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

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

Other comments on C138

Observation

2022

Direct Request

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

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

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

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

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