LABOUR RIGHTS INDEX 2022

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LRI 2022
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lri 2022 Country Profiles

Botswana

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Botswana’s overall score is 44.5 out of 100. The overall score for Botswana is lower than the regional average observed across Sub-Saharan Africa (64.4). Within the Sub-Saharan Africa region, the highest score is observed for Guinea (80.5).

Botswana ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1997 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1997.

Labour Rights Index 2022

44.5/100

LRI Country Score

25/100

Trade Union Indicator

29.96 %

Trade union density rate (%)

34.5 %

Collective bargaining coverage rate (%)

2.91

SDG indicator 8.8.2

4

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

Yes

1

§13, Constitution 1966; §20 & 21, Trade Unions and Employers’ Organization Act, 1983

No Violation Found

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§37(6), 40 & 41, Trade Disputes Act, 2016; CEACR, C98, Obs. 2020

A

Does the law provide for the right to strike?

No

0

§46 & 47 Trade Disputes Act, 2016

A

Does the law prohibit employers from terminating employment contracts of striking workers?

No

0

§43(3) & 44, Trade Disputes Act, 2016; CEACR, C87, DR 2020

B

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

To find an ITUC affiliate in your country, please check the LINK:

Violations

No Violation

Violations

National Labour Legislation
§37(6) of Trade Disputes Act, 2016

37. ( 1) For the purposes of this section, a trade union includes two or more
trade unions acting jointly.
(2) Any trade union seeking recognition in terms of the Trade Unions and
Employers’ Organizations Act may, in the prescribed form, apply to the
Commissioner for recognition in an industry. ·
(3) On receipt of the application, the Commissioner shall call for representations
by-
(a) publishing a notice in the Gazette; and
(b) publishing a notice in a newspaper with national circulation.
(4) After considering the representations, the Commissioner shall call a
meeting of all interested organisations and attempt to facilitate the establishment of
a joint industrial council.
(5) If the Commissioner fails to establish a joint industrial council, the
Commissioner shall determine whether or not the trade union has at least one
third of the employees in the industry as members.
(6) If the Commissioner is satisfied that the trade union represents at least
one third of the employees in an industry, the Commissioner shall issue a
certificate in the prescribed form, certifying that the trade union is a recognised
trade union in the industry.
(7) A party aggrieved by a decision of the Commissioner granted in terms of
this section may appeal to the Industrial Court against that decision.

Violations

National Labour Legislation
§46 & 47 Trade Disputes Act, 2016

46. ( 1) The following are designated essential services –
(a) Air Traffic Control Services;
(b) Botswana Vaccine Laboratory Services;
(c) BankofBotswana;
(d) Diamond Sorting, Cutting and Selling Services;
(e) Electricity Services;
(j) Fire Services;
(g) Health Services;
(h) Operational and Maintenance Services of the Railways;
(i) Sewerage Services;
(J) Water Services;
(k) Veterinary Services in the Public Service;
(l) Teaching Services;
(m) Government Broadcasting Services;
(n) Immigration and Customs Services;
(o) Transportation and Distribution Services of Petroleum Products;
and
(p) services necessary to the operation of any of the foregoing services.
(2) The Minister may, after consultation with the Board, by Statutory Instrument
published in the Gazette declare any service not referred to in subsection (1),
essential in the event the interruption of the service which, as a result of the
duration of a strike, endangers life, safety or health of the whole or part of the
population, or harms the economy.
(3) For the purpose of subsection (2), “duration of a strike” means seven
continuous days or more.
(4) Where a service is declared essential in accordance with subsection (2) –
(a) a trade dispute involving the service shall be resolved in accordance
with section 50; and
( b) upon resolution of the trade dispute, such service shall cease to be an
essential service.
47. No –
(a) employee in essential services shall take part in a strike; and
(b) employer in essential services shall take part in a lockout.

Violations

ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)
CEACR, C87, DR 2020

Article 3 of the Convention. Right of workers’ organizations to organize their activities and formulate their programmes. In its previous comments, the Committee drew the Government’s attention to several provisions of the Trade Unions and Employers Organisations’ Act (TUEO Act) and of the Trade Disputes Act (TDA), which are not fully in line with the Convention, and requested the Government, in the framework of the ongoing labour law reform, to take the necessary measures, in consultation with the social partners.
(…)
With regard to the TDA:
-amend section 43(3) (prohibiting an employer to hire workers to replace striking or locked-out workers only if the parties have concluded an agreement on the provision of minimum services or, if no such agreement has been made, within 14 days of the commencement of the strike). The Committee notes the Government’s indication that the Labour Law Review Committee (LLRC) understands that this provision is rightfully placed because the minimum service to which it refers to, is not related to essential services, but to the regulation of strikes in general, and that, accordingly, this provision has not been proposed for amendment. The Committee wishes to clarify that the suggested amendment is aimed at limiting the power to hire external replacement workers, so that it is only permitted in cases of acute national crisis, to essential services in the strict sense of the term and to cases where minimum service can be imposed, and
-amend section 43(4) (prohibiting picketing if the parties have concluded an agreement on the provision of minimum services or, if no such agreement has been made, within 14 days of the commencement of the strike or lockout). The Committee notes the Government’s indication that the LLRC understands that this provision is rightfully placed because the minimum service to which it make reference to, is not related to essential services, but to the regulation of strikes in general, and that, accordingly, this provision has not been proposed for amendment. The Committee wishes to clarify that the suggested amendment is aimed at allowing pickets to take place in the absence of an agreement on the provision of minimum services and at any time after the commencement of a strike or lockout.