Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Labour Relations (Public Service) Convention, 1978 (No. 151) - Botswana (Ratification: 1997)

Other comments on C151

Observation

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Article 1 of the Convention. Application of the Convention to prison staff. In its previous comments, the Committee had recalled that the Convention applies to the prison service and that the exception contained in Article 1(3) of the Convention only applies to the armed forces and the police. The Committee had requested the Government to amend the relevant legislation to ensure that prison officers enjoy the rights enshrined in the Convention. While reaffirming the full application of the present Convention to prison staff, the Committee refers to the most recent comments concerning the collective rights of this category of workers it has made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Article 5. Protection against acts of interference. In its previous comments, the Committee had noted that the legislation did not ensure adequate protection to public employees’ organizations against acts of interference by public authorities in their establishment, functioning or administration. The Committee notes the Government’s indication that the Public Service Act of 2008 is part of the ongoing labour law review. The Committee firmly expects that the necessary measures will be taken in the framework of the ongoing labour review process so as to ensure that the legislation adequately protects public employees’ organizations against acts of interference by public authorities. It requests the Government to provide information on the progress made in this respect.

Application of the Convention in practice. The Committee notes that, in reply to previous observations of the International Trade Union Confederation (ITUC) concerning anti-union discrimination, refusal of union recognition and restrictions to collective bargaining in practice, the Government indicates that there is no persecution of trade union leaders and that the eight public sector unions that exist in the country have successfully negotiated with the Government salary increases for their respective bargaining units for 2019–20 and 2020–21 financial years.