Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Forced Labour Convention, 1930 (No. 29) - Zambia (Ratification: 1964)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement and penalties. The Committee previously noted the information in the report of the Special Rapporteur on violence against women, its causes and consequences, of 2 May 2011, that trafficking occurs within Zambia’s borders where women and children from rural areas are exploited in cities in involuntary domestic servitude or other types of forced labour (A/HRC/17/26/Add.4, paragraph 27). It also noted that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 19 September 2011, expressed concern that Zambia remains a country of origin, destination and transit for the trafficking of persons (CEDAW/C/ZMB/CO/5-6, paragraph 23). The Committee requested the Government to take measures in this regard, and to provide information on the application of the Anti-Human Trafficking Act (2008) in practice.

The Committee notes the Government’s statement that it acknowledges that trafficking is a problem in the country, and that due to current data collection impediments, it is unable to provide comprehensive statistics on trafficking. However, the Government indicates that, according to the anti-trafficking secretariat, two cases have been successfully prosecuted, and the convicted persons are awaiting sentencing. Additionally, the Government indicates there are nine cases pending. The Committee also notes the Government’s indication that the ILO and the Ministry of Labour and Social Security have, in conjunction with the Immigration Department and the Ministry of Home Affairs, conducted capacity building workshops relating to the investigation and prosecution of suspected cases of trafficking. The Government indicates that labour officers carry out joint inspections with the Ministry of Home Affairs in this regard. The Committee requests the Government to pursue its efforts to ensure that thorough investigations and effective prosecutions are carried out against those who commit the offence of trafficking in persons, including internal trafficking. It requests the Government to continue to provide information on measures taken in this regard. The Committee further requests the Government to continue to provide information on the application of the Anti-Human Trafficking Act in practice, particularly the number of investigations, prosecutions, convictions and the specific penalties applied.

2. National Plan of Action. The Committee previously noted the adoption of the National Plan of Action to Combat Human Trafficking, and that the Government was taking measures to establish an inter-ministerial committee on trafficking.

The Committee notes the Government’s statement that it has made progress in establishing the National Committee on Human Trafficking, which comprises of 12 ministries, as well as NGOs. In addition, the Ministry of Community Development has established 12 district coalitions that carry out awareness raising campaigns concerning the dangers of human trafficking. The Committee also notes that the Government is receiving support from the UN Joint Programme on Human Trafficking (consisting of the ILO, UNICEF and the International Organization for Migration) for the implementation of the National Plan of Action to Combat Human Trafficking. It further notes that the Ministry of Labour and Social Security hosted in November 2013, the ILO Conference on Forced Labour and Human Trafficking in Africa, which aim to assess current responses to trafficking and document good practices. The Committee requests the Government to pursue its efforts, within the framework of the National Plan of Action to Combat Human Trafficking, and with its international partners, to prevent, suppress and combat trafficking in persons. It requests the Government to continue to provide information on the specific measures taken in this regard, as well as the results achieved.

3. Protection and assistance to victims. The Committee previously noted the rising number of identified trafficking victims, from eight victims in 2009 to 53 victims in 2010. It requested information on measures taken to assist such victims.

The Committee notes the information in the Government’s report that victims of the trafficking cases that are pending include persons from South Asia being trafficked through Zambia for labour exploitation in South Africa, as well as victims from Somalia trafficked for unknown reasons. The Government states that measures to assist victims of trafficking include free legal services and their exemption from criminal investigations if a crime is committed during the course of their exploitation. The Government also indicates that the anti-trafficking legislation prohibits the summary deportation of victims of trafficking, and allows victims to apply for a non-renewable permit to remain in the country for up to 60 days. Moreover, it indicates that it is developing a national referral mechanism. The Committee requests the Government to strengthen its efforts to provide protection and assistance to victims of trafficking, and to provide information on the measures taken in this regard in its next report, particularly progress with regard to the development of a national referral mechanism. It also requests the Government to provide information on the number of persons benefiting from appropriate services, including the number of victims of trafficking receiving free legal assistance.

The Committee is raising other points in a request addressed directly to the Government.