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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 3 of the Convention. Clause (b). Worst forms of child labour. 
1. Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that most sexual offence provisions in the Penal Code refer only to girls, and that there do not appear to be any similar provisions protecting boys. The Committee requested the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution. The Committee noted the information in the “Discussion document on child labour in Botswana”, released by the Ministry of Social Security in conjunction with the ILO in 2006 (“child labour report”), that a rapid assessment on commercial sexual exploitation indicated that some boys, as well as girls, are involved in commercial sexual exploitation. The Committee recalled that under Article 3(b) of the Convention the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to indicate if measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution have been taken, and if not, to take such measures immediately.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously observed that section 178 of the Penal Code provides that a person who makes, produces, imports, conveys or possesses obscene pictures, photographs or films, for the purpose of trade or distribution, is guilty of an offence. The Committee observed however, that the provisions of the Penal Code do not appear to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. Noting the absence of information on this point in the Government’s report, the Committee reminded the Government that, by virtue of Article 3(b) of the Convention, such an activity is considered to be one of the worst forms of child labour and that under Article 1 of the Convention, each member State which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee again requests the Government to take the necessary measures to ensure that the use, procuring or offering of both boys and girls under 18 years of age, by anyone, for the production of pornography or for pornographic performances is prohibited. It also requests the Government to adopt provisions establishing appropriate penalties for this worst form of child labour.

Clause (c). Use, procuring or offering of a child for illicit activities in particular for the production and trafficking of drugs. In its previous comments, the Committee observed that the Drugs and Related Substances Act, 1992, regulates the manufacturing, import, export or distribution of drugs. However, it observed that no provisions prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee noted the information included with the Government’s report that there are instances of the use of children by adults to commit crimes in the Kgalagadi district and in major cities, where children are used for organized street crime, thefts from vehicles and breaking into homes. The Committee again recalled that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities are considered to be among the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of the relevant legislation.

Clause (d). Hazardous work. Self-employed workers. The Committee previously noted that by virtue of section 110(1) f the Employment Act (now section 108 (1)), children under 18 shall not be employed in any work which is harmful to their health or development, dangerous or immoral. However, the Committee observed that, by virtue of section 2 of the Employment Act, the scope of application of this Act is limited to persons working under an employment contract and domestic employees. Noting the lack of information on this point in the Government’s report, the Committee recalled that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a contract of employment or not, and whether it is remunerated or not. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of self-employed workers under 18 years of age against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4(1). Determination of hazardous work. The Committee noted previously, under the Minimum Age Convention, 1973 (No. 138), that pursuant to section 108 of the Employment Act, “the Commissioner may notify any employer in writing or, by notice published in the Gazette … 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, a young person is defined as anyone who has attained the age of 15 but is under 18 years of age. The Committee noted the information in the Government’s reports submitted under the Minimum Age Convention, 1973 (No. 138), that indicate that, as of 2007, the Commissioner had not yet determined the types of hazardous work prohibited to children under 18 years of age, although consultations with social partners on this issue were ongoing. In this regard, the Committee drew the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environments which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the commissioner will take into consideration the types of work enumerated in Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), in determining the types of work to be considered as hazardous. 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 5. Monitoring mechanisms. The Committee previously requested the Government to provide information on inspections carried out by the labour inspectorate regarding the worst forms of child labour. The Committee noted that the Government’s information in its report submitted to the Committee on the Rights of the Child (CRC) on 27 February 2004 that, at that time, the labour inspection form being used did not require the employer to specific the ages of employees (CRC/c/51/Add.9, paragraph 353). The Committee noted that Committee on the Rights of the Child (CRC), in its concluding observations of 3 November 2004, encouraged the Government to improve the system and quality of labour inspection in order to reduce the economic exploitation of children. The Committee requests the Government to provide information on the labour inspection form currently in use, and requests the Government to provide an example of this form. Further, the Committee again asks the Government to provide information on inspections carried out by the labour inspectorate regarding infringements of the national provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee took 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. The Committee noted the information in the Government’s report that the TECL project resulted in the drafting of a national action programme on the elimination of the worst forms of child labour (APEC) by the Ministry of Labour and Home Affairs, in broad consultation with other ministries and civil society. The Committee also noted the Government’s statement that the APEC was presented by the Programme Advisory Committee on Child Labour in February 2008 for submission to the Permanent Secretary in the Ministry of Labour and Home Affairs, to secure the necessary government approvals. The Committee further noted that the APEC included plans of action to address the current legislation and policy gaps as well as to create awareness and to disseminate information on child labour. Implementing the APEC will involve various programmes and procedures to address the withdrawal and rehabilitation of children in the worst forms of child labour, the enforcement of the relevant legislation, and the provision of training to relevant stakeholders and implementers, such as labour inspectors, police, social workers, youth officers, diversion service providers, legal representatives and magistrates. The Committee requests the Government to continue providing information on the implementation of the national action programme on the elimination of the worst forms of child labour, as well as results achieved.

Article 7(2). Time-bound and effective measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child victims of commercial sexual exploitation. The Committee noted the information in the Government’s report that there are recorded instances of commercial sexual exploitation of children at truck stops as well as around sheebeens (unlicensed drinking establishments), hotels and bars. The Committee also noted the Government’s statement that commercial sexual exploitation is generally linked to poverty, and that some children are introduced to exploitative sex work by members of their families. The Committee further noted the findings of a study in the child labour report in which 51 commercial sex workers in Gaborone were interviewed. The study indicated that half of those interviewed were aged
15–24 years and a quarter of these girls were aged 12–14 years. Most of these young girls had been recruited into this work by friends or immediate family members at ages as young as 9 years old. In addition, the Committee noted that the CRC, in its concluding observations of 3 November 2004, expressed concern at the increasing incidence of the commercial sexual exploitation of children, and encouraged the Government to prioritize recovery assistance and to ensure that education and training as well as psychosocial assistance and counselling are provided to victims (CRC/C/15/Add.242, paragraph 59). The Committee expresses concern at reports of the commercial sexual exploitation of children and requests the Government to provide information on the measures taken, in the context of the national plan on the elimination of the worst forms of child labour, to provide the necessary and appropriate direct assistance for the removal of child victims of commercial sexual exploitation and to ensure their rehabilitation and social integration.

Clause (c). Access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee noted the Government’s statement that the Botswana National Youth Council is spearheading a reducing child labour in Southern Africa (RECLISA) project, in Gaborone and Gatsi, which enables out-of-school children who are at risk of, or already involved in, detrimental work, to access education. The Committee noted that this has resulted in the enrolment of 943 street and farm children into primary and secondary schools, including the provision of uniforms for 615 children. The Committee requests the Government to continue providing information on these and other effective and time-bound measures to provide educational opportunities for children removed from the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans and other vulnerable children. The Committee noted the Government’s information in its report submitted to the Human Rights Council on 5 September 2008 that a significant share of the Government’s budget has been allocated to the National Aids Coordinating Agency, which is mandated to coordinate the overall response to the epidemic, and that the Government undertook a National Strategic Framework (NSF) for HIV/AIDS (2003–09). The Committee also noted the information in this report that the National Strategic Framework II (2009–16) has been developed (A/HRC/WG.6/3/BWA/1, paragraphs 109–110). The Committee further noted that Phase II of the ILO–TECL project will focus on HIV/AIDS by supporting and monitoring the implementation of national plans of action in three core countries in southern Africa, including Botswana.

The Committee noted the information in the Government’s report entitled “2008 progress report of the national response to the UNGASS Declaration of Commitment on HIV/AIDS” issued in February 2008, that there is a national orphan care programme that provides food baskets and psychological counselling to orphans, and facilitates the waiving of their school fees. By March 2007, 53,395 orphans had been registered in this programme. While the Committee welcomed these measures, it noted with concern that many children are not reached through this programme. According to UNAIDS data, there are approximately 95,000 orphans aged 0–17 in Botswana due to AIDS-related deaths. The Committee also noted the information in the child labour report which indicates that, while school attendance rates of these children remain very similar to non-orphans, some of these children are engaged in child labour, including commercial sexual exploitation to meet their needs for housing and survival. Recalling that children orphaned by HIV/AIDS and other vulnerable children are at increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to redouble its efforts to ensure that children orphaned by HIV/AIDS and other vulnerable children are prevented from being engaged in the worst forms of child labour. It requests the Government to provide information on the results obtained.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted the information in the Government’s report that an estimated 9 per cent of children aged 7–17 (38,375 children) are engaged in economic activity, and that 80 per cent of these children are engaged in hazardous forms of work. The Committee also noted the information in the Government’s report that indicates that there is an emerging problem with the movement of children between relatives, especially orphans, for the purpose of exploitative domestic labour. The Committee expresses its concern at the situation and encourages the Government to redouble its efforts to ensure in practice the protection of young persons under 18 years of age against the worst forms of child labour, particularly hazardous work and exploitative domestic labour. In addition, the Committee asks the Government to continue to provide information on the worst forms of child labour, including for example, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions.

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Article 3 of the Convention. Clause (b). Worst forms of child labour. 
1. Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that most sexual offence provisions in the Penal Code refer only to girls, and that there do not appear to be any similar provisions protecting boys. The Committee requested the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution. The Committee notes the information in the “Discussion document on child labour in Botswana”, released by the Ministry of Social Security in conjunction with the ILO in 2006 (“child labour report”), that a rapid assessment on commercial sexual exploitation indicated that some boys, as well as girls, are involved in commercial sexual exploitation. The Committee recalls that under Article 3(b) of the Convention the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to indicate if measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution have been taken, and if not, to take such measures immediately.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously observed that section 178 of the Penal Code provides that a person who makes, produces, imports, conveys or possesses obscene pictures, photographs or films, for the purpose of trade or distribution, is guilty of an offence. The Committee observed however, that the provisions of the Penal Code do not appear to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. Noting the absence of information on this point in the Government’s report, the Committee reminds the Government that, by virtue of Article 3(b) of the Convention, such an activity is considered to be one of the worst forms of child labour and that under Article 1 of the Convention, each member State which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee again requests the Government to take the necessary measures to ensure that the use, procuring or offering of both boys and girls under 18 years of age, by anyone, for the production of pornography or for pornographic performances is prohibited. It also requests the Government to adopt provisions establishing appropriate penalties for this worst form of child labour.

Clause (c). Use, procuring or offering of a child for illicit activities in particular for the production and trafficking of drugs. In its previous comments, the Committee observed that the Drugs and Related Substances Act, 1992, regulates the manufacturing, import, export or distribution of drugs. However, it observed that no provisions prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes the information included with the Government’s report that there are instances of the use of children by adults to commit crimes in the Kgalagadi district and in major cities, where children are used for organized street crime, thefts from vehicles and breaking into homes. The Committee again recalls that, by virtue of Article 3(c) of the Convention, the use, procuring or offering of a child for illicit activities are considered to be among the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of the relevant legislation.

Clause (d). Hazardous work. Self-employed workers. The Committee previously noted that by virtue of section 110(1) f the Employment Act (now section 108 (1)), children under 18 shall not be employed in any work which is harmful to their health or development, dangerous or immoral. However, the Committee observed that, by virtue of section 2 of the Employment Act, the scope of application of this Act is limited to persons working under an employment contract and domestic employees. Noting the lack of information on this point in the Government’s report, the Committee recalls that the Convention applies to all branches of economic activity and that it covers all types of employment or work, whether under a contract of employment or not, and whether it is remunerated or not. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of self-employed workers under 18 years of age against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee noted previously, under the Minimum Age Convention, 1973 (No. 138), that pursuant to section 108 of the Employment Act, “the Commissioner may notify any employer in writing or, by notice published in the Gazette … 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, a young person is defined as anyone who has attained the age of 15 but is under 18 years of age. The Committee notes the information in the Government’s reports submitted under the Minimum Age Convention, 1973 (No. 138), that indicate that, as of 2007, the Commissioner had not yet determined the types of hazardous work prohibited to children under 18 years of age, although consultations with social partners on this issue were ongoing. In this regard, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environments which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the commissioner will take into consideration the types of work enumerated in Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), in determining the types of work to be considered as hazardous. 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 5. Monitoring mechanisms. The Committee previously requested the Government to provide information on inspections carried out by the labour inspectorate regarding the worst forms of child labour. The Committee notes that the Government’s information in its report submitted to the Committee on the Rights of the Child (CRC) on 27 February 2004 that, at that time, the labour inspection form being used did not require the employer to specific the ages of employees (CRC/c/51/Add.9, paragraph 353). The Committee notes that Committee on the Rights of the Child (CRC), in its concluding observations of 3 November 2004, encouraged the Government to improve the system and quality of labour inspection in order to reduce the economic exploitation of children. The Committee requests the Government to provide information on the labour inspection form currently in use, and requests the Government to provide an example of this form. Further, the Committee again asks the Government to provide information on inspections carried out by the labour inspectorate regarding infringements of the national provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms 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. The Committee notes the information in the Government’s report that the TECL project resulted in the drafting of a national action programme on the elimination of the worst forms of child labour (APEC) by the Ministry of Labour and Home Affairs, in broad consultation with other ministries and civil society. The Committee also notes the Government’s statement that the APEC was presented by the Programme Advisory Committee on Child Labour in February 2008 for submission to the Permanent Secretary in the Ministry of Labour and Home Affairs, to secure the necessary government approvals. The Committee further notes that the APEC included plans of action to address the current legislation and policy gaps as well as to create awareness and to disseminate information on child labour. Implementing the APEC will involve various programmes and procedures to address the withdrawal and rehabilitation of children in the worst forms of child labour, the enforcement of the relevant legislation, and the provision of training to relevant stakeholders and implementers, such as labour inspectors, police, social workers, youth officers, diversion service providers, legal representatives and magistrates. The Committee requests the Government to continue providing information on the implementation of the national action programme on the elimination of the worst forms of child labour, as well as results achieved.

Article 7, paragraph 2. Time-bound and effective measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child victims of commercial sexual exploitation. The Committee notes the information in the Government’s report that there are recorded instances of commercial sexual exploitation of children at truck stops as well as around sheebeens (unlicensed drinking establishments), hotels and bars. The Committee also notes the Government’s statement that commercial sexual exploitation is generally linked to poverty, and that some children are introduced to exploitative sex work by members of their families. The Committee further notes the findings of a study in the child labour report in which 51 commercial sex workers in Gaborone were interviewed. The study indicated that half of those interviewed were aged 15–24 years and a quarter of these girls were aged 12–14 years. Most of these young girls had been recruited into this work by friends or immediate family members at ages as young as 9 years old. In addition, the Committee notes that the CRC, in its concluding observations of 3 November 2004, expressed concern at the increasing incidence of the commercial sexual exploitation of children, and encouraged the Government to prioritize recovery assistance and to ensure that education and training as well as psychosocial assistance and counselling are provided to victims (CRC/C/15/Add.242, paragraph 59). The Committee expresses concern at reports of the commercial sexual exploitation of children and requests the Government to provide information on the measures taken, in the context of the national plan on the elimination of the worst forms of child labour, to provide the necessary and appropriate direct assistance for the removal of child victims of commercial sexual exploitation and to ensure their rehabilitation and social integration.

Clause (c). Access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee notes the Government’s statement that the Botswana National Youth Council is spearheading a reducing child labour in Southern Africa (RECLISA) project, in Gaborone and Gatsi, which enables out-of-school children who are at risk of, or already involved in, detrimental work, to access education. The Committee notes that this has resulted in the enrolment of 943 street and farm children into primary and secondary schools, including the provision of uniforms for 615 children. The Committee requests the Government to continue providing information on these and other effective and time-bound measures to provide educational opportunities for children removed from the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans and other vulnerable children. The Committee notes the Government’s information in its report submitted to the Human Rights Council on 5 September 2008 that a significant share of the Government’s budget has been allocated to the National Aids Coordinating Agency, which is mandated to coordinate the overall response to the epidemic, and that the Government undertook a National Strategic Framework (NSF) for HIV/AIDS (2003–09). The Committee also notes the information in this report that the National Strategic Framework II (2009–16) has been developed (A/HRC/WG.6/3/BWA/1, paragraphs 109–110). The Committee further notes that Phase II of the
ILO–TECL project will focus on HIV/AIDS by supporting and monitoring the implementation of national plans of action in three core countries in southern Africa, including Botswana.

The Committee notes the information in the Government’s report entitled “2008 progress report of the national response to the UNGASS Declaration of Commitment on HIV/AIDS” issued in February 2008, that there is a national orphan care programme that provides food baskets and psychological counselling to orphans, and facilitates the waiving of their school fees. By March 2007, 53,395 orphans had been registered in this programme. While the Committee welcomes these measures, it notes with concern that many children are not reached through this programme. According to UNAIDS data, there are approximately 95,000 orphans aged 0–17 in Botswana due to AIDS-related deaths. The Committee also notes the information in the child labour report which indicates that, while school attendance rates of these children remain very similar to non-orphans, some of these children are engaged in child labour, including commercial sexual exploitation to meet their needs for housing and survival. Recalling that children orphaned by HIV/AIDS and other vulnerable children are at increased risk of being engaged in the worst forms of child labour, the Committee requests the Government to redouble its efforts to ensure that children orphaned by HIV/AIDS and other vulnerable children are prevented from being engaged in the worst forms of child labour. It requests the Government to provide information on the results obtained.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the information in the Government’s report that an estimated 9 per cent of children aged 7–17 (38,375 children) are engaged in economic activity, and that 80 per cent of these children are engaged in hazardous forms of work. The Committee also notes the information in the Government’s report that indicates that there is an emerging problem with the movement of children between relatives, especially orphans, for the purpose of exploitative domestic labour. The Committee expresses its concern at the situation and encourages the Government to redouble its efforts to ensure in practice the protection of young persons under 18 years of age against the worst forms of child labour, particularly hazardous work and exploitative domestic labour. In addition, the Committee asks the Government to continue to provide information on the worst forms of child labour, including for example, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions.

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The Committee notes with regret that for the fourth consecutive year, 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 3 of the Convention. Worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted that, under section 149(b) of the Penal Code, it is an offence to procure or attempt to procure a girl or a woman under the age of 21 years to become a prostitute either in the country or elsewhere. Pursuant to section 149(d) of the Penal Code, it is an offence to procure or attempt to procure a woman or a girl to leave her usual place of abode in Botswana with the intent that she may, for the purposes of prostitution, become an inmate of or frequent brothels in Botswana or elsewhere. The Committee also noted that section 153(b) of the Penal Code provides that a person who detains any woman or girl against her will in a brothel, is guilty of an offence. Section 158 of the Penal Code further states that any person who keeps or manages or assists in the management of a brothel is guilty of an offence. The Committee noted that most of the sexual offences provisions in the Penal Code refer to girls, and there do not appear to be any similar provisions protecting boys. The Committee recalled that under Article 3(b) of the Convention the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee noted the absence of information in the Government’s report on this point. The Committee observed that section 178 of the Penal Code provides that a person who makes, produces, imports, conveys or possesses obscene pictures, photographs, films, for the purpose of trade or distribution, is guilty of an offence. The Committee observed however, that the provisions of the Penal Code do not appear to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminded the Government that, by virtue of Article 3(b) of the Convention, such an activity is considered to be one of the worst forms of child labour and that under Article 1 of the Convention, each member State which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of both boys and girls under 18 years of age, by anyone, for the production of pornography or for pornographic performances is prohibited, as well as applicable penalties.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted the absence of information in the Government’s report on this issue. The Committee observed that the Drugs and Related Substances Act, 1992 regulates the manufacturing, import, export or distribution of drugs. However, it observed that no provisions prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee recalled that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

Clause (d). Hazardous work.  Self-employed workers. The Committee noted that by virtue of section 110(1) of the Employment Act, children under 18 shall not be employed on any work which is harmful to their health or development, dangerous or immoral. However, the Committee observed that, by virtue of section 2 of the Employment Act, the scope of application of this Act is limited to persons working under an employment contract and domestic employees. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of self-employed workers under 18 years of age against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee observed that section 110(2) of the Employment Act states that 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/her health and development, dangerous, immoral or otherwise unsuitable, and every employer who is so notified shall immediately cease to employ the young person concerned. The Committee also noted the Government’s statement that the types of hazardous work have not been determined yet. The Committee drew the attention of the Government to Article 4, paragraph 1, of the Convention, which provides that the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee also drew the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests the Government to take the necessary measures to determine the types of work to be considered as hazardous in consultation with the organizations of employers and workers concerned, in conformity with Article 4, paragraph 1, of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee requests the Government to inform it of any developments in this regard.

Article 5. Monitoring mechanisms. The Committee noted the Government’s indication, that the labour inspectorate will monitor the implementation of the provisions giving effect to this Convention. The Government also stated that the organizations of employers and workers were consulted within the tripartite Labour Advisory Board on the establishment of monitoring mechanisms, as provided under section 149 of the Employment Act. The Committee noted that by virtue of section 11 of the Employment Act, the Commissioner or labour officer may enter, inspect and examine any land, building, place where or about which an employee is housed or employed. He/she may question any employer or employee or other person, copy documents or records in possession of an employer regarding matters connected with this Act. The Committee also noted that, by virtue of section 11(4) of the Act, the Commissioner may prohibit the engagement of employees at any place where he/she is satisfied that the conditions therein do not comply with the Act. The Committee asks the Government to provide information on inspections carried out by the labour inspectorate regarding infringements of the national provisions giving effect to the Convention. It also asks the Government to supply copies of reports of the labour inspectorate.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee noted the Government’s statement, that no programmes of action to eliminate the worst forms of child labour have been designed as yet. The Committee reminded the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to urgently design and adopt the necessary programmes of action, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Botswana.

Article 7, paragraph 2. Time-bound and effective measures. The Committee took note of the Government’s indications on the absence of time-bound and effective measures: (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (c) ensuring access to free basic education; and (e) taking into account the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(b), (c) and (e) of the Convention. It also asks the Government to provide a copy of the legislative measures regulating basic education.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee observed that, according to the Ministry of Education’s annual report on education of 1999, the 1994 Revised National Policy on Education improved access to education at the primary level. Indeed in 1993, 85 per cent of children aged 6 to 12 enrolled in primary education. In 1999, this enrolment rate increased to 89 per cent. For children aged 7 to 13 years the enrolment rate was 95 per cent in 1993 and reached 99.5 per cent in 1999. However, the Committee noted that, according to the abovementioned report, approximately 87 per cent of pupils in primary education dropped out of school in 1999. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that children enrolled in primary education do not drop out of school.

Clause (d). Identifying and reaching out to children at special risk. The Committee noted that according to the United Nations Development Programme (UNDP), HIV prevalence rate is 36 per cent for persons aged between 15 and 49 years old. By 2010, 20 per cent of all children are projected to be orphans. It took due note that the Government and UNDP signed the HIV/AIDS Programme Support Document in June 1997. The programme was later evaluated in 1999 and extended for completion in 2002. The Committee observes that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour. The Committee requests the Government to provide information on measures envisaged or taken to address the situation of these children.

Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

CMNT_TITLE

The Committee notes with regret that for the third consecutive year 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 3 of the Convention. Worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted that, under section 149(b) of the Penal Code, it is an offence to procure or attempt to procure a girl or a woman under the age of 21 years to become a prostitute either in the country or elsewhere. Pursuant to section 149(d) of the Penal Code, it is an offence to procure or attempt to procure a woman or a girl to leave her usual place of abode in Botswana with the intent that she may, for the purposes of prostitution, become an inmate of or frequent brothels in Botswana or elsewhere. The Committee also noted that section 153(b) of the Penal Code provides that a person who detains any woman or girl against her will in a brothel, is guilty of an offence. Section 158 of the Penal Code further states that any person who keeps or manages or assists in the management of a brothel is guilty of an offence. The Committee noted that most of the sexual offences provisions in the Penal Code refer to girls, and there do not appear to be any similar provisions protecting boys. The Committee recalled that under Article 3(b) of the Convention the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee noted the absence of information in the Government’s report on this point. The Committee observed that section 178 of the Penal Code provides that a person who makes, produces, imports, conveys or possesses obscene pictures, photographs, films, for the purpose of trade or distribution, is guilty of an offence. The Committee observed however, that the provisions of the Penal Code do not appear to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminded the Government that, by virtue of Article 3(b) of the Convention, such an activity is considered to be one of the worst forms of child labour and that under Article 1 of the Convention, each member State which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of both boys and girls under 18 years of age, by anyone, for the production of pornography or for pornographic performances is prohibited, as well as applicable penalties.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee noted the absence of information in the Government’s report on this issue. The Committee observed that the Drugs and Related Substances Act, 1992 regulates the manufacturing, import, export or distribution of drugs. However, it observed that no provisions prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee recalled that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

Clause (d). Hazardous work.  Self-employed workers. The Committee noted that by virtue of section 110(1) of the Employment Act, children under 18 shall not be employed on any work which is harmful to their health or development, dangerous or immoral. However, the Committee observed that, by virtue of section 2 of the Employment Act, the scope of application of this Act is limited to persons working under an employment contract and domestic employees. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of self-employed workers under 18 years of age against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee observed that section 110(2) of the Employment Act states that 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/her health and development, dangerous, immoral or otherwise unsuitable, and every employer who is so notified shall immediately cease to employ the young person concerned. The Committee also noted the Government’s statement that the types of hazardous work have not been determined yet. The Committee drew the attention of the Government to Article 4, paragraph 1, of the Convention, which provides that the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee also drew the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests the Government to take the necessary measures to determine the types of work to be considered as hazardous in consultation with the organizations of employers and workers concerned, in conformity with Article 4, paragraph 1, of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee requests the Government to inform it of any developments in this regard.

Article 5. Monitoring mechanisms. The Committee noted the Government’s indication, that the labour inspectorate will monitor the implementation of the provisions giving effect to this Convention. The Government also stated that the organizations of employers and workers were consulted within the tripartite Labour Advisory Board on the establishment of monitoring mechanisms, as provided under section 149 of the Employment Act. The Committee noted that by virtue of section 11 of the Employment Act, the Commissioner or labour officer may enter, inspect and examine any land, building, place where or about which an employee is housed or employed. He/she may question any employer or employee or other person, copy documents or records in possession of an employer regarding matters connected with this Act. The Committee also noted that, by virtue of section 11(4) of the Act, the Commissioner may prohibit the engagement of employees at any place where he/she is satisfied that the conditions therein do not comply with the Act. The Committee asks the Government to provide information on inspections carried out by the labour inspectorate regarding infringements of the national provisions giving effect to the Convention. It also asks the Government to supply copies of reports of the labour inspectorate.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee noted the Government’s statement, that no programmes of action to eliminate the worst forms of child labour have been designed as yet. The Committee reminded the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to urgently design and adopt the necessary programmes of action, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Botswana.

Article 7, paragraph 2. Time-bound and effective measures. The Committee took note of the Government’s indications on the absence of time-bound and effective measures: (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (c) ensuring access to free basic education; and (e) taking into account the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(b), (c) and (e) of the Convention. It also asks the Government to provide a copy of the legislative measures regulating basic education.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee observed that, according to the Ministry of Education’s annual report on education of 1999, the 1994 Revised National Policy on Education improved access to education at the primary level. Indeed in 1993, 85 per cent of children aged 6 to 12 enrolled in primary education. In 1999, this enrolment rate increased to 89 per cent. For children aged 7 to 13 years the enrolment rate was 95 per cent in 1993 and reached 99.5 per cent in 1999. However, the Committee noted that, according to the abovementioned report, approximately 87 per cent of pupils in primary education dropped out of school in 1999. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that children enrolled in primary education do not drop out of school.

Clause (d). Identifying and reaching out to children at special risk. The Committee noted that according to the United Nations Development Programme (UNDP), HIV prevalence rate is 36 per cent for persons aged between 15 and 49 years old. By 2010, 20 per cent of all children are projected to be orphans. It took due note that the Government and UNDP signed the HIV/AIDS Programme Support Document in June 1997. The programme was later evaluated in 1999 and extended for completion in 2002. The Committee observes that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour. The Committee requests the Government to provide information on measures envisaged or taken to address the situation of these children.

Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

CMNT_TITLE

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 3 of the Convention. Worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that, under section 149(b) of the Penal Code, it is an offence to procure or attempt to procure a girl or a woman under the age of 21 years to become a prostitute either in the country or elsewhere. Pursuant to section 149(d) of the Penal Code, it is an offence to procure or attempt to procure a woman or a girl to leave her usual place of abode in Botswana with the intent that she may, for the purposes of prostitution, become an inmate of or frequent brothels in Botswana or elsewhere. The Committee also notes that section 153(b) of the Penal Code provides that a person who detains any woman or girl against her will in a brothel, is guilty of an offence. Section 158 of the Penal Code further states that any person who keeps or manages or assists in the management of a brothel is guilty of an offence. The Committee notes that most of the sexual offences provisions in the Penal Code refer to girls, and there do not appear to be any similar provisions protecting boys. The Committee recalls that under Article 3(b) of the Convention the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report on this point. The Committee observes that section 178 of the Penal Code provides that a person who makes, produces, imports, conveys or possesses obscene pictures, photographs, films, for the purpose of trade or distribution, is guilty of an offence. The Committee observes however, that the provisions of the Penal Code do not appear to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, such an activity is considered to be one of the worst forms of child labour and that under Article 1 of the Convention, each member State which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of both boys and girls under 18 years of age, by anyone, for the production of pornography or for pornographic performances is prohibited, as well as applicable penalties.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the absence of information in the Government’s report on this issue. The Committee observes that the Drugs and Related Substances Act, 1992 regulates the manufacturing, import, export or distribution of drugs. However, it observes that no provisions prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee recalls that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

Clause (d). Hazardous work.  Self-employed workers. The Committee notes that by virtue of section 110(1) of the Employment Act, children under 18 shall not be employed on any work which is harmful to their health or development, dangerous or immoral. However, the Committee observes that, by virtue of section 2 of the Employment Act, the scope of application of this Act is limited to persons working under an employment contract and domestic employees. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of self-employed workers under 18 years of age against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee observes that section 110(2) of the Employment Act states that 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/her health and development, dangerous, immoral or otherwise unsuitable, and every employer who is so notified shall immediately cease to employ the young person concerned. The Committee also notes the Government’s statement that the types of hazardous work have not been determined yet. The Committee draws the attention of the Government to Article 4, paragraph 1, of the Convention, which provides that the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee also draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests the Government to take the necessary measures to determine the types of work to be considered as hazardous in consultation with the organizations of employers and workers concerned, in conformity with Article 4, paragraph 1, of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee requests the Government to inform it of any developments in this regard.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication, in its report, that the labour inspectorate will monitor the implementation of the provisions giving effect to this Convention. The Government also states that the organizations of employers and workers were consulted within the tripartite Labour Advisory Board on the establishment of monitoring mechanisms, as provided under section 149 of the Employment Act. The Committee notes that by virtue of section 11 of the Employment Act, the Commissioner or labour officer may enter, inspect and examine any land, building, place where or about which an employee is housed or employed. He/she may question any employer or employee or other person, copy documents or records in possession of an employer regarding matters connected with this Act. The Committee also notes that, by virtue of section 11(4) of the Act, the Commissioner may prohibit the engagement of employees at any place where he/she is satisfied that the conditions therein do not comply with the Act. The Committee asks the Government to provide information on inspections carried out by the labour inspectorate regarding infringements of the national provisions giving effect to the Convention. It also asks the Government to supply copies of reports of the labour inspectorate.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement, in its report, that no programmes of action to eliminate the worst forms of child labour have been designed as yet. The Committee reminds the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to urgently design and adopt the necessary programmes of action, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Botswana.

Article 7, paragraph 2. Time-bound and effective measures. The Committee takes note of the Government’s indications on the absence of time-bound and effective measures: (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (c) ensuring access to free basic education; and (e) taking into account the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(b), (c) and (e) of the Convention. It also asks the Government to provide a copy of the legislative measures regulating basic education.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee observes that, according to the Ministry of Education’s annual report on education of 1999, the 1994 Revised National Policy on Education improved access to education at the primary level. Indeed in 1993, 85 per cent of children aged 6 to 12 enrolled in primary education. In 1999, this enrolment rate increased to 89 per cent. For children aged 7 to 13 years the enrolment rate was 95 per cent in 1993 and reached 99.5 per cent in 1999. However, the Committee notes that, according to the abovementioned report, approximately 87 per cent of pupils in primary education dropped out of school in 1999. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that children enrolled in primary education do not drop out of school.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that according to the United Nations Development Programme (UNDP), HIV prevalence rate is 36 per cent for persons aged between 15 and 49 years old. By 2010, 20 per cent of all children are projected to be orphans. It takes due note that the Government and UNDP signed the HIV/AIDS Programme Support Document in June 1997. The programme was later evaluated in 1999 and extended for completion in 2002. The Committee observes that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour. The Committee requests the Government to provide information on measures envisaged or taken to address the situation of these children.

Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

CMNT_TITLE

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 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Slavery, sale and trafficking of children and forced or compulsory labour. The Committee notes that article 6, paragraphs (1) and (2), of the Constitution provide that no person shall be held in slavery or servitude and prohibit forced labour. Regarding slavery, the Committee observes that under section 260 of the Penal Code, anyone who detains a person, as a slave against his/her will is guilty of an offence. Section 261 of the Penal Code also states that anyone who buys, sells, or disposes of a person as a slave, or who traffics or deals in slaves is guilty of an offence. The Committee also notes that, by virtue of section 256 of the Penal Code, anyone who kidnaps or abducts a person to subject him/her to grievous harm, or slavery or to the unnatural lust of any person, is guilty of an offence. The Committee observes that section 250 of the Penal Code defines a kidnapper as a person who conveys any person beyond the limits of Botswana without the consent of that person, or without the consent of some person legally authorized to consent on behalf of that person. According to section 252 of the Penal Code, abduction means any person who by force compels, or by any deceitful means induces, a person from any place. The Committee further observes that section 71 of the Employment Act, 1982, states that any person who exacts or imposes forced labour or causes or permits forced labour to be exacted or imposed for his/her benefit or for the benefit of any other persons shall be punished by a fine of 2,000 pula and to imprisonment for 18 months. It also notes that under section 262 of the Penal Code, any person who unlawfully compels any person to labour against the will of that person is guilty of an offence. The Committee however notes that none of these provisions specifically apply to children. The Committee accordingly asks the Government to provide information on the practical application of the abovementioned provisions which prohibit slavery, the sale and trafficking of persons, and forced or compulsory labour, to children under 18 years of age.

2. Compulsory recruitment of children in armed conflict. The Committee notes the absence of information in the Government’s report on this point. However, it notes that recruitment in the Botswana Defence Force is on a voluntary basis and that the minimum age for voluntary recruitment into the armed forces is 18. The Committee requests the Government to provide a copy of the Botswana Defence Forces Act of 15 April 1977 and of any other relevant legislation.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that, under section 149(b) of the Penal Code, it is an offence to procure or attempt to procure a girl or a woman under the age of 21 years to become a prostitute either in the country or elsewhere. Pursuant to section 149(d) of the Penal Code, it is an offence to procure or attempt to procure a woman or a girl to leave her usual place of abode in Botswana with the intent that she may, for the purposes of prostitution, become an inmate of or frequent brothels in Botswana or elsewhere. The Committee also notes that section 153(b) of the Penal Code provides that a person who detains any woman or girl against her will in a brothel, is guilty of an offence. Section 158 of the Penal Code further states that any person who keeps or manages or assists in the management of a brothel is guilty of an offence. The Committee notes that most of the sexual offences provisions in the Penal Code refer to girls, and there do not appear to be any similar provisions protecting boys. The Committee recalls that under Article 3(b) of the Convention the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution.

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report on this point. The Committee observes that section 178 of the Penal Code provides that a person who makes, produces, imports, conveys or possesses obscene pictures, photographs, films, for the purpose of trade or distribution, is guilty of an offence. The Committee observes however, that the provisions of the Penal Code do not appear to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, such an activity is considered to be one of the worst forms of child labour and that under Article 1 of the Convention, each member State which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of both boys and girls under 18 years of age, by anyone, for the production of pornography or for pornographic performances is prohibited, as well as applicable penalties.

Clause (c). The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the absence of information in the Government’s report on this issue. The Committee observes that the Drugs and Related Substances Act, 1992 regulates the manufacturing, import, export or distribution of drugs. However, it observes that no provisions prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee recalls that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

Clause (d). 1. Hazardous work. The Committee notes that section 110(1) of the Employment Act, 1982 states that no young persons shall be employed in any work which is harmful to his/her health and development, dangerous or immoral. Section 2(1) of the Employment Act defines a young person as anyone who has attained the age of 15 but is under 18 years of age. The Committee also notes that underground and night works are prohibited for young persons by virtue of sections 108 and 109 of the Employment Act.

2. Self-employed workers. The Committee notes that by virtue of section 110(1) of the Employment Act, children under 18 shall not be employed on any work which is harmful to their health or development, dangerous or immoral. However, the Committee observes that, by virtue of section 2 of the Employment Act, the scope of application of this Act is limited to persons working under an employment contract and domestic employees. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of self-employed workers under 18 years of age against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee observes that section 110(2) of the Employment Act states that 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/her health and development, dangerous, immoral or otherwise unsuitable, and every employer who is so notified shall immediately cease to employ the young person concerned. The Committee also notes the Government’s statement that the types of hazardous work have not been determined yet. The Committee draws the attention of the Government to Article 4, paragraph 1, of the Convention, which provides that the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee also draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests the Government to take the necessary measures to determine the types of work to be considered as hazardous in consultation with the organizations of employers and workers concerned, in conformity with Article 4, paragraph 1, of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee requests the Government to inform it of any developments in this regard.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee draws the attention of the Government to Article 4, paragraph 2, of the Convention, which requires the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken or envisaged to identify where hazardous work exists, in consultation with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication, in its report, that the labour inspectorate will monitor the implementation of the provisions giving effect to this Convention. The Government also states that the organizations of employers and workers were consulted within the tripartite Labour Advisory Board on the establishment of monitoring mechanisms, as provided under section 149 of the Employment Act. The Committee notes that by virtue of section 11 of the Employment Act, the Commissioner or labour officer may enter, inspect and examine any land, building, place where or about which an employee is housed or employed. He/she may question any employer or employee or other person, copy documents or records in possession of an employer regarding matters connected with this Act. The Committee also notes that, by virtue of section 11(4) of the Act, the Commissioner may prohibit the engagement of employees at any place where he/she is satisfied that the conditions therein do not comply with the Act. The Committee asks the Government to provide information on inspections carried out by the labour inspectorate regarding infringements of the national provisions giving effect to the Convention. It also asks the Government to supply copies of reports of the labour inspectorate.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement, in its report, that no programmes of action to eliminate the worst forms of child labour have been designed as yet. The Committee reminds the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to urgently design and adopt the necessary programmes of action, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Botswana.

Article 7, paragraph 1. Penalties. The Committee takes note of the absence of information in the Government’s report on the penalties applicable for violations of provisions giving effect to the Convention. The Committee notes however, that the Employment Act, 1982 and the Penal Code provide for penalties in case of violations of its provisions. For instance, section 260 of the Penal Code states that anyone who detains a person as a slave, is liable to imprisonment for a term not exceeding five years. According to section 261 of the Penal Code anyone who buys, sells or disposes of a person as a slave, or who traffics or deals in slaves, is liable to imprisonment for a term not exceeding seven years. The Committee also observes that by virtue of sections 71 and 172(d) of the Employment Act, a person who exacts, imposes or permits forced labour is punishable by a fine of 2,000 pula (approximately US$420) and imprisonment for 18 months; he/she is also criminally responsible under section 262 of the Penal Code. It also notes that the procurement of a girl under 21 to become a prostitute in Botswana or elsewhere or to work in a brothel is punished by imprisonment for a term not exceeding two years and/or with a fine (sections 33 and 149 of the Penal Code). Moreover, anyone who employs a young person at night (in contravention of section 109 of the Employment Act) or in any work that is harmful to their health and development, dangerous or immoral (as prohibited under section 110(1) of the Employment Act) is liable to a fine of 1,000 pula and to imprisonment for six months (section 172(b) of the Employment Act). Anyone who employs a young person for night work or for underground work is liable to a fine of 1,500 pula and to imprisonment for 12 months (section 172(c) of the Employment Act). The Committee requests the Government to provide information on the practical application of the penalties laid down in the Employment Act, 1982 and in the Penal Code.

Article 7, paragraph 2. Time-bound and effective measures. The Committee takes note of the Government’s indications on the absence of time-bound and effective measures: (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (c) ensuring access to free basic education; and (e) taking into account the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(b), (c) and (e) of the Convention. It also asks the Government to provide a copy of the legislative measures regulating basic education.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee observes that, according to the Ministry of Education’s annual report on education of 1999, the 1994 Revised National Policy on Education improved access to education at the primary level. Indeed in 1993, 85 per cent of children aged 6 to 12 enrolled in primary education. In 1999, this enrolment rate increased to 89 per cent. For children aged 7 to 13 years the enrolment rate was 95 per cent in 1993 and reached 99.5 per cent in 1999. However, the Committee notes that, according to the abovementioned report, approximately 87 per cent of pupils in primary education dropped out of school in 1999. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that children enrolled in primary education do not drop out of school.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that according to the United Nations Development Programme (UNDP), HIV prevalence rate is 36 per cent for persons aged between 15 and 49 years old. By 2010, 20 per cent of all children are projected to be orphans. It takes due note that the Government and UNDP signed the HIV/AIDS Programme Support Document in June 1997. The programme was later evaluated in 1999 and extended for completion in 2002. The Committee observes that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour. The Committee requests the Government to provide information on measures envisaged or taken to address the situation of these children.

Article 8. The Committee notes that Botswana is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Committee asks the Government to indicate any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part III of the report form. The Committee notes the Government’s indication that courts of law have not yet given decisions involving questions of principle relating to the application of the Convention. It asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part IV. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in Botswana, including any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed actions against the worst forms of child labour.

Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

CMNT_TITLE

The Committee takes note of the Government’s succinct first report, and requests it to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Slavery, sale and trafficking of children and forced or compulsory labour. The Committee notes that article 6, paragraphs (1) and (2), of the Constitution provide that no person shall be held in slavery or servitude and prohibit forced labour. Regarding slavery, the Committee observes that under section 260 of the Penal Code, anyone who detains a person, as a slave against his/her will is guilty of an offence. Section 261 of the Penal Code also states that anyone who buys, sells, or disposes of a person as a slave, or who traffics or deals in slaves is guilty of an offence. The Committee also notes that, by virtue of section 256 of the Penal Code, anyone who kidnaps or abducts a person to subject him/her to grievous harm, or slavery or to the unnatural lust of any person, is guilty of an offence. The Committee observes that section 250 of the Penal Code defines a kidnapper as a person who conveys any person beyond the limits of Botswana without the consent of that person, or without the consent of some person legally authorized to consent on behalf of that person. According to section 252 of the Penal Code, abduction means any person who by force compels, or by any deceitful means induces, a person from any place. The Committee further observes that section 71 of the Employment Act, 1982, states that any person who exacts or imposes forced labour or causes or permits forced labour to be exacted or imposed for his/her benefit or for the benefit of any other persons shall be punished by a fine of 2,000 pula and to imprisonment for 18 months. It also notes that under section 262 of the Penal Code, any person who unlawfully compels any person to labour against the will of that person is guilty of an offence. The Committee however notes that none of these provisions specifically apply to children. The Committee accordingly asks the Government to provide information on the practical application of the abovementioned provisions which prohibit slavery, the sale and trafficking of persons, and forced or compulsory labour, to children under 18 years of age.

2. Compulsory recruitment of children in armed conflict. The Committee notes the absence of information in the Government’s report on this point. However, it notes that recruitment in the Botswana Defence Force is on a voluntary basis and that the minimum age for voluntary recruitment into the armed forces is 18. The Committee requests the Government to provide a copy of the Botswana Defence Forces Act of 15 April 1977 and of any other relevant legislation.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that, under section 149(b) of the Penal Code, it is an offence to procure or attempt to procure a girl or a woman under the age of 21 years to become a prostitute either in the country or elsewhere. Pursuant to section 149(d) of the Penal Code, it is an offence to procure or attempt to procure a woman or a girl to leave her usual place of abode in Botswana with the intent that she may, for the purposes of prostitution, become an inmate of or frequent brothels in Botswana or elsewhere. The Committee also notes that section 153(b) of the Penal Code provides that a person who detains any woman or girl against her will in a brothel, is guilty of an offence. Section 158 of the Penal Code further states that any person who keeps or manages or assists in the management of a brothel is guilty of an offence. The Committee notes that most of the sexual offences provisions in the Penal Code refer to girls, and there do not appear to be any similar provisions protecting boys. The Committee recalls that under Article 3(b) of the Convention the use, procuring or offering of a child for prostitution refers to all persons (boys and girls) under 18 years of age. The Committee consequently requests the Government to take the necessary measures to secure the prohibition of the use, procuring or offering of both boys and girls under 18 years of age for prostitution.

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report on this point. The Committee observes that section 178 of the Penal Code provides that a person who makes, produces, imports, conveys or possesses obscene pictures, photographs, films, for the purpose of trade or distribution, is guilty of an offence. The Committee observes however, that the provisions of the Penal Code do not appear to prohibit the use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, such an activity is considered to be one of the worst forms of child labour and that under Article 1 of the Convention, each member State which ratifies this Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of both boys and girls under 18 years of age, by anyone, for the production of pornography or for pornographic performances is prohibited, as well as applicable penalties.

Clause (c). The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes the absence of information in the Government’s report on this issue. The Committee observes that the Drugs and Related Substances Act, 1992 regulates the manufacturing, import, export or distribution of drugs. However, it observes that no provisions prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee recalls that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

Clause (d). 1. Hazardous work. The Committee notes that section 110(1) of the Employment Act, 1982 states that no young persons shall be employed in any work which is harmful to his/her health and development, dangerous or immoral. Section 2(1) of the Employment Act defines a young person as anyone who has attained the age of 15 but is under 18 years of age. The Committee also notes that underground and night works are prohibited for young persons by virtue of sections 108 and 109 of the Employment Act.

2. Self-employed workers. The Committee notes that by virtue of section 110(1) of the Employment Act, children under 18 shall not be employed on any work which is harmful to their health or development, dangerous or immoral. However, the Committee observes that, by virtue of section 2 of the Employment Act, the scope of application of this Act is limited to persons working under an employment contract and domestic employees. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure the protection of self-employed workers under 18 years of age against types of work, which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee observes that section 110(2) of the Employment Act states that 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/her health and development, dangerous, immoral or otherwise unsuitable, and every employer who is so notified shall immediately cease to employ the young person concerned. The Committee also notes the Government’s statement that the types of hazardous work have not been determined yet. The Committee draws the attention of the Government to Article 4, paragraph 1, of the Convention, which provides that the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee also draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests the Government to take the necessary measures to determine the types of work to be considered as hazardous in consultation with the organizations of employers and workers concerned, in conformity with Article 4, paragraph 1, of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee requests the Government to inform it of any developments in this regard.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee draws the attention of the Government to Article 4, paragraph 2, of the Convention, which requires the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken or envisaged to identify where hazardous work exists, in consultation with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication, in its report, that the labour inspectorate will monitor the implementation of the provisions giving effect to this Convention. The Government also states that the organizations of employers and workers were consulted within the tripartite Labour Advisory Board on the establishment of monitoring mechanisms, as provided under section 149 of the Employment Act. The Committee notes that by virtue of section 11 of the Employment Act, the Commissioner or labour officer may enter, inspect and examine any land, building, place where or about which an employee is housed or employed. He/she may question any employer or employee or other person, copy documents or records in possession of an employer regarding matters connected with this Act. The Committee also notes that, by virtue of section 11(4) of the Act, the Commissioner may prohibit the engagement of employees at any place where he/she is satisfied that the conditions therein do not comply with the Act. The Committee asks the Government to provide information on inspections carried out by the labour inspectorate regarding infringements of the national provisions giving effect to the Convention. It also asks the Government to supply copies of reports of the labour inspectorate.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement, in its report, that no programmes of action to eliminate the worst forms of child labour have been designed as yet. The Committee reminds the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly requests the Government to urgently design and adopt the necessary programmes of action, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Botswana.

Article 7, paragraph 1. Penalties. The Committee takes note of the absence of information in the Government’s report on the penalties applicable for violations of provisions giving effect to the Convention. The Committee notes however, that the Employment Act, 1982 and the Penal Code provide for penalties in case of violations of its provisions. For instance, section 260 of the Penal Code states that anyone who detains a person as a slave, is liable to imprisonment for a term not exceeding five years. According to section 261 of the Penal Code anyone who buys, sells or disposes of a person as a slave, or who traffics or deals in slaves, is liable to imprisonment for a term not exceeding seven years. The Committee also observes that by virtue of sections 71 and 172(d) of the Employment Act, a person who exacts, imposes or permits forced labour is punishable by a fine of 2,000 pula (approximately US$420) and imprisonment for 18 months; he/she is also criminally responsible under section 262 of the Penal Code. It also notes that the procurement of a girl under 21 to become a prostitute in Botswana or elsewhere or to work in a brothel is punished by imprisonment for a term not exceeding two years and/or with a fine (sections 33 and 149 of the Penal Code). Moreover, anyone who employs a young person at night (in contravention of section 109 of the Employment Act) or in any work that is harmful to their health and development, dangerous or immoral (as prohibited under section 110(1) of the Employment Act) is liable to a fine of 1,000 pula and to imprisonment for six months (section 172(b) of the Employment Act). Anyone who employs a young person for night work or for underground work is liable to a fine of 1,500 pula and to imprisonment for 12 months (section 172(c) of the Employment Act). The Committee requests the Government to provide information on the practical application of the penalties laid down in the Employment Act, 1982 and in the Penal Code.

Article 7, paragraph 2. Time-bound and effective measures. The Committee takes note of the Government’s indications on the absence of time-bound and effective measures: (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (c) ensuring access to free basic education; and (e) taking into account the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(b), (c) and (e) of the Convention. It also asks the Government to provide a copy of the legislative measures regulating basic education.

Clause (a). Preventing the engagement of children in the worst forms of child labour. The Committee observes that, according to the Ministry of Education’s annual report on education of 1999, the 1994 Revised National Policy on Education improved access to education at the primary level. Indeed in 1993, 85 per cent of children aged 6 to 12 enrolled in primary education. In 1999, this enrolment rate increased to 89 per cent. For children aged 7 to 13 years the enrolment rate was 95 per cent in 1993 and reached 99.5 per cent in 1999. However, the Committee notes that, according to the abovementioned report, approximately 87 per cent of pupils in primary education dropped out of school in 1999. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that children enrolled in primary education do not drop out of school.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that according to the United Nations Development Programme (UNDP), HIV prevalence rate is 36 per cent for persons aged between 15 and 49 years old. By 2010, 20 per cent of all children are projected to be orphans. It takes due note that the Government and UNDP signed the HIV/AIDS Programme Support Document in June 1997. The programme was later evaluated in 1999 and extended for completion in 2002. The Committee observes that the pandemic of HIV/AIDS has consequences on orphans who might more easily engage in the worst forms of child labour. The Committee requests the Government to provide information on measures envisaged or taken to address the situation of these children.

Article 8. The Committee notes that Botswana is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Committee asks the Government to indicate any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Part III of the report form. The Committee notes the Government’s indication that courts of law have not yet given decisions involving questions of principle relating to the application of the Convention. It asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part IV. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in Botswana, including any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed actions against the worst forms of child labour.

Part V. The Committee asks the Government to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.