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

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

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are not used in practice, the Committee reiterates its hope that the National Service Act, 1971, will soon be repealed to achieve legislative conformity with the Convention and the indicated practice.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.