Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Relations (Public Service) Convention, 1978 (No. 151) - Botswana (Ratification: 1997)

Article 1 of the Convention. In its previous observation, the Committee had noted that the Botswana prison service is excluded from the scope of the Public Service Act, the Trade Union and Employers’ Organizations (Amendment) Act 2003 (TUEO) and the Trade Disputes Act. The Committee also noted the Government’s statement that the Botswana prison service has been determined by national laws and regulations to be providing a security service. The Committee notes that the Government indicates in its report that prison services, in accordance with article 19 of the Constitution, are part of the disciplined forces and that these forces are not permitted to unionise and reiterates that the prison services are not only part of the justice system but they have also security responsibilities. In this respect, the Committee once again recalls that under Article 1 of the Convention, only the police, the armed forces, high-level employees, whose functions are normally considered as policy-making or managerial, and employees whose duties are of a highly confidential nature, may be excluded from the scope of the Convention. Accordingly, the Committee once again requests the Government to amend section 2 of the TUEO Act, section 2 of the Trade Disputes Act and section 35 of the Prisons Act, so as to guarantee for the prison service the rights enshrined in the Convention.

Article 5. In its previous comments, the Committee had noted that the current legislation does not provide adequate protection to public employees’ organizations from acts of interference by the public authorities in their establishment, functioning or administration. The Committee had noted that, according to the Government, the Public Service Act was being reviewed and that consideration would be given to the Committee’s comments. Therefore, the Committee had requested the Government to ensure that draft legislation contains precise provisions providing adequate protection to public employees’ organizations from acts of interference by the public authorities in their establishment, functioning or administration. Noting the Government’s indication that consultation on the matter is still ongoing, the Committee once again hopes that the Government will make every effort to take the necessary action in the near future and invites the Government to avail itself of the technical assistance of the Office in this regard, if it so wishes.