Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National action plan. Implementation and assessment. Following its previous comments, the Committee notes that the Government adopted a National Policy on Human Trafficking and Smuggling of Migrants and its implementation plan in 2022. As pointed out in the National Policy, Zambia is facing both internal and transnational trafficking, as a source, transit and destination country for victims. The country has reported an increase in cases of trafficking, including of women and young men.

The Committee notes that the National Policy is based on four pillars, namely prevention, protection of victims, prosecution of offenders, and partnerships. It sets four objectives: (i) to reduce the incidences of trafficking in persons by 2030; (ii) to enhance the capacity of the criminal justice system to investigate, identify and prosecute trafficking in persons cases by 2026; (iii) to strengthen national capacity to provide protection services and care for victims, witnesses and potential victims of trafficking by 2030; and (iv) to strengthen national, regional and international coordination and cooperation to curb trafficking in persons by 2025. The Committee requests the Government to provide information on the measures taken to implement the National Policy on Human Trafficking and Smuggling of Migrants and achieve its objectives. It also requests the Government to indicate if any assessment of the implementation of the National Policy has been undertaken, specifying the results achieved, the difficulties encountered and the measures contemplated as a consequence.

2. Identification and protection of victims. In its previous comments, the Committee took note of the steps taken by the Ministry of Community Development and Social Services (MCDSS) to provide protection and assistance to victims of trafficking, including through six places of safety. The Government indicates in its report that the MCDSS handled a total number of 2,782 cases of trafficking between January 2020 and June 2023, involving both child and adult victims, including 80 cases in the first quarter of 2023. Victims were provided with basic needs such as clothing, food, psychosocial counselling and shelter at places of safety. The Government points out that the Anti-Human Trafficking Fund, designed for the rehabilitation and reintegration of victims, is not yet operational. The Committee also notes that, according to information contained in the 2022 National Policy on Human Trafficking and Smuggling of Migrants, identification of trafficked persons in the country continues to be a challenge, the Government has developed a National Referral Mechanism, which is supported by the Minimum Standard Guidelines on the Protection of Victims of Trafficking, but that the Guidelines are not comprehensive in the manner and nature of support.

The Committee requests the Government to strengthen its efforts and take measures to ensure the effective identification of victims of trafficking for both sexual and labour exploitation, and to provide them with appropriate and adequate protection and assistance, including through the National Referral Mechanism and its Guidelines and the effective functioning of the Anti-Human Trafficking Fund. The Committee requests the Government to continue to provide information on the number of victims who have been identified, indicating how many of them received assistance and the type of assistance granted.

3. Prosecution and application of penalties. In relation to the action of the National Prosecution Authority (NPA) to strengthen the capacity of law enforcement officials, the Government indicates that the NPA is pursuing its activities to build the capacity of prosecutors and investigators in relation to transnational crime, including trafficking in persons, in partnership with a number of regional and international bodies. These activities include: training of prosecutors, state advocates and investigators; the exchange of information and sharing of best practices between countries in the region; and the development and updating of manuals on trafficking in persons for prosecutors and officials. The Government also indicates that, with a view to facilitating evidence-gathering and contributing to the effectiveness of prosecutions, the NPA has operationalized the Witness Management Fund, set up to provide logistical support to witnesses and victims called to testify in all cases prosecuted by the NPA, including trafficking in persons.

The Government also states that the NPA has a presence in all ten provinces of the country and works to strengthen coordination and cooperation with key stakeholders, such as police investigators and the judiciary, in the fight against trafficking in persons. The NPA is now part of the National Committee on Human Trafficking, through the appointment of trafficking in persons National Focal Point Persons to represent the NPA, and takes part in the subcommittee on prosecution. In addition, assistant Focal Point Persons have been appointed in all ten provinces, to develop harmonized approaches in the prosecution of trafficking in persons and to facilitate the flow of information among provinces. The Committee notes that the incorporation of several members in the National Committee, including the NPA and the judiciary, was made possible through the Anti-Human Trafficking (Amendment) Act, 2022. The Committee further notes that this Amendment Act establishes the Anti-Human Trafficking Department, within the Ministry of Home Affairs, responsible for the administration of the Anti-Human Trafficking Act of 2008.

The Committee notes that, in its 2023 concluding observations, the United Nations Human Rights Committee expressed concern about reports of trafficking in women, including for forced domestic work and sexual exploitation, and about the low number of investigations, convictions and sanctioning of perpetrators (CCPR/C/ZMB/CO/4).

The Committee encourages the Government to pursue its efforts to strengthen the capacity of law enforcement officials in order for them to identify, promptly investigate and prosecute cases of trafficking, with emphasis given to the sectors where women are victims of trafficking. The Committee requests the Government to provide information in this regard as well as on the number of investigations, prosecutions, convictions and penalties imposed under the Anti-Human Trafficking Act. The Committee also requests the Government to provide information on the activities undertaken by the Anti-Human Trafficking Department to ensure better knowledge and implementation of the Anti-Human Trafficking Act.

Article 2(2)(a). National service obligations. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal the National Service Act, 1971, which permits compulsory national service of a non-military character. Under section 3 of the Act, the functions of the Zambian National Service include 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 notes that the Government once again indicates that the National Service Act, 1971, is in the process of being reviewed. The Committee is bound to note with regret the absence of measures to bring the provisions of the above-mentioned legislation into conformity with the Convention. The Committee recalls that according to Article 2(2)(a), work or service exacted in virtue of compulsory military service laws is excluded from the scope of the Convention only when it is of a purely military character. The Committee firmly hopes that the Government will take the necessary measures to amend the Act so as to limit the work exacted as part of the Zambian National Service, work which is of a purely military nature, in compliance with Article 2(2)(a). The Committee requests the Government to provide information on the number of citizens who have been called to perform compulsory national service, as well as on the nature of the work to which they are assigned.

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