Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes the Government’s report. The Committee notes the adoption of the Trade Unions’ and Employers’ Organizations (Amendment) Act, 2003. It further notes the adoption of the Trade Disputes (Amendment) Act, 2004, and requests the Government to provide a copy thereof.

Article 2 of the Convention. The Committee had previously 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 notes that while the Government indicates that it takes note of the Committee’s comments in this respect, the two amended Acts do not include provisions to this effect. The Committee reiterates its request and asks the Government to keep it informed of measures taken or envisaged in this respect.

Article 4. (a) Parties to collective bargaining. In its previous direct request, the Committee raised a concern about the right of federations and confederations of trade unions to conclude collective agreements. The Committee notes the Government’s indication that the legislation does not prohibit federations of trade unions from concluding collective agreements.

(b) Principle of voluntary collective bargaining. With respect to its previous comments on compulsory arbitration (sections 7 and 9 of the Trade Disputes Act), the Committee notes the Government’s indication that the legislation was amended so as to confer on the Minister the power to refer a dispute to the Industrial Court in the following circumstances: (1) where a dispute involves an essential service; (2) where the Minister is satisfied that the dispute has or may jeopardize the essentials of life or the livelihood of the people of Botswana or a significant section thereof or may endanger the public safety or the life of the community; and (3) when the dispute involves categories of officers regarded as members of management. The Committee will examine the new amendment to the Trade Disputes Act as soon as it is available to it.