Mabeo tells ILO, 'chill'
Bame Piet | Friday June 16, 2017 17:45
This is with regard to a case brought before the ILO committee on the Application of Conventions and Recommendations, lodged by local trade unions.
He said that the government was in the process of amending several legislations, such as the Employment Act and the Trade Unions and Employers Organisations Act, amongst others to address any disparities. “It is my considered opinion that this case has been brought prematurely to the Committee on the Application of Conventions and Recommendations. The law reform and other consultation processes should be allowed to take their course and their outcome inform the decision whether this matter should be before this committee,” he told the convention.
Mabeo said that the exclusion of prison officers from coverage of Trade Disputes Act and Trade Unions and Employers’ Organisations Act was for the reason that they are classified as members of the disciplined forces. “They are the custodians of public safety and security.
Their exclusion is consistent and in conformity with our Constitution. The constitutionally justifiable exclusion of members of the disciplined forces was reaffirmed in the Court of Appeal Case CACGB-068-15,” he said.
He said that his government is aware that the ILO considers essential services to be those whose interruptions would pose threat to life, personal health of some sections of the population. He argued that there should be no blanket application of this scenario since circumstances vary from one country to the other, saying even the committee also holds that view.
“It recognises that while the interruption of certain services in some countries might at worst cause economic hardships, these could prove disastrous in other countries, and rapidly lead to conditions which might endanger life, personal safety or health of the population and stability of the country.
It is this flexibility built into ILO Conventions that gives us hope that in incorporating the intent and spirit of the conventions into our labour laws, we can take circumstances prevailing in the country into consideration,” he said.
He added that the list of essential services was amended in 2016 after 25 years and the amendment was a response to ‘unique’ circumstances prevailing in Botswana. He said that employees listed, as essential services are not denied their rights to unionise, but only denied the right to withdraw their labour.
He admitted that there was a lot of controversy when the government amended the Trade Disputes Act in 2016, an amendment which was a response to the 2011 public servants strike that crippled government operations for close to two months.
Among the cadres that were listed as essential were diamond sorters, teachers, government broadcasting services and immigration and customs services. At the time it was presented before Parliament, the Bill made it a criminal offence for someone working as essential service to resign from government.
The Botswana Federation of Public Sector Unions (BOFEPUSU) and Botswana Federation of Trade Unions were united in condemning the amendment of Trade Disputes Act to increase the list of essential services and lodged a complaint with the ILO Committee on Application of Conventions and Recommendations.
Mabeo argued before the committee that labour relations are dynamic and are not immune from changes that are taking place locally, regionally and globally. “This state of affairs necessitates regular reviews of our laws in response to these changes, therefore many of the labour laws in Botswana are undergoing changes,” he said. The minister is expected to arrive home today and address a press conference at the Sir Seretse Khama Airport.