among vulnerable populations. However, the government’s inability to report the number of victims identified and
assisted in 2014 and the drop in its efforts to increase the availability of shelter options, in addition to the
significant reduction of its anti-trafficking budget, raise serious concerns about the government’s political will
and capacity to provide adequate services to human trafficking victims.While the government investigated cases
involving a small number of victims from neighboring countries, it failed to criminally investigate more organized
trafficking operations involving foreign companies and did not seriously address internal trafficking, including
child domestic servitude.
RECOMMENDATIONS FOR ZAMBIA:
Implement the 2008 anti-trafficking act by ensuring use of a broad definition of trafficking that does not rely on
evidence of movement, but rather focuses on exploitation, consistent with the 2000 UN TIP Protocol; amend the
trafficking law so that force, fraud, or coercion are not required for cases involving children under the age of 18
to be considered sex trafficking crimes; increase anti-trafficking funding and continue to improve government
services for victims through the establishment of additional shelters; investigate and prosecute internal
trafficking cases involving both children and adults in prostitution and forced labor; continue to train police,
immigration officials, prosecutors, and judges on investigating and prosecuting trafficking crimes; increase the
number of labor inspectors and ensure they are trained on trafficking indicators; formalize and implement victim
identification and referral procedures; improve coordination among service providers to prevent detention of male
victims and facilitate their placement in shelters; actively use the new database to compile information on
trafficking cases and trends for use by all stakeholders; and continue to conduct public awareness campaigns.
PROSECUTION
The government maintained anti-trafficking law enforcement efforts, initiating four prosecutions in 2014, compared
to three prosecutions in 2013.The anti-trafficking act of 2008 criminalizes some forms of trafficking; although
contrary to international law, it requires the use of threat, force, intimidation, or other forms of coercion for a
child to be considered a sex trafficking victim.The act prescribes penalties ranging from 20 years’ to life
imprisonment, which are sufficiently stringent and commensurate with penalties prescribed for other serious crimes,
such as rape.
The government investigated five potential trafficking cases, initiated prosecution of four of these cases, and
convicted one defendant of trafficking.The government convicted a Zambian woman for exploiting seven Congolese
children in forced labor; sentencing remained pending in the High Court. A majority of the trafficking cases
investigated involved cross-border trafficking of women and children for labor and sexual exploitation; the
government failed to investigate internal cases involving Zambian children in prostitution and domestic servitude
or forced labor in the
Zambian mining and agricultural sectors. In one case pending from the previous reporting period, the government did
not obtain a conviction of a suspected recruiter and trafficker for their alleged enslavement of a Zambian girl in
domestic servitude. Generally, criminal investigations into forced child labor offenses or cases in which victims
were not moved across borders were rare; the Ministry of Labor and Social Security (MLSS) Child Labor Unit cited
mediation with parents as the usual process for handling child labor cases.The government remained limited in its
capacity to adequately monitor the mining and agricultural sectors and failed to criminally investigate or
prosecute companies responsible for labor trafficking in these sectors; allegations of large or foreign companies
and foreign governments exerting influence over officials remained a concern.The government did not report any
investigations, prosecutions, or convictions of government officials complicit in human trafficking offenses.
Training covering the 2008 anti-trafficking act was included in all law enforcement courses at the police academy,
as were investigation techniques and procedures to identify and protect victims. The government continued use of
its database to track trafficking case data, and in 2014 it expanded the piloted program to include additional
police stations. The government increased its partnerships in the region by initiating routine coordination of
anti-trafficking efforts with Zimbabwe and South Africa during the reporting period.
PROTECTION
The government decreased efforts to protect victims and did not increase its capacity to more aptly do so. It
continued to rely on international organizations and local NGOs to provide the majority of victim care, with only
modest in-kind support and acknowledged a shortage of shelters in the country, particularly for male victims. The
government allocated 570,000 kwacha ($89,400) for its anti-trafficking budget, a significant decrease from the
previous year’s budget of 1,358,700 kwacha ($213,000).The government was unable to report the number of victims
identified due to the lack of a shared database and adequate coordination among service providers; however,
international organizations identified 11 victims of labor exploitation, two victims of sexual exploitation, and
two victims of both labor and sexual exploitation.
The government, in cooperation with international partners, developed and launched a series of protection tools to
assist officials and service providers in identification of trafficking victims among vulnerable populations, such
as migrants and unaccompanied minors. However, without data on its efforts to identify and refer victims during the
year, it is unclear how these new procedures were implemented. The government reportedly continued use of its
national referral mechanism, while the Ministry of Community Development, Mother and Child Health (MCDMCH) oversaw
the placement of victims in NGO shelters and continued to provide in-kind assistance. Government officials, in
partnership with international organizations, offered routine assistance to victims, including medical care,
counseling, court preparation, repatriation or regularization of immigration status; however, it was unclear how
many victims benefited from these services during the year. The government offered legal alternatives to the
removal of victims to countries where they may face hardship or retribution; however, it is unclear how many
victims received such assistance in 2014.
Zambia’s Minimum Standard Guidelines on Protection of Victims of Trafficking outline minimum requirements for
victim care, to include establishment and upgrade of existing shelters.While the government made vigorous efforts
to increase the availability of shelter options in previous years, government agencies and NGOs reported a lack of
resources to establish or upgrade additional shelters in 2014.The MCDMCH continued to oversee a 40-person shelter
opened in 2012 in Luapula province, in addition to two NGO shelters which remained in operation. MCDMCH’s
construction of a new shelter in Kapiri Mposhi, a key transit point on the border with Tanzania, which was planned
to start in 2013, remained incomplete. NGO shelters did not provide accommodation for male victims over the age of
12. As a result of the lack of shelter availability and resources, it was not uncommon to house victims, even
children, in jail for short periods of time.
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