Zimbabwe

49. Right to personal liberty

1. Every person has the right to personal liberty, which includes the right--

a. not to be detained without trial; and 

b. not to be deprived of their liberty arbitrarily or without just cause. 

54. Freedom from slavery or servitude 

No person may be subjected to slavery or servitude. 

55. Freedom from forced or compulsory labour 

No person may be made to perform forced or compulsory labour. 

64. Freedom of profession, trade or occupation 

Every person has the right to choose and carry on any profession, trade or occupation, but the practice of a profession, trade or occupation may be regulated by law. 

65. Labour rights

1.Every person has the right to fair and safe labour practices and standards and to be paid a fair and reasonable wage.

2. Except for members of the security services, every person has the right to form and join trade unions and employee or employers' organisations of their choice, and to participate in the lawful activities of those unions and organisations.

3. Except for members of the security services, every employee has the right to participate in collective job action, including the right to strike, sit in, withdraw their labour and to take other similar concerted action, but a law may restrict the exercise of this right in order to maintain essential services.

4. Every employee is entitled to just, equitable and satisfactory conditions of work.

5. Except for members of the security services, every employee, employer, trade union, and employee or employer's organisation has the right to--

a. engage in collective bargaining; 

b. organise; and 

c. form and join federations of such unions and organisations.

6. Women and men have a right to equal remuneration for similar work.

7. Women employees have a right to fully paid maternity leave for a period of at least three months.

66. Freedom of movement and residence

2. Every Zimbabwean citizen and everyone else who is legally in Zimbabwe has the right to--

a. move freely within Zimbabwe; 

b. reside in any part of Zimbabwe; and 

c. leave Zimbabwe. 

78. Marriage rights

2. No person may be compelled to enter into marriage against their will.

81. Rights of children

1. Every child, that is to say every boy and girl under the age of eighteen years, has the right--

e. to be protected from economic and sexual exploitation, from child labour, and from maltreatment, neglect or any form of abuse; 

Constitution of 2013 (PDF)

82. Living off or facilitating prostitution 

Any person who—  

(a) keeps a brothel; or  

(b) demands froma prostitute any payment or reward in consideration of the person—  

(i) keeping, managing or assisting in the keeping of a brothel in which the prostitute is, or has been, living for immoral purposes; or  

(ii) having solicited other persons for immoral purposes on behalf of the prostitute; or  

(iii) having effected the prostitute’s entry into a brothel for the purpose of prostitution; or  

(iv) having brought or assisted in bringing the prostitute into Zimbabwe for immoral purposes; or  

(c) demands from a prostitute any payment or reward in consideration for any present or past immoral connection with the prostitute;  

shall be guilty of living off or facilitating prostitution and liable to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both. 

83. Procuring 

Any person who procures any other person— 

(a) for the purposes of engaging in unlawful sexual conduct with another person or with persons generally, whether inside or outside Zimbabwe; or 

(b) to become a prostitute, whether inside or outside Zimbabwe; or 

(c) to leave Zimbabwe with the intent that the other person may become a prostitute; or 

(d) to leave his or her usual place of residence, not being a brothel, with the intent that he or she may become an inmate of or frequent a brothel elsewhere; 

shall be guilty of procuring and liable to a fine up to or exceeding level fourteen or— 

(i) in a case where the person procured is a young person, imprisonment for a period not exceeding ten years, or both such fine and imprisonment; 

(ii) in any other case, imprisonment for a period not exceeding two years, or both such fine and imprisonment. 

93 Kidnapping or unlawful detention 

(1) Any person who 

(a) deprives an adult of his or her freedom of bodily movement, intending to cause such deprivation or realising that there is a real risk or possibility that such deprivation may result; or 

(b) not being the lawful custodian of the child concerned - 

(i) deprives a child of his or her freedom of bodily movement, intending to cause such deprivation or realising that there is a real risk or possibility that such deprivation may result; or 

(ii) detains or keeps a child, intending to deprive the child’s lawful custodian of his or her control over the child or realising that there is a real risk or possibility that such deprivation may result; 

shall be guilty of kidnapping or unlawful detention and liable 

1. to imprisonment for life or any shorter period, except in a case referred to in subparagraph B; or
2. where the kidnapping or unlawful detention was Committed in the mitigating circumstances referred to in paragraph (b) of subsection (3), to a fine not exceeding level seven or imprisonment for a period not exceeding two years or both.

(2) An accused may be convicted of kidnapping or unlawful detention- 

(a) whatever the manner in which the accused deprived the adult or child of his or her freedom of bodily movement or the lawful custodian of his or her control, whether by the use of threats or force or by the use of fraudulent misrepresentation or otherwise; and 

(b) whatever the period over which the accused deprived the adult or child of his or her freedom of bodily movement or the lawful custodian of his or her control. 

(3) In determining an appropriate sentence to be imposed upon a person convicted of kidnapping or unlawful detention, and without limitation on any other factors or circumstances which a court may take into account - 

(a) a court shall regard it as an aggravating circumstance if - 

(i) the kidnapping or unlawful detention was accompanied or motivated by the demand of a ransom for the safe return of the adult or child; or 

(ii) the kidnapping or unlawful detention was accompanied by violence or the threat of violence; 

(b) a court shall regard it as a mitigating circumstance if, in the case of the kidnapping or unlawful detention of a child, the accused is a parent of or closely related to the child and the kidnapping or unlawful detention was not accompanied by violence or the threat of violence. 

94 Pledging of female persons 

(1) A lawful custodian or relative of a female person who - 

(a) at a time when the female person is under the age of eighteen years, or without her consent, hands her over to another person as compensation for the death of a relative of that other person, or as compensation for any debt or obligation; or 

(b) at a time when the female person is under the age of eighteen years, or without her consent, enters into an arrangement whereby the female person is promised in marriage to any man, whether for any consideration or not; or 

(c) by force or intimidation compels or attempts to compel a female person to enter into a marriage against her will, whether in pursuance of an arrangement referred to in paragraph (a) or (b) or otherwise; 

shall be guilty of pledging a female person and liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding two years or both. 

(2) Any party to an arrangement or marriage referred to in Subsection (1) may be charged as an accomplice to pledging a female person. 

4A. Prohibition of forced labour. 

(1) Subject to subsection (2), no person shall be required to perform forced labour. 

(2) For the purposes of subsection (1) “forced labour” does not include— 

(a) any labour required in consequence of the sentence or order of a court; or 

(b) labour required of any person while he is lawfully detained which, though not required in consequence of the sentence or order of a court— 

(i) is reasonably necessary in the interests of hygiene or for the maintenance or management of the place at which he is detained; or 

(ii) is permitted in terms of any other enactment;  or 

(c) any labour required of a member of a disci- plined force in pursuance of his duties as such or any labour required of any person by virtue of an enactment in place of service as a 

member of any such force; or 

(d) any labour required by way of parental discipline; or 

(e) any labour required by virtue of an enactment during a period of public emergency or in the event of any other emergency or disaster that threatens the life or 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 disaster, for the purpose of dealing with that situation. 

(3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. 

Labour Act (PDF)

2. Interpretation 

"'debt bondage" means a pledge by a debtor of his or her personal services or labour, or those of a person under his or her control, as security or payment for a debt; 

3. Crime of trafficking in persons. 

(1) Any person who- 

(a) trafficks any individual by transporting him or her into outside or within Zimbabwe- 

(i) involuntarily, that is to say by any of the following means-

A. force, violence or threats thereof; or

B. administering drugs to subdue the victim or causing the victim to be addicted to drugs; or

C. abduction or detention of the victim; or

D. fraud, extortion or deception; or

E. the abuse of power or trust over the victim; or

F. the giving of inducements to the victim or a person having control over the victim for the purpose of facilitating the transportation of the victim; or

(ii) voluntarily, for an unlawful purpose; 

(b) knowingly does any of the following acts- 

(i) recruits, transfers, harbours or receives another person that he or she knows or suspects is being or is likely to be trafficked; or 

(ii) attempts, assists, abets, conceals, procures, incites, solicits, connives at, or conspires with others for, the commission of the crime of trafficking; or 

(iii) leases or subleases or allows the use of any premises or land which belongs to him or her or over which he or she has control for the purpose of trafficking; or 

(iv) advertises or assists in the advertising, printing, publication, broadcasting or distribution by any means, any material that promotes trafficking in persons; or 

(v) being an internet service provider operating in Zimbabwe, is aware of any site on its server that contains information in contravention of subparagraph (iv); or 

(vi) for the purpose of trafficking assists any other person to obtain false identity or travel documents or tampers with identity or travel documents; or 

(vii) facilitates in any way the cross-border transportation of victims in contravention of paragraph (a); or 

(viii) benefits either directly or indirectly from the proceeds of trafficking; or 

(ix) for the purpose of trafficking confiscates, destroys or conceals the identity or travel documents of an individual in order to unlawfully deny such individual his or her freedom of movement, or access to any public services; 

shall be guilty of the crime of trafficking persons. 

(2) Any person who commits the crime of trafficking in persons- 

(a) in a case described in- 

(i) subsection (1)(a); or 

(ii) subsection (1)(b) that is committed in any of the aggravating circumstances described in subsection (3); 

shall be liable to imprisonment for life or any definite period of imprisonment of not less than ten years; 

or 

(b) in a case described in- 

(i) subsection (1)(a) where special circumstances in terms of subsection (5) are found to apply; or 

(ii) subsection (1)(b) that is not committed in any of the aggravating circumstances described in subsection (3) or, if committed in such circumstances, where special circumstances in terms of subsection (5) are found to apply; 

shall be liable to a fine not exceeding level fourteen or imprisonment not exceeding ten years or both such fine and such imprisonment. 

(3) The crime of trafficking in persons shall be considered to be committed in aggravating circumstances if- 

(a) the trafficked person is a child or disabled person; or 

(b) the child adoption laws of any country or territory are abused to facilitate the trafficking of a child; or 

(c) the crime is committed by an organized criminal group; or 

(d) the offender is an ascendant, parent, sibling, guardian or a person who exercises parental authority over the victim; or 

(e) the offender is a member of a law enforcement agency or the leader of a religious body or group that purports to be a religious body; or 

(f) by reason or on the occasion of the act of trafficking, the victim dies, becomes insane, suffers mutilation or is infected with the Human Immune Virus (HIV), Acquired Immuno-Deficiency Syndrome (AIDS), a sexually transmitted infection (STI) or any other disease; or 

(g) the transportation of the victim was, to the knowledge of the offender, procured by any of the means specified in subsection (1)(a). 

(4) If a victim was trafficked for the purposes of adult or child pornography or prostitution, or for any purpose or in any circumstances involving the breach of the immigration or labour laws of Zimbabwe or of any country or territory, that victim shall not be charged with any crime whose essential elements include adult or child pornography, prostitution or the breach of the immigration or labour laws in question. 

(5) If the person accused of trafficking in persons in contravention of subsection (2)(a) satisfies the court that there are special circumstances in the case, which circumstances shall be recorded by the court, why the penalty provided under subsection (2)(a) should not be imposed, the person on conviction shall be liable to the penalty provided under subsection (2)(b). 

(6) No portion of a sentence imposed in terms of subsection (2)(a) shall be suspended by the court if the effect of such suspension is that the convicted person will serve less than ten years imprisonment. 

(7) It shall not be a defence to a charge or trafficking in persons for an offender to prove that- 

(a) a victim consented to any act constituting the offence; or 

(b) the victim had previously engaged in prostitution or pornography or has been convicted of any criminal offence; or 

(c) where the victim is a child, that the victim, or the parent, guardian or other person who has parental authority over the victim, consented to any act constituting the offence; or 

(d) the purpose for which the offence is committed was not fulfilled; or 

(e) any act constituting an essential element of the crime of trafficking in persons is a customary or religious practice. 

Trafficking in Persons Act (PDF)