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

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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