The Parliament of Botswana is currently deliberating on a crucial piece of legislation, the Employment and Labour Relations Bill, 202X (Bill No. 10 of 202X). During a recent session, the Honourable Lesego Chombo, a representative within the government, delivered a passionate address highlighting key aspects of the bill and commending the Ministry of Youth and Gender Affairs for their pioneering work in gender mainstreaming.
Hon. Chombo began her address by commending the Honourable Minister, Major General and the Ministry for their concerted efforts in mainstreaming gender issues into this significant legislation. She emphasised that this has been a long-standing request from the Ministry of Youth and Gender Affairs, and the integration of gender issues into laws, policies, programs, and practices across all sectors and levels of development is a vital step forward. “Instead of treating gender issues as a separate issue,” Hon. Chombo stated, “we’ve been advocating for gender issues to be integrated into laws, policies, into various programs and practices across all sectors and across all levels of development.”
A significant point raised by Hon. Chombo was the current employment law’s glaring omission regarding explicit protection against sexual harassment at work. She highlighted that the existing law “has absolutely no explicit protection against sexual harassment at work. None. In this day and age, it remains silent on sexual harassment.” This silence, she argued, leaves private sector employees without clear legal recourse, offering only “piecemeal protection via constructive dismissal or unfair termination,” which she acknowledged is “quite often inadequate.”
Furthermore, the Honourable Member pointed out the limited coverage of the current employment law, which, while barring termination based on gender, offers no protection in critical areas such as hiring, demotion, indirect discrimination, pregnancy, and family status discrimination. She stressed that the current lack of coverage for indirect discrimination fails to protect workers from family or family-status related bias, and the existing remedies through constructive dismissal face high legal thresholds.
Hon. Chombo expressed her strong support for the proposed bill, asserting that it directly addresses these critical shortcomings. She revealed that earlier this month, she represented the Botswana government at the Committee on Eliminating Discrimination Against Women (CEDAW), where the issue of non-compliance with ILO Convention 190 was a prominent concern. ILO Convention 190 specifically addresses violence and harassment in the world of work. Hon. Chombo stated that this new bill is a direct response to this ongoing critique, ensuring that Botswana aligns with this essential and critical international convention.
The proposed Employment and Labour Relations Bill, 202X, appears to be a significant step towards modernising Botswana’s labour laws, aiming to provide comprehensive protection for workers and to integrate gender considerations effectively into the legal framework. The bill’s progression through Parliament will be closely watched by various stakeholders, including labour unions, women’s rights organisations, and the international community.
