Minimum Age Convention, 1973 (No. 138) - Botswana (Ratification: 1997)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1 of the Convention. National policy and the application of the Convention in practice. In reply to its previous comments, the Committee notes the Government’s information in its report that the Ministry of Employment, Labour Productivity and Skills Development has partnered with the Government of the United States in implementing a project for the elimination of child labour, proposed in 2021 (National action plan for the elimination of child labour, 2021). This project aims to carry out programmes to (i) strengthen children’s rights in Botswana by raising awareness of child labour, particularly in agriculture, (ii) empower civil society and local leaders to contribute to solutions, and (iii) ensure that the child protection laws are enforced by the Government. The proposed programmes within this project include research and study on the trends and nature of child labour; engage with stakeholders in agricultural regions to ensure their awareness of child labour regulations; raise public awareness; and child victim assistance. The Committee notes that the United Nations Committee on the Rights of the Child, in its concluding observations of June 2019 expressed concern about the ineffective implementation and evaluation of the National Plan of Action for Children 2006-2016 due to lack of sufficient resources (CRC/C/BWA/CO/2-3, paragraph 8). The Committee therefore strongly encourages the Government to take the necessary measures to ensure the effective implementation of the National Action Plan for the elimination of child labour, 2021. It requests the Government to provide information on the measures taken within the framework of this project and the results achieved. It finally requests the Government to provide information on the findings of any research or study conducted on the trends and nature of child labour within this project.

Article 2(1). Scope of application and labour inspection. Following its previous comments with regard to the application of the provisions of the Employment Act of 1982 to all forms of employment, including in the informal economy, the Committee notes the Government’s indication that the Labour Law review which is at an advanced stage has taken into account the issues of informal economy. It is envisaged that the Bill will be presented to the Parliament during July 2022 session. The Committee also notes the Government’s information that the Ministry of Employment, Labour Productivity and Skills Development continues to monitor child labour issues through its labour inspectorate, including in the agricultural sector where child labour is perceived to exist. In this regard, the Committee notes from the project document of the National Action Plan for the elimination of child labour, 2021 that child labour exists in Botswana, particularly in the commercial agricultural and cattle sector. The Committee further notes that the United Nations Human Rights Committee on the International Covenant on Civil and Political Rights, in its concluding observations of November 2021 expressed concern about reports of forced child labour in cattle herding, particularly affecting children of the San community (CCPR/C/BWA/CO/2, paragraph 25). The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Labour Law Bill, which provides protection to all children carrying out economic activities even without an employment contract, particularly children working on a self-employed basis or in the informal economy, including in agriculture, will be adopted in the near future. It requests the Government to provide information on any progress made in this regard as well as to provide a copy once it has been adopted. The Committee further requests the Government to take the necessary measures to strengthen the capacity and extend the reach of the labour inspection services to better monitor the work performed by young persons in the informal economy, particularly in the agricultural sector and cattle herding, and to provide specific information on actions taken in this regard.

Article 2(3). Age of completion of compulsory schooling. With regard to the revision of the Education and Training Act of 1967 ensuring the introduction of free and compulsory basic education up to the minimum age for admission to employment of 15 years, the Government indicates that the new Bill is envisaged to be presented to the Parliament during its July 2022 session. The Committee expresses the firm hope that theGovernment will take the necessary measures to ensure that the Education and Training Bill which provides for compulsory schooling up to the minimum age for admission to employment or work of 15 years, will be adopted and implemented soon. It requests the Government to provide information on the progress achieved in this respect as well as to provide a copy, once it has been adopted.

Article 3(1) and (2). Hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7(3). Determination of light work. Noting the Government’s information that the Labour Law Bill which is awaiting approval from the Parliament has taken into account the determination of light work activities permitted to children from 14 years of age, the Committee requests the Government to provide information on any progress made with regard to its adoption. It requests the Government to provide a copy of the list of the types of light work permitted for children, once it is adopted.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. National policy and the application of the Convention in practice. In its previous comments, the Committee noted the Government’s indication that within the framework of the national Action Programme on the Elimination of Child Labour (APEC), several measures were initiated, such as: revision of relevant legislation on child labour including labour laws; drafting of the list of types of hazardous work prohibited to children under 18 years of age; development of awareness-raising campaigns on child labour as well as development of training modules, tools and manuals for stakeholders and implementers. Moreover, the Committee noted from a report on Botswana by the ILO–IPEC in June 2012 that, within APEC, 200 teachers were trained under the ILO–IPEC project entitled “Supporting Children’s Rights through Education, the Arts and the Media” (SCREAM) and a total of 1,927 children were prevented and withdrawn from child labour, including in the agricultural sector.

The Committee notes the absence of information on this point in the Government’s report. It notes the Government’s indication, in its report to the United Nations Human Rights Council for the Universal Periodic Review of January 2018, that civil society organizations have reported that child labour is an issue of paramount importance in Botswana (A/HRC/WG.6/29/BWA/1, paragraph 7). The Committee requests the Government to provide information on the actions undertaken and the results achieved to ensure the progressive elimination of child labour, particularly within the framework of the implementation of the APEC.

Article 2(1). Scope of application. The Committee previously noted that, in accordance with its Part 3, the Employment Act, 1982, applies only to any person who has entered into a contract of employment for the hire of her/his labour. It had noted the statement in the ILO–IPEC Outline Summary for the project “Contributing to the elimination of worst forms of child labour in Botswana with special emphasis on agriculture and commercial sexual exploitation” of March 2010 that children working in the informal economy, such as in agriculture or in the home, have less protection and support than children working in the formal economy.

The Committee notes the Government’s statement that it will take into consideration the Committee’s comments on the protection of children in the informal economy during the ongoing review of labour laws. It observes that the Government held a Labour Law Review Committee workshop in August 2018. The Committee once again reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work whether they are carried out on the basis of an employment relationship or not, and whether they are remunerated or not. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the review of labour laws does not fail to take into account the Committee’s comments, thus ensuring that the protection afforded by the Convention is accorded to all children carrying out economic activities without an employment contract, particularly children working on a self-employed basis or in the informal economy, including in agriculture. It requests the Government to provide information on any progress made in this regard.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted the Government’s indication that basic education comprises ten years of education which, if started at the age of 7 years, would be completed at the age of 16 years. It noted the Government’s statement that schooling is not compulsory, though legislation to make basic education compulsory was under consideration. It also noted that, according to section 18 of the Children’s Act of 2009, every child has a right to free basic education and that any parent or guardian who, without reasonable excuse, denies a child the opportunity of going to school shall be guilty of an offence and shall be punished.

The Committee notes the Government’s indication that the Ministry of Basic Education is currently reviewing the Education and Training Act of 1967 to align it with the Children’s Act of 2009 with a view to making basic education free and compulsory. The Government indicates that a draft Bill has been prepared and has to be submitted to Parliament for consideration. Considering that compulsory education is one of the most effective means of combating child labour, the Committee expresses the firm hope that the revision of the Education and Training Act will ensure the introduction of compulsory schooling up to the minimum age for admission to employment or work of 15 years, in compliance with Article 2(3) of the Convention. It requests the Government to provide information on the progress achieved in this respect.

Article 3(1) and (2). Hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7(3). Determination of light work. In its previous comments, the Committee noted the Government’s statement that it would determine light work activities that may be permitted to children of 14 years of age. The Government also stated that, in practice, children perform light work such as kitchen and household help, the distribution of flyers or advertisements and childcare.

The Committee notes the Government’s indication that the determination of light work activities permitted to children will be considered during the ongoing labour law review process. The Government further states that the Commissioner’s office must give its approval to any company wishing to hire a child in light work activities. The Committee hopes that the Government will take the necessary measures to determine the types of light work activities that may be undertaken by children of 14 years of age and above, within the framework of the labour law review process. It requests the Government to provide a copy of the list of the types of light work permitted for children, once it is adopted.

The Committee expresses the hope that the Government will continue to take into consideration the Committee’s comments during the course of the labour law review process. The Committee reminds the Government that it may avail itself of ILO technical assistance in order to bring its legislation into conformity with the Convention.

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

Article 1 of the Convention. National policy and the application of the Convention in practice. In its previous comments, the Committee noted the Government’s indication that within the framework of the national Action Programme on the Elimination of Child Labour (APEC), several measures were initiated, such as: revision of relevant legislation on child labour including labour laws; drafting of the list of types of hazardous work prohibited to children under 18 years of age; development of awareness-raising campaigns on child labour as well as development of training modules, tools and manuals for stakeholders and implementers. Moreover, the Committee noted from a report on Botswana by the ILO–IPEC in June 2012 that, within APEC, 200 teachers were trained under the ILO–IPEC project entitled “Supporting Children’s Rights through Education, the Arts and the Media” (SCREAM) and a total of 1,927 children were prevented and withdrawn from child labour, including in the agricultural sector.

The Committee notes the absence of information on this point in the Government’s report. It notes the Government’s indication, in its report to the United Nations Human Rights Council for the Universal Periodic Review of January 2018, that civil society organizations have reported that child labour is an issue of paramount importance in Botswana (A/HRC/WG.6/29/BWA/1, paragraph 7). The Committee requests the Government to provide information on the actions undertaken and the results achieved to ensure the progressive elimination of child labour, particularly within the framework of the implementation of the APEC.

Article 2(1). Scope of application. The Committee previously noted that, in accordance with its Part 3, the Employment Act, 1982, applies only to any person who has entered into a contract of employment for the hire of her/his labour. It had noted the statement in the ILO–IPEC Outline Summary for the project “Contributing to the elimination of worst forms of child labour in Botswana with special emphasis on agriculture and commercial sexual exploitation” of March 2010 that children working in the informal economy, such as in agriculture or in the home, have less protection and support than children working in the formal economy.

The Committee notes the Government’s statement that it will take into consideration the Committee’s comments on the protection of children in the informal economy during the ongoing review of labour laws. It observes that the Government held a Labour Law Review Committee workshop in August 2018. The Committee once again reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work whether they are carried out on the basis of an employment relationship or not, and whether they are remunerated or not. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the review of labour laws does not fail to take into account the Committee’s comments, thus ensuring that the protection afforded by the Convention is accorded to all children carrying out economic activities without an employment contract, particularly children working on a self-employed basis or in the informal economy, including in agriculture. It requests the Government to provide information on any progress made in this regard.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted the Government’s indication that basic education comprises ten years of education which, if started at the age of 7 years, would be completed at the age of 16 years. It noted the Government’s statement that schooling is not compulsory, though legislation to make basic education compulsory was under consideration. It also noted that, according to section 18 of the Children’s Act of 2009, every child has a right to free basic education and that any parent or guardian who, without reasonable excuse, denies a child the opportunity of going to school shall be guilty of an offence and shall be punished.

The Committee notes the Government’s indication that the Ministry of Basic Education is currently reviewing the Education and Training Act of 1967 to align it with the Children’s Act of 2009 with a view to making basic education free and compulsory. The Government indicates that a draft Bill has been prepared and has to be submitted to Parliament for consideration. Considering that compulsory education is one of the most effective means of combating child labour, the Committee expresses the firm hope that the revision of the Education and Training Act will ensure the introduction of compulsory schooling up to the minimum age for admission to employment or work of 15 years, in compliance with Article 2(3) of the Convention. It requests the Government to provide information on the progress achieved in this respect.

Article 3(1) and (2). Hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7(3). Determination of light work. In its previous comments, the Committee noted the Government’s statement that it would determine light work activities that may be permitted to children of 14 years of age. The Government also stated that, in practice, children perform light work such as kitchen and household help, the distribution of flyers or advertisements and childcare.

The Committee notes the Government’s indication that the determination of light work activities permitted to children will be considered during the ongoing labour law review process. The Government further states that the Commissioner’s office must give its approval to any company wishing to hire a child in light work activities. The Committee hopes that the Government will take the necessary measures to determine the types of light work activities that may be undertaken by children of 14 years of age and above, within the framework of the labour law review process. It requests the Government to provide a copy of the list of the types of light work permitted for children, once it is adopted.

The Committee expresses the hope that the Government will continue to take into consideration the Committee’s comments during the course of the labour law review process. The Committee reminds the Government that it may avail itself of ILO technical assistance in order to bring its legislation into conformity with the Convention.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

Repetition

Article 1 of the Convention. National policy and the application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information regarding the concrete measures taken within the framework of the national Action Programme on the Elimination of Child Labour (APEC) to address issues of child labour which include: revision of labour laws and other relevant legislation on child labour; drafting of the list on hazardous work; development of training modules, tools and manuals which have so far been used to train labour inspectors, the police and health education assistants; capacity building for key stakeholders such as the police, social workers, labour inspectors, teachers and non-governmental organizations; strengthening of the education sector to combat child labour through the adaptation of the ILO–IPEC programme entitled “Supporting Children’s Rights through Education, the Arts and the Media” (SCREAM) education pack; and conducting various national awareness-raising campaigns on child labour through print media, radio, and television programmes. Moreover, the Committee notes from a report on Botswana by the ILO–IPEC, in June 2012, that within the framework of APEC a rapid assessment of child labour in the agricultural sector as well as child labour and HIV/AIDS has been completed, 200 teachers were trained under the SCREAM project and a total of 1,927 children were prevented and withdrawn from child labour in the agricultural sector. The Committee requests the Government to continue providing information on the implementation of APEC, indicating the action undertaken and the results achieved in terms of the effective elimination of child labour. The Committee also requests the Government to provide information on the findings of the rapid assessment of child labour in the agricultural sector, and child labour and HIV/AIDS conducted within the framework of APEC.

Article 2(1). Scope of application. The Committee previously noted that, in accordance with Part 3, the Employment Act, 1982, applies only to any person who has entered into a contract of employment for the hire of his/her labour. It had noted the statement in the ILO–IPEC Outline Summary for the project “Contributing to the elimination of worst forms of child labour in Botswana with special emphasis on agriculture and Commercial Sexual Exploitation” of March 2010, that children working in the informal economy, such as in agriculture or in the home, have less protection and support than children working in the formal economy. In this regard, the Committee reminded the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work whether they are carried out on the basis of an employment relationship or not, and whether they are remunerated or not. Noting the absence of information in the Government’s report, the Committee once again urges the Government to take the necessary measures to ensure that the protection afforded by the Convention is accorded to all children carrying out economic activities without an employment contract, particularly children working on a self-employed basis or in the informal economy, including in agriculture. It requests the Government to provide information on the measures taken in this regard.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted the Government’s statement that schooling is not compulsory, though legislation to make basic education compulsory was under consideration. It had noted that, according to section 18 of the Children’s Act of 2009, every child has a right to free basic education and that any parent or guardian who, without reasonable excuse, denies a child the opportunity of going to school shall be guilty of an offence and shall be punished.

The Committee notes the Government’s indication that basic education comprises of 10 years of education which, if started at the age of 7 years, would be completed at the age of 16 years. The Committee nevertheless observes that Botswana is yet to make basic education compulsory. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to ensure the introduction of compulsory schooling up to the minimum age for admission to employment or work, in compliance with Article 2(3) of the Convention.

Article 3(1) and (2). Hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7(3). Determination of light work. In its previous comments, the Committee noted the Government’s statement that it would determine light work activities that may be permitted to children of 14 years of age. The Government also stated that, in practice, children perform light work such as kitchen and household help, the distribution of flyers or advertisements, and childcare.

The Committee notes the Government’s indication that the list of light work activities permitted to children has not yet been finalized. The Committee requests the Government to take the necessary measures to determine the types of light work activities that may be undertaken by children of 14 years of age. It also requests the Government to provide a copy of the list of the types of light work permitted for children, once it is adopted.

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

Article 1 of the Convention. National policy and the application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information regarding the concrete measures taken within the framework of the national Action Programme on the Elimination of Child Labour (APEC) to address issues of child labour which include: revision of labour laws and other relevant legislation on child labour; drafting of the list on hazardous work; development of training modules, tools and manuals which have so far been used to train labour inspectors, the police and health education assistants; capacity building for key stakeholders such as the police, social workers, labour inspectors, teachers and non-governmental organizations; strengthening of the education sector to combat child labour through the adaptation of the ILO–IPEC programme entitled “Supporting Children’s Rights through Education, the Arts and the Media” (SCREAM) education pack; and conducting various national awareness-raising campaigns on child labour through print media, radio, and television programmes. Moreover, the Committee notes from a report on Botswana by the ILO–IPEC, in June 2012, that within the framework of APEC a rapid assessment of child labour in the agricultural sector as well as child labour and HIV/AIDS has been completed, 200 teachers were trained under the SCREAM project and a total of 1,927 children were prevented and withdrawn from child labour in the agricultural sector. The Committee requests the Government to continue providing information on the implementation of APEC, indicating the action undertaken and the results achieved in terms of the effective elimination of child labour. The Committee also requests the Government to provide information on the findings of the rapid assessment of child labour in the agricultural sector, and child labour and HIV/AIDS conducted within the framework of APEC.

Article 2(1). Scope of application. The Committee previously noted that, in accordance with Part 3, the Employment Act, 1982, applies only to any person who has entered into a contract of employment for the hire of his/her labour. It had noted the statement in the ILO–IPEC Outline Summary for the project “Contributing to the elimination of worst forms of child labour in Botswana with special emphasis on agriculture and Commercial Sexual Exploitation” of March 2010, that children working in the informal economy, such as in agriculture or in the home, have less protection and support than children working in the formal economy. In this regard, the Committee reminded the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work whether they are carried out on the basis of an employment relationship or not, and whether they are remunerated or not. Noting the absence of information in the Government’s report, the Committee once again urges the Government to take the necessary measures to ensure that the protection afforded by the Convention is accorded to all children carrying out economic activities without an employment contract, particularly children working on a self-employed basis or in the informal economy, including in agriculture. It requests the Government to provide information on the measures taken in this regard.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted the Government’s statement that schooling is not compulsory, though legislation to make basic education compulsory was under consideration. It had noted that, according to section 18 of the Children’s Act of 2009, every child has a right to free basic education and that any parent or guardian who, without reasonable excuse, denies a child the opportunity of going to school shall be guilty of an offence and shall be punished.

The Committee notes the Government’s indication that basic education comprises of 10 years of education which, if started at the age of 7 years, would be completed at the age of 16 years. The Committee nevertheless observes that Botswana is yet to make basic education compulsory. Considering that compulsory education is one of the most effective means of combating child labour, the Committee urges the Government to take the necessary measures to ensure the introduction of compulsory schooling up to the minimum age for admission to employment or work, in compliance with Article 2(3) of the Convention.

Article 3(1) and (2). Hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7(3). Determination of light work. In its previous comments, the Committee noted the Government’s statement that it would determine light work activities that may be permitted to children of 14 years of age. The Government also stated that, in practice, children perform light work such as kitchen and household help, the distribution of flyers or advertisements, and childcare.

The Committee notes the Government’s indication that the list of light work activities permitted to children has not yet been finalized. The Committee requests the Government to take the necessary measures to determine the types of light work activities that may be undertaken by children of 14 years of age. It also requests the Government to provide a copy of the list of the types of light work permitted for children, once it is adopted.

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

Article 1 of the Convention and Part V of the report form. National policy. Application of the Convention in practice. In its previous comments, the Committee noted that the ILO–IPEC project entitled “Towards the elimination of the worst forms of child labour” (TECL Project) was being implemented in Botswana. The Committee also noted that, with assistance from ILO–IPEC, the Action Programme on the Elimination of Child Labour (APEC) had been developed. The APEC had been endorsed by the Programme Advisory Committee on Child Labour and was awaiting the necessary government approval.

The Committee notes the information available from ILO–IPEC that, in February 2008, a wide range of representatives of ministries, organized labour, business and non-governmental organizations met to approve the APEC. This meeting also included a briefing for permanent secretaries of all key ministries with responsibilities to implement the APEC. The Committee notes the information available from ILO–IPEC that the implementation of the TECL Project Phase II began in February 2009, and is due to be completed in June 2012. However, the Committee notes the information from ILO–IPEC that the implementation of the APEC in Botswana is still wanting. While a few governmental departments have developed their institutional workplans, nothing much has happened in terms of implementing the planned activities for the APEC. This information indicates that the economic recession has had a huge impact on the available funds, which will affect the implementation of the APEC. However, the Committee also notes the information from ILO–IPEC that child labour has been extensively addressed in the newly adopted Children’s Act of 2009. While noting the economic constraints faced by the Government, the Committee requests the Government to pursue its efforts to combat child labour through the effective implementation of the APEC. In this regard, the Committee requests the Government to provide information on the concrete measures taken within the framework of the APEC, and on the results achieved, in terms of the effective reduction and elimination of child labour.

Article 2(1). Scope of application. The Committee previously noted that, in accordance with Part 3, the Employment Act, 1982, applies to any person who has entered into a contract of employment for the hire of his labour. It requested the Government to provide information on the manner in which children who are not bound by a contract of employment, such as self-employed workers, benefit from the protection afforded by the Convention.

The Committee notes the Government’s indication that consultations are ongoing with a view to adopting measures to cover children engaged in all types of work, including self-employment. The Committee welcomes this measure, especially in view of the information in the report of the International Trade Union Confederation, for the World Trade Organization General Council of 4 and 6 November 2009 entitled “Internationally recognized core labour standards in Botswana, Lesotho, Namibia, South Africa and Swaziland” that many children in Botswana are reported to work in family businesses or in informal economic activities. In this regard, the Committee notes the information from the National Labour Force Survey of 2005–06 that 66 per cent of all economically active children are engaged in agriculture, and the vast majority of these children (89 per cent) work for their families. The Committee further notes the statement in the ILO–IPEC Outline Summary for the project “Contributing to the elimination of worst forms of child labour in Botswana with special emphasis on agriculture and CSEC” of March 2010 that children working in the informal economy, such as in agriculture or in the home, have less protection and support than children working in the formal economy. In this regard, the Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work. The Committee therefore urges the Government to pursue its efforts to ensure that the protection afforded by the Convention is accorded to all children carrying out economic activities without an employment contract, particularly children working on a self-employed basis or in the informal economy, including in agriculture, as soon as possible.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted the Government’s statement that schooling is not compulsory, though legislation to make basic education compulsory was under consideration. The Committee also noted the statement in the draft report of the Ministry of Education and Skills Development entitled “National Report on the Development of Education” (released in 2008) that an estimated 10–15 per cent of school going-age children were not in schools, including children engaged in child labour. It further noted the information in the Government’s National Report submitted to the United Nations Human Rights Council on 5 September 2008 that the Government introduced school fees in 2005 although, as of 2008, an income threshold (by which households in need of assistance are exempted from paying school fees) had been introduced (A/HRC/WG.6/3/BWA, paragraph 36). Regarding school fees, the Committee noted the statement of the United Nations Special Rapporteur on the Right to Education (in a report of 17 March 2006) that “the reintroduction of fees, coupled with the absence of the legal obligation providing for compulsory education might have disastrous effects on enrolment rates at the secondary level and the already increasing drop-out rate registered at that level” (E/CN.4/2006/45/Add.1, paragraphs 44–45).

The Committee notes the statement in the Government’s report that the Children’s Act of 2009 provides the right to free basic education, and provides penalties for denying the right to education. The Government indicates that the provisions in the Children’s Act of 2009 take precedence over other laws which may be in conflict. In this regard, the Committee notes that section 18(1) of the Children’s Act of 2009 states that “every child has a right to free basic education”. Section 18(2) states that any parent, other relative or guardian who, without reasonable excuse, denies a child the opportunity of going to school shall be guilty of an offence and shall be sentenced to a fine of not less than 5,000 Botswana pula (BWP) (approximately US$731.50), but not more than BWP10,000 (approximately US$1,463).

The Committee also notes the statistical information included in the Government’s report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), indicating that that the number of primary school drop-outs decreased by 5.6 per cent between 2008 and 2009. However, this information also indicates that, in 2009, approximately 14.2 per cent of children aged 6–12 were not enrolled in school. Moreover, the Committee also notes the information in the Education for All Global Monitoring Report, published by UNESCO in 2010, that there were approximately 1,002,000 out-of-school children between the ages of 6 and 12 in 2007. Recalling the importance of compulsory schooling in combating child labour, the Committee requests the Government to provide information on the measures taken to ensure the introduction of compulsory schooling up to the minimum age for admission to employment or work. It also requests the Government to provide information on the measures taken to apply section 18(1) of the Children’s Act of 2009, and the impact of these measures with regard to increasing school attendance rates and decreasing school drop-out rates as well as the number of out-of-school children.

Article 3(1) and (2). Hazardous work. The Committee previously noted that, pursuant to section 108 of the Employment Act, as amended, the Commissioner may issue a notice to employers specifying the kind of work in which it is prohibited to employ a young person (defined as a person over the minimum age but under 18 years), particularly work which is harmful to the health and development of the young person, or which is dangerous, immoral or otherwise unsuitable. The Committee noted that the Commissioner had not yet determined the types of work prohibited to children under 18 years of age, but that consultations with the social partners were ongoing on this matter.

The Committee notes the Government’s statement that, with ILO assistance through the TECL Project Phase II, consultations are ongoing to determine the list of hazardous work for children. The Government indicates that the matter has been placed before the Tripartite Labour Advisory Board. In this regard, the Committee notes the information from ILO–IPEC that a draft hazardous list of occupations for children has been prepared, and has undergone an initial review by the Labour Advisory Board. The Department of Labour has circulated a cabinet memorandum to all the relevant ministries accompanied by the draft list for their endorsement. In addition, information from ILO–IPEC indicates that the list will be undergoing another review before its endorsement and subsequent presentation to the Minister for Labour to be gazetted as an official legal document. The Committee therefore urges the Government to pursue its efforts to ensure the adoption, in the near future, of the list determining the types of hazardous work prohibited to persons under 18 years of age. It requests the Government to supply a copy of this list, once it has been adopted.

Article 7(3). Determination of light work. In its previous comments, the Committee noted that, pursuant to section 105 of the Employment Act, a child who has attained the age of 14 years may be employed in light work not harmful to his health or development. Pursuant to section 105(2), a child of 14 years not attending school may be employed in such light work if employed by a member of the child’s family or if such work is of a character approved by the Commissioner, provided that the child shall be readily able to return home each evening (excluding work of a domestic nature) and provided that no child shall be required or permitted to work more than six hours a day or 30 hours a week. Pursuant to section 105(3) of the Employment Act, a child of 14 who is still attending school may, whilst on vacation from school, be employed in light work of a character approved by the Commissioner for not more than five hours a day between 6 a.m. and 4 p.m. The Government indicated that consultations with social partners were ongoing on the determination of light work activities.

The Committee notes the Government’s statement that it has not yet determined light work activities, but that it will liaise with the ILO–IPEC TECL Project Phase II to determine light work activities permitted to children. The Government states that, in practice, children perform light work such as kitchen and household help, the distribution of flyers or advertisements and child care. The Committee also notes the statement in the ILO–IPEC Outline Summary for the project “Contributing to the elimination of worst forms of child labour in Botswana with special emphasis on agriculture and CSEC” of March 2010 that light work has been difficult to regulate as light work is not adequately defined. Recalling that, by virtue of Article 7(3) of the Convention, the competent authority shall determine the activities in which employment or work may be permitted, the Committee requests the Government to strengthen its efforts to ensure that permitted types of light work activities are determined in the near future. It also requests the Government to provide a copy of the list of the types of light work permitted for children, once it is adopted.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. 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 matters raised in its previous direct request, which read as follows:

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted the ILO partnership project entitled “Towards the elimination of the worst forms of child labour” (TECL), which focuses on child trafficking, commercial sexual exploitation and educational rehabilitation in South Africa, Botswana, Namibia, Lesotho and Swaziland. The Committee further noted the Government’s information that, with ILO–IPEC assistance, it was involved in a project that aimed at, among other things, facilitating a broad consultation process resulting in the drafting of a national programme on addressing child labour and focusing on the elimination of the worst forms of child labour. The Committee requested the Government to provide further information on the results achieved by the ILO–IPEC programmes in eliminating child labour and its worst forms. The Committee noted that, with assistance from ILO–IPEC, an action programme on the elimination of the worst forms of child labour (APEC) has been developed, to address child labour and its worst forms. The Committee noted that APEC was presented and endorsed by the Programme Advisory Committee on Child Labour in February 2008, and awaits the necessary government approval.

While noting the measures taken by the Government to abolish child labour, the Committee noted the information in the Government’s report that there are approximately 19,655 working children below the age of 14, the legal minimum age for any work. The Committee noted the information in the 2005–06 National Labour Force Survey, published by the Central Statistics Office in 2008, that 4,108 of these children are between the ages of 7 and 9 years old. The Committee expresses its concern at the number of children working below the legal minimum age, as well as the number of children below the age of 9 who are engaged in work and urges the Government to redouble its efforts to combat child labour. In this respect, the Committee requests the Government to provide information on the measures taken in the context of APEC, and the results achieved. The Committee also invites the Government to provide information on the application of the Convention in practice including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.

Article 2(1). Scope of application of the Convention. In its previous comments, the Committee requested the Government to provide information on the manner in which children who are not bound by a contract of employment, such as self-employed workers, benefit from the protection afforded by the Convention. It noted the Government’s information that children not bound by a contract of employment (such as self-employed workers) are protected by the Children’s Act Cap: 28:04, and that Part V, section 14(c), of this Act provides that a child in need of care means a child who “engages in any form of street trading, unless he has been deputed by his parents to help in the distribution of merchandise of a family concern”. A child identified as in need of care can be reported to a social welfare officer and, if necessary, removed to a safe place and brought before a children’s court. However, the Committee noted that these protection mechanisms do not regulate the hours, conditions or minimum age for self-employment. Noting the absence of information on this point in the Government's report, the Committee once again requests the Government to indicate any measures taken or envisaged to ensure the application of the Convention to all types of work, including self-employment.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted the report of the Special Rapporteur on the Right to Education (Special Rapporteur) of 17 March 2006 entitled “Economic, social, and cultural rights: The right to education” (E/CN.4/2006/45/Add.1). The report stated that Botswana had virtually reached the objective of universal primary education (which consists of seven years of schooling for children between the ages of 7 and 14, resulting in a Primary School Leaving Certificate). The Committee also noted the information in the report that, as part of its ninth National Development Plan (2003–09), Botswana has adopted a National Action Plan for Education, which aims to fulfil the provisions of the Dakar Framework for Action, adopted at the World Education Forum in 2000. The Committee requested the Government to provide further information on the National Action Plan for Education, and asked the Government to indicate the measures taken to ensure that primary education is determined as compulsory in national legislation.

The Committee noted the Government’s statement that schooling is not compulsory, though legislation to make basic education compulsory is being considered. The Committee also noted the Government’s indication that net enrolment for children between the ages of 6 and 12 was 89.2 per cent in 2006. The Committee noted the measures taken by the Government to retain students, which include boarding facilities to primary school children in some Remote Area Dweller settlements (RADS), multi-grade schools in remote areas to reduce the distance children have to travel to attend, the provision of food to orphans and other vulnerable children at school and the implementation of inclusive education programmes to respond to the diverse needs of students. The Committee also noted the significant measures taken to encourage girls to stay in school, including the mainstreaming of gender across the curriculum, the production of multimedia to encourage girls into science-based careers and reviewing re-admission guidelines to facilitate the return of girls to school following pregnancy.

The Committee noted the statement in the Ministry of Education and Skills Development draft report entitled “National Report on the Development of Education” released in 2008 that it is estimated that some 10–15 per cent of school-going age children are still not in schools, and identifies child labourers, street children, girls, remote area dwellers and those from poor families as major groups who are not in school. The Committee also noted the information in this draft report that, in an effort to increase access and retention of working children and those at risk of child labour, the Ministry of Education has started mainstreaming child labour issues into policies and programmes.

The Committee welcomed these measures to improve access to education. Nonetheless, the Committee noted the information in the Government’s National Report submitted to the UN Human Rights Council on 5 September 2008 that the Government introduced school fees in 2005 on a cost-sharing basis. The Committee also noted the indication in this report that this policy was revised in 2008 with the introduction of an income threshold by which households in need of assistance are exempted from paying school fees (A/HRC/WG.6/3/BWA, paragraph 36). On the subject of school fees, the Committee noted that the Special Rapporteur expressed “deep regret at the decision to reintroduce school fees, which would represent a step backward in Botswana’s extraordinary achievements in education, for which cost-free education has been one of the contributing factors”. The Special Rapporteur further stated that “the reintroduction of fees, coupled with the absence of the legal obligation providing for compulsory education might have disastrous effects on enrolment rates at the secondary level and the already increasing drop-out rate registered at that level” (paragraphs 44 and 45). Considering that free, compulsory education is one of the most effective means of combating child labour, the Committee expresses concern at the lack of compulsory education and the introduction of school fees. Nonetheless, the Committee welcomes the measures adopted to retain students in school and encourages the Government to continue taking measures to improve the functioning of the education system, in particular by increasing the school enrolment rates, particularly at the secondary level, and by reducing the drop-out rates. The Committee also urges the Government to adopt legislation introducing compulsory schooling so as to prevent the engagement of these children in child labour. Finally, the Committee requests the Government to continue providing statistical information on school attendance and school drop-out rates.

Article 3(1) and (2). Hazardous work. In its previous comments, the Committee noted that the Commissioner had not had cause to notify any employer on work which is harmful to the health and development, nor dangerous, immoral or otherwise unsuitable for young persons, as per section 108 of the Employment Act, as last amended by Act No. 14, 2003 (Employment Act). The Committee had further noted that, under the Employment Act, a young person is defined as anyone who has attained the age of 15 but is under 18 years of age and that sections 106 and 107 of the Act prohibit the employment of children and young persons in underground and night work. The Committee noted in the Government’s report that the Commissioner has not yet determined the types of hazardous work prohibited to children under 18 years of age and that consultations with the social partners are ongoing on this matter. In addition, the Committee noted the Government’s indication in its report submitted to the CRC that there are a sizeable number of children who work long hours and carry out duties which may fall under the ambit of hazardous employment as defined by the Employment Act (CRC/C/51/Add.9, paragraph 353). The Committee reminded the Government that, by virtue of Article 3(2) of the Convention, the types of employment or work which, by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons, shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. The Committee therefore expresses its concern and hopes that the Government will take the necessary measures shortly to ensure the adoption of the list determining the types of hazardous work prohibited to persons under 18 years of age. It also requests the Government to provide information on progress made in this regard and to supply a copy of the list once it has been adopted.

Article 7(3). Light work. In previous comments, the Committee noted that under section 105 of the Employment Act, a child who has attained the age of 14 years may be employed in light work not harmful to his health or development. Pursuant to section 105(2), a child of 14 not attending school, may be employed in such light work if employed by a member of the child’s family or if such work is of a character approved by the Commissioner, and where the employment is not of a domestic character (for which suitable accommodation is provided), the child shall be readily able to return home (or return to a parental approved house) each evening, and provided that no child shall be required or permitted to work more than six hours a day or 30 hours a week. Pursuant to section 105(3) of the Employment Act, a child of 14 who is still attending school may, whilst on vacation from school, be employed in light work of a character approved by the Commissioner for not more than five hours a day between 6 a.m. and 4 p.m. The Committee noted the Government’s information that there has not yet been a determination of light work pursuant to section 105 of the Employment Act, and that consultations with social partners on this matter are ongoing. The Committee recalled that, by virtue of Article 7(3) of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. It requests the Government to provide further information on the measures taken to determine light work activities that are permitted for children who have attained the age of 14 years and to supply a copy of the list of the types of light work permitted for children once adopted.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted the ILO partnership project entitled “Towards the elimination of the worst forms of child labour” (TECL), which focuses on child trafficking, commercial sexual exploitation and educational rehabilitation in South Africa, Botswana, Namibia, Lesotho and Swaziland. The Committee further noted the Government’s information that, with ILO–IPEC assistance, it was involved in a project that aimed at, among other things, facilitating a broad consultation process resulting in the drafting of a national programme on addressing child labour and focusing on the elimination of the worst forms of child labour. The Committee requested the Government to provide further information on the results achieved by the ILO–IPEC programmes in eliminating child labour and its worst forms. The Committee notes that, with assistance from ILO–IPEC, an action programme on the elimination of the worst forms of child labour (APEC) has been developed, to address child labour and its worst forms. The Committee notes that APEC was presented and endorsed by the Programme Advisory Committee on Child Labour in February 2008, and awaits the necessary Government approval.

While noting the measures taken by the Government to abolish child labour, the Committee notes the information in the Government’s report that there are approximately 19,655 working children below the age of 14, the legal minimum age for any work. The Committee notes the information in the 2005–06 National Labour Force Survey, published by the Central Statistics Office in 2008, that 4,108 of these children are between the ages of 7 and 9 years old. The Committee expresses its concern at the number of children working below the legal minimum age, as well as the number of children below the age of 9 who are engaged in work and urges the Government to redouble its efforts to combat child labour. In this respect, the Committee requests the Government to provide information on the measures taken in the context of APEC, and the results achieved. The Committee also invites the Government to provide information on the application of the Convention in practice including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.

Article 2, paragraph 1. Scope of application of the Convention. In its previous comments, the Committee requested the Government to provide information on the manner in which children who are not bound by a contract of employment, such as self-employed workers, benefit from the protection afforded by the Convention. It noted the Government’s information that children not bound by a contract of employment (such as self-employed workers) are protected by the Children’s Act Cap: 28:04, and that Part V, section 14(c), of this Act provides that a child in need of care means a child who “engages in any form of street trading, unless he has been deputed by his parents to help in the distribution of merchandise of a family concern”. A child identified as in need of care can be reported to a social welfare officer and, if necessary, removed to a safe place and brought before a children’s court. However, the Committee noted that these protection mechanisms do not regulate the hours, conditions or minimum age for self-employment. Noting the absence of information on this point in the Government's report, the Committee once again requests the Government to indicate any measures taken or envisaged to ensure the application of the Convention to all types of work, including self-employment.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee noted the report of the Special Rapporteur on the Right to Education (Special Rapporteur) of 17 March 2006 entitled “Economic, social, and cultural rights: The right to education” (E/CN.4/2006/45/Add.1). The report stated that Botswana had virtually reached the objective of universal primary education (which consists of seven years of schooling for children between the ages of 7 and 14, resulting in a Primary School Leaving Certificate). The Committee also noted the information in the report that, as part of its ninth National Development Plan (2003–09), Botswana has adopted a National Action Plan for Education, which aims to fulfil the provisions of the Dakar Framework for Action, adopted at the World Education Forum in 2000. The Committee requested the Government to provide further information on the National Action Plan for Education, and asked the Government to indicate the measures taken to ensure that primary education is determined as compulsory in national legislation.

The Committee notes the Government’s statement that schooling is not compulsory, though legislation to make basic education compulsory is being considered. The Committee also notes the Government’s indication that net enrolment for children between the ages of 6 and 12 was 89.2 per cent in 2006. The Committee notes the measures taken by the Government to retain students, which include boarding facilities to primary school children in some Remote Area Dweller settlements (RADS), multi-grade schools in remote areas to reduce the distance children have to travel to attend, the provision of food to orphans and other vulnerable children at school and the implementation of inclusive education programmes to respond to the diverse needs of students. The Committee also notes the significant measures taken to encourage girls to stay in school, including the mainstreaming of gender across the curriculum, the production of multimedia to encourage girls into science-based careers and reviewing re-admission guidelines to facilitate the return of girls to school following pregnancy.

The Committee notes the statement in the Ministry of Education and Skills Development draft report entitled “National Report on the Development of Education” released in 2008 that it is estimated that some 10–15 per cent of school-going age children are still not in schools, and identifies child labourers, street children, girls, remote area dwellers and those from poor families as major groups who are not in school. The Committee also notes the information in this draft report that, in an effort to increase access and retention of working children and those at risk of child labour, the Ministry of Education has started mainstreaming child labour issues into policies and programmes.

The Committee welcomes these measures to improve access to education. Nonetheless, the Committee notes the information in the Government’s National Report submitted to the UN Human Rights Council on 5 September 2008 that the Government introduced school fees in 2005 on a cost-sharing basis. The Committee also notes the indication in this report that this policy was revised in 2008 with the introduction of an income threshold by which households in need of assistance are exempted from paying school fees (A/HRC/WG.6/3/BWA, paragraph 36). On the subject of school fees, the Committee notes that the Special Rapporteur expressed “deep regret at the decision to reintroduce school fees, which would represent a step backward in Botswana’s extraordinary achievements in education, for which cost-free education has been one of the contributing factors”. The Special Rapporteur further stated that “the reintroduction of fees, coupled with the absence of the legal obligation providing for compulsory education might have disastrous effects on enrolment rates at the secondary level and the already increasing drop-out rate registered at that level” (paragraphs 44 and 45). Considering that free, compulsory education is one of the most effective means of combating child labour, the Committee expresses concern at the lack of compulsory education and the introduction of school fees. Nonetheless, the Committee welcomes the measures adopted to retain students in school and encourages the Government to continue taking measures to improve the functioning of the education system, in particular by increasing the school enrolment rates, particularly at the secondary level, and by reducing the drop-out rates. The Committee also urges the Government to adopt legislation introducing compulsory schooling so as to prevent the engagement of these children in child labour. Finally, the Committee requests the Government to continue providing statistical information on school attendance and school drop-out rates.

Article 3, paragraphs 1 and 2. Hazardous work. In its previous comments, the Committee noted that the Commissioner had not had cause to notify any employer on work which is harmful to the health and development, nor dangerous, immoral or otherwise unsuitable for young persons, as per section 108 of the Employment Act, as last amended by Act No. 14, 2003 (Employment Act). The Committee had further noted that, under the Employment Act, a young person is defined as anyone who has attained the age of 15 but is under 18 years of age and that sections 106 and 107 of the Act prohibit the employment of children and young persons in underground and night work. The Committee notes in the Government’s report that the Commissioner has not yet determined the types of hazardous work prohibited to children under 18 years of age and that consultations with the social partners are ongoing on this matter. In addition, the Committee notes the Government’s indication in its report submitted to the CRC that there are a sizeable number of children who work long hours and carry out duties which may fall under the ambit of hazardous employment as defined by the Employment Act (CRC/C/51/Add.9, paragraph 353). The Committee reminds the Government that, by virtue of Article 3(2) of the Convention, the types of employment or work which, by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons, shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. The Committee therefore expresses its concern and hopes that the Government will take the necessary measures shortly to ensure the adoption of the list determining the types of hazardous work prohibited to persons under 18 years of age. It also requests the Government to provide information on progress made in this regard and to supply a copy of the list once it has been adopted.

Article 7, paragraph 3. Light work. In previous comments, the Committee noted that under section 105 of the Employment Act, a child who has attained the age of 14 years may be employed in light work not harmful to his health or development. Pursuant to section 105(2), a child of 14 not attending school, may be employed in such light work if employed by a member of the child’s family or if such work is of a character approved by the Commissioner, and where the employment is not of a domestic character (for which suitable accommodation is provided), the child shall be readily able to return home (or return to a parental approved house) each evening, and provided that no child shall be required or permitted to work more than six hours a day or 30 hours a week. Pursuant to section 105(3) of the Employment Act, a child of 14 who is still attending school may, whilst on vacation from school, be employed in light work of a character approved by the Commissioner for not more than five hours a day between 6 a.m. and 4 p.m. The Committee notes the Government’s information that there has not yet been a determination of light work pursuant to section 105 of the Employment Act, and that consultations with social partners on this matter are ongoing. The Committee recalls that, by virtue of Article 7(3) of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. It requests the Government to provide further information on the measures taken to determine light work activities that are permitted for children who have attained the age of 14 years and to supply a copy of the list of the types of light work permitted for children once adopted.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and further notes the 2003 amendment of the Employment Act, 1982. The Committee requests the Government to provide information on the following points.

Article 1 of the Convention National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee noted that, in ratifying the Convention, the Government committed itself to pursuing a national policy designed to ensure the effective abolition of child labour. It requested the Government to indicate the measures taken or envisaged to ensure the effective abolition of child labour. The Committee takes note of the ILO partnership project entitled “Towards the elimination of the worst forms of child labour” (TECL), which focuses on child trafficking, commercial sexual exploitation, and educational rehabilitation in South Africa, Botswana, Namibia, Lesotho and Swaziland. An action programme was launched under ILO/IPEC in February 2005 with the aim of appointing service providers for the TECL project.

The Committee further notes the Government’s information that, with ILO/IPEC assistance, it is currently involved in a programme towards the elimination of the worst forms of child labour in Botswana. The project, entitled “Supporting the time-bound programme for the elimination of the worst forms of child labour in South Africa: Laying the basis for concerted action in Botswana, Lesotho, Namibia and Swaziland”, commenced in December 2003 and is scheduled to finish in December 2006. The project involves an investigation into the extent, nature and causes of the worst forms of child labour and is aimed at informing the Government in its effort to eliminate child labour in general, and the worst forms of child labour in particular. The project aims at, among other things, facilitating a broad consultation process resulting in the drafting of a national programme on addressing child labour and focusing on the elimination of the worst forms of child labour. The Committee asks the Government to provide further information on the results achieved by the ILO/IPEC programmes in eliminating child labour and its worst forms.

Article 2, paragraph 1. Scope of application of the Convention. In its previous comments, the Committee requested the Government to provide information on the manner in which children who are not bound by a contract of employment, such as self-employed workers, benefit from the protection afforded by the Convention. It notes the Government’s information that children not bound by a contract of employment (such as self-employed workers) are protected by the Children’s Act Cap: 28:04, and that Part V, section 14(c), of this Act provides that a child in need of care means a child who “engages in any form of street trading, unless he has been deputed by his parents to help in the distribution of merchandise of a family concern”. A child identified as in need of care can be reported to a social welfare officer and, if necessary, removed to a safe place and brought before a children’s court. However, these protection mechanisms do not regulate the hours, conditions or minimum age for self-employment. The Committee therefore once again requests the Government to provide information on the measures taken or envisaged to ensure that children who are not bound by a contract of employment are afforded protection by the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee previously requested the Government to provide information concerning education, in particular the age at which education is completed and the legislative text, which regulates education. The Committee notes the report of the Special Rapporteur on the Right to Education of 17 March 2006 entitled “Economic, social, and cultural rights: The right to education” (E/CN.4/2006/45/Add.1). The report states that Botswana has virtually reached the objective of universal primary education (which consists of seven years of schooling for children between the ages of 7 and 14, resulting in a Primary School Leaving Certificate). The report further notes that the Revised National Policy on Education of 1994, which is currently at the stage of implementation, “frames the organizational aspect of school life, defines the responsibilities of the various ministries and defines the national educational policy that should guide any action at the local and school levels” (paragraph 27). It also notes that, as part of its ninth National Development Plan (2003-09), Botswana has adopted a National Action Plan for Education, which aims to fulfil the provisions of the Dakar Framework for Action, adopted at the World Education Forum in 2000. However, the report also notes that “although primary education is free in practice, the Education Act does not legally provide for free and compulsory primary education”. The Committee notes that the Government has provided a copy of the Education Act with its report. It requests the Government to provide further information on the implementation of the National Action Plan for Education, as well as the Revised National Policy on Education. The Committee requests the Government to indicate the measures taken or envisaged to ensure that primary education is determined as compulsory in national legislation.

Article 3, paragraphs 1 and 2. Hazardous work. The Committee had previously requested the Government to indicate if the types of hazardous work which are prohibited to those under 18 years of age had been determined, according to the provision of Article 3, paragraph 2, of the Convention. It had also asked the Government to communicate the list of the types of hazardous work and indicate whether workers’ and employers’ organizations had been previously consulted in the determination of this list.

The Committee notes that, under section 108 of the Employment Act, as amended, “the Commissioner may notify any employer in writing or, by notice published in the Gazette, all employers or every employer belonging to any class or description of employers specified in the notice that the kind of work on which a young person is employed by him or them is harmful to his health and development, dangerous, immoral or otherwise unsuitable, and every employer who is so notified shall immediately cease to employ the young person concerned”. Under the Employment Act, as amended, a young person is defined as anyone who has attained the age of 15 but is under 18 years of age. Furthermore, sections 106 and 107 of the Act prohibit the employment of children and young persons in underground and night work. The Committee also notes the Government’s information that the Commissioner has not had cause to notify any employer on work, which is harmful to the health and development, dangerous, immoral or otherwise unsuitable for young persons. The Committee repeats its request to the Government to provide information on whether the Commissioner has determined a list of the types of hazardous work prohibited to persons under 18, in consultation with the relevant workers’ and employers’ organizations, and to provide a copy of this list once it has been determined.

Article 7, paragraph 3. Light work. The Committee notes that under section 105 of the Employment Act, as amended, a child who has attained the age of 14 years and is or is not attending school may be employed in light work not harmful to his health or development, if such work is of a character approved by the Commissioner. The Committee notes the Government’s information that light work has not been determined in terms of section 105 of the Employment Act, as amended, and that this matter will be subjected to consultation with social partners. The Committee recalls that, by virtue of Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. It requests the Government to provide further information on the consultations held with social partners in determining the types of light work that are permitted for children who have attained the age of 14 years.

Article 9, paragraph 3. Keeping of registers by employers. The Committee notes that section 111 of the Employment Act, as amended, provides that the Minister may make regulations on the employment of children and young persons, and that such regulations may provide for the registration of children and young persons where they are to be employed in an industrial undertaking. The Committee notes the Government’s information that, although there is no register specifically for children and young persons, employers are required in terms of section 92 of the Employment Act, as amended, to keep records, books and accounts in respect of employees employed by them as may be prescribed. It further notes that the law requires every employer to, at all reasonable times, afford every facility to the Commissioner or any labour officer for the examination of such records, books and accounts.

Part V of the report form. Practical application of the Convention. The Committee notes that the Government has supplied statistical information on the distribution of economic activity of persons aged 10 years and over, disaggregated by sex. It notes that 856 girls (1.3 per cent of females between the ages of 10 and 14) and 2006 boys (3.2 per cent of males between the ages of 10 and 14) are economically active. It requests the Government to provide further information on the application of the Convention in practice, including extracts from the reports of inspection services, information on the number and nature of contraventions reported, and penalties laid down.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. 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 matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. In ratifying the above Convention, Botswana committed itself to pursuing a national policy designed to ensure the effective abolition of child labour. The Committee would be grateful if the Government would indicate the measures taken to ensure the effective abolition of child labour. It would also be grateful if the Government would provide information concerning education, in particular the age at which education is completed, and the legislative text which regulates education.

Article 2. Scope of application of the Convention. The Committee noted that, in accordance with Part 3, the Employment Act, 1982, applies to any person who has entered into a contract of employment - oral or in writing, expressed or implied - for the hire of his labour. It stressed that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour contract or not, and whether it is remunerated or not. The Committee would be grateful if the Government would provide information on the manner in which children who are not bound by a contract of employment, such as self-employed workers, benefit from the protection afforded by the Convention.

Article 3, paragraphs 1 and 2. Hazardous work. The Committee noted that under section 110(2) of the Employment Act, 1982, "the Commissioner may notify any employer in writing or, by notice published in the Gazette, all employers or every employer belonging to any class or description of employers specified in the notice that the kind of work on which a young person is employed by him or them is harmful to his health and development, dangerous, immoral or otherwise unsuitable". The Committee would be grateful if the Government would indicate if the Commissioner has determined the types of hazardous work which is prohibited to children under 18 years of age, according to the provision of Article 3, paragraph 2, of the Convention. It also asks the Government to communicate the list of the types of hazardous work and indicate whether workers’ and employers’ organizations have been previously consulted for the determination of the types of hazardous work.

Article 7, paragraph 3. Light work. The Committee noted that under sections 107(2)(b) and 107(3) of the Employment Act, 1982, a child who has attained the age of 14 years old and is or is not attending school may be employed on light work not harmful to his health and development, if such work is of a character approved by the Commissioner. The Committee once again requests the Government to indicate whether the Commissioner has determined activities as light work and, if so, to supply information on the types of light work that are permitted for children who have attained the age of 14 years.

Article 9, paragraph 3. Keeping of registers by employers. The Committee noted that section 113 of the Employment Act, 1982, provides that the Minister may make regulations on the employment of children and young persons and that such regulations may provide for the registration of children and young persons where they are to be employed in an industrial undertaking. The Committee once again requests the Government to indicate to what extent, if any, the Minister has used his or her discretion under section 113 of the Employment Act to issue regulations with respect to the registration of persons below age 18 employed in industrial undertakings, and if such discretion has been exercised, to communicate a registration model accordingly.

Part V of the report form. Practical application of the Convention. The Committee requests the Government to supply information on the application of the Convention in practice, by giving, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services, information on the number and nature of contraventions reported, etc.

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

The Committee notes that the Government’s report has not been received. 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 matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. In ratifying the above Convention, Botswana committed itself to pursuing a national policy designed to ensure the effective abolition of child labour. The Committee would be grateful if the Government would indicate the measures taken to ensure the effective abolition of child labour. It would also be grateful if the Government would provide information concerning education, in particular the age at which education is completed, and the legislative text which regulates education.

Article 2. Scope of application of the Convention. The Committee noted that, in accordance with Part 3, the Employment Act, 1982, applies to any person who has entered into a contract of employment - oral or in writing, expressed or implied - for the hire of his labour. It stressed that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour contract or not, and whether it is remunerated or not. The Committee would be grateful if the Government would provide information on the manner in which children who are not bound by a contract of employment, such as self-employed workers, benefit from the protection afforded by the Convention.

Article 3, paragraphs 1 and 2. Hazardous work. The Committee noted that under section 110(2) of the Employment Act, 1982, "the Commissioner may notify any employer in writing or, by notice published in the Gazette, all employers or every employer belonging to any class or description of employers specified in the notice that the kind of work on which a young person is employed by him or them is harmful to his health and development, dangerous, immoral or otherwise unsuitable". The Committee would be grateful if the Government would indicate if the Commissioner has determined the types of hazardous work which is prohibited to children under 18 years of age, according to the provision of Article 3, paragraph 2, of the Convention. It also asks the Government to communicate the list of the types of hazardous work and indicate whether workers’ and employers’ organizations have been previously consulted for the determination of the types of hazardous work.

Article 7, paragraph 3. Light work. The Committee noted that under sections 107(2)(b) and 107(3) of the Employment Act, 1982, a child who has attained the age of 14 years old and is or is not attending school may be employed on light work not harmful to his health and development, if such work is of a character approved by the Commissioner. The Committee once again requests the Government to indicate whether the Commissioner has determined activities as light work and, if so, to supply information on the types of light work that are permitted for children who have attained the age of 14 years.

Article 9, paragraph 3. Keeping of registers by employers. The Committee noted that section 113 of the Employment Act, 1982, provides that the Minister may make regulations on the employment of children and young persons and that such regulations may provide for the registration of children and young persons where they are to be employed in an industrial undertaking. The Committee once again requests the Government to indicate to what extent, if any, the Minister has used his or her discretion under section 113 of the Employment Act to issue regulations with respect to the registration of persons below age 18 employed in industrial undertakings, and if such discretion has been exercised, to communicate a registration model accordingly.

Part V of the report form. Practical application of the Convention. The Committee requests the Government to supply information on the application of the Convention in practice, by giving, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services, information on the number and nature of contraventions reported, etc.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information supplied by the Government in its first report.

Article 1 of the Convention. In ratifying the above Convention, Botswana has committed itself to pursuing a national policy designed to ensure the effective abolition of child labour. The Committee would be grateful if the Government would indicate the measures taken to ensure the effective abolition of child labour. It would also be grateful if the Government would provide information concerning education, in particular the age at which education is completed, and the legislative text which regulates education.

Article 2. 1. Scope of application of the Convention. The Committee notes that, in accordance with Part 3, the Employment Act, 1982, applies to any person who has entered into a contract of employment - oral or in writing, expressed or implied - for the hire of his labour. It stresses that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a labour contract or not, and whether it is remunerated or not. The Committee would be grateful if the Government would provide information on the manner in which children who are not bound by a contract of employment, such as self-employed workers, benefit from the protection afforded by the Convention.

2. Specification of a minimum age. The Committee notes that the minimum age for admission to employment or work of 14 years was specified by Botswana at the time of ratification. It requests the Government to indicate whether workers’ and employers’ organizations have been previously consulted for initially specifying a minimum age of 14 years, according to the provision of Article 2, paragraph 4, of the Convention.

The Committee notes that section 2(1) of the Employment Act, 1982, defines child as a person under the age of 15 years and section 107(1) and (2) of the Employment Act prohibit the employment of children. It draws the Government’s attention to the possibility under Article 2, paragraph 2, of the Convention to notify the Director-General of the International Labour Office, by further declarations, that it specifies a minimum age higher than that previously specified. The Committee also draws the Government’s attention to Article 2, paragraph 5, of the Convention, according to which each Member which has specified a minimum age of 14 years, shall include in its further reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organization a statement that its reason for doing so subsists, or it renounces its right to avail itself of the provisions in question as from a stated date.

Article 3, paragraphs 1 and 2. The Committee notes that under section 110(1) of the Employment Act, 1982, "no young person shall be employed on any work which is harmful to his health and development, dangerous or immoral". Section 2(1) of the Employment Act provides that young person"means a person who has attained the age of 15 years but is under the age of 18 years". The Committee draws the Government’s attention to Article 3, paragraph 1, of the Convention, according to which the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. It would be grateful if the Government would provide information on the measures which have been taken or are envisaged to ensure the application of this provision of the Convention by providing that the minimum age for admission to hazardous work shall not be less than 18 years.

The Committee also notes that under section 110(2) of the Employment Act, 1982, "the Commissioner may notify any employer in writing or, by notice published in the Gazette, all employers or every employer belonging to any class or description of employers specified in the notice that the kind of work on which a young person is employed by him or them is harmful to his health and development, dangerous, immoral or otherwise unsuitable". The Committee would be grateful if the Government would indicate if the Commissioner has determined the types of hazardous work which is prohibited to children under 18 years of age, according to the provision of Article 3, paragraph 2, of the Convention. It also asks the Government to communicate the list of the types of hazardous work and indicate whether workers’ and employers’ organizations have been previously consulted for the determination of the types of hazardous work.

Article 7, paragraph 3. The Committee notes that under sections 107(2)(b) and 107(3) of the Employment Act, 1982, a child who has attained the age of 14 years old and is or is not attending school may be employed on light work not harmful to his health and development, if such work is of a character approved by the Commissioner. The Committee requests the Government to indicate whether the Commissioner has determined activities as light work and, if so, to supply information on the types of light work that are permitted for children who have attained the age of 14 years.

Article 9, paragraph 3. The Committee notes that section 113 of the Employment Act, 1982, provides that the Minister may make regulations on the employment of children and young persons and that such regulations may provide for the registration of children and young persons where they are to be employed in an industrial undertaking. The Committee requests the Government to indicate to what extent, if any, the Minister has used his or her discretion under section 113 of the Employment Act to issue regulations with respect to the registration of persons below age 18 employed in industrial undertakings, and if such discretion has been exercised, to communicate a registration model accordingly.

The Committee observes that, according to section 113 of the Employment Act, 1982, the regulations for the registration of children and young persons concern only industrial undertakings. As the Committee has already stressed under Article 2, paragraph 1, the Convention applies to all branches of economic activity and covers all types of employment or work, whether under a labour contract or not, and whether it is remunerated or not. It would be grateful if the Government would take the necessary measures to ensure that national laws or the competent authority shall prescribe the registers which shall be kept and made available by the employer of persons whom he employs or who work for him and who are less than 18 years of age for all branches of activity.

Point V of the report form. The Committee requests the Government to supply information on the application of the Convention in practice, by giving, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services, information on the number and nature of contraventions reported, etc.

Please also provide copies of the following texts:

-  Adoption Act of 1993;

-  Children Act of 1981.