Paragraph 594
The following legislation relating to slavery or conditions analogous to slavery is presently in force in Zambia:
(a) Constitution of Zambia:
Section 16:
(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this section, the expression “forced labour” does not include:
a. any labour required in consequence of a sentence or order of a court;
b. labour required of any person while he is lawfully detained that, though not required in consequence of a sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
c. any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;
d. any labour required during any period when the Republic is at war or a declaration under Article 30 or 31 is in force or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period, or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or
e. any labour reasonably required as part of reasonable and normal communal or other civic obligation.
(b) Penal Code (Cap. 6):
Section 232:
Any person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, is guilty of a felony, and is liable to imprisonment for seven years.
Section 233:
Any person who habitually imports, exports, removes, buys, sells, traffics or deals in slaves is guilty of a felony, and is liable to imprisonment for ten years.
Section 234:
Any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour.
Article 11. Fundamental rights and freedoms
It is recognised and declared that every person in Zambia has been and shall continue to be entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed, sex or marital status, but subject to the limitations contained in this Part, to each and all of the following, namely:
a. life, liberty, security of the person and the protection of the law;
b. freedom of conscience, expression, assembly, movement and association;
c. protection of young persons from exploitation;
Article 13. Protection of right to personal liberty
- No person shall be deprived of his personal liberty except as may be authorised by law in any of the following cases:
Article 14. Protection from Slavery and Forced Labour
- No person shall be held in slavery or servitude.
- No person shall be required to perform forced labour.
- For the purpose of this Article, the expression “forced labour” does not include—
a. any labour required in consequence of a sentence or order of a court;
b. labour required of any person while he is lawfully detained that, though not required in consequence of a sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
c. any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;
d. any labour required during any period when the Republic is at war or a declaration under Article 30 or 31 is in force or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period, or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or
e. any labour reasonably required as part of reasonable and normal communal or other civic obligation.
Article 22. Protection of freedom of movement
- Subject to the other provision of this Article and except in accordance with any other written law, no citizen shall be deprived of his freedom of movement, and for the purposes of this Article freedom of movement means—
a. the right to move freely throughout Zambia;
b. the right to reside in any part of Zambia; and
c. the right to leave Zambia and to return to Zambia.
Article 24. Protection of young persons from exploitation
- No young person shall be employed and shall in no case be caused or permitted to engage in any occupation or employment which would prejudice his health or education or interfere with his physical, mental or moral development:
Provided that an Act of Parliament may provide for the employment of a young person for a wage under certain conditions.
- All young persons shall be protected against physical or mental ill-treatment, all forms of neglect, cruelty or exploitation.
- No young person shall be the subject of traffic in any form.
- In this Article “young person” means any person under the age of fifteen years.
Constitution 1991 (Rev. 2009) (PDF)
261. Disposing of any person as a slave
Any person who imports, exports, removes, buys, sells or Buying or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, is guilty of a felony and is liable to imprisonment for seven years.
262. Habitual dealing in slaves
Any person who habitually imports, exports, removes, buys, sells, traffics or deals in slaves is guilty of a felony and is liable to imprisonment for ten years.
263. Unlawful compulsory labour
Any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour.
Note: in the 1966 Awad Report, these same provisions appear as Section 231-233.
Penal Code Act (1930) (PDF)
2. Interpretation
(1) In this Act, unless the context otherwise requires—
"child labour" includes all forms of slavery or practices similar to slavery such as—
(a) the sale of a child;
(b) trafficking of a child for the purpose of engaging the child in work away from home and from the care of the child's family, in circumstances within which the child is exploited;
(c) debt bondage or any other form of bonded labour;
(d) serfdom; and
(e) forced or compulsory labour, including forced or compulsory recruitment of a child for use in armed conflict;
"coercion" means violent psychological coercion and other forms of non violent psychological coercion such as—
(a) a threat of serious harm to a person or another person;
(b) any scheme, plan or pattern; or
(c) the abuse or threatened abuse of the legal process; intended to cause a person to believe that, if the person does not perform labour or provide a service, the person or another person will suffer serious harm;
"debt bondage" means the status or condition that arises from a pledge by a person—
(a) of the person's personal services; or
(b) of the personal services of another person under that person's control;
as security for a debt owed, or claimed to be owed, including any debt incurred or claimed to be incurred after the pledge is given, by that person if—
(i) the debt owed or claimed to be owed is manifestly excessive;
(ii) the value of those services as reasonably assessed is not applied toward the liquidation of the debt or purported debt; or
(iii) the length and nature of those services are not respectively limited and defined;
"exploitation" includes—
(a) all forms of slavery or practices similar to slavery, including debt bondage or forced marriage;
(b) sexual exploitation;
(c) servitude;
(d) forced labour;
(e) child labour; and
(f) the removal of body parts contrary to the Human Tissue Act;
"forced labour" means labour or services obtained or maintained through threats, the use of force, intimidation or other forms of coercion or physical restraint;
"practices similar to slavery" include—
(a) debt bondage;
(b) serfdom;
(c) any institution in which, or practice under which—
(i) a woman who does not have the right to refuse is promised or given in marriage on payment of a consideration in money or in kind to her parents, guardian, family or any other person;
(ii) the husband of a woman, his family or his clan has the right to transfer her to another person for value received or otherwise; or
(iii) a woman, on the death of her husband, is liable to be inherited by any other person; or
(d) any institution in which, or practice under which a child is delivered by either one or both of the child's natural parents or by the child's guardian to another person, whether for reward or not, for the purpose of the exploitation of the child;
"servitude" means a condition in which the labour or services of a person are provided or obtained through threats of serious harm to that person or another person, or through any scheme, plan or pattern intended to cause the person to believe that, if the person does not perform such labour or services, that person or another person would suffer serious harm;
"slavery" means the exercise of any or all of the powers attaching to the right of ownership over a person;
"traffic" means to recruit, transport, transfer, harbour, receive or obtain a person, within or across the territorial boundaries of Zambia, by means of—
(a) any threat or use of force or other forms of coercion;
(b) abduction;
(c) fraud or deception;
(d) false or illegal adoption of a child contrary to the Adoption Act or any other written law:
(e) the destruction, concealment, removal, confiscation or possession of any passport, immigration document or other official identification document of a person;
(f) the abuse or threatened abuse of the law or legal process or any other form of abuse of power or of a position of vulnerability; or
(g) the giving or receiving of payments or benefits to achieve the consent of the person;
for the purpose of exploitation;
3. Prohibition of trafficking in persons
(1) Subject to subsections (2) to (11), a person who intentionally and unlawfully trafficks another person commits an offence and is liable, upon conviction, to imprisonment for a term of not less than twenty years and not exceeding thirty-years.
(2) Where the victim of an offence under subsection (1) is a child, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years.
(3) Where the victim of an offence under subsection (1) is trafficked for the purpose of sexual exploitation, the offender is liable to imprisonment for a term of not less than twenty-five years and may be liable to imprisonment for life.
(4) Where the victim is trafficked for the purpose of engaging the victim in the worst forms of labour or child labour, the offender is liable to imprisonment for a term of not less than twenty-years and not exceeding thirty-five years.
(5) Where the victim of an offence under subsection (1) is abducted, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years.
(6) Where the trafficking results in the death or grievous bodily harm of a victim, the offender may be liable to imprisonment for life.
(7) Where the offender is the natural parent, guardian or any other person who has parental responsibilities and rights in respect of a child and the offender trafficked or permitted the trafficking of the child, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years.
(8) Where the offender is a public officer and uses the person's office in furtherance of an offence under this section, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years.
(9) Where the offender is a person who is concerned in the management of an institution or organised criminal group engaged in trafficking in persons, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirtyfive years.
(10) Where the offender is charged with and convicted by a court for the commission of five or more counts of human trafficking, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years.
(11) Where the victim is trafficked for the purpose of the removal of the victims body parts contrary to the Human Tissue Act, the offender is liable to imprisonment for a term of not less than twenty-five years and not exceeding thirty-five years.
(12) In orderto establish the liability, in terms of subsection (1), of an employer or principal, the conduct of an employee or agent or any other person acting on behalf of the employer or principal may be attributed to the employer or principal if that person is acting—
(a) within the scope of the employee's or agent's employment;
(b) within the scope of the employee's or agent's actual or apparent authority; or
(c) with the express or implied consent of a director, member or partner of the employer or principal.
(13) Subsection (12) does not exclude the liability of an employee or agent of or any other person acting on behalf of the employer or principal for committing the offence of trafficking in persons.
(14) A finding by a court that an employer or principal has contravened subsection (1) shall constitute a ground for revoking the licence or registration of the employer or principal to operate.
4. Debt bondage
A person who intentionally and unlawfully engages in conduct that causes another person to enter into a situation of debt bondage commits an offence and is liable, upon conviction, to imprisonment for a term of not less than fifteen years and not exceeding twenty-five years.
6. Using the services of victim
( 1 ) A person who intentionally and unlawfully benefits, financially or otherwise, from the services of a victim or who uses or enables another person's usage of the services of a victim commits an offence and is liable, upon conviction, to imprisonment for a term of not less than ten years and not exceeding twenty-five years.
(2) Where the services used or procured constitute—
(a) sexual exploitation; or
(b) the worst forms of labour;
the offender is liable to imprisonment for a term of not less than fifteen years and not exceeding twenty-five years.
7. Conduct facilitating trafficking in persons
( 1 ) A person who—
(a) transports a victim or is in charge of a conveyance which facilitates any offence under this Act;
(b) intentionally and unlawfully leases or subleases or allows any room, house, building or premises to be used for the purpose of harbouring a victim; or
(c) advertises, publishes, prints, broadcasts, distributes or causes the advertisement, publication, printing, broadcast or distribution of information that suggests or alludes to trafficking by any means, including the use of the Internet or other information technology;
commits an offence and is liable, upon conviction to the same penalties as if the person had been convicted of the offence.
(2) It shall be a defence for a person charged with an offence under subsection ( 1 ) to satisfy the court that that person did not know and had no reasonable cause to believe that the premises leased or sublet were being used for the purpose of facilitating the commission of an offence under this Act.
11. Aiding, abetting etc. of offender
A person who aids, abets, counsels, procures, incites or solicits the commission of an offence under this Act, commits an offence and is liable, upon conviction, to the same penalties as if the person had been convicted of the offence.
12. Attempts to commit offence
A person who attempts to commit an offence under this Act commits an offence and is liable, upon conviction, to imprisonment for a term of not less than ten years and not exceeding twenty years.
21. Non defences
It shall not be a defence to a charge for an offence under defences this Act to prove-
(a) that a victim consented to the act constituting the offence;
(b) that the victim had previously engaged in prostitution, or has any other history of a sexual or criminal nature;
(c) where the victim is a child, that the victim, the parent, guardian or other person who has parental responsibilities and rights in respect of the child consented to the act constituting the offence;
(d) that the exploitation of the victim did not occur; or
(e) that the act constituting the offence is a customary practice.
Anti-Human Trafficking Act 2008 (PDF)