Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Abolition of Forced Labour Convention, 1957 (No. 105) - Botswana (Ratification: 1997)

Article 1(a) of the Convention. Sanctions involving the obligation to work as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously drew the Government’s attention to a number of provisions of the Penal Code which are worded in terms broad enough to lend themselves to application as a means of punishment for the expression of views. It referred to offences under sections 47 and 48 of the Penal Code (publications prohibited by the President as being “contrary to the public interest”); 50 and 51 (seditious offences including uttering words with seditious intention, and printing, publishing, distributing or importing seditious publication; seditious intention including bringing into hatred or contempt or exciting disaffection against the person of the President or the Government, and raising discontent or disaffection among the inhabitants); 66 (b)–68 (managing or being a member of an unlawful society, particularly of a society declared unlawful as being “dangerous to peace and order”); and sections 74 and 75 (taking part in unlawful assembly). These offences may be punished with sentences of imprisonment, noting in this regard that penalties of imprisonment involve compulsory prison labour, pursuant to section 92 of the Prisons Act, Cap 21:03 of 1979. The Government indicated that consultations were under way to review the Constitution, to inform the Government of the legislation requiring alignment with the Constitution, including the Penal Code.

The Committee notes the Government’s information in its report that the constitutional amendments have been tabled before the Parliament through the Constitutional Amendment Bill, 2024, which has not yet been approved. The Government further indicates that the Committee’s comments will be considered once the Bill has been adopted.

The Committee once again expresses the hope that the necessary measures will be taken to review sections 47, 48, 50, 51, 66 (b)–68, and sections 74 and 75 of the Penal Code, so as to ensure that these provisions cannot be used to impose penalties involving compulsory labour on persons who express political views or views opposed to the established political, social or economic system, either by restricting the scope of the provisions to situations of violence, incitement to violence, or engagement in preparatory acts aimed at violence, or by repealing sanctions involving compulsory labour. Noting that the Government previously indicated that these provisions were not applied in practice, the Committee requests the Government to confirm whether this is still the case.