Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 26 August 2009. The Committee requests the Government to provide its observations thereon.

Scope of the Convention. The Committee had previously requested the Government to amend section 2 of the Trade Disputes Act, section 2 of the Trade Union and Employers’ Organizations (Amendment) Act, and section 35 of the Prison Act so as to ensure that prison staff are afforded all the guarantees provided under the Convention. The Committee notes the Government’s indication that consultations with the social partners with regard to the said legislative amendments have not been concluded. Recalling that consultations with the social partners with regard to legislative amendments had commenced two years ago, the Committee expresses the hope that the Government will be in a position, in the near future, to report progress on these legislative amendments to ensure to prison staff the rights enshrined in the Convention. It requests the Government to provide information on developments in this regard.

Article 1 of the Convention. The Committee further notes the Government’s statement that consultation is still ongoing concerning the ITUC’s previous observation according to which if a trade union is not registered, union committee members are not protected against anti-union discrimination. In this regard the Committee, recalling that the Government is responsible for preventing all acts of anti-union discrimination in order to give effect to Article 1 of the Convention, requests the Government to take the necessary measures to ensure that all union committee members, including those of unregistered trade unions, enjoy protection against anti-union discrimination.

Articles 2 and 4. The Committee once again requests the Government to provide information on the progress made with respect to the legislative changes requested in its previous comment, which it repeats as follows:

–      the adoption of specific legislative provisions ensuring adequate protection against acts of interference by employers or employers’ organizations in the establishment, functioning or administration of trade unions, coupled with effective and sufficiently dissuasive sanctions;

–      the repeal of section 35(1)(b) of the Trade Disputes Act, which permits an employer or employers’ organization to apply to the Commissioner to withdraw the recognition granted to a trade union on the grounds that the trade union refuses to negotiate in good faith with the employer;

–      the amendment of section 20(3) of the Trade Disputes Act, so as to ensure that compulsory arbitration of disputes of interest is permissible only in the following instances: (1) where the party requesting arbitration is a trade union seeking a first collective agreement; (2) disputes concerning public servants directly engaged in the administration of the State; and (3) disputes arising in essential services.