Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee welcomes the enactment of the Anti-Human Trafficking Act in 2014, providing for the prohibition of human trafficking in Botswana, the establishment of a Human Trafficking (Prohibition) Committee, as well as measures on the protection and assistance of victims of trafficking. It notes that under the terms of section 9, the offence of trafficking in persons for the purposes of forced labour is punishable by a fine not exceeding 1 million Botswana pula (BWP) (approximately $93,170) and/or a sentence of imprisonment of up to 30 years. The Committee further notes that, in its report to the Human Rights Council for the Universal Periodic Review of January 2018, the Government indicates that an Anti-Human Trafficking National Action Plan has been developed for the 2017–20 period, following consultations with civil society organizations to raise awareness on human trafficking issues (A/HRC/WG.6/29/BWA/1, paragraphs 119 and 149). The Committee requests the Government to provide information on the application in practice of the Anti-Human Trafficking Act, including the number of investigations, prosecutions, convictions and penalties imposed. The Committee further requests the Government to provide information regarding the adoption and implementation of the Anti-Human Trafficking National Action Plan, as well as on the activities carried out by the Human Trafficking (Prohibition) Committee.

Article 2(2)(c) of the Convention. Work of prisoners for the benefit of private individuals. In its previous comments, the Committee 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. It also indicated that prisoners assigned to work for private parties shall do so of their own free will and that their payment would be based on the prescribed earnings scheme. In this respect, the Government stated that consultations with the relevant stakeholders were under way, in order to amend section 95(1) of the Prisons Act.

The Committee notes with regret the Government’s information that no consultations have been held since the last report. It wishes to recall that, to be compatible with the Convention, prisoners’ work for private parties must be performed on a voluntary basis, implying the free and informed consent of the prisoners and a certain number of safeguards, especially regarding remuneration and occupational safety and health, indicating the existence of conditions of work which approximate to those of a free employment relationship (see the 2012 General Survey on the fundamental Conventions, paragraph 279). The Committee therefore requests the Government to take the necessary measures to amend section 95(1) of the Prisons Act, in order to ensure that any work or service performed by prisoners for private entities 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 any progress made in this regard.