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

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Botswana (Ratification: 1997)

The Committee notes the Government’s first report on the application of the Convention. It would be grateful if the Government would provide further information in its next report on the practical application of the Convention, including indications on the following matters.

1. Articles 2 and 5 of the Convention. The Committee notes that the Fifth Schedule to the Employment Act provides for the Labour Advisory Board to exercise very limited functions, and the Government’s statement that the Employment Act has not been modified to provide for procedures which ensure effective consultation on all the matters covered in Article 5, paragraph 1. Please indicate whether the Minister of Labour has modified or is contemplating modifying the Fifth Schedule to the Employment Act in order to expand the terms of reference of the Labour Advisory Board so as to cover all the matters set out in paragraph 1. The Committee draws the Government’s attention to the fact that each Member which ratifies the Convention undertakes to operate procedures which ensure effective consultation on all the matters covered in Article 5. The nature and form of these procedures should be determined in each country in accordance with national practice after consultation with the representative organizations, where such procedures have not yet been established. The Committee hopes that in its next report the Government will be able to indicate that consultations have been held to establish the procedures provided for in Article 2 of the Convention and that the relevant procedures have been adopted as a result of these consultations. The Government may wish to have recourse to the assistance of the Office in this regard.

2. Article 4, paragraph 1. Please describe any arrangements made for the financing of any necessary training of participants in the consultative procedure.

3. Article 5. The Committee notes that, according to the Government’s report, consultations were held through the Labour Advisory Board. Please provide particulars of any consultations held during the period covered by the report on each of the matters set out in paragraph 1, including information as to the frequency of such consultations, and indicate the nature of any reports or recommendations made as a result of such consultations.

4. Article 6. Please provide particulars of any consultations that may have taken place with the representative organizations on the question of issuing an annual report on the working of the procedures provided for in the Convention.