Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (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.

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.