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

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement. In response to its request for information on the application in practice of the Anti-Human Trafficking Act, the Committee notes the Government’s information in its report that in 2021, seven cases involving fifteen victims of trafficking were investigated. The victims were from Zimbabwe (six), Ghana (six), Nigeria (two) and Bangladesh (one). Three of the cases had elements of forced labour and involved three minors from Zimbabwe. Prosecution proceedings have been completed against three accused and the final judgement is pending, while prosecution proceedings are ongoing against twelve other accused. In one case of trafficking for labour exploitation, six Ghanian nationals were intercepted before they could be exploited and were repatriated to their country of origin.

The Committee further 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; the weak implementation of the Anti-Human Trafficking Act with very low rate of investigations, prosecutions and convictions of the crime; the lenient penalties applied; and the low rate of identification of victims (CCPR/C/BWA/CO/2, paragraph 25). The Committee requests the Government to continue to take measures to ensure that all cases of trafficking are subject to thorough investigations with a view to ensure that perpetrators are prosecuted, and that effective and dissuasive penalties are imposed. In this regard, it requests the Government to provide information on the measures taken to strengthen the capacities of the law enforcement officials, including labour inspectors, prosecutors and judges, particularly by providing appropriate training. The Committee also requests the Government to continue to provide information on the application in practice of the Anti-Human Trafficking Act, including the number of investigations, prosecutions, convictions and penalties imposed, in particular in the cases pending before the court.

2. National Plan of Action. The Committee notes the Government’s information that the Anti-Human Trafficking National Action Plan (2018 – 2022) (NAP-HT) has been developed and aligned to the Anti-Human Trafficking Act of 2014, drawing particular attention to the thematic areas of prevention, protection, prosecution and partnership. The National Human Trafficking (Prohibition) Committee (NHT Committee) which is the national coordination body charged with the responsibility of ensuring the effective implementation of the NAP-HT has so far convened three meetings, and a total of eighteen resolutions have been generated. These resolutions pertain to hastening pending cases; increasing public information campaigns; ensuring the administration of trafficking in persons colloquia to the criminal justice system; and completing victim detention and referral procedures. The Government indicates that half of these resolutions have been successfully implemented. Moreover, the Anti-Human Trafficking Unit within the Ministry of Defence, Justice and Security also engages in targeted interventions aligned with the objectives outlined in the NAP-HT. The Committee encourages the Government to continue its efforts to combat trafficking in persons and requests it to provide information on the concrete measures taken to implement the various components of the NAP-HT 2018-22, as well as the results achieved and the difficulties encountered in combatting trafficking in persons.

Article 2(2)(c). Work of prisoners for the benefit of private individuals. For many years, the Committee has been requesting the Government to take the necessary measures to amend section 95(1) of the Prisons Act (Cap. 21:03), under which a prisoner may be employed outside a prison under the immediate order and for the benefit of a person other than a public authority, so as to ensure its compatibility with the Convention.

The Committee notes that there is no information in the Government’s report on this point. It recalls that according to Article 2(2)(c) of the Convention, convicted persons should not be hired to or placed at the disposal of private individuals, companies or associations. The Committee has considered however that, to be compatible with the Convention, prisoners’ work for private parties must be performed on a voluntary basis, implying the free and informed consent of the prisoners and a certain number of safeguards, especially regarding remuneration and occupational safety and health, indicating the existence of conditions of work which approximate to those of a free employment relationship (see the 2012 General Survey on the fundamental Conventions, paragraph 279).

Considering that the Government previously indicated that section 95(1) of the Prisons Act had never been applied in practice, the Committee once again requests the Government to take the appropriate measures to ensure that the national legislation is compatible with the Convention, either by removing the possibility to employ prisoners forthe benefit of private persons or entities orby ensuring that work performed by prisoners for private entities is carried out voluntarily, with their formal, freely given and informed consent, and with conditions of work approximating those of a free labour relationship. The Committee requests the Government to provide information on any progress made in this regard.