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

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

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.