Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (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.

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.