Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. In ratifying the above Convention, Botswana 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. Scope of application of the Convention. The Committee noted 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 stressed 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.

Article 3, paragraphs 1 and 2. Hazardous work. The Committee noted 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. Light work. The Committee noted 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 once again 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. Keeping of registers by employers. The Committee noted 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 once again 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.

Part V of the report form. Practical application of the Convention. 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.