Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Botswana (Ratification: 1997)

The Committee notes the Government’s report. The Committee notes the adoption of the Trade Unions and Employers’ Organizations (Amendment) Act, 2003. It further notes the adoption of the Trade Disputes (Amendment) Act, 2004, and requests the Government to provide a copy thereof.

Article 2 of the Convention. In its previous comments, the Committee requested the Government to amend its legislation so that all public servants other than those engaged in the administration of the State can enjoy the right to bargain collectively. The Committee notes with satisfaction the Government’s indication that the Trade Disputes Act and the Trade Unions and Employers’ Organizations Act have been amended to include public officers in the definition of employee in both Acts. With the amendment, public officers other than the armed forces, the police and the prison services can now establish and join trade unions and bargain collectively. The Committee recalls that the guarantees provided by the Convention apply to prison staff and requests the Government to amend its legislation in this respect and to keep it informed of measures taken or envisaged in this respect.

A request on certain other points is being addressed directly to the Government.