Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Botswana (Ratification: 1997)

Article 3 of the Convention. The Committee had previously requested the Government to amend section 10 of the Trade Unions and Employers Organisations (Amendment) Act, 2003 (TUAEO Act) so as to afford industrial organizations an opportunity to rectify the absence of some of the formal registration requirements provided for in that section, and to repeal sections 11 and 15, which result in the automatic dissolution and banning of activities of non-registered organizations. The Committee notes the Government’s request for a clarification as to what constitutes an unregistered trade union. The Committee understands that a trade union which has not been registered would not have a legal personality and would therefore be unable to fulfil its activities and enjoy the protections afforded to trade unions by the law (see section 16 of TUAEO). The Committee recalls in this respect that although the official recognition of an organization through its registration constitutes a relevant aspect of the right to organize, as it is the first measure to be taken so that organizations can fulfil their role effectively, the exercise of legitimate trade union activities should not be dependent upon registration. The Committee reiterates its previous request and asks the Government to provide information in its next report on the progress made in this regard.