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

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 noted that sentences of imprisonment (involving compulsory prison labour pursuant to section 92 of the Prisons Act, Cap 21:03 of 1979) 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. 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”. In this connection, the Committee observed 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, in so far as they are enforceable with sanctions involving compulsory labour, they are incompatible with the Convention.

The Committee notes the Government’s indication that, in the event of future amendments to the Penal Code, consideration may be given to the comments made by the Committee with a view to bringing the above provisions into conformity with the Convention. In this regard, the Committee wishes to recall that Article 1(a) of the Convention prohibits punishment by penalties involving compulsory labour, including compulsory prison labour, of persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system. The Committee therefore reiterates its hope that appropriate measures will be taken, on the occasion of a future revision of the Penal Code, in order to bring the above provisions into conformity with the Convention, either by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions involving compulsory labour with other kinds of sanctions (for example, fines), so as to ensure that no sanctions involving compulsory labour can be imposed as a punishment for holding or expressing political views. The Committee requests the Government to provide information on any developments 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) punishes with imprisonment (involving compulsory prison labour) any wilful breach of a contract of employment by an employee who is acting either alone or in combination with others, if such breach affects the operation of essential services. The Committee observed that the list of essential services specified in the Schedule to the Trade Disputes Act includes services (such as the Bank of Botswana, railway services, and transport and telecommunications services necessary to the operation of all these services) which 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. In this regard, the Committee notes the Government’s reiterated statement that consultations with the social partners on this matter are still ongoing. The Committee therefore reiterates its hope that the necessary measures will be taken in order to amend the Trade Disputes Act referred to above (for example, by removing the penalty of imprisonment or by reducing the list of essential services to a strict minimum, in accordance with the above criteria), so as to bring the legislation into conformity with the Convention. It requests the Government to provide information on the progress made in this regard.