Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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 Trainers and Allied Workers Union in a communication dated 26 August 2013 alleging favouritism of certain trade unions by the Government, and the comments made by the International Trade Union Confederation in a communication dated 30 August 2013 referring to the matters raised by the Committee as well as to the allegations concerning acts of intimidation against public workers participating in demonstrations. The Committee requests the Government to provide its observations thereon. The Committee further notes the Government’s reply to the comments previously made by Education International.

Article 2 of the Convention. Right to organize of prison staff. The Committee had previously requested the Government to amend section 2(1)(iv) of the Trade Unions and Employers Organisations (Amendment) Act, 2003 (TUEO Act), section 2(11)(iv) of the Trade Disputes Act, and section 35 of the Prison Act, which exclude employees of the prison service from their scope of application and prohibit prison officers from becoming members of a trade union or any body affiliated to a trade union. The Committee notes that the Government reiterates that employees in the prison services are deemed to be performing a security function, and that this matter is of national interest and thus further consultations need to be undertaken with the relevant government departments, social partners and other stakeholders. Recalling that the functions performed by prison staff should not justify their exclusion from the enjoyment of the right to organize on the basis of Article 9 of the Convention, the Committee once again requests the Government to take the necessary measures to amend the abovementioned sections of the TUEO Act, the Trade Disputes Act and the Prison Act. It further requests the Government to provide information on the developments in this regard.

Article 3. Right of workers’ organizations to organize their activities and formulate their programmes. The Committee had previously requested the Government to amend section 48B(1) of the TUEO Act, which grants certain facilities only to unions representing at least one third of the employees in an enterprise. The Government indicates in its report that it had noted the Committee’s comments and that they will be brought to the attention of the Labour Advisory Board. The Committee requests the Government to provide information in its next report on any progress made in this regard, including on any discussions within the Labour Advisory Board.

The Committee had requested the Government to amend the Trade Disputes (Amendment of Schedule) Order 2011, contained in Statutory Instrument No. 57, declaring veterinary services, teaching services and diamond sorting, cutting and selling services, and all support services in connection therewith to be essential. The Committee recalls that it had considered that these services were not essential in the strict sense of the term. The Committee notes with interest the decision of the High Court of Botswana which found that Statutory No. 57 of 2011 was unconstitutional and therefore “invalid and is of no force and effect”.

The Committee had previously requested the Government to take the necessary measures to 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”. The Committee notes the Government’s indication that it had noted this comment. The Committee expresses the hope that the Government will take the necessary measures to amend section 43 of the TUEO Act without further delay and requests the Government to provide information on the developments in this regard.

The Committee raises other matters in a request addressed directly to the Government.