Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 1 of the Convention. Protection from discrimination. Grounds of discrimination. Aspects of employment. Legislation. The Committee recalls that the 2010 amendment to the Employment Act of 1982 (restricting the grounds on which employers may terminate a contract of employment): (i) removed the grounds of “national extraction” and “political opinion” from the list of prohibited grounds of discrimination (section 23(d)); (ii) inserted three new prohibited grounds (sexual orientation, health status and disability); and (iii) inserted a general prohibition of discrimination (new section 23(e)) that prohibits termination on grounds of “any other reason which does not affect the employee’s ability to perform that employee’s duties under the contract of employment”. The Committee recalls its request to the Government to take the necessary steps to amend section 23(d) of the Employment Act of 1982 in order to explicitly prohibit discrimination based on all the grounds set out in Article 1(1)(a) including “national extraction” and “political opinion”, and in all aspects of employment; and to provide information on the application in practice of section 23(e) of the Employment Act. The Committee notes the Government’s indication, in its report, that the process of amending the Employment Act has started with the intent to include such provisions. It notes however that no information is given regarding the application in practice of section 23(e) of the Employment Act. The Committee requests the Government to provide updated information on the steps taken to amend the Employment Act of 1982, including measures taken to ensure that section 23(d) of the Employment Act expressly prohibits discrimination based on “political opinion” and “national extraction” and covers all aspects of employment and occupation, including recruitment and terms and conditions of employment (and not only termination). The Committee repeats its request to the Government to provide information on the application in practice of section 23(e) of the Employment Act, including any interpretation by the administrative or judicial authorities.

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