Global Rights Index

Context
Legal
In practice

The ITUC affiliate in Botswana is the Botswana Federation of Trade Unions (BFTU).

Botswana ratified Convention No. 87 on Freedom of Association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework and Protection of the Right to Organise (1948) in 1997 and Convention No. 98 on the Right to Organise and Collective Bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
(1949) in 1997.

Click here to see the latest ITUC news and documents about this country.

Legal

Freedom of association / Right to organise

Freedom of association

The right to freedom of association is enshrined in the Constitution.

The right to freedom of association is recognised by law but strictly regulated.

Anti-Union discrimination

The law does not specifically protect workers from anti-union discrimination.

Barriers to the establishment of organisations

Prior authorisation or approval by authorities required for the establishment of a union: Every trade union and federation of trade unions must apply for registration within 28 days after its formation (section 6, Trade Unions and Employers' Organisations Act). Also, the Minister's consent must be granted before two or more trade unions may amalgamate (section 47, Trade Unions and Employers' Organisations Act; section 13, Trade Unions and Employers' Organisations Regulations).

Power to refuse official registration on arbitrary, unjustified or ambiguous grounds: The Registrar must refuse to register a trade union if (1) any of its principal objects or other provision of its constitution is unlawful or inconsistent with the Trade Unions and Employers Organisation Act; (2) the trade union is or has been used for an unlawful purpose; (3) its funds or other property are being or have been applied in an unlawful manner or for an unlawful object or an object not authorised by the Act or the trade union's constitution; (4) its accounts are not being kept in accordance with the Act; or (5) any of its officers has been convicted of and imprisoned for an offence under the Act or the Trade Disputes Act or involving fraud or dishonesty within the immediately preceding five years as at the date of the application. The Registrar must also refuse to register the trade union if any of its officers are not citizens of Botswana, unless the Minister exempts the trade union from this requirement (section 10(2), (3) and (4)(b), Trade Unions and Employers' Organisations Act).

Excessive representativity or minimum number of members required for the establishment of a union: An association must have more than 30 employee members in order to be a trade union as defined by the Trade Unions and Employers' Organisations Act (see definition of trade union in section 2, Trade Unions and Employers' Organisations Act).

Other formalities or requirements which excessively delay or substantially impair the free establishment of organisations: A trade union must provide a list of the full names of all members, a list of every employer or industry that the union claims will be bound to deal with it, and the particulars of every negotiating body to be concerned with the conclusion of collective labour agreements to the Registrar with the application for registration (sections 6(2)(d) and 6(3), Trade Unions and Employers' Organisations Act).

Sanctions imposed for organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. or joining an organisation not officially recognised: Every officer and person acting or purporting to act as an officer of a trade union or federation of trade union that has failed to apply for registration within 28 days of its formation shall be guilty of an offence and liable to a fine not exceeding P100 (section 8, Trade Unions and Employers' Organisation Act).

Restrictions on trade unions’ right to establish branches, federation and confederation or to affiliate with national and international organisations: Trade unions must obtain the prior written consent of the Minister before amalgamating or establishing a federation of trade unions (s 47, Trade Unions and Employers' Organisations Act). Federations of trade unions must be registered in the same way as trade unions, and are subject to the same restrictions concerning registration (sections 5, 6 and 10-12, Trade Unions and Employers' Organisations Act).

Restrictions on workers’ right to form and join organisations of their own choosing

Single trade union system imposed by law and/or a system banning or limiting organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. at a certain level (enterprise, industry and/or sector, regional and/or territorial, national): The Registrar shall refuse to register a trade union if he is satisfied that any other registered trade union is sufficiently representative of the interests in respect of which the application for registration is made (section 10(4)(a), Trade Unions and Employers' Organisations Act).

Undue or excessive privileges granted to certain organisations (such as privileges going beyond that of priority in representation for such purposes as collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other. See collective bargaining agreement or consultation by governments, or for the purpose of nominating delegates to int: Section 48B(1) of the TUEO Act grants certain facilities (such as access to premises or representation of members in case of complaint, etc.) only to unions representing at least one third of the employees in the enterprise.

Restrictions on workers’ right to join the trade union of their choosing imposed by law (i.e. obligation to join a trade union of a certain level e.g. enterprise, industry and/or sector, regional and /or territorial national): No person may join a trade union unless he is an employee in an industry with which the trade union is directly concerned. Also, no individual under the age of 15 years may join a trade union (sections 20 and 21, Trade Unions and Employers' Organisations Act).

Restrictions on trade unions’ right to organise their administration

Restrictions on the right to freely draw up their constitutions and rules: The Trade Unions and Employers' Organisations Act imposes a number of substantive requirements on the constitution and rules of trade unions and federations of trade unions, including that membership of a trade union is dependent on the person's employment in an industry in which the trade union is directly concerned, and on the person not being employed by the trade union (section 21). It also imposes requirements with respect to the number and appointment of trustees of the trade union and the calling of extraordinary general meetings (sections 25 and 29, Trade Unions and Employers' Organisations Act). Amendments to the constitution of a trade union or a federation of trade unions shall only take effect upon registration thereof by the Registrar (section 34(5), Trade Unions and Employers' Organisations Act).

Restrictions on the right to elect representatives and self-administer in full freedom: Persons who are not citizens of Botswana may not be elected as officers of a trade union without the consent of the Minister (sections 10(3) and 12(3), Trade Unions and Employers' Organisations Act). In addition, section 20(3) prohibits young members (15–18 years old) from being officers or trustees of a workers’ or employers’ organization. Furthermore, no person may become an officer of a trade union or federation of trade unions if he or she (1) is an employee of the trade union or federation; (2) is not a member of trade union or federation; or (3) has been employed in a relevant industry for less than one year (section 22(1), Trade Unions and Employers' Organisations Act). The expenditure of trade union finances is regulated by Part IX of the Trade Unions and Employers' Organisations Act, which prescribes an exhaustive list of the purposes to which trade union funds may be applied (section 39). In addition to the requirement on trade unions to submit an annual return to the Registrar by 30 April each year, the Registrar may require, at any time, the treasurer of a trade union to provide a just and true account of all moneys received or disbursed by the treasurer during any period specified by the Registrar (sections 43 and 44, Trade Unions and Employers' Organisations Act; section 12, Trade Unions and Employers' Organisations Regulations). The Registrar may also inspect the books of account of a trade union at any reasonable time (section 45, Trade Unions and Employers' Organisations Act).

Restrictions on the right to freely organise activities and formulate programmes: A person may not become a full-time employee of a trade union or federation of trade unions without the agreement of the Registrar (section 24, Trade Unions and Employers' Organisations Act).

Administrative authorities’ power to unilaterally dissolve, suspend or de-register trade union organisations: The Registrar may cancel the registration of a trade union or federation of trade unions if he is satisfied that its accounts are not being kept in accordance with the Trade Unions and Employers' Organisations Act, or if the Registrar is satisfied that the trade union has failed to give significant effect to the provisions of its constitution providing for the protection and promotion of the respective sectional industrial interests of members working at more than one trade or calling. The Registrar must give notice of his intention to cancel the registration, and the trade union must show cause in writing and satisfy the Registrar that its registration should not be cancelled upon any such inquiry as the Registrar considers necessary in the particular circumstances. Where a trade union's registration is cancelled, the trade union shall be dissolved, its assets disposed of and its officers prohibited from managing, organising or acting on behalf of or as an officer of the trade union (sections 12(4)-(10) and 14, Trade Unions and Employers' Organisations Act). Further, the Minister may declare every office in a trade union or federation of trade unions vacant and its executive committee and other organs dissolved, and vest the functions attached to those offices and organs in a public officer, if the Minister forms the opinion that there are reasonable grounds to believe that the affairs of the trade union are being conducted, either wholly or in part, (1) without regard to the principles of sound financial management; (2) in a manner oppressive to one or more members of the trade union or federation of trade unions or disregarding or prejudicial to the proper interests of one or more such members; or (3) otherwise than in conformity with the Trade Unions and Employers' Organisations Act, any regulations made thereunder or with the constitution of the trade union or federation (section 51, Trade Unions and Employers' Organisations Act). Finally, sections 11 and 15 of the TUEO Act result in the automatic dissolution and banning of activities of non-registered organizations.

Other external interference allowed by law: The representative of the Minister shall be entitled to attend and take part in every meeting of the body in which the ultimate authority of a registered federation of trade unions is vested of the federation's executive committee (section 30, Trade Unions and Employers' Organisations Act). Other provisions of Part VI of the Trade Unions and Employers' Organisations Act further establish detailed rules regarding the timing, attendance and record-keeping of meetings of trade unions and federations of trade unions and permit the Registrar to call or direct annual general meetings and inspect the records of minutes of general meetings (see in particular sections 28 and 32, Trade Unions and Employers' Organisations Act). Section 43 of the TUEO Act provides for inspection of accounts, books and documents of a trade union by the Registrar at “any reasonable time”.

Categories of workers prohibited or limited from forming or joining a union, or from holding a union office

Other civil servants and public employees: Public officers and persons (other than those belonging to the industrial class) employed by a local authority are excluded from the right to freedom of association (see definition of employee and trade union in section 2, Trade Unions and Employers' Organisations Act).

Non-national or migrant workers: Persons who are not citizens of Botswana may not be elected as officers of a trade union without the consent of the Minister (sections 10(3) and 12(3), Trade Unions and Employers' Organisations Act).

Right to collective bargaining

The right to collective bargaining is recognised by law but strictly regulated.

Restrictions on the principle of free and voluntary bargaining

Exclusion of certain matters from the scope of bargaining (e.g. wages, hours): Certain operational and managerial decisions, such as those regarding the introduction of a new product or service or technology, investment decisions, shareholder distribution and the closing of a product line or service, are excluded from the scope of collective bargaining. However, the procedure for implementing such decisions, or for dealing with the consequences of such decisions (e.g., retrenchments), may be dealt with by collective agreements (p 6.5, Code of Good Practice: Collective Bargaining).

Compulsory conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator. See arbitration, mediation and / or binding arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities. See conciliation, mediation procedure in the event of disputes during collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other. See collective bargaining agreement , other than in essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services. See Guide to the ITUC international trade union rights framework: Section 20(3) and section 18(1)(a) and (e) of the Trade Disputes Act allow the Industrial Court to refer a trade dispute to arbitration, including where only one of the parties made an urgent appeal to the Court for determination of the dispute.

Authorities’ or employers’ power to unilaterally annul, modify or extend content and scope of collective agreements: Any party to a collective agreement may repudiate a collective agreement upon one month's notice, provided that no such notice shall be served within six months from the date on which the agreement came into force without the permission of the Minister (section 37(2), Trade Disputes Act 2003).

Limitations or ban on collective bargaining in certain sectors

Other civil servants and public employees: Members of the Prison Service are excluded from the definition of employee in section 2 of the Trade Disputes Act 2003, and all public officers (save those at an industrial level) are excluded from the definition of employee in section 2 of the Trade Unions and Employers' Organisations Act.

Other limitations

Other limitations: Members of management may not be represented by a negotiating body, whether or not a registered trade union, in relation to matters bearing upon their employment, unless the negotiating body represents only members of management and no other employees. Members of management are employees who (1) have authority, on behalf of the employer, to exercise discretion in relation to employment, transfer, suspension, promotion, etc., or to make recommendations in relation to such actions; (2) participate in making general policy regarding relations between the employer and employees; or (3) are required to have full knowledge of the financial position of the undertaking or enterprise, or are given free personal access to confidential information relating to the conduct of the business (section 61, Trade Union and Employers' Organisations Act).

Right to strike

The right to strike is recognised by law but strictly regulated.

Ban or limitations on certain types of strike actions

Restrictions with respect to the objective of a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms. See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons): Strike action may only be taken with respect to interest disputes, i.e., a trade dispute between an employer or an employers' organisation on the one hand, and employees or a trade union on the other, that cannot be resolved through enforcing legal rights (pp. 2.1-2.3, Code of Good Practice: Strikes and Lockouts).

Restrictions with respect to type of strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms. See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action (e.g. pickets, wild-cat, working to rule, sit-down, go-slow go-slow A form of industrial action whereby the workers deliberately reduce their pace of work in order to restrict output. See work-to-rule ): Pickets are unlawful if they are attended in such numbers or conducted in such a manner as to be likely to intimidate a person in a place where the picket is held, obstruct the approach thereto or egress therefrom, or lead to a breach of the peace (section 54, Trade Unions and Employers' Organisations Act; see also the Code of Good Conduct: Picketing). Further, a trade union must not picket the premises of an employer during the strike if the parties have concluded an agreement on the provision of a minimum service during the strike or, if no such agreement is concluded, within 14 days of the commencement of the strike (section 40(3), Trade Disputes Act).

Undermining of the recourse to strike actions or their effectiveness

Possibility to replace workers during lawful strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms. See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike actions: The employer may employ replacement labour after 14 days from the commencement of the strike action, unless the parties agree to provide a minimum service during the strike or otherwise agree not to use replacement labour, or the mediator determines that replacement labour cannot be used (pp. 5.2 and 5.4, Code of Good Practice: Strikes and Lockouts).

Excessive civil or penal sanctions for workers and unions involved in non-authorised strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms. See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike actions: Employees who take strike action knowing that the probable consequence of the action will be to deprive the public or any section of it of an essential service, or to endanger human life or public health, cause serious bodily injury or expose valuable property to the risk of destruction, deterioration, loss or serious damage, commits an offence and may be liable to a fine and/or 12 months' imprisonment for taking strike action, unless the dispute has been reported to the Commissioner and remains unsettled after 21 days (sections 43(1), 45 and 47, Trade Disputes Act 2003). Also, persons who participate in an unlawful picket may be liable to a fine and/or up to six months' imprisonment (section 54, Trade Unions and Employers' Organisations Act).

In practice

Migrant workers cannot form their own union19-09-2019

The Botswana Federation of Trade Unions (BFTU) reports that on 19 September 2019, migrant workers who had decided to organise and form a union, sending all the relevant application forms for registration, were denied recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. by the Registrar. They were told that they must join unions in the respective sectors in which they are employed. Such a limitation constitutes a violation of article 2 of ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights Convention 87 which provides that workers, without distinction whatsoever, have the right to establish and to join organisations of their own choosing without previous authorisation.

Workers dismissed for organising31-08-2019

An employee at Panda, a concrete and stone manufacture, was dismissed for organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. a meeting at the request of employees who wanted to join a union. The employees had agreed and tasked him to contact the Botswana Federation of Trade Unions (BFTU) and find out which union they could join. The meeting was held after working hours, but he was called for disciplinary hearing after being accused of delaying the bus that was supposed to transport staff from the work place. The chairperson at the hearing found him guilty, and he was transferred to Gaborone from where he was

based. Due to his low salary, he could not afford rent and food where he was transferred, so he failed to report for duty and was dismissed.

Similarly, BFTU reports that in KGK and MK Suresh, both mining companies, union members have seen their contracts being terminated, while others are being intimidated by the management for their union membership. In these companies, the management also refused to grant recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. to the unions.

Workers prevented from taking collective action at Debswana Mining20-07-2019

On 19 July 2019, the Botswana Mine Workers Union did not succeed in delivering a petition to Debswana Mining, a diamond mining company, in relation to unsatisfactory conditions of service after failed negotiations and consultation meetings between the union and management. While the meeting was agreed upon between themselves and their employer, it appears that the company refused to receive the delegation. Therefore, a peaceful demonstration was scheduled the following day at Jwaneng and Letlhakane worksites.

However, workers were prevented from peacefully protesting by the Letlhakane police authorities, who rejected the union’s permit application under the pretext that “they were constrained by commitments and other issues beyond their control.”

Undeterred, union members still arranged to hold a meeting at the community hall where they had been granted access and paid for the venue accordingly. However, the Botswana Police Service intervened to stop the meeting from proceeding by sending a large number of police officers to the venue.

The Botswana Federation of Trade Unions (BFTU) later met with the Commissioner of Police, who apologised for the actions of the police and reassured the union that such interference would not happen again.

Botswana union challenges leader’s unfair dismissal15-04-2019

The unfair dismissal of Goleba Botshome, the general secretary of the Botswana Diamond Workers Union (BDWU), by Pluczenik Diamonds exposes the gross human and workers’ rights violations that are rampant in the diamond sector in Botswana.

The BDWU demanded her immediate reinstatement and an end to all of forms of victimisation and union busting union busting Attempts by an employer to prevent the establishment of a trade union or remove an existing union, e.g. by firing union members, challenging unions in court, or by forming a yellow union. . Botshome, who worked for Pluczenik Diamonds for nine years, was dismissed in November 2018 on allegations of poor work performance and negligence; she then challenged this dismissal in the Industrial Court in Gaborone. Botshome claimed that Pluczenik held only a sham disciplinary process.

BDWU added that the decision is “unprocedural, harsh, vindictive and calculated to eliminate a staunch union leader”.

Botshome’s dismissal is against national labour laws and the International Labour Organization International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights Conventions. These violations validate IndustriALL’s complaint to the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights Committee on the Application of Standards on the Botswana government’s violation of trade union rights in 2018.

Court decides against anti-union discrimination at Botswana University of Agriculture 20-03-2017

The Manual Workers Union successfully litigated against the decision of the Botswana University of Agriculture and Natural Resources (BUAN) not to extend a 3% inflation adjustment to the staff members who were union members. The University argued that the unions had advocated against the adjustment in 2016 when it was offered to all public workers, and were therefore excluded from its application. The Court found the regulation to be discriminatory and awarded a correction in payment of the adjustment backdated from 1 April 2016 when the adjustment was granted to all public service workers.

Public sector union leaders under attack 12-12-2016

Several public sector union leaders experienced dismissal, termination of secondment or abusive transfer resulting in serious impediments to trade union activity. The Secretary General of the Botswana Land Board & Local Authorities & Health Workers Union (BLLAHWU), Ketlhalefile Motshegwa, was dismissed after being charged with being absent from duty, contrary to his authorised secondment to the trade union office in accordance with a previous agreement with the Government. The President of Botswana Federation of Public & Private Sector Unions (BOFEPPUSU), Johannes Tshukudu, was transferred to another ministerial department with the effect that he was neither eligible for his function nor for the upcoming elections for the presidency of the Botswana Teachers Union (BTU). The former president of BTU, Japhta Radibe, was compelled into early retirement. BOFEPUSU consider that these actions were deliberately aimed at obstructing the trade union movement in the country.

Government fails to negotiate with unions prior to the planned liquidation of BCL Limited, resulting in putting in danger more than 6000 jobs 09-10-2016

More than 6,000 mine workers in Botswana will lose their jobs following the move to place state-owned mining company BCL Limited into voluntary liquidation. This includes an estimated 5,500 workers at the BCL copper mine in Selebi Phikwe and 700 workers at the Tati Nickel Mine in Francistown. In addition, another 1,000 contract workers will lose their jobs at BCL.

The Government announced that it was closing BCL Limited on 7 October. The company was placed into liquidation on 9 October. All jobs were terminated by the end of that month. The decision regarding liquidation came without any warning or attempt to negotiate with the Botswana Mine Workers Union (BMWU). The liquidation procedure did not include any provisions for workers, while many of them live in company houses, obtain child school allowance or received medical treatment provided by the company healthcare program, including HIV medication. The appointed liquidator refused to recognise the company’s retrenchment agreement as a basis for the conditions of retrenchment.

Police brutally attacks peaceful picket organized by unemployed youths 08-08-2016

The Botswana Federation of Public Sector Unions (BOFEPUSU) has condemned the manner in which the Botswana police force handled a peaceful picket organised on 8 August.

A number of unemployed youth organised a peaceful picket in front of the Parliament, seeking legislators’ intervention to force the Government to create more jobs. The police responded with force, assaulting many of the participants, leaving them with visible scars. A number of journalists present were also assaulted and forced to delete any footage they had retained. Some of the participants, as well as journalists, were later detained on charges of “public nuisance”, including the president of the Botswana National Front Youth League.

Unions not allowed to address the Parliament 15-07-2016

The Government ignored the requests of the Botswana Federation of Public Sector Unions (BOFEPUSU) to be allowed to address the General Assembly over the proposed legislative reform that that would drastically limit freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework and collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
in the public sector. The amendment to the Trade Dispute Act extends the status of essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
to the entire civil service and the amendment to the Public Service Act provides that members of the Public Service Bargaining Council are to be chosen by the Government. BOFEPUSU argued that the request had been formally lodged three times, without response. The Speaker of the National Assembly and her office denied receiving any such requests. The union intended to hold countrywide demonstrations against the draconian laws and in protest at not being allowed to raise its concerns with the Parliament.

Government blocks demonstration of miners 05-07-2016

The Government withdrew its previous authorisation for a march organized by the Botswana Mine Workers Union (BMWU). The march was scheduled to take place in Gabarone in order to make a formal delivery of a petition to the Office of the President. BMWU intended to highlight the urgent need to address deteriorating conditions in the mining sector, especially with regard to pay structure, bad living conditions, failing transportation of shaft workers and unsafe mining methods. According to the Government, the demonstration in the capital city might have been disruptive. A possible march in another location (Selebi-Phikwe) was proposed instead. BMWU filed a complaint to the court.

Management of Unitrans fails to bargain in good faith with unions 15-06-2016

The management of Unitrans consistently refused to bargain with the Botswana Transport and Allied Workers Union (BOTRAWU). The union acquired recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. in April 2014 after an overwhelming majority of the workforce endorsed it. Since then, the management failed to bargain on a number of labour issues, including the enforcement of the wage negotiations agreement, lack of payment of the agreed meal allowance, taxing of wages for numerous deductions, and the reduced working hours of the trade union members. The company also dismissed 24 union members without any consultation with the union. All of those workers participated in a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike that took place early in 2015.

BOTRAWU applied to the High Court seeking a declaration that Unitrans was in breach of the wage negotiations agreement. The union also registered a dispute with District Labour offices on the other unfair labour practices. However, Unitrans did not attend the meeting at the Ministry of Labour offices on 15 June where the matter was to be heard.

The Parliament further undermines the right to strike arbitrarily extending the list of “essential services” 09-07-2015

The Botswana Federation of Public Sector Unions (BOFEPUSU) and the Botswana Federation of Trade Unions (BFTU) expressed their concern with respect to the unilateral decision of the Parliament to approve amendments differing from the ones that underwent the evaluation of the Labour Advisory Committee. Both unions, in fact, are part of such consultative body that previously examined the changes to be made in legislation. Nevertheless, the Parliament decided unilaterally and with no consultation whatsoever to add four other categories to the essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
list. In particular, the categories of teachers, state broadcasters, immigration and custom service workers were added to the already lengthy list. The categories named in the list having no right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike at all already included workers of the Bank of Botswana; railway services; health care; fire-fighting, military; transport services; telecommunications infrastructure; electricity; water; sewage teachers; veterinarians and diamond mines. It was, in fact, in 2011 right after the last major strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike of public service workers (following which 2,844 public sector workers were dismissed for strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike activity) that the Botswana government introduced the statutory instrument prohibiting strikes among essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
. Nevertheless, even for those workers not employed in essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
, the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is in general severely undermined, considering that all strikes are illegal unless compulsory arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation procedures are first exhausted.

Australian mining company locks out workers and prevents trade unionists from entering the enterprise premises05-03-2015

The Australian listed mining company, Discovery Metals Limited (DML), locked out 422 workers and abandoned its Boseto Copper Mine, using help from the Botswana police force. Workers were ordered to stop working during the night shift at about 2.30 a.m. on 27 February and told to move all equipment to the surface halfway. They were then assembled together with all other workers at the mine and told by DML’s Chief Executive Officer, Bob Fulker, in the presence of members of the Botswana police force, that management had no authority at the mine any longer and that they must leave the mine premises, including company accommodation, immediately. Workers were not allowed to ask questions, were forced onto buses by the police and abandoned in Maun, a town 90 kilometers away. The Botswana Mine Workers Union (BMWU) was not informed of this decision by management prior to the lockout lockout A form of industrial action whereby an employer refuses work to its employees or temporarily shuts down operations. . When BMWU officials arrived at the mine, they were initially refused entry onto the premises by police and then denied access to workers by management. Three hours later management reluctantly allowed the officials to speak to the remaining workers about to board the last two buses.

Disruption at workers’ rally23-03-2013

A workers’ rally held by the Botswana Federation of Public Sector Unions (BOFEPUSU) at Ditshegwane was disrupted by the BDP Youths and Security Agents who intimidated workers taking pictures and videos of them and threatening that they would give the images to the employer to ensure the dismissal of the participating workers.

Refusal to reinstate public sector workers20-03-2013

The High Court of the Republic of Botswana, ruled that the mass dismissals carried out on 16 May 2011 after the national strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , were justified. (High Court Civil Case, MAHLB 000631 11). The Botswana Landboards and Local Authorities Workers’ Union, Botswana Public Employees’ Union and the National Amalgamated Local and Central Government and Parastatal Workers’ Union received a judgement on 21^st June 2012, reinstating the 2,934 workers. It is against this decision that the Attorney General appealed, for and on behalf of the Director of Public Service Management.

Government bans unions’ songs19-09-2012

The Director of Public Service Management (DPSM), Carter Morupisi, warned the Botswana Sector for Educators Trade Union (BOSETU) about singing songs that could be considered as “provocative” after union members sang songs during the celebration of their 25^th anniversary and annual conference. He pointed out that “good working relations between the employees and the employer” will be strained, if BOSETU did not stop singing songs about food allowances and higher wages.

Refusal to recognise unions20-06-2012

The Botswana Technology Centre (BOTEC) refused to recognise the National Amalgamated Local & Central Government Workers Union (NALCGWU) on the grounds that it had previously reached a recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. agreement with the Maranyane Staff Union. On 20 June 2012, the Industrial Court ruled in favour of NALCGWU.

Refusal to bargain in good faith23-05-2012

On 23 May 2012, the Botswana Federation of Public Sector Unions (BOFEPUSU) complained that the government had not nominated its representatives to the bargaining council and was thus delaying salary negotiations. The government had also failed to give the unions information on its total workforce and wage bill.

Obstacles to collective bargaining13-03-2012

On 13 March 2012, the Government announced that no collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
agreement would be concluded with the Botswana Federation of Public Sector Unions (BOFEPUSU) in 2012 and 2013. This decision was reversed in May 2012.

Collective bargaining still weak31-12-2011

Collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
remains weak, as few unions meet the 25% representational criteria. The bargaining strength of unions in the public sector was sorely tested during the year, with the government refusing to give ground.