Human trafficking in Zambia is recognised as one of the most serious human rights and criminal law violations. In response to its increasing complexity and cross-border nature, Zambian law provides a comprehensive legal framework aimed at preventing human trafficking, punishing offenders, and protecting victims.
This article provides a general legal overview of human trafficking under Zambian law, including its definition, penalties, victim protections, and why public awareness is critical.
Legal Framework Governing Human Trafficking in Zambia
Human trafficking in Zambia is primarily regulated by the Anti-Human Trafficking Act of 2008, as amended by Act No. 16 of 2022.
The law criminalises the recruitment, transportation, transfer, harbouring, or receipt of a person for the purpose of exploitation, where such acts are carried out through:
Force or threats
Coercion or abuse of power
Fraud or deception
Abduction or other unlawful means
The legislation applies to both domestic and cross-border trafficking and aligns Zambia’s legal obligations with international anti-trafficking standards.
What Constitutes Human Trafficking Under Zambian Law
Under the Anti-Human Trafficking Act, exploitation includes, but is not limited to:
Forced labour or servitude
Sexual exploitation
Child trafficking
Forced marriage or debt bondage
Removal of organs
Exploitation in armed conflict
Any form of slavery or slavery-like practices
These acts constitute human trafficking where they involve exploitation, regardless of whether the victim initially consented.
Special Legal Protection for Children
Zambian law provides enhanced protection for children.
Where the victim is a child, proof of force, coercion, fraud, or deception is not required. Any act of recruiting, transporting, transferring, harbouring, or receiving a child for exploitative purposes automatically amounts to human trafficking.
This strict approach reflects the law’s zero-tolerance position on child exploitation.
Protection of Victims of Human Trafficking:
Zambia adopts a victim-centred approach to human trafficking.
A trafficked person cannot be prosecuted for criminal acts that are a direct consequence of being trafficked. This legal protection is intended to:
Encourage victims to report trafficking
Facilitate cooperation with law enforcement
Support access to rehabilitation, protection, and reintegration services
Victims are also entitled to assistance under national policy frameworks coordinated by relevant State institutions.
Penalties for Human Trafficking Offences in Zambia
Human trafficking offences attract severe penalties, reflecting the seriousness of the crime:
20 to 30 years imprisonment for general trafficking offences
25 to 35 years imprisonment where the offence involves sexual exploitation or abduction
Aggravated Human Trafficking Offences
In aggravated circumstances, offenders may face life imprisonment, including where:
Children are trafficked by parents or guardians
The offence results in death or grievous bodily harm
Organs are removed
The offence is committed by organised criminal groups
The law also criminalises knowingly benefiting from, facilitating, or concealing human trafficking, with custodial sentences and financial penalties applicable.
National Policy and Enforcement Mechanisms
Zambia has adopted a National Policy on Human Trafficking, supported by national action plans aimed at strengthening:
Prevention and public awareness
Investigation and prosecution
Victim protection and rehabilitation
Enforcement is carried out through a multi-agency approach, involving law enforcement, immigration authorities, social welfare institutions, and other relevant bodies.
Why Awareness of Human Trafficking Laws Is Important
Understanding Zambia’s human trafficking laws is essential for:
Employers and recruitment agencies
Parents and guardians
Transporters and accommodation providers
Community leaders and the general public
Legal awareness helps prevent unintentional involvement in trafficking-related offences and supports the early identification and protection of victims.
Conclusion
Human trafficking is a serious criminal offence in Zambia, punishable by lengthy imprisonment and, in aggravated cases, life sentences. The law places strong emphasis on victim protection, particularly for children, and adopts a zero-tolerance approach to exploitation in all its forms.
Public awareness, lawful conduct, and institutional cooperation remain critical tools in combating trafficking in persons.
⚠️ This article is for general legal information only and does not constitute legal advice.
PATRICK CHULU LEGAL PRACTITIONERS (PC|LP)
Integrity • Courage • Excellence
🌐 www.pclplaw.com