Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee noted 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 further noted the Government’s information that, with ILO–IPEC assistance, it was involved in a project that aimed at, among other things, facilitating a broad consultation process resulting in the drafting of a national programme on addressing child labour and focusing on the elimination of the worst forms of child labour. The Committee requested the Government to provide further information on the results achieved by the ILO–IPEC programmes in eliminating child labour and its worst forms. The Committee notes that, with assistance from ILO–IPEC, an action programme on the elimination of the worst forms of child labour (APEC) has been developed, to address child labour and its worst forms. The Committee notes that APEC was presented and endorsed by the Programme Advisory Committee on Child Labour in February 2008, and awaits the necessary Government approval.

While noting the measures taken by the Government to abolish child labour, the Committee notes the information in the Government’s report that there are approximately 19,655 working children below the age of 14, the legal minimum age for any work. The Committee notes the information in the 2005–06 National Labour Force Survey, published by the Central Statistics Office in 2008, that 4,108 of these children are between the ages of 7 and 9 years old. The Committee expresses its concern at the number of children working below the legal minimum age, as well as the number of children below the age of 9 who are engaged in work and urges the Government to redouble its efforts to combat child labour. In this respect, the Committee requests the Government to provide information on the measures taken in the context of APEC, and the results achieved. The Committee also invites the Government to provide information on the application of the Convention in practice including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.

Article 2, paragraph 1. Scope of application of the Convention. In its previous comments, the Committee requested the Government to provide information on the manner in which children who are not bound by a contract of employment, such as self-employed workers, benefit from the protection afforded by the Convention. It noted the Government’s information that children not bound by a contract of employment (such as self-employed workers) are protected by the Children’s Act Cap: 28:04, and that Part V, section 14(c), of this Act provides that a child in need of care means a child who “engages in any form of street trading, unless he has been deputed by his parents to help in the distribution of merchandise of a family concern”. A child identified as in need of care can be reported to a social welfare officer and, if necessary, removed to a safe place and brought before a children’s court. However, the Committee noted that these protection mechanisms do not regulate the hours, conditions or minimum age for self-employment. Noting the absence of information on this point in the Government's report, the Committee once again requests the Government to indicate any measures taken or envisaged to ensure the application of the Convention to all types of work, including self-employment.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee noted the report of the Special Rapporteur on the Right to Education (Special Rapporteur) of 17 March 2006 entitled “Economic, social, and cultural rights: The right to education” (E/CN.4/2006/45/Add.1). The report stated that Botswana had virtually reached the objective of universal primary education (which consists of seven years of schooling for children between the ages of 7 and 14, resulting in a Primary School Leaving Certificate). The Committee also noted the information in the report that, as part of its ninth National Development Plan (2003–09), Botswana has adopted a National Action Plan for Education, which aims to fulfil the provisions of the Dakar Framework for Action, adopted at the World Education Forum in 2000. The Committee requested the Government to provide further information on the National Action Plan for Education, and asked the Government to indicate the measures taken to ensure that primary education is determined as compulsory in national legislation.

The Committee notes the Government’s statement that schooling is not compulsory, though legislation to make basic education compulsory is being considered. The Committee also notes the Government’s indication that net enrolment for children between the ages of 6 and 12 was 89.2 per cent in 2006. The Committee notes the measures taken by the Government to retain students, which include boarding facilities to primary school children in some Remote Area Dweller settlements (RADS), multi-grade schools in remote areas to reduce the distance children have to travel to attend, the provision of food to orphans and other vulnerable children at school and the implementation of inclusive education programmes to respond to the diverse needs of students. The Committee also notes the significant measures taken to encourage girls to stay in school, including the mainstreaming of gender across the curriculum, the production of multimedia to encourage girls into science-based careers and reviewing re-admission guidelines to facilitate the return of girls to school following pregnancy.

The Committee notes the statement in the Ministry of Education and Skills Development draft report entitled “National Report on the Development of Education” released in 2008 that it is estimated that some 10–15 per cent of school-going age children are still not in schools, and identifies child labourers, street children, girls, remote area dwellers and those from poor families as major groups who are not in school. The Committee also notes the information in this draft report that, in an effort to increase access and retention of working children and those at risk of child labour, the Ministry of Education has started mainstreaming child labour issues into policies and programmes.

The Committee welcomes these measures to improve access to education. Nonetheless, the Committee notes the information in the Government’s National Report submitted to the UN Human Rights Council on 5 September 2008 that the Government introduced school fees in 2005 on a cost-sharing basis. The Committee also notes the indication in this report that this policy was revised in 2008 with the introduction of an income threshold by which households in need of assistance are exempted from paying school fees (A/HRC/WG.6/3/BWA, paragraph 36). On the subject of school fees, the Committee notes that the Special Rapporteur expressed “deep regret at the decision to reintroduce school fees, which would represent a step backward in Botswana’s extraordinary achievements in education, for which cost-free education has been one of the contributing factors”. The Special Rapporteur further stated that “the reintroduction of fees, coupled with the absence of the legal obligation providing for compulsory education might have disastrous effects on enrolment rates at the secondary level and the already increasing drop-out rate registered at that level” (paragraphs 44 and 45). Considering that free, compulsory education is one of the most effective means of combating child labour, the Committee expresses concern at the lack of compulsory education and the introduction of school fees. Nonetheless, the Committee welcomes the measures adopted to retain students in school and encourages the Government to continue taking measures to improve the functioning of the education system, in particular by increasing the school enrolment rates, particularly at the secondary level, and by reducing the drop-out rates. The Committee also urges the Government to adopt legislation introducing compulsory schooling so as to prevent the engagement of these children in child labour. Finally, the Committee requests the Government to continue providing statistical information on school attendance and school drop-out rates.

Article 3, paragraphs 1 and 2. Hazardous work. In its previous comments, the Committee noted that the Commissioner had not had cause to notify any employer on work which is harmful to the health and development, nor dangerous, immoral or otherwise unsuitable for young persons, as per section 108 of the Employment Act, as last amended by Act No. 14, 2003 (Employment Act). The Committee had further noted that, 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 and that sections 106 and 107 of the Act prohibit the employment of children and young persons in underground and night work. The Committee notes in the Government’s report that the Commissioner has not yet determined the types of hazardous work prohibited to children under 18 years of age and that consultations with the social partners are ongoing on this matter. In addition, the Committee notes the Government’s indication in its report submitted to the CRC that there are a sizeable number of children who work long hours and carry out duties which may fall under the ambit of hazardous employment as defined by the Employment Act (CRC/C/51/Add.9, paragraph 353). The Committee reminds the Government that, by virtue of Article 3(2) of the Convention, the types of employment or work which, by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons, shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. The Committee therefore expresses its concern and hopes that the Government will take the necessary measures shortly to ensure the adoption of the list determining the types of hazardous work prohibited to persons under 18 years of age. 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 7, paragraph 3. Light work. In previous comments, the Committee noted that under section 105 of the Employment Act, a child who has attained the age of 14 years may be employed in light work not harmful to his health or development. Pursuant to section 105(2), a child of 14 not attending school, may be employed in such light work if employed by a member of the child’s family or if such work is of a character approved by the Commissioner, and where the employment is not of a domestic character (for which suitable accommodation is provided), the child shall be readily able to return home (or return to a parental approved house) each evening, and provided that no child shall be required or permitted to work more than six hours a day or 30 hours a week. Pursuant to section 105(3) of the Employment Act, a child of 14 who is still attending school may, whilst on vacation from school, be employed in light work of a character approved by the Commissioner for not more than five hours a day between 6 a.m. and 4 p.m. The Committee notes the Government’s information that there has not yet been a determination of light work pursuant to section 105 of the Employment Act, and that consultations with social partners on this matter are ongoing. The Committee recalls that, by virtue of Article 7(3) of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. It requests the Government to provide further information on the measures taken to determine light work activities that are permitted for children who have attained the age of 14 years and to supply a copy of the list of the types of light work permitted for children once adopted.