3.
If the Governing Body does not think it necessary to communicate the complaint to the
government in question, or if, when it has made such communication, no statement in
reply has been received within a reasonable 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 consideration. Adequate notice of the date on which the matter will be
considered shall be given to the government in question.
Article 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.
Article 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 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.
Article 29
1.
The Director-General of the International Labour Office shall communicate the report of
the Commission of Inquiry to the Governing 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 Labour 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.
Article 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.
Article 32
The International Court of Justice may affirm, vary or reverse any of the findings or
recommendations of the Commission of Inquiry, if any.
Article 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 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
compliance therewith.
Article 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 Commission of Inquiry or
with those in the decision 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 International 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.
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