Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 138) sur l'âge minimum, 1973 - Botswana (Ratification: 1997)

The Committee notes the Government’s report and further notes the 2003 amendment of the Employment Act, 1982. The Committee requests the Government to provide information on the following points.

Article 1 of the Convention National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee noted that, in ratifying the Convention, the Government committed itself to pursuing a national policy designed to ensure the effective abolition of child labour. It requested the Government to indicate the measures taken or envisaged to ensure the effective abolition 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. An action programme was launched under ILO/IPEC in February 2005 with the aim of appointing service providers for the TECL project.

The Committee further notes the Government’s information that, with ILO/IPEC assistance, it is currently involved in a programme towards the elimination of the worst forms of child labour in Botswana. The project, entitled “Supporting the time-bound programme for the elimination of the worst forms of child labour in South Africa: Laying the basis for concerted action in Botswana, Lesotho, Namibia and Swaziland”, commenced in December 2003 and is scheduled to finish in December 2006. The project involves an investigation into the extent, nature and causes of the worst forms of child labour and is aimed at informing the Government in its effort to eliminate child labour in general, and the worst forms of child labour in particular. The project aims at, among other things, facilitating a broad consultation process resulting in the drafting of a national programme on addressing child labour and focusing on the elimination of the worst forms of child labour. The Committee asks the Government to provide further information on the results achieved by the ILO/IPEC programmes in eliminating child labour and its worst forms.

Article 2, paragraph 1. Scope of application of the Convention. In its previous comments, the Committee requested the Government to provide information on the manner in which children who are not bound by a contract of employment, such as self-employed workers, benefit from the protection afforded by the Convention. It notes the Government’s information that children not bound by a contract of employment (such as self-employed workers) are protected by the Children’s Act Cap: 28:04, and that Part V, section 14(c), of this Act provides that a child in need of care means a child who “engages in any form of street trading, unless he has been deputed by his parents to help in the distribution of merchandise of a family concern”. A child identified as in need of care can be reported to a social welfare officer and, if necessary, removed to a safe place and brought before a children’s court. However, these protection mechanisms do not regulate the hours, conditions or minimum age for self-employment. The Committee therefore once again requests the Government to provide information on the measures taken or envisaged to ensure that children who are not bound by a contract of employment are afforded protection by the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee previously requested the Government to provide information concerning education, in particular the age at which education is completed and the legislative text, which regulates education. The Committee notes the report of the Special Rapporteur on the Right to Education of 17 March 2006 entitled “Economic, social, and cultural rights: The right to education” (E/CN.4/2006/45/Add.1). The report states that Botswana has virtually reached the objective of universal primary education (which consists of seven years of schooling for children between the ages of 7 and 14, resulting in a Primary School Leaving Certificate). The report further notes that the Revised National Policy on Education of 1994, which is currently at the stage of implementation, “frames the organizational aspect of school life, defines the responsibilities of the various ministries and defines the national educational policy that should guide any action at the local and school levels” (paragraph 27). It also notes that, as part of its ninth National Development Plan (2003-09), Botswana has adopted a National Action Plan for Education, which aims to fulfil the provisions of the Dakar Framework for Action, adopted at the World Education Forum in 2000. However, the report also notes that “although primary education is free in practice, the Education Act does not legally provide for free and compulsory primary education”. The Committee notes that the Government has provided a copy of the Education Act with its report. It requests the Government to provide further information on the implementation of the National Action Plan for Education, as well as the Revised National Policy on Education. The Committee requests the Government to indicate the measures taken or envisaged to ensure that primary education is determined as compulsory in national legislation.

Article 3, paragraphs 1 and 2. Hazardous work. The Committee had previously requested the Government to indicate if the types of hazardous work which are prohibited to those under 18 years of age had been determined, according to the provision of Article 3, paragraph 2, of the Convention. It had also asked the Government to communicate the list of the types of hazardous work and indicate whether workers’ and employers’ organizations had been previously consulted in the determination of this list.

The Committee notes that, under section 108 of the Employment Act, as amended, “the Commissioner may notify any employer in writing or, by notice published in the Gazette, all employers or every employer belonging to any class or description of employers specified in the notice that the kind of work on which a young person is employed by him or them is harmful to his health and development, dangerous, immoral or otherwise unsuitable, and every employer who is so notified shall immediately cease to employ the young person concerned”. Under the Employment Act, as amended, a young person is defined as anyone who has attained the age of 15 but is under 18 years of age. Furthermore, sections 106 and 107 of the Act prohibit the employment of children and young persons in underground and night work. The Committee also notes the Government’s information that the Commissioner has not had cause to notify any employer on work, which is harmful to the health and development, dangerous, immoral or otherwise unsuitable for young persons. The Committee repeats its request to the Government to provide information on whether the Commissioner has determined a list of the types of hazardous work prohibited to persons under 18, in consultation with the relevant workers’ and employers’ organizations, and to provide a copy of this list once it has been determined.

Article 7, paragraph 3. Light work. The Committee notes that under section 105 of the Employment Act, as amended, a child who has attained the age of 14 years and is or is not attending school may be employed in light work not harmful to his health or development, if such work is of a character approved by the Commissioner. The Committee notes the Government’s information that light work has not been determined in terms of section 105 of the Employment Act, as amended, and that this matter will be subjected to consultation with social partners. The Committee recalls that, by virtue of Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. It requests the Government to provide further information on the consultations held with social partners in determining the types of light work that are permitted for children who have attained the age of 14 years.

Article 9, paragraph 3. Keeping of registers by employers. The Committee notes that section 111 of the Employment Act, as amended, provides that the Minister may make regulations on the employment of children and young persons, and that such regulations may provide for the registration of children and young persons where they are to be employed in an industrial undertaking. The Committee notes the Government’s information that, although there is no register specifically for children and young persons, employers are required in terms of section 92 of the Employment Act, as amended, to keep records, books and accounts in respect of employees employed by them as may be prescribed. It further notes that the law requires every employer to, at all reasonable times, afford every facility to the Commissioner or any labour officer for the examination of such records, books and accounts.

Part V of the report form. Practical application of the Convention. The Committee notes that the Government has supplied statistical information on the distribution of economic activity of persons aged 10 years and over, disaggregated by sex. It notes that 856 girls (1.3 per cent of females between the ages of 10 and 14) and 2006 boys (3.2 per cent of males between the ages of 10 and 14) are economically active. It requests the Government to provide further information on the application of the Convention in practice, including extracts from the reports of inspection services, information on the number and nature of contraventions reported, and penalties laid down.