Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 1 of the Convention. National policy and the application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information regarding the concrete measures taken within the framework of the national Action Programme on the Elimination of Child Labour (APEC) to address issues of child labour which include: revision of labour laws and other relevant legislation on child labour; drafting of the list on hazardous work; development of training modules, tools and manuals which have so far been used to train labour inspectors, the police and health education assistants; capacity building for key stakeholders such as the police, social workers, labour inspectors, teachers and non-governmental organizations; strengthening of the education sector to combat child labour through the adaptation of the ILO–IPEC programme entitled “Supporting Children’s Rights through Education, the Arts and the Media” (SCREAM) education pack; and conducting various national awareness-raising campaigns on child labour through print media, radio, and television programmes. Moreover, the Committee notes from a report on Botswana by the ILO–IPEC, in June 2012, that within the framework of APEC a rapid assessment of child labour in the agricultural sector as well as child labour and HIV/AIDS has been completed, 200 teachers were trained under the SCREAM project and a total of 1,927 children were prevented and withdrawn from child labour in the agricultural sector. The Committee requests the Government to continue providing information on the implementation of APEC, indicating the action undertaken and the results achieved in terms of the effective elimination of child labour. The Committee also requests the Government to provide information on the findings of the rapid assessment of child labour in the agricultural sector, and child labour and HIV/AIDS conducted within the framework of APEC.

Article 2(1). Scope of application. The Committee previously noted that, in accordance with Part 3, the Employment Act, 1982, applies only to any person who has entered into a contract of employment for the hire of his/her labour. It had noted the statement in the ILO–IPEC Outline Summary for the project “Contributing to the elimination of worst forms of child labour in Botswana with special emphasis on agriculture and Commercial Sexual Exploitation” of March 2010, that children working in the informal economy, such as in agriculture or in the home, have less protection and support than children working in the formal economy. In this regard, the Committee reminded the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work whether they are carried out on the basis of an employment relationship or not, and whether they are remunerated or not. Noting the absence of information in the Government’s report, the Committee once again urges the Government to take the necessary measures to ensure that the protection afforded by the Convention is accorded to all children carrying out economic activities without an employment contract, particularly children working on a self-employed basis or in the informal economy, including in agriculture. It requests the Government to provide information on the measures taken in this regard.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted the Government’s statement that schooling is not compulsory, though legislation to make basic education compulsory was under consideration. It had noted that, according to section 18 of the Children’s Act of 2009, every child has a right to free basic education and that any parent or guardian who, without reasonable excuse, denies a child the opportunity of going to school shall be guilty of an offence and shall be punished.

The Committee notes the Government’s indication that basic education comprises of 10 years of education which, if started at the age of 7 years, would be completed at the age of 16 years. The Committee nevertheless observes that Botswana is yet to make basic education compulsory. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to ensure the introduction of compulsory schooling up to the minimum age for admission to employment or work, in compliance with Article 2(3) of the Convention.

Article 3(1) and (2). Hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7(3). Determination of light work. In its previous comments, the Committee noted the Government’s statement that it would determine light work activities that may be permitted to children of 14 years of age. The Government also stated that, in practice, children perform light work such as kitchen and household help, the distribution of flyers or advertisements, and childcare.

The Committee notes the Government’s indication that the list of light work activities permitted to children has not yet been finalized. The Committee requests the Government to take the necessary measures to determine the types of light work activities that may be undertaken by children of 14 years of age. It also requests the Government to provide a copy of the list of the types of light work permitted for children, once it is adopted.