Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the comments of the International Trade Union Confederation (ITUC) of 31 July 2012 concerning the application of the Convention, and particularly mass dismissal of trade unionists from the public sector and interference by employers and the authorities in trade union activities.

Article 1 of the Convention. Application of the Convention to prison staff. In its previous comments, the Committee noted that the Public Service Act, the Trade Union and Employers’ Organizations Act (TUEO), as amended in 2003, and the Trade Disputes Act did not apply to the Botswana prison service. It also noted the Government’s statement that national laws define the prison service as a security service. The Committee notes the Government’s indication in its report that: (1) the Trade Disputes Act is under review with the technical assistance of the Office; (2) consultations on this subject are also being held; and (3) the Committee’s requests have been noted and will be taken into consideration. Furthermore, the Committee notes that, in its report on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Government indicates that this issue is of national interest and that wider consultation is necessary with the ministries concerned, the social partners and other stakeholders. The Committee recalls that under Article 1 of the Convention, only the police, the armed forces and 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 application of the Convention. The Committee hopes that the Public Service Act, the TUEO and the Trade Disputes Act will be amended in the near future to ensure that the prison service enjoys the rights enshrined in the Convention, and urges the Government to provide information on any developments in this regard.

Article 5. Protection against acts of interference. In its previous requests, the Committee indicated that the current legislation does not ensure adequate protection to public employees’ organizations against acts of interference by public authorities in their establishment, functioning or administration. The Committee also noted the Government’s indication that the Public Service Act was being reviewed and that the Committee’s comments would be taken into account. The Committee notes that, in its report, the Government repeats its previous statements, adding that the Cabinet authorized the amendment of the Act by Presidential Decree of 7 June 2012. The Committee hopes that the Government will soon be in a position to report progress in the revision of the Public Service Act and recalls that the Government may, if it so wishes, avail itself of ILO technical assistance in this regard. The Committee urges the Government to provide information on any developments in this regard.