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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 2(2)(c) of the Convention. Work of prisoners for the benefit of private persons. The Committee has noted the Government’s repeated statement in its reports that the Prisons Act does not authorize the hiring to, or placement of, convicted prisoners at the disposal of private individuals. The Committee has also noted the Government’s indication concerning the nature of work to be given to prisoners, which must be of a useful nature and must prepare prisoners for the conditions of normal occupational employment, as described in section 95, read in conjunction with section 92 of the Prisons Act.

However, as regards the Government’s statement that the Prisons Act does not authorize the hiring to, or placement of, convicted prisoners at the disposal of private individuals, the Committee again draws the Government’s attention to section 94(1) of the Prisons Act (Cap. 21:03), under which a prisoner may be employed outside a prison under the immediate order and for the benefit of a person other than a public authority.

The Committee recalls that Article 2(2)(c) of the Convention expressly prohibits that convicted prisoners are hired to, or placed at, the disposal of private individuals, companies or associations. As the Committee repeatedly pointed out, the work of prisoners for private parties is only compatible with the Convention where it does not involve compulsory labour and is carried out with the freely given consent of the persons concerned (see, for example, the explanations in paragraphs 59–60 and 114–120 of the Committee’s 2007 General Survey on the eradication of forced labour). The Committee has also considered that, in the context of a captive labour force having no alternative access to the free labour market, the most reliable indicator of the voluntariness of labour is the work performed under conditions approximating a free labour relationship, which include wage levels (leaving room for deductions and attachments), social security and occupational safety and health.

The Committee expects that the necessary measures will be taken, both in law and in practice, to ensure that any work or service by prisoners for private persons is performed voluntarily, which necessarily requires the freely given and informed consent of the prisoners concerned, such consent being authenticated by the conditions approximating a free labour relationship as explained above. Pending the adoption of such measures, the Committee again requests the Government to supply specimen copies of agreements concluded between prison authorities and private users of prison labour, as well as information concerning the conditions of work of prisoners for private employers, including copies of prescribed earning schemes to which reference is made in sections 94(3) and 95 of the Prisons Act. Referring also to the Government’s statement in the report that no use has been made of section 95 of the Prisons Act, the Committee hopes that the Government will clarify this issue in its next report.

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Article 2, paragraph 2(c), of the Convention. Work of prisoners for the benefit of private persons. The Committee has noted the Government’s repeated statement in its reports that the Prisons Act does not authorize the hiring to, or placement of, convicted prisoners at the disposal of private individuals. The Committee has also noted the Government’s indication concerning the nature of work to be given to prisoners, which must be of a useful nature and must prepare prisoners for the conditions of normal occupational employment, as described in section 95, read in conjunction with section 92 of the Prisons Act.

However, as regards the Government’s statement that the Prisons Act does not authorize the hiring to, or placement of, convicted prisoners at the disposal of private individuals, the Committee again draws the Government’s attention to section 94(1) of the Prisons Act (Cap. 21:03), under which a prisoner may be employed outside a prison under the immediate order and for the benefit of a person other than a public authority.

The Committee recalls that Article 2(2)(c) of the Convention expressly prohibits that convicted prisoners are hired to, or placed at, the disposal of private individuals, companies or associations. As the Committee repeatedly pointed out, the work of prisoners for private parties is only compatible with the Convention where it does not involve compulsory labour and is carried out with the freely given consent of the persons concerned (see, for example, the explanations in paragraphs 59–60 and 114–120 of the Committee’s 2007 General Survey on the eradication of forced labour). The Committee has also considered that, in the context of a captive labour force having no alternative access to the free labour market, the most reliable indicator of the voluntariness of labour is the work performed under conditions approximating a free labour relationship, which include wage levels (leaving room for deductions and attachments), social security and occupational safety and health.

The Committee expects that the necessary measures will be taken, both in law and in practice, to ensure that any work or service by prisoners for private persons is performed voluntarily, which necessarily requires the freely given and informed consent of the prisoners concerned, such consent being authenticated by the conditions approximating a free labour relationship as explained above. Pending the adoption of such measures, the Committee again requests the Government to supply specimen copies of agreements concluded between prison authorities and private users of prison labour, as well as information concerning the conditions of work of prisoners for private employers, including copies of prescribed earning schemes to which reference is made in sections 94(3) and 95 of the Prisons Act. Referring also to the Government’s statement in the report that no use has been made of section 95 of the Prisons Act, the Committee hopes that the Government will clarify this issue in its next report.

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Article 2(2)(c) of the Convention. Work of prisoners for the benefit of private persons. The Committee notes the Government’s statement in the report that the Prison Act does not authorize the hiring or placement of convicted prisoners at the disposal of private individuals. However, as the Committee noted previously, under section 94(1) of the Prisons Act (Cap. 21:03), a prisoner may be employed outside a prison under the immediate order and for the benefit of a person other than a public authority.

The Committee again draws the Government’s attention to the provisions of Article 2(2)(c) of the Convention, which expressly prohibits that convicted prisoners are hired to or placed at the disposal of private individuals, companies or associations, in a sense that the exception from the scope of the Convention provided for in this Article for compulsory prison labour does not extend to work of prisoners for private employers, even under public supervision and control.

The Committee refers in this connection to the explanations given in paragraphs 59–60 and 114–120 of its General Survey of 2007 on the eradication of forced labour, where it pointed out that work of prisoners for private parties is only compatible with the Convention where it does not involve compulsory labour and is carried out with the freely given consent of the persons concerned. The Committee has also considered that, in the context of a captive labour force having no alternative access to the free labour market, the most reliable indicator of the voluntariness of labour is the work performed under conditions approximating a free labour relationship, which include wage levels (leaving room for deductions and attachments), social security and occupational safety and health. There may be also other factors that can be regarded as objective and measurable advantages which the prisoner gains from the actual performance of the work and which could be considered in determining whether consent was freely given and informed (such as the learning of new skills which could be deployed by prisoners when released; the offer of continuing the work of the same type upon their release; or the opportunity to work cooperatively in a controlled environment enabling them to develop team skills).

The Committee therefore hopes that the necessary measures will be taken, both in law and in practice, to ensure that any work or service by prisoners for private persons is performed voluntarily, which necessarily requires the freely given and informed consent of the prisoners concerned, such consent being authenticated by the existence of objective and measurable factors as explained above. Pending the adoption of such measures, the Committee again requests the Government to supply specimen copies of agreements concluded between prison authorities and private users of prison labour, as well as information concerning conditions of work of prisoners for private employers, including copies of prescribed earnings schemes to which reference is made in sections 94(3) and 95 of the Prisons Act.

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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 following matters raised in its previous direct request:

Article 2(2)(a) of the Convention. The Committee notes the Government’s statement in the report, with reference to section 5 of the Botswana Defence Force Act (Cap. 21:05), that the Defence Force shall be charged with the defence of Botswana and cannot be used for any other purpose than military ends. However, according to the same section of the Act, the Defence Force may be also charged with such other duties as may, from time to time, be determined by the President. The Committee would appreciate it if the Government would describe such “other duties”, indicating in particular what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends, as requested by the report form under this Article of the Convention.

Article 2(2)(c). The Committee notes that, under section 94 of the Prisons Act (Cap. 21:03), a prisoner may be employed outside a prison under the immediate order and for the benefit of a person other than a public authority. The Committee recalls that Article 2(2)(c) expressly prohibits that convicted prisoners are hired to or placed at the disposal of private individuals, companies or associations, in a sense that the exception from the scope of the Convention provided for in this Article for compulsory prison labour does not extend to work of prisoners for private employers, even under public supervision and control.

The Committee draws the Government’s attention to the fact that, under this provision of the Convention, work or service exacted from any person as a consequence of a conviction in a court of law is excluded from the scope of the Convention only if two conditions are met, namely: (i) that the said work or service is carried out under the supervision and control of a public authority; and (ii) that the said person is not hired to or placed at the disposal of private individuals, companies or associations. The Committee has always made it clear that the two conditions are cumulative, the fact that the prisoner remains at all times under the supervision and control of a public authority does not in itself dispense the Government from fulfilling the second condition, namely that the person is not hired to or placed at the disposal of private individuals, companies or associations.

The Committee refers in this connection to the explanations given in paragraphs 128-143 of its general report to the 89th Session of the International Labour Conference (2001) and in points 5-11 of its 2001 general observation under the Convention, where it pointed out that it is only when work or service is performed in conditions approximating a free employment relationship that work by prisoners for private companies can be held compatible with the explicit prohibition of the Convention. This necessarily requires the formal consent of the persons concerned, as well as further guarantees and safeguards covering the essential elements of a free labour relationship, such as wages and social security, etc.

The Committee therefore hopes that the necessary measures will be taken, both in law and in practice, to ensure that any work or service by prisoners for private persons is performed in conditions approximating a free employment relationship, including the formal consent of the prisoners concerned, as well as – given the absence of alternative access to the free labour market – further guarantees and safeguards covering the essential elements of a free labour relationship, as referred to above. Pending the adoption of such measures, the Committee requests the Government to supply specimen copies of agreements concluded between prison authorities and private users of prison labour, as well as information concerning conditions of work of prisoners for private employers, including copies of prescribed earnings schemes to which reference is made in section 95 of the Prisons Act.

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The Committee notes the Government’s reply to its previous direct request, as well as the legislative texts communicated by the Government with its report.

Article 2(2)(a) of the Convention. The Committee notes the Government’s statement in the report, with reference to section 5 of the Botswana Defence Force Act (Cap. 21:05), that the Defence Force shall be charged with the defence of Botswana and cannot be used for any other purpose than military ends. However, according to the same section of the Act, the Defence Force may be also charged with such other duties as may, from time to time, be determined by the President. The Committee would appreciate it if the Government would describe such "other duties", indicating in particular what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends, as requested by the report form under this Article of the Convention.

Article 2(2)(c). The Committee notes that, under section 94 of the Prisons Act (Cap. 21:03), a prisoner may be employed outside a prison under the immediate order and for the benefit of a person other than a public authority. The Committee recalls that Article 2(2)(c) expressly prohibits that convicted prisoners are hired to or placed at the disposal of private individuals, companies or associations, in a sense that the exception from the scope of the Convention provided for in this Article for compulsory prison labour does not extend to work of prisoners for private employers, even under public supervision and control.

The Committee draws the Government’s attention to the fact that, under this provision of the Convention, work or service exacted from any person as a consequence of a conviction in a court of law is excluded from the scope of the Convention only if two conditions are met, namely: (i) that the said work or service is carried out under the supervision and control of a public authority; and (ii) that the said person is not hired to or placed at the disposal of private individuals, companies or associations. The Committee has always made it clear that the two conditions are cumulative and apply independently, i.e. the fact that the prisoner remains at all times under the supervision and control of a public authority does not in itself dispense the Government from fulfilling the second condition, namely that the person is not hired to or placed at the disposal of private individuals, companies or associations.

The Committee refers in this connection to the explanations given in paragraphs 128-143 of its general report to the 89th Session of the International Labour Conference (2001) and in points 5-11 of its 2001 general observation under the Convention, where it pointed out that it is only when work or service is performed in conditions approximating a free employment relationship that work by prisoners for private companies can be held compatible with the explicit prohibition of the Convention. This necessarily requires the formal consent of the persons concerned, as well as further guarantees and safeguards covering the essential elements of a free labour relationship, such as wages and social security, etc.

The Committee therefore hopes that the necessary measures will be taken, both in law and in practice, to ensure that any work or service by prisoners for private persons is performed in conditions approximating a free employment relationship, including the formal consent of the prisoners concerned, as well as - given the absence of alternative access to the free labour market - further guarantees and safeguards covering the essential elements of a free labour relationship, as referred to above. Pending the adoption of such measures, the Committee requests the Government to supply specimen copies of agreements concluded between prison authorities and private users of prison labour, as well as information concerning conditions of work of prisoners for private employers, including copies of prescribed earnings schemes to which reference is made in section 95 of the Prisons Act.

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The Committee notes that no report has been received from the Government. 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 following matters raised in its previous direct request:

The Committee would be grateful if the Government would supply, with its next report, copies of the following legislation: Prison Regulations and any other provisions governing the work of prisoners; the Defence Force Act and other Acts governing disciplined forces; legislation concerning a state of emergency. The Committee also requests the Government to provide additional information on the following points.

Article 2(2)(a) of the Convention. Please indicate what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends. Please also supply copies of provisions governing alternative (non-military) service in case of persons who have conscientious objections to service as members of a naval, military or air force, to which reference is made in article 6(3)(c) of the Constitution and section 2(1) of the Employment Act. Please indicate any provisions applicable to military officers and other career military servicemen, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(c). The Committee has noted from article 6(3)(a) of the Constitution and from the definition of "forced labour" given in section 2(1) of the Employment Act that the expression "forced labour" does not include any labour required in consequence of the sentence or order of a court. The Committee recalls that, according to Article 2(2)(c), work can only be exacted from a person as a consequence of a conviction in a court of law. It refers to the explanations in paragraph 94 of its 1979 General Survey on the abolition of forced labour, in which it pointed out that this provision aims at ensuring that penal labour will not be imposed unless the guarantees laid down in the general principles of law recognized by the community of nations are observed, such as the presumption of innocence, equality before the law, regularity and impartiality of proceedings, independence and impartiality of courts, guarantees necessary for defence, clear definition of the offence and non-retroactivity of penal law. The Committee requests the Government to clarify the meaning and the scope of an "order of a court" (as opposed to a sentence in criminal proceedings), under which the exaction of forced labour may be required, supplying sample copies of relevant orders, and to provide information on measures taken or envisaged to ensure the observance of the Convention on this point.

Article 2(2)(b) and (e). The Committee has noted from article 6(3)(e) of the Constitution and from the definition of "forced labour" given in section 2(1) of the Employment Act that the expression "forced labour" does not include any labour reasonably required as part of reasonable and normal communal or other civic obligations. Please describe such "normal communal and other civic obligations" and supply copies of relevant provisions.

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The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee would be grateful if the Government would supply, with its next report, copies of the following legislation: Prison Regulations and any other provisions governing the work of prisoners; the Defence Force Act and other Acts governing disciplined forces; legislation concerning a state of emergency. The Committee also requests the Government to provide additional information on the following points.

Article 2(2)(a) of the Convention. Please indicate what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends. Please also supply copies of provisions governing alternative (non-military) service in case of persons who have conscientious objections to service as members of a naval, military or air force, to which reference is made in article 6(3)(c) of the Constitution and section 2(1) of the Employment Act. Please indicate any provisions applicable to military officers and other career military servicemen, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(c). The Committee has noted from article 6(3)(a) of the Constitution and from the definition of "forced labour" given in section 2(1) of the Employment Act that the expression "forced labour" does not include any labour required in consequence of the sentence or order of a court. The Committee recalls that, according to Article 2(2)(c), work can only be exacted from a person as a consequence of a conviction in a court of law. It refers to the explanations in paragraph 94 of its 1979 General Survey on the abolition of forced labour, in which it pointed out that this provision aims at ensuring that penal labour will not be imposed unless the guarantees laid down in the general principles of law recognized by the community of nations are observed, such as the presumption of innocence, equality before the law, regularity and impartiality of proceedings, independence and impartiality of courts, guarantees necessary for defence, clear definition of the offence and non-retroactivity of penal law. The Committee requests the Government to clarify the meaning and the scope of an "order of a court" (as opposed to a sentence in criminal proceedings), under which the exaction of forced labour may be required, supplying sample copies of relevant orders, and to provide information on measures taken or envisaged to ensure the observance of the Convention on this point.

Article 2(2)(b) and (e). The Committee has noted from article 6(3)(e) of the Constitution and from the definition of "forced labour" given in section 2(1) of the Employment Act that the expression "forced labour" does not include any labour reasonably required as part of reasonable and normal communal or other civic obligations. Please describe such "normal communal and other civic obligations" and supply copies of relevant provisions.

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The Committee has noted with interest the information provided by the Government in its first report on the application of the Convention. It would be grateful if the Government would supply, with its next report, copies of the following legislation: Prison Regulations and any other provisions governing the work of prisoners; the Defence Force Act and other Acts governing disciplined forces; legislation concerning a state of emergency. The Committee also requests the Government to provide additional information on the following points.

Article 2(2)(a) of the Convention. Please indicate what guarantees are provided to ensure that services exacted for military purposes are used for purely military ends. Please also supply copies of provisions governing alternative (non-military) service in case of persons who have conscientious objections to service as members of a naval, military or air force, to which reference is made in article 6(3)(c) of the Constitution and section 2(1) of the Employment Act. Please indicate any provisions applicable to military officers and other career military servicemen, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(c). The Committee has noted from article 6(3)(a) of the Constitution and from the definition of "forced labour" given in section 2(1) of the Employment Act that the expression "forced labour" does not include any labour required in consequence of the sentence or order of a court. The Committee recalls that, according to Article 2(2)(c), work can only be exacted from a person as a consequence of a conviction in a court of law. It refers to the explanations in paragraph 94 of its 1979 General Survey on the abolition of forced labour, in which it pointed out that this provision aims at ensuring that penal labour will not be imposed unless the guarantees laid down in the general principles of law recognized by the community of nations are observed, such as the presumption of innocence, equality before the law, regularity and impartiality of proceedings, independence and impartiality of courts, guarantees necessary for defence, clear definition of the offence and non-retroactivity of penal law. The Committee requests the Government to clarify the meaning and the scope of an "order of a court" (as opposed to a sentence in criminal proceedings), under which the exaction of forced labour may be required, supplying sample copies of relevant orders, and to provide information on measures taken or envisaged to ensure the observance of the Convention on this point.

Article 2(2)(b) and (e). The Committee has noted from article 6(3)(e) of the Constitution and from the definition of "forced labour" given in section 2(1) of the Employment Act that the expression "forced labour" does not include any labour reasonably required as part of reasonable and normal communal or other civic obligations. Please describe such "normal communal and other civic obligations" and supply copies of relevant provisions.