BOTSWANA FEDERATION OF TRADE UNIONS

Plot 4220 P.O. Box 440
Extension 14 Gaborone, Botswana
Gaborone Tel: (+267) 3952534
Cell: 74869663 Fax: (+267) 3952013)
Email: [email protected]

12 February 2015
The Minister
Ministry of Labour and Home Affairs
Private Bag 007
Gaborone

Dear Sir

RE: PROTECTION OF THE RIGHT TO STRIKE

The right to strike is a powerful and fundamental foundation of democracy and economic justice. When employers refuse to negotiate with workers, when populations rise up against dictatorship, people can withdraw their labour to balance the dominance and privilege of the few with the power of collective action. Time and again this fundamental right is all that stands in the way of injustice and exploitation.
The world’s employer groups are now trying to kill the right to strike. They want a global workforce that is powerless and passive. They want to remove the final bulwark against dictatorship. They intend to change the balance of power in the workplace and in society for the worse, and forever.
Virtually every country in the world recognizes that workers have the right to take strike action. Some 90 countries have it enshrined in their national constitutions, putting the rights established over many decades at the International Labour Organization into law. In Botswana Section 13 of the Constitution give workers the right to organize and belong to trade unions. The Trade Dispute Act gives organized workers the right to strike.
Since 2012 employers are trying to turn back the clock on over 50 years of international legal recognition of the right to strike, starting at the ILO and moving from there to pick apart national laws that guarantee this most fundamental of legal rights. They have tried to paralyze ILO procedures, holding its vital work to ransom in order to get their way. They have created a stalemate at the world’s labour body, and working people are paying the price as ILO judgments on vital employment issues are blocked.
There is a way out of the deadlock. The ILO’s rules say that when a dispute between employers, workers or governments cannot be settled at the ILO itself, then the International Court of Justice (ICJ) must be asked to rule on the dispute. But the employer groups are trying to block the rule of law by opposing the ICJ. They don’t want justice to prevail. They prefer to try and blackmail their opponents into submission.
Many governments support the union movement’s demand to follow the ILO Constitution and take the case to the ICJ. But some are sitting on the fence. Those governments, and all the employer groups, must be called to account for their refusal to respect international law and the crucial role of the ILO.
The International Trade Union Confederation (ITUC) has designated 18th February as a day of action to defend the right to strike. Botswana Federation of Trade Unions (BFTU) is a member of the ITUC and will be joining other affiliates across the globe in action to protect this fundamental right.
As part of our campaign we would want to know the position of the Botswana Government on the protection of the right to strike. Secondly we would want to know the position of the Botswana Government on whether it supports or is against the dispute concerning the right to strike being resolved by the International Court of Justice. Please note that the Government of Botswana’s stand whether in support or against the workers’ call will be publicized locally and internationally.
We will appreciate if we could get you response before the 18th of February 2015.
Thank you

Yours Sincerely,

………………………………
Gadzani Mhotsha (Mr)
SECRETARY GENERAL