VZCZCXRO0489
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHOR #0052/01 0201006
ZNR UUUUU ZZH
R 201006Z JAN 09
FM AMEMBASSY GABORONE
TO RUEHC/DEPT OF LABOR WASHDC
RUEHC/SECSTATE WASHDC 5490
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHGV/USMISSION GENEVA 0335
RHMFISS/HQ USAFRICOM STUTTGART GE

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 
 
 
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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