Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Botswana

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1997)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1997)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the Botswana Federation of Public, Private and Parastatal Sector Unions (BOFEPUSU) communicated with the Government report.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee welcomes the provisions of the Employment and Labour Relations Bill, 2025, which define both quid pro quo (blackmail) and hostile working environment sexual harassment (Parts I and IV) and prohibit all forms of harassment based on prohibited grounds, including sexual harassment, recognizing it as a form of discrimination. (section 18(3)). It notes that the Bill criminalizes such conduct, with penalties including fines, imprisonment of up to five years, or both (sections 18(4) and (6)). The Bill further introduces preventive and remedial measures requiring employers to address workplace violence and harassment, including gender-based harassment (section 18(b)), and allows complaints to be referred to mediation and the courts (Part VI). The Committee also welcomes the information on workplace policies adopted by employers to address sexual harassment. It also takes note of the concerns expressed by the UN Committee on the Elimination of Discrimination against Women (CEDAW) regarding the: (1) lack of clarity about the renewal of the National Action Plan on gender-based violence; (2) limited information on the effectiveness of the Sexual Offenders Registry; and (3) the need to strengthen protection against sexual harassment of women and girls in educational settings (CEDAW/C/BWA/CO/5, 10 July 2025, paras 26(a)-(b)(f) and 34(a) and (e)). The Committee requests the Government to provide further information on the practical implementation and impact of the measures addressing sexual harassment under the Employment and Labour Relations Bill, 2025, including enforcement mechanisms, complaints received, and sanctions applied once the Bill is in force. It also asks the Government to clarify the status and renewal of the National Action Plan on gender-based violence, to report on the effectiveness of the Sexual Offenders Registry, and to indicate the measures taken to strengthen protection against sexual harassment in educational settings.

Article 1(1)(a). Scope of application. Workers excluded. The Committee notes that section 3 of the Employment and Labour Relations Bill, 2025 excludes from its scope of application certain categories of workers, including members of the defence force, police, prison service, as well as the personnel of the intelligence and security, anti-corruption and drug-enforcement bodies. It further notes that section 3 of the Public Service Act, 2008 contains similar provisions, excluding members of the defence force, police, and prison service from its scope. After reviewing the Police Act, 1972, the Prisons Act, 1979 and the Defence Force Act, 2018, the Committee observes that while these laws regulate matters related to employment, remuneration and working conditions, they do not contain specific provisions protecting against discrimination in employment and occupation. Although the Police Act and Prisons Act make officers subject to the Public Service General Orders, these Orders do not expressly prohibit discrimination on the grounds set out in Article 1(1)(a) of the Convention nor apply to members of the defence force. The Committee therefore asks the Government to indicate how the categories of workers that are excluded from the scope of application of the Employment and Labour Relations Bill and the Public Service Act (including the Public Service General Orders) are specifically protected against discrimination on all the grounds set out in Article 1(1)(a) of the Convention,

Article 2. Equality of opportunity and treatment of men and women. From the statistics provided, the Committee notes that in 2024 women remain concentrated in occupations such as education, sales, and domestic work, with low representation in engineering, construction and the armed forces. They also remain under-represented in decision-making positions, holding only 163 of 988 posts as managing directors and chief executives, and none among 177 senior government officials and 829 legislators. The Government highlights several initiatives aimed at addressing gender stereotypes and harmful cultural practices, these include: (1) programmes promoting men’s involvement in family and community life, such as the Men Care Programme, Men in the Kitchen, and Monna Tia, implemented in partnership with civil society organizations to encourage positive masculinity, strengthen male role-modelling, and reduce father absenteeism; (2) implementation of the Abolition of Marital Power Act (removing the legal designation of men as heads of households and eliminating restrictions previously placed on women’s legal capacity) also continues across sectors; or (3) the Government’s efforts to advance positive cultural practices by engaging tribal chiefs, religious leaders, and other community actors in efforts to promote women’s human rights. The Committee notes also the Government acknowledgment that it has yet to adopt concrete measures to ensure a more equitable sharing of domestic and caregiving responsibilities between men and women. The Committee however notes the CEDAW’s concerns about: (1) discriminatory customary laws, limited outreach to challenge gender stereotypes, and barriers to women’s access to justice due to sexist attitudes; and (2) persistent horizontal and vertical segregation in both public and private sectors, women’s concentration in low-paid and unpaid care work, and the enduring barriers to their political participation arising from patriarchal norms, the absence of family-friendly workplaces and limited childcare support (CEDAW/C/BWA/CO/5, 10 July 2025, paras 22(a)(b), 30(d) and 36(a)(c)). The Committee asks the Government to continue addressing the underlying causes of discrimination and de facto inequalities resulting from discrimination deeply entrenched in customary practices and societal values, including awareness-raising activities to challenge stereotyped assumptions that the main responsibility for family care lies with women. The Committee requests the Government to provide information on any measures taken in this regard and impact on the situation of women in the labour market.

Indigenous peoples. The Committee again asks the Government to provide information on: (i) any measures taken to ensure equality of opportunity and treatment of disadvantaged segments of the population, including minority indigenous groups, in employment and occupation; (ii) their right to engage without discrimination in their traditional occupations on their lands and livelihoods; and (iii) their effective access to education. It also asks the Government to provide specific information on the outcomes of the Affirmative Action Framework and other remote area development programmes, particularly regarding education, training, and employment opportunities for indigenous peoples.

Convention No. 100 – Principle of equal remuneration between men and women for work of equal value

Article 2. Minimum wages. The Government reports that the Employment and Labour Council, which has replaced the Minimum Wage Advisory Board, continues to consider the elimination of wage discrimination when setting minimum wages. It adds that an ILO-supported review of the minimum wage system, including an assessment of gender pay disparities, has been completed, and is now under internal consultation. The Committee notes the observation of BOFEPUSU, which welcomes the establishment of the Council and its role in addressing minimum wage issues. The Committee asks the Government to: (i) indicate the measures adopted by the Employment and Labour Council to ensure that sectoral minimum wage rates are free from gender bias and that wages in female-dominated sectors are not undervalued compared to those in male-dominated sectors; and (ii) provide copies of any Minimum Wage Orders adopted for specified groups or sectors.

Article 3. Objective job evaluation. Public sector. The Government explains that job evaluations in the public service are based on job descriptions and the Paterson System, which grades jobs according to levels of decision-making responsibility. In this regard, the Committee recalls that when using such systems, particular care must be taken to ensure that job evaluations are free from gender bias, and that the selection of factors for comparison, the weighing of such factors, and the actual comparison carried out are not discriminatory, either directly or indirectly. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. (see 2012 General survey on the fundamental Conventions, paras 695–701). The Committee asks the Government to provide information on measures taken to ensure that job evaluation methods in both the public and private sectors are free from gender bias, including with respect to the selection and weighing of factors for comparison. It also asks the Government to provide information on any such objective job evaluation methods used by the Employment and Labour Council to design or adjust sectoral or occupational minimum wage schemes.

Conventions Nos   100 and 111 – Application in practice

Enforcement and awareness-raising. The Government indicates that the Labour Inspectorate conducts targeted inspections on workplace discrimination and abuse, having addressed one case of sexual harassment and racial discrimination that led to the revocation of the perpetrator’s work permit. In addition, the Government indicates some of initiatives put in place by the Ministry of Labour to address any issues of concern experienced by the workers and employers: (1) toll-free line where people can report cases of discrimination and any other matters; (2) an open door policy and workers can walk in at time and report any cases; (3) a facebook page and a radio programme where inspectors educate employers and members of the public about labour laws; and (4) close relationship with the Ministry of Justice on human rights issues and human trafficking with the aim of protecting the public, workers and employers against human trafficking and human rights violations. However, the Committee observes that no information was provided on measures to strengthen the capacity of labour inspectors, judges, or other officials to identify and address discrimination. The Committee asks the Government to provide information on any training or capacity-building activities for the relevant authorities, and to continue to provide detailed information on cases of discrimination in employment and occupation addressed by the labour inspectorate or the courts and the remedies granted.