Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 24 August 2010 as well as the Government’s reply. The Committee also notes the comments made by the Education International and the Botswana Teachers’ Union (BTU) in a communication dated 26 August 2010 concerning the Government’s interference in the internal organization of the BTU by imposing the retirement of its President from his teaching duties to prevent him from heading the teachers’ union. The Committee requests the Government to provide its observations thereon.

Articles 2 and 3 of the Convention. The Committee recalls that it had previously requested the Government to:

–      amend section 48B(1) of the Trade Union and Employers’ Organizations (TUEO) Act, which grants certain facilities (access to an employer’s premises for purposes of recruiting members, holding meetings or representing workers; the deduction of trade union dues from employees’ wages, recognition by employers of trade union representatives in respect of grievances, discipline, and termination of employment) only to unions representing at least one third of the employees in an enterprise;

–      amend section 10 of the TUEO Act, so as to afford industrial organizations the opportunity to rectify the absence of some of the formal registration requirements provided for in that section, and to repeal sections 11 and 15, which result in the automatic dissolution and banning of activities of non-registered organizations;

–      amend section 43 of the TUEO Act, which provides for inspection of accounts, books and documents of a trade union by the registrar at “any reasonable time” and indicate the practical application of sections 49 and 50 of the TUEO Act which provide for the inspection by the minister of the financial affairs of a trade union “whenever he considers it necessary in the public interest”, including the frequency with which these sections are invoked to inspect trade unions finances;

–      amend sections 9(1)(b), 13 and 14 of the Trade Disputes Act, which empower the commissioner and the minister to refer a dispute in essential services to arbitration, or to the industrial court for determination; and to amend the list of essential services specified in the Schedule of the Trade Disputes Act, which includes, among others, the Bank of Botswana, railway services, and the transport and telecommunications services necessary to the operation of all of these services.

In this regard, the Committee notes that the Government indicates in its report that consultations with the social partners on amendments of all labour legislations are still ongoing. The Committee hopes that due account will be taken of its comments in the process of amending the relevant labour legislations. The Committee requests the Government to provide information, in its next report, on any progress made in this regard. The Committee encourages the Government to avail itself of the technical assistance of the Office if it so wishes.

Employees in the prison service. In its previous comments, the Committee had requested the Government to amend section 2(1)(iv) of the TUEO (Amendments) Act, 2003 and section 2(11)(iv) of the Trade Disputes Act, both of which specifically exclude employees of the prison service from their scope of application, as well as section 35 of the Prisons Act, which prohibits prison officers from becoming members of a trade union or any body affiliated to a trade union. The Committee notes that the Government indicates in its report that it has no intention to grant the employees of the prison service the right to unionize since their staff association, as provided for in the Prison Act, supposedly caters adequately for the negotiations on their welfare, and terms and conditions of employment. However, the Committee notes that according to section 35(3) of the Prison Act, a prison officer may only become a member of an association established by the minister and regulated in the manner prescribed and that there is no other provision concerning the right to unionize under the Prison Act. In these circumstances, the Committee once again requests the Government to amend the abovementioned sections of the TUEO, the Trade Disputes Act and the Prison Act in order to grant to prison staff the right to establish and join organizations of their own choosing.