ILO criticises Botswana

OARABILE MOSIKARE
Staff Writer | Wednesday June 12, 2013 00:00

 

The Committee of Experts on Application of ILO Conventions and Recommendations has requested to be given Statutory Instrument No. 50 of 2011 (Public Service Regulations), which were unilaterally made by President Ian Khama outside the bargaining process.'The committee in its report notes that in spite of the request, the government has not yet complied and as such has not yet received the Statutory Instrument No. 50 of 2011.It has further requested government to account for selective implementation of the Public Service Act and the dysfunctional PSBC,' the committee says. 

With respect to adherence to the Right to Organise and Collective Bargaining Convention 1949 (No. 98 in Botswana), the committee said: 'It has noted Information raised by Education International (EI) in a communication dated September 19, 2011 concerning the Public Service Act, that it is being implemented selectively, the status of the Bargaining Council that it is not functional as government undermines it, and the unilateral determination and changes of the terms and conditions of employment in the Public Service (in matters that should be left to parties) through the issuance of the statutory instrument No. 50 of 2011.

Similar comments were raised by International Trade Union Confederation (ITUC) in a communication dated July 21, 2012'.The committee said it has previously requested government to amend Section 2 of the Trade Dispute Act and Section 2 of the Trade Union and Employer's Organisation Act and Section 35 of Prisons Act to ensure that the prison staff are afforded all guarantees provided under the convention.

'It has further noted that in its previous report, the government had no intention to grant the prison staff the right to unionise,' it said.The committee has condemned the government for the provisions of the Prisons Act Section 35 (3) that stipulates that a prisons officer may only become a member of an association established by the minister and regulated in the manner prescribed.

'It has further criticised the Botswana government for Section 35 (4) of the Prisons Act that stipulates that any prisons officer who becomes a member of a trade union or anybody affiliated to a trade union shall be liable to be dismissed from the service.The committee requests the government of Botswana to consult the most represented trade union on the issue in an endeavour to amend the statutes stated above and should provide information on the consultations.  This would ensure the rights of the prison staff as enshrined in the convention are enjoyed.The committee once again calls on the government to take the necessary measures to ensure that all union committee members, including those of unregistered trade unions, enjoy an adequate and specific protection against anti-union discrimination,' it ways.