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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Botswana (Ratification: 2000)

Articles 3(a) and 6 of the Convention. All forms of slavery or practices similar to slavery and programmes of action. Sale and trafficking of children. In response to its previous comments concerning the application of the Anti-human Trafficking Act of 2014, the Committee notes the Government’s indication in its report that there are currently six cases of sale and trafficking of children under 18 years before the courts awaiting the final judgements. The Committee also notes the Government’s information in its report under the Forced Labour Convention, 1930 (No. 29) that in July 2021, a woman was sentenced to imprisonment for ten years for trafficking a child of 16 years for sexual exploitation. This report also indicates that the Anti-Human Trafficking National Action Plan (NAP-HT) 2018-2022 was developed and structured in accordance with the internationally recognized 4P’s strategies of prevention, protection, prosecution and partnership. The Human Trafficking (Prohibition) Committee, which is the coordination body responsible for the effective implementation of the NAP-HT has issued 18 resolutions pertaining to expediting pending cases, information campaigns and victim protection and referral procedures, of which 50 per cent have been successfully implemented.

The Committee, however, 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 the prevalence of trafficking in women and children for economic and commercial sexual exploitation and at the very low rate of investigations, prosecutions and convictions of the crime (CCPR/C/BWA/CO/2, paragraph 25). The Committee requests the Government to intensify its efforts, within the framework of the NAP-HT 2018-22 or otherwise, to ensure the thorough investigation and prosecution of perpetrators of child trafficking for labour or sexual exploitation, and to provide information on the convictions and penalties applied, including in the six cases of sale and trafficking of children under 18 years pending before the courts. In addition, the Committee requests the Government to provide information on the specific measures taken within the framework of the NAP-HT to combat trafficking in children as well as the results achieved.

Article 4(1). Determination of hazardous work. Following its previous comments, the Committee notes the Government’s information that the draft list of types of hazardous work prohibited to children under 18 years of age was incorporated in the ongoing labour law review. The Government indicates, in its report under the Minimum Age Convention, 1973 (No. 138) that the labour law review is at an advanced stage and it is envisaged that the Bill will be presented during the July 2022 session of the Parliament. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Labour Law Bill containing the draft list of types of hazardous work prohibited to children under 18 years of age is adopted in the very near future. It requests the Government to supply a copy of this list, once it is adopted.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour, removing them from the worst forms of child labour and ensuring their rehabilitation and social integration.Child victims of commercial sexual exploitation. In reply to its previous comments, the Committee notes the Government’s statement that all efforts are made to protect children from being involved in commercial sexual exploitation by extending support to their families. The Government also indicates that no information is available on child victims of commercial sexual exploitation as no study was conducted on this subject. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women, in its concluding observations of March 2019, expressed concern about the lack of efficient mechanisms to prevent girls who drop out of school from engaging in prostitution (CEDAW/C/BWA/CO/4, paragraph 29). The Committee urges the Government totake the necessary measures to prevent the engagement of children in prostitution, and to remove them from this worst form of child labour as well as to rehabilitate and socially integrate them. It requests the Government to provide information on the measures taken in this regard, as well as on the number of children under 18 years of age who have been removed from prostitution and provided with appropriate care and assistance.

The Committee is raising other matters in a request addressed directly to the Government.