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

Equal Remuneration Convention, 1951 (No. 100) - Botswana (Ratification: 1997)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Legislative developments. The Committee recalls that the principle of equal remuneration for work of equal value is not reflected in the legislation of Botswana, but that amendments to the Employment Act have been under consideration for a number of years with a view to incorporating the provisions of the Convention. The Government repeats in its report that the consultations on these amendments are ongoing. The Committee draws the Government’s attention to its 2006 general observation on this Convention, stressing the importance of giving full legislative expression to the principle of equal remuneration for men and women for work of equal value. The concept of “equal value” is “the cornerstone of the Convention and lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value”. It is important to ensure that the legislation goes beyond equal remuneration for “equal”, “the same” or “similar” work, and that it also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. The Committee urges the Government to ensure that, in the process of amending the Employment Act, full legislative expression is given to the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on the status of the revision process. The Committee also requests the Government to provide a copy of the Employment (Amendment) Act, 2003.

Minimum wages. The Committee notes that the Minimum Wage Advisory Board in making recommendations to the Minister is to take into account a number of factors, including the desirability of the elimination of discrimination between men and women with respect to wages for equal work. The Committee recalls the importance of minimum wage fixing in the application of the principle of the Convention, and notes that the concept of equal wages for “equal work” is narrower than that of equal remuneration for work of equal value. The Committee asks the Government to take measures to ensure that the principle of the Convention is fully reflected in the minimum wage-setting process, and to inform the Committee of any steps taken in this regard.

Objective job evaluation. The Committee notes that the Government refers to a manual setting out the methodology used in job evaluation in the public sector, and states that it addresses the principle of equal remuneration for work of equal value. Noting that the manual to which the Government refers was not included with its report, the Committee asks the Government to forward a copy of the manual setting out the job evaluation methodology, and to provide information regarding any measures taken to promote objective job evaluation in the private sector.

Measures to promote equal remuneration. Noting that the Government’s brief report does not provide information regarding measures taken to promote equal remuneration, the Committee asks the Government to provide information on the policies in place to promote equal remuneration in the private sector, and to reduce the gender pay gap. The Committee also asks the Government to continue providing statistical information on the remuneration received by men and women in the public and private sectors, by industry and occupation.