Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Application of the Convention in practice. The Committee requests the Government to provide its comments on the observations of the International Trade Union Confederation (ITUC) received on 1 September 2014 concerning cases of anti-union discrimination, refusal of union recognition and restrictions to collective bargaining in practice.

Article 1 of the Convention. Application of the Convention to prison staff. In its previous comments, the Committee recalled that the Convention applies to the Botswana prison service. Noting the Government’s indication in its report that there have been no developments regarding this issue, the Committee once again hopes that the Government will take steps in the near future to amend the Public Service Act, the Trade Union and Employers’ Organizations Act and the Trade Disputes Act 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 comments, the Committee indicated that 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 notes the Government’s indication in its report that the review of the Public Service Act has still not been completed, but that it will incorporate a provision similar to section 56 of the Trade Unions and Employers’ Organizations Act that makes it unlawful for employers to make trade union membership or involvement in trade union activities a condition of employment or to prohibit employees from joining a trade union or participating in its activities. The Committee recalls however that the issue at stake concerns the question of acts of interference by public authorities as described in a detailed manner in Article 2 of the Convention. The Committee invites the Government to ensure that the revision of the Public Service Act results in the Act including a provision in this regard 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 so as to ensure that legislation adequately protects public employees’ organizations against acts of interference by public authorities.

[The Government is asked to report in detail in 2015.]