Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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 the obstacles facing prosecutors in cases related to trafficking in persons, such as lack of sufficient evidence to prosecute under anti-trafficking legislation and lack of information on exploitation of the victim. It also noted that the Government had benefited from the assistance of the ILO, the International Organization for Migration (IOM), and the United Nations Children’s Emergency 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 defining strategies for empowering workers and their families to combat trafficking in persons. The Committee further noted the activities 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-Human Trafficking Act of 2008. It requested the Government to take the necessary measures to enable the law enforcement officials to identify effectively cases of trafficking in persons and to gather the necessary evidence to support criminal prosecution.

The Committee notes the detailed information provided by the Government in its report on the various measures taken by the National Prosecution Authority (NPA) in building the capacities of the law enforcement officials and prosecutors to deal with cases related to trafficking in persons. In this regard, the Committee notes that the NPA, in cooperation with the United Nations Office on Drugs and Crime (UNODC) as well as in partnership with regional bodies, such as the Conference of Western Attorneys General–African Alliance Partnership (CWAG–AAP), the Asset Recovery Inter-Agency Network for Southern Africa (ARINSA), the African Prosecutors Association (APA), and the Southern African Development Community (SADC) and other national and international bodies, conducted various training programmes and capacity-building activities for law enforcement officials and designed initiatives to enhance the prosecutorial services and investigation techniques of trafficking in persons cases across the country. It also notes the Government’s information that such cooperation has enabled it to create a platform for exchanging information and gathering statistics, data and other relevant information on trafficking in persons within the country. It also notes that within the partnership with the APA, the NPA has benefited from the training provided by the International Law Enforcement Agency (ILEA). The Committee further notes the Government’s reference to the UNODC–Zambia Cooperation Project on trafficking in persons, launched in March 2019, which aims to sensitize key stakeholders on UNODC’s counter trafficking cooperation project and to establish partnership with national authorities to guide its implementation.

Furthermore, the Committee notes the Government’s information that the application of the Anti-Human Trafficking Act is carried out through the activities of the National Committee and National Secretariat on Human Trafficking within the Ministry of Home Affairs. These structures coordinate the prosecution of trafficking in persons cases countrywide, report on trafficking in persons activities undertaken by the NPA and gather statistical data on trafficking in persons. Moreover, the National Committee has also conducted several training programmes and capacity-building workshops for labour officers and other law enforcement officials to prevent, suppress and combat trafficking in persons. The Committee also notes the Government’s statement that the decentralization of the NPA across the country and the subsequent incorporation of Public Prosecutors has been a proactive approach to prosecution whereby all prosecutors are directly supervised by a State Advocate. This has greatly minimized the delays in disposal of matters owing to the absence of qualified and trained advocates. The Committee further notes the Government’s indication that the NPA prosecuted eight cases of trafficking in persons while currently nine cases of trafficking in persons are pending under the Anti-Human Trafficking Act. The Committee requests the Government to continue to provide information on the application in practice of the Anti-Human Trafficking Act, including in particular, information on the number of investigations, prosecutions and convictions, as well as specific penalties imposed. It also requests the Government to continue providing information on the activities of the NPA in strengthening the capacity of the law enforcement officials in their fight against trafficking in persons as well as the activities of the National Committee and National Secretariat on Human Trafficking within the framework of the Anti-Human Trafficking Act.

2. National Plan of Action. In its previous comments, the Committee requested the Government to indicate whether a new national plan of action to combat human trafficking had been elaborated. The Committee notes the Government’s information that the National Inter-Ministerial Committee with support from the IOM revised and updated the National Action Plan on Human Trafficking, Mixed and Irregular Migration, 2018–21 which is aligned with the Seventh National Development Plan and the Anti-Human Trafficking Act. It further notes the Government’s information that in June 2019, four subcommittees on protection, prevention, prosecution and partnerships, were established to coordinate the activities against trafficking of persons. The Committee requests the Government to provide detailed information on the actions taken within the framework of the National Action Plan on Human Trafficking, Mixed and Irregular Migration, 2018–21, and their impact in combating trafficking in persons and the results achieved.

3. Protection and assistance to victims. In its previous comments, the Committee noted certain difficulties identified by the Government concerning the protection and assistance provided to victims of trafficking. It also noted that within the framework of the Joint Programme under the IOM’s Counter Trafficking Assistance Programme, a certain number of actions were carried out, including in the following areas: direct assistance to victims of trafficking; the provision of safe and secure shelters; medical and psychosocial care; and repatriation and reintegration assistance. The Committee requested the Government to strengthen its efforts to provide protection and assistance to victims of trafficking, and to supply information on the measures taken in this regard as well as on the number of victims who have benefited from such measures.

The Committee notes the Government’s information that the Ministry of Community Development and Social Services (MCDSS) in collaboration with other civil society and international organizations undertook a number of measures to provide protection and assistance to victims of forced labour and trafficking. These measures include:

• -building and refurbishing of places of safety: the Government indicates that currently there are six places of safety in six districts and that it is envisaged to build such places of safety in other districts;
• -the Best Interest Determination Guidelines for the Protection of Migrant Children has been launched;
• -a National Referral Mechanism to deal with victims of trafficking and vulnerable migrants has been developed;
• -National and District Committees on Human Trafficking to identify victims of trafficking have been replicated at the border towns of Sesheke, Mbala, Nakonde and Mpulungu;
• -a Communication Strategy and Campaign on Safe Migration have been launched to enhance strategies aimed at preventing trafficking in persons as well as to sensitize traditional leaders and the general public to prevent unsafe migration.

The Committee strongly encourages the Government to continue to take effective measures to ensure that victims of trafficking are identified, including through the National and District Committees on Human Trafficking and the National Referral Mechanism, and provided with adequate protection and assistance. It requests the Government to provide information on the number of victims of trafficking who have been identified and provided protection and assistance at the places of safety.

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