Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would supply, with its next report, copies of the following legislation: Prison Regulations and any other provisions governing the work of prisoners; Public Service Act, as amended; laws governing the press and other media; laws governing public assemblies, meetings, marches and demonstrations; laws governing political parties and associations.

Article 1(a) of the Convention. The Committee has noted that sentences of imprisonment (which involve compulsory prison labour) may be imposed under sections 47 and 48 of the Penal Code on any person who prints, makes, imports, publishes, sells, distributes or reproduces any publication prohibited by the President "in his absolute discretion" as being "contrary to the public interest"; similar sentences may be imposed under section 51(1)(c), (d) and (2) concerning seditious publications. The Committee has also noted that sentences of imprisonment may also be imposed under sections 66 to 68 of the Penal Code on any person who manages or is a member or in any way takes part in the activity of an unlawful society, particularly of a society declared unlawful as being "dangerous to peace and order".

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. It therefore requests the Government to provide information on the application of the above Penal Code provisions in practice, including copies of court decisions defining or illustrating their scope, and on any measures taken or contemplated in order to ensure the observance of the Convention in this regard.

Article 1(d). Referring to its comments on the application of Convention No. 87, also ratified by Botswana, the Committee has noted that, under section 39 of the Trade Disputes Act, participation in an unlawful industrial action is punishable by imprisonment (which involve compulsory prison labour). The Committee recalls that Article 1(d) prohibits the use of forced or compulsory labour as a punishment for having participated in strikes. It also refers in this connection to paragraph 123 of its 1979 General Survey on the abolition of forced labour, in which it has considered that it is not incompatible with the Convention to impose penalties (even involving an obligation to perform labour) for participation in strikes in essential services, provided that such provisions are applicable only to essential services in the strict sense of the term (that is, services whose interruption would endanger the life, personal safety or health of the whole or part of the population) and that compensatory guarantees in the form of appropriate alternative procedures are provided.

The Committee hopes that the necessary measures will be taken in order to repeal or amend the above provisions of the Trade Disputes Act, in order to bring the legislation into conformity with the Convention on this point. It requests the Government to provide, in its next report, information on the progress made in this regard.