BOTSWANA 2009 CHILD LABOR REPORT UPDATE

UNCLAS SECTION 01 OF 02 GABORONE 000052 SENSITIVE SIPDIS FOR DOL/ILAB: T. MCCARTER STATE FOR DRL/ILCSR: T. DANG E.O. 12958: N/A TAGS: ELAB EIND ETRD PHUM SOCI BC SUBJECT: BOTSWANA 2009 CHILD LABOR REPORT UPDATE REF: 08 STATE 127448 ¶1. (U) Summary. Although there were no prosecutions in 2008, child labor exists in Botswana but not in its worst forms. Education is not compulsory and children between the ages of 15 and 18 can work although there are some restrictions on the type of work they can do. All stakeholders actively participated in 2008 in conducting two workshops to raise awareness and reduce the number of children employed. The GOB is amending the Children's Act and Employment Act to bring them into compliance with international treaty obligations. Neither bill has yet been enacted. End Summary. Legislation -------------- ¶2. (U) The Employment Act sets the minimum age for basic employment at 14 years, and for hazardous work at 18 years. The Employment Act makes a distinction between children (anyone below the age of 15) and young persons (anyone between the ages of 15 and 18). Under the law, children 14 years old not attending school may be employed by family members in light work not harmful to their health and development or as approved by the Commissioner of Labor but for no more than six hours per day or 30 hours per week. There is, however, no definition of light work. Children and young persons may not be employed in underground work, night work, or in any work that is harmful to their health and development, dangerous, or immoral. Without the express permission of the Commissioner of Labor, children may not work more than three consecutive hours and young persons more than four hours in industrial undertakings. Children and young persons are also prohibited from working on rest days and public holidays. ¶3. (SBU) The Employment Act does not define the worst forms of child labor or hazardous work as the ILO defines those terms. It does prohibit forced labor, although it does not specifically mention children. According to Ms. Sissy Seemule, Deputy Commissioner of Labor, the GOB is in the process of overhauling the Employment Act, which will include changes so that the employment Act complies with ILO Conventions 138 and 182 and includes a definition of light and hazardous work and provide stiffer penalties for violations. This process began in 2007, but final approval of the legislation has not yet been received. 
Enforcement -------------- ¶4. (U) The Department of Labor is tasked with investigating workplaces that are suspected of violating child labor laws. The Employment Act authorizes the Commissioner of Labor to terminate the unlawful employment of children. The child welfare divisions of the district and municipal councils are also responsible for enforcing child labor laws. The maximum penalty for illegally employing a child is imprisonment for up to 12 months, a fine of 1500 pula (USD 200),or a combination of the two. Potential penalties are not considered as a deterrent as most child labor occurs in the informal sector. ¶5. (U) Child prostitution and pornography are criminal offenses and "defilement" of persons less than 16 years old is punishable by a minimum 10-year prison sentence. The law specifically protects adopted children from being exploited for labor and orphans from being coerced into prostitution. ¶6. (U) There were no prosecutions, convictions, or fines for child labor in 2008. The GOB Department of Labor (DOL),through its local district offices, is responsible for conducting inspections, but monitoring for child labor is virtually non-existent. ¶7. (U) The DOL, the Department of Social Services (DSS), and NGOs are all active in conducting workshops to raise awareness of child labor. Two workshops for children and community leaders in were held during 2008 attempting to raise awareness of child labor. Social Programs GABORONE 00000052 002 OF 002 -------------- ¶8. (U) Primary education is free but not compulsory. Since 2006, the government has charged school fees for students attending junior and senior secondary schools of approximately USD 50 - 80 per student per year, although exceptions apply based on a family's financial condition. ¶9. (U) Botswana provides vocational training through technical colleges and "brigades." Whereas technical colleges are educational institutions, brigades provide practical/vocational training and employment opportunities and offer services to the local community. While the brigades used to be private, community run institutions, in 2008 they were folded into the government educational system, but retain their prior purpose. National Policies -------------- ¶10. (U) There have been no changes to laws affecting child labor in the past year. The Government of Botswana is in the process of domesticating the UN Convention of the Rights of the Child and the African Charter on the Rights and Welfare of the Child. The process began in 2006 and draft legislation is expected to come before Parliament in February 2009 for further consideration. However, this draft legislation met with resistance in 2008 from members of Parliament. As a result of this comprehensive pending legislation, no other work has been done to update or expand laws affecting child labor. ¶11. (U) The GOB drafted a National Action Plan on the elimination of the worst kinds of Child Labor (APEC). The APEC contains action items in the areas of: addressing legislation and policy gaps, creating awareness and disseminating awareness, implementing programs to address problems, and providing training to relevant stakeholders and implementers. On February 4, 2008 the APEC was submitted to the Permanent Secretary in the Ministry of Labor for the necessary government approvals. Current Situation -------------- ¶13. (U) For the first time, the GOB's Central Statistic Office included a children's activities module in the 2005/06 National Labor Force Survey. According to this Labor Force Survey, slightly more than 38,000 children were employed (representing 9 percent of children between the ages of seven and 17). Of those employed, approximately half were below the legal working age of 14. Two-thirds of the employed children were working in rural villages, with a significantly smaller percentage working in cities and towns or urban villages. Over 60% of the employed children worked in the agriculture sector followed by retail trade (20 percent) and private households (4 percent). Of those working in the agriculture sector, almost all worked in subsistence agriculture on family cattle posts or land. Most of the employed children worked up to 28 hours per week. Although these findings show that child labor exists, it does not exist in its worst forms. ¶14. (SBU) Comment. Although the child labor problem in Botswana is not significant and does not exist in its worst forms, the GOB made very little progress in 2008 in amending its dated child and employment legislation to reflect current realities. In fact there are elements of the new children's rights law that are drawing opposition from many members of Parliament, which will likely result in this process continuing to languish. End Comment. NOLAN