Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Botswana (Ratification: 1997)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations from the Botswana Federation of Trade Unions (BFTU) received on 1 October 2020. The BFTU indicates that the Government submitted in 2019 a revised list of essential services to Parliament, without previously consulting the Labour Advisory Board (LAB) as provided by the law. The BFTU further indicates that the reports submitted to the ILO in 2019 and 2020 have not been consulted with the social partners. Finally, the BFTU alleges that the last tripartite meeting to discuss the measures to be taken to address the COVID-19 pandemic took place on 17 March 2020. Many measures have been taken since then without consultation. The Committee requests the Government to provide its comments in this regard.

Article 5(1) of the Convention. Effective tripartite consultations. In its 2018 observation, the Committee requested the Government to provide detailed updated information on the content and outcome of effective tripartite consultations held within the Labour Advisory Board (LAB) and the High Level Consultative Committee (Sub-HLCC) on all matters related to international labour standards covered under Article 5(1) of the Convention, particularly with regard to the possible ratification of the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Committee further requested information on the frequency of consultations, as well as on jurisprudence relevant to the application of the Convention. The Government reports that the LAB met in 2016 and 2017 to discuss the Trade Disputes Bill of 2015 and the appointment of mediators and arbitrators. The Government also refers to the Labour Sector Committee of the High Level Consultative Council (HLCC), a tripartite structure that discusses issues pertaining to labour and employment, indicating that the HLCC meets four times a year. The Government adds that Botswana’s labour laws are currently being reviewed by a tripartite Labour Law Review Committee with a view to aligning them with the provisions of ratified ILO Conventions, closing legislative gaps and transposing various judicial decisions into law. Noting that the Government has not provided the information requested relating to the implementation of Article 5(1) of the Convention, the Committee once again requests that the Government provide updated detailed information on the specific content and outcome of effective tripartite discussions held by the relevant bodies on all matters related to international labour standards as required under Article 5(1)(a) through (e) of the Convention, including with respect to the possible ratification of Conventions Nos 81 and 129. The Committee also invites the Government to continue to provide information on the activities of the tripartite bodies concerned, as well as on the results of the review of the tripartite Labour Law Review Committee insofar as they are relevant to the application of the provisions of the Convention.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 5 (1) of the Convention. Effective tripartite consultations. In response to the Committee’s previous comments, the Government indicates that consultations have been held with the Botswana Federation of Trade Unions (BFTU), the Botswana Federation of Public Service Employees Union (BOFEPUSU) and Business Botswana (BB) on matters to be discussed by the International Labour Conference (ILC). It adds that the Minister of Employment, Labour Productivity and Skills Development is responsible for submitting Conventions and Recommendations to the National Assembly for discussion regarding their possible ratification. The Government specifies that reports submitted under article 22 of the ILO Constitution are prepared in consultation with the social partners. The Committee notes the Government’s indication that, on 24 May 2018, the Government and the social partners discussed the agenda of the 107th Session of the ILC. The Government also indicates that an ILO expert conducted a gap analysis in relation to the possible ratification of the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), which were submitted to the competent authority for consideration. The Committee notes that the Government does not provide information on effective tripartite consultations held on the submission of instruments adopted by the Conference (Article 5(1)(b)) or the possible denunciation of ratified Conventions (Article 5(1)(e)). The Committee also welcomes the information provided in the Government’s report concerning the jurisprudence of the Court of Appeals in respect of the application of the Convention. In particular, it notes the Court’s ruling, which invalidated Statutory Instrument No. 57 of 2011 due to lack of prior consultation with the social partners. The Committee reiterates its request that the Government provide updated detailed information concerning the content and outcome of effective tripartite discussions held within the Labour Advisory Board and the High Level Consultative Committee (Sub-HLCC), indicating the frequency of such consultations, on all matters related to international labour standards within the scope of Article 5(1) of the Convention, particularly in relation to the possible ratification of Conventions Nos 81 and 129. In addition, the Committee requests the Government to continue to provide information on jurisprudence relevant to the application of the provisions of the Convention.

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

The Committee notes the observations of the Botswana Federation of Trade Unions (BFTU), communicated together with the Government’s report.

Article 5(1) of the Convention. Effective tripartite consultations. The Government provides in its report information on the activities of the Labour Advisory Board (LAB), indicating that it met in September 2015 and discussed legislative amendments. The Government adds that the Minimum Wages Advisory Board (MWAB) met in March 2016 and recommended a 6 per cent adjustment across the board, which was approved by the Government and came into effect on 1 June 2016. The BFTU confirms the information provided by the Government and expresses its concern that the LAB and the MWAB are the only true tripartite national structures, adding that their mandate is very limited to effectively meet the requirements for consultation on economic, labour and social matters. The BFTU is of the view that, on many occasions, the two tripartite bodies are used for the fulfilment of statutory requirements rather than to pursue good faith consultations with the social partners, and that there have been many occasions when the Government has disregarded advice from the two bodies without providing reasons. Moreover, the BFTU indicates that the two bodies are poorly resourced and are not able to adequately deliver on their mandates. Meetings are irregular due to both financial and human resources. The Committee once again requests the Government to provide information on the effective consultations held with the social partners on each of the matters concerning international labour standards listed in Article 5(1) of the Convention. In addition, the Committee requests the Government to provide information on the activities of the Labour Advisory Board and the Minimum Wage Advisory Board, indicating the frequency and the nature of any reports or recommendations from these Boards regarding international labour standards.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s report received in August 2013 in reply to its 2012 observation. The Committee also notes the communication of the Trainers and Allied Workers Union (TAWU), dated 26 August 2013. The TAWU indicates that there is no tripartite structure in Botswana and that the establishment of the Labour Advisory Board does not suffice. The Government indicates that the agenda of the International Labour Conference and the proposed texts to be discussed are shared with the social partners and that the need to consult them is noted. The Government further adds that the representative organizations of workers and employers are, respectively, the Botswana Federation of Trade Unions and the Botswana Confederation of Commerce, Industry and Manpower. The Committee notes the information contained in the Government’s report with regard to the proposals made to the competent authority in connection with the submission of unratified Conventions and Recommendations. The Government indicates that a gap analysis focusing on the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), has been conducted by ILO experts in August 2013. The Committee notes with interest that Botswana is currently working to develop an employment policy, through the Decent Work Country Programme; once such policy is in place, the country will decide whether it proceeds to ratify the Employment Policy Convention, 1964 (No. 122). The Committee requests the Government to continue to provide information on the effective consultations held with the social partners on each of the matters concerning international labour standards listed in Article 5(1) of the Convention. In particular, the Committee would welcome examining information on the activities of the Labour Advisory Board, indicating the frequency and the nature of any reports or recommendations regarding international labour standards resulting from these consultations.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Effective tripartite consultations required by the Convention. The Committee notes the Government’s report received in September 2012 in reply to the 2009 observation. The Government indicates that section 143 of the Employment Act was amended in 2010 to increase the functions of the Labour Advisory Board to include advising and consulting the Minister on international labour standards. At the Labour Advisory Board meeting held on 26 January 2012, the Government reports that the Board discussed the possible ratification of the three governance Conventions not ratified by Botswana: the Labour Inspection Convention, 1947 (No. 81), the Employment Policy Convention, 1964 (No. 122), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Board was also informed of the HIV and AIDS Recommendation, 2010 (No. 200), the Domestic Workers Convention, 2011 (No. 189), and the Domestic Workers Recommendation, 2011 (No. 201). The Government indicates that Recommendation No. 200 was launched by the Minister of Labour and Home Affairs on 29 November 2011 and the social partners and other stakeholders were involved. In response to the Committee’s request on the arrangements made for the financing of training on the consultative procedures, the Government indicates that a workshop on reporting on international labour standards was held in September 2012, which was facilitated by the standards specialist at the ILO Pretoria Office and included the social partners and other relevant stakeholders. The Government further indicates that efforts will be made to finance more necessary training in the future, funds permitting. The Committee invites the Government to continue to provide information on the consultations held on each of the matters concerning international labour standards listed in Article 5(1) of the Convention, and requests that the Government continue to provide information on the steps taken towards ratifying the governance Conventions. The Committee hopes that the Government will provide information regarding its communications with the representative organizations of employers and workers, including the names of these organizations.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2009 observation which read as follows:

Repetition

Effective tripartite consultations required by the Convention. The Committee notes the information provided by the Government in its report received in June 2009. The Government indicates that the Labour Advisory Board was established pursuant to section 143 of the Employment Act, and serves as an appropriate forum for consultations amongst the social partners. The Labour Advisory Board meets at least once a year and bears, amongst it functions, the role of advising the Minister of Labour of any proposed legislation, rules, codes, guidelines or model agreements relating to dispute prevention and resolution, and in respect of any matter on which advice or recommendations are required or permitted in terms of the Employment Act or any other labour law. The Committee notes with interest the information provided by the Government on the procedures in place to ensure effective consultations on the matters set out in Article 5(1) of the Convention. The Committee invites the Government to give further particulars in its next report on the consultations held on each of the matters set out in Article 5(1) indicating the nature of any reports or recommendations made as a result of the consultations. The Government is also asked to describe any arrangements made for the financing of any necessary training of participants on the consultative procedures.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Effective tripartite consultations required by the Convention. The Committee notes the information provided by the Government in its report received in June 2009. The Government indicates that the Labour Advisory Board was established pursuant to section 143 of the Employment Act, and serves as an appropriate forum for consultations amongst the social partners. The Labour Advisory Board meets at least once a year and bears, amongst it functions, the role of advising the Minister of Labour of any proposed legislation, rules, codes, guidelines or model agreements relating to dispute prevention and resolution, and in respect of any matter on which advice or recommendations are required or permitted in terms of the Employment Act or any other labour law. The Committee notes with interest the information provided by the Government on the procedures in place to ensure effective consultations on the matters set out in Article 5(1) of the Convention. The Committee invites the Government to give further particulars in its next report on the consultations held on each of the matters set out in Article 5(1) indicating the nature of any reports or recommendations made as a result of the consultations. The Government is also asked to describe any arrangements made for the financing of any necessary training of participants on the consultative procedures.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its 2007 observation, which read as follows:

Effective tripartite consultations. The Committee notes the Government’s reply received in May 2007 to its previous observation indicating that no consultations had been held on matters set out in Article 5, paragraph 1, of the Convention. The Government was consulting the social partners and other stakeholders on the establishment of consultative machinery for the purpose of implementing the Convention. The Committee recalls that in paragraph 21 of the conclusions of the 11th ILO African Regional Meeting (Addis Ababa, April 2007), it was highlighted that “effective tripartism is a mechanism of governance that enables labour markets to function efficiently and equitably. … Tripartism furthermore can make a major contribution to improving the effectiveness and accountability of government. Ratification and application of the Convention is an important support to the development of tripartism.” The Committee hopes that the Government will establish appropriate social dialogue procedures in accordance with Article 2 of the Convention. It requests again the Government to report on the content of consultations which are held during the period covered by the next report on each of the matters set out in Article 5, paragraph 1, indicating their frequency and the nature of any reports or recommendations resulting from these consultations. Please also supply information on the financing of training necessary for persons participating in the consultative procedures (Article 4, paragraph 2) and on consultations held with the representative organizations concerning the operation of the procedures (Article 6).

The Committee recalls that the Government can call upon, if it considers it appropriate, the advice and assistance of the Office on the matters raised by this observation so that effective tripartite consultations can be held on the subjects relating to international labour standards covered by the Convention.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Effective tripartite consultations. The Committee notes the Government’s reply received in May 2007 to its previous observation indicating that no consultations had been held on matters set out in Article 5, paragraph 1, of the Convention. The Government was consulting the social partners and other stakeholders on the establishment of consultative machinery for the purpose of implementing the Convention. The Committee recalls that in paragraph 21 of the conclusions of the 11th ILO African Regional Meeting (Addis Ababa, April 2007), it was highlighted that “effective tripartism is a mechanism of governance that enables labour markets to function efficiently and equitably. … Tripartism furthermore can make a major contribution to improving the effectiveness and accountability of government. Ratification and application of the Convention is an important support to the development of tripartism.” The Committee hopes that the Government will establish appropriate tripartite social dialogue procedures in accordance with Article 2 of the Convention. It requests again the Government to report on the content of consultations which are held during the period covered by the next report on each of the matters set out in Article 5, paragraph 1, indicating their frequency and the nature of any reports or recommendations resulting from these consultations. Please also supply information on the financing of training necessary for persons participating in the consultative procedures (Article 4, paragraph 2) and on consultations held with the representative organizations concerning the operation of the procedures (Article 6).

2. The Committee recalls that the Government can call upon, if it considers it appropriate, the advice and assistance of the Office on the matters raised by this observation so that effective tripartite consultations can be held on the subjects on international labour standards covered by the Convention.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Effective tripartite consultations. The Committee notes the Government’s brief report received in June 2006 which contains a statement indicating that no consultations have been held on the matters set out in Article 5, paragraph 1, of the Convention during the period covered by the report. The Government is consulting the social partners and other stakeholders on the establishment of consultative machinery for the purpose of implementing the Convention. The Government further indicates that it noted the matters raised by the Committee in the 2004 direct request. In this respect, the Committee draws the Government’s attention to the fact that each Member which ratifies the Convention undertakes to operate procedures which ensure effective consultations on all aspects covered by Article 5. The nature and form of such procedures are to be determined in each country in accordance with national practice after consultation with the representative organizations, where such procedures have not yet been established. The Committee hopes that the Government will be in a position to provide information in its next report on the operation of procedures established in accordance with Article 2 and on the content of consultations which have been held during the period covered by the next report on each of the matters set out in Article 5, paragraph 1, indicating their frequency and the nature of any reports or recommendations resulting from these consultations. It also hopes that the Government will be in a position to supply information on the financing of any training necessary for persons participating in the consultative procedures (Article 4, paragraph 2) and on any consultations held with the representative organizations concerning the working of the procedures (Article 6).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2004 direct request, which read as follows:

1. Effective tripartite consultations. In response to the direct request of 2001, the Government indicates that consultations were held within the Labour Advisory Board, without the legislation being amended. The Committee trusts that the Government will take the necessary measures to extend the mandate of the Labour Advisory Board to include all the matters set out in Article 5, paragraph 1, and thus allow effective consultations within the meaning of Article 2 of the Convention.

2. Financing of training. The Committee notes that no arrangement has been made for the financing of any training necessary for persons participating in the consultative procedures, as required by Article 4, paragraph 2, of the Convention. It notes the request for assistance made by the Government in its report and requests it to contact the competent units of the Office to explore the relevant arrangements. Please keep the Committee informed of any progress made in the application of this provision of the Convention.

3. Tripartite consultations required by the Convention. The Government indicates that, until such time as the legislation is amended, the consultations on the matters set out in Article 5, paragraph 1, of the Convention take the form of the Government’s reports being sent to the social partners, who are requested to communicate their observations directly to the ILO. The Committee draws the Government’s attention to the fact that the obligation of consultation laid down in Article 5, paragraph 1(d), goes beyond the obligation to communicate the reports under article 23, paragraph 2, of the ILO Constitution, as it consists in this case of holding consultations on any problems which may arise out of such reports. Any information that the organizations of employers and workers may transmit to the Office cannot replace the consultations which have to be held during the preparation of the Government’s reports (paragraph 92 of the 2000 General Survey on tripartite consultation). The Committee therefore invites the Government to provide detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention, during the period covered by the next report.

4. Operation of the consultative procedures. The Committee notes that no consultation took place with the representative organizations regarding the production of an annual report on the working of the procedures covered by the present Convention. It invites the Government to organize consultations with the representative organizations on this matter.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Effective tripartite consultations. In response to the direct request of 2001, the Government indicates that consultations were held within the Labour Advisory Board, without the legislation being amended. The Committee trusts that the Government will take the necessary measures to extend the mandate of the Labour Advisory Board to include all the matters set out in Article 5, paragraph 1, and thus allow effective consultations within the meaning of Article 2 of the Convention.

2. Financing of training. The Committee notes that no arrangement has been made for the financing of any training necessary for persons participating in the consultative procedures, as required by Article 4, paragraph 2, of the Convention. It notes the request for assistance made by the Government in its report and requests it to contact the competent units of the Office to explore the relevant arrangements. Please keep the Committee informed of any progress made in the application of this provision of the Convention.

3. Tripartite consultations required by the Convention. The Government indicates that, until such time as the legislation is amended, the consultations on the matters set out in Article 5, paragraph 1, of the Convention take the form of the Government’s reports being sent to the social partners, who are requested to communicate their observations directly to the ILO. The Committee draws the Government’s attention to the fact that the obligation of consultation laid down in Article 5, paragraph 1(d), goes beyond the obligation to communicate the reports under article 23, paragraph 2, of the ILO Constitution, as it consists in this case of holding consultations on any problems which may arise out of such reports. Any information that the organizations of employers and workers may transmit to the Office cannot replace the consultations which have to be held during the preparation of the Government’s reports (paragraph 92 of the 2000 General Survey on tripartite consultation). The Committee therefore invites the Government to provide detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention, during the period covered by the next report.

4. Operation of the consultative procedures. The Committee notes that no consultation took place with the representative organizations regarding the production of an annual report on the working of the procedures covered by the present Convention. It invites the Government to organize consultations with the representative organizations on this matter.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2001 direct request, which read as follows:

The Committee notes the Government’s first report on the application of the Convention. It would be grateful if the Government would provide further information in its next report on the practical application of the Convention, including indications on the following matters.

1. Articles 2 and 5 of the Convention. The Committee notes that the Fifth Schedule to the Employment Act provides for the Labour Advisory Board to exercise very limited functions, and the Government’s statement that the Employment Act has not been modified to provide for procedures which ensure effective consultation on all the matters covered in Article 5, paragraph 1. Please indicate whether the Minister of Labour has modified or is contemplating modifying the Fifth Schedule to the Employment Act in order to expand the terms of reference of the Labour Advisory Board so as to cover all the matters set out in paragraph 1. The Committee draws the Government’s attention to the fact that each Member which ratifies the Convention undertakes to operate procedures which ensure effective consultation on all the matters covered in Article 5. The nature and form of these procedures should be determined in each country in accordance with national practice after consultation with the representative organizations, where such procedures have not yet been established. The Committee hopes that in its next report the Government will be able to indicate that consultations have been held to establish the procedures provided for in Article 2 of the Convention and that the relevant procedures have been adopted as a result of these consultations. The Government may wish to have recourse to the assistance of the Office in this regard.

2. Article 4, paragraph 1. Please describe any arrangements made for the financing of any necessary training of participants in the consultative procedure.

3. Article 5. The Committee notes that, according to the Government’s report, consultations were held through the Labour Advisory Board. Please provide particulars of any consultations held during the period covered by the report on each of the matters set out in paragraph 1, including information as to the frequency of such consultations, and indicate the nature of any reports or recommendations made as a result of such consultations.

4. Article 6. Please provide particulars of any consultations that may have taken place with the representative organizations on the question of issuing an annual report on the working of the procedures provided for in the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s first report on the application of the Convention. It would be grateful if the Government would provide further information in its next report on the practical application of the Convention, including indications on the following matters.

1. Articles 2 and 5 of the Convention. The Committee notes that the Fifth Schedule to the Employment Act provides for the Labour Advisory Board to exercise very limited functions, and the Government’s statement that the Employment Act has not been modified to provide for procedures which ensure effective consultation on all the matters covered in Article 5, paragraph 1. Please indicate whether the Minister of Labour has modified or is contemplating modifying the Fifth Schedule to the Employment Act in order to expand the terms of reference of the Labour Advisory Board so as to cover all the matters set out in paragraph 1. The Committee draws the Government’s attention to the fact that each Member which ratifies the Convention undertakes to operate procedures which ensure effective consultation on all the matters covered in Article 5. The nature and form of these procedures should be determined in each country in accordance with national practice after consultation with the representative organizations, where such procedures have not yet been established. The Committee hopes that in its next report the Government will be able to indicate that consultations have been held to establish the procedures provided for in Article 2 of the Convention and that the relevant procedures have been adopted as a result of these consultations. The Government may wish to have recourse to the assistance of the Office in this regard.

2. Article 4, paragraph 1. Please describe any arrangements made for the financing of any necessary training of participants in the consultative procedure.

3. Article 5. The Committee notes that, according to the Government’s report, consultations were held through the Labour Advisory Board. Please provide particulars of any consultations held during the period covered by the report on each of the matters set out in paragraph 1, including information as to the frequency of such consultations, and indicate the nature of any reports or recommendations made as a result of such consultations.

4. Article 6. Please provide particulars of any consultations that may have taken place with the representative organizations on the question of issuing an annual report on the working of the procedures provided for in the Convention.