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Botswana MODERATE ADVANCEMENT

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Botswana MODERATE ADVANCEMENT Botswana MODERATE ADVANCEMENT In 2016, Botswana made a moderate advancement in efforts to eliminate the worst forms of child labor. The Government’s Orphan Care Program provided 29,828 orphans with meals and subsidized the cost of school. In addition, the Government continued its Stay-in-School Program, which trains teachers and social workers on how to talk to parents about the importance of education. However, children in Botswana perform dangerous tasks in cattle herding. Key gaps remain in the country’s legal framework, including the lack of minimum age for compulsory education and insufficient prohibitions for hazardous work. In addition, social programs do not always reach intended child labor victims, especially those engaged in domestic work and cattle herding. I. PREVALENCE AND SECTORAL DISTRIBUTION OF CHILD LABOR Although research is limited, there is evidence that children in Botswana perform dangerous tasks in cattle herding.(1-3) 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. Table 1. Statistics on Children’s Work and Education Children Age Percent tŽƌŬŝŶŐ;йĂŶĚƉŽƉƵůĂƟŽŶͿ 5 to 14 Unavailable ƩenĚinŐ ^ĐŚool ;йͿ 5 to 14 Unavailable oŵbininŐ toƌŬ anĚ ^ĐŚool ;йͿ 5 to 14 Unavailable WƌiŵaƌLJ oŵƉleƟon Zate ;йͿ 99.7 ^ŽƵƌĐĞĨŽƌƉƌŝŵĂƌLJĐŽŵƉůĞƟŽŶƌĂƚĞ͗ĂƚĂĨƌŽŵϮϬϭϯ͕ƉƵďůŝƐŚĞĚďLJhE^K/ŶƐƟƚƵƚĞĨŽƌ^ƚĂƟƐƟĐƐ͕ϮϬϭϲ͘;4Ϳ ĂƚĂǁĞƌĞƵŶĂǀĂŝůĂďůĞĨƌŽŵhŶĚĞƌƐƚĂŶĚŝŶŐŚŝůĚƌĞŶ͛ƐtŽƌŬWƌŽũĞĐƚ͛ƐĂŶĂůLJƐŝƐ͕ϮϬϭϲ͘;5Ϳ Based on a review of available information, Table 2 provides an overview of children’s work by sector and activity. Table 2. Overview of Children’s Work by Sector and Activity Sector/Industry Activity ŐƌiĐƵltƵƌe &aƌŵinŐ͕ aĐƟviƟeƐ ƵnŬnoǁn ;3, 6, 7Ϳ ,eƌĚinŐ ĐaƩle ;1-3, 8-10Ϳ ^eƌviĐeƐ^tƌeet ǁoƌŬ, inĐlƵĚinŐ venĚinŐ ;1Ϳ oŵeƐƟĐ ǁoƌŬ ;1, 3, 9, 10Ϳ toƌŬ in inĨoƌŵal baƌƐ, aĐƟviƟeƐ ƵnŬnoǁn ;10Ϳ dƌƵĐŬ Ěƌiveƌ aƐƐiƐtanĐe, inĐlƵĚinŐ ƵnloaĚinŐ ŐooĚƐ ;11Ϳ toƌŬ oƵtƐiĚe ƐƵƉeƌŵaƌŬetƐ, inĐlƵĚinŐ ĐaƌƌLJinŐ baŐƐ Ĩoƌ ĐƵƐtoŵeƌƐ ;11Ϳ ateŐoƌiĐal toƌƐt &oƌŵƐ &oƌĐeĚ laboƌ in ŚeƌĚinŐ ĐaƩle anĚ ĚoŵeƐƟĐ ǁoƌŬ, eaĐŚ ƐoŵeƟŵeƐ aƐ a ƌeƐƵlt oĨ ŚƵŵan tƌaĸĐŬinŐ ;9, 10Ϳ ‡ oĨ ŚilĚ >aboƌ oŵŵeƌĐial ƐedžƵal edžƉloitaƟon, ƐoŵeƟŵeƐ aƐ a ƌeƐƵlt oĨ ŚƵŵan tƌaĸĐŬinŐ ;8, 10Ϳ ‡ ŚilĚ laboƌ ƵnĚeƌƐtooĚ aƐ tŚe ǁoƌƐt ĨoƌŵƐ oĨ ĐŚilĚ laboƌ ƉĞƌƐĞƵnĚeƌ ƌƟĐle 3;aͿʹ;ĐͿ oĨ />K . 18Ϯ. Children in Botswana are possibly trafficked within the country for commercial sexual exploitation along major highways by truck drivers.(10) Two NGOs reported that children are engaged in cattle herding in remote rural villages, especially among the San population.(2, 8) UNICEF data published in 2016 reported that 9 percent of children in Botswana are engaged in child labor.(12) 2016 FINDINGS ON THE WORST FORMS OF CHILD LABOR 1 Botswana MODERATE ADVANCEMENT Primary education is free, and poor families receive free meals, toiletries, and school uniforms.(6, 13) Secondary school costs between $38 and $43 per year; however, poor families may receive a tuition exemption.(13, 14) According to UNICEF, 16 percent of children of primary school age are not attending school.(12) The Government has yet to collect and publish child labor data ot inform policies and social programs. II. LEGAL FRAMEWORK FOR THE WORST FORMS OF CHILD LABOR Botswana has ratified all key international conventions concerning child labor (Table 3). Table 3. Ratification of International Conventions on Child Labor Convention Ratification />K . 138, DiniŵƵŵ Őe />K . 18Ϯ, toƌƐt &oƌŵƐ oĨ ŚilĚ >aboƌ UE Z UE Z KƉƟonal WƌotoĐol on ƌŵeĚ onŇiĐt UE Z KƉƟonal WƌotoĐol on tŚe ^ale oĨ ŚilĚƌen, ŚilĚ WƌoƐƟtƵƟon anĚ ŚilĚ WoƌnoŐƌaƉŚLJ Waleƌŵo WƌotoĐol on dƌaĸĐŬinŐ in WeƌƐonƐ The Government has established laws and regulations related to child labor, including its worst forms (Table 4). However, gaps exist in Botswana’s legal framework to adequately protect children from child labor. Table 4. Laws and Regulations on Child Labor Meets International Standard Age Legislation Standards: Yes/No DiniŵƵŵ Őe Ĩoƌ toƌŬ No 15 ƌƟĐleƐ Ϯ anĚ 107 oĨ tŚe ŵƉloLJŵent Đt ;15Ϳ DiniŵƵŵ Őe Ĩoƌ ,anjaƌĚoƵƐ toƌŬ zeƐ 18 ƌƟĐleƐ Ϯ anĚ 110 oĨ tŚe ŵƉloLJŵent Đt ;15Ϳ /ĚenƟĮĐaƟon oĨ ,anjaƌĚoƵƐ zeƐƌƟĐleƐ Ϯ anĚ 108 oĨ tŚe ŵƉloLJŵent Đt͖ ^eĐƟon Ϯ4 oĨ tŚe KĐĐƵƉaƟonƐ oƌ ĐƟviƟeƐ WƌoŚibiteĚ ŚilĚƌen͛Ɛ Đt ;15, 16Ϳ Ĩoƌ ŚilĚƌen WƌoŚibiƟon oĨ &oƌĐeĚ >aboƌzeƐƌƟĐleƐ Ϯ anĚ 71 oĨ tŚe ŵƉloLJŵent Đt͖ ƌƟĐleƐ 175 anĚ Ϯ6Ϯ oĨ tŚe Wenal oĚe͖ ^eĐƟon 114 oĨ tŚe ŚilĚƌen͛Ɛ Đt͖ ƌƟĐleƐ 9 anĚ 10 oĨ tŚe nƟ-,Ƶŵan dƌaĸĐŬinŐ Đt ;15-18Ϳ WƌoŚibiƟon oĨ ŚilĚ dƌaĸĐŬinŐzeƐƌƟĐle 175 oĨ tŚe Wenal oĚe͖ ^eĐƟon 114 oĨ tŚe ŚilĚƌen͛Ɛ Đt͖ ƌƟĐleƐ 9 anĚ 10 oĨ tŚe nƟ-,Ƶŵan dƌaĸĐŬinŐ Đt ;16-18Ϳ WƌoŚibiƟon oĨ oŵŵeƌĐial ^edžƵal zeƐ^eĐƟonƐ Ϯ5 anĚ 57ʹ59 oĨ tŚe ŚilĚƌen͛Ɛ Đt ;16Ϳ džƉloitaƟon oĨ ŚilĚƌen WƌoŚibiƟon oĨ UƐinŐ ŚilĚƌen in /lliĐit zeƐ^eĐƟon 60 oĨ tŚe ŚilĚƌen͛Ɛ Đt ;16Ϳ ĐƟviƟeƐ DiniŵƵŵ Őe Ĩoƌ DilitaƌLJ ZeĐƌƵitŵent ^tate oŵƉƵlƐoƌLJ N/A* ^tate solƵntaƌLJ zeƐ 18 ^eĐƟon 17 oĨ tŚe otƐǁana eĨenĐe &oƌĐe AĐt ;19Ϳ Non-Ɛtate oŵƉƵlƐoƌLJ zeƐ 18 ^eĐƟon Ϯ6;ϮͿ oĨ tŚe ŚilĚƌen͛Ɛ AĐt ;16Ϳ oŵƉƵlƐoƌLJ ĚƵĐaƟon AŐeNo &ƌee WƵbliĐ ĚƵĐaƟon zeƐZeviƐeĚ NaƟonal WoliĐLJ in ĚƵĐaƟon, tŚite WaƉeƌ No. 1Ϯ oĨ 1994͖ ^eĐƟon 18 oĨ tŚe ŚilĚƌen͛Ɛ AĐt ;16, Ϯ0Ϳ * No ĐonƐĐƌiƉƟon ;Ϯ1Ϳ 2 BUREAU OF INTERNATIONAL LABOR AFFAIRS Botswana MODERATE ADVANCEMENT Under Botswanan law, children working without a contract do not benefit from minimum age protections. Although the Employment Act allows children at age 14 to conduct light work activities, the Government has yet to determine the types of light work activities permitted for children.(22) In addition, the Employment Act prohibits night work and hazardous underground work for children but fails to prohibit other types of hazardous work, including work with dangerous machinery, equipment, and tools.(15) Although the Government has made efforts to compile a comprehensive list of hazardous occupations in recent years, the list has yet to be approved.(23-25) III. ENFORCEMENT OF LAWS ON THE WORST FORMS OF CHILD LABOR The Government has established institutional mechanisms for the enforcement of laws and regulations on child labor, including its worst forms (Table 5). However, gaps in labor law and criminal law enforcement remain and some enforcement information is not available. Table 5. Agencies Responsible for Child Labor Law Enforcement Organization/Agency Role DiniƐtƌLJ oĨ >aboƌ anĚ ,oŵe nĨoƌĐe ĐŚilĚ laboƌ laǁƐ anĚ ƉoliĐieƐ. /n tŚe ĐaƐe oĨ tŚe oŵŵiƐƐioneƌ oĨ >aboƌ, aƵtŚoƌinjeĚ bLJ tŚe ŵƉloLJŵent AīaiƌƐ AĐt to ĐonĚƵĐt laboƌ inƐƉeĐƟonƐ.;6, 15, Ϯ3Ϳ &aĐilitate ĐooƌĚinaƟon ǁitŚ loĐal leaĚeƌƐ anĚ laǁ enĨoƌĐeŵent oĸĐeƌƐ͖ ƉoƐtƐ laboƌ inƐƉeĐtoƌƐ to iƐtƌiĐt oƵnĐil oĸĐeƐ to ĐaƌƌLJ oƵt tŚeiƌ ĚƵƟeƐ.;Ϯ6Ϳ iƐtƌiĐt anĚ DƵniĐiƉal nĨoƌĐe ĐŚilĚ laboƌ laǁƐ at tŚe loĐal levelƐ.;6Ϳ Det ƋƵaƌteƌlLJ ĚƵƌinŐ tŚe LJeaƌ.;Ϯ7Ϳ oƵnĐil ŚilĚ telĨaƌe iviƐionƐ otƐǁana WoliĐe ^eƌviĐe /nveƐƟŐate ĐaƐeƐ oĨ tŚe ǁoƌƐt ĨoƌŵƐ oĨ ĐŚilĚ laboƌ, inĐlƵĚinŐ ĐoŵŵeƌĐial ƐedžƵal edžƉloitaƟon oĨ ĐŚilĚƌen anĚ ĐŚilĚ tƌaĸĐŬinŐ.;3Ϳ DiniƐtƌLJ oĨ eĨenƐe, :ƵƐƟĐe, Donitoƌ ƐƵƐƉeĐteĚ ŚƵŵan tƌaĸĐŬinŐ ĐaƐeƐ anĚ leaĚ tŚe ,Ƶŵan dƌaĸĐŬinŐ ;WƌoŚibiƟonͿ oŵŵiƩee.;Ϯ8, Ϯ9Ϳ anĚ ^eĐƵƌitLJ ;D:^Ϳ Labor Law Enforcement In 2016, labor law enforcement agencies in Botswana took actions to combat child labor, including its worst forms (Table 6). Table 6. Labor Law Enforcement Efforts Related to Child Labor Overview of Labor Law Enforcement 2015 2016 >aboƌ /nƐƉeĐtoƌate &ƵnĚinŐ UnŬnoǁn* ;Ϯ6ͿΨ46,000 ;30Ϳ NƵŵbeƌ oĨ >aboƌ /nƐƉeĐtoƌƐ UnŬnoǁn* ;Ϯ6Ϳ 108 ;30Ϳ /nƐƉeĐtoƌate AƵtŚoƌinjeĚ to AƐƐeƐƐ WenalƟeƐ No ;3Ϳ No ;3Ϳ dƌaininŐ Ĩoƌ >aboƌ /nƐƉeĐtoƌƐ /niƟal dƌaininŐ Ĩoƌ Neǁ ŵƉloLJeeƐ UnŬnoǁn* ;Ϯ6Ϳ UnŬnoǁn ;3Ϳ dƌaininŐ on Neǁ >aǁƐ ZelateĚ to ŚilĚ >aboƌ UnŬnoǁn* ;Ϯ6Ϳ UnŬnoǁn ;3Ϳ ZeĨƌeƐŚeƌ oƵƌƐeƐ WƌoviĚeĚ No ;Ϯ6Ϳ UnŬnoǁn ;3Ϳ NƵŵbeƌ oĨ >aboƌ /nƐƉeĐƟonƐϮ50Ώ ;Ϯ6Ϳ 4,999‡ ;3Ϳ NƵŵbeƌ onĚƵĐteĚ at toƌŬƐite Ϯ50Ώ ;Ϯ6Ϳ 4,999‡ ;3Ϳ NƵŵbeƌ onĚƵĐteĚ bLJ eƐŬ ZevieǁƐ UnŬnoǁn* ;Ϯ6Ϳ UnŬnoǁn ;3Ϳ NƵŵbeƌ oĨ ŚilĚ >aboƌ siolaƟonƐ &oƵnĚ 0 ;Ϯ6Ϳ UnŬnoǁn ;3Ϳ NƵŵbeƌ oĨ ŚilĚ >aboƌ siolaƟonƐ Ĩoƌ tŚiĐŚ WenalƟeƐ teƌe /ŵƉoƐeĚ N/A ;Ϯ6Ϳ UnŬnoǁn ;3Ϳ NƵŵbeƌ oĨ WenalƟeƐ /ŵƉoƐeĚ dŚat teƌe olleĐteĚ N/A ;Ϯ6Ϳ UnŬnoǁn ;3Ϳ ZoƵƟne /nƐƉeĐƟonƐ onĚƵĐteĚzeƐ ;Ϯ6ͿzeƐ ;3Ϳ ZoƵƟne /nƐƉeĐƟonƐ daƌŐeteĚzeƐ ;Ϯ6ͿzeƐ ;3Ϳ UnannoƵnĐeĚ /nƐƉeĐƟonƐ WeƌŵiƩeĚzeƐ ;Ϯ6ͿzeƐ ;3Ϳ UnannoƵnĐeĚ /nƐƉeĐƟonƐ onĚƵĐteĚzeƐ ;Ϯ6ͿzeƐ ;3Ϳ oŵƉlaint DeĐŚaniƐŵ džiƐtƐzeƐ ;Ϯ6ͿzeƐ ;3Ϳ ZeĐiƉƌoĐal ZeĨeƌƌal DeĐŚaniƐŵ džiƐtƐ etǁeen >aboƌ AƵtŚoƌiƟeƐ anĚ ^oĐial ^eƌviĐeƐzeƐ ;Ϯ6ͿzeƐ ;3Ϳ * dŚe 'oveƌnŵent ĚoeƐ not ƉƵbliƐŚ tŚiƐ inĨoƌŵaƟon. 2016 FINDINGS ON THE WORST FORMS OF CHILD LABOR 3 Botswana MODERATE ADVANCEMENT Criminal Law Enforcement In 2016, criminal law enforcement agencies in Botswana took actions to combat the worst forms of child labor (Table 7). Table 7. Criminal Law Enforcement Efforts Related to the Worst Forms of Child Labor Overview of Criminal Law Enforcement 2015 2016 dƌaininŐ Ĩoƌ /nveƐƟŐatoƌƐ /niƟal dƌaininŐ Ĩoƌ Neǁ ŵƉloLJeeƐ UnŬnoǁn* ;Ϯ6Ϳ N/A ;3Ϳ dƌaininŐ on Neǁ >aǁƐ ZelateĚ to tŚe toƌƐt &oƌŵƐ oĨ ŚilĚ >aboƌzeƐ ;31ͿzeƐ ;3Ϳ ZeĨƌeƐŚeƌ oƵƌƐeƐ WƌoviĚeĚzeƐ ;31ͿzeƐ ;3Ϳ NƵŵbeƌ oĨ /nveƐƟŐaƟonƐ UnŬnoǁn* ;Ϯ6Ϳ 9 ;3Ϳ NƵŵbeƌ oĨ siolaƟonƐ &oƵnĚ UnŬnoǁn* ;Ϯ6Ϳ 14 ;3Ϳ NƵŵbeƌ oĨ WƌoƐeĐƵƟonƐ /niƟateĚ UnŬnoǁn* ;Ϯ6Ϳ 14 ;3Ϳ NƵŵbeƌ oĨ onviĐƟonƐ UnŬnoǁn* ;Ϯ6Ϳ UnŬnoǁn ;3Ϳ ZeĐiƉƌoĐal ZeĨeƌƌal DeĐŚaniƐŵ džiƐtƐ etǁeen ƌiŵinal AƵtŚoƌiƟeƐ anĚ ^oĐial ^eƌviĐeƐzeƐ ;Ϯ6ͿzeƐ ;3Ϳ * dŚe 'oveƌnŵent ĚoeƐ not ƉƵbliƐŚ tŚiƐ inĨoƌŵaƟon. In 2016, the Botswana Police Service launched an investigation into the sex worker population at the Kazungula border with Zambia and Zimbabwe for possible victims of human trafficking; no human trafficking cases were found.(29) The Ministry of Defense, Justice, and Security (MDJS)
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