Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee notes the observations from the Botswana Federation of Trade Unions (BFTU) received on 1 October 2020. The BFTU indicates that the Government submitted in 2019 a revised list of essential services to Parliament, without previously consulting the Labour Advisory Board (LAB) as provided by the law. The BFTU further indicates that the reports submitted to the ILO in 2019 and 2020 have not been consulted with the social partners. Finally, the BFTU alleges that the last tripartite meeting to discuss the measures to be taken to address the COVID-19 pandemic took place on 17 March 2020. Many measures have been taken since then without consultation. The Committee requests the Government to provide its comments in this regard.

Article 5(1) of the Convention. Effective tripartite consultations. In its 2018 observation, the Committee requested the Government to provide detailed updated information on the content and outcome of effective tripartite consultations held within the Labour Advisory Board (LAB) and the High Level Consultative Committee (Sub-HLCC) on all matters related to international labour standards covered under Article 5(1) of the Convention, particularly with regard to the possible ratification of the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129). The Committee further requested information on the frequency of consultations, as well as on jurisprudence relevant to the application of the Convention. The Government reports that the LAB met in 2016 and 2017 to discuss the Trade Disputes Bill of 2015 and the appointment of mediators and arbitrators. The Government also refers to the Labour Sector Committee of the High Level Consultative Council (HLCC), a tripartite structure that discusses issues pertaining to labour and employment, indicating that the HLCC meets four times a year. The Government adds that Botswana’s labour laws are currently being reviewed by a tripartite Labour Law Review Committee with a view to aligning them with the provisions of ratified ILO Conventions, closing legislative gaps and transposing various judicial decisions into law. Noting that the Government has not provided the information requested relating to the implementation of Article 5(1) of the Convention, the Committee once again requests that the Government provide updated detailed information on the specific content and outcome of effective tripartite discussions held by the relevant bodies on all matters related to international labour standards as required under Article 5(1)(a) through (e) of the Convention, including with respect to the possible ratification of Conventions Nos 81 and 129. The Committee also invites the Government to continue to provide information on the activities of the tripartite bodies concerned, as well as on the results of the review of the tripartite Labour Law Review Committee insofar as they are relevant to the application of the provisions of the Convention.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.