4. First Session of the Commission I. Solemn declaration made by the members of the Commission 27. The First Session of the Commission was held on 18, 19 and 20 February 2009 in Geneva, during which the Commission decided on the procedure it was to follow for the rest of its work. 28. At the beginning of this session, each member of the Commission made a solemn declaration in the presence of Mr Juan Somavia, Director-General of the International Labour Office. Inviting the members of the Commission to make the declaration, the Director-General recalled the circumstances in which the Commission had been established and noted that it was the first time a Commission had arisen from simultaneous complaints from workers and employers. The Director-General hoped that the Commission would help the new Government of Zimbabwe in its rebuilding of the country, ensuring restored respect for the fundamental ILO principles that underpin a sound democracy. He stressed that the task entrusted to the Commissioners was to “establish the facts without fear or favour and in full independence and impartiality”. 29. The members of the Commission then each made the following declaration: I solemnly declare that I will honourably, faithfully, impartially and conscientiously perform my duties and exercise my powers as a member of the Commission of Inquiry set up by the Governing Body of the International Labour Office at its 303rd Session, November 2008, in pursuance of article 26 of the Constitution of the International Labour Organization, to examine the observance by Zimbabwe of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). II. Adoption of the procedure to be followed by the Commission 30. The ILO Constitution does not lay down rules of procedure to be followed by a Commission of Inquiry appointed under article 26. In determining its procedure, the Commission recalled certain elements which characterized the nature of its work. As earlier Commissions of Inquiry had stressed, the procedure provided for in articles 26–29 and 31–34 of the Constitution was of a judicial nature. Thus, the rules of procedure had to safeguard the right of the parties to a fair procedure as recognized in international law. 31. The Commission, while working in the judicial spirit that characterizes ILO Commissions of Inquiry, at the same time considered it desirable that it contributed to the process of reconciliation and healing in Zimbabwe on the basis of international standards on labour relations and human rights. Bearing these considerations in mind, the Commission adopted the rules of procedure that it intended to follow. These rules were brought to the attention of the Government of Zimbabwe and the complainants, and are as follows: Rules of procedure: Commission of Inquiry on Zimbabwe A. General procedure 1. The Government of Zimbabwe and the complainants shall each designate a representative to act on their behalf in relation to the Commission. Each representative may designate a substitute or substitutes to act on their behalf. Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3 19