2.
The representatives shall remain at the disposal of the Commission during the entire
period of its mandate.
3.
The proceedings of the Commission, including all information that comes to its notice,
shall be confidential except insofar as the Commission publishes its conclusions.
4.
The Commission shall produce a report, in accordance with article 28 of the Constitution
of the ILO, embodying its findings on all questions of fact relevant to determining the
issue between the parties and containing 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.
5.
The purpose of the Commission is to examine the information it considers necessary to
ascertain the matters submitted to it for investigation by the Governing Body of the
International Labour Office, and to express its view thereon. It shall therefore only
accept information and statements of relevance to the complaints concerning
Conventions Nos 87 and 98. Any questions of admissibility shall be determined by the
Commission.
6.
The members of the Commission, its secretariat and any person or organization
appearing before it, or in contact with it, shall be accorded the privileges and immunities
pursuant to the Convention on the Privileges and Immunities of the Specialised
Agencies, 1947 and its Annex relating to the ILO.
7.
During any meetings that the Commission may hold, it will decide who may be present.
During the Commission’s on-the-spot mission to Zimbabwe, or any other mission that
the Commission undertakes, it shall determine its schedule and meet freely with all the
parties involved, to ensure that it may be fully and objectively informed on all aspects of
the case.
B.
20
Procedure for hearings
8.
The Commission shall determine its own procedure with full regard to due process.
9.
The representatives designated by the Government of Zimbabwe and the complainants
shall be expected to be present throughout the hearing of witnesses, and shall be
responsible for the general presentation of their cases.
10.
The Commission shall hear the representatives of the parties and all witnesses in private
sittings and the information and evidence presented to the Commission therein is to be
treated as fully confidential by all persons and organizations whom the Commission
permits to be present.
11.
The Commission reserves the right to consult the representatives in the course of, or
upon the completion of, the hearings in respect of any matter on which it considers their
special cooperation to be necessary.
12.
Each representative may, if s/he so chooses, designate witnesses to present evidence to
the Commission at its formal hearing.
13.
The Commission or any member of the Commission may question the representatives of
the parties or the witnesses at any stage in the hearing.
14.
The Commission shall require each witness to make a solemn declaration identical to
that provided for in the Rules of the Court of the International Court of Justice. This
declaration reads: “I solemnly declare upon my honour and conscience that I will speak
the truth, the whole truth and nothing but the truth”.
15.
All statements by witnesses and questioning of witnesses shall be subject to control by
the Commission.
16.
Except with the leave of the Commission, witnesses may not be present except when
giving evidence.
17.
Any witness shall be given an opportunity to make a statement before questions are put
to him or her. If a witness reads his or her statement, the Commission shall receive a
copy.
18.
With the leave of the Commission, the representatives may be permitted to put questions
to the witnesses, in an order to be determined by the Commission.
Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3
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