Article 27 of the UNCRPD establishes the right of Persons with Disabilities to work on an equal basis with others, including the opportunity to earn a living through freely chosen or accepted work in a labour market and work environment that is open, inclusive, and accessible. It safeguards economic empowerment and inclusion for Persons with Disabilities, help to dismantle systemic barriers in the labour market and promote full participation in society.
The Article mandates States Parties to acknowledge the right of Persons with Disabilities to work and to take appropriate steps to protect and promote this right, including
Non-discrimination in employment
Equal access
Inclusive work environment
Safe and healthy work conditions
Support for employment
Special Protection
3.1 Employment Act
In line with the standard laid down under Article 27 of the UNCRPD, the Employment Act (Cap. 47:01 of 2008) provides comprehensive guidance on matters pertaining employment. While the Employment Act does not explicitly address disability in detail, section 23, 120 and 139 makes mention of such. It contains provisions that have implications for Persons with Disabilities especially concerning non-discrimination, reasonable accommodation, and equal opportunities in employment. There are significant gaps in terms of explicit provisions on disability rights and amending the Act should ensure disability-inclusive employment practices offering equal opportunities to participate in the workforce.
3.2 Workers Compensation Act
The Workers' Compensation Act (Cap. 48:01 of 2001) provides compensation to workers who suffer from injuries or diseases arising out of or in the course of their employment. The Act ensures that employees who are injured or become ill because of their work receive adequate compensation for medical treatment, loss of income, and other related benefits. It primarily applies to workers in various industries and covers accidents, injuries, and diseases contracted at work.
Workers' Compensation Act and disability connect on compensation for work-related injuries or disabilities, temporary and permanent disability, medical expenses and rehabilitation, psychological and mental health disabilities, assessing disability and compensation levels. The relationship continues in access to workers' compensation benefits, occupational diseases and disability. While the Workers' Compensation Act provides valuable support to workers with disabilities resulting from workplace injuries, there are some challenges and gaps related to limited coverage for non-physical disabilities, accessibility of benefits, lack of specific disability-inclusive provisions, underrepresentation of workers with disabilities in the workforce, inadequate rehabilitation and support:
While the Act provides compensation for injuries and disabilities, there are barriers of returning to work, supported and gainful employment. Moreover, although the Act includes provisions for medical treatment and rehabilitation, there is insufficient focus on long-term vocational rehabilitation to help regain the skills needed to return to work or find new types of employment.
The Workers' Compensation Act (Cap. 48:01 of 2001) of Botswana provides essential compensation for workers who suffer from injuries or disabilities resulting from their employment. While it offers significant support for work-related injuries, the Act could be improved to better address the specific needs of workers with disabilities, particularly in terms of mental health, workplace accommodations, and vocational rehabilitation. Enhancing the accessibility of benefits and ensuring that the compensation system is fully inclusive will ensure that workers with disabilities are supported in returning to work and leading fulfilling lives post-injury
3.3 Public Service Act
Article 27(1)(g) of the UNCRPD directs the States parties to employ Persons with Disabilities in the public sector. In Botswana, matters relating to appointment of people to the public sector are governed by the provisions of the Public Service Act. The Public Service Act (Act No. 30 of 2008) regulates the administration and functioning of the public service. It outlines the processes for employment, promotions and discipline. Furthermore, it provides public service principles and standards, collective bargaining, termination of appointments and retirement.
The Act itself does not specifically address disability in detail, but allows for benefits from its provisions, particularly in the context of employment rights, accessibility, and reasonable accommodations. Moreover, the employers should take proactive steps to create accessible and supportive workplaces that enables equal access to recruitment, training, career advancement, and benefits.
