree that, in the event of the reference of a complaint to a Commission of Inquiry under Article 26, they will each, whether directly concerned in the complaint or not, place at the disposal of the Commission all the information in their possession which bears upon the subject-matter of the complaint.
Art. 28. When the Commission of Inquiry has fully considered the complaint, it shall prepare a report embodying its findings on all questions of fact relevant to determining the issue between the parties and con- taining 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.
Art. 29. 1. The Director-General of the International Labor Office shall communicate the report of the Commission of Inquiry to the Govern- ing Body and to each of the governments concerned in the complaint, and shall cause it to be published.
2. Each of these governments shall within three months inform the Director-General of the International Labor 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.
Art. 30. In the event of any Member failing to take the action required by paragraphs 5 (b), 6 (b) or 7 (b) (i) of Article 19 with regard to a Con- vention or Recommendation, any other Member shall be entitled to refer the matter to the Governing Body. In the event of the Governing Body finding that there has been such a failure, it shall report the matter to the Conference.
Art. 31. The decision of the International Court of Justice in regard to a complaint or matter which has been referred to it in pursuance of Article 29 shall be final.
Art. 32. The International Court of Justice may affirm, vary or reverse findings or recommendations of the Commission of Inquiry, if any of any.
Art. 33. 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
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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 com- pliance therewith.
Art. 34. The defaulting government may at any time inform the Governing Body that it has taken the steps necessary to comply with the recommendations of the Cominission of Inquiry or with those in the de- cision of the International Court of Justice, as the case may be, and may request it to constitute a Commission of Inquiry to verify its contention. In this case the provisions of Articles 27, 28, 29, 31 and 32 shall apply, and if the report of the Commission of Inquiry or the decision of the Inter- national Court of Justice is in favour of the defaulting government, the Governing Body shall forthwith recommend the discontinuance of any action taken in pursuance of article 33.
Chapter III. General
Art. 35. 1. The Members undertake that Conventions which they have ratified in accordance with the provisions of this Constitution shall be applied to the non-metropolitan territories for whose international re- lations they are responsible, including any trust territories for which they are the administering authority, except where the subject-matter of the Convention is within the self-governing powers of the territory or the Con- vention is inapplicable owing to the local conditions or subject to such modifications as may be necessary to adapt the Convention to local con- ditions.
2. Each Member which ratifies a Convention shall as soon as possible after ratification communicate to the Director-General of the International Labor Office a declaration stating in respect of the territories other than those referred to in paragraphs 4 and 5 below the extent to which it under- takes that the provisions of the Convention shall be applied and giving such particulars as may be prescribed by the Convention.
3. Each Member which has communicated a declaration in virtue of the preceding paragraph may from time to time, in accordance with the terms of the Convention, communicate a further declaration modifying the terms of any former declaration and stating the present position in respect of such territories.
4. Where the subject-matter of the Convention is within the self- governing powers of any non-metropolitan territory the Member responsi- ble for the international relations of that territory shall bring the Con- vention to the notice of the government of the territory as soon as possible with a view to the enactment of legislation or other action by such govern- ment. Thereafter the Member, in agreement with the government of the territory, may communicate to the Director-General of the International Labor Office a declaration accepting the obligations of the Convention on behalf of such territory.
5. A declaration accepting the obligations of any Convention may be communicated to the Director-General of the International Labor Office: any terri- (a) by two or more Members of the Organization in respect of tory which is under their joint authority; or