Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Minimum Age Convention, 1973 (No. 138) - Botswana (Ratification: 1997)

The Committee notes the information supplied by the Government in its first report.

Article 1 of the Convention. In ratifying the above Convention, Botswana has committed itself to pursuing a national policy designed to ensure the effective abolition of child labour. The Committee would be grateful if the Government would indicate the measures taken to ensure the effective abolition of child labour. It would also be grateful if the Government would provide information concerning education, in particular the age at which education is completed, and the legislative text which regulates education.

Article 2. 1. Scope of application of the Convention. The Committee notes that, in accordance with Part 3, the Employment Act, 1982, applies to any person who has entered into a contract of employment - oral or in writing, expressed or implied - for the hire of his labour. It stresses that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour contract or not, and whether it is remunerated or not. The Committee would be grateful if the Government would provide information on the manner in which children who are not bound by a contract of employment, such as self-employed workers, benefit from the protection afforded by the Convention.

2. Specification of a minimum age. The Committee notes that the minimum age for admission to employment or work of 14 years was specified by Botswana at the time of ratification. It requests the Government to indicate whether workers’ and employers’ organizations have been previously consulted for initially specifying a minimum age of 14 years, according to the provision of Article 2, paragraph 4, of the Convention.

The Committee notes that section 2(1) of the Employment Act, 1982, defines child as a person under the age of 15 years and section 107(1) and (2) of the Employment Act prohibit the employment of children. It draws the Government’s attention to the possibility under Article 2, paragraph 2, of the Convention to notify the Director-General of the International Labour Office, by further declarations, that it specifies a minimum age higher than that previously specified. The Committee also draws the Government’s attention to Article 2, paragraph 5, of the Convention, according to which each Member which has specified a minimum age of 14 years, shall include in its further reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organization a statement that its reason for doing so subsists, or it renounces its right to avail itself of the provisions in question as from a stated date.

Article 3, paragraphs 1 and 2. The Committee notes that under section 110(1) of the Employment Act, 1982, "no young person shall be employed on any work which is harmful to his health and development, dangerous or immoral". Section 2(1) of the Employment Act provides that young person"means a person who has attained the age of 15 years but is under the age of 18 years". The Committee draws the Government’s attention to Article 3, paragraph 1, of the Convention, according to which the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. It would be grateful if the Government would provide information on the measures which have been taken or are envisaged to ensure the application of this provision of the Convention by providing that the minimum age for admission to hazardous work shall not be less than 18 years.

The Committee also notes that under section 110(2) of the Employment Act, 1982, "the Commissioner may notify any employer in writing or, by notice published in the Gazette, all employers or every employer belonging to any class or description of employers specified in the notice that the kind of work on which a young person is employed by him or them is harmful to his health and development, dangerous, immoral or otherwise unsuitable". The Committee would be grateful if the Government would indicate if the Commissioner has determined the types of hazardous work which is prohibited to children under 18 years of age, according to the provision of Article 3, paragraph 2, of the Convention. It also asks the Government to communicate the list of the types of hazardous work and indicate whether workers’ and employers’ organizations have been previously consulted for the determination of the types of hazardous work.

Article 7, paragraph 3. The Committee notes that under sections 107(2)(b) and 107(3) of the Employment Act, 1982, a child who has attained the age of 14 years old and is or is not attending school may be employed on light work not harmful to his health and development, if such work is of a character approved by the Commissioner. The Committee requests the Government to indicate whether the Commissioner has determined activities as light work and, if so, to supply information on the types of light work that are permitted for children who have attained the age of 14 years.

Article 9, paragraph 3. The Committee notes that section 113 of the Employment Act, 1982, provides that the Minister may make regulations on the employment of children and young persons and that such regulations may provide for the registration of children and young persons where they are to be employed in an industrial undertaking. The Committee requests the Government to indicate to what extent, if any, the Minister has used his or her discretion under section 113 of the Employment Act to issue regulations with respect to the registration of persons below age 18 employed in industrial undertakings, and if such discretion has been exercised, to communicate a registration model accordingly.

The Committee observes that, according to section 113 of the Employment Act, 1982, the regulations for the registration of children and young persons concern only industrial undertakings. As the Committee has already stressed under Article 2, paragraph 1, the Convention applies to all branches of economic activity and covers all types of employment or work, whether under a labour contract or not, and whether it is remunerated or not. It would be grateful if the Government would take the necessary measures to ensure that national laws or the competent authority shall prescribe the registers which shall be kept and made available by the employer of persons whom he employs or who work for him and who are less than 18 years of age for all branches of activity.

Point V of the report form. The Committee requests the Government to supply information on the application of the Convention in practice, by giving, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services, information on the number and nature of contraventions reported, etc.

Please also provide copies of the following texts:

-  Adoption Act of 1993;

-  Children Act of 1981.