Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Botswana (Ratification: 1997)

Article 1 of the Convention. Legal protection from discrimination. Recalling its previous comments regarding the legal protection from discrimination available under the Constitution, the Committee notes with satisfaction that its section 15 was amended in 2004 to include the prohibited ground of sex. The Committee requests the Government to take steps so that protection from discrimination based on social origin is also ensured, and to provide information on any cases regarding discrimination in employment and occupation decided by the courts. Recalling its previous comments regarding section 15(4)(e) of the Constitution which allows differential treatment by law where this is “reasonably justifiable in a democratic society”, please indicate how this provision has been and is being applied in practice.

The Employment Act. The Committee notes the Government’s indication that the Employment Act is being amended. Recalling its previous comments noting that the Employment Act currently only prohibits discrimination in respect of termination of employment contracts, the Committee hopes that the Government will take this opportunity to include more comprehensive provisions to prohibit direct and indirect discrimination in employment and occupation, including with regard to recruitment and selection, all terms and conditions of employment, and training. Please indicate any further developments in this regard.

Sexual harassment. The Committee notes with interest that the Public Service Act was amended in 2000 to include new provisions on sexual harassment. Section 32(1) declares sexual harassment to constitute misconduct. A definition of sexual harassment is set out in section 32(2). The Committee requests the Government to provide information on the number of cases that have been brought under these provisions. Noting the Government’s indication that most institutions in the private sector have not yet put in place policies on sexual harassment, the Committee recommends that the Government includes similar provisions in the Employment Act.

Article 2. Equality of opportunity and treatment of men and women. The Committee notes from the Government’s report that it has adopted a gender mainstreaming strategy to ensure that a gender perspective is included in all policies and programmes; gender audits have been carried in a number of ministries, including the Ministry of Labour and Home Affairs. The Department of Women’s Affairs has continued its awareness-raising activities on gender equality issues. A review of all laws that discriminate against women is still ongoing. While there is no explicit policy on affirmative action, the Government has nominated women to decision-making positions and allocated special funds to promote women’s participation in economic and income generating activities. The Committee requests the Government to continue to provide more detailed information on the specific measures taken or envisaged to promote and ensure equality of opportunity of men and women in employment and occupation, including access to vocational training and access to credit. Please also provide statistical information available on women’s participation in the labour market (public and private sectors), including self-employment, as well as their share in the informal economy. Finally, the Committee requests the Government to provide information on the measures it takes to eliminate customary practices that are detrimental to women’s equality of opportunity and treatment in employment and occupation, such as the practice of legal guardianship by men over unmarried women.

The situation of indigenous peoples. The Committee recalls that discrimination as set out in Article 1 of the Convention covers discrimination against indigenous peoples and that the national policy to promote equality of opportunity and treatment to be adopted and implemented in accordance with Article 2 should include measures to eliminate discrimination against these peoples. The Committee requests the Government to provide information on the measures taken in this regard, including measures to promote and facilitate the ability of indigenous peoples to pursue their traditional occupations.