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

The Committee notes the Government’s report. The Committee notes the Trade Unions and Employers’ Organizations (TUEO) (Amendment) Act, 2003 and the Trade Disputes (Amendment) Act, 2004.

1. Article 1 of the Convention. The Committee notes with interest that the TUEO Act has been amended and now includes the "public officers", including the unified local government service and the unified teaching service. However, the Committee notes that the Botswana prison service is still excluded from the scope of the Public Service Act, the TUEO Act and the Trade Disputes Act. The Committee also notes the Government’s statement that the Botswana prison service has been determined by national laws and regulations to be providing a security service. In this respect, the Committee would once again recall that under Article 1, only the police, the armed forces, high-level employees, whose functions are normally considered as policy-making or managerial, and employees whose duties are of a highly confidential nature, may be excluded from the scope of the Convention. The Committee requests the Government to provide the national laws and regulations which cover the Botswana prison service.

2. Article 5. The Committee notes that the current legislation provides adequate protection to public employees’ organizations from acts of interference by the public authorities in their establishment, functioning or administration. The Committee notes that according to the Government, the Public Service Act is being reviewed and consideration will be given to the Committee’s comments. Therefore, the Committee requests the Government to ensure that draft legislation contains precise provisions providing adequate protection to public employees’ organizations from acts of interference by the public authorities in their establishment, functioning or administration.

3. Article 6. The Committee notes that new sections 48(B) and 48(C) of the TUEO Act now provides for organizational rights of recognized trade unions. Among other things, authorized representatives of the trade union have access to employer’s premises for purposes of recruiting members, holding meetings, representing members and for deduction of trade union dues.

4. Article 8. The Committee notes with satisfaction that the Trade Disputes Act establishing procedures for the settlement of trade disputes has been amended and now ensures that disputes arising in connection with the determination of terms and conditions of employment for permanent and pensionable public servants may be settled through negotiation between the parties concerned or through independent and impartial machinery such as mediation and arbitration.