Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Forced Labour Convention, 1930 (No. 29) - Botswana (Ratification: 1997)

Article 2(2)(c) of the Convention. Work of prisoners for the benefit of private persons. The Committee previously noted that under section 94(1) of the Prisons Act (Cap. 21:03), a prisoner may be employed outside a prison under the immediate order and for the benefit of a person other than a public authority. The Government states in its report that section 94(1) has never been implemented in practice, and that the conditions of work, earning schemes and contract guidelines of prisoners have not yet been developed to provide for the engagement of prisoners in private labour. However, the Government indicates that prisoners assigned to work for private parties shall do so at their own free will and payment to prisoners assigned to work for private parties will be based on the prescribed earnings scheme.

The Committee therefore hopes that the necessary measures will be taken to amend section 94(1) of the Prison Act referred to above, so as to ensure that any work or service by prisoners for private persons is performed voluntarily, with their formal, freely given and informed consent, such consent being authenticated by the conditions of work approximating a free labour relationship. The Committee requests the Government to provide, in its next report, information on the progress made in this regard.