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

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

Articles 1(1) and 2(1) of the Convention. National service obligations. The Committee previously noted that certain provisions of the National Service Act, 1971, permit compulsory national service of a non-military character. Section 3 of the National Service Act establishes the Zambia National Service, with the function of, inter alia, training citizens to serve the Republic and the employment of service members in tasks of national importance. Section 7 provides that citizens between the ages of 18 and 35 shall be liable to have their names in the National Service register and may be called upon to serve. The Committee recalled that Article 2(2)(a) of the Convention only permits compulsory work exacted by virtue of compulsory military service laws if such work or service is of a purely military character. In this regard, it noted the Government’s indication that the National Service Act was under review in order to bring it into conformity with the recent constitutional amendment.

The Committee notes the Government’s statement in its report that the National Service Act is still undergoing revision. The Committee therefore, once again expresses the firm hope that the Government will take the necessary measures to ensure that the National Service Act, 1971, is amended so as to bring it into conformity with the Convention.

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

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.

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

Articles 1(1) and 2(1) of the Convention. National service obligations. The Committee previously noted that certain provisions of the National Service Act, 1971, permit compulsory national service of a non-military character. Section 3 of the National Service Act establishes the Zambia National Service, with the function of, inter alia, training citizens to serve the Republic and the employment of service members in tasks of national importance. Section 7 provides that citizens between 18 and 35 shall be liable to have their names in the National Service register and may be called upon to serve. The Committee requested the Government to take the necessary measures to repeal the National Service Act, 1971, to be in conformity with the Convention.

The Committee notes the Government’s indication in its report that the National Service Act is under review in order to bring it into conformity with the recent constitutional amendment. The Committee recalls once again that Article 2(2)(a) of the Convention only permits compulsory work exacted by virtue of compulsory military service laws if such work or service is of a purely military character. The Committee therefore trusts that the Government will take the necessary measures to ensure that the National Service Act, 1971, is amended so as it bring it into conformity with the Convention.

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

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.

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

Articles 1(1) and 2(1) of the Convention. National service obligations. The Committee previously noted that certain provisions of the National Service Act 1971 permit compulsory national service of a non-military character. Section 3 of the National Service Act establishes the Zambia National Service, with the function of, inter alia, training citizens to serve the Republic and the employment of Service members in tasks of national importance. Section 7 provides that citizens between 18 and 35 shall be liable to have their name in the National Service register and may be called upon to serve. The Government had repeatedly indicated that, for many years, there had been no compulsion in practice to serve in the National Service or to enlist for service by compulsion. In this regard, the Committee noted the Government’s indication that measures would be taken to repeal the National Service Act.

The Committee notes the Government’s statement that the repeal of the National Service Act has not yet been passed by Parliament. The Committee once again recalls that Article 2(2)(a) of the Convention only permits compulsory work exacted by virtue of compulsory military service laws if this work is of a purely military character. Therefore, while noting the Government’s indication that the compulsory national service provisions are not used in practice, the Committee reiterates its hope that the National Service Act, 1971, will soon be repealed to achieve legislative conformity with the Convention and the indicated practice.

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

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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1(1) and 2(1) of the Convention. 1. National service obligations. The Committee previously noted that certain provisions of the National Service Act 1971 permit compulsory national service of a non-military character. Section 3 of the National Service Act establishes the Zambia National Service, with the function of, inter alia, training citizens to serve the Republic and the employment of Service members in tasks of national importance. Section 7 provides that citizens between 18 and 35 shall be liable to have their name in the National Service register and may be called upon to serve. The Government had repeatedly indicated that, for many years, there had been no compulsion in practice to serve in the National Service or to enlist for service by compulsion. In this regard, the Committee noted the Government’s indication that measures would be taken to repeal the National Service Act.

The Committee notes the Government’s statement that compulsory military conscription ended in 1983. However, the Committee notes an absence of information in the Government’s report regarding measures to repeal the National Service Act. The Committee recalls that Article 2(2)(a) of the Convention only excludes service exacted by virtue of compulsory military service laws from the prohibition of forced labour if such service is of a purely military character, and that the use of conscripts for non-military purposes is only permitted in cases of emergency. Therefore, while noting the Government’s indication that the compulsory national service provisions are not used in practice, the Committee reiterates its hope that the National Service Act, 1971, will soon be repealed to achieve legislative conformity with the Convention and the indicated practice.

2. Community development schemes. The Committee previously noted that, pursuant to paragraph 20 of the Second Schedule (section 61) of the Local Government Act (No. 22 of 1991), schemes for the encouragement of, and participation in, community development may be prepared and administered by a city, municipal or district council. The Government indicated that such schemes, from which communities derived direct benefit, were adopted in consultation with the communities concerned. It also stated that any project conducted in the communities was implemented only on a voluntary basis. The Government indicated that it was implementing the Community Development Fund, and the Committee requested information on the guidelines for the implementation of projects under this fund.

The Committee notes the Government’s statement that the provisions relating to community development of Act No. 22 of 1991 provide for service delivery by the councils to the local communities. The Government indicates that these provisions do not aim to encourage the participation of communities in development matters, but relate to the provision of social goods and services to communities. The Committee also notes the Government’s indication that the Community Development Fund is now called the Women Empowerment Programme, and that funds are provided to community projects linked to community clubs. The Committee observes that participation in projects through the Women Empowerment Programme is voluntary: women’s organizations may apply for grants by submitting a project proposal on the venture, and these organizations are responsible for the implementation of these ventures.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National Plan of Action. The Committee previously noted the adoption of the National Plan of Action to Combat Human Trafficking, and requested information on its implementation in practice. The Committee notes the information in the Government’s report that the implementation of this Plan of Action has included research on the nature and extent of internal trafficking for domestic labour, as well as training programmes on human trafficking and forced labour and the development of a toolkit on forced labour and human trafficking, including several resources for employers in Zambia. The Government also indicates that it is taking measures to establish the Inter-ministerial Committee on Human Trafficking. The Committee requests the Government to pursue its efforts, within the framework of the National Plan of Action to Combat Human Trafficking to prevent, suppress and combat trafficking in persons, including internal trafficking, and to provide information on the measures taken in this regard and the results achieved. The Committee also requests the Government to provide information from the research conducted on internal trafficking for the purpose of domestic labour, once completed.

2. Protection and assistance to victims. The Committee previously noted that sections 34, 37, 40–47 and 58 of the Anti-Human Trafficking Act provided for measures related to victim protection. It requested information on the application of these provisions in practice. The Committee notes the information in the Government’s report that the number of identified victims of trafficking increased significantly from eight victims in 2009 to 53 victims in 2010. The Committee also notes the Government’s statement that it is granting temporary residence permits to victims of trafficking who are willing to cooperate with law enforcement officials, pursuant to section 34 of the Anti-Human Trafficking Act. The Committee further takes due note of the Government’s indication that, pursuant to sections 37 and 40–47 of the Anti-Human Trafficking Act, the Government works with non-governmental organizations to provide victims of trafficking with shelter, food, clothing, counselling, medical services and security. The Government states that it is collaborating with a non-governmental organization to build a modern shelter for victims of trafficking, and that the Immigration Department collaborates with the International Organization for Migration (IOM) to repatriate victims of trafficking to their countries of origin.

Lastly, the Committee notes the Government’s indication that there have been no records of rulings from the courts pursuant to section 58 of the Anti- Human Trafficking Act, which allows the court to impose on the offender the obligation to pay compensation to trafficking victims. Observing the rising number of trafficking victims identified in the country, the Committee encourages the Government to pursue its efforts to provide protection and assistance to victims of trafficking, and to provide information on the number of persons benefiting from these services. The Committee also requests the Government to provide information on the measures taken or envisaged to provide legal assistance to victims of trafficking so they can assert their rights and be compensated for the damage suffered, pursuant to section 58 of the Anti-Human Trafficking Act.

3. Law enforcement and penalties. The Committee previously noted the adoption of the Anti-Human Trafficking Act (No. 11 of 2008), and it requested information on the application of the Act in practice. The Committee notes the information in the Government’s report that in 2009, three persons were prosecuted for trafficking in persons (in two cases) involving eight victims. In 2010, while eight suspects were identified in five separate cases (involving 53 victims), only two persons have thus far been prosecuted. The Committee also observes that, according to the information in the Government’s report, in the years 2010 and 2011, no convictions were secured under the Anti-Human Trafficking Act.

The Committee also notes the indication of the International Trade Union Confederation (ITUC), in a report entitled “Internationally Recognized Core Labour Standards in Zambia: Report for the WTO General Council Review of the Trade Policies of Zambia”, produced in July 2009, that despite the legislative prohibition, trafficking in persons remains a problem in practice. The Committee further notes that the Special Rapporteur on violence against women, its causes and consequences, in a report concerning her mission to Zambia presented to the Human Rights Council of 2 May 2011, indicated that trafficking occurs within the country’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). Moreover, the Committee notes that the Committee on the Elimination of Discrimination against Women (CEDAW), 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 therefore requests the Government to take the necessary measures 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 provide information on measures taken in this regard, including measures to provide appropriate training for law enforcement officials, border officials and the judiciary in order to strengthen their capacity to address this issue. Lastly, the Committee requests the Government to continue to provide information on the application of the Anti-Human Trafficking Act in practice, particularly the number of cases of trafficking detected, investigations, prosecutions, convictions and the specific penalties applied.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1(1) and 2(1) of the Convention. 1. National service obligations. For a number of years, the Committee has been referring to certain provisions of the National Service Act, 1971, concerning compulsory national service. The Committee noted the Government’s repeated statement in its reports that there had been no compulsion to serve in the National Service or to enlist for service by compulsion. It also noted the Government’s indication that measures had been taken to repeal the 1971 Act. The Committee reiterates its hope that the National Service Act, 1971, will soon be repealed and the legislation will be brought into conformity with the Convention and the indicated practice.

2. Community development schemes. The Committee previously noted that, pursuant to paragraph 20 of the Second Schedule (section 61) of the Local Government Act (No. 22 of 1991), schemes for the encouragement of and participation in, community development may be prepared and administered by a city, municipal or district council. The Government indicated that such schemes, from which communities derived direct benefit, were adopted in consultation with the communities concerned. It also stated that any project conducted in the communities was implemented only on a voluntary basis.

In its 2008 report, the Government indicated that a project called Community Development Fund was in the process of being implemented and that, although there were guidelines on its implementation, there were no legal documents establishing the project. While noting these indications, the Committee requests the Government to provide a copy of the guidelines concerning the project referred to above, as well as the information on its application in practice.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes with interest the adoption of the Anti-Human Trafficking Act (No. 11 of 2008), which provides for various measures aiming at combating human trafficking, including prevention and victim protection measures. It notes, in particular, that, under section 3 of the Act, persons found guilty of human trafficking and related crimes are liable to imprisonment for a term of not less than 20 years and up to 30 years and, in certain situations, to imprisonment for life. The Committee also notes the information on the application in practice of the Penal Code provisions criminalizing human trafficking adopted in 2005.

The Committee asks the Government to provide, in its next report, information on the application in practice of the new Anti-Human Trafficking Act (No. 11 of 2008), as regards both victim protection measures (particularly sections 34, 37, 40–47 and 58) and punishment of perpetrators (section 3), supplying sample copies of the relevant court decisions and indicating the penalties imposed. 

The Committee notes the Government’s brief indications in the report concerning the tasks of the Inter-Ministerial Committee on Human Trafficking, which include, inter alia, coordination of various programmes concerning prevention and protection measures, prosecution of traffickers, as well as development and revision of policies and legislation on human trafficking.

The Committee asks the Government to provide, in its next report, information on the application in practice of the National Plan of Action to combat trafficking, to which reference has been made in the Government’s previous report, as well as the information on practical activities of the Inter‑Ministerial Committee referred to above, including copies of relevant reports and available statistics. Please also supply a copy of the National Anti‑Human Trafficking Policy referred to in the Government’s 2008 report.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1(1) and 2(1) of the Convention. 1. National service obligations. In its earlier comments, the Committee referred to certain provisions of the National Service Act, 1971, concerning compulsory national service. The Committee noted the Government’s repeated statement in its reports that there had been no compulsion to serve in the National Service or to enlist for service by compulsion. The Committee also noted the Government’s indication in its 2006 report that measures had been taken to repeal the National Service Act, 1971. Since the Government’s latest report contains no new information on this issue, the Committee reiterates its hope that the 1971 Act will soon be repealed and the legislation will be brought into conformity with the Convention and the indicated practice.

2. Community development schemes. In its earlier comments the Committee noted that, pursuant to paragraph 20 of the Second Schedule (section 61) of the Local Government Act (No. 22 of 1991), schemes for the encouragement of and participation in community development may be prepared and administered by a city, municipal or district council. The Committee also noted previously the Government’s repeated indications that such schemes, from which communities derive direct benefit, are adopted in consultation with the communities concerned.

In its latest report, the Government reiterates that any project conducted in the communities is implemented only on a voluntary basis. It also indicates that a project called Community Development Fund is currently being implemented and that, although there are guidelines on its implementation, there are no legal documents establishing the project.

While noting these indications, the Committee requests the Government to provide a copy of the guidelines concerning the project referred to above, as well as the information on its application in practice.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the information on measures taken to prevent and combat human trafficking provided by the Government in reply to its earlier comments. It notes, in particular, the Government’s indications concerning the adoption of the Penal Code amendments criminalizing human trafficking and the development of the comprehensive piece of legislation which will take into account the provisions of the Palermo Protocol to combat trafficking. The Committee also notes the Government’s indications concerning the elaboration of a draft National Anti-Human Trafficking Policy and the establishment of the Inter-Ministerial Task Force and the National Committee to address the problem of trafficking.

The Committee asks the Government to provide, in its next report, information on the application in practice of the National Plan of Action to combat trafficking, to which reference has been made in the report, as well as the information on practical activities of the Inter-Ministerial Task Force and the National Committee referred to above. Please also supply a copy of the National Anti-Human Trafficking Policy, as well as a copy of the new anti-trafficking legislation, as soon as it is adopted. As regards law enforcement, the Committee asks the Government to provide information on the application in practice of the new Penal Code provisions criminalizing human trafficking, to which reference has been made in the report, supplying sample copies of the relevant court decisions and indicating the penalties imposed.

The Committee is also addressing a request on certain other points directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 1(1) and 2(1) of the Convention. 1. National service obligations. In its earlier comments the Committee referred to certain provisions of the National Service Act 1971, concerning compulsory national service. The Committee noted the Government’s repeated statement that there had been no compulsion to serve in the National Service or to enlist for service by compulsion. The Committee notes with interest the Government’s indication in the report that measures have been taken to repeal the National Service Act 1971, and expresses the hope that the Act will soon be repealed and the legislation will be brought into conformity with the Convention and the indicated practice.

2. Community development schemes. The Committee previously noted that, pursuant to paragraph 20 of the Second Schedule (section 61) of the Local Government Act (No. 22, 1991), schemes for the encouragement of and participation in community development may be prepared and administered by a city, municipal or district council. The Committee also noted the Government’s repeated indications that such schemes, from which communities derive direct benefit, are adopted in consultation with the communities concerned. The Government states in its latest report that the local Government representatives usually organize their communities for community service for the purpose of upgrading their communities on a voluntary basis. While noting these indications, the Committee again requests the Government to provide more detailed information on schemes adopted under Act No. 22, 1991 (Second Schedule) for the encouragement of and participation in community development, including copies of any legal texts establishing such schemes and other relevant documents, in order to enable the Committee to assess their conformity with the Convention.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons for the purpose of sexual and labour exploitation. In its earlier comments, the Committee referred to a communication received in October 2002 from the International Confederation of Free Trade Unions (ICFTU) (now the International Trade Union Confederation, ITUC), which contained allegations concerning trafficking of women and children to neighbouring countries for the purpose of forced prostitution and kidnapping of Zambians by Angolan combatants who took them to Angola to perform various forms of forced labour. The Committee has noted the Government’s reply to these allegations received in August 2006. The Government states that cases as referred to by the ICFTU have taken place, but they are minimal. However, the Government indicates that Zambia is mainly used as a transit point for trafficked persons to other countries rather than a source.

Referring to its general observation concerning the issue of trafficking in persons made in 2000, the Committee asks the Government to provide, in its next report, information on measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation, and in particular information on the following aspects of law and practice:

–           provisions of national law aimed at the punishment of trafficking in persons, as defined in Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime;

–           measures taken to ensure that the penal provisions punishing trafficking in persons are strictly enforced, including, in particular, measures designed to encourage the victims to turn to the authorities (such as permission to stay in the country, efficient protection of victims willing to testify);

–           measures designed to strengthen the active investigation of organized crime with regard to trafficking in persons, including international cooperation between law enforcement agencies with a view to preventing and combating the trafficking in persons;

–           cooperation with employers’ and workers’ organizations as well as non-governmental organizations engaged in the protection of human rights and the fight against the trafficking in persons.

As regards, more particularly, trafficking in children, the Committee asks the Government to refer to its comments made under the Worst Forms of Child Labour Convention, 1999 (No. 182), likewise ratified by Zambia, which provides in Article 3(a) that the worst forms of child labour include “all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour”. The Committee is of the view that this problem may be examined more specifically under Convention No. 182, which requires ratifying States to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency.

The Committee is also addressing a request on certain other points directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. In its earlier comments the Committee sought information concerning any statutory instruments issued under sections 7(2) and 9 of the National Service Act, 1971, regarding compulsory national service and its practical application. The Committee has noted the Government’s repeated statement that there has been no compulsion to serve in the national service or to enlist for service by compulsion. Having previously noted the Government’s intention to review the Act, the Committee reiterates its hope that appropriate measures will be taken by the Government in the near future in order to repeal or amend the abovementioned Act so as to bring the legislation into conformity with the Convention and with the indicated practice.

2. The Committee previously noted that, pursuant to paragraph 20 of the Second Schedule (section 61) of the Local Government Act (No. 22 of 1991), schemes for the encouragement of and participation in community development may be prepared and administered by a city, municipal or district council. The Committee has noted the Government’s repeated indications that such schemes, from which communities derive direct benefit, are adopted in consultation with the communities concerned, and that usually the local authority representatives and local councillors organize the communities in programmes and activities for community upgrading.

Referring to Article 2, paragraph 2(e), of the Convention, which provides for the criteria determining the limits of the exception of minor communal services, and to the explanations in paragraph 37 of its General Survey of 1979 on the abolition of forced labour, the Committee again requests the Government to provide more detailed information on schemes adopted under Act No. 22 of 1991 (Second Schedule) for the encouragement of and participation in community development, including copies of any relevant documents, in order to enable the Committee to assess their conformity with the Convention.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

The Committee has noted a communication received in October 2002 from the International Confederation of Free Trade Unions (ICFTU), which contains observations concerning the application of the Convention by Zambia. The ICFTU alleged that there were reports of the trafficking of women and children to neighbouring countries for the purpose of forced prostitution and of kidnapping Zambians by Angolan combatants who took them to Angola to perform various forms of forced labour. The Committee has noted that this communication was sent to the Government in December 2002 for any comments it might wish to make on the matters raised therein. The Government’s report contains no reference to this communication and the Committee requests the Government to supply its comments on the serious points raised therein in its next report so as to enable the Committee to examine them at its next session.

The Committee is also addressing a request on certain other points directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee has noted the Government’s reply to its earlier comments.

1. In its earlier comments the Committee sought information concerning any statutory instruments issued under sections 7(2) and 9 of the National Service Act, 1971, regarding compulsory national service and its practical application. The Committee has noted the Government’s repeated statement that there has been no compulsion to serve in the national service or to enlist for service by compulsion. Having previously noted the Government’s intention to review the Act, the Committee reiterates its hope that appropriate measures will be taken by the Government in the near future in order to repeal or amend the abovementioned Act so as to bring the legislation into conformity with the Convention and with the indicated practice.

2. The Committee previously noted that, pursuant to paragraph 20 of the Second Schedule (section 61) of the Local Government Act (No. 22 of 1991), schemes for the encouragement of and participation in community development may be prepared and administered by a city, municipal or district council. The Committee has noted the Government’s repeated indications that such schemes, from which communities derive direct benefit, are adopted in consultation with the communities concerned, and that usually the local authority representatives and local councillors organize the communities in programmes and activities for community upgrading.

Referring to Article 2, paragraph 2(e), of the Convention, which provides for the criteria determining the limits of the exception of minor communal services, and to the explanations in paragraph 37 of its 1979 General Survey on the abolition of forced labour, the Committee again requests the Government to provide more detailed information on schemes adopted under Act No. 22 of 1991 (Second Schedule) for the encouragement of and participation in community development, including copies of any relevant documents, in order to enable the Committee to assess their conformity with the Convention.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee has noted a communication received in October 2002 from the International Confederation of Free Trade Unions (ICFTU), which contains observations concerning the application of the Convention by Zambia. The ICFTU alleged that there were reports of the trafficking of women and children to neighbouring countries for the purpose of forced prostitution and of kidnapping Zambians by Angolan combatants who took them to Angola to perform various forms of forced labour. The Committee has noted that this communication was sent to the Government in December 2002 for any comments it might wish to make on the matters raised therein. The Government’s report contains no reference to this communication and the Committee requests the Government to supply its comments on the serious points raised therein in its next report so as to enable the Committee to examine them at its next session.

The Committee is also addressing a request on certain other points directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. In its earlier comments the Committee requested information concerning any statutory instruments issued under sections 7(2) and 9 of the National Service Act, 1971, regarding compulsory national service and its practical application. The Committee noted the Government’s statement in its 1999 report that no statutory instruments have been issued under these sections. The Government reaffirms in its latest report that there has been no compulsion to serve in the National Service or to enlist for service by compulsion. The Committee previously noted the Government’s intention to review the Act, in view of the Government’s perception of there being no external threat to the well-being of the country. The Committee therefore expresses firm hope that appropriate measures will be taken by the Government in the near future in order to repeal or amend the abovementioned Act so as to bring the legislation into conformity with the Convention and with the indicated practice.

2. The Committee previously noted that pursuant to paragraph 20 of the Second Schedule (section 61) of the Local Government Act (No. 22 of 1991) schemes for the encouragement of and participation in community development may be prepared and administered by a city, municipal or district council. The Committee notes the Government’s repeated statement that such schemes, from which communities derive direct benefit, are adopted in consultation with the communities concerned. The Government also indicates in its latest report that usually the local authority representatives and local councillors organize the communities in programmes and activities for community upgrading.

The Committee refers once again to paragraph 37 of its 1979 General Survey on the abolition of forced labour in which it has drawn attention to the criteria determining the limits of the exception of minor communal services, as provided for in Article 2, paragraph 2 (e), of the Convention. These criteria are not only that:

-  the members of the community or their direct representatives must have the right to be consulted in regard to the need for such services; in addition,

-  the services must be "minor services", i.e. relate primarily to maintenance work and - in exceptional cases - to the erection of certain buildings intended to improve the social conditions of the population of the community itself; and

-  the services must be "communal services" performed "in the direct interest of the community", and not relate to the execution of works intended to benefit a wider group.

The Committee therefore requests the Government once again to provide more detailed information on schemes adopted under Act No. 22 of 1991 (Second Schedule) for the encouragement of and participation in community development, including copies of any relevant documents, in order to enable the Committee to assess their conformity with the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in reply to its earlier comments. It notes, in particular, the information concerning prison labour supplied by the Government in answer to its general observation.

1. In its earlier comments the Committee requested information concerning any statutory instruments issued under sections 7(2) and 9 of the National Service Act, 1971, regarding compulsory national service and its practical application. The Committee noted the Government’s statement in its 1999 report that no statutory instruments have been issued under these sections. The Government reaffirms in its latest report that there has been no compulsion to serve in the National Service or to enlist for service by compulsion. The Committee previously noted the Government’s intention to review the Act, in view of the Government’s perception of there being no external threat to the well-being of the country. The Committee therefore expresses firm hope that appropriate measures will be taken by the Government in the near future in order to repeal or amend the abovementioned Act so as to bring the legislation into conformity with the Convention and with the indicated practice.

2. The Committee previously noted that pursuant to paragraph 20 of the Second Schedule (section 61) of the Local Government Act (No. 22 of 1991) schemes for the encouragement of and participation in community development may be prepared and administered by a city, municipal or district council. The Committee notes the Government’s repeated statement that such schemes, from which communities derive direct benefit, are adopted in consultation with the communities concerned. The Government also indicates in its latest report that usually the local authority representatives and local councillors organize the communities in programmes and activities for community upgrading.

The Committee refers once again to paragraph 37 of its 1979 General Survey on the abolition of forced labour in which it has drawn attention to the criteria determining the limits of the exception of minor communal services, as provided for in Article 2, paragraph 2 (e), of the Convention. These criteria are not only that:

-  the members of the community or their direct representatives must have the right to be consulted in regard to the need for such services; in addition,

-  the services must be "minor services", i.e. relate primarily to maintenance work and - in exceptional cases - to the erection of certain buildings intended to improve the social conditions of the population of the community itself; and

-  the services must be "communal services" performed "in the direct interest of the community", and not relate to the execution of works intended to benefit a wider group.

The Committee therefore requests the Government once again to provide more detailed information on schemes adopted under Act No. 22 of 1991 (Second Schedule) for the encouragement of and participation in community development, including copies of any relevant documents, in order to enable the Committee to assess their conformity with the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government in reply to its earlier comments.

1. The Committee has previously requested information concerning any statutory instruments issued under sections 7(2) and 9 of the National Service Act, 1971, regarding compulsory national service and its practical application. The Government reaffirms in its report that no such statutory instruments have been issued since enactment. The Committee previously noted the Government's statement that, as from 1982, there had been no compulsion to serve in the national service or to enlist for service by compulsion. It also noted the Government's intention to review the Act, in view of the Government's perception of there being no external threat to the well-being of the country. The Government in its report reaffirms that threats to its country have been removed. The Committee therefore reiterates its request for information on measures taken by the Government in order to repeal or amend the abovementioned Act so as to bring the legislation into conformity with the Convention and with the indicated practice.

2. In its earlier comments the Committee noted that pursuant to the Local Government Act (No. 22 of 1991) (Second Schedule) schemes for the encouragement of and participation in community development may be prepared and administered by a council. The Government repeats its previous indications that such schemes, from which communities may derive direct benefit, are adopted in agreement with the communities concerned, and that these schemes are usually of a minor nature, such as keeping their general surroundings clean in order to prevent epidemics. It also states that, as the schemes are done with the cooperation and participation of the communities concerned, there are no legal texts establishing them. While noting these indications, the Committee requests the Government to provide more detailed information on such schemes adopted, including copies of any relevant documents which relate to or describe the schemes.

3. With reference to its general observation on the Convention in its report in 1999, the Committee requests the Government to provide information as to the present position in law and practice as regards the following points:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee has noted the information provided by the Government in reply to its earlier comments. It has also noted a communication dated 17 July 1998 received from the Zambia Congress of Trade Unions (ZCTU). The Committee is examining the issues raised in this communication in its comments made under Convention No. 95.

1. The Committee has previously requested information concerning any statutory instruments issued under sections 7(2) and 9 of the National Service Act regarding compulsory national service and its practical application. The Committee previously noted the Government's statement that as from 1982 there has been no compulsion to serve in the National Service or to enlist for service by compulsion. The Committee notes the Government's reaffirmation that no statutory instruments have been issued since enactment. The Committee also notes that in view of the Government's perception of there being no external threat to the well-being of the country, it intends to review the Act. The Committee therefore requests the Government to provide information on measures taken to amend or repeal the above-mentioned Act so as to bring the legislation into conformity with the Convention and with the indicated practice.

2. In its earlier comment the Committee noted that pursuant to the Local Government Act (No. 22 of 1991) (Second Schedule) schemes for the encouragement of and participation in community development may be prepared and administered by a Council. It asked the Government to supply information on any such schemes adopted. The Government indicates that such schemes, from which communities may derive direct benefit, are adopted in agreement with the communities concerned, and that these schemes are usually of a minor nature, such as keeping their general surroundings clean in order to prevent epidemics. While noting these indications, the Committee repeats its request for information on such schemes adopted, including copies of any legal texts establishing them.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 1(1) and Article 2(1), of the Convention. Further to its previous comments, the Committee notes with satisfaction the Government's confirmation that regulation 41 of the Preservation of Public Security Regulations, under which employees in certain services could be prohibited from leaving their employment, was validly repealed by the Preservation of Public Security (Amendment) (No. 2) Regulations, 1993.

A request on certain other points is being addressed directly to the Government.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided by the Government in its report.

1. Referring also to its observation under the Convention the Committee notes that regulation 41 of the Preservation of Public Security Regulations was repealed by the Public Security (Amendment) (No. 2) Regulations, 1993. The Committee has noted information according to which the Public Security (Amendment) (No. 2) Regulations, adopted on 4 March 1993, would have been challenged in court. The Committee would appreciate if the Government would indicate whether the Public Security (Amendment) (No. 2) Regulations, 1993, were held valid and, if this was not the case, provide information on any measures envisaged to repeal regulation 41.

2. The Committee requested the Government to provide information on the practical application of the National Service Act and any statutory instruments issued under section 7, subsection 2, and section 9 of the Act. It also requested information on any measures taken or contemplated in relation to national service, particularly in the light of the Special Youth Schemes Recommendation, 1970 (No. 136).

The Committee notes the Government's indication in its report that the general view of the Act was to offer young people skills as there were reduced employment opportunities (vocational training in such trades as agriculture, carpentry, metal work, animal husbandry, construction work) and provide them also with skills to defend the country against hostile incursions. This programme was discontinued as from 1982 and from that period on there has been no compulsion to serve in the National Service or to enlist for service by compulsion. The scheme had its disadvantages as it drained on the limited financial resources and the young persons did not use meaningfully the skills acquired during their service. The Government states that the scheme is dying out.

The Committee hopes that the Government will provide information on measures taken or envisaged to repeal the Act so as to bring legislation in conformity with the indicated practice.

3. The Committee noted that pursuant to Act No. 22 of 1991 (second schedule) schemes for the encouragement of and participation in community development may be prepared and administered by a council. The Committee asked the Government to supply information on any such schemes adopted, including a copy of any legal texts establishing such schemes.

Furthermore, the Committee also requested the Government to provide information on the application of article 14(3)(e) of the Constitution of 1991.

As concerns Act No. 22 of 1991 the Committee notes the Government's indication in its report that communities in their local council areas have the civic responsibility to respond to schemes aimed at improving their social well-being, that the community is expected to participate in measures aimed at eliminating diseases and maintain a healthy environment and that these are civic responsibilities bestowed on persons living in the council areas as most councils have limited resources to fully service the needs of the community.

In relation to the constitutional provisions the Committee notes the Government's indication that community leaders sometimes call up their communities to carry out certain civil duties such as building and maintenance of water supply, roads, clinics, schools, etc., projects which are aimed at providing social services beneficial to communities.

The Committee refers to paragraph 34 of its 1979 General Survey on Forced or Compulsory Labour, where it noted that three exceptions provided for by the Convention refer to normal civic obligations among which minor communal services, as provided for in Article 2, paragraph 2(e), of the Convention. In paragraph 37 of the same Survey the Committee has drawn attention to the criteria which determine the limits of this exception and serve to distinguish it from other forms of compulsory services. These criteria are as follows:

- the services must be "minor services", i.e. relate primarily to maintenance work and - in exceptional cases - to the erection of certain buildings intended to improve the social conditions of the population of the community itself (a small school, a medical consultation and treatment room, etc.);

- the services must be "communal services" performed "in the direct interest of the community", and not relate to the execution of works intended to benefit a wider group;

- the "members of the community" (i.e. the community which has to perform the services) or their "direct" representatives (e.g. the village council) must "have the right to be consulted in regard to the need for such services".

The Committee again requests the Government to provide information on schemes adopted under Act No. 22 of 1991 (Second Schedule) for the encouragement and participation in community development as well as information on the measures taken to ensure the observance of the Convention taking into consideration the above criteria.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its previous comments, the Committee notes with satisfaction that Regulation No. 40 of the Preservation of Public Security Regulations, under which public officers could be prohibited from leaving their employment, was repealed by the Preservation of Public Security (Amendment) Regulations, 1990.

A request is being addressed directly to the Government in relation to Regulation No. 41 of the Public Security Regulations as well as on a certain number of other points.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. The Committee asked the Government to provide the statutory instruments issued under section 12, subsection 1, of the Defence Act; it notes the texts (No. 127 of 1960, No. 217 of 1965 and No. 102 of 1988) provided by the Government.

The Committee also requested the Government to provide information on the practical application of the National Service Act and any statutory instruments issued under section 7, subsection 2, and section 9 of the Act. It also requested information on any measures taken or contemplated in relation to national service, particularly in the light of the Special Youth Schemes Recommendation, 1970 (No. 136).

The Committee notes from the Government's report that contacts are being pursued with the ministries concerned to secure the information requested. It hopes that the Government will communicate this information with its next report.

2. The Committee notes that pursuant to Act No. 22 of 1991 (second schedule) schemes for the encouragement of and participation in community development may be prepared and administered by a council. The Committee asks the Government to supply information on any such schemes adopted, including a copy of any legal texts establishing such schemes.

Furthermore, the Committee asks the Government to provide information on the application of article 14(3)(e) of the Constitution of 1991 and on any provisions adopted to establish the obligation to work as part of normal communal obligations.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

In its previous comments, the Committee observed that regulations 40 and 41 of the Preservation of Public Security Regulations, under which public officers and employees in certain services may be prohibited from leaving their employment, were not consistent with the Convention.

It notes the indications in the Government's reports for 1991 that regulation 40 has been revoked by statutory instrument No. 181 of 1990 and that the repeal of regulation 41 was being examined.

The Committee notes this information with interest. It hopes that the Government will provide a copy of statutory instrument No. 181 of 1990, together with information on any changes relating to regulation 41 referred to above.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's most recent report does not supply the information previously requested. The Committee hopes that the Government will soon supply: (a) copies of the statutory instruments made under section 12, subsection 1, of the Defence Act to regulate the commisioning of officers, their terms of service, appointment, transfer, retirement and resignation; and (b) information on the practical application of the National Service Act, including copies of any statutory instruments made under its section 7, paragraph 2, and section 9, and information on any measures taken or envisaged in relation to the National Service, in the light also of the Special Youth Schemes Recommendation, 1970 (No. 136), to ensure the observance of the Convention.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

In previous comments the Committee has observed that regulations 40 and 41 of the Public Security Regulations, under which public officers and employees in certain services may be prohibited from leaving their employment, should be repealed or modified to ensure the observance of the Convention. The Committee notes the Government's statement in its most recent report, dated 11 May 1988, that consultations among government agencies are being actively pursued with a view to modifying or repealing these regulations. The Committee also notes from the report on the direct contacts mission to Zambia which took place in November 1989 concerning Convention No. 105 that regulations 40 and 41 of the Public Security Regulations had been introduced at the time of independence because of apprehension that there might be large-scale retirement of experienced officials; this having not occurred, the provisions were entirely unused in practice and their repeal had been approved some time ago. The repeal process had become stalled at the time of the last parliamentary elections, but would now be reactivated.

The Committee notes these indications with interest and hopes that the Government will soon be in a position to report the repeal of regulations 40 and 41 of the Public Security Regulations.