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

Equal Remuneration Convention, 1951 (No. 100) - Botswana (Ratification: 1997)

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that the principle of equal remuneration for work of equal value is not reflected in the national legislation, but that since 2002 the Government has been indicating that amendments to the Employment Act of 1982 were under consideration with a view to incorporating the provisions of the Convention. The Committee had therefore asked the Government to ensure that full legislative expression be given to the principle of equal remuneration for men and women for work of equal value in the Employment Act of 1982. It had noted that the most recent amendment to this Act in 2010 still did not incorporate this principle. The Committee notes that the Government once again indicates in its report that the process of amending the Employment Act of 1982 has started, and that this process will incorporate provisions on the principle of equal remuneration for men and women for work of equal value. In light of the above and with a view to ensuring that men and women have a legal basis for asserting their right to equal remuneration with their employers and before competent authorities, the Committee urges the Government to take, without further delay, the necessary measures to ensure that substantial progress will be made in the revision of the Employment Act of 1982, and that the Act, once revised, will give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on the status of the revision process, including on any specific action taken to amend the law in accordance with the Convention.

Article 2. Minimum wages. The Committee recalls that the Minimum Wage Advisory Board is competent to submit recommendations to the Minister to fix or adjust wages in all sectors of activity under section 132 of the Employment Act of 1982, and that it has requested the Government to ensure that the principle of equal remuneration for men and women for work of equal value is taken into account by the Minimum Wage Advisory Board and is fully reflected in the minimum wage setting process. The Committee notes that the Government once again merely indicates that the process of amending the Employment Act of 1982 has started. Recalling that special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, the Committee trusts that the Government will take the necessary measures to ensure that the principle of equal remuneration for men and women for work of equal value is taken into account by the Minimum Wage Advisory Board and fully reflected in the minimum wage setting process, and asks the Government to provide full information on any steps taken in this regard.

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

[The Government is asked to reply in full to the present comments in 2017.]