Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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. In its earlier comments, the Committee noted 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. It also noted that the country remains a country of origin, destination and transit for the trafficking of persons.

The Committee notes the Government’s indication in its report that two cases of trafficking have been prosecuted under the Anti-Human Trafficking Act (2008). Both cases involved Zambian men who had sold their children to Tanzanian individuals. The convicted men are being held in prison pending High Court sentencing and the children were rescued. The Government adds that there are currently nine cases pending under the Anti-Human Trafficking Act. Victims include South Asians being trafficked through Zambia for labour exploitation in South Africa as well as a male Somali teenager. The Government also indicates that immigration and police officials noted that traffickers are often convicted under immigration violations for lack of sufficient evidence to prosecute under anti-trafficking legislation. A well-publicized case of a Namibian immigration official who was accused of trafficking Zambian children for labour, falls into this category. The Government further states that prosecutors are generally able to show transportation of a victim and sometimes able to prove recruitment, but often lack information on exploitation that may be planned for when a victim would arrive at the final destination. Another obstacle to prosecution is the fact that traffickers often flee the scene before they can be arrested. While noting the obstacles facing prosecutors in cases related to trafficking in persons, the Committee notes that the Government has benefited from the assistance of the International Labour Organization (ILO), the International Organization for Migration (IOM), and the United Nations Children’s Fund (UNICEF) within the framework of an European Commission-funded project, with the objective of providing training and capacity building to the social partners and labour inspectors on trafficking, and strategies for empowering workers and their families against cases of trafficking. The Committee further notes the Government’s indication in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that a certain number of activities have been implemented within the framework of the Joint Programme under the IOM’s Counter Trafficking Assistance Programme, including: the reinforcement of capacities of the law enforcement bodies and civil society to operationalize the Anti-Trafficking Law of 2008, such as providing training for enforcement officers and developing a standard operating procedure for law enforcement in handling cases related to trafficking in persons.

The Committee therefore requests the Government to take the necessary measures to strengthen the capacity of the law enforcement officials, including labour inspectors, prosecutors and police officers, to enable them to identify effectively cases of trafficking in persons and to gather the necessary evidence to support criminal prosecution. The Committee also requests the Government to continue providing information on the application in practice of the Anti-Human Trafficking Act, including information on the number of investigations, prosecutions and the penalties imposed.

2. National Plan of Action. In its previous comments, the Committee requested the Government to provide information on the results achieved within the framework of the National Plan of Action to Combat Human Trafficking (2012–15). The Committee notes the Government’s indication that proactive measures have been taken to tackle trafficking in persons, and progress has been made in establishing a National Committee on Human Trafficking which is headed by the Ministry of Home Affairs and comprises 12 ministries. The Government also states that financial constraints, lack of technical knowledge, lack of vehicles to conduct investigations and corruption by government officials remain the major impediments for the fight against trafficking in persons. The Government also adds that it continues to work closely with international organizations and non-government organizations (NGOs) to advance anti-trafficking efforts. The Committee requests the Government to pursue its efforts to prevent, suppress and combat trafficking in persons. It also requests the Government to provide information on the measures taken by the National Committee on Human Trafficking to combat trafficking and to indicate whether a new national plan of action to combat human trafficking has been elaborated.

3. Protection and assistance to victims. In its previous comments, the Committee requested 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. The Committee notes the Government’s indication that plans are under way to secure land for a Lusaka-based shelter this year and start construction next year, but it may lack financial means to transport victims to the shelter. The Government also refers to a series of obstacles with regard to the protection of victims, including a lack of adequate shelter and counselling facilities as well as insufficient government transportation and fuel. In addition, the Committee notes that measures are being taken to ensure that future shelters have the appropriate level of security which temporary shelters run by NGOs are often unable to provide. With regard to the compensation provided for victims of trafficking, the Government indicates that the Anti-Trafficking Act allows courts to order a person convicted of trafficking to pay reparations to victims for damage to property, physical, psychological or other injury, or loss of income and support. While noting the difficulties identified by the Government with regard to the protection and assistance to victims of trafficking, the Committee observes that within the framework of the Joint Programme under the IOM’s Counter Trafficking Assistance Programme, a certain number of actions have been carried out, including: direct assistance to victims of trafficking; the provision of safe and secure shelters; medical and psycho-social care; and repatriation and reintegration assistance. The Committee therefore 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. It also requests the Government to provide statistical information on the number of victims, who have benefited from the abovementioned services.

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