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

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

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.