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

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

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.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Application of the Convention in practice. Regretting the absence of any comment from the Government in this respect, the Committee is obliged to reiterate its request to the Government to reply to the observations of the International Trade Union Confederation (ITUC) concerning cases of anti-union discrimination, refusal of union recognition and restrictions to collective bargaining in practice.

Article 1 of the Convention. Application of the Convention to prison staff. In its previous comments, the Committee recalled that the Convention applies to the Botswana prison service. The Committee notes the Government’s indication that: (i) it has noted the concern expressed by the Committee; and (ii) while prison officers, governed by the Prisons Service Act, still remain part of the disciplined forces, support personnel at the Department of Prison and Rehabilitation are covered by labour laws and thus enjoy the right to associate. Recalling that the exception contained in Article 1(3) of the Convention only applies to the armed forces and the police, the Committee reiterates its hopes that the Government will take steps in the near future to amend the relevant legislation to ensure that prison officers enjoy the rights enshrined in the Convention, and urges the Government to provide information on any developments in this regard.

Article 5. Protection against acts of interference. In its previous comments, the Committee had invited the Government to ensure that the revision of the Public Service Act would include the incorporation of a provision providing 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 is still under review and that the Committee’s comments will be examined. The Committee urges the Government to provide information on any developments so as to ensure that legislation adequately protects public employees’ organizations against acts of interference by public authorities.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Application of the Convention in practice. The Committee requests the Government to provide its comments on the observations of the International Trade Union Confederation (ITUC) received on 1 September 2014 concerning cases of anti-union discrimination, refusal of union recognition and restrictions to collective bargaining in practice.

Article 1 of the Convention. Application of the Convention to prison staff. In its previous comments, the Committee recalled that the Convention applies to the Botswana prison service. Noting the Government’s indication in its report that there have been no developments regarding this issue, the Committee once again hopes that the Government will take steps in the near future to amend the Public Service Act, the Trade Union and Employers’ Organizations Act and the Trade Disputes Act to ensure that the prison service enjoys the rights enshrined in the Convention, and urges the Government to provide information on any developments in this regard.

Article 5. Protection against acts of interference. In its previous comments, the Committee indicated that current legislation does 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 in its report that the review of the Public Service Act has still not been completed, but that it will incorporate a provision similar to section 56 of the Trade Unions and Employers’ Organizations Act that makes it unlawful for employers to make trade union membership or involvement in trade union activities a condition of employment or to prohibit employees from joining a trade union or participating in its activities. The Committee recalls however that the issue at stake concerns the question of acts of interference by public authorities as described in a detailed manner in Article 2 of the Convention. The Committee invites the Government to ensure that the revision of the Public Service Act results in the Act including a provision in this regard and recalls that the Government may, if it so wishes, avail itself of ILO technical assistance in this regard. The Committee urges the Government to provide information on any developments so as to ensure that legislation adequately protects public employees’ organizations against acts of interference by public authorities.

[The Government is asked to report in detail in 2015.]

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

The Committee notes the comments of the International Trade Union Confederation (ITUC) of 31 July 2012 concerning the application of the Convention, and particularly mass dismissal of trade unionists from the public sector and interference by employers and the authorities in trade union activities.

Article 1 of the Convention. Application of the Convention to prison staff. In its previous comments, the Committee noted that the Public Service Act, the Trade Union and Employers’ Organizations Act (TUEO), as amended in 2003, and the Trade Disputes Act did not apply to the Botswana prison service. It also noted the Government’s statement that national laws define the prison service as a security service. The Committee notes the Government’s indication in its report that: (1) the Trade Disputes Act is under review with the technical assistance of the Office; (2) consultations on this subject are also being held; and (3) the Committee’s requests have been noted and will be taken into consideration. Furthermore, the Committee notes that, in its report on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Government indicates that this issue is of national interest and that wider consultation is necessary with the ministries concerned, the social partners and other stakeholders. The Committee recalls that under Article 1 of the Convention, only the police, the armed forces and 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 application of the Convention. The Committee hopes that the Public Service Act, the TUEO and the Trade Disputes Act will be amended in the near future to ensure that the prison service enjoys the rights enshrined in the Convention, and urges the Government to provide information on any developments in this regard.

Article 5. Protection against acts of interference. In its previous requests, the Committee indicated that the current legislation does not ensure adequate protection to public employees’ organizations against acts of interference by public authorities in their establishment, functioning or administration. The Committee also noted the Government’s indication that the Public Service Act was being reviewed and that the Committee’s comments would be taken into account. The Committee notes that, in its report, the Government repeats its previous statements, adding that the Cabinet authorized the amendment of the Act by Presidential Decree of 7 June 2012. The Committee hopes that the Government will soon be in a position to report progress in the revision of the Public Service Act and recalls that the Government may, if it so wishes, avail itself of ILO technical assistance in this regard. The Committee urges the Government to provide information on any developments in this regard.

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

Article 1 of the Convention. In its previous observation, the Committee had noted that the Botswana prison service is excluded from the scope of the Public Service Act, the Trade Union and Employers’ Organizations (Amendment) Act 2003 (TUEO) and the Trade Disputes Act. The Committee also noted the Government’s statement that the Botswana prison service has been determined by national laws and regulations to be providing a security service. The Committee notes that the Government indicates in its report that prison services, in accordance with article 19 of the Constitution, are part of the disciplined forces and that these forces are not permitted to unionise and reiterates that the prison services are not only part of the justice system but they have also security responsibilities. In this respect, the Committee once again recalls that under Article 1 of the Convention, 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. Accordingly, the Committee once again requests the Government to amend section 2 of the TUEO Act, section 2 of the Trade Disputes Act and section 35 of the Prisons Act, so as to guarantee for the prison service the rights enshrined in the Convention.

Article 5. In its previous comments, the Committee had noted that the current legislation does not provide adequate protection to public employees’ organizations from acts of interference by the public authorities in their establishment, functioning or administration. The Committee had noted that, according to the Government, the Public Service Act was being reviewed and that consideration would be given to the Committee’s comments. Therefore, the Committee had requested 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. Noting the Government’s indication that consultation on the matter is still ongoing, the Committee once again hopes that the Government will make every effort to take the necessary action in the near future and invites the Government to avail itself of the technical assistance of the Office in this regard, if it so wishes.

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

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

The Committee notes the Trade Union and Employers’ Organizations (TUEO) (Amendment) Act, 2003, and the Trade Disputes (Amendment) Act, 2004.

Article 1 of the Convention. The Committee had noted that the TUEO Act had been amended and now includes the “public officers”, including the unified local government service and the unified teaching service. However, the Committee noted 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 noted 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 recalled 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. Accordingly, the Committee requests the Government to amend section 2 of the Trade Union and Employers’ Organizations (TUEO) (Amendments) Act, 2003, section 2 of the Trade Disputes Act, and section 35 of the Prisons Act so as to guarantee for the prison service the rights enshrined in the Convention.

Article 5. The Committee notes that the current legislation does not provide 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.

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

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

The Committee notes that the Government’s report has not been received. It must therefore repeat the points raised in its previous observation:

The Committee notes the Trade Union and Employers’ Organizations (TUEO) (Amendment) Act, 2003, and the Trade Disputes (Amendment) Act, 2004.

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.

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

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. Article 1 of the Convention. The Committee notes that the Botswana Prison Service, the Unified Local Government Service and the Unified Teaching Service are excluded from the scope of the Public Service Act. The Committee also notes the Government’s statement that other Acts are applicable to these categories of public servants. In this respect, the Committee would 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 indicate how the Convention is applied to the Botswana Prison Service, the Unified Local Government Service and the Unified Teaching Service.

2. Articles 4 and 5. The Committee notes that the current legislation does not protect public employees against acts of anti-union discrimination in respect of their employment or provide 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, legislative amendments are in progress in this regard. The Committee requests the Government to ensure that draft legislation guarantees public employees adequate protection against acts of anti-union discrimination in respect of their employment and 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 current legislation does not provide that facilities be afforded to representatives of recognized public employees’ organizations to enable them to carry out functions promptly and efficiently, both during and outside their hours of work. The Committee also notes that according to the Government, legislative amendments are in progress in this regard. The Committee requests the Government to ensure that draft legislation guarantees that facilities be afforded to representatives of recognized public employees’ organizations to enable them to carry out functions promptly and efficiently, both during and outside their hours of work.

4. Article 8. The Committee notes that the legislation establishes a procedure for the settlement of all trade disputes involving industrial class employees but this procedure does not apply to permanent and pensionable public servants. The Committee requests the Government to amend its legislation to ensure 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, conciliation and arbitration.

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

The Committee notes the information provided by the Government in its first report. The Committee would draw the Government’s attention to the following points.