Dokument #2082688
USDOL – US Department of Labor (Autor)
In 2021, Botswana made minimal advancement in efforts to eliminate the worst forms of child labor. The government secured a conviction and imposed a 10-year sentence on an individual for forced labor of a child in domestic servitude. However, children in Botswana are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking, and forced labor in cattle herding and domestic service. Key gaps remain in the country’s legal framework, including the lack of a minimum age for compulsory education and a list of hazardous work activities for children. The government did not provide information on its labor law enforcement efforts for inclusion in this report. In addition, social programs do not always reach children in child labor, especially those engaged in cattle herding and domestic work.
Children in Botswana are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking, and forced labor in cattle herding and domestic service. (1,2) Table 1 provides key indicators on children’s work and education in Botswana. Data on some of these indicators are not available from the sources used in this report.
Children |
Age |
Percent |
---|---|---|
Working (% and population) |
5 to 14 |
Unavailable |
Attending School (%) |
5 to 14 |
Unavailable |
Combining Work and School (%) |
7 to 14 |
Unavailable |
Primary Completion Rate (%) |
94.6 |
Source for primary completion rate: Data from 2015, published by UNESCO Institute for Statistics, 2022. (3)
Data were unavailable from International Labor Organization's analysis, 2022. (4)
Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.
Sector/Industry |
Activity |
---|---|
Agriculture |
Herding and spraying of cattle (5,6) |
Services |
Street work, including vending (7) |
Domestic work (8,9) |
|
Categorical Worst Forms of Child Labor‡ |
Commercial sexual exploitation, sometimes as a result of human trafficking (1,2,10) |
Forced labor in cattle herding and domestic service (1) |
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.
Children in Botswana are victims of commercial sexual exploitation, sometimes as a result of human trafficking. (1,2) Research indicates that some children residing in the Dukwi Refugee Camp are subjected to commercial sexual exploitation as they await decisions regarding their refugee status. (1,7) Some parents in poor rural communities send their children to work as domestic servants in cities, or at farms or cattle posts, increasing their vulnerability to forced labor. (1) Children, particularly children from the San minority ethnic group, work on commercial farms in the Ghanzi Region, tending to and herding cattle. (2,8) An NGO reported that one of the work activities children perform on commercial farms is the "dipping" (spraying) of cattle, a process to remove ticks and flies. Such work may expose children to hazardous chemicals. (8) On some farms, employers may withhold food rations unless children perform work. (1,5,8) Children working in domestic service settings are exposed to various conditions that are indicative of forced labor including confinement, denial of promised educational opportunities and basic necessities, and physical, verbal, and sexual abuse. (1)
Botswana law provides for free basic education. The costs of books, uniforms, and other materials may be waived for children from poorer families; however insufficient transportation to schools in remote regions of Botswana and lack of materials in indigenous languages create educational barriers for children from minority ethnic groups. (2,11,12) In addition, school enrollment requires an identity document, such as a birth certificate or national identity card. (1) The government allows all children to enroll in primary education, even without these documents; however, migrant children and children born outside of health care facilities, or whose parents did not register them at birth, may not be able to enroll in secondary schools or register for national exams. (2,13) Schools also often lack adequate resources for students with disabilities, and children of the San ethnic group have limited access to educational facilities, including traveling long distances to reach schools and encountering language barriers and prejudice within schools, which cause children to drop out. (2,12,14,15) Moreover, pervasive physical and sexual abuse, including gender-based violence, within schools, by both teachers and peers, contributes to children leaving education early and becoming vulnerable to the worst forms of child labor. (5,7,16,17)
Botswana has ratified all key international conventions concerning child labor (Table 3).
Convention |
Ratification |
---|---|
ILO C. 138, Minimum Age |
✓ |
ILO C. 182, Worst Forms of Child Labor |
✓ |
UN CRC |
✓ |
UN CRC Optional Protocol on Armed Conflict |
✓ |
UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography |
✓ |
Palermo Protocol on Trafficking in Persons |
✓ |
The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Botswana’s legal framework to adequately protect children from the worst forms of child labor, including the lack of a compulsory education age that is consistent with the minimum age for work.
Standard |
Meets International Standards |
Age |
Legislation |
---|---|---|---|
Minimum Age for Work |
Yes |
15 |
Articles 2 and 107 of the Employment Act (18) |
Minimum Age for Hazardous Work |
Yes |
18 |
Articles 2 and 110 of the Employment Act (18) |
Identification of Hazardous Occupations or Activities Prohibited for Children |
No |
||
Prohibition of Forced Labor |
Yes |
Articles 2 and 71 of the Employment Act; Section 114 of the Children’s Act; Articles 9–10 of the Anti-Human Trafficking Act; Section 262 of the Penal Code (18,19) |
|
Prohibition of Child Trafficking |
Yes |
Section 114 of the Children’s Act; Article 175 of the Penal Code; Articles 9 and 10 of the Anti-Human Trafficking Act (19,20) |
|
Prohibition of Commercial Sexual Exploitation of Children |
No |
Sections 25 and 57–59 of the Children’s Act; Sections 9 and 10 of the Anti-Human Trafficking Act (19,20) |
|
Prohibition of Using Children in Illicit Activities |
Yes |
Section 60 of the Children’s Act (20) |
|
Minimum Age for Voluntary State Military Recruitment |
Yes |
18 |
Section 17 of the Botswana Defense Force Act (21) |
Prohibition of Compulsory Recruitment of Children by (State) Military |
N/A* |
||
Prohibition of Military Recruitment by Non-state Armed Groups |
Yes |
Section 26 of the Children’s Act (20) |
|
Compulsory Education Age |
No |
||
Free Public Education |
Yes |
Section 18 of the Children’s Act (20) |
* Country has no conscription. (21)
The Employment Act allows children to conduct light work activities at age 14, with restrictions on the number of hours a child can work during a single day and in a week, and includes a requirement that the Labor Commissioner approve any forms of work outside of domestic service; however, the government has yet to determine the conditions or types of light work activities permitted for children. (11) The Employment Act also prohibits night work and hazardous underground work for children, but the government has not promulgated regulations identifying hazardous work activities for children. (18) Although the government compiled a comprehensive list of hazardous occupations, including the handling of pesticides and agricultural chemicals, the list has not yet been approved. (10,12) In addition, legal protections for children from commercial sexual exploitation do not meet international standards because the use of children for prostitution is not criminally prohibited. (20)
Despite the provision of free basic education, there is not a compulsory education age, which may increase children's vulnerability to child labor. (12)
The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of enforcement agencies that may hinder adequate enforcement of their child labor laws.
Organization/Agency |
Role |
---|---|
Ministry of Labor |
Enforces child labor laws and conducts inspections under the Employment Act. (18,22) Facilitates coordination with local leaders and law enforcement officers. Posts labor inspectors to District Council offices to carry out their duties. (22) Coordinates with the Ministry of Local Government and Rural Development (MLGRD) to respond to cases of child labor and place children in safe environments. (7,23) |
District and Municipal Council Child Welfare Divisions |
Enforce child labor laws at the local level. (22) The District and Municipal Council Child Welfare Divisions report to the Social Protection Department under the MLGRD. (24) |
Botswana Police Service (BPS) |
Responds to cases of labor law violation, including child labor violations, based on referrals from the Ministry of Labor. (25) Investigates cases of the worst forms of child labor, including commercial sexual exploitation of children and child trafficking. (22) |
Ministry of Justice |
Monitors suspected human trafficking cases and leads the Human Trafficking (Prohibition) Committee. (22) |
Labor Law Enforcement
In 2021, labor law enforcement agencies in Botswana took actions to address child labor (Table 6). However, gaps exist within the operations of the Ministry of Labor that may hinder adequate labor law enforcement, including insufficient financial and human resource allocation.
Overview of Labor Law Enforcement |
2020 |
2021 |
---|---|---|
Labor Inspectorate Funding |
$64,424 (26) |
Unknown (2) |
Number of Labor Inspectors |
Unknown (25) |
Unknown (2) |
Mechanism to Assess Civil Penalties |
No (18) |
No (18) |
Initial Training for New Labor Inspectors |
Yes (25) |
Unknown (2) |
Training on New Laws Related to Child Labor |
N/A (25) |
N/A (2) |
Refresher Courses Provided |
No (25) |
Unknown (2) |
Number of Labor Inspections Conducted |
76 (26) |
Unknown (2) |
Number Conducted at Worksite |
76 (26) |
Unknown (2) |
Number of Child Labor Violations Found |
0 (26) |
Unknown (2) |
Number of Child Labor Violations for Which Penalties Were Imposed |
N/A (26) |
Unknown (2) |
Number of Child Labor Penalties Imposed that Were Collected |
N/A (26) |
Unknown (2) |
Routine Inspections Conducted |
Yes (26) |
Yes (2) |
Routine Inspections Targeted |
No (26) |
Unknown (2) |
Unannounced Inspections Permitted |
Yes (18) |
Yes (18) |
Unannounced Inspections Conducted |
Yes (25) |
Yes (18) |
Complaint Mechanism Exists |
Yes (25) |
Yes (2) |
Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services |
Yes (25) |
Yes (2) |
Under the Employment Act, child labor violations are criminal offenses, resulting in 12 months imprisonment; as such, Botswana labor inspectors refer violations to police for investigation and imposition of penalties. (18)
The government did not provide complete information on its labor law enforcement efforts to address child labor for inclusion in this report. (25) In addition, the labor inspectorate lacks sufficient resources to adequately enforce labor laws. (25) Some of Botswana’s largest administrative districts have only one or two labor inspectors. (5,25)
The government reported that 54 labor inspectors participated in a workshop on modern inspection techniques during the reporting period but did not indicate whether this number comprised the entire inspectorate. (24) Research has been unable to determine precisely how many labor inspectors Botswana currently employs. According to the ILO’s technical advice of a ratio approaching 1 inspector for every 15,000 workers in countries with developing economies, Botswana would need to employ about 66 labor inspectors to adequately protect its workforce of nearly 1,000,000 workers. (7,27,28) Evidence suggests that inadequate numbers of labor inspectors may be hindering enforcement in Botswana, especially in the agricultural sector. For example, there is only 1 labor inspector assigned to the Ghanzi District, a district that spans 117,000 square kilometers and where there are reports of child labor at farms and cattle posts. (5,25) Furthermore, enforcement efforts may be hindered by limits on labor inspectors' authority. Labor inspectors are not authorized to inspect domestic households, and some labor inspectors have faced obstacles in accessing large farms, such as locked gates or denial of entry, inhibiting their ability to identify underage workers. (5,7)
Criminal Law Enforcement
In 2021, criminal law enforcement agencies in Botswana took actions to address child labor (Table 7). However, gaps exist within the operations of criminal enforcement agencies that may hinder adequate criminal law enforcement, including lack of published information on criminal law enforcement efforts.
Overview of Criminal Law Enforcement |
2020 |
2021 |
---|---|---|
Initial Training for New Criminal Investigators |
Unknown (25) |
Yes (2) |
Training on New Laws Related to the Worst Forms of Child Labor |
N/A (25) |
N/A (2) |
Refresher Courses Provided |
Unknown (25) |
Unknown (2) |
Number of Investigations |
2 (29) |
Unknown (2) |
Number of Violations Found |
2 (29) |
Unknown (2) |
Number of Prosecutions Initiated |
2 (29) |
1 (30) |
Number of Convictions |
Unknown (25) |
1 (30) |
Imposed Penalties for Violations Related to the Worst Forms of Child Labor |
Unknown (25) |
Yes (30) |
Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services |
Yes (25) |
Yes (2) |
The government did not provide complete information on its criminal law enforcement efforts, including refresher trainings for criminal law enforcement investigators and the number of investigations related to the worst forms of child labor, for inclusion in this report. (25) During the reporting period, Botswana courts convicted a Zimbabwean woman for bringing a 16 year-old child into Botswana for forced domestic servitude. The court imposed a 10-year sentence, marking the first conviction and imposed penalty for human trafficking in 2 years. (30) Although the government convicted four other individuals and initiated two new prosecutions under the trafficking in persons law during the reporting period, the ages of the victims and whether the cases pertained to the worst forms of child labor are unknown. (25,31)
The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including inefficacy in accomplishing mandates.
Coordinating Body |
Role & Description |
---|---|
Advisory Committee on Child Labor |
Oversees government policies and efforts to prevent and eliminate child labor. Reports to the government three to four times a year. (2) Includes representatives from government agencies, various NGOs, worker federations, and employer organizations. (2) Led by the Ministry of Labor, with participation from the MLGRD, Ministry of Finance, and the Office of the President. (13) |
Child Labor Committees |
Identify child laborers at the village level. Include social workers; schoolteachers; members of the Village Development Committees, which are local government structures; labor inspectors; and community leaders, including chiefs and priests. (2) |
Human Trafficking (Prohibition) Committee |
Provides an interministerial reporting and referral mechanism for children subjected to human trafficking. (13) Led by the Ministry of Justice, with representation from MELSD, BPS, the Directorate of Public Prosecutions, and ministries responsible for gender affairs, social protection, immigration, and transportation. (22,32) The committee met three times during the reporting period and facilitated the development of standard operating procedures for repatriation of trafficking survivors to their countries of origin. (33) |
Research could not determine whether coordinating bodies were active during the reporting period. (2,31) The Ministry of Justice reported the need for technical support, training, and increased coordination among agencies to address human trafficking. It indicated that referral and rehabilitation services for human trafficking survivors are also needed. (34)
The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including a lack of implementation.
Policy |
Description |
---|---|
National Action Plan on the Elimination of the Worst Forms of Child Labor |
Outlines the government’s plan to address child labor through legislation and policy. Includes awareness-raising programs and training on child labor for relevant stakeholders and implementers. (22) |
Research indicates that the government is not actively supporting implementation of key national policies for the prevention and elimination of child labor. (2) Child labor elimination and prevention strategies are not included in relevant national policies, including the Education and Training Sector Strategic Plan and the Botswana National Youth Policy. (36,37)
In 2021, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including the inadequacy of programs to address the full scope of the problem.
Program |
Description |
---|---|
Government-Funded Programs to Prevent and Eliminate Child Labor† |
Government-funded programs that aim to prevent child labor and increase protections for vulnerable children. These include: NGO-run shelters that cater to human trafficking survivors, including children; the National School Feeding Program, which provides meals to children (grades one through seven) in all public primary schools in the country; the Remote Area Development Program, which provides a second meal to school children living in remote areas and children from marginalized communities; the Orphan Care Program, which provides orphans with meals and subsidizes the cost of school fees and transportation costs; and the Needy Children and Needy Students program, managed by the MLGRD, which provides families with free meals, toiletries, and school uniforms. (22) Research could not determine whether activities were undertaken to implement other relevant government-funded programs during the reporting period, such as the National School Feeding Program, the Remote Area Dweller Program, the Orphan Care Program, and the Needy Children and Needy Students program. |
† Program is funded by the Government of Botswana.
There are no government-run shelters that cater to child survivors of human trafficking. While the government funds and contracts with NGO-run shelters that serve this population, it does not directly provide such services. (2) An NGO reported that established shelters lack resources to attend to the needs of older children. (6)
Although Botswana has programs that target child labor, the design and implementation of these programs are insufficient to fully address the scope of the problem, especially in commercial sexual exploitation, cattle herding, and domestic work.
Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Botswana (Table 11).
Area |
Suggested Action |
Year(s) Suggested |
---|---|---|
Legal Framework |
Establish provisions specifying the types of light work acceptable for children age 14. |
2016 – 2021 |
Determine by national law or regulation the types of hazardous work prohibited for children, after consultation with employers’ and workers’ organizations. |
2009 – 2021 |
|
Ensure that the use of children in prostitution is criminally prohibited. |
2020 – 2021 |
|
Establish a compulsory education age consistent with the minimum age of employment. |
2010 – 2021 |
|
Enforcement |
Publish information regarding labor law enforcement efforts. |
2016 – 2021 |
Ensure that the labor inspectorate has sufficient human and financial resources to adequately enforce labor laws, including on farms and cattle posts. |
2020 – 2021 |
|
Ensure the number of labor inspectors in Botswana meets the ILO’s technical guidance. |
2020 – 2021 |
|
Ensure that labor inspectors have authorization to access worksite premises and are able to conduct inspections at farms and domestic households. |
2018 – 2021 |
|
Publish information about criminal law enforcement efforts related to the worst forms of child labor. |
2017 – 2021 |
|
Coordination |
Ensure that all coordinating bodies are active and able to carry out their intended mandates. |
2018 – 2021 |
Ensure that Ministry of Justice employees receive sufficient technical support and training, and improve coordination among agencies on issues relating to human trafficking, including services to survivors. |
2017 – 2021 |
|
Ensure that there are adequate referral and rehabilitation services for human trafficking victims. |
2018 – 2021 |
|
Government Policies |
Ensure activities are undertaken to implement key policies related to child labor and publish results from activities implemented during the reporting period |
2017 – 2021 |
Integrate child labor elimination and prevention strategies into relevant policies, such as the Education and Training Sector Strategic Plan and the Botswana National Youth Policy. |
2011 – 2021 |
|
Social Programs |
Collect and publish data on the extent and nature of child labor to inform policies and programs. |
2013 – 2021 |
Enhance efforts to remove educational barriers and make education accessible for all children by taking measures to reduce travel distances to reach schools; address language barriers and ethnic discrimination, including a lack of school materials in indigenous languages; prevent physical and sexual violence in schools; increase resources for students with disabilities; and expand birth registration and national identification for migrants and children born outside of health facilities. |
2020 – 2021 |
|
Ensure activities are undertaken to implement key social programs related to child labor and publish results from activities implemented during the reporting period |
2020 – 2021 |
|
Establish official government-run shelters to assist child survivors of worst forms of child labor, while ensuring that shelters have sufficient resources to attend to the care of older children. |
2020 – 2021 |
|
Develop programs to fully address the scope of child labor in commercial sexual exploitation, domestic work, and cattle herding. |
2012 – 2021 |