Abstract
Freedom of Association is a fundamental human right. It is essential to sustained progress. There is security of employment in circumstances where an employee is allowed to join a union and within that union to bargain collectively with others. Initially in Botswana, public sector employees could not belong to unions. It was through the influence of international instruments that Botswana subsequently allowed public sector unions to unionise. This paper touches on the significant provisions of the International Labour Organisation that were instrumental in the change of mindset. International labour standards impact positively on security of tenure in both the public and private sector, especially Freedom of Association. The paper acknowledges the special and peculiar nature of the public service, but however urges for an indivisible labour law regime for both public and private employment according to historical and comparative materials perused.
Highlights
Freedom of association is a fundamental human right
It is essentially for this reason that workers’ delegates to the International Labour Conference often press for the adoption of conventions whereas the employers’ delegates are more in favour of recommendations (ILO, 1998). It is against this background that when we consider the question of unionization in the public service, the right to join a union, the relevance of International Labour standards comes to the fore
As the International Labour Organisation is concerned, the functions exercised by these classes of public servants would not normally justify their exclusion from the right to organise under Article 9 of the Convention (ILO, 1995)
Summary
Freedom of association (from which the right to join a union and within that union to bargain collectively with others is derived) is a fundamental human right. There are the litmus papers against which international developments in countries who have ratified international labour instruments are measured against. To this end, Botswana labour legislation is measured and interpreted in terms of these international instruments. Public service labour relations impact significantly on security of tenure of public servants. This paper underscores the contention that there is more security of employment in circumstances where an employee is allowed to join a union and within that union bargain collectively with others. An argument is made that International labour standards impact positively on security of tenure in both the public and private sector, especially the right to freedom of association. An outline of unionization in the public service in Botswana is made prior to the advent of public service trade unions
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