Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 1(a) of the Convention. Punishment for expressing political views. The Committee previously noted that sentences of imprisonment (which, under section 125 of the Prison Regulations, 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 also noted that sentences of imprisonment may also be imposed under sections 66–68 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”.

Recalling 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, the Committee observes that the above provisions are worded in terms broad enough to lend themselves to application as a means of punishment for the expression of views and therefore are incompatible with the convention. Noting the Government’s repeated indication that the above provisions of the Penal Code have not been applied in practice, the Committee reiterates its hope that measures will be taken, on the occasion of the future revision of the Penal Code, in order to bring these provisions into conformity with the Convention and the indicated practice, and that the Government will provide information on the progress made in this regard.

Article 1(c). Punishment for breaches of labour discipline. The Committee previously noted that section 43(1)(a) of the Trade Disputes Act (No. 15 of 2004) makes punishable with imprisonment (involving compulsory prison labour) any willful breach of a contract of employment by an employee who is acting either alone or in combination with others, if such a breach results in a deprivation of the public of an essential service or in substantial diminishing of the enjoyment of such service by the public.

The Committee observed that some of the services listed in the Schedule to the Trade Disputes Act (such as the Bank of Botswana, operational and maintenance services of the railways, transport and telecommunications services necessary to the operation of the above services) do not seem to meet the criteria of essential services in the strict sense of the term (that is, services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population).

The Government indicates in its report that consultation have been held with the social partners on the amendment of the list of the essential services and that the Government is still consulting on this issue. The Committee again expresses the hope that the necessary measures will be taken in order to amend the Schedule to the Trade Disputes Act referred to above (e.g. by reducing the list of essential services to a strict minimum, in accordance with the above criteria), 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.