Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Botswana (Ratification: 1997)

1. The Committee notes that the legislation, regulations and policies governing the public sector and the private sector do not make any specific reference to the principle of equal remuneration between men and women for work of equal value. It views with some concern the fact that sex discrimination is not prohibited in the Constitution, the Employment Act or the Public Service Act, although it does note that the non-binding Public Service Charter includes the principle of equality on grounds of sex and non-discrimination, and that the Minimum Wages Board is to take into account the desirability of eliminating sex discrimination in the setting of wages. Considering that the lack of legal protection against sex discrimination impairs the application of the Convention, the Committee would be grateful if the Government would indicate whether it intends to introduce amendments to prohibit sex discrimination in employment, including in remuneration, and to require equal remuneration between men and women for work of equal value.

2. The Committee draws the attention of the Government to the very broad definition of remuneration contained in Article 1 of the Convention. Noting that the definition of wages in the Employment Act lists a few exclusions including housing, the Committee asks the Government to indicate how the principle of equality between men and women will be applied in respect of the non-wage remuneration emoluments such as housing.

3. Noting the existence of a wage gap between women and men in the public sector, and to a larger extent in the private sector, the Committee asks the Government to provide information on the manner in which it is trying to equalize wages for work of equal value between men and women in the public and private sectors and to reduce the wage gap between men and women in both. In particular please supply information on the manner in which the Wages Council, the Minimum Wages Advisory Board and the Minister of Labour are attempting to do this under their respective competencies in wage fixing.

4. The Committee notes with interest that the Government has adopted various polices promoting equal treatment of and opportunities for women. It asks the Government to provide information on the measures taken under these policies and the results obtained in relation to improving women’s position in the labour market, including in the informal sector, through for example reducing vertical and horizontal segregation.

5. The Committee asks the Government to supply the wage scales of the public service and the numbers of women and men in different occupational categories and their wage levels. It also invites the Government to collect and provide statistical information, disaggregated by sex, in accordance with, in so far as possible, the 1998 general observation on this Convention.

6. Please supply information on the existence of any collective bargaining agreements which include wages or job classifications, and supply copies of any relevant agreements.

7. Please provide information on the manner in which the Commissioner of Labour and Social Security supervises and ensures the application of the relevant legislation and the application of equal remuneration for work of equal value between men and women. Please also indicate whether any relevant complaints have been made and how the complaints have been handled including findings, remedies and sanctions.