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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Botswana (Ratification: 1997)

The Committee notes Government’s report. The Committee notes the adoption of the Trade Unions and Employers’ Organizations (Amendment) Act, 2003 (TUEO Act) and in particular notes with satisfaction that the Act ensures the right to organize for the public services and teachers by extending its coverage to these categories of workers.

The Committee further notes with satisfaction that the following sections of the TUEO Act were either repealed or amended in accordance with the Committee’s previous comments:

-  section 10(4)(a), which provided for the Registrar’s power to refuse registration of a trade union or employers’ organization if he or she considers that another registered trade union or employers’ organization sufficiently represents the interests of workers or employers concerned, was repealed;

-  section 10(2)(b), according to which the Registrar could refuse to register a trade union or an employers’ organization if its constitution did not comply with the Schedule, was repealed;

-  section 10(2)(c) was amended so that the Registrar may now only refuse to register a trade union or an employers’ organization if its principal objects or any other provision of its constitution are unlawful;

-  section 10(2)(g), according to which registration of an organization could be refused if any of its officers was a person who has, within five years from the date of the application for the registration, been convicted of "an offence under the Act", was repealed;

-  section 10(3), which granted the Registrar the power to refuse to register a trade union or a federation of trade unions if one of its officers was not a citizen of Botswana, was repealed;

-  section 12(3), which provided that the registration of a trade union or a federation of trade unions could be cancelled if any of its officers was not a citizen of Botswana was repealed;

-  provisions previously contained in sections 28 and 29 of the Act, which regulated in a fair amount of detail the internal functioning of trade unions particularly as concerns their meetings and provided the Registrar and the Minister with the right to request and to convene general meetings, as well as making a default in holding a meeting a punishable offence, were amended;

-  section 64 (section 63 following the new numbering) of the Act providing for the restriction concerning receipt of funds originating from outside Botswana, was repealed; and

-  sections 47 and 63 (sections 45 and 62 following the new numbering) of the Act, which provided that trade unions should ask for the prior consent of the Minister in order to form a federation or to be affiliated to any body outside Botswana were respectively amended and repealed.

The Committee is also addressing a request directly to the Government.