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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Botswana (Ratification: 1997)

Sexual harassment. The Committee notes that the Public Service Act, 2008 (Act No. 30 of 2008) includes provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment, and providing that it constitutes misconduct (section 38). The Committee notes the Government’s indication that the Committee’s recommendation regarding the inclusion of similar provisions in the Employment Act will be considered in future amendments of the Act. The Committee also notes that the Code of Good Practice: Sexual Harassment in the Workplace was approved on 23 August 2002, with the objective of eliminating sexual harassment in the workplace, and that the Code promotes the development and implementation of policies and procedures leading to a workplace that is free of sexual harassment. It notes the broad definition provided in the Code of Good Practice of Sexual Harassment. The Committee notes further that the Code of Good Practice: Employment Discrimination also provides that “Harassment of an employee, whether of a sexual nature or otherwise, constitutes a form of discrimination”. In the absence of legislative provisions prohibiting sexual harassment in employment and occupation in the private sector, contrary to the public service, the Committee asks the Government to take steps with a view to including provisions on sexual harassment in the Employment Act in the near future. The Committee once again requests the Government to provide information on the number of cases that have been brought under section 38 of the Public Service Act, 2008, as well as information on any cases of sexual harassment in the private sector dealt with by the competent authorities. The Government is also asked to provide information on any steps taken to raise awareness among workers, employers and their organizations of the Code of Good Practice: Sexual Harassment in the Workplace and to indicate if procedures to lodge grievances regarding sexual harassment have been established by employers as provided in the Code.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes that, despite the efforts made by the Government in achieving parity in primary education and designing re-entry policies for returning to school after childbirth, the Committee of the United Nations on the Elimination of Discrimination against Women (CEDAW) expressed concern in its concluding observations, regarding the low enrolment of girls in secondary and higher education and the girl’s high drop-out rates, due to, inter alia, traditional attitudes, early pregnancies and early marriages (CEDAW/C/BOT/CO/3, 5 February 2010, paragraphs 31–32). The Committee notes from the statistics provided by the Government (2005/6 Labour Force Survey – February 2008) that 47.7 per cent of the persons employed were women and that women workers were concentrated in hotels and restaurants (74.3 per cent) and private households (71.4 per cent). In education, finance, wholesale and retail trade, and health, the proportion of women employed was above 60 per cent. It also notes from this information that, not only sectors of the economy, but also occupations are segregated by sex. The Committee also notes the detailed statistics provided by the Government on the informal economy (2007 Informal Sector Survey Report – May 2009) which show that 60.7 per cent of persons working in the informal economy were women and that female ownership dominated in almost all the industries. The Committee notes the Government’s indication that customary practices that are detrimental to women’s equality of opportunities are addressed if found, and that currently, there are no such practices. The Committee welcomes the judgment of 12 October 2012 in which the High Court ruled that customary laws that prevent women from inheriting their family home are not in line with the Constitution of Botswana which guarantees gender equality. The Committee notes however the concern expressed by CEDAW regarding the limitations faced by women in practice to exercise their right to access to justice and bring a case of discrimination before a court, such as legal costs, the persistence of traditional justice systems, illiteracy, lack of information about their rights and other practical difficulties (CEDAW, ibid., paragraphs 17–18). The Committee requests the Government to take specific measures to promote and ensure equality of opportunity of men and women in employment and occupation, including measures to promote access to education and a wide range of training opportunities and occupations as well as access to land and credit. Please provide a copy of the judgment of 12 October 2012 of the High Court. The Committee also asks the Government to provide information on the following points:

• (i) steps taken to address gender stereotypes regarding the role of men and women in the society as well as women’s professional aspirations, preferences and capabilities;
• (ii) measures taken or envisaged to eliminate customary practices that are detrimental to women’s equality of opportunity and treatment in employment and occupation, such as practices concerning unmarried women;
• (iii) measures taken to ensure an adequate access of men and women to procedures addressing discrimination and remedies; and
• (iv) statistical information available on the participation of men and women in the labour market, in particular information showing the proportion of women and men in high level posts in both the public and private sectors.

The situation of indigenous peoples. The Committee notes that the Government’s report contains no information in reply to its previous comments on the situation of indigenous peoples in Botswana. The Committee notes that in his most recent report which focuses on minority indigenous groups in the country, such as the Basarwa and the Bakgalagadi, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, while acknowledging the initiatives undertaken by the Government to address the conditions of disadvantaged indigenous peoples, indicates that marginalized indigenous peoples continue to confront serious issues arising out of the historical loss of vast amounts of lands and natural resources (A/HRC/15/37/Add.2, 2 June 2010). Therefore, the Committee requests the Government to provide information on the measures taken to ensure equality of opportunity and treatment of minority indigenous groups in employment and occupation, including their right to engage without discrimination in their traditional occupations and livelihoods and their access to education. Please provide specific information on the implementation of the remote area development programme with respect to education, training and employment opportunities of indigenous peoples, and the results thereof.

Special measures. The Committee recalls its previous comments regarding section 15(4)(e) of the Constitution which allows differential treatment by law where this is “reasonably justifiable in a democratic society” and asks the Government to indicate how this provision has been and is being applied in practice.

Enforcement. The Committee requests the Government to provide information on the number and nature of cases of discrimination dealt with by the competent authorities, and their outcome.