COMBATTING HUMAN TRAFFICKING: CHALLENGES AND

NATIONAL LEGAL FRAMEWORK ON HUMAN TRAFFICKING THE CONSTITUTION OF ZAMBIA CAP 1.
THE ANTI-HUMAN TRAFFICKING ACT No. 11 OF 2008, and
AMENDMENT ACT NO. 16 of 2022.
THE CHILDREN’S CODE ACT NO 12 OF 2022
THE IMMIGRATION & DEPORTATION ACT No. 18 OF 2010.
THE PENAL CODE CAP 87 OF THE LAWS OF ZAMBIA.
THE CRIMINAL PROCEDURE CODE CAP 88.
REFUGEES ACT NO. 1 OF 2017, THE DISABILITY ACT OF 2010
THE ANTI-GENDER BASED VIOLENCE CRIMES ACT NO.1 OF 2011.<br>

NATIONAL POLICIES 2022 NATIONAL POLICY ON HUMAN TRAFFFICKING AND SMUGGLING OF MIGRANTS
2022 NATIONAL MIGRATION POLICY<br>

ESTABLISHMENT OF THE ANTI-HUMAN TRAFFICKING DEPARTMENT SECTION 2A OF THE ANTI-HUMAN TRAFFICKING (AMENDMENT) ACT NO.16 OF 2022 ESTABLISHES THE AHTD<br>

FUNCTIONS OF THE ANTI-HUMAN TRAFFICKING ACT TO CO-ORDINATE ACTIVITIES OF ALL RELEVANT INSTITUTIONS ON MATTERS CONNECTED WITH TRAFFICKING.
INVESTIGATE, ARREST AND PROSECUTE CASES OF TRAFFICKING IN PERSONS.
COLLECT AND SHARE INFORMATION RELATED TO TRAFFICKING IN PERSONS.
COLLABORATE WITH STATE INSTITUTIONS, GOVERNMENT DEPARTMENTS, INTERNATIONAL ORGANISATIONS ON MATTERS RELATING TO TRAFFICKING IN PERSONS<br>

DEFINING HUMAN TRAFFICKING SECTION 2 OF THE AHTA (16 OF 2022):
"Trafficking in Persons" means to recruit, transport, transfer, harbour, receive or obtain a person, within or across the territorial boundaries of Zambia, by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.<br>

THE ANTI-HUMAN TRAFFICKING ACT,OFFENCES AND PENALTIES PROHIBITION OF TRAFFICKING IN PERSONS, S.3 ( (AMENDMENT) ACT, NO. 16 OF 2022, PROHIBITION OF T<br>

ELEMENTS OF HUMAN TRAFFICKING (TRIPARTITE OFFENCE) NOTE: ALL THE THREE ELEMENTS MUST BE PRESENT ACT – what is done?(recruit, transfer, transport, harbour, receive) MEANS – how it is done?
threat, fraud, coercion, abduction, deceit ) PURPOSE- why it is done?
(exploitation)<br>

EXPLOITATION SECTION 2 OF THE AHTA (16 OF 2022):
"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;
(f) the removal of body parts;
(g) forced involvement in armed conflict; or
(h) any labour or services obtained through threats or other forms of coercion or the abuse of
power or of a position of vulnerability;<br>

PROHIBITION OF TRAFFICKING IN CHILDREN SECTION 3A OF THE AHTA
(16 OF 2022)<br>

PROHIBITION OF TRAFFICKING IN CHILDREN SECTION 3A OF THE AHTA (16 OF 2022):
(1)A person who recruits, transports, transfers, habours, receives or obtain a child, within or across the territorial boundaries of Zambia, for the purpose of exploitation, commits an offence and is liable, on conviction, to imprisonment for a term of not less than thirty years and may be liable to imprisonment or life.
(2) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation, without proof of force, fraud or coercion, is sufficient to establish the offence of trafficking of a child.<br>

CONT’D (3) Despite subsection (1), where the offender is a parent, guardian or a person having parental responsibility for a child and the offender trafficks a child or permits the trafficking of the child, the offender is liable, on conviction, to imprisonment for a term of not less than thirty-five years and may be liable to life imprisonment.
(4) Despite subsection (1), where the trafficking results in the death or grievous bodily harm of a child,the offender is liable, on conviction, to imprisonment for a term of not less than thirty-five years and may be liable to imprisonment for life.<br>

E ELEMENTS OF TRAFFICKING IN CHILDREN ACT – what is done (recruit, transfer, transport,
harbour, receive) PURPOSE- why it is done
(exploitation)<br>

SMUGGLING OF PERSONS Section 2 of the AHTA NO. 11, 2008.
The procurement in order to obtain, directly or indirectly, a financial or other material benefit of the illegal entry of a person into a country of which the person is not a national or permanent resident.<br>

ELEMENTS OF SOM PROCUREMENT COUNTRY WHICH A PERSON IS NOT A NATIONAL OR PERMANNENT RESIDENT FINANCIAL OR OTHER MATERIAL BENEFIT ILLEGAL ENTRY<br>

TRAFFICKING AND SMUGGLINGSIMILARITIES AND DIFFERENCES TRAFFICKING
LEGAL/ILLEGAL BORDER CROSSING,
NO BOARDER CROSSING,
RESTRICTED MOVEMENT/
CONTROL OF THE PERSON CRIMINAL ACTIVITIES
PROFITABLE BUSINESS,
INVOLVES HUMAN BEINGS SMUGGLING
ILLEGAL BORDER CROSSING ,
ILLEGAL DOCUMENTS (FALSE OR STOLEN)
VOLUNTARY,
A ONE OFF SERVICE,
FOREIGN NATIONAL/NOT A PERMNANENT RESIDENT OFA COUNTRY<br>

CHALLENGES IN COMBATTING HUMAN TRAFFICKINGTHE HUMAN TRAFFICKING SITUATION IN ZAMBIA ZAMBIA IS:

A SOURCE COUNTRY FROM WHICH VICTIMS ARE RECRUITED ALSO A DESTINATION COUNTRY WHERE EXPLOITATION OF VICTIMS TAKES PLACE. A TRANSIT COUNTRY THROUGH WHICH TRAFFICKERS TRANSPORT THEIR VICTIMS EN-ROUTE TO THEIR DESTINATION<br>

CHALLENGES CONT’D LACK OF AWARENESS- PEOPLE ARE NOT AWARE OF THE SIGNS OF HUMAN TRAFFICKING MAKING IT DIFFICULT TO UNDERSTAND ITS SCOPE.
INADEQUATE RESOURCES TO EFFECTIVELY INVESTIGATE AND PROSECUTE CASES OF HUMAN TRAFFICKING.
INADEQUATE CAPACITY OF OFFICERS TO EFFECTIVELY IDENTIFY AND SUPPORT VICTIMS OF HUMAN TRAFFICKING.
LACK OF COORDINATION- COMBATTNG HUMAN TRAFFICKING REQUIRES A MULTIFACETED APPROACH.
LANGUAGE BARRIER
LACK OF INTERPRETERS TO SPEAK CERTAIN FOREIGN LANGUAGES<br>

OPPORTUNITIES FOR THE THIRD WORLD COUNTRIES INTERNATIONAL COOPERATION AND SUPPORT.
ENHANCE CAPACITY BUILDING AND TRAINING FOR OFFICERS IN THE CRIMINAL JUSTICE SYSTEM.
COMMUNITY BASED INITIATIVES
TECHNOLOGY AND INNOVATION TO TRACK AND PREVENT HUMAN TRAFFICKING
EMPOWERING SURVIVORS AND PROMOTING THEIR REINTEGRATION INTO SOCIETY<br>

ANY QUESTIONS OR CONTRIBUTIONS<br>