Worst Forms of Child Labour Convention, 1999 (No. 182) - Botswana (Ratification: 2000)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 7(2) of the Convention. Effective and time-bound measures. Clause a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes, in reply to its previous comments that the Government refers to various initiatives to improve access to free basic education. It states that the Access and Retention Strategy has been implemented in different quarters, including the revision of the curriculum to make it more outcome based and more relevant to learners; the introduction of a second meal at primary level; the provision of grants; and the rolling out the Reception Class Programme (RCP) to all primary schools. The RCP is currently offered to 613 schools with an enrolment of 25,640 learners. An Out of School Education for Children (OSEC) initiative which also provides food to children has been introduced. In 2019, 1,552 children were enrolled in the OSEC programme, of which 371 children were integrated into formal education. The Committee also notes the Government’s information in its report under the Minimum Age Convention, 1973 (No.138) that the Ministry of Basic Education operates outreach programmes for children in farm employment in the Ghanzi region. Moreover, the Government is working with communities to construct “Satellite Primary schools” for children in remote areas.

The Committee notes that according to the UNESCO statistics, in 2021 the gross enrolment rate at the primary and secondary level was 99.02 and 73.6 respectively. The Committee notes that the United Nations Committee on the Rights of the Child, in its concluding observations of June 2019, expressed concern about the low completion rates, the large number of children who are out of school and at the high dropout rates, particularly among girls due to pregnancy (CRC/C/BWA/CO/2-3, paragraph 52). While noting the measures taken by the Government, the Committee requests the Government to strengthen its efforts to improve the functioning of the education system and to ensure access to free basic education for all children by focusing on increasing school completion rates and reducing school dropout rates, particularly of girls. It requests the Government to continue to provide information on the measures taken in this regard and on the results achieved, including updated statistical data on school enrolment and drop-out rates, disaggregated by age and gender.

Clause (d). Identifying and reaching out to children at special risk. 1. HIV/AIDS orphans and other vulnerable children (OVCs). Following its previous comments, the Committee notes from the National Situation Analysis on Orphans and Vulnerable Children Reportof 2019 (2019 Situation Analysis Report) that approximately 35 per cent of children are orphans (15.4 per cent) or vulnerable children in Botswana. The Ministry of Local Government and Rural Development along with other ministries, police service and other government personnel provide services specifically targeted to orphans and vulnerable children. This includes free or subsidized schooling, school feeding programmes and the post-secondary dispensation programme, in addition to social protection measures to other needy children and their families. The Orphan Care and Needy Children Program which provides assistance packages have served around 65,000 orphans and vulnerable children in 2017 and about 28 per cent households with an orphan child received support. Moreover, Residential Care Facilities (RCF) provide care and accommodation, psychosocial support, counselling and other services to orphans or children separated from their families as well as neglected or trafficked children while the Remote Area Dwellers Hostel (RADH) provides boarding and educational access to children who may not otherwise have the opportunity to attend school. However, this report indicates lower school enrolment rates and higher drop-out rates among orphans and vulnerable children. The Committee also observes that, in Botswana, according to the UNAIDS estimates of 2021, approximately 76,000 children aged between 0 to 17 years are orphans due to AIDS. While noting the measures taken by the Government, the Committee strongly encourages the Government to pursue its efforts to ensure that children orphaned by HIV/AIDS and OVCs are prevented from being engaged in the worst forms of child labour, including through providing for their education. It requests the Government to continue providing information on the measures taken in this regard and on the results achieved.

2. Street children. The Committee notes from the 2019 Situation Analysis Report that children, some of whom are orphans or neglected children or those coming from poor families, are seen living or spending time on the streets of Jwaneng, Ghanzi and Letlhakane regions and are often subject to violence, abuse, sexual and labour exploitation. There are no specialized services targeting these children and the Government interventions are limited to occasional repatriation efforts of taking them to their homes or RCF or RADH. Recalling that street children are at particular risk of becoming engaged in the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to remove children from such situations and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken and the results achieved in this respect.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 3(a) and 6 of the Convention. All forms of slavery or practices similar to slavery and programmes of action. Sale and trafficking of children. In response to its previous comments concerning the application of the Anti-human Trafficking Act of 2014, the Committee notes the Government’s indication in its report that there are currently six cases of sale and trafficking of children under 18 years before the courts awaiting the final judgements. The Committee also notes the Government’s information in its report under the Forced Labour Convention, 1930 (No. 29) that in July 2021, a woman was sentenced to imprisonment for ten years for trafficking a child of 16 years for sexual exploitation. This report also indicates that the Anti-Human Trafficking National Action Plan (NAP-HT) 2018-2022 was developed and structured in accordance with the internationally recognized 4P’s strategies of prevention, protection, prosecution and partnership. The Human Trafficking (Prohibition) Committee, which is the coordination body responsible for the effective implementation of the NAP-HT has issued 18 resolutions pertaining to expediting pending cases, information campaigns and victim protection and referral procedures, of which 50 per cent have been successfully implemented.

The Committee, however, notes that the United Nations Human Rights Committee on the International Covenant on Civil and Political Rights, in its concluding observations of November 2021 expressed concern about the prevalence of trafficking in women and children for economic and commercial sexual exploitation and at the very low rate of investigations, prosecutions and convictions of the crime (CCPR/C/BWA/CO/2, paragraph 25). The Committee requests the Government to intensify its efforts, within the framework of the NAP-HT 2018-22 or otherwise, to ensure the thorough investigation and prosecution of perpetrators of child trafficking for labour or sexual exploitation, and to provide information on the convictions and penalties applied, including in the six cases of sale and trafficking of children under 18 years pending before the courts. In addition, the Committee requests the Government to provide information on the specific measures taken within the framework of the NAP-HT to combat trafficking in children as well as the results achieved.

Article 4(1). Determination of hazardous work. Following its previous comments, the Committee notes the Government’s information that the draft list of types of hazardous work prohibited to children under 18 years of age was incorporated in the ongoing labour law review. The Government indicates, in its report under the Minimum Age Convention, 1973 (No. 138) that the labour law review is at an advanced stage and it is envisaged that the Bill will be presented during the July 2022 session of the Parliament. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Labour Law Bill containing the draft list of types of hazardous work prohibited to children under 18 years of age is adopted in the very near future. It requests the Government to supply a copy of this list, once it is adopted.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from the worst forms of child labour and ensuring their rehabilitation and social integration.Child victims of commercial sexual exploitation. In reply to its previous comments, the Committee notes the Government’s statement that all efforts are made to protect children from being involved in commercial sexual exploitation by extending support to their families. The Government also indicates that no information is available on child victims of commercial sexual exploitation as no study was conducted on this subject. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women, in its concluding observations of March 2019, expressed concern about the lack of efficient mechanisms to prevent girls who drop out of school from engaging in prostitution (CEDAW/C/BWA/CO/4, paragraph 29). The Committee urges the Government totake the necessary measures to prevent the engagement of children in prostitution, and to remove them from this worst form of child labour as well as to rehabilitate and socially integrate them. It requests the Government to provide information on the measures taken in this regard, as well as on the number of children under 18 years of age who have been removed from prostitution and provided with appropriate care and assistance.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 7(2) of the Convention. Effective and time-bound measures. Clause (c). Access to free basic education. The Committee previously noted the Government’s information that, in Botswana, the seven-year primary education is free while secondary education is highly subsidized, with parents only contributing 5 per cent towards the cost of education. Moreover, children whose families cannot afford this contribution are exempted and are further provided with other educational necessities like uniforms and books. It noted that the Ministry of Education and Skills Development (MOESD) together with UNICEF have been working to develop an Out-of-School Education for Children Programme which seeks to secure a new deal for marginalized and out-of-school children. Finally, the Committee noted that the proportion of primary-aged children not in primary school has not dropped below 10 per cent in the last ten years, and that, according to UNICEF statistics for 2008–12, the net attendance rates in primary education are 85.5 per cent for boys and 88.2 per cent for girls, and in secondary education it is 35.5 per cent for boys and 43.6 per cent for girls.

It notes the Government’s statement in its report that a number of measures were initiated to improve attendance and reduce drop-out rates, such as the implementation of the Inclusive Education Policy, the introduction of the Reception Class Programme in primary schools in 2014, and the development of the Out-of-School Education for Children Policy. It notes that, according to the Government, the completion rate in primary education was 99.3 per cent in 2015. The Government also states that the Ministry of Basic Education has developed an access and retention draft plan, to be approved and implemented in 2018. As reported by the Global Education Monitoring Report of 2017–18, the gross enrolment ratio in primary education was 108 per cent in 2014–15, and the primary adjusted net enrolment ratio was 91 per cent. The Committee notes that, according to the UNESCO statistics, nearly 17 per cent of children are out of school. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education. It requests the Government to continue to provide information on the measures taken in this regard, and the results obtained, particularly with regard to increasing the school enrolment and completion rates and reducing school drop-out rates, in primary and secondary education.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans and other vulnerable children (OVCs). The Committee previously noted that a number of significant measures have been taken by the Government for the care and support of HIV/AIDS orphans and OVCs, in the framework of the national Programme for orphans and OVCs, such as maintaining a registry of all orphans and children in need of care, providing these children with food rations and toiletries on a monthly basis, supporting them with uniforms and transport facilities to school, and initiating a special dispensation programme through government sponsorship for tertiary education. The Committee also noted that, according to the Government, in the year 2013–14, a total of 1,600 orphans and OVCs were enrolled in schools and vocational training.

The Committee notes the Government’s indication that the national programme for orphans and OVCs continues to be implemented, as well as the special dispensation for facilitating access to tertiary and vocational education, which has sponsored 8,189 children since 2010, including 1,164 for the year 2017–18. It states that more than 27,000 children are currently registered as orphans. The Government also indicates that the programme for orphans and OVCs provides psychosocial support, aiming at building life skills among OVCs. The Committee notes that, in its report to the Human Rights Council for the Universal Periodic Review of January 2018, the Government stated that it would conduct the second situational analysis on OVCs during the course of 2017 (A/HRC/WG.6/29/BWA/1, paragraph 47).

The Committee observes that, in Botswana, according to estimates made by UNAIDS in 2017, approximately 61,000 children aged 0 to 17 years are orphans due to HIV/AIDS. It takes note of the Government’s indication, in its report to the Committee on the Elimination of Discrimination against Women of November 2017, that HIV disproportionally affects women and girls and, therefore, the National HIV/AIDS Policy and its strategic framework, revised in 2013, has embraced gender sensitivity (CEDAW/C/BWA/4, paragraph 19). It notes that, according to UNAIDS, the Government elaborated a new National Strategic Framework for HIV and AIDS for the 2018–23 period, which has positioned HIV prevention as paramount. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to ensure that children orphaned by HIV/AIDS and OVCs are prevented from being engaged in the worst forms of child labour. It requests the Government to continue providing information on the measures taken in this regard and on the results achieved, particularly as part of the national programme for orphans and OVCs and of the National Strategic Framework for HIV and AIDS for 2018–23.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the Botswana Federation of Trade Unions (BFTU), received on 1 September 2018.

Articles 3(a) and 6 of the Convention. All forms of slavery or practices similar to slavery and programmes of action. Sale and trafficking of children. The Committee takes due note of the adoption of the Anti-Human Trafficking Act in July 2014, introducing a specific offence of trafficking in persons in the national legislation, as well as the establishment of a Human Trafficking (Prohibition) Committee in 2015. It notes that the perpetrator of trafficking for the purposes of forced labour or exploitation of another person’s prostitution is liable to a term of imprisonment of up to 30 years and/or a fine not exceeding 1 million Botswana pula (approximately US$93,170), pursuant to section 9 of the Anti-Human Trafficking Act. The law provides for the creation of centres for child victims of trafficking, to ensure protection, care, counselling, education and rehabilitation of children (section 18). The Committee notes the Government’s indication in its report that a National Action Plan on human trafficking has been developed. Furthermore, it notes the Government’s indication that the Southern African Development Community (SADC) Strategic Plan on combating trafficking in persons, especially women and children for the 2009–19 period, is being implemented through the SADC Regional Political Cooperation Programme. The United Nations Office on Drugs and Crime (UNODC) indicates that together with SADC Member States, including Botswana, UNODC has developed an Anti-Trafficking in Persons Data Collection System, to ensure the collection of reliable data on the crime of trafficking in persons.

The Committee notes the observations of the BFTU reporting the continued existence of practices of trafficking in children despite national laws and control measures. The BFTU also states that public education on trafficking and slavery is not adequately done. The Committee urges the Government to strengthen its efforts to ensure the effective application of the Anti-Human Trafficking Act and requests it to provide information in this regard, including the number of infringements reported, investigations, prosecutions, convictions and penalties applied for the sale and trafficking of children under 18 years of age. It also requests the Government to provide information on the adoption and implementation of the National Plan of Action on human trafficking and its impact in terms of the elimination of trafficking in children.

Article 4(1). Determination of hazardous work. The Committee previously noted the Government’s statement that the Tripartite Labour Advisory Board had prepared a draft list of hazardous types of work prohibited to young persons, which was being circulated to the relevant ministries for their endorsement. The Committee accordingly requested the Government to pursue its efforts to ensure the adoption, in the near future, of the list determining the types of hazardous work prohibited to persons under 18 years of age.

The Committee notes with interest the drafting of the list of hazardous types of work by the tripartite constituents, which includes such types of work as: handling and spraying of pesticide and herbicide and the exposure to chemicals, toxic dust, fumes and gases; garbage collecting; the lifting of heavy loads; unsupervised fishing and extraction of water from wells; the brewing of alcoholic beverages; working underground, at night or at heights; and building and construction work. The Committee notes the Government’s indication that the incorporation of the list of hazardous types of work into the Employment Act will be considered during the ongoing labour law review process. The Committee expresses the firm hope that the draft list of types of hazardous work prohibited to children under 18 years of age will be adopted in the very near future. It requests the Government to supply a copy of this list, once it is adopted.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child victims of commercial sexual exploitation. In its previous comments, the Committee noted that the United Nations Committee on the Elimination of Discrimination against Women expressed concern, in its concluding observations of 2010, that women and girls enter into prostitution to support themselves and their families as a result of poverty. It noted that, within the national Action Programme on the Elimination of Child Labour (APEC), a total of 1,927 children were prevented and withdrawn from child labour, including from commercial sexual exploitation. The Committee also noted the Government’s statement that children engaged in commercial sexual exploitation are identified as children in need of protection under the Children’s Act of 2009 and that, according to section 54, the Minister shall develop programmes and rehabilitative measures to reintegrate abused or exploited children.

The Committee notes the Government’s statement that children in need of protection can be placed in child welfare institutions, and receive psychosocial support. The Government indicates that, taking into account all forms of vulnerability, there are currently more than 450 children in child welfare institutions. The Government also states that a study on violence against children has recently been completed and that the results will give an indication of the prevalence of violence, in its different forms, among children. The Committee requests the Government to pursue its efforts to remove children engaged in commercial sexual exploitation, and to provide them with the necessary and appropriate direct assistance, pursuant to section 54 of the Children’s Act. It requests the Government to provide information on the number of child victims of commercial sexual exploitation who have been effectively removed, rehabilitated and socially integrated as a result of the measures implemented, including by providing the statistics compiled as a result of the study on violence against children.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (c). Access to free basic education. The Committee previously noted the Government’s information that, in Botswana, the seven-year primary education is free while secondary education is highly subsidized, with parents only contributing 5 per cent towards the cost of education. Moreover, children whose families cannot afford this contribution are exempted and are further provided with other educational necessities like uniforms and books. It noted that the Ministry of Education and Skills Development (MOESD) together with UNICEF have been working to develop an Out-of-School Education for Children Programme which seeks to secure a new deal for marginalized and out-of-school children. Finally, the Committee noted that the proportion of primary-aged children not in primary school has not dropped below 10 per cent in the last ten years, and that, according to UNICEF statistics for 2008–12, the net attendance rates in primary education are 85.5 per cent for boys and 88.2 per cent for girls, and in secondary education it is 35.5 per cent for boys and 43.6 per cent for girls.

It notes the Government’s statement in its report that a number of measures were initiated to improve attendance and reduce drop-out rates, such as the implementation of the Inclusive Education Policy, the introduction of the Reception Class Programme in primary schools in 2014, and the development of the Out-of-School Education for Children Policy. It notes that, according to the Government, the completion rate in primary education was 99.3 per cent in 2015. The Government also states that the Ministry of Basic Education has developed an access and retention draft plan, to be approved and implemented in 2018. As reported by the Global Education Monitoring Report of 2017–18, the gross enrolment ratio in primary education was 108 per cent in 2014–15, and the primary adjusted net enrolment ratio was 91 per cent. The Committee notes that, according to the UNESCO statistics, nearly 17 per cent of children are out of school. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education. It requests the Government to continue to provide information on the measures taken in this regard, and the results obtained, particularly with regard to increasing the school enrolment and completion rates and reducing school drop-out rates, in primary and secondary education.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans and other vulnerable children (OVCs). The Committee previously noted that a number of significant measures have been taken by the Government for the care and support of HIV/AIDS orphans and OVCs, in the framework of the national Programme for orphans and OVCs, such as maintaining a registry of all orphans and children in need of care, providing these children with food rations and toiletries on a monthly basis, supporting them with uniforms and transport facilities to school, and initiating a special dispensation programme through government sponsorship for tertiary education. The Committee also noted that, according to the Government, in the year 2013–14, a total of 1,600 orphans and OVCs were enrolled in schools and vocational training.

The Committee notes the Government’s indication that the national programme for orphans and OVCs continues to be implemented, as well as the special dispensation for facilitating access to tertiary and vocational education, which has sponsored 8,189 children since 2010, including 1,164 for the year 2017–18. It states that more than 27,000 children are currently registered as orphans. The Government also indicates that the programme for orphans and OVCs provides psychosocial support, aiming at building life skills among OVCs. The Committee notes that, in its report to the Human Rights Council for the Universal Periodic Review of January 2018, the Government stated that it would conduct the second situational analysis on OVCs during the course of 2017 (A/HRC/WG.6/29/BWA/1, paragraph 47).

The Committee observes that, in Botswana, according to estimates made by UNAIDS in 2017, approximately 61,000 children aged 0 to 17 years are orphans due to HIV/AIDS. It takes note of the Government’s indication, in its report to the Committee on the Elimination of Discrimination against Women of November 2017, that HIV disproportionally affects women and girls and, therefore, the National HIV/AIDS Policy and its strategic framework, revised in 2013, has embraced gender sensitivity (CEDAW/C/BWA/4, paragraph 19). It notes that, according to UNAIDS, the Government elaborated a new National Strategic Framework for HIV and AIDS for the 2018–23 period, which has positioned HIV prevention as paramount. Recalling that OVCs are at an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to ensure that children orphaned by HIV/AIDS and OVCs are prevented from being engaged in the worst forms of child labour. It requests the Government to continue providing information on the measures taken in this regard and on the results achieved, particularly as part of the national programme for orphans and OVCs and of the National Strategic Framework for HIV and AIDS for 2018–23.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Botswana Federation of Trade Unions (BFTU), received on 1 September 2018.

Articles 3(a) and 6 of the Convention. All forms of slavery or practices similar to slavery and programmes of action. Sale and trafficking of children. The Committee takes due note of the adoption of the Anti-Human Trafficking Act in July 2014, introducing a specific offence of trafficking in persons in the national legislation, as well as the establishment of a Human Trafficking (Prohibition) Committee in 2015. It notes that the perpetrator of trafficking for the purposes of forced labour or exploitation of another person’s prostitution is liable to a term of imprisonment of up to 30 years and/or a fine not exceeding 1 million Botswana pula (approximately US$93,170), pursuant to section 9 of the Anti-Human Trafficking Act. The law provides for the creation of centres for child victims of trafficking, to ensure protection, care, counselling, education and rehabilitation of children (section 18). The Committee notes the Government’s indication in its report that a National Action Plan on human trafficking has been developed. Furthermore, it notes the Government’s indication that the Southern African Development Community (SADC) Strategic Plan on combating trafficking in persons, especially women and children for the 2009–19 period, is being implemented through the SADC Regional Political Cooperation Programme. The United Nations Office on Drugs and Crime (UNODC) indicates that together with SADC Member States, including Botswana, UNODC has developed an Anti-Trafficking in Persons Data Collection System, to ensure the collection of reliable data on the crime of trafficking in persons.

The Committee notes the observations of the BFTU reporting the continued existence of practices of trafficking in children despite national laws and control measures. The BFTU also states that public education on trafficking and slavery is not adequately done. The Committee urges the Government to strengthen its efforts to ensure the effective application of the Anti-Human Trafficking Act and requests it to provide information in this regard, including the number of infringements reported, investigations, prosecutions, convictions and penalties applied for the sale and trafficking of children under 18 years of age. It also requests the Government to provide information on the adoption and implementation of the National Plan of Action on human trafficking and its impact in terms of the elimination of trafficking in children.

Article 4(1). Determination of hazardous work. The Committee previously noted the Government’s statement that the Tripartite Labour Advisory Board had prepared a draft list of hazardous types of work prohibited to young persons, which was being circulated to the relevant ministries for their endorsement. The Committee accordingly requested the Government to pursue its efforts to ensure the adoption, in the near future, of the list determining the types of hazardous work prohibited to persons under 18 years of age.

The Committee notes with interest the drafting of the list of hazardous types of work by the tripartite constituents, which includes such types of work as: handling and spraying of pesticide and herbicide and the exposure to chemicals, toxic dust, fumes and gases; garbage collecting; the lifting of heavy loads; unsupervised fishing and extraction of water from wells; the brewing of alcoholic beverages; working underground, at night or at heights; and building and construction work. The Committee notes the Government’s indication that the incorporation of the list of hazardous types of work into the Employment Act will be considered during the ongoing labour law review process. The Committee expresses the firm hope that the draft list of types of hazardous work prohibited to children under 18 years of age will be adopted in the very near future. It requests the Government to supply a copy of this list, once it is adopted.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child victims of commercial sexual exploitation. In its previous comments, the Committee noted that the United Nations Committee on the Elimination of Discrimination against Women expressed concern, in its concluding observations of 2010, that women and girls enter into prostitution to support themselves and their families as a result of poverty. It noted that, within the national Action Programme on the Elimination of Child Labour (APEC), a total of 1,927 children were prevented and withdrawn from child labour, including from commercial sexual exploitation. The Committee also noted the Government’s statement that children engaged in commercial sexual exploitation are identified as children in need of protection under the Children’s Act of 2009 and that, according to section 54, the Minister shall develop programmes and rehabilitative measures to reintegrate abused or exploited children.

The Committee notes the Government’s statement that children in need of protection can be placed in child welfare institutions, and receive psychosocial support. The Government indicates that, taking into account all forms of vulnerability, there are currently more than 450 children in child welfare institutions. The Government also states that a study on violence against children has recently been completed and that the results will give an indication of the prevalence of violence, in its different forms, among children. The Committee requests the Government to pursue its efforts to remove children engaged in commercial sexual exploitation, and to provide them with the necessary and appropriate direct assistance, pursuant to section 54 of the Children’s Act. It requests the Government to provide information on the number of child victims of commercial sexual exploitation who have been effectively removed, rehabilitated and socially integrated as a result of the measures implemented, including by providing the statistics compiled as a result of the study on violence against children.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that within the framework of the Action Programme on the Elimination of Child Labour (APEC), several programmes were initiated such as: addressing legislation and policy gaps; drafting the list of types of hazardous work prohibited to children under 18 years; and raising awareness on child labour as well as providing training for stakeholders and implementers. The Committee further notes from a report on Botswana by the ILO–IPEC of June 2012 that, within APEC, a rapid assessment of child labour in the agricultural sector, as well as child labour and HIV/AIDS, have been completed; 200 teachers were trained under the ILO–IPEC project entitled Supporting Children’s Rights through Education, the Arts and the Media (SCREAM) and a total of 1,927 children were withdrawn from commercial sexual exploitation and child labour in the agricultural sector. The Committee requests the Government to pursue its efforts to combat the worst forms of child labour in Botswana. It also requests the Government to take the necessary measures to ensure the effective implementation of APEC, and to provide information on the results achieved, particularly with regard to eliminating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (c). Access to free basic education. Following its previous comments, the Committee notes the Government’s information that, in Botswana, the seven-year primary education is free while secondary education is highly subsidized, with parents only contributing 5 per cent towards the cost of education. Moreover, children whose families cannot afford this contribution are exempted and are further provided with other educational necessities like uniforms and books. The Committee notes from the Annual Report of the Work of the United Nations in Botswana, 2010–12 (UN Annual Report) that the Ministry of Education and Skills Development (MOESD) together with UNICEF have been working to develop an Out-of-School Education for Children Programme which seeks to secure a new deal for marginalized and out-of-school children. A baseline data on education was collected within this programme which indicated that the proportion of primary aged children not in primary school has not dropped below 10 per cent in the last ten years, thereby indicating a particular challenge in reaching this last 10 per cent of children and securing their access to basic education. The Committee further notes that, according to UNICEF statistics for 2008–12, the net attendance rates in primary education is 85.5 per cent for boys and 88.2 per cent for girls, and in secondary education it is 35.5 per cent for boys and 43.6 per cent for girls. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to increase its efforts to facilitate access to free basic education. It requests the Government to provide information on the measures taken in this regard, and the results obtained, particularly with regard to increasing the school enrolment and completion rates and reducing school drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans and other vulnerable children (OVCs). In its previous comments, the Committee noted the significant measures taken by the Government for the care and support of HIV/AIDS orphans and OVCs. However, noting that the national prevalence of HIV/AIDS, and the proportion of children being orphaned due to HIV/AIDS, had serious implications for child labour in the country, the Committee requested the Government to redouble its efforts to prevent the engagement of such children in the worst forms of child labour.

The Committee notes the Government’s statement that, in an effort to reach out to orphans and OVCs, the Government maintains a registry to register all orphans as well as children in need of care. By June 2014, a total of 35,236 orphans were registered. These children were provided with food rations and toiletries on a monthly basis, while those who were at school were supported with uniforms and transport facilities to school. Moreover, the Ministry of Local Government and Rural Development, along with the MOESD, initiated a special dispensation programme to give orphans and vulnerable children an opportunity to go for tertiary education through government sponsorship even though their academic achievement did not meet the criteria set by the MOESD for government sponsorship. The Committee further notes from the Government’s report that in the year 2013–14, a total of 1,600 orphans and OVCs were enrolled in schools and vocational training, and for the current year the target has been set at 2,500 children. The Committee requests the Government to continue its efforts to ensure that children orphaned by HIV/AIDS and OVCs are prevented from being engaged in the worst forms of child labour. It requests the Government to continue providing information on the measures taken in this regard and on the results achieved.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2014.

Repetition

Article 4(1) of the Convention. Determination of hazardous work. The Committee previously noted the Government’s statement that the Tripartite Labour Advisory Board had prepared a draft list of hazardous types of work which was being circulated to the relevant ministries for their endorsement. The Committee accordingly urged the Government to pursue its efforts to ensure the adoption, in the near future, of the list determining the types of hazardous work prohibited to persons under 18 years of age.

The Committee notes the Government’s indication that the list of types of hazardous work prohibited to young persons has not yet been finalized. The Committee expresses the firm hope that the list, determining the types of hazardous work prohibited to children under 18 years of age, will be adopted in the very near future. It requests the Government to provide a copy of this list once it has been adopted.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child victims of commercial sexual exploitation. In its previous comments, the Committee noted the Government’s statement that prevention and withdrawal efforts related to child commercial sexual exploitation were ongoing, and that the two implementing agencies, namely Humana People to People and Childline Botswana, have been engaged to work in this area. The Committee requested the Government to strengthen its efforts, in collaboration with the ILO–IPEC, to provide the necessary and appropriate direct assistance for the removal of child victims of commercial sexual exploitation, and to ensure their rehabilitation and social integration.

The Committee notes the Government’s statement that children engaged in commercial sexual exploitation are identified as children in need of protection under the Children’s Act of 2009. It also notes that, according to section 54 of the Children’s Act, the Minister shall develop programmes and rehabilitative measures, including community-based counselling and other forms of psychological support to reintegrate abused or exploited children. The Committee requests the Government to take effective and time-bound measures to remove children engaged in commercial sexual exploitation, and to provide the necessary and appropriate direct assistance to children and young persons who have been victims of this worst form of child labour, pursuant to section 54 of the Children’s Act. It also requests the Government to provide information on the number of child victims of commercial sexual exploitation who have been effectively removed, rehabilitated and socially reintegrated as a result of the measures implemented.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that within the framework of the Action Programme on the Elimination of Child Labour (APEC), several programmes were initiated such as: addressing legislation and policy gaps; drafting the list of types of hazardous work prohibited to children under 18 years; and raising awareness on child labour as well as providing training for stakeholders and implementers. The Committee further notes from a report on Botswana by the ILO–IPEC of June 2012 that, within APEC, a rapid assessment of child labour in the agricultural sector, as well as child labour and HIV/AIDS, have been completed; 200 teachers were trained under the ILO–IPEC project entitled Supporting Children’s Rights through Education, the Arts and the Media (SCREAM) and a total of 1,927 children were withdrawn from commercial sexual exploitation and child labour in the agricultural sector. The Committee requests the Government to pursue its efforts to combat the worst forms of child labour in Botswana. It also requests the Government to take the necessary measures to ensure the effective implementation of APEC, and to provide information on the results achieved, particularly with regard to eliminating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (c). Access to free basic education. Following its previous comments, the Committee notes the Government’s information that, in Botswana, the seven-year primary education is free while secondary education is highly subsidized, with parents only contributing 5 per cent towards the cost of education. Moreover, children whose families cannot afford this contribution are exempted and are further provided with other educational necessities like uniforms and books. The Committee notes from the Annual Report of the Work of the United Nations in Botswana, 2010–12 (UN Annual Report) that the Ministry of Education and Skills Development (MOESD) together with UNICEF have been working to develop an Out-of-School Education for Children Programme which seeks to secure a new deal for marginalized and out-of-school children. A baseline data on education was collected within this programme which indicated that the proportion of primary aged children not in primary school has not dropped below 10 per cent in the last ten years, thereby indicating a particular challenge in reaching this last 10 per cent of children and securing their access to basic education. The Committee further notes that, according to UNICEF statistics for 2008–12, the net attendance rates in primary education is 85.5 per cent for boys and 88.2 per cent for girls, and in secondary education it is 35.5 per cent for boys and 43.6 per cent for girls. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to increase its efforts to facilitate access to free basic education. It requests the Government to provide information on the measures taken in this regard, and the results obtained, particularly with regard to increasing the school enrolment and completion rates and reducing school drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans and other vulnerable children (OVCs). In its previous comments, the Committee noted the significant measures taken by the Government for the care and support of HIV/AIDS orphans and OVCs. However, noting that the national prevalence of HIV/AIDS, and the proportion of children being orphaned due to HIV/AIDS, had serious implications for child labour in the country, the Committee requested the Government to redouble its efforts to prevent the engagement of such children in the worst forms of child labour.

The Committee notes the Government’s statement that, in an effort to reach out to orphans and OVCs, the Government maintains a registry to register all orphans as well as children in need of care. By June 2014, a total of 35,236 orphans were registered. These children were provided with food rations and toiletries on a monthly basis, while those who were at school were supported with uniforms and transport facilities to school. Moreover, the Ministry of Local Government and Rural Development, along with the MOESD, initiated a special dispensation programme to give orphans and vulnerable children an opportunity to go for tertiary education through government sponsorship even though their academic achievement did not meet the criteria set by the MOESD for government sponsorship. The Committee further notes from the Government’s report that in the year 2013–14, a total of 1,600 orphans and OVCs were enrolled in schools and vocational training, and for the current year the target has been set at 2,500 children. The Committee requests the Government to continue its efforts to ensure that children orphaned by HIV/AIDS and OVCs are prevented from being engaged in the worst forms of child labour. It requests the Government to continue providing information on the measures taken in this regard and on the results achieved.

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

Article 4(1) of the Convention. Determination of hazardous work. The Committee previously noted the Government’s statement that the Tripartite Labour Advisory Board had prepared a draft list of hazardous types of work which was being circulated to the relevant ministries for their endorsement. The Committee accordingly urged the Government to pursue its efforts to ensure the adoption, in the near future, of the list determining the types of hazardous work prohibited to persons under 18 years of age.

The Committee notes the Government’s indication that the list of types of hazardous work prohibited to young persons has not yet been finalized. The Committee expresses the firm hope that the list, determining the types of hazardous work prohibited to children under 18 years of age, will be adopted in the very near future. It requests the Government to provide a copy of this list once it has been adopted.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child victims of commercial sexual exploitation. In its previous comments, the Committee noted the Government’s statement that prevention and withdrawal efforts related to child commercial sexual exploitation were ongoing, and that the two implementing agencies, namely Humana People to People and Childline Botswana, have been engaged to work in this area. The Committee requested the Government to strengthen its efforts, in collaboration with the ILO–IPEC, to provide the necessary and appropriate direct assistance for the removal of child victims of commercial sexual exploitation, and to ensure their rehabilitation and social integration.

The Committee notes the Government’s statement that children engaged in commercial sexual exploitation are identified as children in need of protection under the Children’s Act of 2009. It also notes that, according to section 54 of the Children’s Act, the Minister shall develop programmes and rehabilitative measures, including community-based counselling and other forms of psychological support to reintegrate abused or exploited children. The Committee requests the Government to take effective and time-bound measures to remove children engaged in commercial sexual exploitation, and to provide the necessary and appropriate direct assistance to children and young persons who have been victims of this worst form of child labour, pursuant to section 54 of the Children’s Act. It also requests the Government to provide information on the number of child victims of commercial sexual exploitation who have been effectively removed, rehabilitated and socially reintegrated as a result of the measures implemented.

The Committee is raising other matters in a request addressed directly to the Government.

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

Article 5 of the Convention. Monitoring mechanisms. Labour inspection forms. The Committee previously noted the Government’s indication in its report to the United Nations Committee on the Rights of the Child of 27 February 2004 that, at that time, the labour inspection form in use did not require the employer to specify the ages of employees (CRC/C/51/Add.9, paragraph 353). The Committee requested the Government to provide information on the labour inspection form currently in use, as well as an example of this form.

The Committee notes the Government’s statement that the labour inspection form has been amended to incorporate measures to determine child labour. In this regard, the Committee notes that the copy of the labour inspection form (submitted with the Government’s report) contains a section on child labour. The Committee notes with interest that this child labour section of the form includes space for the labour inspector to note information related to the worst forms of child labour, including information regarding the nature of the work performed, the likely hazards of the work, the daily and weekly working hours and night work, in addition to information regarding the method of age verification and rest periods.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted the implementation of the ILO–IPEC project entitled “Towards the elimination of the worst forms of child labour” (TECL Project) in Botswana, Lesotho, Namibia, South Africa and Swaziland. It also noted that the Ministry of Labour and Home Affairs was drafting a national action programme on the elimination of the worst forms of child labour.

The Committee notes the information in the ILO–IPEC project report for the TECL Project Phase I of 30 June 2008 that, in February 2008, a wide range of representatives of ministries, organized labour, business organizations and non-governmental organizations met to approve the Action Programme on the Elimination of Child Labour (APEC). This ILO–IPEC report indicates that child participation methodologies were used to obtain children's input in the process of developing the APEC. The Committee also notes the information in the ILO–IPEC project report of September 2010 for the TECL Project Phase II that implementation of the Phase II began in February 2009 and will run until June 2012. The Committee further notes that ILO–IPEC is implementing an action programme entitled “Contributing to the elimination of worst forms of child labour in Botswana with special emphasis on agriculture and the commercial sexual exploitation of children”. According to the ILO–IPEC Outline Summary for this action programme of March 2010, this initiative seeks to withdraw 200 child labourers and prevent 400 at-risk children from becoming engaged in child labour in the agriculture sector or as victims of commercial sexual exploitation. This action programme seeks to identify, withdraw, rehabilitate, and reintegrate the children into mainstream society, into their families and into schools, as well as link them to available social safety nets in the north-east district. The Committee encourages the Government to pursue its efforts, within the framework of the APEC, to combat the worst forms of child labour. It requests the Government to take the necessary measures to ensure the effective implementation of the APEC, and to provide information on the results achieved, particularly with regard to eliminating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (c). Access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee previously requested the Government to provide information on measures taken to provide educational opportunities for children removed from the worst forms of child labour.

The Committee notes the Government’s indication that the Children’s Act of 2009 contains provisions regarding education for children. In this regard, the Committee notes that section 18(1) of the Children’s Act of 2009 states that “every child has a right to free basic education”. The Committee also notes the information in the ILO–IPEC Outline Summary for the action programme “Contributing to the elimination of worst forms of child labour in Botswana with special emphasis on agriculture and CSEC” of March 2010 that this action programme contains several measures to ensure access to education for children removed from the worst forms of child labour. The action programme seeks to enrol children removed from commercial sexual exploitation into a transitional non-formal education programme with the goal of re-linking these children with formal schools, as well as establishing literacy clubs for these children. The action programme will also establish relationships with several vocational training institutions, in order to facilitate admission for withdrawn children. The Committee requests the Government to continue to take measures to facilitate access to free basic education for former victims of the worst forms of child labour, and to provide information on the results achieved. The Committee also requests the Government to provide information on the specific measures taken to implement section 18(1) of the Children’s Act of 2009 to ensure the right to free basic education.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans and other vulnerable children. The Committee previously noted the indication in the “Discussion document on child labour in Botswana”, released in 2006 by the Ministry of Social Security in conjunction with the ILO, that some orphans of HIV/AIDS in Botswana are engaged in child labour, including commercial sexual exploitation, to meet their needs for housing and survival. However, the Committee also noted that, as of March 2007, 53,395 orphans had been registered in the national orphan care programme, which provides food baskets and psychological counselling to orphans, and facilitates the waiving of their school fees.

The Committee notes the information in Botswana’s UNGASS Country Progress Report of March 2010 that 31.2 per cent of households with orphaned and vulnerable children between the ages of 0 and 17 receive free basic external support in caring for the child (representing a significant increase from 2003, when only 3.3 per cent of such households received support). This report also indicates that the National Orphan Care and Home-Based Care programme continues to provide important care and support for those infected and affected by the epidemic. This report further indicates that the successful expansion of the national antiretroviral therapy programme has reduced the annual number of AIDS deaths by half and, as a result, has significantly reduced the number of new orphans each year. Moreover, this report indicates that, out of all areas of AIDS related spending by domestic and international sources in Botswana, support for orphans and other vulnerable children is the second most funded area, after treatment initiatives.

While welcoming the significant measures taken by the Government, the Committee notes that substantial challenges remain. The Committee notes the information in the ILO–IPEC project report of September 2010 for the TECL Project Phase II that a 2008 Botswana impact survey indicated a national prevalence for HIV of 17.6 per cent, which is relatively high for a country with a population of 1.8 million people. This survey also indicated that 16 children out of every 100 below 18 years were orphaned. This ILO–IPEC report further indicates that this epidemic has serious implications for child labour in the country as the orphaned and other affected children are the most exploited economically. Recalling that children orphaned by HIV/AIDS and other vulnerable children are at an increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to redouble its efforts, within the framework of the National Orphan Care and Home-Based Care programme, to ensure that such children are prevented from being engaged in these worst forms. It requests the Government to continue to provide information on the measures taken in this regard, and on results obtained.

Part V of the report form. Practical application of the Convention. Noting an absence of information on this point in the Government’s report, the Committee encourages the Government to take the necessary measures to ensure that sufficient up-to-date data on the prevalence of the worst forms of child labour in the country is made available, including information regarding child trafficking, child commercial sexual exploitation and use of children in illicit activities. To the extent possible, all information provided should be disaggregated by sex and age.

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that most sexual offence provisions in the Penal Code referred only to girls, and that there did not appear to be any similar provisions protecting boys. However, the Committee noted the information in a report entitled “Discussion document on child labour in Botswana”, released by the Ministry of Social Security in conjunction with the ILO in 2006, that some boys, as well as girls, were victims of commercial sexual exploitation. The Committee requested the Government to take measures immediately to secure the prohibition of the use, procuring or offering of both boys and girls for the purpose of prostitution.

The Committee notes with satisfaction that sections 57(1) and 57(3) of the Children’s Act of 2009 (adopted on 16 June 2009) penalizes any person who induces, coerces or encourages any child to engage in prostitution, or who induces, coerces or encourages any person to prostitute or cause the prostitution of any child, and that section 2 of the Act defines a child as any person under 18 years of age. The Committee also notes that such an offence is subject to a fine and imprisonment, pursuant to section 57 of the Children’s Act of 2009.

Use, procuring or offering of a child for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes with satisfaction that section 58(1) of the Children’s Act of 2009 prohibits the involvement of a child in the making of pornographic materials. The Committee also notes that such an offence is subject to a fine and imprisonment, pursuant to section 116 of the Children’s Act of 2009.

Clause (c). Use, procuring or offering of a child for illicit activities in particular for the production and trafficking of drugs. The Committee previously observed an absence of legislative provisions prohibiting the use, procuring or offering of a child for the production and trafficking of drugs. In this regard, the Committee notes with satisfaction that section 60 of the Children’s Act of 2009 prohibits the use of a child in the production or trafficking of narcotic or intoxicating drugs. The Committee also notes that such an offence is subject to a fine and imprisonment, pursuant to section 63 of the Children’s Act of 2009.

Article 4(1). Determination of hazardous work. The Committee previously noted that, pursuant to section 108 of the Employment Act, the Commissioner may notify any employer that the kind of work in which a young person (defined as a person between 15 and 18) is employed is harmful to his health and development, dangerous, immoral or otherwise unsuitable and that “every employer who is so notified shall immediately cease to employ the young person concerned”. The Committee noted that Commissioner had not yet determined the types of hazardous work prohibited to persons under 18 years of age, although consultations with social partners were ongoing on this issue.

The Committee notes the Government’s statement that the list of hazardous types of work has been considered by the Tripartite Labour Advisory Board. In this regard, the Committee notes the information in the ILO–IPEC report for Phase II of the project entitled “Towards the elimination of the worst forms of child labour” (TECL) of September 2010 that this list will be undergoing another review before its endorsement and subsequent presentation to the Minister for Labour, to be gazetted as an official legal document. This ILO–IPEC report also indicates that the Department of Labour has circulated a cabinet memorandum to all the relevant ministries accompanied by this draft list for their endorsement. The Committee urges the Government to pursue its efforts to ensure the adoption, in the near future, of the list determining the types of hazardous work prohibited to persons under 18 years of age. It requests the Government to supply a copy of this list, once it has been adopted.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child victims of commercial sexual exploitation. Following its previous comments, the Committee notes the Government’s statement that prevention and withdrawal efforts related to child commercial sexual exploitation are ongoing, and that two implementing agencies have been engaged to work in this area. In this regard, the Committee notes the information in the ILO–IPEC Outline Summary for the action programme entitled “Contributing to the elimination of worst forms of child labour in Botswana with special emphasis on agriculture and the commercial sexual exploitation of children” of March 2010 that this action programme seeks to prevent 28 boys and 86 girls from becoming victims of commercial sexual exploitation, as well as removing two boys and seven girls from this worst form of child labour. This ILO–IPEC document indicates that children withdrawn from commercial sexual exploitation will be referred to a counsellor for psychosocial support and, as necessary, referred to social workers for linkage with social services, hospitals for medical check-ups and the police. The Committee welcomes this initiative, especially in view of the fact that the United Nations Committee on the Elimination of Discrimination Against Women, in its concluding observations of 26 March 2010, expressed concern that women and girls in Botswana are entering prostitution to support themselves and their families as a result of poverty (CEDAW/C/BOT/CO/3, paragraph 27). The Committee urges the Government to strengthen its efforts, in collaboration with ILO–IPEC, to provide the necessary and appropriate direct assistance for the removal of child victims of commercial sexual exploitation and to ensure their rehabilitation and social integration, including through poverty reduction measures. It requests the Government to provide information on the number of children removed from commercial sexual exploitation and who have benefited from rehabilitative services through the effective and time-bound measures taken.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes 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 3 of the Convention. Clause (b). Worst forms of child labour. 
1. Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that most sexual offence provisions in the Penal Code refer only to girls, and that there do not appear to be any similar provisions protecting boys. The Committee requested the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution. The Committee noted the information in the “Discussion document on child labour in Botswana”, released by the Ministry of Social Security in conjunction with the ILO in 2006 (“child labour report”), that a rapid assessment on commercial sexual exploitation indicated that some boys, as well as girls, are involved in commercial sexual exploitation. The Committee recalled that under Article 3(b) of the Convention the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to indicate if measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution have been taken, and if not, to take such measures immediately.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously observed that section 178 of the Penal Code provides that a person who makes, produces, imports, conveys or possesses obscene pictures, photographs or films, for the purpose of trade or distribution, is guilty of an offence. The Committee observed however, that the provisions of the Penal Code do not appear to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. Noting the absence of information on this point in the Government’s report, the Committee reminded the Government that, by virtue of Article 3(b) of the Convention, such an activity is considered to be one of the worst forms of child labour and that under Article 1 of the Convention, each member State which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee again requests the Government to take the necessary measures to ensure that the use, procuring or offering of both boys and girls under 18 years of age, by anyone, for the production of pornography or for pornographic performances is prohibited. It also requests the Government to adopt provisions establishing appropriate penalties for this worst form of child labour.

Clause (c). Use, procuring or offering of a child for illicit activities in particular for the production and trafficking of drugs. In its previous comments, the Committee observed that the Drugs and Related Substances Act, 1992, regulates the manufacturing, import, export or distribution of drugs. However, it observed that no provisions prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee noted the information included with the Government’s report that there are instances of the use of children by adults to commit crimes in the Kgalagadi district and in major cities, where children are used for organized street crime, thefts from vehicles and breaking into homes. The Committee again recalled that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities are considered to be among the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of the relevant legislation.

Clause (d). Hazardous work. Self-employed workers. The Committee previously noted that by virtue of section 110(1) f the Employment Act (now section 108 (1)), children under 18 shall not be employed in any work which is harmful to their health or development, dangerous or immoral. However, the Committee observed that, by virtue of section 2 of the Employment Act, the scope of application of this Act is limited to persons working under an employment contract and domestic employees. Noting the lack of information on this point in the Government’s report, the Committee recalled that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a contract of employment or not, and whether it is remunerated or not. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of self-employed workers under 18 years of age against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4(1). Determination of hazardous work. The Committee noted previously, under the Minimum Age Convention, 1973 (No. 138), that pursuant to section 108 of the Employment Act, “the Commissioner may notify any employer in writing or, by notice published in the Gazette … 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, and every employer who is so notified shall immediately cease to employ the young person concerned”. Under the Employment Act, a young person is defined as anyone who has attained the age of 15 but is under 18 years of age. The Committee noted the information in the Government’s reports submitted under the Minimum Age Convention, 1973 (No. 138), that indicate that, as of 2007, the Commissioner had not yet determined the types of hazardous work prohibited to children under 18 years of age, although consultations with social partners on this issue were ongoing. In this regard, the Committee drew the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environments which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the commissioner will take into consideration the types of work enumerated in Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), in determining the types of work to be considered as hazardous. It also requests the Government to provide information on progress made in this regard and to supply a copy of the list once it has been adopted.

Article 5. Monitoring mechanisms. The Committee previously requested the Government to provide information on inspections carried out by the labour inspectorate regarding the worst forms of child labour. The Committee noted that the Government’s information in its report submitted to the Committee on the Rights of the Child (CRC) on 27 February 2004 that, at that time, the labour inspection form being used did not require the employer to specific the ages of employees (CRC/c/51/Add.9, paragraph 353). The Committee noted that Committee on the Rights of the Child (CRC), in its concluding observations of 3 November 2004, encouraged the Government to improve the system and quality of labour inspection in order to reduce the economic exploitation of children. The Committee requests the Government to provide information on the labour inspection form currently in use, and requests the Government to provide an example of this form. Further, the Committee again asks the Government to provide information on inspections carried out by the labour inspectorate regarding infringements of the national provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee took note of the ILO partnership project entitled “Towards the elimination of the worst forms of child labour” (TECL), which focuses on child trafficking, commercial sexual exploitation, and educational rehabilitation in South Africa, Botswana, Namibia, Lesotho and Swaziland. The Committee noted the information in the Government’s report that the TECL project resulted in the drafting of a national action programme on the elimination of the worst forms of child labour (APEC) by the Ministry of Labour and Home Affairs, in broad consultation with other ministries and civil society. The Committee also noted the Government’s statement that the APEC was presented by the Programme Advisory Committee on Child Labour in February 2008 for submission to the Permanent Secretary in the Ministry of Labour and Home Affairs, to secure the necessary government approvals. The Committee further noted that the APEC included plans of action to address the current legislation and policy gaps as well as to create awareness and to disseminate information on child labour. Implementing the APEC will involve various programmes and procedures to address the withdrawal and rehabilitation of children in the worst forms of child labour, the enforcement of the relevant legislation, and the provision of training to relevant stakeholders and implementers, such as labour inspectors, police, social workers, youth officers, diversion service providers, legal representatives and magistrates. The Committee requests the Government to continue providing information on the implementation of the national action programme on the elimination of the worst forms of child labour, as well as results achieved.

Article 7(2). Time-bound and effective measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child victims of commercial sexual exploitation. The Committee noted the information in the Government’s report that there are recorded instances of commercial sexual exploitation of children at truck stops as well as around sheebeens (unlicensed drinking establishments), hotels and bars. The Committee also noted the Government’s statement that commercial sexual exploitation is generally linked to poverty, and that some children are introduced to exploitative sex work by members of their families. The Committee further noted the findings of a study in the child labour report in which 51 commercial sex workers in Gaborone were interviewed. The study indicated that half of those interviewed were aged
15–24 years and a quarter of these girls were aged 12–14 years. Most of these young girls had been recruited into this work by friends or immediate family members at ages as young as 9 years old. In addition, the Committee noted that the CRC, in its concluding observations of 3 November 2004, expressed concern at the increasing incidence of the commercial sexual exploitation of children, and encouraged the Government to prioritize recovery assistance and to ensure that education and training as well as psychosocial assistance and counselling are provided to victims (CRC/C/15/Add.242, paragraph 59). The Committee expresses concern at reports of the commercial sexual exploitation of children and requests the Government to provide information on the measures taken, in the context of the national plan on the elimination of the worst forms of child labour, to provide the necessary and appropriate direct assistance for the removal of child victims of commercial sexual exploitation and to ensure their rehabilitation and social integration.

Clause (c). Access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee noted the Government’s statement that the Botswana National Youth Council is spearheading a reducing child labour in Southern Africa (RECLISA) project, in Gaborone and Gatsi, which enables out-of-school children who are at risk of, or already involved in, detrimental work, to access education. The Committee noted that this has resulted in the enrolment of 943 street and farm children into primary and secondary schools, including the provision of uniforms for 615 children. The Committee requests the Government to continue providing information on these and other effective and time-bound measures to provide educational opportunities for children removed from the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans and other vulnerable children. The Committee noted the Government’s information in its report submitted to the Human Rights Council on 5 September 2008 that a significant share of the Government’s budget has been allocated to the National Aids Coordinating Agency, which is mandated to coordinate the overall response to the epidemic, and that the Government undertook a National Strategic Framework (NSF) for HIV/AIDS (2003–09). The Committee also noted the information in this report that the National Strategic Framework II (2009–16) has been developed (A/HRC/WG.6/3/BWA/1, paragraphs 109–110). The Committee further noted that Phase II of the ILO–TECL project will focus on HIV/AIDS by supporting and monitoring the implementation of national plans of action in three core countries in southern Africa, including Botswana.

The Committee noted the information in the Government’s report entitled “2008 progress report of the national response to the UNGASS Declaration of Commitment on HIV/AIDS” issued in February 2008, that there is a national orphan care programme that provides food baskets and psychological counselling to orphans, and facilitates the waiving of their school fees. By March 2007, 53,395 orphans had been registered in this programme. While the Committee welcomed these measures, it noted with concern that many children are not reached through this programme. According to UNAIDS data, there are approximately 95,000 orphans aged 0–17 in Botswana due to AIDS-related deaths. The Committee also noted the information in the child labour report which indicates that, while school attendance rates of these children remain very similar to non-orphans, some of these children are engaged in child labour, including commercial sexual exploitation to meet their needs for housing and survival. Recalling that children orphaned by HIV/AIDS and other vulnerable children are at increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to redouble its efforts to ensure that children orphaned by HIV/AIDS and other vulnerable children are prevented from being engaged in the worst forms of child labour. It requests the Government to provide information on the results obtained.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted the information in the Government’s report that an estimated 9 per cent of children aged 7–17 (38,375 children) are engaged in economic activity, and that 80 per cent of these children are engaged in hazardous forms of work. The Committee also noted the information in the Government’s report that indicates that there is an emerging problem with the movement of children between relatives, especially orphans, for the purpose of exploitative domestic labour. The Committee expresses its concern at the situation and encourages the Government to redouble its efforts to ensure in practice the protection of young persons under 18 years of age against the worst forms of child labour, particularly hazardous work and exploitative domestic labour. In addition, the Committee asks the Government to continue to provide information on the worst forms of child labour, including for example, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Clause (b). Worst forms of child labour. 
1. Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that most sexual offence provisions in the Penal Code refer only to girls, and that there do not appear to be any similar provisions protecting boys. The Committee requested the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution. The Committee notes the information in the “Discussion document on child labour in Botswana”, released by the Ministry of Social Security in conjunction with the ILO in 2006 (“child labour report”), that a rapid assessment on commercial sexual exploitation indicated that some boys, as well as girls, are involved in commercial sexual exploitation. The Committee recalls that under Article 3(b) of the Convention the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to indicate if measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution have been taken, and if not, to take such measures immediately.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously observed that section 178 of the Penal Code provides that a person who makes, produces, imports, conveys or possesses obscene pictures, photographs or films, for the purpose of trade or distribution, is guilty of an offence. The Committee observed however, that the provisions of the Penal Code do not appear to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. Noting the absence of information on this point in the Government’s report, the Committee reminds the Government that, by virtue of Article 3(b) of the Convention, such an activity is considered to be one of the worst forms of child labour and that under Article 1 of the Convention, each member State which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee again requests the Government to take the necessary measures to ensure that the use, procuring or offering of both boys and girls under 18 years of age, by anyone, for the production of pornography or for pornographic performances is prohibited. It also requests the Government to adopt provisions establishing appropriate penalties for this worst form of child labour.

Clause (c). Use, procuring or offering of a child for illicit activities in particular for the production and trafficking of drugs. In its previous comments, the Committee observed that the Drugs and Related Substances Act, 1992, regulates the manufacturing, import, export or distribution of drugs. However, it observed that no provisions prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes the information included with the Government’s report that there are instances of the use of children by adults to commit crimes in the Kgalagadi district and in major cities, where children are used for organized street crime, thefts from vehicles and breaking into homes. The Committee again recalls that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities are considered to be among the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of the relevant legislation.

Clause (d). Hazardous work. Self-employed workers. The Committee previously noted that by virtue of section 110(1) f the Employment Act (now section 108 (1)), children under 18 shall not be employed in any work which is harmful to their health or development, dangerous or immoral. However, the Committee observed that, by virtue of section 2 of the Employment Act, the scope of application of this Act is limited to persons working under an employment contract and domestic employees. Noting the lack of information on this point in the Government’s report, the Committee recalls that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a contract of employment or not, and whether it is remunerated or not. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of self-employed workers under 18 years of age against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee noted previously, under the Minimum Age Convention, 1973 (No. 138), that pursuant to section 108 of the Employment Act, “the Commissioner may notify any employer in writing or, by notice published in the Gazette … 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, and every employer who is so notified shall immediately cease to employ the young person concerned”. Under the Employment Act, a young person is defined as anyone who has attained the age of 15 but is under 18 years of age. The Committee notes the information in the Government’s reports submitted under the Minimum Age Convention, 1973 (No. 138), that indicate that, as of 2007, the Commissioner had not yet determined the types of hazardous work prohibited to children under 18 years of age, although consultations with social partners on this issue were ongoing. In this regard, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environments which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the commissioner will take into consideration the types of work enumerated in Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), in determining the types of work to be considered as hazardous. It also requests the Government to provide information on progress made in this regard and to supply a copy of the list once it has been adopted.

Article 5. Monitoring mechanisms. The Committee previously requested the Government to provide information on inspections carried out by the labour inspectorate regarding the worst forms of child labour. The Committee notes that the Government’s information in its report submitted to the Committee on the Rights of the Child (CRC) on 27 February 2004 that, at that time, the labour inspection form being used did not require the employer to specific the ages of employees (CRC/c/51/Add.9, paragraph 353). The Committee notes that Committee on the Rights of the Child (CRC), in its concluding observations of 3 November 2004, encouraged the Government to improve the system and quality of labour inspection in order to reduce the economic exploitation of children. The Committee requests the Government to provide information on the labour inspection form currently in use, and requests the Government to provide an example of this form. Further, the Committee again asks the Government to provide information on inspections carried out by the labour inspectorate regarding infringements of the national provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee takes note of the ILO partnership project entitled “Towards the elimination of the worst forms of child labour” (TECL), which focuses on child trafficking, commercial sexual exploitation, and educational rehabilitation in South Africa, Botswana, Namibia, Lesotho and Swaziland. The Committee notes the information in the Government’s report that the TECL project resulted in the drafting of a national action programme on the elimination of the worst forms of child labour (APEC) by the Ministry of Labour and Home Affairs, in broad consultation with other ministries and civil society. The Committee also notes the Government’s statement that the APEC was presented by the Programme Advisory Committee on Child Labour in February 2008 for submission to the Permanent Secretary in the Ministry of Labour and Home Affairs, to secure the necessary government approvals. The Committee further notes that the APEC included plans of action to address the current legislation and policy gaps as well as to create awareness and to disseminate information on child labour. Implementing the APEC will involve various programmes and procedures to address the withdrawal and rehabilitation of children in the worst forms of child labour, the enforcement of the relevant legislation, and the provision of training to relevant stakeholders and implementers, such as labour inspectors, police, social workers, youth officers, diversion service providers, legal representatives and magistrates. The Committee requests the Government to continue providing information on the implementation of the national action programme on the elimination of the worst forms of child labour, as well as results achieved.

Article 7, paragraph 2. Time-bound and effective measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child victims of commercial sexual exploitation. The Committee notes the information in the Government’s report that there are recorded instances of commercial sexual exploitation of children at truck stops as well as around sheebeens (unlicensed drinking establishments), hotels and bars. The Committee also notes the Government’s statement that commercial sexual exploitation is generally linked to poverty, and that some children are introduced to exploitative sex work by members of their families. The Committee further notes the findings of a study in the child labour report in which 51 commercial sex workers in Gaborone were interviewed. The study indicated that half of those interviewed were aged 15–24 years and a quarter of these girls were aged 12–14 years. Most of these young girls had been recruited into this work by friends or immediate family members at ages as young as 9 years old. In addition, the Committee notes that the CRC, in its concluding observations of 3 November 2004, expressed concern at the increasing incidence of the commercial sexual exploitation of children, and encouraged the Government to prioritize recovery assistance and to ensure that education and training as well as psychosocial assistance and counselling are provided to victims (CRC/C/15/Add.242, paragraph 59). The Committee expresses concern at reports of the commercial sexual exploitation of children and requests the Government to provide information on the measures taken, in the context of the national plan on the elimination of the worst forms of child labour, to provide the necessary and appropriate direct assistance for the removal of child victims of commercial sexual exploitation and to ensure their rehabilitation and social integration.

Clause (c). Access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee notes the Government’s statement that the Botswana National Youth Council is spearheading a reducing child labour in Southern Africa (RECLISA) project, in Gaborone and Gatsi, which enables out-of-school children who are at risk of, or already involved in, detrimental work, to access education. The Committee notes that this has resulted in the enrolment of 943 street and farm children into primary and secondary schools, including the provision of uniforms for 615 children. The Committee requests the Government to continue providing information on these and other effective and time-bound measures to provide educational opportunities for children removed from the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans and other vulnerable children. The Committee notes the Government’s information in its report submitted to the Human Rights Council on 5 September 2008 that a significant share of the Government’s budget has been allocated to the National Aids Coordinating Agency, which is mandated to coordinate the overall response to the epidemic, and that the Government undertook a National Strategic Framework (NSF) for HIV/AIDS (2003–09). The Committee also notes the information in this report that the National Strategic Framework II (2009–16) has been developed (A/HRC/WG.6/3/BWA/1, paragraphs 109–110). The Committee further notes that Phase II of the
ILO–TECL project will focus on HIV/AIDS by supporting and monitoring the implementation of national plans of action in three core countries in southern Africa, including Botswana.

The Committee notes the information in the Government’s report entitled “2008 progress report of the national response to the UNGASS Declaration of Commitment on HIV/AIDS” issued in February 2008, that there is a national orphan care programme that provides food baskets and psychological counselling to orphans, and facilitates the waiving of their school fees. By March 2007, 53,395 orphans had been registered in this programme. While the Committee welcomes these measures, it notes with concern that many children are not reached through this programme. According to UNAIDS data, there are approximately 95,000 orphans aged 0–17 in Botswana due to AIDS-related deaths. The Committee also notes the information in the child labour report which indicates that, while school attendance rates of these children remain very similar to non-orphans, some of these children are engaged in child labour, including commercial sexual exploitation to meet their needs for housing and survival. Recalling that children orphaned by HIV/AIDS and other vulnerable children are at increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to redouble its efforts to ensure that children orphaned by HIV/AIDS and other vulnerable children are prevented from being engaged in the worst forms of child labour. It requests the Government to provide information on the results obtained.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the information in the Government’s report that an estimated 9 per cent of children aged 7–17 (38,375 children) are engaged in economic activity, and that 80 per cent of these children are engaged in hazardous forms of work. The Committee also notes the information in the Government’s report that indicates that there is an emerging problem with the movement of children between relatives, especially orphans, for the purpose of exploitative domestic labour. The Committee expresses its concern at the situation and encourages the Government to redouble its efforts to ensure in practice the protection of young persons under 18 years of age against the worst forms of child labour, particularly hazardous work and exploitative domestic labour. In addition, the Committee asks the Government to continue to provide information on the worst forms of child labour, including for example, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that for the fourth consecutive year, 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 3 of the Convention. Worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted that, under section 149(b) of the Penal Code, it is an offence to procure or attempt to procure a girl or a woman under the age of 21 years to become a prostitute either in the country or elsewhere. Pursuant to section 149(d) of the Penal Code, it is an offence to procure or attempt to procure a woman or a girl to leave her usual place of abode in Botswana with the intent that she may, for the purposes of prostitution, become an inmate of or frequent brothels in Botswana or elsewhere. The Committee also noted that section 153(b) of the Penal Code provides that a person who detains any woman or girl against her will in a brothel, is guilty of an offence. Section 158 of the Penal Code further states that any person who keeps or manages or assists in the management of a brothel is guilty of an offence. The Committee noted that most of the sexual offences provisions in the Penal Code refer to girls, and there do not appear to be any similar provisions protecting boys. The Committee recalled that under Article 3(b) of the Convention the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee noted the absence of information in the Government’s report on this point. The Committee observed that section 178 of the Penal Code provides that a person who makes, produces, imports, conveys or possesses obscene pictures, photographs, films, for the purpose of trade or distribution, is guilty of an offence. The Committee observed however, that the provisions of the Penal Code do not appear to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminded the Government that, by virtue of Article 3(b) of the Convention, such an activity is considered to be one of the worst forms of child labour and that under Article 1 of the Convention, each member State which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of both boys and girls under 18 years of age, by anyone, for the production of pornography or for pornographic performances is prohibited, as well as applicable penalties.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted the absence of information in the Government’s report on this issue. The Committee observed that the Drugs and Related Substances Act, 1992 regulates the manufacturing, import, export or distribution of drugs. However, it observed that no provisions prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee recalled that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

Clause (d). Hazardous work.  Self-employed workers. The Committee noted that by virtue of section 110(1) of the Employment Act, children under 18 shall not be employed on any work which is harmful to their health or development, dangerous or immoral. However, the Committee observed that, by virtue of section 2 of the Employment Act, the scope of application of this Act is limited to persons working under an employment contract and domestic employees. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of self-employed workers under 18 years of age against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee observed that section 110(2) of the Employment Act states that 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/her health and development, dangerous, immoral or otherwise unsuitable, and every employer who is so notified shall immediately cease to employ the young person concerned. The Committee also noted the Government’s statement that the types of hazardous work have not been determined yet. The Committee drew the attention of the Government to Article 4, paragraph 1, of the Convention, which provides that the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee also drew the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests the Government to take the necessary measures to determine the types of work to be considered as hazardous in consultation with the organizations of employers and workers concerned, in conformity with Article 4, paragraph 1, of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee requests the Government to inform it of any developments in this regard.

Article 5. Monitoring mechanisms. The Committee noted the Government’s indication, that the labour inspectorate will monitor the implementation of the provisions giving effect to this Convention. The Government also stated that the organizations of employers and workers were consulted within the tripartite Labour Advisory Board on the establishment of monitoring mechanisms, as provided under section 149 of the Employment Act. The Committee noted that by virtue of section 11 of the Employment Act, the Commissioner or labour officer may enter, inspect and examine any land, building, place where or about which an employee is housed or employed. He/she may question any employer or employee or other person, copy documents or records in possession of an employer regarding matters connected with this Act. The Committee also noted that, by virtue of section 11(4) of the Act, the Commissioner may prohibit the engagement of employees at any place where he/she is satisfied that the conditions therein do not comply with the Act. The Committee asks the Government to provide information on inspections carried out by the labour inspectorate regarding infringements of the national provisions giving effect to the Convention. It also asks the Government to supply copies of reports of the labour inspectorate.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee noted the Government’s statement, that no programmes of action to eliminate the worst forms of child labour have been designed as yet. The Committee reminded the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to urgently design and adopt the necessary programmes of action, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Botswana.

Article 7, paragraph 2. Time-bound and effective measures. The Committee took note of the Government’s indications on the absence of time-bound and effective measures: (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (c) ensuring access to free basic education; and (e) taking into account the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(b), (c) and (e) of the Convention. It also asks the Government to provide a copy of the legislative measures regulating basic education.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee observed that, according to the Ministry of Education’s annual report on education of 1999, the 1994 Revised National Policy on Education improved access to education at the primary level. Indeed in 1993, 85 per cent of children aged 6 to 12 enrolled in primary education. In 1999, this enrolment rate increased to 89 per cent. For children aged 7 to 13 years the enrolment rate was 95 per cent in 1993 and reached 99.5 per cent in 1999. However, the Committee noted that, according to the abovementioned report, approximately 87 per cent of pupils in primary education dropped out of school in 1999. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that children enrolled in primary education do not drop out of school.

Clause (d). Identifying and reaching out to children at special risk. The Committee noted that according to the United Nations Development Programme (UNDP), HIV prevalence rate is 36 per cent for persons aged between 15 and 49 years old. By 2010, 20 per cent of all children are projected to be orphans. It took due note that the Government and UNDP signed the HIV/AIDS Programme Support Document in June 1997. The programme was later evaluated in 1999 and extended for completion in 2002. The Committee observes that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour. The Committee requests the Government to provide information on measures envisaged or taken to address the situation of these children.

Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that for the third consecutive year 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 3 of the Convention. Worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted that, under section 149(b) of the Penal Code, it is an offence to procure or attempt to procure a girl or a woman under the age of 21 years to become a prostitute either in the country or elsewhere. Pursuant to section 149(d) of the Penal Code, it is an offence to procure or attempt to procure a woman or a girl to leave her usual place of abode in Botswana with the intent that she may, for the purposes of prostitution, become an inmate of or frequent brothels in Botswana or elsewhere. The Committee also noted that section 153(b) of the Penal Code provides that a person who detains any woman or girl against her will in a brothel, is guilty of an offence. Section 158 of the Penal Code further states that any person who keeps or manages or assists in the management of a brothel is guilty of an offence. The Committee noted that most of the sexual offences provisions in the Penal Code refer to girls, and there do not appear to be any similar provisions protecting boys. The Committee recalled that under Article 3(b) of the Convention the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee noted the absence of information in the Government’s report on this point. The Committee observed that section 178 of the Penal Code provides that a person who makes, produces, imports, conveys or possesses obscene pictures, photographs, films, for the purpose of trade or distribution, is guilty of an offence. The Committee observed however, that the provisions of the Penal Code do not appear to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminded the Government that, by virtue of Article 3(b) of the Convention, such an activity is considered to be one of the worst forms of child labour and that under Article 1 of the Convention, each member State which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of both boys and girls under 18 years of age, by anyone, for the production of pornography or for pornographic performances is prohibited, as well as applicable penalties.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted the absence of information in the Government’s report on this issue. The Committee observed that the Drugs and Related Substances Act, 1992 regulates the manufacturing, import, export or distribution of drugs. However, it observed that no provisions prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee recalled that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

Clause (d). Hazardous work.  Self-employed workers. The Committee noted that by virtue of section 110(1) of the Employment Act, children under 18 shall not be employed on any work which is harmful to their health or development, dangerous or immoral. However, the Committee observed that, by virtue of section 2 of the Employment Act, the scope of application of this Act is limited to persons working under an employment contract and domestic employees. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of self-employed workers under 18 years of age against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee observed that section 110(2) of the Employment Act states that 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/her health and development, dangerous, immoral or otherwise unsuitable, and every employer who is so notified shall immediately cease to employ the young person concerned. The Committee also noted the Government’s statement that the types of hazardous work have not been determined yet. The Committee drew the attention of the Government to Article 4, paragraph 1, of the Convention, which provides that the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee also drew the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests the Government to take the necessary measures to determine the types of work to be considered as hazardous in consultation with the organizations of employers and workers concerned, in conformity with Article 4, paragraph 1, of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee requests the Government to inform it of any developments in this regard.

Article 5. Monitoring mechanisms. The Committee noted the Government’s indication, that the labour inspectorate will monitor the implementation of the provisions giving effect to this Convention. The Government also stated that the organizations of employers and workers were consulted within the tripartite Labour Advisory Board on the establishment of monitoring mechanisms, as provided under section 149 of the Employment Act. The Committee noted that by virtue of section 11 of the Employment Act, the Commissioner or labour officer may enter, inspect and examine any land, building, place where or about which an employee is housed or employed. He/she may question any employer or employee or other person, copy documents or records in possession of an employer regarding matters connected with this Act. The Committee also noted that, by virtue of section 11(4) of the Act, the Commissioner may prohibit the engagement of employees at any place where he/she is satisfied that the conditions therein do not comply with the Act. The Committee asks the Government to provide information on inspections carried out by the labour inspectorate regarding infringements of the national provisions giving effect to the Convention. It also asks the Government to supply copies of reports of the labour inspectorate.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee noted the Government’s statement, that no programmes of action to eliminate the worst forms of child labour have been designed as yet. The Committee reminded the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to urgently design and adopt the necessary programmes of action, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Botswana.

Article 7, paragraph 2. Time-bound and effective measures. The Committee took note of the Government’s indications on the absence of time-bound and effective measures: (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (c) ensuring access to free basic education; and (e) taking into account the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(b), (c) and (e) of the Convention. It also asks the Government to provide a copy of the legislative measures regulating basic education.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee observed that, according to the Ministry of Education’s annual report on education of 1999, the 1994 Revised National Policy on Education improved access to education at the primary level. Indeed in 1993, 85 per cent of children aged 6 to 12 enrolled in primary education. In 1999, this enrolment rate increased to 89 per cent. For children aged 7 to 13 years the enrolment rate was 95 per cent in 1993 and reached 99.5 per cent in 1999. However, the Committee noted that, according to the abovementioned report, approximately 87 per cent of pupils in primary education dropped out of school in 1999. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that children enrolled in primary education do not drop out of school.

Clause (d). Identifying and reaching out to children at special risk. The Committee noted that according to the United Nations Development Programme (UNDP), HIV prevalence rate is 36 per cent for persons aged between 15 and 49 years old. By 2010, 20 per cent of all children are projected to be orphans. It took due note that the Government and UNDP signed the HIV/AIDS Programme Support Document in June 1997. The programme was later evaluated in 1999 and extended for completion in 2002. The Committee observes that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour. The Committee requests the Government to provide information on measures envisaged or taken to address the situation of these children.

Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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 3 of the Convention. Worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, under section 149(b) of the Penal Code, it is an offence to procure or attempt to procure a girl or a woman under the age of 21 years to become a prostitute either in the country or elsewhere. Pursuant to section 149(d) of the Penal Code, it is an offence to procure or attempt to procure a woman or a girl to leave her usual place of abode in Botswana with the intent that she may, for the purposes of prostitution, become an inmate of or frequent brothels in Botswana or elsewhere. The Committee also notes that section 153(b) of the Penal Code provides that a person who detains any woman or girl against her will in a brothel, is guilty of an offence. Section 158 of the Penal Code further states that any person who keeps or manages or assists in the management of a brothel is guilty of an offence. The Committee notes that most of the sexual offences provisions in the Penal Code refer to girls, and there do not appear to be any similar provisions protecting boys. The Committee recalls that under Article 3(b) of the Convention the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report on this point. The Committee observes that section 178 of the Penal Code provides that a person who makes, produces, imports, conveys or possesses obscene pictures, photographs, films, for the purpose of trade or distribution, is guilty of an offence. The Committee observes however, that the provisions of the Penal Code do not appear to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, such an activity is considered to be one of the worst forms of child labour and that under Article 1 of the Convention, each member State which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of both boys and girls under 18 years of age, by anyone, for the production of pornography or for pornographic performances is prohibited, as well as applicable penalties.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the absence of information in the Government’s report on this issue. The Committee observes that the Drugs and Related Substances Act, 1992 regulates the manufacturing, import, export or distribution of drugs. However, it observes that no provisions prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee recalls that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

Clause (d). Hazardous work.  Self-employed workers. The Committee notes that by virtue of section 110(1) of the Employment Act, children under 18 shall not be employed on any work which is harmful to their health or development, dangerous or immoral. However, the Committee observes that, by virtue of section 2 of the Employment Act, the scope of application of this Act is limited to persons working under an employment contract and domestic employees. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of self-employed workers under 18 years of age against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee observes that section 110(2) of the Employment Act states that 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/her health and development, dangerous, immoral or otherwise unsuitable, and every employer who is so notified shall immediately cease to employ the young person concerned. The Committee also notes the Government’s statement that the types of hazardous work have not been determined yet. The Committee draws the attention of the Government to Article 4, paragraph 1, of the Convention, which provides that the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee also draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests the Government to take the necessary measures to determine the types of work to be considered as hazardous in consultation with the organizations of employers and workers concerned, in conformity with Article 4, paragraph 1, of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee requests the Government to inform it of any developments in this regard.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication, in its report, that the labour inspectorate will monitor the implementation of the provisions giving effect to this Convention. The Government also states that the organizations of employers and workers were consulted within the tripartite Labour Advisory Board on the establishment of monitoring mechanisms, as provided under section 149 of the Employment Act. The Committee notes that by virtue of section 11 of the Employment Act, the Commissioner or labour officer may enter, inspect and examine any land, building, place where or about which an employee is housed or employed. He/she may question any employer or employee or other person, copy documents or records in possession of an employer regarding matters connected with this Act. The Committee also notes that, by virtue of section 11(4) of the Act, the Commissioner may prohibit the engagement of employees at any place where he/she is satisfied that the conditions therein do not comply with the Act. The Committee asks the Government to provide information on inspections carried out by the labour inspectorate regarding infringements of the national provisions giving effect to the Convention. It also asks the Government to supply copies of reports of the labour inspectorate.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement, in its report, that no programmes of action to eliminate the worst forms of child labour have been designed as yet. The Committee reminds the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to urgently design and adopt the necessary programmes of action, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Botswana.

Article 7, paragraph 2. Time-bound and effective measures. The Committee takes note of the Government’s indications on the absence of time-bound and effective measures: (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (c) ensuring access to free basic education; and (e) taking into account the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(b), (c) and (e) of the Convention. It also asks the Government to provide a copy of the legislative measures regulating basic education.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee observes that, according to the Ministry of Education’s annual report on education of 1999, the 1994 Revised National Policy on Education improved access to education at the primary level. Indeed in 1993, 85 per cent of children aged 6 to 12 enrolled in primary education. In 1999, this enrolment rate increased to 89 per cent. For children aged 7 to 13 years the enrolment rate was 95 per cent in 1993 and reached 99.5 per cent in 1999. However, the Committee notes that, according to the abovementioned report, approximately 87 per cent of pupils in primary education dropped out of school in 1999. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that children enrolled in primary education do not drop out of school.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that according to the United Nations Development Programme (UNDP), HIV prevalence rate is 36 per cent for persons aged between 15 and 49 years old. By 2010, 20 per cent of all children are projected to be orphans. It takes due note that the Government and UNDP signed the HIV/AIDS Programme Support Document in June 1997. The programme was later evaluated in 1999 and extended for completion in 2002. The Committee observes that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour. The Committee requests the Government to provide information on measures envisaged or taken to address the situation of these children.

Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

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

The Committee notes 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 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Slavery, sale and trafficking of children and forced or compulsory labour. The Committee notes that article 6, paragraphs (1) and (2), of the Constitution provide that no person shall be held in slavery or servitude and prohibit forced labour. Regarding slavery, the Committee observes that under section 260 of the Penal Code, anyone who detains a person, as a slave against his/her will is guilty of an offence. Section 261 of the Penal Code also states that anyone who buys, sells, or disposes of a person as a slave, or who traffics or deals in slaves is guilty of an offence. The Committee also notes that, by virtue of section 256 of the Penal Code, anyone who kidnaps or abducts a person to subject him/her to grievous harm, or slavery or to the unnatural lust of any person, is guilty of an offence. The Committee observes that section 250 of the Penal Code defines a kidnapper as a person who conveys any person beyond the limits of Botswana without the consent of that person, or without the consent of some person legally authorized to consent on behalf of that person. According to section 252 of the Penal Code, abduction means any person who by force compels, or by any deceitful means induces, a person from any place. The Committee further observes that section 71 of the Employment Act, 1982, states that any person who exacts or imposes forced labour or causes or permits forced labour to be exacted or imposed for his/her benefit or for the benefit of any other persons shall be punished by a fine of 2,000 pula and to imprisonment for 18 months. It also notes that under section 262 of the Penal Code, any person who unlawfully compels any person to labour against the will of that person is guilty of an offence. The Committee however notes that none of these provisions specifically apply to children. The Committee accordingly asks the Government to provide information on the practical application of the abovementioned provisions which prohibit slavery, the sale and trafficking of persons, and forced or compulsory labour, to children under 18 years of age.

2. Compulsory recruitment of children in armed conflict. The Committee notes the absence of information in the Government’s report on this point. However, it notes that recruitment in the Botswana Defence Force is on a voluntary basis and that the minimum age for voluntary recruitment into the armed forces is 18. The Committee requests the Government to provide a copy of the Botswana Defence Forces Act of 15 April 1977 and of any other relevant legislation.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that, under section 149(b) of the Penal Code, it is an offence to procure or attempt to procure a girl or a woman under the age of 21 years to become a prostitute either in the country or elsewhere. Pursuant to section 149(d) of the Penal Code, it is an offence to procure or attempt to procure a woman or a girl to leave her usual place of abode in Botswana with the intent that she may, for the purposes of prostitution, become an inmate of or frequent brothels in Botswana or elsewhere. The Committee also notes that section 153(b) of the Penal Code provides that a person who detains any woman or girl against her will in a brothel, is guilty of an offence. Section 158 of the Penal Code further states that any person who keeps or manages or assists in the management of a brothel is guilty of an offence. The Committee notes that most of the sexual offences provisions in the Penal Code refer to girls, and there do not appear to be any similar provisions protecting boys. The Committee recalls that under Article 3(b) of the Convention the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution.

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report on this point. The Committee observes that section 178 of the Penal Code provides that a person who makes, produces, imports, conveys or possesses obscene pictures, photographs, films, for the purpose of trade or distribution, is guilty of an offence. The Committee observes however, that the provisions of the Penal Code do not appear to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, such an activity is considered to be one of the worst forms of child labour and that under Article 1 of the Convention, each member State which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of both boys and girls under 18 years of age, by anyone, for the production of pornography or for pornographic performances is prohibited, as well as applicable penalties.

Clause (c). The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the absence of information in the Government’s report on this issue. The Committee observes that the Drugs and Related Substances Act, 1992 regulates the manufacturing, import, export or distribution of drugs. However, it observes that no provisions prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee recalls that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

Clause (d). 1. Hazardous work. The Committee notes that section 110(1) of the Employment Act, 1982 states that no young persons shall be employed in any work which is harmful to his/her health and development, dangerous or immoral. Section 2(1) of the Employment Act defines a young person as anyone who has attained the age of 15 but is under 18 years of age. The Committee also notes that underground and night works are prohibited for young persons by virtue of sections 108 and 109 of the Employment Act.

2. Self-employed workers. The Committee notes that by virtue of section 110(1) of the Employment Act, children under 18 shall not be employed on any work which is harmful to their health or development, dangerous or immoral. However, the Committee observes that, by virtue of section 2 of the Employment Act, the scope of application of this Act is limited to persons working under an employment contract and domestic employees. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of self-employed workers under 18 years of age against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee observes that section 110(2) of the Employment Act states that 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/her health and development, dangerous, immoral or otherwise unsuitable, and every employer who is so notified shall immediately cease to employ the young person concerned. The Committee also notes the Government’s statement that the types of hazardous work have not been determined yet. The Committee draws the attention of the Government to Article 4, paragraph 1, of the Convention, which provides that the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee also draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests the Government to take the necessary measures to determine the types of work to be considered as hazardous in consultation with the organizations of employers and workers concerned, in conformity with Article 4, paragraph 1, of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee requests the Government to inform it of any developments in this regard.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee draws the attention of the Government to Article 4, paragraph 2, of the Convention, which requires the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken or envisaged to identify where hazardous work exists, in consultation with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication, in its report, that the labour inspectorate will monitor the implementation of the provisions giving effect to this Convention. The Government also states that the organizations of employers and workers were consulted within the tripartite Labour Advisory Board on the establishment of monitoring mechanisms, as provided under section 149 of the Employment Act. The Committee notes that by virtue of section 11 of the Employment Act, the Commissioner or labour officer may enter, inspect and examine any land, building, place where or about which an employee is housed or employed. He/she may question any employer or employee or other person, copy documents or records in possession of an employer regarding matters connected with this Act. The Committee also notes that, by virtue of section 11(4) of the Act, the Commissioner may prohibit the engagement of employees at any place where he/she is satisfied that the conditions therein do not comply with the Act. The Committee asks the Government to provide information on inspections carried out by the labour inspectorate regarding infringements of the national provisions giving effect to the Convention. It also asks the Government to supply copies of reports of the labour inspectorate.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement, in its report, that no programmes of action to eliminate the worst forms of child labour have been designed as yet. The Committee reminds the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to urgently design and adopt the necessary programmes of action, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Botswana.

Article 7, paragraph 1. Penalties. The Committee takes note of the absence of information in the Government’s report on the penalties applicable for violations of provisions giving effect to the Convention. The Committee notes however, that the Employment Act, 1982 and the Penal Code provide for penalties in case of violations of its provisions. For instance, section 260 of the Penal Code states that anyone who detains a person as a slave, is liable to imprisonment for a term not exceeding five years. According to section 261 of the Penal Code anyone who buys, sells or disposes of a person as a slave, or who traffics or deals in slaves, is liable to imprisonment for a term not exceeding seven years. The Committee also observes that by virtue of sections 71 and 172(d) of the Employment Act, a person who exacts, imposes or permits forced labour is punishable by a fine of 2,000 pula (approximately US$420) and imprisonment for 18 months; he/she is also criminally responsible under section 262 of the Penal Code. It also notes that the procurement of a girl under 21 to become a prostitute in Botswana or elsewhere or to work in a brothel is punished by imprisonment for a term not exceeding two years and/or with a fine (sections 33 and 149 of the Penal Code). Moreover, anyone who employs a young person at night (in contravention of section 109 of the Employment Act) or in any work that is harmful to their health and development, dangerous or immoral (as prohibited under section 110(1) of the Employment Act) is liable to a fine of 1,000 pula and to imprisonment for six months (section 172(b) of the Employment Act). Anyone who employs a young person for night work or for underground work is liable to a fine of 1,500 pula and to imprisonment for 12 months (section 172(c) of the Employment Act). The Committee requests the Government to provide information on the practical application of the penalties laid down in the Employment Act, 1982 and in the Penal Code.

Article 7, paragraph 2. Time-bound and effective measures. The Committee takes note of the Government’s indications on the absence of time-bound and effective measures: (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (c) ensuring access to free basic education; and (e) taking into account the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(b), (c) and (e) of the Convention. It also asks the Government to provide a copy of the legislative measures regulating basic education.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee observes that, according to the Ministry of Education’s annual report on education of 1999, the 1994 Revised National Policy on Education improved access to education at the primary level. Indeed in 1993, 85 per cent of children aged 6 to 12 enrolled in primary education. In 1999, this enrolment rate increased to 89 per cent. For children aged 7 to 13 years the enrolment rate was 95 per cent in 1993 and reached 99.5 per cent in 1999. However, the Committee notes that, according to the abovementioned report, approximately 87 per cent of pupils in primary education dropped out of school in 1999. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that children enrolled in primary education do not drop out of school.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that according to the United Nations Development Programme (UNDP), HIV prevalence rate is 36 per cent for persons aged between 15 and 49 years old. By 2010, 20 per cent of all children are projected to be orphans. It takes due note that the Government and UNDP signed the HIV/AIDS Programme Support Document in June 1997. The programme was later evaluated in 1999 and extended for completion in 2002. The Committee observes that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour. The Committee requests the Government to provide information on measures envisaged or taken to address the situation of these children.

Article 8. The Committee notes that Botswana is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Committee asks the Government to indicate any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part III of the report form. The Committee notes the Government’s indication that courts of law have not yet given decisions involving questions of principle relating to the application of the Convention. It asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part IV. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in Botswana, including any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed actions against the worst forms of child labour.

Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s succinct first report, and requests it to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Slavery, sale and trafficking of children and forced or compulsory labour. The Committee notes that article 6, paragraphs (1) and (2), of the Constitution provide that no person shall be held in slavery or servitude and prohibit forced labour. Regarding slavery, the Committee observes that under section 260 of the Penal Code, anyone who detains a person, as a slave against his/her will is guilty of an offence. Section 261 of the Penal Code also states that anyone who buys, sells, or disposes of a person as a slave, or who traffics or deals in slaves is guilty of an offence. The Committee also notes that, by virtue of section 256 of the Penal Code, anyone who kidnaps or abducts a person to subject him/her to grievous harm, or slavery or to the unnatural lust of any person, is guilty of an offence. The Committee observes that section 250 of the Penal Code defines a kidnapper as a person who conveys any person beyond the limits of Botswana without the consent of that person, or without the consent of some person legally authorized to consent on behalf of that person. According to section 252 of the Penal Code, abduction means any person who by force compels, or by any deceitful means induces, a person from any place. The Committee further observes that section 71 of the Employment Act, 1982, states that any person who exacts or imposes forced labour or causes or permits forced labour to be exacted or imposed for his/her benefit or for the benefit of any other persons shall be punished by a fine of 2,000 pula and to imprisonment for 18 months. It also notes that under section 262 of the Penal Code, any person who unlawfully compels any person to labour against the will of that person is guilty of an offence. The Committee however notes that none of these provisions specifically apply to children. The Committee accordingly asks the Government to provide information on the practical application of the abovementioned provisions which prohibit slavery, the sale and trafficking of persons, and forced or compulsory labour, to children under 18 years of age.

2. Compulsory recruitment of children in armed conflict. The Committee notes the absence of information in the Government’s report on this point. However, it notes that recruitment in the Botswana Defence Force is on a voluntary basis and that the minimum age for voluntary recruitment into the armed forces is 18. The Committee requests the Government to provide a copy of the Botswana Defence Forces Act of 15 April 1977 and of any other relevant legislation.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that, under section 149(b) of the Penal Code, it is an offence to procure or attempt to procure a girl or a woman under the age of 21 years to become a prostitute either in the country or elsewhere. Pursuant to section 149(d) of the Penal Code, it is an offence to procure or attempt to procure a woman or a girl to leave her usual place of abode in Botswana with the intent that she may, for the purposes of prostitution, become an inmate of or frequent brothels in Botswana or elsewhere. The Committee also notes that section 153(b) of the Penal Code provides that a person who detains any woman or girl against her will in a brothel, is guilty of an offence. Section 158 of the Penal Code further states that any person who keeps or manages or assists in the management of a brothel is guilty of an offence. The Committee notes that most of the sexual offences provisions in the Penal Code refer to girls, and there do not appear to be any similar provisions protecting boys. The Committee recalls that under Article 3(b) of the Convention the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution.

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report on this point. The Committee observes that section 178 of the Penal Code provides that a person who makes, produces, imports, conveys or possesses obscene pictures, photographs, films, for the purpose of trade or distribution, is guilty of an offence. The Committee observes however, that the provisions of the Penal Code do not appear to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, such an activity is considered to be one of the worst forms of child labour and that under Article 1 of the Convention, each member State which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of both boys and girls under 18 years of age, by anyone, for the production of pornography or for pornographic performances is prohibited, as well as applicable penalties.

Clause (c). The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the absence of information in the Government’s report on this issue. The Committee observes that the Drugs and Related Substances Act, 1992 regulates the manufacturing, import, export or distribution of drugs. However, it observes that no provisions prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee recalls that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

Clause (d). 1. Hazardous work. The Committee notes that section 110(1) of the Employment Act, 1982 states that no young persons shall be employed in any work which is harmful to his/her health and development, dangerous or immoral. Section 2(1) of the Employment Act defines a young person as anyone who has attained the age of 15 but is under 18 years of age. The Committee also notes that underground and night works are prohibited for young persons by virtue of sections 108 and 109 of the Employment Act.

2. Self-employed workers. The Committee notes that by virtue of section 110(1) of the Employment Act, children under 18 shall not be employed on any work which is harmful to their health or development, dangerous or immoral. However, the Committee observes that, by virtue of section 2 of the Employment Act, the scope of application of this Act is limited to persons working under an employment contract and domestic employees. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of self-employed workers under 18 years of age against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee observes that section 110(2) of the Employment Act states that 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/her health and development, dangerous, immoral or otherwise unsuitable, and every employer who is so notified shall immediately cease to employ the young person concerned. The Committee also notes the Government’s statement that the types of hazardous work have not been determined yet. The Committee draws the attention of the Government to Article 4, paragraph 1, of the Convention, which provides that the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee also draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests the Government to take the necessary measures to determine the types of work to be considered as hazardous in consultation with the organizations of employers and workers concerned, in conformity with Article 4, paragraph 1, of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee requests the Government to inform it of any developments in this regard.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee draws the attention of the Government to Article 4, paragraph 2, of the Convention, which requires the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken or envisaged to identify where hazardous work exists, in consultation with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication, in its report, that the labour inspectorate will monitor the implementation of the provisions giving effect to this Convention. The Government also states that the organizations of employers and workers were consulted within the tripartite Labour Advisory Board on the establishment of monitoring mechanisms, as provided under section 149 of the Employment Act. The Committee notes that by virtue of section 11 of the Employment Act, the Commissioner or labour officer may enter, inspect and examine any land, building, place where or about which an employee is housed or employed. He/she may question any employer or employee or other person, copy documents or records in possession of an employer regarding matters connected with this Act. The Committee also notes that, by virtue of section 11(4) of the Act, the Commissioner may prohibit the engagement of employees at any place where he/she is satisfied that the conditions therein do not comply with the Act. The Committee asks the Government to provide information on inspections carried out by the labour inspectorate regarding infringements of the national provisions giving effect to the Convention. It also asks the Government to supply copies of reports of the labour inspectorate.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement, in its report, that no programmes of action to eliminate the worst forms of child labour have been designed as yet. The Committee reminds the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to urgently design and adopt the necessary programmes of action, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Botswana.

Article 7, paragraph 1. Penalties. The Committee takes note of the absence of information in the Government’s report on the penalties applicable for violations of provisions giving effect to the Convention. The Committee notes however, that the Employment Act, 1982 and the Penal Code provide for penalties in case of violations of its provisions. For instance, section 260 of the Penal Code states that anyone who detains a person as a slave, is liable to imprisonment for a term not exceeding five years. According to section 261 of the Penal Code anyone who buys, sells or disposes of a person as a slave, or who traffics or deals in slaves, is liable to imprisonment for a term not exceeding seven years. The Committee also observes that by virtue of sections 71 and 172(d) of the Employment Act, a person who exacts, imposes or permits forced labour is punishable by a fine of 2,000 pula (approximately US$420) and imprisonment for 18 months; he/she is also criminally responsible under section 262 of the Penal Code. It also notes that the procurement of a girl under 21 to become a prostitute in Botswana or elsewhere or to work in a brothel is punished by imprisonment for a term not exceeding two years and/or with a fine (sections 33 and 149 of the Penal Code). Moreover, anyone who employs a young person at night (in contravention of section 109 of the Employment Act) or in any work that is harmful to their health and development, dangerous or immoral (as prohibited under section 110(1) of the Employment Act) is liable to a fine of 1,000 pula and to imprisonment for six months (section 172(b) of the Employment Act). Anyone who employs a young person for night work or for underground work is liable to a fine of 1,500 pula and to imprisonment for 12 months (section 172(c) of the Employment Act). The Committee requests the Government to provide information on the practical application of the penalties laid down in the Employment Act, 1982 and in the Penal Code.

Article 7, paragraph 2. Time-bound and effective measures. The Committee takes note of the Government’s indications on the absence of time-bound and effective measures: (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (c) ensuring access to free basic education; and (e) taking into account the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(b), (c) and (e) of the Convention. It also asks the Government to provide a copy of the legislative measures regulating basic education.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee observes that, according to the Ministry of Education’s annual report on education of 1999, the 1994 Revised National Policy on Education improved access to education at the primary level. Indeed in 1993, 85 per cent of children aged 6 to 12 enrolled in primary education. In 1999, this enrolment rate increased to 89 per cent. For children aged 7 to 13 years the enrolment rate was 95 per cent in 1993 and reached 99.5 per cent in 1999. However, the Committee notes that, according to the abovementioned report, approximately 87 per cent of pupils in primary education dropped out of school in 1999. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that children enrolled in primary education do not drop out of school.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that according to the United Nations Development Programme (UNDP), HIV prevalence rate is 36 per cent for persons aged between 15 and 49 years old. By 2010, 20 per cent of all children are projected to be orphans. It takes due note that the Government and UNDP signed the HIV/AIDS Programme Support Document in June 1997. The programme was later evaluated in 1999 and extended for completion in 2002. The Committee observes that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour. The Committee requests the Government to provide information on measures envisaged or taken to address the situation of these children.

Article 8. The Committee notes that Botswana is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Committee asks the Government to indicate any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part III of the report form. The Committee notes the Government’s indication that courts of law have not yet given decisions involving questions of principle relating to the application of the Convention. It asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part IV. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in Botswana, including any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed actions against the worst forms of child labour.

Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.