Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Botswana (Ratification: 1997)

The Committee notes that the Government’s report has not been received and hopes that a report will be supplied for examination by the Government at its next session and that it will contain full information on the matters raised in its previous direct request.

The Committee further notes the comments submitted by the International Confederation of Free Trade Unions (ICFTU) in a communication of 31 August 2005 and requests the Government to communicate its observations on these comments in its next report.

Articles 1, 2 and 4 of the Convention. The Committee notes that the Government amended the Trade Disputes Act and the Trade Unions and Employers’ Organization Act in order to include in their scope public officers other than the armed forces, the police and the prison services. The Committee recalls that the guarantees provided by the Convention apply to prison staff. The Committee requests again the Government to amend its legislation in order to bring it in full conformity with the Convention and to keep it informed of measures taken or envisaged in this respect.

Article 2. The Committee had noted that the legislation did not contain specific provisions for the protection of workers’ organizations against acts of interference by employers and their organizations and requested the Government to amend its legislation by adopting specific provisions ensuring adequate protection of workers’ organizations against acts of interference by employers or employers’ organizations in the establishment, functioning or administration of trade unions, coupled with effective and sufficiently dissuasive sanctions. The Committee requests again the Government to keep it informed of measures taken or envisaged to afford legislative protection against acts of interference.

The Committee is also addressing a request directly to the Government on certain other points.