Sello Motseta
25th April 2023
The National Amalgammated Local, Central Government and Parastatal Workers Union Tuesday shared its submissions to the Constitutional Review Commission of Botswana headed by former Chief Justice Maruping Dibotela, in a press conference with journalists at MASA Protea Hotel.
They focus on the entrenchment of provisions promotingworkers rights, socio-economic rights, good governance and decentralization of power from the person of the President.Unions leaders maintain they would consider protest action if Government ignored its recommendations en masse.
Robert Rabasimane, Deputy Chief Executive, National Amalgammated Local, Central Government and Parastatal Workers Union, said “The limitation of the right to unionize on the basis of one’s status as a public officer is inconsistent with International Labour Organization Convention No. 876 and No. 98, both of which have been ratified by Botswana. It is the ratification of these Conventions by Botswana which ushered in legislative reforms that ultimately led to public officers being allowed to unionize.”
He said, “We therefore recommend, in accordance with Botswana’s international obligations, that the limitation of the right to unionize on the basis of one’s status as a public officer should be done away with.”
According to union officials Botswana has a history of the right to strike being arbitrarily taken away by the legislature, as was the case when the Trade Disputes Act was amended to make amongst others workers, teachers, persons employed in the public broadcasting and diamond sorted and polishers an essential service.
The TDA was subsequently amended to remove them from the list of essential services.
The Manual Workers Union has also complained that the constitution neglects to make provision for socio-economic rights, also known as second generation rights which are viewed as positive rights because they impose an obligation on the state to intervene, rather than to merely abstain.
Socio-economic rights are recognized under the Universal Declaration of Human Rights(UDHR). The UDHR was followed by the International Covenant on Economic, Social and Cultural Rights(ICESCR) which is the main source of these rights.
Botswana is not a signatory to the ICESCR. However, the socio-economic rights also find support in the African Charter on Human and Peoples’ Rights under articles 15 to 24.
“It is clear from the African Charter that when one speaks of socio-economic rights in Africa then the expectation is that all African countries must make provision and protection of the said rights. However, it is only South Africa, followed by Uganda, which has a number of socio-economic rights included in its 1995 constitution, who stand out as progressive with respect to the provision and protection of these rights. It must be noted that there are some other African countries such as Lesotho, Ghana and Nigeria who have socio-economic rights expressed as directive principles of state policy in order to guide the state in the adoption of policies and possibly the courts in the interpretation of the Government’s obligations in relation to these rights,” said Rabasimane.
He said, “Botswana however falls into none of these and the review of the Constitution provides a perfect opportunity for the inclusion and protection of socio-economic rights in Botswana, such as inclusion will bring Botswana into conformity with all her international and regional obligations with respect to socio-economic rights.”
According to union officials the concern that their inclusion will put undue strain on the national budget are misplaced because they are subject to availability of resources. There are also calls for the special protection of people with disabilities and for a more inclusive Judicial Service Commission(JSC).
The Judicial Service Commission consists of the Chief Justice, the President of the Court of Appeal, the Attorney General, the Chairman of the Law Society of Botswana, the Chairman of the Public Service Commission and a person of integrity appointed by the President.
“We recommend that the composition of the JSC be enlarged to include representation of trade union representative approved by Parliament, a representative of human rights groups approved by Parliament, 4 Members of Parliament including two from the opposition,” said Rabasimane.
Union officials have also expressed concern at the President’s direct appointment of the Chief Justice and the Judge President of the Court of Appeal.
“Like all appointments, both the Chief Justice and the Judge President of the Court of Appeal ought to be appointed on recommendation of the JSC,” said Rabasimane.
The Manual Workers Union maintains that the Speaker of the National Assembly must be a person who has not been politically active for a period of 10 years prior to their appointment. It has also called for the introduction of proportional representation to improve diversity of National Assembly.
It has also called for the removal of provisions providing the President with immunity from prosecution while in office under section 41 of the Constitution and maintained that section 66 of the Constitution which gives the President power to appoint Secretary of the Independent Electoral Commission(IEC) should instead be granted to Parliament.
It has also called the appointment of an Ombudsman with teeth after the former Ombudsman Lethebe Maine’s findings that Former Vice President Lieutenant General Seretse Khama Ian Khama, use of BDF aircraft was improper were ignored by the executive.
“We submit that the office of the Ombudsman should be established under the Constitution with powers to take remedial action to address issues of maladministration and governance lapses. The Ombudsman must be appointed by Parliament and accountable to it,” said Rabasimane.
