Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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Article 1 of the Convention. Protection from discrimination. Grounds of discrimination. Aspects of employment covered. Legislative framework. 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): (1) removed the grounds of “national extraction” and “political opinion” from the list of prohibited grounds of termination of employment (section 23(d)); (2) inserted three new prohibited grounds (sexual orientation, health status and disability); and (3) inserted a provision prohibiting termination of the employment contract on the ground of “any other reason which does not affect the employee’s ability to perform that employee’s duties under the contract of employment” (new section 23(e)). It also recalls the “Code of Good Practice: Employment Discrimination” published in 2008, the purpose of which is to eliminate discrimination at the workplace and promote equality of opportunity and treatment in employment. The Committee notes the Government’s indication, in its report, that there was no change in the labour legislation. The Committee asks the Government to take the necessary measures to review the Employment Act of 1982 as amended to ensure that: (i) section 23(d) prohibits explicitly discrimination based on “political opinion” and “national extraction”; and (ii) the protection against discrimination is extended to all aspects of employment and occupation, including recruitment and terms and conditions of employment. The Committee asks the Government to provide updated information on: (i) the steps taken to review the Employment Act in this regard; (ii) the extent to which the “Code of Good Practice: Employment Discrimination” is applied, in particular regarding workplace policies formulated by employers; and (iii) the application of section 23(e) of the Employment Act by the administrative or judicial authorities, indicating the grounds invoked and the sanctions applied.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee has consistently stated that sexual harassment is a serious manifestation of sex discrimination and is to be addressed within the context of the Convention. In this regard, it recalls the absence of legislative provisions prohibiting sexual harassment in employment and occupation in the private sector, while including such provision in respect of the public service (section 38 of the Public Service Act, 2008). It further recalls the “Code of Good Practice: Sexual Harassment at the Workplace”, which was also published in 2008 and provides guidance to employers as well as the National Strategy to End Gender-Based Violence in Botswana for the period 2014–2020. Referring to paragraphs 789 to 794 of its 2012 General Survey on the fundamental Conventions, the Committee asks the Government to: (i) consider including in the labour legislation a clear definition and prohibition of sexual harassment (both quid pro quo and hostile work environment sexual harassment) in employment and occupation as well as preventive measures and remedies; and (ii) provide specific information on any practical measures taken or envisaged to prevent and address sexual harassment against both men and women workers, such as awareness-raising campaigns or research, in the framework of the National Strategy to End Gender-Based Violence or otherwise. Recalling that the Code of Good Practice provides that employers should establish procedures to lodge sexual harassment grievances, the Committee asks the Government to indicate if such procedures have been put in place by employers since the adoption of the Code and, if so, to provide examples of such procedures.

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