Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the Botswana Federation of Public, Private and Parastatal Sector Unions (BOFEPUSU) communicated with the Government report.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee welcomes the provisions of the Employment and Labour Relations Bill, 2025, which define both quid pro quo (blackmail) and hostile working environment sexual harassment (Parts I and IV) and prohibit all forms of harassment based on prohibited grounds, including sexual harassment, recognizing it as a form of discrimination. (section 18(3)). It notes that the Bill criminalizes such conduct, with penalties including fines, imprisonment of up to five years, or both (sections 18(4) and (6)). The Bill further introduces preventive and remedial measures requiring employers to address workplace violence and harassment, including gender-based harassment (section 18(b)), and allows complaints to be referred to mediation and the courts (Part VI). The Committee also welcomes the information on workplace policies adopted by employers to address sexual harassment. It also takes note of the concerns expressed by the UN Committee on the Elimination of Discrimination against Women (CEDAW) regarding the: (1) lack of clarity about the renewal of the National Action Plan on gender-based violence; (2) limited information on the effectiveness of the Sexual Offenders Registry; and (3) the need to strengthen protection against sexual harassment of women and girls in educational settings (CEDAW/C/BWA/CO/5, 10 July 2025, paras 26(a)-(b)(f) and 34(a) and (e)). The Committee requests the Government to provide further information on the practical implementation and impact of the measures addressing sexual harassment under the Employment and Labour Relations Bill, 2025, including enforcement mechanisms, complaints received, and sanctions applied once the Bill is in force. It also asks the Government to clarify the status and renewal of the National Action Plan on gender-based violence, to report on the effectiveness of the Sexual Offenders Registry, and to indicate the measures taken to strengthen protection against sexual harassment in educational settings.

Article 1(1)(a). Scope of application. Workers excluded. The Committee notes that section 3 of the Employment and Labour Relations Bill, 2025 excludes from its scope of application certain categories of workers, including members of the defence force, police, prison service, as well as the personnel of the intelligence and security, anti-corruption and drug-enforcement bodies. It further notes that section 3 of the Public Service Act, 2008 contains similar provisions, excluding members of the defence force, police, and prison service from its scope. After reviewing the Police Act, 1972, the Prisons Act, 1979 and the Defence Force Act, 2018, the Committee observes that while these laws regulate matters related to employment, remuneration and working conditions, they do not contain specific provisions protecting against discrimination in employment and occupation. Although the Police Act and Prisons Act make officers subject to the Public Service General Orders, these Orders do not expressly prohibit discrimination on the grounds set out in Article 1(1)(a) of the Convention nor apply to members of the defence force. The Committee therefore asks the Government to indicate how the categories of workers that are excluded from the scope of application of the Employment and Labour Relations Bill and the Public Service Act (including the Public Service General Orders) are specifically protected against discrimination on all the grounds set out in Article 1(1)(a) of the Convention,

Article 2. Equality of opportunity and treatment of men and women. From the statistics provided, the Committee notes that in 2024 women remain concentrated in occupations such as education, sales, and domestic work, with low representation in engineering, construction and the armed forces. They also remain under-represented in decision-making positions, holding only 163 of 988 posts as managing directors and chief executives, and none among 177 senior government officials and 829 legislators. The Government highlights several initiatives aimed at addressing gender stereotypes and harmful cultural practices, these include: (1) programmes promoting men’s involvement in family and community life, such as the Men Care Programme, Men in the Kitchen, and Monna Tia, implemented in partnership with civil society organizations to encourage positive masculinity, strengthen male role-modelling, and reduce father absenteeism; (2) implementation of the Abolition of Marital Power Act (removing the legal designation of men as heads of households and eliminating restrictions previously placed on women’s legal capacity) also continues across sectors; or (3) the Government’s efforts to advance positive cultural practices by engaging tribal chiefs, religious leaders, and other community actors in efforts to promote women’s human rights. The Committee notes also the Government acknowledgment that it has yet to adopt concrete measures to ensure a more equitable sharing of domestic and caregiving responsibilities between men and women. The Committee however notes the CEDAW’s concerns about: (1) discriminatory customary laws, limited outreach to challenge gender stereotypes, and barriers to women’s access to justice due to sexist attitudes; and (2) persistent horizontal and vertical segregation in both public and private sectors, women’s concentration in low-paid and unpaid care work, and the enduring barriers to their political participation arising from patriarchal norms, the absence of family-friendly workplaces and limited childcare support (CEDAW/C/BWA/CO/5, 10 July 2025, paras 22(a)(b), 30(d) and 36(a)(c)). The Committee asks the Government to continue addressing the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in customary practices and societal values, including awareness-raising activities to challenge stereotyped assumptions that the main responsibility for family care lies with women. The Committee requests the Government to provide information on any measures taken in this regard and impact on the situation of women in the labour market.

Indigenous peoples. The Committee again asks the Government to provide information on: (i) any measures taken to ensure equality of opportunity and treatment of disadvantaged segments of the population, including minority indigenous groups, in employment and occupation; (ii) their right to engage without discrimination in their traditional occupations on their lands and livelihoods; and (iii) their effective access to education. It also asks the Government to provide specific information on the outcomes of the Affirmative Action Framework and other remote area development programmes, particularly regarding education, training, and employment opportunities for indigenous peoples.

Convention No. 100 – Principle of equal remuneration between men and women for work of equal value

Article 2. Minimum wages. The Government reports that the Employment and Labour Council, which has replaced the Minimum Wage Advisory Board, continues to consider the elimination of wage discrimination when setting minimum wages. It adds that an ILO-supported review of the minimum wage system, including an assessment of gender pay disparities, has been completed, and is now under internal consultation. The Committee notes the observation of BOFEPUSU, which welcomes the establishment of the Council and its role in addressing minimum wage issues. The Committee asks the Government to: (i) indicate the measures adopted by the Employment and Labour Council to ensure that sectoral minimum wage rates are free from gender bias and that wages in female-dominated sectors are not undervalued compared to those in male-dominated sectors; and (ii) provide copies of any Minimum Wage Orders adopted for specified groups or sectors.

Article 3. Objective job evaluation. Public sector. The Government explains that job evaluations in the public service are based on job descriptions and the Paterson System, which grades jobs according to levels of decision-making responsibility. In this regard, the Committee recalls that when using such systems, particular care must be taken to ensure that job evaluations are free from gender bias, and that the selection of factors for comparison, the weighing of such factors, and the actual comparison carried out are not discriminatory, either directly or indirectly. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. (see 2012 General survey on the fundamental Conventions, paras 695–701). The Committee asks the Government to provide information on measures taken to ensure that job evaluation methods in both the public and private sectors are free from gender bias, including with respect to the selection and weighing of factors for comparison. It also asks the Government to provide information on any such objective job evaluation methods used by the Employment and Labour Council to design or adjust sectoral or occupational minimum wage schemes.

Conventions Nos   100 and 111 – Application in practice

Enforcement and awareness-raising. The Government indicates that the Labour Inspectorate conducts targeted inspections on workplace discrimination and abuse, having addressed one case of sexual harassment and racial discrimination that led to the revocation of the perpetrator’s work permit. In addition, the Government indicates some of initiatives put in place by the Ministry of Labour to address any issues of concern experienced by the workers and employers: (1) toll-free line where people can report cases of discrimination and any other matters; (2) an open door policy and workers can walk in at time and report any cases; (3) a facebook page and a radio programme where inspectors educate employers and members of the public about labour laws; and (4) close relationship with the Ministry of Justice on human rights issues and human trafficking with the aim of protecting the public, workers and employers against human trafficking and human rights violations. However, the Committee observes that no information was provided on measures to strengthen the capacity of labour inspectors, judges, or other officials to identify and address discrimination. The Committee asks the Government to provide information on any training or capacity-building activities for the relevant authorities, and to continue to provide detailed information on cases of discrimination in employment and occupation addressed by the labour inspectorate or the courts and the remedies granted.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the Botswana Federation of Public Private and Parastatal Sector Unions (BOFEPUSU) communicated with the Government report.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1, 2 and 3(b). Discrimination in employment and occupation. Legislation. The Committee welcomes the Government’s indication, in its report, about the adoption of the Employment and Labour Relations Bill, 2025 which aims to replace the Employment Act of 1982 and is currently pending Presidential assent. It welcomes the provisions designed to promote equality at the workplace and to protect workers (including job applicants) from discrimination, as well as violence and harassment (Part IV). The Committee notes in particular that the Bill: (1) prohibits both direct and indirect discrimination in any employment policy or practice on any arbitrary grounds including “race, sexual orientation, tribe or place of origin, national extraction, social origin and maternity, pregnancy, marital status, paternity, religion, disability, political affiliation or opinion, and health status” (section 18(1)); (2) broadens the definition of “worker” to include apprentices and persons providing or seeking to provide labour (Part I); and (3) establishes procedures to address unfair labour practices, placing the burden of proof on employers in discrimination cases (Part VI). The Committee observes however, that, although Section 18(1) expands the list of prohibited grounds, at the same time it has removed “sex” and “colour” from this list. The Committee requests the Government to confirm that this omission from the Bill is unintentional and that these grounds will be reintroduced in the final Act or that the Act will be amended to reintegrate these two grounds. It further asks the Government to provide a copy of the text as ultimately adopted. The Committee once again requests information on the application of the “Code of Good Practice: Employment Discrimination”, with respect to workplace policies developed by employers.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Assessing and addressing the gender pay gap. The Committee notes with interest that the Government has taken steps to collect sex-disaggregated statistical data on the number of men and women employed and their corresponding earnings. Based on the figures for 2024, it notes that that women’s average monthly earnings (Botswana pula (BWP) 5,697) remain consistently lower than those of men (BWP6,493), despite women representing more employees overall. For example, among primary teachers, women occupy 5,076 posts and men 670, yet women earn on average BWP15,658 compared with BWP19,510 for men. Similarly, among shop sales assistants, women hold 10,389 positions compared with 4,928 for men but earn BWP1,817 per month compared with BWP2,757 for men. The Committee observes that this may reflect occupational segregation or the undervaluation of jobs traditionally done by women (such as caregiving, cleaning, and catering) and consequently seen as extensions of domestic roles and perceived as requiring intrinsic, rather than learned, skills. According to ILOSTAT (2024), the gender pay gap stood at 10.9 per cent in 2024. The Committee also notes BOFEPUSU’s observations that female interns in government service face unequal remuneration, as their wages are reduced during pregnancy. In reply, the Government indicates that the National Internship Guidelines are being revised following a 2020 review that recommended adopting a new National Internship Policy to address these gaps. The Committee encourages the Government to continue collecting detailed statistical information, disaggregated by sex and occupations, on the proportion of men and women employed in the different sectors and their corresponding earnings, and to use this information to identify and address any patterns of occupational segregation or gender wage gaps. It further asksthe Government to ensure that the revised Internship guidelines will provide for equal remuneration for men and women interns, including during maternity leave, and to report on any developments in this regard.

Articles 1 to 3. The principle of equal remuneration for work of equal value. Definition of remuneration. Objective job evaluation. Legislation. The Committee welcomes section 18(5) of the Employment and Labour Relations Bill, 2025 which prohibits discrimination arising from any difference in terms and conditions of employment between workers performing the same or substantially the same work, or work of equal value. It also notes that the Bill defines wage as “remuneration or earnings, however designated or calculated, which is paid by an employer to a worker, is capable of being expressed in monetary terms, is fixed by mutual agreement or legislation, and is payable by virtue of a written or unwritten contract of employment” (Part I). In this regard, the Committee recalls that Article 1(a) of the Convention provides a broad definition of remuneration that includes “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” (2012 General Survey on fundamental Conventions, para. 686). The Committee notes that no formal measures have yet been taken regarding the promotion of objective job evaluation, although the Departments of Gender and Labour and Social Security have agreed to collaborate on this matter. The Committee asks the Government to clarify whether the Employment and Labour Relations Bill, 2025 encompasses for the purposes of the application of the Convention all the elements of the definition of “remuneration”, in accordance with Article 1(a) of the Convention. It also asks the Government to ensure that measures are taken to promote objective appraisal methods free from gender bias. Please provide information on progress made in this regard.

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

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

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Article 2 of the Convention. Minimum wages. The Committee recalls that: (1) as women generally predominate in low-wage employment, an increase of the minimum wage may have a positive impact on raising their wages and reducing the gender pay gap; and (2) 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 therefore 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, to ensure that jobs predominantly held by women are not undervalued. It asks the Government to provide full information on any steps taken in this regard.

Article 3. Objective job evaluation. Public sector. The Committee recalls that the principle of equal pay for work of equal value is set as a basic principle for job evaluation in the Job Evaluation Manual for the Public Service, even if it does not specifically refer to equal remuneration between men and women. The Committee asks the Government to provide information on: (i) how it is ensured that the job evaluation conducted through the Job Evaluation Manual for the Public Service is free from gender bias; (ii) the method and criteria used by the Job Evaluation Manual; and (iii) any measures taken or envisaged to promote objective job evaluation in the private sector.

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

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Article 2 of the Convention. Equality of opportunity and treatment of men and women. The Committee recalls that the country operates under a dual legal system that applies customary law in parallel with the formal legal system, the latter being applied when it is considered that the application of the customary law is detrimental to women’s equality of opportunities. The Government previously recognized the challenges of the dual legal system and indicated that it has developed strategies to address these challenges. The Government also referred to the National Policy on Gender and Development which had been approved in 2015 and its national operational plan in 2018, and to the Women Economic Empowerment Programme. The Committee notes that the Government’s report does not contain any new information on gender equality. It notes however the concern expressed, in its concluding observations, by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) about: (1) the persistence of harmful practices, including child marriage, and deep-rooted stereotypes regarding the roles and responsibilities of men and women in the family and the community; (2) the lack of mechanisms to monitor and evaluate the implementation of the national policy on gender and development, with a view to changing such stereotypes and harmful practices; (3) the high unemployment rate among women and the unequal division of family responsibilities between women and men; (4) the lack of accessible and affordable childcare facilities; (5) the concentration of women in the informal sector and that women in that sector continue to be excluded from labour and social security protections; and (6) the lack of general knowledge among rural women of social security, education, health-care services, local development programmes and laws and policies relating to women’s rights. (CEDAW/C/BWA/CO/4, 14 March 2019, paragraphs 24, 35, 41). In light of the above, the Committee asks the Government to provide information on specific measures taken to promote and ensure equality of opportunity of men and women in employment and occupation, including on the measures taken: (i) under the National Policy on Gender and Development or otherwise, to promote equal access to education at all levels, in particular in rural areas, and increase training and employment opportunities for women, and the results achieved; (ii) to eliminate gender stereotypes and customary practices that are detrimental to women, including among the traditional chiefs and other community leaders; (iii) to reconcile work and family responsibilities and promote a more equitable distribution of family responsibilities between men and women; and (iv) to ensure adequate access of men and women to procedures addressing discrimination and remedies, including through the Legal Aid Programme. The Committee also asks the Government to provide statistical information, disaggregated by sex and by occupational category, if possible, on the workforce in both private and public sectors.

Indigenous peoples. The Committee recalls that, in 2014, the Government had developed an Affirmative Action Framework for Remote Area Communities with a ten-year Implementation Plan which would run from 2015 to 2025, dealing with issues such as youth employment, water, land, education, and economics. The Committee asks therefore the Government to provide information on: (i) any measures taken under this scheme to ensure equality of opportunity and treatment of disadvantaged segments of the population, including minority indigenous groups, in employment and occupation; (ii) their right to engage without discrimination in their traditional occupations on their lands and livelihoods; and (iii) their effective access to education. It also asks the Government to provide specific information on the implementation of the Affirmative Action Framework as well as other remote area development programmes with respect to education, training and employment opportunities of indigenous peoples, and the results thereof.

Enforcement. The Committee notes the information on the judicial decisions provided by the Government in relation to discrimination but observes that they do not concern employment and occupation. The Committee asks the Government to provide information on any specific activities undertaken to raise awareness of the relevant legislation prohibiting discrimination in employment and occupation, and to enhance the capacity of the responsible authorities, including judges, labour inspectors and other public officials, to identify and address such cases.It also asks the Government to continue to provide information on any cases of discrimination in employment and occupation dealt with by the labour inspectors or the courts.

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

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Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. The Committee notes that there is a lack of availability of up-to-date statistical information disaggregated by sex regarding the remuneration received by women and men, and their participation in the labour market. The Committee draws the Government’s attention to the fact that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures and make any necessary adjustments in order to better promote the principle of equal remuneration for men and women for work of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 891). To allow an assessment to be made regarding the gender pay gap in the public and private sectors, the Committee asks the Government to: (i) collect and compile statistical information disaggregated by sex regarding the distribution of women and men in different occupational categories or sectors of the economy, and their respective levels of earnings; (ii) conduct research or studies on the gender pay gap, if any, and its underlying causes; and (iii) provide such data and information. The Committee asks the Government to consider taking measures to promote equal remuneration for men and women for work of equal value, including measures to address any underlying causes of pay differentials, such as vertical and horizontal job segregation and gender stereotypes.

Articles 1, 2(2)(a) and 3. Equal remuneration for work of equal value. Definition of remuneration. Objective job evaluation. Legislative framework. The Committee recalls that, for a number of years, it has been drawing the Government’s attention to the lack of legislative expression of the principle of equal remuneration for men and women for work of equal value. It notes that the Employment Act only provides that “[i]n formulating its recommendations to the Minister, the [Labour Advisory] Board shall take into account […] the desirability of eliminating discrimination between the sexes in respect of wages for equal work” (section 133(2)(b)), which is narrower than the principle of the Convention. With a view to ensuring that women and men have a legal basis for asserting their right to equal remuneration for work of equal value with their employers and before the competent authorities, the Committee asks the Government to take the necessary measures to review the Employment Act, to: (i) give full legislative expression to the principle of equal remuneration for men and women for work of equal value; (ii) introduce a broad definition of the term “remuneration” in line with Article 1(a) of the Convention; and (iii) introduce provisions promoting the use of objective job evaluation methods free from gender bias, to fully implement the principle of the Convention. It also asks the Government to provide information on any steps taken in this regard.

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

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

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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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Article 3 of the Convention. Objective job evaluation. It its previous comments, the Committee noted that the principle of equal pay for work of equal value was set as a basic principle for job evaluation in the Job Evaluation Manual for the Public Service, but that the Manual did not specifically refer to equal remuneration between men and women. The Committee notes the Government’s description of the Decision Band System (or the Peterson Grading System). It notes that the System of concern is a form of job evaluation used by the Job Evaluation Manual for the Public Service in that it measures and assesses the relative levels of responsibility, with a view to producing a rank or hierarchy showing the relative importance of one job vis-à-vis another. In this regard, the Committee emphasizes that when using job evaluation methods, particular care must be taken to ensure that they are free from gender bias; it is important to ensure that the selection of factors for comparison, the weighing of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly (see 2012 General Survey, paragraph 701). The Committee, therefore, requests the Government to provide information on how it is ensured that the job evaluation conducted through the Job Evaluation Manual for the Public Service is free from gender bias. In this regard, the Committee requests the Government to provide specific information on the criteria used by the Job Evaluation Manual, as well as information on measures taken to promote objective job evaluation in the private sector.

Articles 2 and 3. Measures to promote equal remuneration. The Committee notes the Government’s indication that measures to promote equal remuneration will be considered during the review of the Employment Act of 1982. In this regard, the Committee emphasizes that giving legislative effect to the principle of the Convention is important, but that a range of proactive measures is also necessary to achieve the goal of the Convention, such as measures to deal with the persistent underlying causes such as gender stereotypes and horizontal and vertical occupational segregation (see 2012 General Survey on the fundamental Conventions, paragraphs 710–712). The Committee repeats its request to the Government to provide information on measures taken to promote equal remuneration for men and women for work of equal value, including any measures to identify and address any underlying causes of pay differentials such as vertical and horizontal job segregation and gender stereotypes, including in the context of the amendment of the Employment Act of 1982.

Assessment of the gender pay gap. The Committee previously requested the Government to collect and provide statistical information on the gender pay gap. It notes the Government’s indication that while the Labour Statistics Report of 2011, did not contain this information, a labour force survey to be conducted in 2016, would do so. The Committee trusts that the Government will take the necessary steps to ensure that the 2016 Labour Force Survey will include statistical information on the earnings of men and women in various occupations and sectors, and allow an assessment to be made regarding the gender pay gap in the public and private sectors. It requests the Government to provide information on the findings of the Survey.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

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 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, 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 Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 1(1)(a) of the Convention. Sexual harassment. In its previous comments, the Committee had noted the absence of legislative provisions prohibiting sexual harassment in employment and occupation in the private sector, while doing so in respect of the public service (section 38 of the Public Service Act, 2008) and requested the Government to take steps with a view to including provisions on sexual harassment in the Employment Act in the future. In its report, the Government indicates that the Employment Act of 1998, is in the process of being reviewed and that the Committee’s comments will be taken into consideration. It also indicates that during the period under review no cases of sexual harassment were brought forward in the public and private sectors and that awareness raising activities, based on the Code of Good Practice adopted in 2002, are realized routinely through labour inspection. 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. Therefore, it wishes to recall that the absence of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist but rather that it is likely to reflect the lack of awareness and understanding of this form of sex discrimination among government officials, workers and employers and their organizations and the general public (2012 General Survey on the fundamental Conventions, paragraphs 789–790). 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 to provide examples of such procedures collected by labour inspectors during their inspection.

Article 2 of the Convention. Equality of opportunity and treatment of men and women. The Committee notes that girls in secondary and higher education record high drop-out rates due to early marriages and traditional attitudes, and notes also that gender segregation exists by sectors as well as occupations, which leads to Government efforts to encourage the enrolment of the girl child in math and science based subjects in order to promote their participation in male dominated jobs. The Committee notes that the country operates under a dual legal system that applies customary law in parallel with the formal legal system, the latter of which is applied when it is considered that the application of the customary law is detrimental to women’s equality of opportunities. The Government recognizes the challenges of the dual legal system and indicates that it has developed strategies to address these challenges, such as for example: continuous engagement with civil society (community dialogues, television and radio discussions, seminars, campaigns), including community and religious leaders on issues that perpetuate gender inequality, and active engagement of Dikgosi (traditional chiefs) as custodians of culture on gender issues. In this regard, the Government indicates that in November 2012 a national consultation was held with traditional chiefs, focusing on mainstreaming gender into the Customary Justice System. In an effort to address and eliminate discriminatory practices that hinder women’s progress toward equality, there is also continuous engagement with Ntlo Ya Dikgosi (other Community Leaders), civil society organizations, the media and the nation at large on gender and development. Regular briefs are conducted with Ntlo Ya Dikgosi to update them on current developments and solicit their support in implementing changes.

Further, the Government highlights that the Public Service Act of 2008 places emphasis on merit for recruitment and progression, and that women now comprise 43 per cent of executive positions. The Government also refers to the establishment of District Gender Committees to facilitate gender mainstreaming at the community level, the appointment of women to high-level positions in the justice sector that were traditionally the reserve of men (Attorney-General, Head of Office of the Ombudsman), the results of a policy that has achieved gender parity in the Judiciary with 50.8 per cent of the magistrates being women, and the increasing recruitment of women in the Defence Force (cadets and lower ranks), as well as in the Police Service (women represented 25.18 per cent of the police force as of March 2015). In this regard, the Committee notes the Government’s indication that a National Policy on Gender and Development has been approved on 7 August 2015 and that it is anticipated that this will improve the implementation of the country’s commitment to achieve gender equality objectives, in particular in the political and public life. It also notes that 80 per cent of the beneficiaries of the Poverty Eradication Programme, in place since 2011, are women, and that a Women Economic Empowerment Programme has been established to facilitate women’s access to credit, income-generating activities, and capacity-building activities regarding Business Management.

The Committee requests the Government to continue providing information on specific measures taken to promote and ensure equality of opportunity of men and women in employment and occupation, including on the following points:

• (i) measures taken under the National Policy on Gender and Development to promote equality of opportunity and treatment of men and women, including measures to promote access to education and a wide range of training opportunities and occupations;
• (ii) measures taken or envisaged to eliminate customary practices that are detrimental to women’s equality of opportunity and treatment in employment and occupation, including information on the activities of the District Gender Communities, with the traditional chiefs and other community leaders;
• (iii) measures taken to ensure adequate access of men and women to procedures addressing discrimination and remedies, including the Legal Aid Programme.

The situation of indigenous peoples. The Committee recalls its request to the Government to ensure the right of indigenous peoples to engage, without discrimination, in their traditional occupations and livelihoods and as well as their access to education. It notes the Government’s indication that it does not single out any tribe in the country as indigenous although it recognizes some segments of the population as being disadvantaged due to factors such as geographic conditions and lifestyles. To that end, in July 2014, the Government developed an Affirmative Action Framework for Remote Area Communities with a ten year Implementation Plan which will run from 2015 to 2025, dealing with issues such as youth employment, water, land, education, and economics, and that 822 students have been sponsored by the Government under this Plan. The Committee welcomes the Affirmative Action Framework, and requests the Government to provide information on measures taken under this scheme to ensure equality of opportunity and treatment of disadvantaged segments of the population, including minority indigenous groups, in employment and occupation, including their right to engage without discrimination in their traditional occupations and livelihoods and their access to education. It asks the Government to provide specific information on the implementation of the Affirmative Action Framework as well as other remote area development programmes with respect to education, training and employment opportunities of indigenous peoples, and the results thereof.

Special measures. The Committee recalls its previous comments regarding section 15(4)(e) of the Constitution which allows differential treatment by law where this is “reasonably justifiable in a democratic society”, as well as its request to the Government regarding its application in practice. The Committee notes the Government’s indication that it has introduced a Unit in the Office of the President to deal specifically with issues relating to people with disabilities. Noting that the Government’s reply does not explain concretely how differential treatment would be allowed by law where such treatment would be “reasonably justifiable in a democratic society” the Committee continues to request the Government to indicate how section 15(4)(e) of the Constitution has been and is being applied in practice. Further, the Committee invites the Government to provide information regarding the activities of the Unit in the Office of the President that deals specifically with persons with disabilities, including measures taken or envisaged to prohibit direct and indirect discrimination based on disability in all aspects of employment and occupation (education, vocational guidance and training, access to employment and particular occupations, terms and conditions of employment) and to promote equal opportunities for persons with disabilities.

Enforcement. The Committee notes the Government’s indication that no recent cases dealing with discrimination have been filed with the competent authorities. In this regard, the Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, a lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (2012 General Survey, paragraph 870). The Committee therefore requests the Government to indicate more specifically activities undertaken to raise awareness of the relevant legislation prohibiting discrimination in employment and occupation, and to enhance the capacity of the responsible authorities, including judges, labour inspectors and other public officials, to identify and address such cases. The Committee requests the Government to provide its comments in this respect.

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

Article 3 of the Convention. Objective job evaluation. It its previous comments, the Committee noted that the principle of equal pay for work of equal value was set as a basic principle for job evaluation in the Job Evaluation Manual for the Public Service, but that the Manual did not specifically refer to equal remuneration between men and women. The Committee notes the Government’s description of the Decision Band System (or the Peterson Grading System). It notes that the System of concern is a form of job evaluation used by the Job Evaluation Manual for the Public Service in that it measures and assesses the relative levels of responsibility, with a view to producing a rank or hierarchy showing the relative importance of one job vis-à-vis another. In this regard, the Committee emphasizes that when using job evaluation methods, particular care must be taken to ensure that they are free from gender bias; it is important to ensure that the selection of factors for comparison, the weighing of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly (see 2012 General Survey, paragraph 701). The Committee, therefore, requests the Government to provide information on how it is ensured that the job evaluation conducted through the Job Evaluation Manual for the Public Service is free from gender bias. In this regard, the Committee requests the Government to provide specific information on the criteria used by the Job Evaluation Manual, as well as information on measures taken to promote objective job evaluation in the private sector.

Articles 2 and 3. Measures to promote equal remuneration. The Committee notes the Government’s indication that measures to promote equal remuneration will be considered during the review of the Employment Act of 1982. In this regard, the Committee emphasizes that giving legislative effect to the principle of the Convention is important, but that a range of proactive measures is also necessary to achieve the goal of the Convention, such as measures to deal with the persistent underlying causes such as gender stereotypes and horizontal and vertical occupational segregation (see 2012 General Survey on the fundamental Conventions, paragraphs 710–712). The Committee repeats its request to the Government to provide information on measures taken to promote equal remuneration for men and women for work of equal value, including any measures to identify and address any underlying causes of pay differentials such as vertical and horizontal job segregation and gender stereotypes, including in the context of the amendment of the Employment Act of 1982.

Assessment of the gender pay gap. The Committee previously requested the Government to collect and provide statistical information on the gender pay gap. It notes the Government’s indication that while the Labour Statistics Report of 2011, did not contain this information, a labour force survey to be conducted in 2016, would do so. The Committee trusts that the Government will take the necessary steps to ensure that the 2016 Labour Force Survey will include statistical information on the earnings of men and women in various occupations and sectors, and allow an assessment to be made regarding the gender pay gap in the public and private sectors. It requests the Government to provide information on the findings of the Survey.

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

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

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.

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

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.]

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

Sexual harassment. The Committee notes that the Public Service Act, 2008 (Act No. 30 of 2008) includes provisions defining and prohibiting both quid pro quo and hostile environment sexual harassment, and providing that it constitutes misconduct (section 38). The Committee notes the Government’s indication that the Committee’s recommendation regarding the inclusion of similar provisions in the Employment Act will be considered in future amendments of the Act. The Committee also notes that the Code of Good Practice: Sexual Harassment in the Workplace was approved on 23 August 2002, with the objective of eliminating sexual harassment in the workplace, and that the Code promotes the development and implementation of policies and procedures leading to a workplace that is free of sexual harassment. It notes the broad definition provided in the Code of Good Practice of Sexual Harassment. The Committee notes further that the Code of Good Practice: Employment Discrimination also provides that “Harassment of an employee, whether of a sexual nature or otherwise, constitutes a form of discrimination”. In the absence of legislative provisions prohibiting sexual harassment in employment and occupation in the private sector, contrary to the public service, the Committee asks the Government to take steps with a view to including provisions on sexual harassment in the Employment Act in the near future. The Committee once again requests the Government to provide information on the number of cases that have been brought under section 38 of the Public Service Act, 2008, as well as information on any cases of sexual harassment in the private sector dealt with by the competent authorities. The Government is also asked to provide information on any steps taken to raise awareness among workers, employers and their organizations of the Code of Good Practice: Sexual Harassment in the Workplace and to indicate if procedures to lodge grievances regarding sexual harassment have been established by employers as provided in the Code.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes that, despite the efforts made by the Government in achieving parity in primary education and designing re-entry policies for returning to school after childbirth, the Committee of the United Nations on the Elimination of Discrimination against Women (CEDAW) expressed concern in its concluding observations, regarding the low enrolment of girls in secondary and higher education and the girl’s high drop-out rates, due to, inter alia, traditional attitudes, early pregnancies and early marriages (CEDAW/C/BOT/CO/3, 5 February 2010, paragraphs 31–32). The Committee notes from the statistics provided by the Government (2005/6 Labour Force Survey – February 2008) that 47.7 per cent of the persons employed were women and that women workers were concentrated in hotels and restaurants (74.3 per cent) and private households (71.4 per cent). In education, finance, wholesale and retail trade, and health, the proportion of women employed was above 60 per cent. It also notes from this information that, not only sectors of the economy, but also occupations are segregated by sex. The Committee also notes the detailed statistics provided by the Government on the informal economy (2007 Informal Sector Survey Report – May 2009) which show that 60.7 per cent of persons working in the informal economy were women and that female ownership dominated in almost all the industries. The Committee notes the Government’s indication that customary practices that are detrimental to women’s equality of opportunities are addressed if found, and that currently, there are no such practices. The Committee welcomes the judgment of 12 October 2012 in which the High Court ruled that customary laws that prevent women from inheriting their family home are not in line with the Constitution of Botswana which guarantees gender equality. The Committee notes however the concern expressed by CEDAW regarding the limitations faced by women in practice to exercise their right to access to justice and bring a case of discrimination before a court, such as legal costs, the persistence of traditional justice systems, illiteracy, lack of information about their rights and other practical difficulties (CEDAW, ibid., paragraphs 17–18). The Committee requests the Government to take specific measures to promote and ensure equality of opportunity of men and women in employment and occupation, including measures to promote access to education and a wide range of training opportunities and occupations as well as access to land and credit. Please provide a copy of the judgment of 12 October 2012 of the High Court. The Committee also asks the Government to provide information on the following points:

• (i) steps taken to address gender stereotypes regarding the role of men and women in the society as well as women’s professional aspirations, preferences and capabilities;
• (ii) measures taken or envisaged to eliminate customary practices that are detrimental to women’s equality of opportunity and treatment in employment and occupation, such as practices concerning unmarried women;
• (iii) measures taken to ensure an adequate access of men and women to procedures addressing discrimination and remedies; and
• (iv) statistical information available on the participation of men and women in the labour market, in particular information showing the proportion of women and men in high level posts in both the public and private sectors.

The situation of indigenous peoples. The Committee notes that the Government’s report contains no information in reply to its previous comments on the situation of indigenous peoples in Botswana. The Committee notes that in his most recent report which focuses on minority indigenous groups in the country, such as the Basarwa and the Bakgalagadi, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, while acknowledging the initiatives undertaken by the Government to address the conditions of disadvantaged indigenous peoples, indicates that marginalized indigenous peoples continue to confront serious issues arising out of the historical loss of vast amounts of lands and natural resources (A/HRC/15/37/Add.2, 2 June 2010). Therefore, the Committee requests the Government to provide information on the measures taken to ensure equality of opportunity and treatment of minority indigenous groups in employment and occupation, including their right to engage without discrimination in their traditional occupations and livelihoods and their access to education. Please provide specific information on the implementation of the remote area development programme with respect to education, training and employment opportunities of indigenous peoples, and the results thereof.

Special measures. The Committee recalls its previous comments regarding section 15(4)(e) of the Constitution which allows differential treatment by law where this is “reasonably justifiable in a democratic society” and asks the Government to indicate how this provision has been and is being applied in practice.

Enforcement. The Committee requests the Government to provide information on the number and nature of cases of discrimination dealt with by the competent authorities, and their outcome.

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

Minimum wages. The Committee notes the adoption of the Minimum Wage Order in 2012 and the Government’s indication that the minimum wages are set by specific trade or industry and not on the basis of gender and that there is no discrimination between men and women with regard to the payment of wages for equal work. With reference to its observation, the Committee wishes to draw the Government’s attention to the fact that the absence of a distinction between men and women in the regulations determining the minimum wages is not sufficient to ensure that there is no gender bias in the process of minimum wage fixing. The Committee recalls that due to such occupational segregation, 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, and in particular that certain skills considered to be “female” are not undervalued and that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed (see General Survey on fundamental Conventions, 2012, paragraph 682–685). The Committee asks the Government to take 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 to provide information of any steps taken in this regard.

Objective job evaluation. The Committee notes that the principle of equal pay for work of equal value is set as a basic principle for job evaluation in the Job Evaluation Manual for the Public Service provided by the Government with its report, but the Manual does not specifically refer to equal remuneration between men and women. The Committee understands that the Government job evaluation scheme is mainly based on the criterion of decision making to measure and assess the relative levels of responsibility of jobs, with a view to producing a rank or hierarchy showing the relative importance of one job to another. The Committee recalls that the effective implementation of the principle of the Convention requires the use of a job evaluation method in order to measure and compare the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skill, efforts, responsibility and working conditions, to avoid the assessment being tainted by gender bias. The Committee asks the Government to indicate if such an objective job evaluation to ensure that men and women receive equal remuneration for work of equal value has been undertaken in the public sector using the Job Evaluation Manual and, if so, to provide specific information on the criteria used. The Committee also asks the Government to provide information regarding any measures taken to promote objective job evaluation in the private sector.

Measures to promote equal remuneration. The Committee once again asks the Government to provide information on any measures taken to promote equal remuneration for men and women for work of equal value, including any measure to address the underlying causes of pay differentials such as vertical and horizontal job segregation and gender stereotypes.

Assessment of the gender pay. The Committee asks the Government to collect and provide statistical information on the situation on men and women in employment and their remuneration in the public and private sectors, by industry and occupation. Please also provide any available information, including estimates, on the gender pay gap.

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

Article 1 of the Convention. Legal protection from discrimination. Grounds of discrimination. Covering all aspects of employment. The Committee notes that section 23 of the Employment Act (restricting the grounds on which employers may terminate contracts of employment) was amended in 2010, so as to explicitly include in the list of prohibited grounds for termination of employment, “sexual orientation”, “health status” and “disability”, and at the same time removing from this list “national extraction” and “political opinions” (section 23(d)), and to insert a general provision (new section 23(e)). The Committee notes therefore that under the Employment Act as amended, termination of employment is now prohibited on the basis of : (i) “the employee’s membership of a registered trade union or participation in any activities connected with a registered trade union outside working hours or, with the consent of the employer, within working hours” (section 23(a)); (ii) “the employee’s race, tribe, place of origin, social origin, marital status, gender, sexual orientation, colour, creed, health status or disability” (section 23(d) as amended); or (iii) “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)). The Committee also notes that in accordance with the Code of Good Practice: Employment Discrimination, which was approved on 23 August 2002, discrimination is prohibited on the basis of “but not limited to” race, tribe, place of origin, national extraction, social origin, marital status, political opinions, sex, colour or creed (section 3.2). The Code of Good Practice further indicates that there may be other grounds such as religion, HIV status, family responsibility, language, etc. While noting the general prohibition of discrimination added to the Employment Act, the Committee recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should specify at least all the grounds of discrimination set out in Article 1(1)(a) of the Convention and cover all aspects of employment and occupation, including training, recruitment and selection and all terms and conditions of employment. Given that there are grounds specifically enumerated in the Employment Act, and the grounds of “national extraction” and “political opinion” have been expressly removed from this list, the Committee notes that it is of particular importance that all the grounds set out in Article 1(1)(a) of the Convention are specifically addressed in the Act. The Committee asks the Government to take the necessary steps to amend section 23(d) of the Employment Act in order to prohibit explicitly discrimination based on at least the grounds of race, colour, sex, religion, political opinion, national extraction and social origin, and to cover all aspects of employment and occupation, including recruitment and terms and conditions of employment. The Committee asks the Government to provide information on the measures taken in this respect. The Committee also asks 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 Government is also asked to provide information on any steps taken to foster knowledge among workers and employers and their organizations of the code of good practice on employment discrimination.

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

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

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. For a number of years, the Committee has been asking the Government to ensure that, in the process of amending the Employment Act, full legislative expression is given to the principle of equal remuneration for men and women for work of equal value. The Government has been indicating that the comments of the Committee would be taken into account and appropriate action would be taken to amend the law. The Committee notes, however, that the Government indicates that the Employment Act was amended in 2010 and merely reiterates its statement that the comments of the Committee will be considered in a future review of the Employment Act. The Committee also notes the Government’s indication that although the principle of the Convention is not reflected in the legislation, the definitions of “wage”, “basic salary” and “contract of employment” do not make a distinction between men and women and that wages and salaries are not based on the employee’s sex. The Committee points out that this is not sufficient to ensure that men and women are paid the same remuneration (basic salary and additional emoluments) for work of equal value, and that the concept of “work of equal value” is essential to address and eliminate pay discrimination based on gender. The Committee recalls that due to stereotypical attitudes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction) and that often “female jobs” are undervalued in comparison with work of equal value performed predominantly by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompassing jobs that are of an entirely different nature, but which are nevertheless of equal value. The Committee therefore considers that it is essential to be able to compare the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall (see General Survey on fundamental Conventions, 2012, paragraphs 673–675). 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 asks the Government to take the necessary measures to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on any measures taken in this regard.

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

Legislative developments. The Committee recalls that the principle of equal remuneration for work of equal value is not reflected in the legislation of Botswana, but that for a number of years the Government has been indicating that amendments to the Employment Act have been under consideration with a view to incorporating the provisions of the Convention. The Committee notes the Government’s very brief report simply stating that the comments of the Committee will be taken into account and that appropriate action will be taken to amend the law. The Committee once more draws the Government’s attention to its 2006 general observation on this Convention, stressing the importance of giving full legislative expression to the principle of equal remuneration for men and women for work of equal value. It is important to ensure that the legislation goes beyond equal remuneration for “equal”, “the same” or “similar” work, and that it also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. The Committee hopes that the revision process of the Employment Act will be completed without further delay, and urges the Government to ensure that, in the process of amending the Employment Act, full legislative expression is given 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.

Minimum wages. The Committee previously noted that the Minimum Wage Advisory Board in making recommendations to the Minister is to take into account a number of factors, including the desirability of the elimination of discrimination between men and women with respect to wages for equal work. The Committee recalls that the concept of equal wages for “equal work” is narrower than that of equal remuneration for work of equal value. Noting the Government’s very brief reply that consultations on the labour law amendments are still ongoing, the Committee once again asks the Government to take measures to ensure that the principle of the Convention is fully reflected in the minimum wage-setting process, and to inform the Committee of any steps taken in this regard.

Objective job evaluation. The Committee notes that again no copy was received of the manual setting out the methodology used for job evaluation in the public sector, which the Government had previously stated addresses the principle of equal remuneration for work of equal value. Information on measures to promote job evaluation in the private sector was also not provided. The Committee reiterates its request to the Government to forward a copy of the manual setting out the job evaluation methodology, and to provide information regarding any measures taken to promote objective job evaluation in the private sector.

Measures to promote equal remuneration. Noting that the Government’s brief report merely states that consultations are still ongoing on practical measures to promote equal remuneration, the Committee asks the Government to provide information on the details and results of these consultations with regard to the adoption of policies in place to promote equal remuneration in the private sector, and to reduce the gender pay gap. The Committee also asks the Government to continue to collect and provide statistical information on the remuneration received by men and women in the public and private sectors, by industry and occupation.

Observation (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 previous observation which read as follows:

Repetition

Article 1 of the Convention. Legal protection from discrimination. Recalling its previous comments regarding the legal protection from discrimination available under the Constitution, the Committee notes with satisfaction that its section 15 was amended in 2004 to include the prohibited ground of sex. The Committee requests the Government to take steps so that protection from discrimination based on social origin is also ensured, and to provide information on any cases regarding discrimination in employment and occupation decided by the courts. Recalling its previous comments regarding section 15(4)(e) of the Constitution which allows differential treatment by law where this is “reasonably justifiable in a democratic society”, please indicate how this provision has been and is being applied in practice.

The Employment Act. The Committee notes the Government’s indication that the Employment Act is being amended. Recalling its previous comments noting that the Employment Act currently only prohibits discrimination in respect of termination of employment contracts, the Committee hopes that the Government will take this opportunity to include more comprehensive provisions to prohibit direct and indirect discrimination in employment and occupation, including with regard to recruitment and selection, all terms and conditions of employment, and training. Please indicate any further developments in this regard.

Sexual harassment. The Committee notes that the Public Service Act was amended in 2000 to include new provisions on sexual harassment. Section 32(1) declares sexual harassment to constitute misconduct. A definition of sexual harassment is set out in section 32(2). The Committee requests the Government to provide information on the number of cases that have been brought under these provisions. Noting the Government’s indication that most institutions in the private sector have not yet put in place policies on sexual harassment, the Committee recommends that the Government includes similar provisions in the Employment Act.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes from the Government’s report that it has adopted a gender mainstreaming strategy to ensure that a gender perspective is included in all policies and programmes; gender audits have been carried in a number of ministries, including the Ministry of Labour and Home Affairs. The Department of Women’s Affairs has continued its awareness-raising activities on gender equality issues. A review of all laws that discriminate against women is still ongoing. While there is no explicit policy on affirmative action, the Government has nominated women to decision-making positions and allocated special funds to promote women’s participation in economic and income generating activities. The Committee requests the Government to continue to provide more detailed information on the specific measures taken or envisaged to promote and ensure equality of opportunity of men and women in employment and occupation, including access to vocational training and access to credit. Please also provide statistical information available on women’s participation in the labour market (public and private sectors), including self-employment, as well as their share in the informal economy. Finally, the Committee requests the Government to provide information on the measures it takes to eliminate customary practices that are detrimental to women’s equality of opportunity and treatment in employment and occupation, such as the practice of legal guardianship by men over unmarried women.

The situation of indigenous peoples. The Committee recalls that discrimination as set out in Article 1 of the Convention covers discrimination against indigenous peoples and that the national policy to promote equality of opportunity and treatment to be adopted and implemented in accordance with Article 2 should include measures to eliminate discrimination against these peoples. The Committee requests the Government to provide information on the measures taken in this regard, including measures to promote and facilitate the ability of indigenous peoples to pursue their traditional occupations.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret 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 previous direct request, which read as follows:

Legislative developments. The Committee recalls that the principle of equal remuneration for work of equal value is not reflected in the legislation of Botswana, but that amendments to the Employment Act have been under consideration for a number of years with a view to incorporating the provisions of the Convention. The Government repeats in its report that the consultations on these amendments are ongoing. The Committee draws the Government’s attention to its 2006 general observation on this Convention, stressing the importance of giving full legislative expression to the principle of equal remuneration for men and women for work of equal value. The concept of “equal value” is “the cornerstone of the Convention and lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value”. It is important to ensure that the legislation goes beyond equal remuneration for “equal”, “the same” or “similar” work, and that it also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. The Committee urges the Government to ensure that, in the process of amending the Employment Act, full legislative expression is given 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. The Committee also requests the Government to provide a copy of the Employment (Amendment) Act, 2003.

Minimum wages. The Committee notes that the Minimum Wage Advisory Board in making recommendations to the Minister is to take into account a number of factors, including the desirability of the elimination of discrimination between men and women with respect to wages for equal work. The Committee recalls the importance of minimum wage fixing in the application of the principle of the Convention, and notes that the concept of equal wages for “equal work” is narrower than that of equal remuneration for work of equal value. The Committee asks the Government to take measures to ensure that the principle of the Convention is fully reflected in the minimum wage-setting process, and to inform the Committee of any steps taken in this regard.

Objective job evaluation. The Committee notes that the Government refers to a manual setting out the methodology used in job evaluation in the public sector, and states that it addresses the principle of equal remuneration for work of equal value. Noting that the manual to which the Government refers was not included with its report, the Committee asks the Government to forward a copy of the manual setting out the job evaluation methodology, and to provide information regarding any measures taken to promote objective job evaluation in the private sector.

Measures to promote equal remuneration. Noting that the Government’s brief report does not provide information regarding measures taken to promote equal remuneration, the Committee asks the Government to provide information on the policies in place to promote equal remuneration in the private sector, and to reduce the gender pay gap. The Committee also asks the Government to continue providing statistical information on the remuneration received by men and women in the public and private sectors, by industry and occupation.

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

The Committee notes with regret 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 previous direct request, which read as follows:

Legislative developments. The Committee recalls that the principle of equal remuneration for work of equal value is not reflected in the legislation of Botswana, but that amendments to the Employment Act have been under consideration for a number of years with a view to incorporating the provisions of the Convention. The Government repeats in its report that the consultations on these amendments are ongoing. The Committee draws the Government’s attention to its 2006 general observation on this Convention, stressing the importance of giving full legislative expression to the principle of equal remuneration for men and women for work of equal value. The concept of “equal value” is “the cornerstone of the Convention and lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value”. It is important to ensure that the legislation goes beyond equal remuneration for “equal”, “the same” or “similar” work, and that it also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. The Committee urges the Government to ensure that, in the process of amending the Employment Act, full legislative expression is given 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. The Committee also requests the Government to provide a copy of the Employment (Amendment) Act, 2003.

Minimum wages. The Committee notes that the Minimum Wage Advisory Board in making recommendations to the Minister is to take into account a number of factors, including the desirability of the elimination of discrimination between men and women with respect to wages for equal work. The Committee recalls the importance of minimum wage fixing in the application of the principle of the Convention, and notes that the concept of equal wages for “equal work” is narrower than that of equal remuneration for work of equal value. The Committee asks the Government to take measures to ensure that the principle of the Convention is fully reflected in the minimum wage-setting process, and to inform the Committee of any steps taken in this regard.

Objective job evaluation. The Committee notes that the Government refers to a manual setting out the methodology used in job evaluation in the public sector, and states that it addresses the principle of equal remuneration for work of equal value. Noting that the manual to which the Government refers was not included with its report, the Committee asks the Government to forward a copy of the manual setting out the job evaluation methodology, and to provide information regarding any measures taken to promote objective job evaluation in the private sector.

Measures to promote equal remuneration. Noting that the Government’s brief report does not provide information regarding measures taken to promote equal remuneration, the Committee asks the Government to provide information on the policies in place to promote equal remuneration in the private sector, and to reduce the gender pay gap. The Committee also asks the Government to continue providing statistical information on the remuneration received by men and women in the public and private sectors, by industry and occupation.

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

Article 1 of the Convention. Legal protection from discrimination. Recalling its previous comments regarding the legal protection from discrimination available under the Constitution, the Committee notes with satisfaction that its section 15 was amended in 2004 to include the prohibited ground of sex. The Committee requests the Government to take steps so that protection from discrimination based on social origin is also ensured, and to provide information on any cases regarding discrimination in employment and occupation decided by the courts. Recalling its previous comments regarding section 15(4)(e) of the Constitution which allows differential treatment by law where this is “reasonably justifiable in a democratic society”, please indicate how this provision has been and is being applied in practice.

The Employment Act. The Committee notes the Government’s indication that the Employment Act is being amended. Recalling its previous comments noting that the Employment Act currently only prohibits discrimination in respect of termination of employment contracts, the Committee hopes that the Government will take this opportunity to include more comprehensive provisions to prohibit direct and indirect discrimination in employment and occupation, including with regard to recruitment and selection, all terms and conditions of employment, and training. Please indicate any further developments in this regard.

Sexual harassment. The Committee notes with interest that the Public Service Act was amended in 2000 to include new provisions on sexual harassment. Section 32(1) declares sexual harassment to constitute misconduct. A definition of sexual harassment is set out in section 32(2). The Committee requests the Government to provide information on the number of cases that have been brought under these provisions. Noting the Government’s indication that most institutions in the private sector have not yet put in place policies on sexual harassment, the Committee recommends that the Government includes similar provisions in the Employment Act.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes from the Government’s report that it has adopted a gender mainstreaming strategy to ensure that a gender perspective is included in all policies and programmes; gender audits have been carried in a number of ministries, including the Ministry of Labour and Home Affairs. The Department of Women’s Affairs has continued its awareness-raising activities on gender equality issues. A review of all laws that discriminate against women is still ongoing. While there is no explicit policy on affirmative action, the Government has nominated women to decision-making positions and allocated special funds to promote women’s participation in economic and income generating activities. The Committee requests the Government to continue to provide more detailed information on the specific measures taken or envisaged to promote and ensure equality of opportunity of men and women in employment and occupation, including access to vocational training and access to credit. Please also provide statistical information available on women’s participation in the labour market (public and private sectors), including self-employment, as well as their share in the informal economy. Finally, the Committee requests the Government to provide information on the measures it takes to eliminate customary practices that are detrimental to women’s equality of opportunity and treatment in employment and occupation, such as the practice of legal guardianship by men over unmarried women.

The situation of indigenous peoples. The Committee recalls that discrimination as set out in Article 1 of the Convention covers discrimination against indigenous peoples and that the national policy to promote equality of opportunity and treatment to be adopted and implemented in accordance with Article 2 should include measures to eliminate discrimination against these peoples. The Committee requests the Government to provide information on the measures taken in this regard, including measures to promote and facilitate the ability of indigenous peoples to pursue their traditional occupations.

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

1. Legislative developments. The Committee recalls that the principle of equal remuneration for work of equal value is not reflected in the legislation of Botswana, but that amendments to the Employment Act have been under consideration for a number of years with a view to incorporating the provisions of the Convention. The Government repeats in its report that the consultations on these amendments are ongoing. The Committee draws the Government’s attention to its 2006 general observation on this Convention, stressing the importance of giving full legislative expression to the principle of equal remuneration for men and women for work of equal value. The concept of “equal value” is “the cornerstone of the Convention and lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value”. It is important to ensure that the legislation goes beyond equal remuneration for “equal”, “the same” or “similar” work, and that it also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. The Committee urges the Government to ensure that, in the process of amending the Employment Act, full legislative expression is given 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. The Committee also requests the Government to provide a copy of the Employment (Amendment) Act, 2003.

2. Minimum wages. The Committee notes that the Minimum Wage Advisory Board in making recommendations to the Minister is to take into account a number of factors, including the desirability of the elimination of discrimination between men and women with respect to wages for equal work. The Committee recalls the importance of minimum wage fixing in the application of the principle of the Convention, and notes that the concept of equal wages for “equal work” is narrower than that of equal remuneration for work of equal value. The Committee asks the Government to take measures to ensure that the principle of the Convention is fully reflected in the minimum wage-setting process, and to inform the Committee of any steps taken in this regard.

3. Objective job evaluation. The Committee notes that the Government refers to a manual setting out the methodology used in job evaluation in the public sector, and states that it addresses the principle of equal remuneration for work of equal value. Noting that the manual to which the Government refers was not included with its report, the Committee asks the Government to forward a copy of the manual setting out the job evaluation methodology, and to provide information regarding any measures taken to promote objective job evaluation in the private sector.

4. Measures to promote equal remuneration. Noting that the Government’s brief report does not provide information regarding measures taken to promote equal remuneration, the Committee asks the Government to provide information on the policies in place to promote equal remuneration in the private sector, and to reduce the gender pay gap. The Committee also asks the Government to continue providing statistical information on the remuneration received by men and women in the public and private sectors, by industry and occupation.

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

1. Legislative developments. The Committee recalls that currently, sex discrimination is not prohibited in the national legislation and that this lack of legal protection may result in an impairment of the application of the Convention. In this regard the Committee notes from the Government’s report that consultations on amendments to the Employment Act with a view to incorporating the provisions of the Convention are still ongoing. It once again trusts that the future amendments will include a prohibition of sex discrimination in employment, including in remuneration, and will require the payment of equal remuneration between men and women for work of equal value. The Committee asks the Government to continue to provide information on the steps taken in this regard and to submit the copy of the draft amendments or law when adopted for the Committee’s examination.

2. Minimum wages. The Committee notes the Government’s indication that the Minimum Wage Advisory Board does not engage in job evaluation when making recommendations regarding minimum wages. While noting that minimum wages are set irrespective of sex, the Committee asks the Government to indicate the manner in which respect for the principle of equal remuneration for men and women for work of equal value is ensured in this process.

3. Objective job evaluation. The Committee notes that the Patterson job evaluation method is used in the public sector. The Government previously indicated that most organizations in the private sector used internationally recognized job evaluation systems such as the Hay grading system. The Committee asks the Government to provide information on any measures taken to prevent gender bias in the application of these job evaluation methods.

4. Gender pay differentials. The Committee notes the statistical information provided by the Government on estimated average earnings of paid employees by industry, sex and citizenship for March 2005. The data indicates that the level of earnings of male and female employees in the local government is fairly balanced. Concerning central government employment, the estimates suggest that men’s average earnings amounted to 76 per cent of women’s. In contrast average pay received by women in the private sector (citizens and non-citizens) is only as high as 69 per cent of the average pay received by men. The Committee asks the Government to provide information on the policies in place addressing the gender pay gap in the private sector and on any measures taken or envisaged with a view to reducing it. Please also continue to provide detailed statistical information on the remuneration received by men and women in the private, parastatal and public sector, by industry and occupation.

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 previous direct request, which read as follows:

1. The Committee notes that the Government is currently discussing, in consultation with the social partners, amendments to the legislation in order to align the laws to comply with the principle of the Convention. The Committee recalls the fact that sex discrimination is not prohibited in the national legislation and that this lack of legal protection may result in an impairment in the application of the Convention. The Committee trusts that the future amendments will include the prohibition of sex discrimination in employment, including in remuneration, and will require the payment of equal remuneration between men and women for work of equal value. The Committee asks the Government to supply a copy of the draft amendments or law when adopted.

2. From the wage scale in the public sector supplied with the Government’s report, the Committee notes that in higher paid positions (E and F) women’s participation is less than half of men’s. The Committee further notes the Government’s statement that in the public service "determination of wage levels is done through a job evaluation exercise". The Committee urges the Government to supply information on the methodology used in this job evaluation exercise, and reiterates its request for information on the manner in which the Government is trying to equalize wages for work of equal value and reduce the wage gap between men and women in the public sector. Please also continue to provide statistical data on remuneration levels disaggregated by sex and information on the measures taken to promote access by women to positions with higher pay.

3. The Committee notes that the Minimum Wage Advisory Board is competent to recommend fixing or adjusting wages in all sectors of activity. The Committee also notes the information in the Government’s report that "most organizations use internationally recognized job evaluation systems, e.g. Hay Grading System". The Committee asks the Government to provide information on the methodology used by the MWAB for job evaluation exercises, including the specific measures taken to reduce direct and indirect sex bias in the process, in the private sector.

4. The Committee asks the Government to supply statistical data by occupation and levels of remuneration, disaggregated by sex, covering the private sector.

5. The Committee notes that labour inspectors are in charge of the compliance with and application of the relevant labour legislation. Noting that the principle is not contained in the labour law the Committee asks the Government to supply information on the manner in which the requirement of the Convention is supervised and enforced.

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

The Committee notes the information contained in the Government’s detailed report. It asks the Government to provide further information in its next report on the following points.

1. The Committee notes that the Government is currently discussing, in consultation with the social partners, amendments to the legislation in order to align the laws to comply with the principle of the Convention. The Committee recalls the fact that sex discrimination is not prohibited in the national legislation and that this lack of legal protection may result in an impairment in the application of the Convention. The Committee trusts that the future amendments will include the prohibition of sex discrimination in employment, including in remuneration, and will require the payment of equal remuneration between men and women for work of equal value. The Committee asks the Government to supply a copy of the draft amendments or law when adopted.

2. From the wage scale in the public sector supplied with the Government’s report, the Committee notes that in higher paid positions (E and F) women’s participation is less than half of men’s. The Committee further notes the Government’s statement that in the public service "determination of wage levels is done through a job evaluation exercise". The Committee urges the Government to supply information on the methodology used in this job evaluation exercise, and reiterates its request for information on the manner in which the Government is trying to equalize wages for work of equal value and reduce the wage gap between men and women in the public sector. Please also continue to provide statistical data on remuneration levels disaggregated by sex and information on the measures taken to promote access by women to positions with higher pay.

3. The Committee notes that the Minimum Wage Advisory Board is competent to recommend fixing or adjusting wages in all sectors of activity. The Committee also notes the information in the Government’s report that "most organizations use internationally recognized job evaluation systems, e.g. Hay Grading System". The Committee asks the Government to provide information on the methodology used by the MWAB for job evaluation exercises, including the specific measures taken to reduce direct and indirect sex bias in the process, in the private sector.

4. The Committee asks the Government to supply statistical data by occupation and levels of remuneration, disaggregated by sex, covering the private sector.

5. The Committee notes that labour inspectors are in charge of the compliance with and application of the relevant labour legislation. Noting that the principle is not contained in the labour law the Committee asks the Government to supply information on the manner in which the requirement of the Convention is supervised and enforced.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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 previous direct request, which read as follows:

1. The Committee notes that the legislation, regulations and policies governing the public sector and the private sector do not make any specific reference to the principle of equal remuneration between men and women for work of equal value. It views with some concern the fact that sex discrimination is not prohibited in the Constitution, the Employment Act or the Public Service Act, although it does note that the non-binding Public Service Charter includes the principle of equality on grounds of sex and non-discrimination, and that the Minimum Wages Board is to take into account the desirability of eliminating sex discrimination in the setting of wages. Considering that the lack of legal protection against sex discrimination impairs the application of the Convention, the Committee would be grateful if the Government would indicate whether it intends to introduce amendments to prohibit sex discrimination in employment, including in remuneration, and to require equal remuneration between men and women for work of equal value.

2. The Committee draws the attention of the Government to the very broad definition of remuneration contained in Article 1 of the Convention. Noting that the definition of wages in the Employment Act lists a few exclusions including housing, the Committee asks the Government to indicate how the principle of equality between men and women will be applied in respect of the non-wage remuneration emoluments such as housing.

3. Noting the existence of a wage gap between women and men in the public sector, and to a larger extent in the private sector, the Committee asks the Government to provide information on the manner in which it is trying to equalize wages for work of equal value between men and women in the public and private sectors and to reduce the wage gap between men and women in both. In particular please supply information on the manner in which the Wages Council, the Minimum Wages Advisory Board and the Minister of Labour are attempting to do this under their respective competencies in wage fixing.

4. The Committee notes with interest that the Government has adopted various polices promoting equal treatment of and opportunities for women. It asks the Government to provide information on the measures taken under these policies and the results obtained in relation to improving women’s position in the labour market, including in the informal sector, through for example reducing vertical and horizontal segregation.

5. The Committee asks the Government to supply the wage scales of the public service and the numbers of women and men in different occupational categories and their wage levels. It also invites the Government to collect and provide statistical information, disaggregated by sex, in accordance with, in so far as possible, the 1998 general observation on this Convention.

6. Please supply information on the existence of any collective bargaining agreements which include wages or job classifications, and supply copies of any relevant agreements.

7. Please provide information on the manner in which the Commissioner of Labour and Social Security supervises and ensures the application of the relevant legislation and the application of equal remuneration for work of equal value between men and women. Please also indicate whether any relevant complaints have been made and how the complaints have been handled including findings, remedies and sanctions.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the first report submitted by the Government of Botswana.

1. Article 1(1) of the Convention. The Committee notes the protection provided in the Constitution. Noting that the ground of social origin is not covered and that the ground of sex is only manifest in section 3, it requests information on the manner in which discrimination on these two grounds is prohibited.

2. The Committee also notes that the relevant provision of the Employment Act, 1982 (section 23(d)), containing rounds of discrimination, applies only to termination of employment contracts. Therefore, the Committee requests the Government to indicate the manner in which non-discrimination is prohibited in relation to access to vocational training, employment, promotion, and terms and conditions of employment. The Committee also requests the Government to clarify whether the Employment Act, 1982 covers the public service.

3. The Committee would be grateful for clarification on the legal status of the Public Service Charter.

4. Article 1(1)(b).  The Committee notes the Botswana National Policy on HIV/AIDS containing basic principles including equal treatment of workers with HIV/AIDS with other workers, retaining workers with HIV/AIDS as long as they are medically fit to work, and protection of workers with HIV/AIDS from stigmatization and discrimination. In this regard, the Committee asks the Government to indicate whether it intends to define HIV/AIDS status as a ground upon which discrimination is prohibited in employment and occupation under Article 1(1)(b) of the Convention.

5. Article 1(2). While recognizing that the overall purpose of these provisions is to protect persons, the Committee requests the Government to indicate how article 15(4)(e) of the Constitution has been applied in practice. The Committee also notes that article 15(5) of the Botswana Constitution defines another exception in the principle of non-discrimination to the effect that it will not be considered discriminatory if a law makes provision on qualifications for service as a public officer or as a member of a disciplined force or for the qualifications for the service of a local government authority or a body corporate established directly by any law. In this regard, the Committee requests the Government to provide a copy of laws containing such provisions for a disciplined force (a naval, military or air force; a police force; or a prison service), local government authority and private enterprises, and to clarify how they are implemented in practice.

6. Article 2. The Committee notes that the Policy on Women in Development had been adopted in order to promote, among others, equal opportunity and treatment in respect of employment and occupation and the National Gender Programme Framework aimed at operationalizing government commitment on gender and development. It also notes the National Policy on Vocational Education and Training based on an objective, among others, to achieve equity in the provision of vocational education and training for disadvantaged groups such as women and disabled persons. The Committee would be grateful for additional information on the implementation of these policies and the results achieved in applying the Convention. Noting that the abovementioned policies are mostly related to women, the Committee would be grateful if the Government would indicate how national policies are declared and pursued to promote equality on grounds other than sex, listed in the Convention.

7. Article 3(a). Please provide information on cooperation of employers’ and workers’ organizations in the application of the Convention and in the promotion of national policies, such as the Policy on Women in Development, the National Gender Programme Framework and the Botswana National Policy on HIV/AIDS, and other relevant national policies.

8. Article 3(b). The Committee requests information on awareness-raising in women’s equality issues and any other promotional activities undertaken by the Department of Women’s Affairs and the National Council on Women.

9. Article 3(c). The Government indicated that it had engaged a consultant to review all laws which discriminate against women with a view to removing provisions which appear to discriminate against women and, accordingly, is making recommendations. The Committee welcomes the Government’s initiative and requests information on how the recommendations (in particular Nos. 1, 2, 3, 6, 7-13) contained in the report of the consultancy prepared by the Ministry of Labour and Home Affairs are followed up.

10. Article 3(d). The Committee notes that the Public Service Act, 1998, as amended, has the following section:

(section 31(f)):

(It is misconduct for a public officer -)

(f)  who is an appointing authority, to appoint or promote any person to a post in the public service or send any person on a course of training on the basis of consanguinity, affinity, amity, amorous relationship, tribe, favouritism, or on any other consideration other than on merit based on fair and open competition;

In this regard, the Committee invites the Government to consider including in this provision the grounds of discrimination stipulated in the Convention.

11. Noting that section 15(2)(b) of the Public Services Act, 1998 provides that "a female public officer may retire from the public service on marriage" while other men and unmarried women must be 45 years of age to be eligible, the Committee asks the Government to consider repealing the provision or extending it to men as well.

12. Article 3(e). In addition to the adoption of the National Policy on Vocational Education and Training, please provide information on how non-discrimination and equal opportunity is ensured in the activities of the vocational guidance, vocational training and placement services.

13. Article 4. The Government indicated that no legislation or administrative measures govern employment or occupation of persons suspected of or engaged in activities prejudicial to the security of the State. In this regard, the Committee asks the Government how persons are able to challenge decisions in employment, both in the public and private sectors, based on allegations of engaging in activity prejudicial to the security of the State.

14. Please provide statistical information on enforcement actions, information on men and women’s participation in employment and occupation, as well as other research and data that would allow the Committee to assess the application of the Convention in practice.

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

1. The Committee notes that the legislation, regulations and policies governing the public sector and the private sector do not make any specific reference to the principle of equal remuneration between men and women for work of equal value. It views with some concern the fact that sex discrimination is not prohibited in the Constitution, the Employment Act or the Public Service Act, although it does note that the non-binding Public Service Charter includes the principle of equality on grounds of sex and non-discrimination, and that the Minimum Wages Board is to take into account the desirability of eliminating sex discrimination in the setting of wages. Considering that the lack of legal protection against sex discrimination impairs the application of the Convention, the Committee would be grateful if the Government would indicate whether it intends to introduce amendments to prohibit sex discrimination in employment, including in remuneration, and to require equal remuneration between men and women for work of equal value.

2. The Committee draws the attention of the Government to the very broad definition of remuneration contained in Article 1 of the Convention. Noting that the definition of wages in the Employment Act lists a few exclusions including housing, the Committee asks the Government to indicate how the principle of equality between men and women will be applied in respect of the non-wage remuneration emoluments such as housing.

3. Noting the existence of a wage gap between women and men in the public sector, and to a larger extent in the private sector, the Committee asks the Government to provide information on the manner in which it is trying to equalize wages for work of equal value between men and women in the public and private sectors and to reduce the wage gap between men and women in both. In particular please supply information on the manner in which the Wages Council, the Minimum Wages Advisory Board and the Minister of Labour are attempting to do this under their respective competencies in wage fixing.

4. The Committee notes with interest that the Government has adopted various polices promoting equal treatment of and opportunities for women. It asks the Government to provide information on the measures taken under these policies and the results obtained in relation to improving women’s position in the labour market, including in the informal sector, through for example reducing vertical and horizontal segregation.

5. The Committee asks the Government to supply the wage scales of the public service and the numbers of women and men in different occupational categories and their wage levels. It also invites the Government to collect and provide statistical information, disaggregated by sex, in accordance with, in so far as possible, the 1998 general observation on this Convention.

6. Please supply information on the existence of any collective bargaining agreements which include wages or job classifications, and supply copies of any relevant agreements.

7. Please provide information on the manner in which the Commissioner of Labour and Social Security supervises and ensures the application of the relevant legislation and the application of equal remuneration for work of equal value between men and women. Please also indicate whether any relevant complaints have been made and how the complaints have been handled including findings, remedies and sanctions.