CMNT_TITLE

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

Other comments on C138

Observation

2022

Direct Request

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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Children’s Rights through Education, the Arts and the Media” (SCREAM) and a total of 1,927 children were prevented and withdrawn from child labour, including in the agricultural sector.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.