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Equal Remuneration Convention, 1951 (No. 100) - Botswana (Ratification: 1997)

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

Previous comment

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.

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

Previous comment

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.

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 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. 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)

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. 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.

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.

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 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.

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