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parties to the International Court of Justice. Ultimately the Governing
Body may recommend to the Conference such action as it considers wise
and expedient. The complaints procedure was first used by Ghana against
Portugal regarding the Abolition of Forced Labour Convention, 1957 in
its African territories.
409
A special procedure regarding freedom of association was established
in 1951, with a Committee on Freedom of Association which exam-
ines a wide range of complaints. It consists of nine members (three
from each of the tripartite elements in the ILO). The Committee sub-
mits detailed reports to the Governing Body with proposed conclusions
and suggested recommendations to be made to the state concerned,
and a considerable case-law has been built up.
410
A Fact-finding and
407
The Committee usually consists of 200 members.
408
But see e.g. Official Bulletin of the ILO, 1956, p. 120 (Netherlands Antilles);
ibid.
, 1967,
p. 267 (Brazil) and
ibid.
, 1972, p. 125 (Italy). See also
ibid.
, 1978 (Czechoslovakia).
409
See Official Bulletin of the ILO, 1962;
ibid.
, 1963 (Liberia) and
ibid.
, 1971 (Greece).
410
See e.g. G. Von Potobsky, ‘Protection of Trade Union Rights: Twenty Years Work of the
Committee on Freedom of Association’, 105
International Labour Review
, 1972, p. 69. See
also Servais, ‘ILO Standards’, and
Freedom of Association: Digest of Decisions of the Free-
dom of Association Committee of the Governing Body of the ILO
, 3rd edn, Geneva, 1985.
By the end of 1991, over 1,600 cases had been considered by the Committee: see Swep-
ston, ‘Human Rights Complaints Procedures of the International Labour Organisation’,
p. 109.
t h e p r o t e c t i o n o f h u m a n r i g h t s
341
Conciliation Commission has been created for more serious and politi-
cally delicate cases which operates with the consent of the state concerned.
Accordingly, few questions have been dealt with,
411
although in 1992 a
visit was made to South Africa and recommendations made to the ILO
and ECOSOC. The government of that country sent a response to the
Director-General of the ILO and, at the request of ECOSOC, the ILO
Committee on Freedom of Association examined South Africa’s report in
1994. The Committee’s report, noting changes taking place in that coun-
try, was approved by the Governing Body and transmitted to ECOSOC.
412
In addition, a system of ‘direct contacts’ has been instituted, consisting
of personal visits by ILO officials, or independent persons named by the
Director-General, in order to assist in overcoming particular difficulties.
These have included, for example, questions regarding freedom of associ-
ation in Argentina in 1990 and the situation of Haitian workers on sugar
plantations in the Dominican Republic in 1991.
413
The United Nations Educational, Scientific and
Cultural Organisation
414
UNESCO came into being in November 1946 and was brought into rela-
tionship with the UN on 14 December that year.
415
The aim of the organi-
sation, proclaimed in article 1 of its constitution, is to contribute to peace
and security by promoting collaboration through education, science and
culture ‘in order to further universal respect for justice, for the rule of
law and for the human rights and fundamental freedoms which are af-
firmed for the peoples of the world’. The organisation consists of a General
411
See Valticos, ‘International Labour Organisation’, pp. 384 ff. See also Official Bulletin of
the ILO, 1966 (Japan), and N. Valticos, ‘Un Double Type d’Enquˆete de l’OIT au Chili’,
AFDI, 1975, p. 483.
412
E/CN.4/Sub.2/1994/5, p. 4.
413
See N. Valticos, ‘Une Nouvelle Forme d’Action Internationale: Les “Contacts Directs”’,
27 AFDI, 1981, p. 481, and V. Leary, ‘Lessons from the Experience of the International
Labour Organisation’ in Alston,
United Nations and Human Rights
, p. 611.
414
See e.g. S. Marks, ‘The Complaints Procedure of the United Nations Educational, Scien-
tific and Cultural Organisation’ in Hannum,
Guide to International Human Rights Practice
,
p. 107; D. Weissbrodt and R. Farley, ‘The UNESCO Human Rights Procedure: An Evalu-
ation’, 16 HRQ, 1994, p. 391; P. Alston, ‘UNESCO’s Procedures for Dealing with Human
Rights Violations’, 20
Santa Clara Law Review
, 1980, p. 665; H. S. Saba, ‘UNESCO and
Human Rights’ in Vasak and Alston,
International Dimensions of Human Rights
, vol. II,
p. 401; Robertson and Merrills,
Human Rights
, p. 288, and
UN Action
, pp. 308 and 321.
415
See General Assembly resolution 50 (I).
342
i n t e r nat i o na l l aw
Conference which meets every two years and in which all member states
are represented, an Executive Board, elected by the conference, and a sec-
retariat headed by a Director-General. Under article 4(4), member states
undertake to submit Conventions and Resolutions to the competent na-
tional authorities within a year of adoption and may be required to submit
reports on action taken.
416
Unlike the ILO, UNESCO has no constitution
provision for reviewing complaints concerning the implementation of
conventions procedure. However, in 1962 a Protocol instituting a Concil-
iation and Good Offices Commission was adopted to help resolve disputes
arising between states parties to the 1960 Convention against Discrimi-
nation in Education. It entered into force in 1968 and the first meeting of
the eleven-member Commission was in 1971. It aims to make available
its good offices in order to reach a friendly settlement between the states
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