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

Individual Case (CAS) - Discussion: 2025, Publication: 113rd ILC session (2025)

Written information provided by the Government

The Government of Zambia acknowledges receipt of the observation issued by the Committee of Experts concerning the implementation of our National Policy on Human Trafficking and Smuggling of Migrants and the provision of compulsory national service under the Zambia National Service Act. We appreciate the role of the supervisory system in supporting Member States to strengthen the application of international labour standards. In this regard, we welcome the opportunity to provide the information requested in the observation and offer hereto, the following responses:

1. Measures taken to implement the National Policy on Human Trafficking and Smuggling of Migrants and achieve its objectives: Zambia has taken extensive steps to implement the Policy, and these include:

• Development of a comprehensive National Implementation Plan for the National Policy on Human Trafficking and Smuggling of Migrants to guide operationalization.
• Amendment of the Anti-Human Trafficking Act No. 11 of 2008, which resulted in the following:
  • (a) the establishment of the Anti-Human Trafficking Department, mandated to coordinate all institutions involved in matters relating to human trafficking;
  • (b) operationalization of the Anti-Human Trafficking Department;
  • (c) enhancement of legal provisions through the inclusion of a specific section in the Act criminalizing child trafficking;
  • (d) revision of the composition and functions of the National Committee on Human Trafficking;
  • (e) introduction of a provision for the certification of victims;
  • (f) expansion of the scope of authorized officers empowered to handle trafficking cases, now including officers from the Anti-Corruption Commission, Anti-Human Trafficking Department, Drug Enforcement Commission, and Immigration Department.
• A fourth pillar, “Partnerships”, was introduced to foster a multisectoral response to human trafficking. This has enabled wide-ranging engagement from institutions and stakeholders at the national level. The Anti-Human Trafficking Department also actively participates in meetings, workshops and training sessions on human trafficking at national, regional and international levels.
• Continued engagement with various stakeholders is ensured through the National Committee on Human Trafficking, which convenes at least once per quarter to deliberate on human trafficking matters.
• A dedicated budget line has been created and funded for the Anti-Human Trafficking Department to support the implementation of anti-trafficking activities.
• The Victim Fund has been established, and guidelines for its disbursement are currently under development.
• A Partnership Agreement has been signed between the Government of the Republic of Zambia and the Government of the United States of America to combat human trafficking. Under this agreement, the US Government has committed to providing a total of US$12 million over a five-year period to support Zambia’s anti-trafficking efforts.
• The Anti-Human Trafficking Department prepares and submits quarterly and annual reports on the implementation of anti-human trafficking programmes.
• The Policy has not been reviewed since its adoption; however, a mid-term review is planned to be undertaken before 31 December 2025.

2. Victim identification and assistance: From 1 January to 31 December 2024, 186 victims were identified, of whom 73 received various forms of assistance such as shelter, food, clothing, psychosocial counselling, translation and interpretation service, legal services, and repatriation support.

3. Efforts to strengthen the capacity of law enforcement officials in order to effectively identify, promptly investigate and prosecute cases of trafficking with emphasis given to the sectors where women are victims of trafficking:

• The Government trained 2,204 law enforcement officers in 2024 in order to enhance their capacity to identify, investigate and enforce laws against human trafficking.
• During the same period, 41 cases were investigated, 22 prosecuted, and 5 convictions secured.
• Of the five convictions secured, one of the penalties imposed was a sentence of 13 years imprisonment with hard labour for attempted human trafficking. The remaining 4 cases are awaiting sentencing by the High Court.

4. Efforts to strengthen awareness and implementation of the Anti-Human Trafficking Act to promote greater awareness and effective implementation of the Anti-Human Trafficking Act: The Government undertook a series of targeted interventions during the reporting period:

• Public awareness and education: A range of public sensitization activities were conducted nationwide using television, radio broadcasts, and community meetings. These platforms were employed to disseminate information on the provisions of the Anti-Human Trafficking Act, the rights of individuals, and available channels for reporting suspected cases of trafficking in persons.
• Capacity-building and institutional strengthening: A total of 2,204 officers from various law enforcement institutions received specialized training on trafficking in persons between 1 January and 31 December 2024. The purpose of the training was to enhance their ability to identify, investigate, and prosecute trafficking cases, with particular attention to sectors where women are especially vulnerable.
• Development of supporting instruments: To reinforce the effective implementation of the Act, the following instruments have been developed or are under development:
  • (a) regulations to guide procedures on victim identification, reporting and certification;
  • (b) a revised National Referral Mechanism for coordinated support and case management;
  • (c) a national Data and Case Management System on Human Trafficking;
  • (d) guidelines for the administration of the Victim Fund;
  • (e) a National Communication Strategy on Human Trafficking;
  • (f) a standard training curriculum on trafficking in persons; and
  • (g) a Judicial Desk Guide to assist judicial officers in handling trafficking-related cases.

5. Nature of national service in Zambia: Contrary to the view of the Committee of Experts, that Zambia allows a compulsory national service of a non-military character, the Government wishes to clarify that, the Zambia National Service (ZNS) was recently reintroduced as a voluntary citizen empowerment programme, aimed at equipping citizens, especially youth and women with practical skills, fostering self-reliance and contributing to national development. These efforts are aligned with Zambia’s commitment to the International Labour Organization’s (ILO) Skills and Lifelong Learning Strategy 2030 adopted at the 109th Session (2021) of the International Labour Conference. In furtherance of these commitments, Zambia launched the four-year Skills Development for Employability Programme in 2023, with support from the ILO and the European Union, with the aim of enhancing the relevance, quality and governance of our Technical Education, Vocational and Entrepreneurship Training (TEVET) system. However, the ZNS programme contributes to a broader national and international objective in addressing youth unemployment, under skilling and decent work deficits. This was publicly affirmed by the Republican President, Mr Hakainde Hichilema, on 14 November 2024. This public affirmation is readily available on official online government media platforms such as the Zambia New and Information Service (ZANIS).

In conclusion, the Government remains committed to upholding its obligations under international labour standards and ensuring the effective implementation of relevant legislation and policies. The measures outlined in this report reflect ongoing efforts to strengthen institutional capacity, enhance coordination among stakeholders, and promote rights-based approaches across all areas of concern raised by the Committee. The Government will continue to engage constructively with the Committee and stands ready to provide further information and clarification where required.

Discussion by the Committee

Chairperson – I have the honour to invite the honourable representative of the Government of Zambia, the Permanent Secretary, Ministry of Labour and Social Security, to take the floor.

Government representative – The Government of the Republic of Zambia acknowledges receipt of the request issued by the Committee of Experts concerning the implementation of our National Policy on Human Trafficking and Smuggling of Migrants and the provision of compulsory national service under the Zambia National Service (ZNS) Act.

We appreciate the role of the supervisory system in supporting Member States to strengthen the application of international labour standards. In this regard, we welcome the opportunity to provide the information requested in the observation and offer the following responses:

• 1. Measures taken to implement the National Policy on Human Trafficking and Smuggling of Migrants and achieve its objectives.
  • Zambia has taken extensive steps to implement the policy, which include:
  • 1.1. Development of a comprehensive national implementation plan for the National Policy on Human Trafficking and Smuggling of Migrants to guide operationalization.
  • 1.2. Amendment of the Anti-Human Trafficking Act No. 11 of 2008, which resulted in the following:
    • (a) the establishment of the Anti-Human Trafficking Department, which is mandated to coordinate all institutions involved in matters relating to human trafficking;
    • (b) operationalization of the Anti-Human Trafficking Department;
    • (c) enhancement of legal provisions through the inclusion of a specific section in the Act criminalizing child trafficking;
    • (d) revision of the composition and functions of the National Committee on Human Trafficking;
    • (e) introduction of a provision for the certification of victims;
    • (f) expansion of the scope of authorized officers empowered to handle trafficking cases, which now includes officers from the Anti-Corruption Commission, Anti-Human Trafficking Department, Drug Enforcement Commission and Immigration Department.
  • 1.3. A fourth pillar, “Partnerships”, was introduced to foster a multi-sector response to human trafficking. This has enabled wide-ranging engagement from institutions and stakeholders at the national level. The Anti-Human Trafficking Department also actively participates in meetings, workshops and training sessions on human trafficking at national, regional and international levels.
  • 1.4. Continued engagement with various stakeholders is ensured through the National Committee on Human Trafficking which convenes at least once per quarter to deliberate on human trafficking matters.
  • 1.5. A dedicated budget line has been created and funded for the Anti-Human Trafficking Department to support the implementation of anti-trafficking activities.
  • 1.6. The Victim Fund has been established, and guidelines for its disbursement are currently under development.
  • 1.7. A Partnership Agreement has been signed between the Government and the Government of the United States of America to combat human trafficking. Under this agreement, the United States Government has committed to providing a total of US$12 million over a five-year period to support Zambia’s anti-human trafficking efforts.
• 2. Victim identification and assistance: From 1 January to 31 December 2024, 186 victims were identified, out of which 73 received various forms of assistance such as shelter, food, clothing, psychosocial counselling, translation and interpretation services, legal services and repatriation support.
• 3. Efforts to strengthen the capacity of law enforcement officials for them to effectively identify, promptly investigate and prosecute cases of trafficking with emphasis given to the sectors where women are victims of trafficking.
  • 3.1. During the same period, 41 cases were investigated, 22 prosecuted and 5 convictions secured.
  • 3.2. Of the five convictions secured, one of the penalties imposed was a sentence of 13 years imprisonment with hard labour for attempted human trafficking.
• 4. To promote greater awareness and effective implementation of the Anti-Human Trafficking Act, the Government undertook a series of targeted interventions during the reporting period. These include:
  • 4.1. Public awareness and education: A range of public sensitization activities were conducted nationwide using television, radio broadcasts and community meetings. These platforms were employed to disseminate information on the provisions of the Anti-Human Trafficking Act, the rights of individuals, and available channels for reporting suspected cases of trafficking in persons.
  • 4.2. Capacity-building and institutional strengthening: A total of 2,204 officers from various law enforcement institutions received specialized training on trafficking in persons between 1 January and 31 December 2024. The purpose of the training was to enhance the ability to identify, investigate and prosecute trafficking cases, with particular attention to sectors where women are especially vulnerable.
  • 4.3. Development of supporting instruments: I wish to submit that the following instruments have been developed or are undergoing development:
    • (a) regulations to guide procedures on victim identification, reporting and certification;
    • (b) a revised National Referral Mechanism for coordinated support and case management;
    • (c) a National Data and Case Management System on Human Trafficking;
    • (d) guidelines for the administration of the Victim Fund;
    • (e) a National Communication Strategy on Human Trafficking;
    • (f) a standard training curriculum on trafficking in persons; and
    • (g) a Judicial Desk Guide to assist judicial officers in handling trafficking-related cases.
  • 4.4. Additionally, the Cabinet has approved the Children’s Code (Probation Committee) Regulations, 2025, in May this year, in order to enhance oversight, support and guidance to children placed on probation. Cabinet has further approved the Children’s Code (National Coordinating Committee for Children) Regulations, 2025, in order to formalize and ensure the proper functioning of the Committee which will oversee the implementation of child protection policies and programmes in Zambia.
• 5. Nature of national service in Zambia: Zambia takes note of the observations of the Committee of Experts. However, concerning the reintroduced national service training, we wish to state that Zambia did not impose compulsory national service but instead reintroduced a voluntary citizen empowerment programme.

To that end, I want to emphasize that the ZNS Act has undergone a consultative process for its amendment, and Cabinet approved this Act in principle. The amendment includes the merging of the ZNS Act and the Defence Act into one consolidated Act. The draft amendment Bill was submitted to the Minister of Justice. However, the process awaits the conclusion of the defence policy, which is under the Minister of Defence. These amendments take into account the provision which seemingly contravenes the Convention, that is to do with compulsory training.

On the other hand, it is important to emphasize that, while the ZNS operates under the mandate of the National Service Act (Chapter 121 of the Laws of Zambia) (specifically, section 3 of the Act permits compulsory national service of a non-military character), Zambia does not conduct compulsory military training for citizens. The ZNS youth programmes are designed to equip school leavers and non-school leavers with essential skills that are beneficial for their personal and professional development, thereby contributing to national development.

The said training is entirely voluntary. Zambia recognizes the importance of providing young individuals with opportunities to develop skills that will enhance employability and contribute positively to society. The programmes focus on various life support skills, including leadership, teamwork and vocational training, which are crucial for fostering self-reliance and resilience among our youth.

Zambia is committed to ensuring that participation in the training programme is based on the individual’s choice and the voluntary aspect is promoted to all potential participants. Zambia’s goal is to empower young people and not to impose any form of compulsory service.

Zambia is dedicated to aligning its programmes with the international labour standards and the principles adopted by the Conference. Training initiatives are continually reviewed to ensure they meet the evolving needs of our society while respecting the rights and freedoms of all individuals.

The reintroduction of the National Service Training resonates with the Act, which provides for a voluntary enlisting for citizens after which those trained can undergo a period of apprenticeship in any business, trade, profession or vocation.

The ZNS programme contributes to a broader national and international objective in addressing youth unemployment, skills gap, under-skilling and decent work deficits.

These efforts are aligned with Zambia’s commitment to the ILO resolution concerning skills and lifelong learning adopted at the 109th Session of the Conference in 2021.

In furtherance of these commitments, Zambia launched the four-year Skills Development for Employability Programme in 2023, with support from the ILO and the European Union, with the aim of enhancing the relevance, quality and governance of our Technical Education, Vocational and Entrepreneurship Training (TEVET) system.

As I conclude, the Government remains committed to upholding its obligations under international labour standards and ensuring the effective implementation of relevant legislation and policies. The measures outlined in this statement reflect ongoing efforts to strengthen institutional capacity, enhance coordination among stakeholders and promote rights-based approaches across all areas of concern raised by the Committee of Experts. The Government will continue to engage constructively with the Committee and stands ready to provide further information and clarification where required. Zambia is open to technical and financial assistance from the ILO to accelerate our efforts towards achieving decent work.

Worker members – We are examining Zambia’s application of Convention No. 29, a fundamental Convention ratified by Zambia in 1964. This is the first time Zambia’s application of the Convention, in law and in practice, is being discussed in our Committee. The Committee of Experts has issued three observations between 2016 and 2024.

Let me begin with the issue of trafficking in persons.

We would like to acknowledge the steps taken by the Government of Zambia. As noted by the Committee of Experts, the adoption in 2022 of the National Policy on Human Trafficking and Smuggling of Migrants along with its implementation plan represents a notable step in combating trafficking as a form of forced labour. We note that the plan recognizes Zambia as a source, transit and destination country for victims of trafficking. It also highlights an increase in reported cases. We commend the Government for candidly acknowledging the scale of the challenge. Transparency is the first step towards effective action to suppress forced labour. However, we are concerned that, without effective measures and political will, the implementation of this policy may remain a paper commitment. Clearly, without the necessary expertise, institutional coordination and financial support, the plan’s objectives will remain unfulfilled and the situation could deteriorate further.

We therefore join the Committee of Experts in requesting the Government to provide detailed information on:

• the measures taken to implement the National Policy;
• any assessments conducted on its implementation and effectiveness; and
• the results achieved so far.

Turning now to the identification and protection of victims of trafficking and forced labour, the Convention requires that governments must put in place effective mechanisms for the identification, release, protection, recovery and rehabilitation of all victims. It also mandates the provision of comprehensive assistance and support. We are therefore concerned by two ongoing challenges:

• the Anti-Human Trafficking Fund, intended to support the rehabilitation and integration of victims, is still not operational; and
• identification of trafficked persons remains a significant difficulty in practice.

We urge the Government to:

• enhance efforts to identify victims of both sexual and labour exploitation;
• ensure victims receive adequate protection, including shelter, counselling, legal aid and rehabilitation services; and
• provide data on the number of identified victims and the types of assistance provided.

Effective prosecution and the imposition of dissuasive penalties are core obligations under the Convention. We note the information provided by the Government concerning the number of trafficking cases handled by the Ministry of Community Development and Social Services. It is essential that this work be strengthened, with greater resourcing and more coordinated efforts.

We also take note of the Government’s steps to:

• build the capacity of prosecutors and investigators under the National Prosecution Authority (NPA);
• enhance collaboration between prosecutors, police investigators and the judiciary; and
• operationalize the Witness Management Fund, which supports victims and witnesses who testify.

These are all welcome developments.

However, we also take seriously the concern raised by the United Nations Human Rights Committee in its 2023 concluding observations, which pointed to a low number of investigations, convictions and sanctions imposed on perpetrators of trafficking.

We therefore urge the Government to adopt a system-wide and institutionalized coherent approach, ensuring that:

• no institution is left behind;
• all relevant actors – from police to prosecutors to the judiciary – are properly resourced and effectively coordinated; and
• investigations, prosecutions and penalties are adequately documented and enforced.

The Government should provide updated data on:

• the number of investigations, prosecutions, convictions and penalties imposed; and
• challenges encountered in the enforcement of existing laws.

We now turn to the issue of recruitment for national service. Since 1994, the Committee of Experts has repeatedly requested the Government of Zambia to amend or repeal the National Service Act, 1971, which permits compulsory non-military national service. In 2021, the Government committed to repealing the Act. However, this commitment remains unfulfilled. We strongly urge the Government to take the necessary legislative measures to bring the Act into full conformity with the Convention, ensuring that any work required under national service is purely military in nature and not a form of forced or compulsory labour.

Clearly, the Government is putting in efforts to address the issue of forced labour, which is an intolerable violation of human dignity. But much more needs to be done.

Employer members – We have noted with interest the information shared by the Government. We wish to encourage Zambia to take further concrete steps to better investigate and remediate the issues raised by the Committee of Experts regarding trafficking of persons, as well as its National Service Act. This case has never been discussed in the Committee. There have been three observations issued by the Committee of Experts for Zambia in 2016, 2019 and 2024. We note that this case centres on Zambia’s recently adopted National Policy on Human Trafficking and Smuggling of Migrants, along with its accompanying implementation plan in 2022. The Committee of Experts has asked for details of these instruments – with a sharp focus on capacity-building for robust investigatory and prosecutorial processes.

In addition, and despite the Government’s provision of information on the number of trafficking cases handled by the Zambian Ministry of Community Development and Social Services, the Committee of Experts noted that the Anti-Human Trafficking Fund – which is designed for the rehabilitation and reintegration of victims – remains non-operational and that identifying trafficking victims remains a challenge.

Finally, and as a more discrete issue, we note the Committee of Experts’ request to amend or repeal the National Service Act, which, according to the Committee of Experts, permits compulsory national service of a non-military character.

To be very clear, the Employer members wish to stress their deep commitment towards the eradication of forced labour, trafficking in persons and any related abuses. We stand united in our belief that there should be no place for these abuses in our world of work. We further stand ready in our commitment to exercise any authority we may have as a social partner to assist in the eradication of these abuses, whether in Zambia or anywhere else in the world.

We now turn to the issues raised by the Committee of Experts, along with the Government’s response, in greater detail.

Zambia is a destination and transit country for trafficking victims. The Government has, to its credit, acknowledged this reality and taken concrete and material steps to investigate and prosecute these abuses. The Committee of Experts’ concern is the reportedly low number of investigations, convictions and sanctioning of perpetrators. To that end, the Government has reported both in written submissions and today that:

• The NPA, which is now part of the National Committee on Human Trafficking, is pursuing activities to build the capacity of prosecutors and investigators in relation to transnational crime, including trafficking in persons.
• The NPA is also working to strengthen coordination and cooperation with key stakeholders.
• It has now operationalized the Witness Management Fund to provide logistical support to witnesses and victims that are called to testify.
• A dedicated budget has been authorized and funded for the Anti-Human Trafficking Department to support the implementation of anti-trafficking activities.
• The provision of specific resources for this work is particularly significant and wise.

The Employer members’ view is that the Government should continue in these material efforts and request technical or other assistance as necessary and appropriate.

Moreover, and with respect to the concern of victim identification and assistance, the Government has noted that, from 1 January to 31 December 2024, a total of 186 victims were identified, of whom 73 received various forms of assistance such as shelter, food, clothing or psychosocial counselling, and that it has trained over 2,000 law enforcement officers in 2024 to enhance the capacity to identify and investigate and enforce laws against human trafficking. During that same period, 41 cases were investigated, 22 were prosecuted and 5 convictions were secured.

We are of the mind that more can always be done, but we appreciate these material and detailed steps as well as the reporting.

The Government has further identified other material steps that have been taken to strengthen awareness and achieve broader implementation. For example, the Government has noted that the following instruments have been developed or are under development: regulations to guide procedures on victim identification, reporting and certification; a revised National Referral Mechanism; a national data and case management system on human trafficking; guidelines for the administration of the Victim Fund; a national communication strategy; a standard training curriculum on trafficking in persons; and a judicial desk guide to assist judicial officers in handling trafficking-related cases.

Again, the Employer members applaud this work but ask that the Government continue in these efforts and ensure that these pieces be properly and effectively implemented. As just several examples, we would be interested to learn about the consultation process that led to these instruments and whether there are sufficient resources available, whether from the specifically budgeted monies or otherwise, to ensure effective implementation. More can be done and we stand ready to assist in any way that we can.

Lastly, we note that with respect to the National Service Act there appears to be contrasting views. According to the Committee of Experts, the Act is in conflict with Article 2(2)(a) of the Convention, which states that 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. According to the Committee of Experts, compulsory work under this Act has taken non-military forms, and the Committee of Experts has requested information on the number of citizens who have been called to perform compulsory national service as well as on the nature of that work.

The Government for its part appears to deny that compulsory work pursuant to this Act is of a non-military character and further notes that any such work is part of a voluntary citizen empowerment programme aimed at equipping citizens, especially youth and women, with practical skills. All of which, according to the Government, is consistent with the ILO’s resolution concerning skills and lifelong learning adopted at the 109th Session of the Conference in 2021. We cannot divine from the Government’s submission and its presentation today whether the Committee of Experts’ concerns here remain founded.

We urge the Government to engage in meaningful consultations with the ILO and independent social partners on this issue and comply with the Committee of Experts’ request for information. We look forward to hearing the views of other groups in this case.

Worker member, Zambia – I would like to extend my sincere gratitude to the Committee of Experts for its observations concerning my country Zambia’s compliance with the Convention. The Workers acknowledge the effort made by the Committee in highlighting critical issues and legal gaps that potentially expose citizens to forced labour.

The Committee of Experts’ observations are focused on the following key areas:

• National action plan and implementation: The adoption of the National Policy on Human Trafficking and Smuggling of Migrants was noted, emphasizing the need for implementation, monitoring and impact assessment, based on four strategic pillars: prevention, protection, prosecution and partnerships.
• Identification and protection of victims: Although 2,782 trafficking cases were handled between January 2020 and June 2023, the observation noted that the identification of victims remained challenging. The National Referral Mechanism and related Guidelines are in place but lack comprehensiveness. The Anti-Human Trafficking Fund remains non-operational.
• Prosecution and penalties: The Government has enhanced training and coordination efforts by the NPA, but the observation highlights a low rate of prosecutions and convictions, especially regarding trafficking for forced domestic work and sexual exploitation. The Anti-Human Trafficking (Amendment) Act of 2022 was acknowledged.
• National service obligations under the 1971 Act: The Committee of Experts raised concern over the National Service Act of 1971, which mandates non-military compulsory national service contradicting Article 2(2)(a) of the Convention. The law remains under review without conclusive amendments.

The report serves as a timely wake-up call for the labour movement in Zambia to take a more assertive and vigilant role in monitoring the application of this Convention to address all forms of forced labour, including trafficking in persons, abusive recruitment practices and exploitative service conditions.

The labour movement in Zambia will hold both Government and Employers accountable for violations, while on our part we commit to raise awareness among workers, employees and policymakers to eradicate forced labour in all its manifestations.

Coming to the legal framework, I would like to highlight the fact that Zambia has ratified the Convention and enacted several legal instruments to combat forced labour. These include:

• The Constitution of Zambia (Amendment) Act No. 2 of 2016, article 14 of which prohibits slavery, servitude and forced labour.
• The Penal Code (Chapter 87), which criminalizes forced labour, trafficking and similar offences.
• The Anti-Human Trafficking Act, 2008 (amended in 2022), which provides a legal framework for the prevention, detection, prosecution and victim protection related to trafficking.
• The Employment Code Act No. 3 of 2019, which regulates labour contracts, prohibits coercion and abuse in employment relationships.
• The National Policy on Human Trafficking and Smuggling of Migrants (2022), with an operational strategy to address trafficking.

Despite this legal framework, we still face implementation gaps, particularly in victim protection, prosecution of offenders, and amendment of outdated legal frameworks. Our call upon our Government is to swiftly and decisively do the following:

• Operationalize the Anti-Human Trafficking Fund and improve victim support systems.
• Finalize and enact amendments to the National Service Act to comply with the Convention.
• Ratify the Protocol of 2014 to the Forced Labour Convention, 1930, which provides more protection.
• Ensure full implementation of the National Policy on Human Trafficking and Smuggling of Migrants, including robust monitoring and evaluation.
• Strengthen inter-agency coordination and support the work of the Anti-Human Trafficking Department.
• Increase investigations, prosecutions, convictions and deterrent penalties for perpetrators of trafficking and forced labour.
• Strengthen subregional coordination with neighbouring countries who are also suppliers of victims.

In conclusion, we reaffirm our commitment to promoting decent work, human dignity and freedom from forced labour. We thank the Committee of Experts for its continued scrutiny and call on the Government to urgently address all gaps identified in the observation, ensuring that no person in Zambia is subjected to forced labour in any form. We pledge to work alongside the Government, Employers and civil society to make Zambia a model of compliance within international labour standards. In that respect, I call upon your Committee to request the ILO to provide my country with technical assistance to help us address the concerns raised by the Committee of Experts.

Employer member, Zambia – This statement is made in reference to the fact that the Government has been cited for failure to comply with the provisions of the Convention, which Zambia ratified in 1964. Under Articles 1(1), 2(1) and 25 of the Convention, we note that the Committee of Experts has acknowledged the availability of a National Policy on Human Trafficking and Smuggling of Migrants and its implementation plan of 2022, based on four pillars which are prevention, protection of victims, prosecution of offenders and partnerships. But the Committee of Experts has further noted that the country has reported or recorded an increase in cases of trafficking, including of women and young men. The Committee of Experts has further requested the Government to provide information on the measures taken to implement the National Policy on Human Trafficking and Smuggling of Migrants that was reported to have been formulated in 2022.

It is regrettable that, while the Government has recorded some success in terms of putting measures in place aimed at implementing the National Policy, the Government had not reported in a timely manner in order for the Committee of Experts to be in the know regarding the progress so far made.

In our engagement with the Government and through our participation as one of the government stakeholders in some of the activities that are aimed at curbing human trafficking, we wish to inform this Committee that the Government has put a number of measures in place that are meant to implement the National Policy on Human Trafficking and Smuggling of Migrants. The steps include the following:

• An implementation plan for the National Policy on Human Trafficking and Smuggling of Migrants to guide operationalization of the policy has been developed.
• An amendment of the Anti-Human Trafficking Act No. 11 of 2008, which has given birth to the following:
  • The establishment of the Anti-Human Trafficking Department, which has been mandated to coordinate all institutions involved in matters relating to human trafficking.
  • The operationalization of the Anti-Human Trafficking Department.
  • The criminalization of child trafficking.
  • The expansion of the scope of authorized officers empowered to handle trafficking cases, which now includes officers from the Anti-Corruption Commission, Anti-Human Trafficking Department, Drug Enforcement Commission and Immigration Department.
  • The introduction of a provision for the certification of victims.
  • A dedicated budget line has been created and funded for the Anti-Human Trafficking Department to support the implementation of anti-trafficking activities.
  • A Victim Fund has been established and guidelines for its disbursement are currently under development and as the Zambian Federation of Employers (ZFE) we are part of the team that is developing the guidelines.
  • There is now a National Committee on Human Trafficking that meets quarterly to deliberate human trafficking issues; the ZFE is one of the stakeholder organizations that attend the quarterly meetings.

As employers in Zambia, we wish to indicate that the measures stated above are well meant to reduce or to completely eliminate cases of human trafficking. We, however, wish to indicate that since Zambia is land-locked and surrounded by eight neighbouring countries, some of the borders are porous, making the country a transit point for human trafficking. Therefore, certain measures meant to prevent the entry of those that are involved in trafficking in human beings need to be put in place at the border posts.

We support the position of the Committee of Experts on its call on the Government to strengthen the Government’s efforts in taking measures to ensure the effective identification of victims of trafficking for both sexual and labour exploitation and on its encouragement to the Government to pursue its efforts to strengthen the capacity of law enforcement officials, in order for them to identify and to promptly investigate and prosecute cases.

On national service obligations, we note the valid observations of the Committee of Experts, and its call on the Government to amend or repeal the National Service Act (Chapter 121 of the laws of Zambia), that was passed by Parliament in 1971, as the Committee of Experts regrets the fact that despite several calls on the Government to amend or repeal this Act, there have been no action by the Government to this effect to remove the provisions that permit compulsory national service of a non-military character and also the provision that children 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, which effectively can amount to forced labour.

This is regrettable, and the ZFE joins the Committee of Experts in encouraging the Government to embark on a process to amend this law and bring it into conformity with the Convention that is under discussion. We, however, wish to inform this Committee that although this law has remained unamended, the practice on the ground is different as national service no longer involves compulsory military training for citizens. There are now Zambian national service youth programmes designed to equip school leavers and non-school leavers with essential life skills that are beneficial for their personal and professional development on a voluntary basis. This has motivated a larger group of the Zambian youth. The programme has come up as one of the solutions to combating high levels of youth unemployment and poverty.

Government member, Poland – I have the honour to speak on behalf of the European Union (EU) and its Member States. The candidate countries Albania, Bosnia and Herzegovina, Montenegro, North Macedonia, Republic of Moldova and Ukraine and the EFTA countries Iceland and Norway, members of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights. We promote universal ratification and effective implementation of fundamental ILO Conventions and support the ILO in developing and promoting international labour standards and supervising their application. We note that the Committee requested information on the measures taken to implement the National Policy on Human Trafficking and Smuggling of Migrants and achieve its objectives. We welcome the clarifications provided by the Government on 18 May in this regard.

We are deeply concerned, however, about the reported increase in cases of trafficking, including that of women and young men. We commend the efforts of the Ministry of Community Development and Social Services to provide protection and assistance to victims of trafficking, including through the establishment of six places of safety. We regret that the Anti-Human Trafficking Fund designed for rehabilitation and reintegration of victims is not yet operational.

We urge the Government to intensify its efforts 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 operationalization of the Anti-Human Trafficking Fund. We note the Government’s clarification on the number of identified victims and the nature of the support provided in 2024.

We recall that the Government had benefited from the assistance of the ILO, the International Organization for Migration (IOM) and the United Nations Children’s Fund (UNICEF), within the framework of the European Commission-funded project, with the objective of providing training and capacity-building to the social partners and labour inspectors on trafficking.

We acknowledge the efforts of the NPA to strengthen the capacity of law enforcement officials and in particular the training of 2,204 law enforcement officers in 2024. We also commend the establishment of the Witness Management Fund, which offers logistical support to witnesses and victims called to testify in all cases prosecuted by the NPA, as well as the adoption of the Anti-Human Trafficking (Amendment) Act, 2022 to strengthen coordination and cooperation between several stakeholders in the fight against trafficking in persons.

While we acknowledge these positive steps, we remain concerned about the low number of investigations, convictions and sanctions of perpetrators in cases of trafficking of women, including for forced domestic work and sexual exploitation, documented in the 2023 concluding observations of the United Nations Human Rights Committee.

We note the information shared by the Government which indicates that in 2024, a total of 41 cases of trafficking were investigated, 22 individuals were prosecuted and 5 convictions were secured. It is crucial for national institutions to be effective and capable of delivering tangible results. We therefore encourage the Government to continue its efforts to strengthen the capacity of law enforcement officials in order to investigate and prosecute all cases of trafficking. We note the efforts of the Anti-Human Trafficking Department to promote awareness and strengthen implementation of the Anti-Human Trafficking Act.

We recall that the Committee of Experts has repeatedly raised concerns about the National Service Act of 1971, which permits compulsory national service of a non-military character in violation of Article 2(2)(a) of the Convention. We note with concern that the Committee of Experts considers that the Government has not yet undertaken the necessary amendments to its national legislation in this regard. We also take note of the Government’s response on this issue.

The EU and its Member States encourage the Government to further strengthen its cooperation with the ILO, the social partners, civil society and the international community, in order to address the issue of forced labour in the country.

We will continue to follow the situation closely and remain ready to support efforts aimed at ensuring compliance with international labour standards and the protection of individuals from trafficking.

Government member, Zimbabwe – On behalf of the Southern African Development Community (SADC), the Government of the Republic of Zimbabwe, in its capacity of chairing the SADC and representing 16 SADC Member States who are also members of the ILO, wishes to address the Committee on the matters raised concerning the Republic of Zambia’s application of the Convention. I must mention that the SADC continues to value its partnership with the ILO and places great emphasis on regional cooperation in upholding international labour standards. Through its well-established tripartite employment and labour sector, the SADC consistently facilitates regional dialogue among its member governments, the Southern African Trade Union Coordination Council and the SADC private sector forum on employment and labour issues, including those related to migration. These interventions have a direct impact on the observance of Member States’ commitment to international labour standards, including Zambia.

In this spirit, the SADC invites the Committee to take note of Zambia’s comprehensive and progressive approach to addressing trafficking in persons. The Government has undertaken notable legislative and institutional reforms, including amending the Anti-Human Trafficking Act, establishing a dedicated Anti-Human Trafficking Department, and adopting a national implementation plan to guide coordinated action. Significant progress has also been made in ensuring victim protection, prosecuting perpetrators, enhancing intelligence collaboration, and securing bilateral and multilateral support to strengthen its efforts.

Furthermore, Zambia is reforming the National Service Act and the Defence Act to ensure compliance with the Convention. Beyond its national commitments, Zambia has demonstrated strong regional leadership. In May 2024, Zambia organized a joint meeting of the heads of immigration, labour, and statisticians fostering collaboration in combating smuggling and trafficking. As one of seven SADC Member States to ratify the Protocol on the Facilitation of Movement of Persons (2005), Zambia demonstrates a strong political will for safe and orderly migration. It has also domesticated the SADC’s Regional Migration Policy Framework and Labour Migration Action Plan by aligning its national policies and coordination structures.

Notably, the SADC Committee of Ministers of Employment and Labour and Social Partners is committed to working closely with the Office within the framework of the SADC Decent Work Programme to assist the Government of Zambia in addressing the issues raised by the Committee of Experts as well as to provide the required support and guidance.

In conclusion, the SADC requests the Committee to acknowledge and take into account the strides made by the Republic of Zambia when drawing up its conclusions on this case. It is our expectation that the ILO will continue to provide Zambia with the necessary technical support to ensure that the issues raised by the Committee of Experts are adequately addressed.

Government member, Malawi – My delegation would like to commend the Government for its openness and commitment to constructive engagement with this Committee and for the comprehensive information it has provided in response to the observations made by the Committee of Experts. Malawi applauds Zambia for the efforts taken to combat human trafficking and forced labour. In particular, we take note of the enactment of Zambia’s Correctional Service Act of 2021, the launch of the 2024 National Drug and Substance Control Policy, the development and operationalization of the implementation plan for the National Policy on Human Trafficking and Smuggling of Migrants, the amendments to the Anti-Human Trafficking Act and the establishment of a dedicated Anti-Human Trafficking Department.

We encourage the Government to continue on this positive path and to ensure the effective implementation of the Convention in law and practice to address forced labour and human trafficking. In this regard, we urge the ILO to provide technical and financial assistance to the Government, in order to strengthen the legal framework, continue to build capacity, develop victim support and referral mechanisms, accelerate public awareness and enhance stakeholder coordination.

Employer member, Democratic Republic of the Congo – As regards the situation of this sister country, we should take note objectively of the following.

A National Policy on Human Trafficking and Smuggling of Migrants has been adopted, plus an implementation plan in 2022, which has resulted in the adoption of measures by the Government to ensure protection and assistance for trafficking victims in six places of safety. There has also been the deployment of the National Prosecution Authority (NPA) in ten provinces. There has also been the setting up of the Anti-Human Trafficking Fund. But what about its operationalization? Is this a concern that persists? We have just had the Government’s concrete reply on this matter.

Perhaps we should underline the existence of a major concern, based on Article 2(2)(a) of the Convention, in that there is a pressing need to amend or repeal the National Service Act of 1971, which authorizes non-military compulsory national service. The scope and meaning of the above-mentioned provision of the Convention excludes the exaction of forced labour when the forced labour forms part of a military context. However, this is not the case with the National Service Act, and so it must be repealed or amended. In this regard, we invite the Government of this sister country to speed up the repeal process.

In view of the shortcomings which have been observed, while in no way minimizing what the Government has achieved, we urge it to intensify its efforts with regard to the following:

• effective identification of trafficking victims, including for labour exploitation;
• clarification of procedures and content for providing assistance to victims;
• strengthening of the capacity of the National Prosecution Authority, of course with the essential support of the ILO.

Worker member, Botswana – Zambia ratified the Convention in 1964 and this Convention is currently in force. The Convention aims at eliminating all work or service which is exacted from any person under the menace of any penalty and for persons who have not offered himself voluntarily. In 2025, Zambia finds itself confronted with internal and transnational trafficking of human beings. Through the report of the Committee of Experts, the Government has admitted the existence of this situation and has reported handling about 2,782 cases, in which women and children are among the victims. This situation was also noted as a concern by the United Nations Human Rights Committee, especially on the trafficking of women, sexual exploitation and forced domestic work. Low numbers of investigations and prosecutions of perpetrators are also highlighted as matters of concern in the same report.

It must be stated as a fact that we cannot deal with issues of human trafficking effectively if our systems are still corrupt, especially within the public service. The 2024 Transparency International Corruption Perceptions Index (CPI) report showed that Zambia’s CPI score increased by two points from 37 to 39 out of 100 and its rank improved to 92 out of 180 in 2024. However, the report posted a decline in efforts to fight public sector corruption and further warns that if no measures are taken by the Government, the decline will also be seen in 2025. We want to take this time to encourage the Government to come up with robust and sustainable strategies to fight corruption within the public sector, in order to detect and deal with issues of human trafficking. Having a corruption-free public sector will help in the enforcement of laws and deal with human trafficking in Zambia, especially within the police service and in the national prosecution and other law enforcement agencies within the country.

Among the strategies that the Government must focus on is dealing with porous borders with neighbouring countries, which are both points of entry for victims and transactional points for perpetrators.

Lastly, there is the issue of labour inspections. Zambia ratified the Labour Inspection Convention, 1947 (No. 81), in 2013. The significance of ratifying this Convention cannot be overemphasized. We therefore urge the Government to intensify labour inspections and capacitate labour inspectors to detect and deal with these growing issues of human trafficking, including identifying victims and ensuring their protection. Visibility of labour inspectors is of great importance in dealing with issues of human trafficking as a deterrent.

Government member, Zimbabwe – My delegation appreciates the opportunity to contribute to the discussion on the case of Zambia, particularly concerning the implementation of Zambia’s National Policy on Human Trafficking and Smuggling of Migrants and provisions of the National Service Act.

My delegation has taken note of the detailed written information submitted to this Committee by the Government and has also listened carefully to the oral submissions in this session. Zimbabwe applauds Zambia for taking further steps to operationalize the National Policy on Human Trafficking and Smuggling of Migrants, which has led to transformative changes in legislation, institutionally and in practice. My delegation also takes note of the clarification by the Government on the progressive intention of the Zambia National Service recently reintroduced as a voluntary citizen empowerment programme aimed at equipping citizens, especially youth and women, with practical skills, fostering self-reliance and contributing to national unity and development.

It is my delegation’s considered view that the efforts undertaken by the Government are encouraging and a step in the right direction towards the empowerment of vulnerable groups and full application of the Convention in question.

My delegation applauds the willingness of the Government to continue cooperating with the ILO supervisory bodies so as to ensure that a true reflection of information is shared regarding this case.

Finally, we hope the Committee, in its conclusions, will take into consideration the efforts made by the Government and we urge the ILO to continue making technical support available to complement the Government’s efforts to strengthen its observance of international labour standards.

Worker member, United Kingdom of Great Britain and Northern Ireland – I speak on behalf of the workers of the United Kingdom and of the Commonwealth Trade Union Group. The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), the most representative trade union federation in the United States of America, also joins this statement.

The Committee of Experts has raised the issue of trafficking in Zambia on repeated occasions going back to 2005 at least. Today, Zambia is recognized as being a source, destination and route for trafficking. The US State Department in 2024 said in its regular Trafficking In Persons report that Zambia does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. This progress is also noted by the Committee of Experts.

It is further clear that while we are gathered here to hold Zambia to account over the Convention, it is also a regional problem. All of its immediate neighbours have recently been subject to commentary by the Committee of Experts on the subject of trafficking. While this does not absolve Zambia of responsibility, it is important to recognize that some aspects of this problem will only be fundamentally addressed through regional cooperation.

That said, the State Department further notes that Zambian women and children from rural areas are being trafficked into cities for domestic servitude or forced labour in agriculture, textile production, mining, construction, street vending, small businesses and forced begging. These issues are chiefly the responsibility of the Government of Zambia to address. We are encouraged to hear of the greatly improved relationship between the Government of Zambia and the country’s trade unions. This presents a huge opportunity to address some of those root causes of trafficking and to work with unions as partners in identifying and protecting victims. Fundamental labour rights, including freedom of association and collective bargaining along with living wages, have been shown worldwide to reduce instances of exploitation. Applying labour rights to all workers regardless of status similarly mitigates against trafficking. It is relevant, therefore, to revisit the guidance of the International Trade Union Confederation (ITUC) on combating trafficking, which states that governments should strengthen legal frameworks. We note that Zambia has not yet ratified the Protocol to this Convention, which modernizes the Convention to address the current challenges of trafficking. Article 5 of the Protocol requires that Members shall cooperate with each other to ensure the prevention and elimination of all forms of forced or compulsory labour. As half of Zambia’s neighbours have ratified the Protocol, this presents the Zambian Government with an opportunity to address the regional nature of the problem if it will only join them in ratifying the Protocol, which also provides other crucial legal and practical frameworks for fighting modern slavery.

The Government should also improve law enforcement and victim protection, including ensuring that those affected are treated as victims and not as illegal migrants, raising awareness and working with unions, educating workers to increase the nation’s capacity to identify and support victims, and reporting abuses, boosting labour inspection, increasing the capacity to monitor recruitment agencies and supply chains, and addressing root causes like poverty, discrimination and lack of educational opportunities. Compliance with the Convention does not exist in a vacuum.

Good practice on observing all the ILO Conventions represents the basic blueprint for defeating all forms of exploitation and we urge the Government to take every opportunity to engage with its unions on making this happen.

Government member, Mozambique – The Government of the Republic of Mozambique expresses its full support for the Republic of Zambia in its effort to address the concerns raised by the Committee of Experts under the Convention.

Mozambique acknowledges the proactive steps Zambia is undertaking, including its request for technical and financial assistance from the ILO to strengthen its legislative institutional and operational response to forced labour and trafficking. We commend Zambia’s commitment to international labour standards and its willingness to work collaboratively to overcome persistent silence.

As a country equally committed to the fight against forced labour and exploitation, Mozambique recognizes the importance of international cooperation and solidarity. We encourage the ILO and its constituents to respond positively to Zambia’s call to action and to ensure that no Member State is left behind in the good global effort to eliminate all forms of forced labour.

In conclusion, Mozambique affirms its full support for Zambia’s efforts and expresses its readiness to engage in shared learning and mutual assistance as we work together towards common objectives and decent work and social protection for all.

Government member, Belarus – We would like to thank the Government of Zambia for providing detailed information on the issue under consideration. We welcome the legislative and practical measures the Government has taken to implement the National Policy on Human Trafficking and Smuggling of Migrants, as well as to provide assistance to victims of these crimes. We positively acknowledge the measures taken by the Zambian Government to raise public awareness, including disseminating through mass media the information about relevant legislation, citizens’ rights and ways to inform the authorities of unlawful acts related to human trafficking. Given the Government of Zambia’s commitment to fulfil its obligations under the Convention, we call on the ILO to provide the country with technical assistance in implementing these measures.

Worker member, Spain – I would like to express our deep concern about Zambia’s persistent failure to comply with the Convention, and in particular the structural deficiencies in its legal framework. While we recognize that Zambia has ratified the Convention and has adopted measures such as the National Policy on Human Trafficking in 2022 and the National Action Plan 2023–28, these efforts are seriously undermined by legislative and institutional gaps that have not yet been addressed.

Firstly, Zambia lacks a comprehensive and independent definition of forced labour, in accordance with Article 2(1) of the Convention. The Anti-Human Trafficking Act of 2008 conflates trafficking with forced labour and does not cover the full spectrum of coercive practices defined by the Convention, that is to say, all work or service exacted under the menace of any penalty and not offered voluntarily. This legal ambiguity hinders the effective identification, investigation and prosecution of all forms of forced labour in the country.

Secondly, the National Service Act of 1971 remains incompatible with the Convention. This legislation allows compulsory national service for non-military purposes, in breach of Article 2(2)(a), which excludes from the scope of the Convention only service of a strictly military nature.

Thirdly, the application of criminal penalties, as required by Article 25 of the Convention, remains insufficient. Although legislation against human trafficking exists, prosecution and conviction rates remain low, and many victims are not even identified. The lack of an operational support fund and the limited scope of the National Referral Mechanism further exacerbate the problem.

It is also a source of grave concern that prison labour practices may contravene the Convention, particularly when prisoners perform work without guarantees of its voluntary nature.

We welcome the Zambian President’s statement last December confirming the resumption of voluntary national service and we hope that this will be put into legislative practice. However, the legal shortcomings mentioned above have serious consequences and contribute to Zambia remaining a country of origin, transit and destination for victims of forced labour and trafficking, particularly women, children and young persons.

In view of the above, it is essential that Zambia:

• adopts a clear and comprehensive definition of forced labour in its legislation;
• amends or repeals the National Service Act of 1971 to comply with the Convention;
• strengthens the effective application of criminal penalties against perpetrators; and
• ensures comprehensive protection for all victims with real access to justice and compensation.

Government member, Namibia – Namibia aligns itself with the statement delivered by Zimbabwe on behalf of the SADC countries. As such, we recognize the fundamental importance of international labour standards in promoting decent work, social justice and inclusive development.

Namibia commends the Government of Zambia for its significant effort in tackling trafficking in persons, particularly through the recent adopted National Policy. This policy is structured around four key pillars: prevention, victim protection, offender prosecution and partnerships, demonstrating a time-based approach consistent with ILO values.

The policy also sets out four measurable objectives, namely:

• reducing the incidence of trafficking by 2030, enhancing the criminal justice system’s capacity to prosecute traffickers by 2026;
• strengthening support services for victims, witnesses and at-risk individuals by 2030;
• reinforcing the importance of the survivor centres approach; and lastly
• reinforcing national, regional and international cooperation by 2025.

Zambia’s response to forced labour and human trafficking aligns with international human rights standards emphasizing victim protection, capacity-building for law enforcement and the reintegration of survivors into society.

Namibia believes this framework can serve as a model for other nations. It therefore calls for comprehensive technical and financial assistance to support the Zambian Government’s efforts in eradicating forced labour and related practices, particularly in the area of legal frameworks alignment, victim support system, public awareness campaign, data collection and institutional coordination.

Government member, Pakistan – Pakistan expresses its full support for the Government of Zambia’s commitment to eradicating forced labour and trafficking. We commend Zambia’s concrete steps, including legislative reforms and institutional measures, in line with the Convention. Pakistan welcomes Zambia’s request for ILO technical assistance and financial assistance and urges continued support from the international community to Zambia to strengthen its national frameworks and protection mechanisms. We appreciate Zambia’s constructive engagement with the ILO supervisory system and reaffirm the importance of solidarity and cooperation in achieving decent work for all.

Interpretation from Arabic: Government member, Egypt – My delegation would like to welcome the statement by the representative of Zambia on the implementation of the Convention. We appreciate the relentless efforts made by Zambia to fulfil its obligation with the Convention in line with a number of legislative reforms undertaken by the Government of Zambia including the promulgation of the Correctional Service Act and the national policy for combating drugs and restricted substances, and the implementation of an Anti-Human Trafficking Act, which all contribute to this process.

We have noticed with great interest the determination of the country to continue to cooperate with the Organization and with the Committee of Experts through tripartite consultations. The State of Zambia is also determined to continue with reforms to institutional bodies, to combat forced labour through training in the prison sector and in labour inspection and, in continuation of these positive measures, my delegation would like to encourage Zambia to accept technical assistance from the Office and to review national legislation. My delegation expresses its appreciation for the effort by Zambia to develop social dialogue and to improve the legislation implemented. In conclusion, we really are satisfied with the progress made and we hope that the Committee will take into account the progress made and reflect that in its report.

Government member, United Republic of Tanzania – The United Republic of Tanzania welcomes the report of the Government of the Republic of Zambia on the implementation of the Convention. We also took note of the serious concerns relating to human trafficking and the protection of vulnerable populations, especially women and children. We commend the significant progress made by the Government of Zambia in enacting the Zambia Correctional Service Act in 2021, amending the Anti-Human Trafficking Act in 2022 and launching the National Drug and Substance Control Policy in 2024. These are concrete legislative and policy steps that show Zambia’s commitment to its international obligations.

Tanzania acknowledges Zambia’s request for technical and financial assistance to review and strengthen its legal and policy frameworks to align with the Convention, develop victim referral and protection systems, improve data collection and monitoring mechanisms, capacity-building and training for law enforcement agencies, and awareness campaigns for targeted communities. This reflects a commitment to continuous improvement which should be encouraged and supported.

The Government of the United Republic of Tanzania asks the Committee to recognize the efforts and the progress made by Zambia and to consider its request to provide the necessary support through ILO technical assistance mechanisms to reinforce these efforts. The Government of the United Republic of Tanzania equally encourages the Government of Zambia to intensify efforts to adhere to the Convention.

Government member, Cameroon – The Government of Cameroon would like to thank the Government of Zambia for its efforts to respond to the observations of the Committee. Even more, Cameroon appreciates Zambia’s commitment to implementing all the international commitments it has entered into, and also the progress made at national level to give effect to the provisions of ratified international Conventions, in this case Convention No. 29. It further appreciates the legislative and institutional measures taken, which should not be overlooked.

Without going into full detail, we can mention as a few examples the promulgation of the Correctional Service Act of 2021, the amendment of the Anti-Human Trafficking Act of 2022 and, especially, the capacity-building for all stakeholders in the fight against trafficking.

Far from thinking that these actions are a universal cure as regards the application of the Convention, the Government of Cameroon requests the Committee to allow Zambia to continue its efforts to combat trafficking in persons and to continue the necessary dialogue for better implementation of ratified Conventions. We also ask this sister Government to pursue its awareness-raising campaigns and support for trafficking victims, and to impose the penalties established for the perpetrators of trafficking. Lastly, we ask the Committee to take account of these elements when drafting the conclusions, and ask the Office and partners to provider this sister country with all the different forms of support needed to eradicate this scourge.

Government member, Bangladesh – Bangladesh wishes to commend the Republic of Zambia for its transparency, commitment and constructive engagement with the ILO in responding to the observations of the Committee of Experts concerning the implementation of the Convention. Bangladesh recognizes the complex challenges faced by many developing countries, including Zambia, in tackling forced labour and human trafficking. We applaud Zambia’s initiative to request technical and financial support from the ILO and its clear commitment to strengthening legal frameworks, improving victim protection and enhancing enforcement mechanisms. As a fellow Member of the ILO, Bangladesh strongly supports Zambia’s call for assistance in building institutional capacity, conducting awareness campaigns and fostering inclusive social dialogue. We ask the ILO and the developing partners to provide the necessary support to Zambia to fulfil its obligations under the Convention in upholding the fundamental rights of all workers.

Bangladesh stands in solidarity with Zambia in its efforts to eradicate forced labour and pledges to continue working collaboratively with the ILO framework to advance decent work, human dignity and social justice globally.

Government member, Eswatini – Eswatini supports the statement delivered by Zimbabwe on behalf of the SADC countries. From hearing the submissions made by the representative of the Government of Zambia on the progress made so far regarding the implementation of the observations made by the Committee of Experts, we note that the Government has reaffirmed its commitment to fulfil or to fully implement its obligations under the Convention and to enhance its national efforts aimed at eradication of forced labour in all its forms.

In an attempt to upscale its efforts in this regard and in demonstrating its acceptance of the comments made by the Committee of Experts, we note that the Government is availing itself of the ILO’s technical and financial assistance in a number of areas such as follows:

• (1) review the progress of the identified national legislation and policy framework to align with the requirements of the Convention;
• (2) capacity-building for law enforcement officers, including labour inspectors, immigration personnel and other front-line responders on identifying and handling cases of forced labour and human trafficking;
• (3) support in developing victim referral and protection systems including assistance in establishing shelters and rehabilitation centres or services for victims;
• (4) assistance in improving data collection and monitoring mechanisms including the development of centralized databases for forced labour and trafficking;
• (5) conducting public awareness campaigns; and
• (6) support in creating coordination among all relevant government institutions, civil society, and social partners in implementing a comprehensive National Strategy against Forced Labour and Human Trafficking.

In adopting its conclusions, we urge this Committee to accept the commitment already presented by the Government to strengthen its efforts in the implementation of this Convention. We urge the Committee to reckon that with the open demonstration of a political will and commitment by the Government regarding ensuring the effective implementation of its obligations under this Convention, further progress regarding this case should conveniently be monitored through a tripartite approach at the national level in upholding the spirit of social dialogue and tripartism.

Government member, Niger – Niger would like to thank the Government of Zambia for the presentation of its report. My delegation notes with appreciation the good faith and goodwill of Zambia, which reaffirms its commitment to fully implementing the Convention and to intensifying its efforts to eradicate all forms of forced labour. In this regard, Niger supports and congratulates the efforts of the Government of Zambia and the remarkable progress it has achieved. My delegation also notes with appreciation the legislative and political measures taken by Zambia in order to respond to the challenges highlighted by the Committee of Experts.

Responding fully to these challenges requires resources and time. We invite the ILO to provide all necessary financial and technical assistance to Zambia to implement effectively and efficiently the above-mentioned policy and legislative measures and to improve them, if necessary.

Social dialogue is the cornerstone of the ILO. We invite the social partners to support the Zambian Government in its fight to tackle the challenges identified through constructive tripartite consultations.

Finally, Niger reaffirms its support for Zambia, which it congratulates, and reiterates its call to the ILO, the social partners and all the international partners in a position to do so to support and assist the Government of Zambia in its efforts to eradicate this scourge. We would also like to invite the Committee, in its conclusions, to take into account this good faith, goodwill and progress made by Zambia.

Government representative - As we conclude this evening’s discussion for our country, we are most grateful for all the comments provided both severally and individually. Special thanks to the SADC and its Member States, the EU and its Member States and indeed other blocs, the Workers and the Employer members. I want to assure you that we have listened carefully to your submissions.

Allow me to reaffirm the unwavering commitment of the Government of the Republic of Zambia to the total eradication of forced labour wherever and however it may occur. We do recognize that forced labour undermines the very core of human dignity and decent work and we remain fully dedicated to aligning our national laws, policies and practices with international labour standards. The progress we have outlined today reflects Zambia’s deliberate and ongoing efforts through legal reforms, institutional strengthening and broad based stakeholder engagement to respond to the complex challenges of forced labour and human trafficking.

Regarding the concerns on the delayed amendment of the Zambia National Service Act, I want to indicate that under the current Government remarkable progress has been made since assuming office in August 2021. We are aware of the 1994 commitments but I want to state here that under this current Government a lot of amendments are being made. For instance, for the Apprenticeship Act of 1965, we have a work-based learning Bill of 2025, and we are still recording progress in other areas.

We have equally taken note of the concern regarding the operationalization of the Anti Human Trafficking Fund. As Government, working with our social partners, we will do everything possible.

You may wish to note that Zambia experienced one of the worst droughts during the 2023–24 farming season. The drought adversely affected sectors such as agriculture, energy, food security and availability of water, consequently 6.6 million people were affected. This led to the President declaring the country’s drought as a National Disaster and Emergency on 29 February 2024. This is why we are saying we are still committed. We just had these unique challenges. The effects of drought continue to cause untold misery among most Zambians due to increased load shedding and threatened food security. The Government has, however, remained resilient despite this major setback by proactively coming up with various interventions to mitigate the suffering of its citizens.

I also want to state here that the ILO has made a commitment that in July this year a mission will be made to Zambia. Therefore, as Government, we have requested comprehensive support on international labour standards, including on the obligation of submission. This mission working together with our social partners will be handy. I also want to state here that the recent ratification of the Violence and Harassment Convention, 2019 (No. 190), is a testament to the Government’s commitment to the transformative character of international labour standards.

Regarding the concern of Zambia being a source, destination and transit country for labour migration, you may wish to note that Zambia has developed the National Labour Migration Strategy 2024–28. It also came up with ethical recruitment guidelines for employment agencies to be concluded by mid-June this year. We have equally developed and launched the 2022 Labour Migration Statistical Report. I have also got concerns concerning the Protocol of 2014 to the Forced Labour Convention, 1930 (P029). I want to put it on the record that while we regret the delay, progress has been made. As I submit before this Committee, we have since submitted the Protocol to the Cabinet Office. We just did this in May 2025. I further wish to conclude that, as the Government of Zambia, we are yet to sign a Memorandum of Understanding with the State of Qatar. This has been cleared by the Attorney General. It awaits the signing ceremony.

We are deeply grateful for the constructive dialogue and the valuable observations shared by the Committee and Member States. These engagements not only reinforce our shared values but also strengthen our resolve to do more and do better.

We look forward to continued collaboration with the ILO and warmly anticipate positive technical support and assistance for our efforts in addressing the remaining areas of concern. Together, through partnership and mutual commitment, we can build stronger systems that promote rights, protect the vulnerable and ensure decent work for all.

Employer members – The Employer members would like to thank all the speakers who have taken the floor. We also sincerely thank the Government of Zambia for the information it has provided both in its written submissions and today in person.

In closing, we note that the Convention is a fundamental Convention. We would like to stress once again that the Employer members consider unacceptable any forms of forced labour and other abusive practices amounting to forced labour, notably when they include or target the most vulnerable categories of society. Our position thus aligns in this regard with that of the Committee of Experts and the Worker members. It cannot be overstated how damaging trafficking in persons is, nor how complex these issues can be to effectively remediate.

One of the complexities that has been highlighted today is that trafficking presents transnational and criminal actors. As one of our Worker colleagues noted, this could be characterized as a regional problem. It was thus heartening to hear and see so much interest and support for this work from African countries today. It is in this regard that the work of the international community, including the ILO and the Committee, is most critical. Zambia appears to have started to build a real infrastructure to meet these challenges, but as we all know, the real work involves effective operationalization. The Employer members thus request the Government to:

• (1) ensure the complete elimination of the use of compulsory labour;
• (2) continue in its material efforts to eradicate trafficking in persons through its National Policy on Human Trafficking and Smuggling of Migrants, and any other meaningful law, policy or initiative;
• (3) cooperate with the ILO and independent social partners to ensure the full application of the Convention in practice;
• (4) provide information on concrete measures taken in this respect, including the detail and nature of consultations taken to achieve compliance with the Convention;
• (5) further dialogue with the ILO and independent social partners on the scope of its National Service Act, including the provision of the information requested by the Committee of Experts regarding the details of relevant assignments along with the nature of those assignments, as well as any legislative or other changes that are necessary to achieve compliance with the Convention.

We trust that the Government will implement such recommendations in a timely manner to achieve full compliance.

Worker members – Forced labour in all its forms remains a grave concern and demands urgent and sustained action. While we welcome the steps Zambia has taken, we must also acknowledge that the measures adopted to date are not yielding the desired results. The Convention obliges States to make forced or compulsory labour punishable as a penal offence, and to ensure that penalties are truly adequate and strictly enforced. Implementation must be effective and not symbolic. As previously stated, Zambia continues to face serious challenges as a source, transit and destination country for victims of trafficking, including women and young men. We note that the National Policy has outlined four key objectives: reducing the incidence of trafficking by 2030; enhancing criminal justice capacity to prosecute cases by 2026; strengthening protection services for victims and witnesses by 2030; and improving coordination and cooperation at all levels by 2025. We therefore urge the Government to ensure that: adequate funding and institutional capacity are in place to meet these objectives; assistance is sought from the ILO when needed; and regular updates are provided to this Committee.

We request the Government to:

• share results of any assessment of the implementation of the National Policy along with the identified challenges and response measures;
• provide updated statistics on victims identified and the assistance they have received;
• clarify the functioning of the National Referral Mechanism and the Anti-Human Trafficking Fund;
• continue to strengthen the capacity of law enforcement, prosecutors and investigators;
• provide information on witness protection measures and the effectiveness of the Witness Management Fund; and
• ensure nationwide cooperation among all stakeholders involved in the fight against trafficking.

On national service, we again urge the Government to amend the relevant legislation and provide data on the nature and scope of compulsory national service, in full compliance with Article 2(2)(a) of the Convention. Eliminating forced and compulsory labour is a core obligation under international law and a shared moral imperative. We therefore urge Zambia to intensify its efforts and to ensure that its legal and institutional framework delivers real, measurable results for victims and communities, and to also request ILO assistance in this regard.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed.

The Committee noted the efforts by the Government to meet its obligations under the Convention including the adoption of the National Policy on Human Trafficking and Smuggling of Migrants and its implementation plan in 2022 which is an important step in eradicating trafficking as an element of forced labour. The Committee noted however with concern that there is an increase in cases of trafficking and that Zambia remains a source, transit and destination country for victims of trafficking.

Taking into account the discussion, the Committee requested the Government, in consultation with the social partners, to:

• take effective 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 recovery and rehabilitation of all victims of forced or compulsory labour, as well as the provision of other forms of assistance and support;
• ensure the prosecution of perpetrators and the imposition of dissuasive sanctions;
• ensure the operationalization of measures to provide logistical support to witnesses and victims called to testify and measures to facilitate evidence-gathering for effective prosecutions;
• continue to strengthen the capacity of law enforcement officials and build the capacity of prosecutors and investigators;
• take effective measures to strengthen the coordination and cooperation with key stakeholders, such as police investigators and the judiciary, throughout the whole country, in the fight against trafficking in persons;
• take the necessary measures to amend the Act so as to limit the work exacted as part of the Zambian National Service, to work which is of a purely military nature, in compliance with Article 2(2)(a) of the Convention and 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;
• provide all pending information requested by the Committee of Experts.

The Committee requested the Government to avail itself of the technical assistance of the ILO and to provide a detailed report on the measures taken to implement the above recommendations by 1 September 2025.

Chairperson – I invite the representative of the Government of Zambia to take the floor.

Government representative – Zambia takes note of the conclusions and the Committee’s recommendations and wishes to reiterate its commitment to addressing the concerns raised on human trafficking.

Regarding the concerns on the delayed amendment of the Zambian national service (ZNS) Act, Zambia wishes to state again that the Government has made remarkable progress. The Act has undergone a consultative process of its amendment and the Cabinet granted approval in principle of this Act. The amendment includes the merging of the ZNS and the Defence Acts into one consolidated Act. The bill was submitted to the Ministry of Justice. The process awaits the conclusion of the defence policy which is under the Ministry of Defence. These amendments take into account the provision which seemingly contravenes the Convention.

The Government would once again wish to reiterate that it does not impose compulsory national service. It is purely voluntary. The Committee may wish to note that the recruitment criteria for the youth to undergo this voluntary skills training programme under the ZNS include: being a Zambian citizen, aged between 18 and 35 years, having the minimum of a grade 12 certificate or equivalent, being vulnerable as assessed by the Social Welfare Department, and having no criminal record.

The detailed progress report will be submitted, as recommended, especially as we expect the ILO to assist in capacity-building, among other things, in July 2025.

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Article 2(2)(c) of the Convention. Prison labour. The Committee previously noted that, pursuant to sections 51(1) and 52(3) of the Zambia Correctional Service Act, 2021, inmates shall engage in work and may be employed by a registered institution, person or body, upon authorization and on terms and conditions that may be determined.

The Government indicates, in its report, that the possibility for inmates to be employed by certain institutions was introduced with a view to their rehabilitation and reintegration. With this aim, the correctional service has entered into a Memorandum of Understanding (MoU) with a Zambian textile company to enable inmates to be employed in the production of clothes and garments at Mwembeshi Correctional Centre, under the supervision of correctional officers. With regard to the working conditions of inmates, the Government indicates that Statutory Instrument No. 388 of 1966 provides for the introduction of earnings schemes and sets the rates of earnings. The Government adds that the correctional service does not currently have any private entities employing convicted inmates.

The Committee wishes to underline that work carried out by prisoners for private entities is only compatible with the Convention if it is performed under conditions approximating those of a free employment relationship, that is to say, with the formal, free and informed consent of the persons concerned, and with the guarantees and safeguards covering the essential elements of an employment relationship, such as wages, occupational safety and health, and social security. The Committee therefore requests the Government to continue to indicate whether, in practice, prisoners have been employed by private entities and, if so, to specify how the formal, free and informed consent of the prisoners was obtained, as well as their conditions of employment and remuneration.

Article 25. Penalties for the exaction of forced labour. The Committee previously noted that, pursuant to section 8 of the Employment Code Act, 2019, and section 263 of the Penal Code, the exaction of forced labour is punishable by a fine or imprisonment for a term not exceeding two years, or both. It drew the Government’s attention to the fact that, given the seriousness of the forced labour offence, legislation providing for the possibility of a fine alone or a very short prison sentence cannot be considered to be effective. The Committee notes that the Government refers only to offences related to trafficking in persons. With a view to assess that perpetrators of forced labour are punished with adequate and sufficiently dissuasive penalties, the Committee once again requests the Government to provide information on the application of the above-mentioned sections of the Employment Code and the Penal Code to cases of forced labour that do not constitute trafficking in persons, indicating the specific penalties imposed in such cases.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee takes note of the observations of the International Organisation of Employers (IOE), received on 1 September 2025. It also takes note of the observations of the International Trade Union Confederation (ITUC), received on 2 September 2025, and of the Government’s reply thereto. The IOE and the ITUC reiterate the comments made in the discussion held by the Committee on the Application of Standards (Conference Committee) in June 2025 and express the hope that progress will be made in the application of the Convention, in line with the conclusions of the Conference Committee.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference , 113th Session , June 2025)

The Committee notes the detailed discussion that was held by the Conference Committee at the 113th Session of the International Labour Conference (June 2025), regarding the application of the Convention by Zambia.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National action plan and coordination mechanisms. The Committee observes that, while noting the efforts undertaken by the Government to eradicate trafficking in persons, including through the adoption of the National Policy on Human Trafficking and Smuggling of Migrants and its implementation plan in 2022, the Conference Committee noted with concern the increase in cases of trafficking in Zambia, which remains a source, transit and destination country for victims.

The Committee takes due note of the Government’s indication, in its report, that it launched the 2025–27 National Action Plan to Combat Human Trafficking and Smuggling of Migrants on 30th July 2025. The Government specifies that the new Action Plan will include a monitoring and evaluation framework to assess results, identify implementation challenges, and guide necessary adjustments over the 2025–27 period.

The Government further states that it has initiated the development of a National Communication Strategy on Human Trafficking, which is intended to raise public awareness and prevent trafficking through targeted, culturally appropriate messaging and outreach initiatives. In addition, the National Committee on Human Trafficking serves as the main coordination platform at the national level and meets once a quarter to share information and agree on joint actions in the fight against trafficking in persons. The Anti-Human Trafficking Department is responsible for driving national efforts to combat trafficking in persons, including ensuring a harmonized approach to prevention, protection and prosecution, and prepares quarterly and annual reports on the implementation of programmes to combat trafficking in persons.

The Committee requests the Government to pursue its efforts to prevent and combat trafficking in persons and to provide information on the activities undertaken to this end by the National Committee on Human Trafficking and the Anti-Human Trafficking Department. The Committee also requests the Government to take the necessary measures to ensure the effective implementation of the 2025–27 National Action Plan to Combat Human Trafficking and Smuggling of Migrants, and to specify the results achieved, the implementation challenges encountered, and the adjustments made, within the monitoring and evaluation framework.

2. Identification and protection of victims. Both the Committee and the Conference Committee have requested the Government to ensure the effective identification of victims of trafficking for sexual and labour exploitation, and to provide them with appropriate and adequate protection and assistance.

The Government indicates that a collaborative approach is being implemented to identify and assist victims of trafficking, including through enhanced coordination between immigration and police officers at border and exit points, as well as training of labour inspectors and social workers in strategic border towns. It also indicates that, from January to June 2025, 43 victims of trafficking were identified, of whom 32 females and 11 males. All received counselling, 29 received repatriation services and one received reintegration services. They were provided with shelter, clothing, food and legal services.

In addition, the Committee notes from the written information provided to the Conference Committee by the Government, that in 2024, 186 victims were identified, of whom 73 received various forms of assistance such as shelter, food, clothing, psychosocial counselling, translation and interpretation services, legal services, and repatriation support. The Government also stated that the Victim Fund had been established and guidelines for its disbursement are under development.

The Committee takes due note of the efforts made by the Government and encourages it to continue to take measures to ensure the proper identification of victims of trafficking in persons for both labour and sexual exploitation and provide them with appropriate protection and assistance. The Committee hopes that measures will be taken for the functioning of the Victim Fund. Please provide information, and where appropriate any texts, on the functioning of the Victim Fund. The Committee also requests the Government to continue to provide information on the number of victims who have been identified and who have received protection and assistance.

3. Prosecution and application of penalties. The Committee notes that the Conference Committee requested the Government to ensure the prosecution of perpetrators and the imposition of dissuasive sanctions, and to continue to strengthen the capacity of law enforcement officials.

It notes the Government’s information that, in 2024, a total of 2,204 law enforcement officials were trained in identifying, investigating, and prosecuting cases of trafficking in persons. In addition, a guide and a trafficking in persons training programme are being developed to provide structured guidance to prosecutors, investigators, and judicial officers on how to effectively handle trafficking cases.

The Government also reiterates the information communicated to the Conference Committee that, in 2024, 41 cases of trafficking were investigated, 22 cases were prosecuted, and five convictions were secured, one of which resulted in a sentence of 13 years’ imprisonment for attempted trafficking in persons, while others are awaiting sentencing by the High Court. Eight investigations related to trafficking in persons are currently under way.

Moreover, the Committee notes the information provided by the Government to the Conference Committee, according to which information on the provisions of the Anti-Human Trafficking Act, the rights of individuals, and available channels for reporting suspected cases of trafficking in persons has been disseminated to the public through the media and at community meetings.

The Committee requests the Government to continue to take the necessary measures to ensure that law enforcement bodies have adequate capacity and resources to detect cases of trafficking in persons and carry out the appropriate investigations to gather evidence and initiate legal proceedings against perpetrators. It requests the Government to continue to provide up-to-date information on the number of reports, investigations, prosecutions, convictions and penalties imposed under the Anti-Human Trafficking Act.

Article 2(2)(a). National service obligations. In line with the previous requests made by the Committee, the Conference Committee requested the Government to take the necessary measures to amend the National Service Act, 1971, so as to limit the work exacted as part of the compulsory Zambian National Service to work of a purely military nature. It also requested 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 recalls that under section 3 of the National Service 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. According to section 7 of the Act, 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 the Government’s indication that it is actively taking steps to amend section 3 of the National Service Act, in particular to ensure that any service required under the Act is of a purely military nature. The Government states that the draft bill is currently under review by the Ministry of Justice and will be presented to Parliament once the necessary steps have been finalized. The Government adds that, despite the provisions of the legislation, the military training offered by the Zambian National Service is voluntary in practice, since individuals are invited to apply and are selected on merit through a rigorous process. The Government also points out that even if the above-mentioned sections of the Act were to be enforced, they would still comply with Article 2(2)(a) of the Convention, as the training is of a military nature.

While noting this information on the implementation of the Zambian national service in practice, the Committee emphasizes that the fact that section 3 provides for the possibility of employment in tasks of national importance permits the use of service members in work or services that are not of purely military character. Therefore, the Committee urges the Government to amend the National Service Act with a view to aligning the national legislation with the Convention and the practice indicated, for example by ensuring that the work required under the Zambian National Service is of a purely military nature, or that the voluntary nature of the Zambian National Service is expressly stated. Please provide information on the progress made in this regard and, in particular, once it has been adopted, a copy of the law amending section 3 of the National Service Act.

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

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

Article 2(2)(c) of the Convention. Prison labour. The Committee notes that section 51(1) of the Zambia Correctional Service Act, 2021, provides that a criminal inmate shall engage in work within or outside the precincts of a prison or correctional centre. In addition, section 52(3) provides that inmates under a sentence of imprisonment may be employed by a registered institution, person or body, upon authorization and on terms and conditions that may be determined. The Committee recalls that, by virtue of Article 2(2) of the Convention, the compulsory labour of convicted persons is not considered as forced labour when it is carried out under the supervision and control of a public authority; and prisoners are not hired to or placed at the disposal of private individuals, companies or associations. Therefore, the Committee requests the Government to indicate the registered entities for which convicted persons may work and to provide information on the conditions under which such work may be carried out.

Article 25. Penalties for the exaction of forced labour. The Committee notes that the Employment Code Act, 2019, provides for a penalty of a fine or imprisonment for a term not exceeding two years, or both, for the exaction of forced labour (section 8). As for the Penal Code, section 263 provides that any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour, which is punishable with imprisonment for a term not exceeding two years or with a fine or with both. The Committee draws the Government’s attention to the fact that considering the seriousness of the forced labour offence and given that sanctions need to be dissuasive, legislation providing for the possibility of a fine alone or a very short prison sentence cannot be considered to be effective. The Committee requests the Government to provide information on the manner in which it is ensured, both in law and practice, that perpetrators of forced labour are punished with adequate and dissuasive penalties. Please provide specific information on cases/hearings on any convictions or enforcements in accordance with the aforementioned sections of the respective Codes or any other relevant legal provisions, along with the specific penalties imposed.

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

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.

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.