Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Application of the Convention in practice. Regretting the absence of any comment from the Government in this respect, the Committee is obliged to reiterate its request to the Government to reply to the observations of the International Trade Union Confederation (ITUC) 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. The Committee notes the Government’s indication that: (i) it has noted the concern expressed by the Committee; and (ii) while prison officers, governed by the Prisons Service Act, still remain part of the disciplined forces, support personnel at the Department of Prison and Rehabilitation are covered by labour laws and thus enjoy the right to associate. Recalling that the exception contained in Article 1(3) of the Convention only applies to the armed forces and the police, the Committee reiterates its hopes that the Government will take steps in the near future to amend the relevant legislation to ensure that prison officers enjoy 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 had invited the Government to ensure that the revision of the Public Service Act would include the incorporation of a provision providing 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 that the Public Service Act is still under review and that the Committee’s comments will be examined. 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.