ILO retains Botswana in the rogue list
Sao Paulo, Brazil: Botswana has once again listed among over 100 countries that continue to violate International Labour Organisation ( ILO) standards. In a 1000 page released by ILO this week, Botswana is listed among rogue nations such as Iraq, Yemen, Kuwait, Libya, Syria, Bangladesh, Eswatini and Zimbabwe that do not respect workers’ rights and violate ILO convections. The Committee of Experts on the Application of Conventions and Recommendations listed Botswana for violating three convections; C105, C138 and 182.
Convention 105 is on abolition of forced labour which was ratified in 1997. The committee wants the government of Botswana to amend Section 51 which provides for sedition charges. “In its previous comments, the Committee noted that a number of provisions of the Penal Code are worded in terms broad enough to land themselves to application as a means of punishment for the expression of views. It referred to offences under Sections 47 and 48 , publications prohibited by the President as being contrary to public interest; Section 51 ( 1)( c), ( d) and ( 2), of seditious offences; raising discontent or disaffection amongst the inhabitants being considered a seditious intention,” states the report. This is the section that was used to charge Sunday Standard Editor, Outsa Mokone for sedition in 2016. This was after his paper reported a story alleging the former president was involved in a freak accident whilst driving himself. The sedition carries a maximum of three years in jail.
The ILO report urges the government to amend the said controversial pieces of the Penal Code. “The Committee expresses the firm hope that the necessary measures will be taken to amend sections 47, 48, 51( 1)( c), ( d) and ( 2), sections 66- 68, as well as other sections in the Penal Code, so as to ensure that no penalties involving compulsory labour be imposed for expression. Of political views or views opposed to the established system, for example by restricting the scope of application of these provisions to situations of violence, incitement to violence, or engagement in preparatory acts aimed at violence. The Committee request the government to provide information on the developments made in this regard,” states the report.
The Committee further made comments on convection 138 which is about minimum age and convection 182 about elimination of child labour and protection of young persons. It raises concerns that child labour still exists in Botswana more especially in commercial and agricultural sector. “The Committee expresses the firm hope that the government will take the necessary measures to ensure that the Labour Law bill, which provides protection to all children carrying out economic activities even without an employment contract, particularly children working on a self- employed basis or in the informal economy, including in agriculture, will be adopted in the near future.” It reads.
“The Committee further requests the government to take the necessary measures to strengthen the capacity and extend the reach of the labour inspection services to better monitor the work performed by young persons in the informal economy, particularly in the agricultural sector and cattle herding, and to provide specific information on actions taken in this regard. the report states. It further requires that government should also take necessary steps to make sure children are prevented from engagement in prostitution. “The Committee urges the government to take necessary measures to prevent the engagement of children in prostitution, and to remove them from this worst of child labour as well as to rehabilitate and socially integrate them. It requests the government to provide information on the measures taken in this regard, as well as on the number of children under 18 years of age who have been removed form prostitution and provided with appropriate care and assistance,” states the report. This is not the first time that Botswana was reported over violations of ILO conventions. In 2016, the country was reported by BFTU to ILO for violating convention 87 and 98 by refusing to allow Prison Officers to join or form unions.