Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Equal Remuneration Convention, 1951 (No. 100) - Botswana (Ratification: 1997)

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Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. The Committee notes that there is a lack of availability of up-to-date statistical information disaggregated by sex regarding the remuneration received by women and men, and their participation in the labour market. The Committee draws the Government’s attention to the fact that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures and make any necessary adjustments in order to better promote the principle of equal remuneration for men and women for work of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 891). To allow an assessment to be made regarding the gender pay gap in the public and private sectors, the Committee asks the Government to: (i) collect and compile statistical information disaggregated by sex regarding the distribution of women and men in different occupational categories or sectors of the economy, and their respective levels of earnings; (ii) conduct research or studies on the gender pay gap, if any, and its underlying causes; and (iii) provide such data and information. The Committee asks the Government to consider taking measures to promote equal remuneration for men and women for work of equal value, including measures to address any underlying causes of pay differentials, such as vertical and horizontal job segregation and gender stereotypes.

Articles 1, 2(2)(a) and 3. Equal remuneration for work of equal value. Definition of remuneration. Objective job evaluation. Legislative framework. The Committee recalls that, for a number of years, it has been drawing the Government’s attention to the lack of legislative expression of the principle of equal remuneration for men and women for work of equal value. It notes that the Employment Act only provides that “[i]n formulating its recommendations to the Minister, the [Labour Advisory] Board shall take into account […] the desirability of eliminating discrimination between the sexes in respect of wages for equal work” (section 133(2)(b)), which is narrower than the principle of the Convention. With a view to ensuring that women and men have a legal basis for asserting their right to equal remuneration for work of equal value with their employers and before the competent authorities, the Committee asks the Government to take the necessary measures to review the Employment Act, to: (i) give full legislative expression to the principle of equal remuneration for men and women for work of equal value; (ii) introduce a broad definition of the term “remuneration” in line with Article 1(a) of the Convention; and (iii) introduce provisions promoting the use of objective job evaluation methods free from gender bias, to fully implement the principle of the Convention. It also asks the Government to provide information on any steps taken in this regard.

The Committee is raising other matters in a request addressed directly to the Government.