Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Botswana (Ratification: 2000)

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.