Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Other comments on C144

Observation

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Article 5 (1) of the Convention. Effective tripartite consultations. In response to the Committee’s previous comments, the Government indicates that consultations have been held with the Botswana Federation of Trade Unions (BFTU), the Botswana Federation of Public Service Employees Union (BOFEPUSU) and Business Botswana (BB) on matters to be discussed by the International Labour Conference (ILC). It adds that the Minister of Employment, Labour Productivity and Skills Development is responsible for submitting Conventions and Recommendations to the National Assembly for discussion regarding their possible ratification. The Government specifies that reports submitted under article 22 of the ILO Constitution are prepared in consultation with the social partners. The Committee notes the Government’s indication that, on 24 May 2018, the Government and the social partners discussed the agenda of the 107th Session of the ILC. The Government also indicates that an ILO expert conducted a gap analysis in relation to the possible ratification of the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), which were submitted to the competent authority for consideration. The Committee notes that the Government does not provide information on effective tripartite consultations held on the submission of instruments adopted by the Conference (Article 5(1)(b)) or the possible denunciation of ratified Conventions (Article 5(1)(e)). The Committee also welcomes the information provided in the Government’s report concerning the jurisprudence of the Court of Appeals in respect of the application of the Convention. In particular, it notes the Court’s ruling, which invalidated Statutory Instrument No. 57 of 2011 due to lack of prior consultation with the social partners. The Committee reiterates its request that the Government provide updated detailed information concerning the content and outcome of effective tripartite discussions held within the Labour Advisory Board and the High Level Consultative Committee (Sub-HLCC), indicating the frequency of such consultations, on all matters related to international labour standards within the scope of Article 5(1) of the Convention, particularly in relation to the possible ratification of Conventions Nos 81 and 129. In addition, the Committee requests the Government to continue to provide information on jurisprudence relevant to the application of the provisions of the Convention.