Country profile BWA
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| List of hazardous activities prohibited for children | N/A | C138 & C182 | N/A | [{"link_name":"CEACR Observation","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4290607,103303:NO"}] | No | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | According to the CEACR Observation on C138, 2022, "Following its previous comments, the Committee notes the Government’s information that the draft list of types of hazardous work prohibited to children under 18 years of age was incorporated in the ongoing labour law review. The Government indicates, in its report under the Minimum Age Convention, 1973 (No. 138), that the labour law review is at an advanced stage and it is envisaged that the Bill will be presented during the July 2022 session of the Parliament. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Labour Law Bill containing the draft list of types of hazardous work prohibited to children under 18 years of age is adopted in the very near future." |
| Minimum age for hazardous work | 1982-11-30 | C138 & C182 | Employment Act CAP 47:01 - Sections 2(1) and 105(1) | [{"link_name":"Employment Act CAP 47:01","source_link":"https://www.botswanalmo.org.bw/sites/default/files/Legislation_Employment_Act.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Section 105(1) of the Employment Act, 1982, states that no young persons shall be employed in any work which is harmful to their health and development, dangerous or immoral. Section 2(1) of the Employment Act defines a young person as anyone who has attained the age of 15 but is under 18 years of age. |
| Minimum age for admission to apprenticeship | 1983 | C138 | Apprenticeship and Industrial Training Act, 1983 - Section 18. (1) (a) | [{"link_name":"Apprenticeship and Industrial Training Act, 1983","source_link":"https://botswanalaws.com/StatutesActpdf/1983Actpdf/APPRENTICESHIP%20AND%20INDUSTRIAL%20TRAINING%20ACT,%2034%20OF%201983.pdf"}] | 15 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Section 18. (1) (a) of the Act fixes the minimum age for the admission to apprenticeship to 15 years. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | N/A | C138 | N/A | [{"link_name":"CEACR Observation","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4290607,103303:NO"}] | N/A | 4 | C138 requires member States to align the age of completion of compulsory education with the minimum age for admission to employment or work. | According to the CEACR Observation on C138, 2022, "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 the Government 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." |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"CEACR Observation","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4290607,103303:NO"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | According to the CEACR Observation on C138, 2022, "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." |
| Minimum age for light work | 1982-11-30 | C138 | Employment Act CAP 47:01 - Sections 105(2)(b) and 105(3) | [{"link_name":"Employment Act CAP 47:01","source_link":"https://www.botswanalmo.org.bw/sites/default/files/Legislation_Employment_Act.pdf"}] | 14 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Under sections 105(2)(b) and 105(3) of the Employment Act, 1982, a child who has attained the age of 14 years and is or is not attending school may be employed on light work not harmful to their health and development, if such work is of a character approved by the Commissioner. |
| Minimum age for admission to work | 1982-11-30 | C138 | Employment Act CAP 47:01 - Section 2, 105 (1) | [{"link_name":"Employment Act CAP 47:01","source_link":"https://www.botswanalmo.org.bw/sites/default/files/Legislation_Employment_Act.pdf"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Section 2(1) of the Employment Act, 1982, defines a child as a person under the age of 15 years, and section 105(1) and (2) of the Employment Act prohibit the employment of children. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2009-06-16 | C182 | Children's Act - Article 60 | [{"link_name":"Children's Act","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/97343/BTW97343.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Article 60 of the Children's Act of 2009 specifies that no person shall use a child (under 18) in the production or trafficking of narcotic or intoxicating drugs. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2009-06-16 | C182 | Children's Act - Article 57, 58 | [{"link_name":"Children's Act","source_link":"https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/97343/BTW97343.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Article 57 of the Children's Act of 2009 specifies that any person who induces, coerces, or encourages any child (in this case under 18) to engage in prostitution shall be guilty of an offence and sentenced to a fine, or to imprisonment, or both. Article 58 of the Children's Act of 2009 specifies that no person shall involve a child (in this case under 18) in the production of pornographic material. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1977-04-15 ; 2014-08-27 | C182 | The Botswana Defence Forces Act - Section 17 ; Anti-Human Trafficking Act - Article 2 | [{"link_name":"-The Botswana Defence Forces Act","source_link":"https://botswanalaws.com/consolidated-statutes/repealed-acts/botswana-defence-force-repealed#:~:text=An%20Act%20to%20provide%20for,the%20unauthorised%20wearing%20or%20use"},{"link_name":"-Anti-Human Trafficking Act","source_link":"https://natlex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=98257"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Recruitment in the Botswana Defence Force is on a voluntary basis, and the minimum age for voluntary recruitment into the armed forces is 18. Article 2 of the Anti-Human Trafficking Act includes in the term 'exploitation' the forcible or fraudulent use of any human being to take part in armed conflict. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2017-02-09 | C182 | Anti-Human Trafficking Act - Section 9 | [{"link_name":"Anti-Human Trafficking Act","source_link":"https://natlex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=98257"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | The perpetrator of trafficking for the purposes of forced labour or exploitation of a child's (under 18 years) prostitution is liable to a term of imprisonment of up to 30 years and/or a fine of approximately US$93,170 pursuant to section 9 of the Anti-Human Trafficking Act. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 03-JAN-2000 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 05-JUN-1997 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| According to the ILO CEACR Observation on C138, 2022, the National action plan for the elimination of child labour 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. | [{"link_name":"National action plan for the elimination of child labour","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4290607,103303:NO"}] | 2021 | National action plan for the elimination of child labour | No information |