Botswana’s new Employment and Labour Relations Act risks attracting damaging international scrutiny unless lawmakers tighten provisions dealing with child labour, according to Botswana Chamber of Mines Chief Executive Officer Charles Siwawa.
Speaking during a panel discussion titled ‘Rights on Paper or Rights in Practice? Botswana’s Readiness to Enforce Fair Labour Standards under the New Employment and Labour Relations Act,’ Siwawa said the legislation generally posed little risk to the mining industry but warned that one section could undermine Botswana’s reputation in global markets.
‘The risk that I picked up, it’s a small risk. I don’t think it’s a major one,’ Siwawa said. ‘If you look at the section on child labour, to me, we probably need to rewrite that.’
Siwawa argued that while the Act prohibits child labour, it weakens that message by creating circumstances under which children may be employed in non-hazardous work. ‘You cannot legislate child labour. In other words, you are saying you want to employ children, because the perception internationally is going to be very difficult for you. You cannot get away from it,’ he said.
His remarks come as Botswana prepares to implement sweeping labour reforms aimed at strengthening workers’ rights and bringing domestic labour laws closer to international standards. For the country’s mining industry, which exports diamonds and minerals into markets where environmental, social and governance (ESG) standards are increasingly scrutinised, perceptions of labour practices carry significant commercial consequences.
He pointed to the Democratic Republic of Congo as an example of how allegations of child labour can overshadow an industry’s economic importance. ‘The Democratic Republic of Congo… is the largest producer of cobalt. But the challenge is the perception that they use child labour to produce that cobalt,’ he said.
Although he acknowledged that the drafters of the legislation may have had reasons for including the provision, Siwawa said Botswana should adopt a simpler and more unequivocal approach.
‘Maybe the proponents of that, or who authored that section, had a reason to go that route. But you cannot legislate child labour.’
Instead of allowing limited exceptions, he argued that the law should contain an absolute prohibition. ‘If we could only stop with Section 6(2), where it says, ‘No child labour.’ But not to then go on and say, ‘Yes, but you can employ child labour if they don’t work in hazardous areas, etc.’ No. Just stop there. No child labour.’
His comments underscore the balancing act facing Botswana as it seeks to modernise labour protections while preserving its standing as a responsible mining jurisdiction. For exporters competing in increasingly ESG-conscious global markets, legal wording can carry consequences that extend well beyond the workplace, shaping investor confidence, buyer perceptions and the country’s international reputation.