Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Forced Labour Convention, 1930 (No. 29) - Botswana (Ratification: 1997)

Article 2(2)(c) of the Convention. Work of prisoners for the benefit of private individuals. The Committee previously noted that under section 95(1) of the Prisons Act (Cap. 21:03), a prisoner may be employed outside a prison under the immediate order and for the benefit of a person other than a public authority. The Government indicated that this section had never been implemented in practice, and that the conditions of work, earning schemes and contract guidelines of prisoners had not yet been developed to provide for the engagement of prisoners in work for private individuals. The Government also indicated that prisoners assigned to work for private parties shall do so at their own free will and that their payment would be based on the prescribed earnings scheme. In this connection, the Committee notes the Government’s statement that consultations with the relevant stakeholders are under way and that the Committee will be informed on the progress made in this regard. The Committee reiterates its hope that the necessary measures will be taken to amend section 95(1) of the Prisons Act, in order to ensure that any work or service performed by prisoners for private parties is carried out voluntarily, with their formal, freely given and informed consent, such consent being authenticated by conditions of work approximating those of a free labour relationship. The Committee requests the Government to provide information on the progress made in this regard.