IV. Summary of measures taken by the Governing Body of the ILO following the filing of the complaints 6. At its 303rd Session (November 2008), the Governing Body of the ILO had before it a report by its Officers concerning the subject of the complaints. The report included the following passages: 1 It is now for the Governing Body to adopt the necessary decisions as to procedure regarding the complaints submitted under article 26 of the Constitution. It will be recalled, in this connection, that the Committee on Freedom of Association has been examining a number of complaints submitted by workers’ organizations alleging violation of trade union rights in Zimbabwe. It will also be remembered that the Committee of Experts on the Application of Conventions and Recommendations has made observations to the Government of Zimbabwe regarding the observance of the Conventions referred to in the complaint submitted under article 26 of the Constitution and that in 2002, 2003, 2004 and 2005 the Committee on the Application of Standards of the Conference discussed some matters relating to the observance, in practice and under law, of Convention No. 98, as well as in 2006, 2007 and 2008 of Convention No. 87. In the present case, the complaints filed by a number of delegates to the Conference, under article 26 of the Constitution, largely concern matters which are already before the Committee on Freedom of Association in the context of the special freedom of association procedure. The Committee has not yet proceeded with the examination of Case No. 2645, which contains a number of the allegations that were also put forward in the article 26 complaints, as it still awaits the Government’s reply. In accordance with established practice, when a Commission of Inquiry is appointed, the relevant matters before the various ILO supervisory bodies are referred to this Commission. V. Appointment of the Commission 7. The Governing Body decided to refer the whole matter to a Commission of Inquiry, in accordance with article 26, paragraph 4, of the Constitution of the ILO. During the same session, the Governing Body decided that the Commission of Inquiry would have the following composition: 2 Chairperson: Judge Raymond Ranjeva (Madagascar) – Former Vice-President of the International Court of Justice; Conciliator at the World Bank International Centre for Settlement of Investment Disputes. 1 ILO, Report of the Officers of the Governing Body, Complaints concerning the non-observance by Zimbabwe of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), made by delegates to the 97th Session (2008) of the International Labour Conference under article 26 of the ILO Constitution, 303rd Session (Geneva, November 2008), paras 1 and 2. 2 ILO, Report of the Director-General, Eighth Supplementary Report: Observance by Zimbabwe of the Freedom of Association and Protection of the right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98): Appointment by the Governing Body of a Commission of Inquiry in accordance with article 26(4) of the Constitution of the ILO, 303rd Session (Geneva, November 2008), para. 2. Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3 9

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