Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee takes note of the first report submitted by the Government of Botswana.

1. Article 1(1) of the Convention. The Committee notes the protection provided in the Constitution. Noting that the ground of social origin is not covered and that the ground of sex is only manifest in section 3, it requests information on the manner in which discrimination on these two grounds is prohibited.

2. The Committee also notes that the relevant provision of the Employment Act, 1982 (section 23(d)), containing rounds of discrimination, applies only to termination of employment contracts. Therefore, the Committee requests the Government to indicate the manner in which non-discrimination is prohibited in relation to access to vocational training, employment, promotion, and terms and conditions of employment. The Committee also requests the Government to clarify whether the Employment Act, 1982 covers the public service.

3. The Committee would be grateful for clarification on the legal status of the Public Service Charter.

4. Article 1(1)(b).  The Committee notes the Botswana National Policy on HIV/AIDS containing basic principles including equal treatment of workers with HIV/AIDS with other workers, retaining workers with HIV/AIDS as long as they are medically fit to work, and protection of workers with HIV/AIDS from stigmatization and discrimination. In this regard, the Committee asks the Government to indicate whether it intends to define HIV/AIDS status as a ground upon which discrimination is prohibited in employment and occupation under Article 1(1)(b) of the Convention.

5. Article 1(2). While recognizing that the overall purpose of these provisions is to protect persons, the Committee requests the Government to indicate how article 15(4)(e) of the Constitution has been applied in practice. The Committee also notes that article 15(5) of the Botswana Constitution defines another exception in the principle of non-discrimination to the effect that it will not be considered discriminatory if a law makes provision on qualifications for service as a public officer or as a member of a disciplined force or for the qualifications for the service of a local government authority or a body corporate established directly by any law. In this regard, the Committee requests the Government to provide a copy of laws containing such provisions for a disciplined force (a naval, military or air force; a police force; or a prison service), local government authority and private enterprises, and to clarify how they are implemented in practice.

6. Article 2. The Committee notes that the Policy on Women in Development had been adopted in order to promote, among others, equal opportunity and treatment in respect of employment and occupation and the National Gender Programme Framework aimed at operationalizing government commitment on gender and development. It also notes the National Policy on Vocational Education and Training based on an objective, among others, to achieve equity in the provision of vocational education and training for disadvantaged groups such as women and disabled persons. The Committee would be grateful for additional information on the implementation of these policies and the results achieved in applying the Convention. Noting that the abovementioned policies are mostly related to women, the Committee would be grateful if the Government would indicate how national policies are declared and pursued to promote equality on grounds other than sex, listed in the Convention.

7. Article 3(a). Please provide information on cooperation of employers’ and workers’ organizations in the application of the Convention and in the promotion of national policies, such as the Policy on Women in Development, the National Gender Programme Framework and the Botswana National Policy on HIV/AIDS, and other relevant national policies.

8. Article 3(b). The Committee requests information on awareness-raising in women’s equality issues and any other promotional activities undertaken by the Department of Women’s Affairs and the National Council on Women.

9. Article 3(c). The Government indicated that it had engaged a consultant to review all laws which discriminate against women with a view to removing provisions which appear to discriminate against women and, accordingly, is making recommendations. The Committee welcomes the Government’s initiative and requests information on how the recommendations (in particular Nos. 1, 2, 3, 6, 7-13) contained in the report of the consultancy prepared by the Ministry of Labour and Home Affairs are followed up.

10. Article 3(d). The Committee notes that the Public Service Act, 1998, as amended, has the following section:

(section 31(f)):

(It is misconduct for a public officer -)

(f)  who is an appointing authority, to appoint or promote any person to a post in the public service or send any person on a course of training on the basis of consanguinity, affinity, amity, amorous relationship, tribe, favouritism, or on any other consideration other than on merit based on fair and open competition;

In this regard, the Committee invites the Government to consider including in this provision the grounds of discrimination stipulated in the Convention.

11. Noting that section 15(2)(b) of the Public Services Act, 1998 provides that "a female public officer may retire from the public service on marriage" while other men and unmarried women must be 45 years of age to be eligible, the Committee asks the Government to consider repealing the provision or extending it to men as well.

12. Article 3(e). In addition to the adoption of the National Policy on Vocational Education and Training, please provide information on how non-discrimination and equal opportunity is ensured in the activities of the vocational guidance, vocational training and placement services.

13. Article 4. The Government indicated that no legislation or administrative measures govern employment or occupation of persons suspected of or engaged in activities prejudicial to the security of the State. In this regard, the Committee asks the Government how persons are able to challenge decisions in employment, both in the public and private sectors, based on allegations of engaging in activity prejudicial to the security of the State.

14. Please provide statistical information on enforcement actions, information on men and women’s participation in employment and occupation, as well as other research and data that would allow the Committee to assess the application of the Convention in practice.