Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. The Committee notes the Government’s report, which includes detailed observations from the Czech-Moravian Confederation of Trade Unions (CMKOS). The Committee further notes the information provided by the Government with regard to the consultations required on matters set out in Article 5, paragraph 1(c) and (e), of the Convention.

2. Questions arising out of article 22 reports. The CMKOS indicates that, while draft reports have been received before being sent to the Office, the views and observations of the CMKOS have not been reflected in the final versions. As the final versions of the reports sent to the Office have not been made available to the CMKOS, it does not know whether and to what extent its observations have been reflected in the final reports received by the Committee of Experts. In its reply, the Government indicates that the system for elaboration of article 22 reports was reviewed in 2003. Drafts reports are communicated to the social partners for comments before they are sent to the Office. It is the Government’s intention to ensure that the final texts of the reports are supplied to the social partners. The Committee further notes the special meeting held when preparing the report on Convention No. 98. The Committee recalls that the reports to be submitted under article 22 of the ILO Constitution are generally prepared in collaboration with the social partners, except in certain cases where the Government simply communicates to them a copy of the report sent to the Office. In this regard, it also recalls that the obligation of consultation laid down in Article 5, paragraph 1(d), goes beyond the obligation of communication of reports under article 23, paragraph 2, of the ILO Constitution as it consists, in this case, in holding consultations on matters that may arise from those reports. Reports that the employers’ and workers’ organizations may transmit to the Office cannot replace the consultations, which have to be held during the preparation of the reports (paragraph 92 of the 2000 General Survey on tripartite consultation). The Committee invites the Government and the social partners to deepen tripartite consultations on this matter and to include in the next report information on any new development in this regard (Article 5, paragraph 1(d)).