Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Forced Labour Convention, 1930 (No. 29) - Botswana (Ratification: 1997)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1 National Plan of Action. The Committee notes the Government’s information in its report that within the framework of the Anti-Human Trafficking National Action Plan (2018–2022) the Anti-Human Trafficking Technical Committee was established with the mandate to implement and monitor targeted trafficking in persons campaign activities and promotional materials that are developed and disseminated to the general public; several awareness-raising campaigns on human trafficking were conducted across the country, including at schools; and joint collaboration between inter-government and civil society on anti-human trafficking programmes were established. The Government also indicates that due to the inadequate and insufficient information and data on the key factors that lead to trafficking in persons, it has been difficult to accurately assess the risk factors, resulting in the failure to identify vulnerable populations who are at higher risk of being trafficked, thereby weakening preventive measures.

The Committee also notes from the National Report submitted to the United Nations Human Rights Council (HRC) in March 2023 that a National Drafting Committee was established to develop the Anti-Human Trafficking National Action Plan (2023–2028) (A/HRC/WG.6/43/BWA/1). The Committee requests the Government to continue its efforts to combat trafficking in persons and to provide information on the measures taken to address the difficulties relating to the assessment of the risk factors contributing to the trafficking of persons and take the relevant preventive measures. The Committee also requests the Government to provide information on the adoption and implementation of the Anti-Human Trafficking National Action Plan (2023–2028), including information on the assessment of the results achieved and the difficulties encountered.

2. Prosecution and application of sanctions. In response to its previous comments on the measures taken to strengthen the capacities of the law enforcement officials, the Committee notes the Government’s information on the training delivered to police officers on human trafficking as well as the workshops conducted to sensitize police officers and the Special support group on human trafficking investigation techniques as well as a workshop to train social workers. The Government indicates that 39 cases of trafficking of persons were investigated, of which 11 cases have been completed and three convictions were handed down with penalties involving imprisonment, ranging from nine months to ten years. In this respect, the Government also refers to prolonged investigations and the lack of courts and units specializing in human trafficking as challenges in judicial proceedings relating to trafficking cases.

Furthermore, the Committee takes due note that the Anti-Human Trafficking Act of 2014 has been amended by the Anti-Human Trafficking (Amendment) Act of 2024, thereby elaborating the definition of “exploitation” and “forced labour” and including the phrase “for the purpose of exploiting another person” within the offence of trafficking in persons under section 9. In addition, the penalties have been amended, by removing the option of fines and increasing the term of imprisonment for up to 30 years. The Committee requests the Government to continue to take the necessary measures to overcome the challenges identified in the judicial proceedings related to trafficking in persons, including by strengthening the capacity of the law enforcement authorities to: (i) identify situations that could amount to trafficking in persons as defined under the Anti-Human Trafficking (Amendment) Act of 2024; and (ii) proactively investigate cases in order to gather the information and evidence required to prosecute the perpetrators. It requests the Government to continue providing updated information on the investigations carried out, the prosecutions initiated and the convictions and penalties handed down for offences relating to trafficking in persons.

Article 2(2)(c). Work of prisoners for the benefit of private individuals. For many years, the Committee has been requesting the Government to take the necessary measures to amend section 95(1) of the Prisons Act (Cap. 21:03), under which a prisoner may be employed outside a prison under the immediate order and for the benefit of a person other than a public authority. The Committee notes the Government’s information that the Botswana Prisons Services has drafted an agreement and consent form which will ensure compliance of section 95(1) of the Prisons Act with the Convention. The Government indicates that this agreement and form will soon be submitted to the Attorney General for vetting and clearance.

The Committee recalls that any work performed by prisoners for private entities must be carried out voluntarily, with their formal, free and informed consent. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the agreement and consent form for the employment of prisoners will be adopted soon. It requests the Government to provide information on any progress made in this regard as well as to provide a copy of the agreement and consent form, once it has been adopted.